HomeMy WebLinkAboutO-00-03ORDINANCE NO. 0-00-03
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AMENDING SECTION 20A-19.3 (19) ,
LAND DEVELOPMENT CODE, RIVERFRONT OVERLAY DISTRICT
DEFINITIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Riverfront Overlay District provisions of the
Land Development Code of the City of Sebastian provides maximum
lot width coverage for structures within the district as a means
of maintaining iow density within the district and riverfront
vistas for the citizens of the community; and
WHEREAS, regulation of this nature is unique to the
Riverfront District; and
WHEREAS, the definitions to the overlay district regulations
provide that widths are measured by a line parallel to the street
frontage of the lot, but do not delineate where in the dimensions
of the lot this line is to be measured; and
WHEREAS, application of the general Code directive that lot
width be measured along the front setback can lead to inequitable
results where side lot lines do not run parallel;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows:
Section 1. That section 20A-19.3(19) of the Land
Development Code, City of Sebastian, Florida is hereby amended to
read as follows:
Sec. 20A-19.3. Definitions.
(19) Width means a lineal dimension of a site or
building measured on a line parallel to the line of
the street frontage. In measuring Lot Width, said
pa~l!el line will run through the midpDint of a
perpendicular line extending from the midpoint of thg.
_front lot line to the._point at which it intersects
the rear lot line.
Section 2. CONFLICT. Ail ordinances or parts of
ordinances in conflict herewith are hereby repealed.
Section 3. SEVERABILITY. 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 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.
effect upon adoption.
This Ordinance shall take
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:
Mayor Chuck Neuberger
Councilmember Joe Barczyk
Councilmember Walter Barnes
Councilmember Ben A. Bishop
Councilmember Edward J. Majcher,
The Mayor thereupon declared this Ordinance duly passed and
adopted this 23rd day of February, 2000.
ATTEST:
~h~y~M20'~alloPan,
City Clerk
CITY OF SEBASTIAN, FLORIDA
Approved as to form and
legality for reliance by the
City of Sebastian only:
Ri!'ringe~r~ ~y Attorney