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Home My WebLink AboutO-93-10ORD~N~NCE NOo 0-93-~0 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 20A-5.9 OF THE SEBASTIAN LAND DEVELOPMENT CODE, PERTAINING TO WALLS AND FENCES~ PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH~ PROVIDING FOR CODIFICATION~ PROVIDING FOR SEVERABILITY~ AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 20A-5.9 of the Sebastian Land Development Code has been promulgated for the purpose of creating guidelines for the construction and maintenance of fences and walls within the City of Sebastian; and WHEREAS, Section 20A-5.9.C restricts the height of fences and walls, within residential areas, to six (6) feet; and WHEREAS, the planned expansion of County Road 512 has caused Indian River County to abandon a one hundred (100) foot railway right-of-way which acted as a buffer between certain residential lots and County Road 512; and WHEREAS, the expansion of County Road 512 will require certain vegetation and trees, which act as a buffer between the roadway and adjacent residential lots, to be removed; and WHEREAS, it is the desire of the City to allow owners of these adjacent lots to construct fences, to a maximum height of eight (8) feet, in order to create a new visual and sound buffer from County Road 512; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA AS FOLLOWS: Section 1. Section 20A-5.9.C of the Sebastian Land Development Code shall be amended as follows: Residential area limltations and restrictions General Rule. Fences and walls, not exceeding six (6) feet in height, may be placed along the boundary of a lot on that portion of the lot lying behind the front setback line and behind the front of the main structure. Fences and walls placed in front of the main structure shall not exceed four (4) feet in height. General Rule (exception). Notwithstanding the provisions of 20A-5.9.C.1 of the Sebastian Land Development Code, fences and wails, not exceeding eight (8) feet in height, may be placed along the boundary of a lot on that portion of the lot lying behind the front setback line and behind the front of the main structure on any of the following residential lots adjacent to Fellsmere Road, also known as County Road 512, in the City of Sebastian: Lots 1 through 8, Block 41, Sebastian Highlands Unit 1 Lots 2 through 19, Lot 28~ Block 59 Sebastian Highlands Unit 2 Lot 16, Block 68, Sebastian Highlands Unit 2 Lot 2, Block 72, Sebastian Highlands unit 2 Lots 9 through 18, Block 72, Sebastian Highlands Unit 2 Lots 1 and 2, Block 42, Sebastian Highlands Unit 2 Lots 4 through 40, Block 42, Sebastian Highlands Unit 2 Lots 7 and 8, Block 57, Sebastian Highlands Unit 2 Lots 1 through 21, Block 149, Sebastian Highlands Unit 3 Lot 1, Block 169, Sebastian Highlands Unit 5 Lots 18 through 49, Block 169, Sebastian Highlands Unit 5 Lots 122 through 124, San Sebastian Springs Lots 147 through 154, San Sebastian Springs Lots 1 through 6, Roseland Acres Corner Lots. Notwithstanding the provisions of 20A-5.9.C.1 or 20A-5.9.C.2, fences and walls four (4) to six (6) feet in height may be located to the front of the front setback line along the boundary of the secondary front yard of an improved corner lot. Only those - 2 - fences and walls placed along the boundary of the primary front yard of an improved corner lot must be located behind the front setback line. (a) Secondary front yard. For purposes of this paragraph, the term "secondary front yard" shall mean the yard of an improved corner lot located between the street and the side of the main structure facing the street where the primary entrance to the main structure is not located. (b) Primary front yard. For purposes of this paragraph, the term "primary front yard" shall mean the yard of an improved corner lot located between the street and the side of the main structure facing the street where the primary entrance to the main structure is located. visibility triangles. Visibility triangles, within which nothing shall be erected, placed, parked, planted or allowed to grow in such a manner as to impede vision between a height of two (2) feet and eight (8) feet above the centerlines of intersecting trafficways, shall be provided as follows: (a) (b) Vision olearanoe at street, alley and driveway intersections. A visibility triangle shall be required at all trafficked intersections. No wall, fence, hedge, or structure within the visibility triangle shall exceed a height of two (2) feet above the elevation of the abutting street measured at the centerline. Dimensions of visibility triangle. The sides of the visibility triangle shall be thirty (30) feet at street-to-street intersections and fifteen (15) feet at all other intersections. These distances shall be measured along the well-defined edge of pavement from their point of intersection. Where no well-defined edge of pavement exists, a probable edge of pavement shall be established from the existing centerline of the travelways, using twelve-foot travel lane(s) for dedicated streets, eight-foot half width for all dedicated alleys and utility - 3 - easements, and five-foot half width for single driveways." Visibility triangles are the following diagram. --\/\/ Residential Lot Main Structure further defined by ICorner Residential Ma i n St ~-ucture /\/\-- STP,~E T Trellis structures. Trellis structures that do not form a barrier may be erected at any location on a lot except within visibility triangles. Such trellis structures need not satisfy the height limitation and restrictions for residential fences and walls provided in this subsection (C)." Section 2. CONFLICTS. Ail Ordinances or ordinances in conflict herewith are hereby repealed. parts of Section 3. 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 4. 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 5. EFFECTIVE DATE. This Ordinance shall become effective immediately upon its adoption. - 4 - The foreg~L~'ng~Ord%nance was moved for adoption by Council member ~ The motion was seconded by Council member {~~ ' and, upon being put to a vote, the vote was as follows: Mayor Lonnie R. Powell Vice-Mayor Frank Oberbeck Councilmember Carolyn Corum Councilmember Norma J. Damp Councilmember Robert Freeland The Mayor thereupon declared this Ordinance duly passed and adopted this ~ day of ~ , 1993. ATTEST: Kathr~n M.. O'Halloran, CMC/AAE City Clerk - 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 ~3~lic hearing /~as held on this Ordinance at 7:00 p.m. on the~ day of ~ , 1993, and that following said public hearing this Ordinance was passed by the City Council. Kathr~n M Halloran, CMC/AAE City Clerk Approved ~Form and Content: Charles Ian Nash, City Attorney - 5 -