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HomeMy WebLinkAbout10-18-2018 PZ Agendam, SE TAN HOME OF PELICAN ISLAND 1225 MAIN STREET ■ SEBASTIAN, FLORIDA 32958 TELEPHONE (772) 589-5518 ■ FAX (772) 388-8248 AGENDA PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY THURSDAY, OCTOBER 18, 2018 — 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MAYBE INSPECTED IN THE OFFICE OF COMMUNITY DEVELOPMENT 1225 MAIN STREET, SEBASTIAN, FLORIDA OR ON THE CITY WEBSITE CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. ANNOUNCEMENTS AND/OR AGENDA MODIFICATIONS Modifications and additions require unanimous vote of members. Deletions do not apply. 5. APPROVAL OF MINUTES Regular meeting of October 4, 2018 6. QUASI-JUDICIAL and PUBLIC HEARINGS • Chairman opens hearing, attorney reads ordinance or resolution or title • Commissioners disclose ex-parte communication • Chairman or attorney swears in all who intend to provide testimony • Applicant or applicant's agent makes presentation • Staff presents findings and analysis • Commissioners asks questions of the applicant and staff • Chairman opens the floor for anyone in favor and anyone opposing the request (anyone presenting factual information shall be sworn but anyone merely advocating approval or denial need not be sworn in) • Applicant provided opportunity to respond to issues raised by staff or public • Staff provided opportunity to summarize request • Commission deliberation and questions • Chairman calls for a motion • Commission Action A. Public Hearing — Recommendation to City Council — Land Development Code Amendment — Ordinance 0-18-10 — Amending Article VII, General Regulations — Section 54-2-7.7 Walls and Fences UNFINISHED BUSINESS None 8. PUBLIC INPUT Public Input on items other than on the printed agenda, is five minutes, however, it can be extended or terminated by a majority vote of members present 9. NEW BUSINESS None 10. COMMISSIONERS MATTERS 11. CITY ATTORNEY MATTERS: 12. STAFF MATTERS 13. ADJOURN HEARING ASSISTANCE HEADPHONES ARE AVAILABLE IN THE COUNCIL CHAMBERS FOR ALL GOVERNMENT MEETINGS. ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONYAND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (F.S.266.0105) IN COMPLIANCE WITH THE AMERICAN WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 589-5330 AT LEAST 48 HOURS IN ADVANCE OF THIS MEETING. All government meetings in City Council Chambers will be broadcast live on COS -TV Comcast Channel 25 and ATT UVerse Channel 99 and streamed via the city website — www.citvofsebastian.ora unless otherwise noticed and rebroadcast at a later date — see COS -TV Channel 25 for broadcast schedule 2 1 KA 3 CITY OF SEBASTIAN PLANNING AND ZONING COMMISSION MINUTES OCTOBER 4, 2018 Call to Order -- Chairperson Kautenburg called the meeting to order at 6:00 p.m. Pledae of Alleaiance was recited by all. :n111*11 Present: Mr. Roth Mr. Simmons (a) Ms. Kautenburg Mr. Carter Not Present: Mr. Reyes - Excused Mr. Mauti -- Excused Mr. Qizilbash Mr. Hughan Mr. Alvarez Also Present: Ms. Dorri Bosworth, Planner Ms. Janet Graham, Technical Writer Mr. James Stokes, City Attorney I C 2 .� N C ,_ o � cr ac ~ Ea (. E C O m N� Vim® a 2 e1 c (A N CL J ' a ib Ms. Dale Simchick, Indian River County School Board, was not present. Announcements and/or Aaenda Modifications -- A. Ms. Bosworth stated that since Mr. Reyes is absent, Mr. Simmons (a) will be voting in his place. B. Regarding the Agenda, New Business, Paragraph A, motion was made by Mr. Carter, seconded by Mr. Simmons, and approved unanimously by voice vote to amend the Agenda, deleting the inadvertently listed agenda item showing the project location as 480 Concha Drive and changing the location to 409 Warren Street, Lots 2 and 3, Block 77, Sebastian Highlands Unit 02, 821 square foot garage for Colleen D'Angelo. 5. Approval of Minutes A. Regular Meeting of July 19, 2018 Ms. Kautenburg asked for any additions or corrections to the Minutes as presented. Hearing none, she asked for a motion to accept the Minutes. A motion to accept the Minutes as presented was made by Mr. Roth, seconded by Mr. Carter, and approved PLANNING AND ZONING COMMISSION PAGE 2 MINUTES OF REGULAR MEETING OF OCTOBER 4, 2018 unanimously by voice vote. 6. Quasi -Judicial and Public Hearinas -- None. 7. Unfinished Business -- None. 8. Public Inout -- None. 9. New Business A. Accessory Structure Review -- 409 Warren Street -- 821 SF Garage -- Colleen D'Angelo. Clay Wick, on behalf of Thompson's Remodeling and the owner, Colleen D'Angelo, 409 Warren Street, Sebastian, FL. He described the project as a garage for additional storage on the north side of the property. With the addition of the structure, all landscaping and other guidelines will be followed. Along the front of the proposed structure they are proposing a covered porch area. An abandonment of easement has been completed, and they are now asking for approval of the project. Ms. Bosworth stated that the house was originally built without a garage and at some point there was a one -car garage built on the opposite side of the house, which meets the requirement of a one -car garage per the zoning district. The 821 square feet addition is just the attached garage; it does not include the porch in front. There was a gopher tortoise located on the vacant lot. According to Fish and Wildlife, a permit is not needed to relocate that gopher tortoise, but they have required protection of the burrow, and Thompson Remodeling has stated they will have that in place before the construction takes place. Regarding the landscape requirements, Ms. Bosworth stated there will be another eight trees needed and 15 hedge plants to be planted around the new accessory structure. There has been a final Planning and Zoning inspection added to the permit, and staff will verify that that landscaping has been implemented before there is a certificate of completion. Staff recommends approval of the project. Ms. Kautenburg called for questions from the Commission. PLANNING AND ZONING COMMISSION PAGE 3 MINUTES OF REGULAR MEETING OF OCTOBER 4, 2018 Mr. Simmons inquired if this would just be residential storage as opposed to commercial storage. Mr. Wick stated it would be just for residential -type items. Mr. Hughan inquired if the wall for the addition will be flush with the wall of the house, and Mr. Wick stated yes. Mr. Qizilbash: • Stated the plan states it will be a separate wall. Mr. Wick described it as a separate block wall that will be attached to the house. The contractor is following the engineer's recommendations regarding attachment of the wall for the addition to the wall of the existing house. The addition will have the same roofline elevation as the house. • Queried if the egress code will be met once the addition is completed. Mr. Wick stated yes. • Asked if the large trees at the back of the house will remain, and Mr. Wick stated they would. Mr. Roth: • Inquired as to the electric voltage that would be in the addition, and Mr. Wick stated it would be 110. • Inquired about the roof for the new structure, and Mr. Wick stated the roof addition will meet all of today's Code standards. • Asked if the electrical pole in the back of the property will have to be moved. Mr. Wick stated it would not. • Asked about the exterior finish, and Mr. Wick stated the current finish on the house is stucco, and the addition will have the same finish. Ms. Bosworth clarified that the house exterior is presently stucco, although that does not show on the drawings. Ms. Kautenburg called for a motion. A motion was made by Mr. Carter, seconded by Mr. Roth to approve addition of the 821 square foot attached garage at 409 Warren Street, Lots 2 and 3, Block 77 Sebastian Highlands, Unit 02 with the condition of planting of eight trees and 15 foundation plantings. ROLL CALL: Mr. Hughan -- Yes Ms. Kautenburg -- Yes Mr. Simmons (a) -- Yes Mr. Qizilbash -- Yes Mr. Roth -- Yes Mr. Alvarez -- Yes Mr. Carter -- Yes B. Discussion -- Land Development Code Amendment to Section 54-2-7.7 Walls and Fences PLANNING AND ZONING COMMISSION PAGE 4 MINUTES OF REGULAR MEETING OF OCTOBER 4, 2018 Ms. Bosworth reviewed that over the last several years staff has had several applications for variances regarding relief of the height of fences that is permitted under the Code, that being six feet, and she recalls that all those variances were granted. Council then suggested that we might need to look at the Code. Staff has provided the Committee with copies of the applicable section of the Code. She stated it has been suggested that the City go ahead and allow eight -foot fences outright or, alternatively, the Code could be set up so that staff can grant administrative variances on a case -by -case basis to allow for a change in the height of a fence, and the request would not have to go before the Board of Adjustment. Consideration should then also be given that, if the Code is changed to eight feet, how those people proceed who already have six-foot fences and want to change their fences so that they are eight feet high. She also addressed the subject of secondary front yards, particularly as to corner lots. These homeowners are restricted as to where a six-foot fence can be placed. Presently, the setback on secondary front yards is 20 feet. Staff would like to suggest discussion of possibly changing that setback for fences only to 10 feet. Another subject for consideration is where a property owner puts a fence in an area where there is an easement for utilities, etc. They are now required to sign an affidavit that states they are aware they are putting a fence in an easement and that the fence may have to be removed if any of the entities that use that easement require it. Staff is now going to request that that document be recorded so that future owners are aware of that condition. Ms. Bosworth stated that staff has already advertised for the next meeting on October 18th, and staff would like to have Committee's comments and/or suggestions before implementing any changes to the Ordinance. Ms. Kautenburg called for questions/comments from the Commission. Mr. Alvarez agrees with allowing administrative variances rather than amending the Code to allow eight -foot fences. Ms. Bosworth stated that staff would set certain criteria for granting the individual variances regarding the finished floor elevation, since many of the newer homes sit higher than their property boundary lines. Mr. Simmons inquired if No. 7 on page LDC7:6 (SEE ATTACHED) would stay the same. Ms. Bosworth stated No. (b) (1) would be the section that applies to the height of fences, and there may be a subsection needed for that paragraph. She also pointed out PLANNING AND ZONING COMMISSION PAGE 5 MINUTES OF REGULAR MEETING OF OCTOBER 4, 2018 subparagraph (2) in that same section describes all the lots and blocks that are exceptions to height regulations for walls and fences, which are all adjacent to County Road 512. Mr. Roth stated he is not in favor of changing the Code to allow eight -foot fences and is in favor of allowing eight -foot fences after administrative review on a case -by -case basis. Ms. Kautenburg: • Inquired as to how many variances have been requested in the last year. Ms. Bosworth stated there were three this year and a couple last year. Ms. Kautenburg stated she is not in favor of eight -foot fences and agrees with Mr. Roth regarding administrative variances. • She agrees with the 10-foot setbacks for secondary front yards. Ms. Bosworth stated that the 10-foot setbacks for side yards would not be addressed by administrative variances but would require a change in the Code to designate where a six-foot fence could be installed on a secondary front yard. She described that the setbacks for secondary side yards are now 20 feet. Mr. Hughan: • Asked for clarification on how the height of the fence is measured from ground level. Ms. Bosworth said the highest point of the ground directly under where the fence will be situated is used. • Is in favor of administrative variances on a case -by -case basis. Mr. Qizilbash: • Agrees that administrative variances be granted on individual bases. • Regarding secondary front yards, he is in favor of the setbacks remaining at 20 feet. Mr. Carter: • Is in favor of the Code remaining at the six-foot height for fences with administrative variances granted on individual bases. • Favors recording the affidavits regarding fences on easements. • Favors 20-foot setbacks for secondary side yards. Ms. Bosworth addressed the subject of which side of a fence should face the street or the neighboring property. Mr. Hughan suggested on corner lots the "finished" side of the fence should face the street, and for other lots it should be up to the homeowner, and that was the consensus of the Committee members. Ms. Bosworth related that a paragraph should be added to the variance that, if a property owner with an existing six-foot fence applies for a variance, a two -foot panel could be PLANNING AND ZONING COMMISSION PAGE 6 MINUTES OF REGULAR MEETING OF OCTOBER 4, 2018 added, but that panel would have to match the material of the original six-foot fence. Ms. Bosworth also asked for clarification of a consensus on the setbacks for secondary side yards, and it was the consensus of the Committee that the 20-foot setback be retained. 10. Commissioners Matters Mr. Carter inquired as to the schedule for work that is to be done on Indian River Drive. Ms. Bosworth stated there will be some work started soon, because it is hoped it will be done before the Clambake. There will be resurfacing work on the part of Indian River Drive that is in the City, and there will also be crosswalks added. Mr. Roth: • Inquired as to the status of the old railroad station that was brought in. Ms. Bosworth stated the owner has tied in to sewer, and the other work will be beginning soon. She checked with the building official, and he is satisfied with what has been permitted so far. • Inquired about the proposed railroad bridge across the inlet, and Ms. Bosworth said she has no information regarding that. • Inquired whether the City is still permitting new houses to install septic. Ms. Bosworth stated that until sewer is available, homeowners are permitted to install septic, but if sewer is available in the area, the homeowners must tie into the sewer line. Ms. Frazier is working on grants regarding sewage. She further stated that all the new subdivisions in the City will have to have City water and sewer. Mr. Simmons asked about developments addressed in the past and their status. Mr. Alvarez brought up the subject of the downtown revitalization project. Ms. Bosworth stated she had that listed under Staff Matters. 11. City Attornev Matters -- None. 12. Staff Matters: Ms. Bosworth stated there has been a market assessment completed for the riverfront, of which she provided a copy to each Committee member. The master draft of the CPA plan has been finalized, and there is to be a meeting with staff to review that. When that has been done, it will come before this Committee. PLANNING AND ZONING COMMISSION PAGE 7 MINUTES OF REGULAR MEETING OF OCTOBER 4, 2018 She also announced that on September 12th the Vacation Rental Ordinance was approved, and there have been several calls on that already. The Building Department is completing the permit checklist, and when that is completed the packet will be ready. She reviewed what is required in order to get the business tax receipt. The owners will have until December 315t to get registered with the City. Ms. Bosworth stated staff has made an interpretation of a section of the Code where a question has come up about businesses who set sales tables outside of their front doors. In the Riverfront overlay and the 512 overlay —any of the overlays —"outside displays" have to be approved by the Planning and Zoning Commission. Based on the definition of "outside storage," staff has made the interpretation that items kept outdoors in a roofed area for less than 24 hours would not be considered an outdoor display and would not have to come before the Committee for approval in the overlay districts. Therefore, merchandise, etc. displayed outdoors, as long as it does not impede sidewalks and is brought in at night, is permitted. 13. Adjourn -- Ms. Kautenburg called for any further business. Hearing none, she adjourned the meeting at 7:13 p.m. J9 SEBAST�NN HOME OF PELICAN ISLAND COMMUNITY DEVELOPMENT DEPARTMENT 1225 MAIN STREET ■ SEBASTIAN, FLORIDA 32958 TELEPHONE (772) 589-5518 ■ FAX (772) 388-8248 www.cityofsebastion.org MEMORANDUM TO: Local Planning Agency (Planning and Zoning Commission) RE: Proposed Land Development Code Amendment to Article VII — General Regulations; specifically Section 54-2-7.7 Walls and fences DATE: October 12, 2018 Based on the discussion held at the October 4th, 2018, Planning and Zoning Commission meeting, staff has prepared Ordinance 0-18-10 for your review and recommendation to City Council. The ordinance amends, updates, and modifies the existing fence and wall regulations as follows: • Removes the requirement for the PZ Commission having to approve temporary construction fences up longer than 180 days • Adds a requirement that any portion of a fence facing a dedicated street right-of- way shall have the finished side facing the street • Establishes a section for administrative variances to allow up to 8-foot fences on properties that meet certain criteria • Removes awkward language regarding fences in secondary front yards and adds clearer verbiage • Relocates and establishes a section for appeals of decisions made by staff • Relocates the section requiring the screening of dumpsters and added the inclusion of recycling dumpsters • Adds the requirement of a recorded affidavit for fences and walls to be located in an easement • Modifies the approval for barbed-wire fences from PZ Commission to staff A first reading of the Ordinance will be scheduled for City Council on November 28th, 2018. Dorn Bosworth, Manager/Planner Community Development Department ORDINANCE NO. 0-18-10 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING LAND DEVELOPMENT CODE SECTION 54-2-7.7 REGARDING WALLS AND FENCES; PROVIDING FOR SEVERABILITY AND REPEAL OF LAWS IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council finds it is in the public interest to modify and update certain provisions of the walls and fences code; and WHEREAS, the Local Planning Agency held a public hearing on October 18, 2018, and made a recommendation to City Council to approve Ordinance 0-18-10. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. That the Land Development Code, City of Sebastian, Florida, is hereby amended as follows: ARTICLE VII. GENERAL REGULATIONS Sec. 54-2-7.7. Walls and Fences. (a) General regulation of walls and fences. (1) Permit required. Except as provided in subsection (4)(8, it shall be unlawful for any person, association, corporation or other entity to install, erect, alter, or located a fence or wall within the city without first obtaining a fence permit for such activity. Notwithstanding the foregoing, a fence permit shall not be required for the replacement or repair of an existing fence or wall unless the replacement or repair cost exceed 50% or more of the value of the fence or wall before its repair or replacement. (2) Application procedures. Application for a fence permit under this section shall be made to the building official and shall include the following: 1 a, A survey prepared by a licensed surveyor of the State of Florida; b. The location, length and height of the proposed fence or wall; C. A description of the materials contined in the proposed fence or wall; and d. Location of any fire hydrant adjacent to the property. (3) Issuance of permits. The building official shall issue a fence permit to an applicant under this section upon his finding that the propose fence or wall is in compliance with the provisions of this article and all other pertinent state and local regulations, and upon payment of the appropriate fee. Fence permits issued under this section shall be subject to all other rules and regulations pertaining to fence permits in general. (4) Construction to withstand forces of nature. All fences and walls shall be constructed to withstand the force of wind and to allow, and not inhibit, divert or alter, the free flow of surface water from the natural course it followed prior to installation of the fence or wall. (5) Posts and supporting members. If the posts or supporting members of a fence or wall are placed in or upon the ground, the posts or supporting members shall be treated or composed of materials resistant to decay, corrosion and termites. (6) Maintenance. All fences and walls shall be maintained in good repair, in a non- hazardous condition, and shall not be allowed to become dilapidated. (7) Height. The height of a fence or wall shall be determined from the highest point of the ground in an eight -foot run lying directly beneath the fence or wall. Berms shall not be considered as part of the ground. (8) Temporary construction fences. The building official may require and approve temporary construction fences, -fee a pvfiai net eeed '�� ''�ys.Jernperary ns :action. e nees iref 180 4wje Shall ro-eervt +ipr.eiwi by thr p:w&jtrb and zoning~including those installed as part of a Storm Water Pollution Prevention Plan (SWPPP). and which shall be removed no later than ten days after construction is comnleted. Temn_ orary construction fences are exemn_ t from vermittine and height regulations. Typesoffences and wallspermitted. (1) Fences and walls shall be constructed and/or comp_ osed of at least one of the following groups of materials: a. Termite -resistant species wood or wood which has been treated to resist rot and termites; (fib. Steel posts and wire fabric of a minimum 11'/z -gauge galvanized or other non -corrodible metal; (c. Ornamental iron; (4)d. Concrete or masonry; (34e. P-lastie Vinvl (PVC) or similar composite. (2) Anv portion of a fence or wall that faces a dedicated street right-of-wav shall direct the finished side of that portion of the fence or wall towards the street. (c) Fences and walls in residential areas. (1) Height of walls and fences. Fences and walls, not exceeding six feet in height, may be placed along the boundary of a lot on that portion of the lot lying behind the front setback line and behind the front of the main structure. Fences and walls placed in front of the main structure shall not exceed four feet in height. The community development director may approve a variance to this section for a fence higher than six feet. but not higher than eight. and prescribe an_prop_ riate terms. provided the following conditions exist: a. The finished floor elevation (FFE) of the residence is a minimum 24 inches above the finished grade at the orooertv line(s) where a higher fence is pronosed. n_ rovided the line is not within a secondary front v_ ard: or b. The FFE of the residence on the adiacent propertv(ies) is a minimum 24 inches higher than the FFE of the residence reauestina a higher fence; and c. The higher fence will be placed on that portion of the line lvina behind the front of the adiacent neighboring main structure on the side(s). The board of adiustment must review all variance rea_uests. which do not meet the_ above reauirements. 3 (2) Exception to height regulations for walls and fences. Notwithstanding the provisions of 54-2-7.7(c)(1) of the Sebastian Land Development Code, fences and walls, not exceeding eight feet in height, may be placed along the boundary of a lot on that portion of the lot lying behind the front setback line and behind the front of the main structure on any of the following residential lots adjacent to Fellsmere Road, also known as County Road 512, in the City of Sebastian: Lots 1-8, Block 41, Sebastian Highlands Unit 1 Lots 2-19, Lot 28, Block 59, Sebastian Highlands Unit 2 Lot 16, Block 68, Sebastian Highlands Unit 2 Lots 147 —154, San Sebastian Springs Lots 1-6, Roseland Acres In addition, tennis court enclosures, not exceeding ten feet in height, may be placed along the perimeter of said tennis court(s). The fence enclosures(s) shall not be located closer than ten feet from the side and rear property lines and shall not be located in any easement(s). (3) Walls and fences on corner lots. Notwithstanding the provisions of 54-2-7.7(c)(1) or 54-2-7.7(c)(2), fences and walls six feet in height may be erected on a corner lot nrovided thev do not extend into the reauired secondary front vard setback area. Fences and walls that extend into the secondary front vard setback area shall not exceed four feet in height and meet the provisions of section 54-2-7.10. fouf eaesree�e�ra�n!�a+aesres�::ve!sa+zrf . -am= MI rMT -MG; ON HOW a. Primary f.,ya d, Sar pwz3 ,, ,;3s of this paragraph, the Ij.-M "prin try fruit yi&A" uhall incsx the yard cf an improved ,,.,....,r let leeated between ;;`c �.�::prc the street and 7 wr& aF the mail 2t"fie facing the street where th ale Wrn msiz J&aetff� b. Seeendary frent yard. For purposes of this paragraphsubsection, the term "secondary front yard" shall mean the yard of an improved corner lot located between the street and the wall of the main structure facing the street where the primary entrance to the main structure is not located. (4) Trellis structures. Trellis structures that do not form a barrier may be erected at any location on a lot except within visibility triangles or dedicated easements. Such trellis structures need not satisfy the height limitation and restrictions for residential fences and walls provided in this subsection. 4 (d) Fences and walls in nonresidential districts. (1) All commercial and industrial zoned properties that are being utilized for residential purposes shall comply with the requirements set forth in section 54-2- 7.7(c). (2) Fences and walls not exceeding eight feet in height may be permitted upon approval of the plamiing and grewth managementcommunitv development director. The planning and zoning commission must approve all fences and walls exceeding eight feet in height. The aetic n of the planning and gfawah- maeagament difeeter may happealed th a J planning b $w ak wppial Ae) be filed with the planningand grewth management departmen wilhix tcn -wt lsng .lays after etio a th NMW41 cr LR&garxef1 director. The request f r the appeal ..ha4i inelude ;..,1;..-ffl l.. tie» g t,. disputed issues in the planning and greyr.h rE au&gamont di et,..-+., etie (3) Reauired screens for garbage, refuse. and recvcling dumasters. Notwithstanding anything to the contrary contained in this section, all garbage, refuse, and recvcling dumpsters, regardless of the siting on the orooertv, shall be screened on all four sides by masonry_ wall, fencing, or other materials permitted hereunder, at least six feet in height, and rendering the view of said dumoster invisible from adiacent properties and public rights-of-way. All or000sed refuse dumoster screens must be approved by the building_ official through the issuance of a fence permit in accordance with procedures set forth in section 54-2-7.7(a). (e) Fences within easements. (1) Fence permit required. It shall be unlawful for any person, association, corporation or other entity to erect a fence or wall within any easement unless a fence permit for the fence or wall is obtained pursuant to section 54-2-7.7(a) prior to the erection of the fence or wall, and the fence or wall is constructed of the materials listed in section 54-2-7.7(b)(1), (2) and (5). Prior to city approval of the permit, the applicant orovertv owner shall provide the city an recorded affidavit f.,m the helder(s) of the easement stating that 1. holder(s) 1. (h ) objeetion t. the it 1 ............... =o the it acknowledging that the fence or wall will be located in an easement. and that the city or utility companv is not resnonsible for any damages to the fence or wall if they need to access the easement area. (2) Property owner responsible for removal cost. Any fence or wall proposed to be installed within a utility or drainage easement that accesses, abuts or provides the city or utility company with a maintenance area to lot line ditches, canals, drainage trackts, or rights -of -way, may be of a permanent or temporary nature. However, if the city or utility company should later determine that removal of the fence or wall is necessary for the installation, maintenance, repair or replacement 5 of the drainage or utility facility, the property owner shall be required to remove the fence or wall within five days of the owner's receipt of written demand for removal from the city or utility company. All cost incurred in the removal and replacement of the fence or wall shall be the responsibility of the property owner. The citv may remove anv_ fence or wall within the easement. as needed. in cases of emeraencv. (3) Maintenance. With the exception of drainage ditches maintained by others, the property owner shall be responsible for the maintenance of all property within a utility or drainage easement regardless of the placement of the fence or wall. The eit fe o allwithinthe .. �y may rG uv r v anyuvv v♦ rr ueasement, needed, , (f) Prohibited fences and walls. (1) Prohibited types of walls and fences. It shall be unlawful to erect, construct, install or maintain the following structures: a. A fence of wall within six feet of a fire hydrant; b. A fence or wall within any street right-of-way; C. An electricity charged fence or wall; d. A fence or wall in a dilapidated condition which appears to be neglected, unkempt, or in substantial disrepair, in whole or in part, and as a consequence thereof is either unsound, hazardous or ineffectual; e. Any fence or wall containing hazardous substances such as broken glass, barbed wire, (except as provided in paragraph (2) below), spikes, nails, wire, or similar materials designed to inflict pain or injury to any person or animal. Any fence constructed of such material shall be deemed to be a public nuisance. (2) Barbed wire fences. Barbed wire fences may be pc mitted by the planning an' administratively annroved by the communitv development director in commercial and industrial districts if the proposed fence is a minimum of six feet and a maximum of eight feet in height and topped with no more than three strands of barbed wire, and pursuant to section 54-2-7.7(a). No part of any such fence may extend beyond the boundaries of the property of which it is installed. (e) Appeals. Anv actions of the community development director as allowed by section 54-2-7.7 may be annealed pursuant to section 54-1-2.2(d). Such anneal shall be filed with the community development denartment within ten working days after action of the community development director. The reauest for the anneal shall include information concernine the disputed issues in the community development director's actions. Section 2. Severability. In the event a court of competent jurisdiction shall determine that any part of this Ordinance is invalid, 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 provision. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without said invalid provision, thereby causing said remainder to remain in full force and effect. Section 3. Repeal of Laws in Conflict. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict. Section 4. Codification. The sections of the ordinance shall be codified within part of the City Land Development Code and may be renumbered or re -lettered to accomplish such, and the word "ordinance" may be changed to "section," "division," or any other appropriate word. Section 5. Scrivener's Errors. Sections of this ordinance may be renumbered or re - lettered and corrections of typographical errors which do not affect the intent may be authorized by the City Manager, or the City Manager's designee, without need of public hearing, by filing a corrected or re -codified copy of same with the City Clerk. Section 6. Effective Date. This Ordinance shall become effective immediately upon its adoption by the City Council. The foregoing Ordinance was moved for adoption by Councilmember . The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: 7 Mayor Jim Hill Vice Mayor Linda Kinchen Councilmember Ed Dodd Councilmember Albert Iovino Councilmember Bob McPartlan The Mayor thereupon declared this Ordinance duly passed and adopted this day of , 2018. ATTEST: Jeanette Williams, MMC City Clerk CITY OF SEBASTIAN, FLORIDA En Mayor Jim Hill Approved as to form and legality for reliance by the City of Sebastian only: James Stokes, BCS City Attorney