HomeMy WebLinkAboutO-02-09ORDINANCE NO. 0-02-9
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA,
AMENDING THE 'LAND DEVELOPMENT CODE, CITY CODE
SECTION 54-2-5.2.3 SINGLE FAMILY RESIDENTIAL DISTRICT (RS-
10) PROVIDING SECONDARY FRONT YARD SETBACKS AND
SECTION 54-5-22.2 DEFINITION OF TERMS: YARD,' FRONT;
PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, current provisions of the Land Development Code require that
secondary front yards of comer lots must meet the same front yard setbacks as the
primary front yard; and
WHEREAS, the City of Sebastian has determined that this requirement invokes a
hardship on the owners of these comer lots in building their homes; and
WHEREAS, the City of Sebastian has determined that a slight decrease in this
secondary setback would provide an equitable solution to the problems experienced by '
these citizens without a significant impact upon the public good; and
WHEREAS, a 'public hearing was held before the Planning and Zoning
Commission on June 20, 2002, and that body recommends approval of the Land
Development Code amendments 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 54-2-5.2.3 of the Land Development Code, City of
Sebastian, Florida, SINGLE FAMILY RESIDENTIAL DISTRICT (RS-lO), is hereby
amended to read as follows:
SECTION 54-2-5.2.3 SINGLE FAMILY RESIDENTIAL DISTRICT (RS-
(d) Dimensional regulations:
(5) Minimum setbacks: All development must comply with requirements for
setbacks from wetlands and open waters established in section 54-3-11. l(c).
Front setbacks: 25 feet.
Secondary frontvard setbacks: 20 feet
Side setbacks: 10 feet
Rear setbacks: 20 feet
Section 2. That section 54-5-22.2 of the Land Development Code, City of
Sebastian, Florida, DEFINITION OF TERMS, is hereby amended to read as follows:
SECTION 54-5-22.2 DEFINITION OF TERMS
Yard, front. A yard extending across the from of a lot between the side
yard lines, and being the minimum horizontal distance between the
street line and the structure e4r or any projections thereof other than the
projections of uncovered steps, and those allowed per section 54-2-
5.10(e)(2)(f). On comer lots and through lots, all yards which.abut the
street are considered from yards for setback purposes unless soecifie
nrovision is made. otherwi~se.
Section 3. CONFLICT. All ordinances or parts of ordinances in conflict
herewith are hereby repealed.
Section 4. 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 5. EFFECTIVE DATE. This Ordinance shall become effective
immediately.
The foregoing Ordinance was moved for adoption by Councilmember Hill. The
motion was seconded by Councilmember Barczyk and, upon being put to a vote, the vote
was as follows:
Mayor Walter Barnes aye
Vice-Mayor James Hill aye
Councilmember Joe Barczyk aye
Councilmember Edward J. Majcher, Jr. absent
Councilmember Ray Coniglio aye
The Mayor thereupon declared this Ordinance duly passed and adopted this 24~h day of
July, 2002.
CITY OF SEBASTIAN, FLORIDA
ATTE~ST:/"
.
Sa W y^. '
City Cled( ~- .
By:
Mayor Walter Barnes
Approved as to form and legality for
reliance by the City of Sebastian only:
Rich ~tringer, ~ty At(~ey