HomeMy WebLinkAboutO-01-12ORDINANCE NO. 0-01-12
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING
THE LAND DEVELOPMENT CODE, CITY CODE SECTION 54-5-22.2
DEFINITION OF TERMS: LOWEST FLOOR; PROVIDING FOR CONFLICT;
PROVIDING FOR SEVERAB[LITY; PROVIDING FOR EFFECTIVE DATE.
WHEREAS, the Department of Community Affairs Division of Emergency
Management conducted a Community Assistance Visit on the City of Sebastian's Floodplain
Management Program on March 27, 2000; and
WHEREAS, the Division of Emergency Management recommended that the 'City amend
its definition of "lowest floor" to match the state definition; and
WHEREAS, a public heating was held before the Planning and Zoning Commission on
May 3,2001, and that body recommends approval of the amendment herein; and
WHEREAS, the City Council upon due public hearing has considered the same and
found said amendments to be in the best interest of the citizens of Sebastian;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows:
Section 1. That section 54-5-22.2 of the Land Development Code, City of Sebastian,
Florida, DEFINITION OF TERMS: LOWEST FLOOR, is hereby to read as follows:
Section 54-5-22.2 DEFINITION OF TER3IS
Lowest floor (Reference level). The low.e.s. Lfloor of the lowes_t enclose_d
area_(includin~ a~basemenfl. An unfini_~she~d or flood-resistant enclosure.
usable solely for r)arkinz of vehicles, buildLny access, or storage in an
area other than a basement areal is not considered a building's lowest
floor orovided that~such enclosure is not built so as to render the
structure in violation of reouirements~
Section 2. CONFLICT, All ordinances or parts of ordinances in conflict herewith
are hereby repealed.
Section 3. 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 or unconstitutional provisions. 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. This Ordinance shall become effective
immediately.
The foregoing Ordinance was moved for adoption by
Barczyk The motion was seconded by Councilmember Bishop
upon being put to a vote, the vote was as follows':
Councilmember
and,
Mayor Walter Barnes aye
Vice-Mayor Ben A. Bishop aye
Councilmember Joe Barczyk aye
Councilmember James Hill aye
Councilmember Edward J. Majcher, Jr. aye
The Mayor thereupon declared this Ordinance duly passed and adopted this..9~day of -MAT,
2001.
CITY OF SEBASTIAN, FLORDA
ATTEST:
Sally A. o, .
City Cle?kj CMC
Mayor Walter Barnes
Approved as to form and legality for
reliance by the City of Sebastian only:
Rich Stringer, City Atto~ey