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HomeMy WebLinkAboutO-87-14Docks- Acc~rt use Exc~on to rule AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, ADDING A NEW SUBSECTION "D" TO SECTION 20A-5.7 OF THE CITY OF SEBASTIAN LAND DEVELOPMENT CODE AND THEREBY PROVIDING UNDER STATED CON- DITIONS FOR THE BUILDING OF ONE DOCK ON PROPERTY ZONED FOR SINGLE FAMILY RESIDENTIAL USE; PROVIDING THE PROCEDURES THAT MUST BE COMPLIED WITH, THE INFORMATION THAT SHALL BE PROVIDED; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, AS FOLLOWS: SECTION I A new subsection (D) is hereby added to Section 20A-5.7 of the City of Sebastian Land Development Code, which new sub-section reads as follows: "D. Exception - One Dock on Single Family Residential Parcel. Notwithstanding anything above, one boat dock may be built adjacent to a lot or parcel of land that is then zoned for single family residential use provided a building permit for such dock is obtained from the City of Sebastian pursuant to the following conditions: 1. The applicant shall submit to the Planning and Zoning Commission an application for a permit along with a fee of fifty dollars. The application shall contain a plan showing the exact location of the proposed dock, its height, elevation, length, width, and the material of construction. The application shall also contain a copy of all other permits that may be required for such dock from the State of Florida and the U.S. Government, if applicable. The application shall also contain a signed and executed written contract between the City and all owners of the the parcel, including mortgage holders, if any, that states that none of the owners shall use the dock, shall not allow nor permit any other person or entity use the dock, and shall take action to see that no use is made of the dock until such time as the single family residence is built on the lot and a certificate of occupancy has been issued for such residence. The application shall also show the zoning applicable to the lot, and shall show the size and dimensions of the lot, and all lot lines and easements. 2. The Planning and Zoning Commission shall be required to review the said application, and may impose reasonable additional qualifications on the permit depending on the facts of the case. If the requirements are met, however, the permit shall not be unreasonably withheld. 3. Prior to the issuance by the Building Official of any such dock permit, the aforesaid contract shall be recorded by the owners and a true copy of the recorded contract shall be delivered to the Building Official, along with a performance bond in the amount of the cost of the dock, or five thousand dollars, which- ever is greater, which bond shall insure that the dock shall be removed if the City's Code Enforcement Board finds and deter- mines that the lot owner(s) have allowed or suffered anyone to use said dock prior to the issuance of the certificate of occu- pancy for the residence on the lot. 4. No dock built shall involve any dred§eing or filling than is necessary to install pilings to support such dock. The dock shall be supported by pilings or shall be a fully floating dock with only the floats being positioned by the pilings. 5. The dock shall not unreasonably impede the flow of water or be a hazard to navigation to the water adjacent thereto. 6. The generally applicable provisions of the Code Enforcement Board shall apply, however, if the Code Enforcement Board finds a violation of the requirements to have been violated, t. he City may take all appropriate actions to enforce the said performance bond, which bond shall remain in full force and effect until such time as the required certificate of occupancy shall have been issued for the single family residence. SECTION II This Ordinance shall be effective immediately upon final passage by the City Council. CITY OF SEBASTIAN, FLORIDA i . · ~J -' .~ ' ~ ~$ . ~ ~-~ f__ I~ Gen~/~arris, Mayor El~zabet.h~~ DeputyC[ty C~rk / I HEREBY CERTIFY THAT public Notice of the foregoing Ordinance was duly publiched in the Vero Beach Press Journal, a newspaper of general circulation in the City of Sebastian, on the /~ day of ~_' ,1987; That a public hearing hereon was duly held in the Ci~t Council Chambers in City Hall, Sebastian, Florida, on the /~ day of ./~~ , 1987, and following said public hearing the City Council~passed this Ordinance." by the following vote: Vice-Mayor Roth Councilman McCarthy Councilman Metcalf Councilman Vallone Mayor Harris