HomeMy WebLinkAboutO-90-15ORDINANCE NO.: O-90-15
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO ACCESSORY BUILDINGS;
AMENDING SECTION 20A-5.7 OF THE LAND DEVELOPMENT CODE
TO REGULATE THE LOCATION OF ACCESSORY BUILDINGS;
PROVIDING HEIGHT RESTRICTIONS FOR ACCESSORY STRUCTURES;
PROVIDING AREA LIMITATIONS FOR ACCESSORY STRUCTURES;
PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR
INCLUSION IN THE LAND DEVELOPMENT CODE OF THE CITY OF
SEBASTIAN; PROVIDING FOR SEVERABILITY; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the Planning and Zoning Commission and the city
staff have both recommended to the City Council of the City of
Sebastian, Indian River County, Florida, that the Land
Development Code as it pertains to accessory buildings be amended
to provide for certain restrictions on the location, the height
and the area of accessory buildings; and
WHEREAS, regulation of accessory buildings enables the City
to better provide for the health, safety and welfare of residents
of the City of Sebastian.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that:
Section 1. Subsection 20A-5.?B of the Sebastian Land
Development Code is hereby amended in its entirety to provide as
follows:
"B. Location. NO accessory building or structure shall
be located in any required yard. Furthermore, all
detached residential accessory buildings and structures
shall not extend beyond the front building line of the
principal structure that is located on the same real
estate parcel or lot."
section Z. Subsection 20A-5.7C of the Sebastian Land
Development Code is hereby amended in its entirety to provide
as follows:
"C. General regulations of accessory buildings.
1. No mobile homes, travel trailers, truck trailers or
any portion thereof, or motor vehicles shall be permitted
as an accessory building.
2. No accessory building shall be constructed or
maintained without a building permit being issued
by the city's building official expressly
designating the type of accessory building (example:
garage, shed, pump house).
3. The building official shall not issue a building
permit if the application for a building permit does
not specify the type of accessory building which the
applicant seeks to construct or to maintain.
4. The building official shall not issue a building
permit if the accessory building does not comply
with any other provisions of the Land Development
Code or the Code of ordinances of the City of
Sebastian.
5. No detached residential accessory building or
structure shall be constructed or maintained whereby
the height thereof exceeds the height of the
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principal structure that is located on the same real
estate parcel or lot.
No detached residential accessory building or
structure shall be constructed or maintained whereby
the square foot area thereof exceeds seventy-five
percent (75%) of the living and non-living square
foot area of the principal structure that is located
on the same real estate parcel or lot."
Section 3. CONFLICT. Ail ordinances or parts
ordinances in conflict herewith are hereby repealed.
of
Section 4. CODIFICATION. It is the intention of the
City Council of the city of Sebastian, Indian River County,
Florida, and it is hereby provided that the provisions of this
Ordinance shall become and be made a part of the Land
Development Code of the City of Sebastian, Florida; that the
sections of this Ordinance may be renumbered or relettered to
accomplish such intention; and the word "Ordinance" may be
changed to "Section," "Article" or other appropriate
designations.
Section 5. 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 and unconstitutional provision, thereby causing
said remainder to remain in full force and effect.
Section 6. EFFECTIVE DATE. This Ordinance shall become
effective immediately upon its adoption.
The foregoing Ordinance was moved
Councilman ~'-'~_.~ .
seconded by Councilman '~/~'~~-L~
for adoption by
The motion was
and, upon
being put into a vote, the vote was as follows:
Mayor W.E. Conyers
Vice-Mayor Frank Oberbeck
Councilman Robert L. McCollum
Councilman Lonnie R. Powell
Councilman Lloyd Rondeau
The Mayor thereupon declared this Ordinance duly passed
and adopted this day of ~ .~, '~- , 1990
CiTY OF SEBASTIAN, FLORIDA
By:
ATTEST:
Kathryn~M. O'Hallor~n, CMC/AAE
City Clerk
(SEAL)
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I HEREBY CERTIFY that notice of public hearing on this
Ordinance was published in the Vero Beach Press Journal as
required by State Statute, that one public heari~ was~ held
on this ordinance at 7:00 p.m. on the ~ day of j3t~23~% ,
1990, and that following said public hearing this Ordinance
was passed by the city Council.
~a{hryh-~Vo,Ha~l~an, C~C/~E
City Clerk
Approved/to Form and Content:
Charl~ Ian ~ash, City httorney