HomeMy WebLinkAboutO-20-03 Building Height Starting PointsORDINANCE NO.O-20-03
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, AMENDING LAND DEVELOPMENT CODE SECTION 54-2-5.10(2),
SIZE AND DIMENSION CRITERIA, REGARDING THE ESTABLISHMENT OF
STARTING POINTS FOR BUILDING HEIGHT MEASUREMENT; PROVIDING
FOR SEVERABHITY 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 sections of the
code; and
WHEREAS, the City wishes to coordinate building height regulations with the requirements of the Florida
Building Code regarding properties located in Special Flood Hazard Areas; and
WHEREAS, the Local Planning Agency held a public hearing on November 19, 2020, and made an
unanimous recommendation to City Council to adopt Ordinance 0-20-03.
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 V. ZONING DISTRICT REGULATIONS
Sec. 54-2-5.10. -Size and dimension criteria.
(2) Height regulations and exceptions thereto.
The term "building height" as used in the land development regulations shall mean the vertical distance
from the highest elevation of either:
1) The minimum Finished Floor Elevation as required in the Code of Ordinances Section 26-1; or
2) The average construction grade of a site where fill is required by another governmental agency; or
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3) The base Flood elevation plus one foot as required by the Florida Building Code; or
4) The base flood elevation plus 18 inches if located within a Coastal High Hazard Area (V Zone),
measured to the highest point of the building, not including those structures specifically permitted to the
extend beyond the height of the building.
Chimneys and radio and television antennas may exceed height limitations upon the prior approval of the
Community Development Department staff and the City Engineer based on the compliance with all other
applicable technical codes. Steeples, silos, windmills, ventilators, water tanks, cupolas and other
appurtenances usually required to be placed above the roof level and not intended for human occupancy or
use may exceed height limitations for the respective zoning district by no more than twenty (20) percent
upon the prior approval of the city staff. All apparatus exceeding height limitations by more than twenty
(20) percent for the applicable zoning district height restrictions shall require variance approval by the
Board of Adjustment. In no event, however, shall any permitted heights be in conflict with the height
regulations established by flight angles of state -approved airports in the city. All permitted heights shall
comply with all requirements of the Federal Aviation Authority and the Federal Communications
Commission.
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 coded 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 Hill . The motion
was seconded by Councilmember Jones and, upon being put to a vote, the vote was as follows:
Mayor Ed Dodd aye
Vice -Mayor Jim Hill aye
Councihnember Fred Jones aye
Councilmember Bob McPartlan ave
Councilmember Christopher Nunn aye
The Mayor thereupon declared this Ordinance duly passed and adopted this 13" day of January, 2021.
CITY OF SEBASTIAN, FLORIDA
ATTEST:
J2anette Williams, MMC
City Clerk
By:
Ed Dodd, Mayor
Approved as to form and legality for
reliance by a City o eb tia
anny An n, Jr., Esq.
City Attorney
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