HomeMy WebLinkAboutO-92-05 ORDINANCE NO. 0-92-05
~ ORDZNJl%NCE OF THE CITY OF SEBASTZ~I, INDIAN RIVER
COUNTY, FLORIDa, PERTAINING TO THE ~PP~CE OF BITES
AND STRUCTURES; MENDING SECTION 20~-10.2B OF THE IJtND
DEVELOPMENT CODE OF THE CITY OF SEBABTZ~T; PROVIDING
CRITERIA FOR EVALUATING THE ~PP~CE OF BITES AND
STRUCTUREB; PROVIDING FOR REPF. P~ OF ORDINJ~NCEB OR PARTS
OF ORDIN~NCES IN CONFLICT HERE#ITH; PROVIDING FOR
INCLUSION IN THE L~ND DEVELOPMENT CODE OF THE CITY OF
BEB~BTIP~I~ PROVIDING FOR BEVEI~%BILITY; J~TDPROVIDING FOR
J~T EFFECTIVE D~TE.
WHEREAB, 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
WHERF~S, 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 SEBABTI~%N, 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. Appearance of site and structures. 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.
Ca
de
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.
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.
Location and screeninq of m~chanical equipment,
utility hardware and waste stQ~.aqe areas.
Mechanical equipment or other utility hardware other
than antennas and stacks on roofs shall be
harmonious with the building or they shall be
located and/or screened so as not to be visible from
any public ways within the impacted area, except
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within the Industrial District(s). Similarly,
refuse and waste storage areas shall be screened
from adjacent properties and public ways by
appropriate fences, wails or hedges. In cases where
dumpsters .must be located in areas highly visible
from any public right-of-way, the planning and
zoning commission shall be authorized to require
appropriate vegetative or structure screening to
shield an unsightly condition.
Commercial and industrial activities conducted in
enclosed buildings. All businesses, services or
manufacturing or processing shall be conducted
within completely enclosed buildings. If the
planning and zoning commission determines that a
demonstrated necessity exists for outside storage
or display due to the impracticality and
unreasonableness of enclosure of such services,
storage and display areas, in such case such
service, storage and display areas or yards shall
be screened by a continuous fence or wall by
landscaping and berm system so as to provide a
ninety percent (90%) opaque screen with a minimum
height of five (5) to eight (8) feet, unless the
same is demonstrated by the applicant to the
planning and zoning commission's satisfaction to be
impractical and unreasonable.
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4. Exterior li~htinq, Exterior lighting shall be
provided and shall be so arranged as to shield or
deflect the light from adjoining properties and
public streets."
SeQ~ion 2. CONFLICT. All ordinances or parts of
ordinances in conflict herewith are hereby repealed.
Section 3. 8E~EP~%BILITY. 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 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. EFFECTIVE DATE. This Ordinance shall take
effect immediately upon final passage.
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The foregoing Ordinance
Councilman ~~~
by Councilman ~
vote, the vote was as follows:
was moved for adoption by
. The motion was seconded
and, upon being put to a
Mayor Lonnie R. Powell
Vice-Mayor Frank Oberbeck
Councilman Peter R. Holyk
Councilwoman Carolyn Corum
Councilman George G. Reid
The Mayor thereupon declared this Ordinance duly passed and
adopted this~ day of~~_~, 2992.
ATTEST: ~'~- ~ ~ Mayor
~athryn~M. O'Halloran, CMC/~E
City Clerk
(S L)
Appr~/~orm and Content:
Char~es Ian N~sh, City Attorney
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 hearin~g wa~ held on this
Ordinance at 7:00 p.m. on the~day o~~ , 1992, and
that following said public hearing this Ordlnahce was passed by the
City Council.
Kathryn~M. O'Halloran, CMC/AAE
city Cle k~ApproVedra <° Form and Content:
Charle's'Ian Nash, ~ity Attorne~