HomeMy WebLinkAboutO-91-22 ORDINANCE NO. 0-9L-22
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO THE APPEARANCE OF SITES
AND STRUCTURES~ AMENDING SECTION 20A-10.2B OF THE LAND
DEVELOPMENT CODE OF THE CITY OF SEBASTIANi PROVIDING
CRITERIA FOR EVALUATING THE APPEARANCE OF SITES AND
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 SEVERABILITYI AND PROViDiNG FOR
AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Sebastian, Indian
River County, Florida, has determined that there is a tendency on
the part of some owners and developers to disregard beauty and
quality in construction and that there is serious danger that
construction of inferior quality and appearance, if allowed to
continue, will degrade and depreciate the image and beauty that the
City is striving to obtain, resulting in adverse consequences for
the entire City;
WHEREAS, the City Council has further determined that poor
quality of design in the exterior appearance of buildings, or in
the development and maintenance of structures, affects the
desirability of the immediate area and neighboring areas for
residential, business, industrial or other uses and, as a result,
impairs the benefits of occupancy of existing property in such
areas, prevents the most appropriate development of such areas,
produces undesirable conditions affecting the health, safety,
comfort and general welfare of the inhabitants of the City and
destroys the proper relationship between the taxable value of real
property in such areas and the cost of municipal services provided
therefor; and
WHEREAS, the City Council has determined that in order to
prevent these and other harmful effects, to protect the public
convenience and prosperity, to conserve the value of buildings, and
to encourage the most appropriate use of land within the City,
Section 20A-10.2B of the Land Development Code must be amended.
NOW, THEREFORE, IT BE ENACTED BY THE CITY COUNCIL OF THE CITY
OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows:
Section 1. Section 20A-10.2B of the Land Development Code
of the City of Sebastian shall be amended to read as follows:
"B. Evaluation of the appearance of a project shall be
based on the quality of its overall design and
relationship to the impacted area considering the
following factors:
1. Harmonious overall design. The exterior of
buildings and structures including mass, facade and
materials, shall be in harmony with the site and
general character of the impacted area. The
exterior of a building or structure shall not be
considered in harmony with the site and general
character of the impacted area unless the following
criteria are complied with:
a. The plan for the proposed building or structure is
in conformity with and, in general, contributes to
the image of the City as a place of beauty,
spaciousness, balance, taste, fitness, charm and
high quality.
2
The proposed building or structure is not, in its
exterior design and appearance, of inferior quality
such as to cause the nature of the local environment
to materially depreciate in appearance and value.
The proposed building or structure is in harmony
with the proposed developments on land in the
general area, with the comprehensive plan for the
city, and with any precise plans adopted pursuant
to the comprehensive plan.
The proposed building or structure is appropriate
in relation to the established character of other
structures in the immediate area or neighboring
areas in respect to significant design features such
as material or quality or architectural design as
viewed from any public or private way.
Section 2.
ordinances in conflict herewith are hereby repealed.
Section 3. SEVERABILITY. In the event
The proposed building or structure is designed to
adequately protect unique site characteristics, such
as those related to scenic views, rock outcroppings,
natural vistas, waterways, and similar features."
CONFLICT. All ordinances or parts of
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 4. CODIFICA?iON. It is the intention of the City
Council of the City of Sebastian, Indian River County, lorida, and
it is hereby provided that the provisions of this OrdiFnance 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.
The
Councilman
by Councilman
Section 5. EFFECTIVE DATE.
effect immediately upon final passage.
foregoing Ordinance
Vote, the Vote was as follows:
Mayor W. E. Conyers
Vice-Mayor Frank Oberbeck
Councilman Peter R. Holyk
Councilman Lonnie R. Powell
Councilman George R. Reid
This Ordinance shall take
was moved for adoption by
The motion was seconded
and, Upon being put to a
The Mayor thereupon declared this Ordinance duly passed and
adopted this / day of ¢'_:t,~v( ,l~ ~ 1991.
CITY OF SEBASTIAN, FLORIDA
ATTEST: W.E. Conyers,/~ayor
Kathryn~. 0~Hal~6ran, CMC/AAE
CityCl%rk .
(SEAL)
Approved as to Form and Content:
Ian Nash, City Attorney
I HEREBY CERTIFY that notice of public hearing on this
Ordinance was published in the Veto Beach Press Journal as
required by Section 166.041 (c) 2 of Florida Statutes, that one
public hearing ~was held on this Ordinance at 7:00 p.m. on the
~/~ day of ~.·~ , 1991, and a second public hearing was
h~---~ on thi'~ O~dinance at 7: 00 p m on the //'¥~ day of
,~.~'/~ , 1991, and that following Yh~ second p~l~ hearing
t~is Ordinance was passed by the City Council.
~a~hryn ~. O' Halloran, CMC/AAE
Approve~ as to Form and Content:
Charf'~'s Ian Nash, C£"~cy Attorn'~¥
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