HomeMy WebLinkAboutO-93-11ORDINANCE NO. 0-93-LL
· -N ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE;
AMENDING SECTION 20A-5.5.D OF THE LAND DEVELOPMENT CODE
PERTAINING TO ENCROACHMENTS OF DETACHED STRUCTURES IN A
REQUIRED REAR YARD;AMENDING PROVISIONS PERTAINING TO THE
LOCATION OF ACCESSORY BUILDINGS; PROVIDING FOR THE REPEAL
OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
HEREWITH; PROVIDING FOR THE INCLUSION OF THIS ORDINANCE
IN THE LAND DEVELOPMENT CODE OF THE CITY OF SEBASTIAN,
FLORIDA; PROVIDING A SEVER~BILITY CLAUSE; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, City staff and the Planning and Zoning Commission
have recommended that revisions be made to the Land Development
Code of the City of Sebastian in order to modify the existing
provisions pertaining to where screened enclosures may be located
in relation to the rear property line in residential zoning
districts; and
WHEREAS, the City Council of the city of Sebastian, Indian
River County, has determined that it is in the best interests of
the city and its residents to revise existing provisions of the
Land Development Code of the City of Sebastian, in accordance with
the recommendations of the Planning and Zoning Commission and the
City staff.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows:
Section 1. That the existing Section 20A-5.5 of the Land
Development Code of the City of Sebastian, Florida, is hereby
amended by deleting Subsection D (§20A-5.5.D) in its entirety and
adding the following new provisions in lieu thereof to read as
follows:
"D. Rear yards. Detached structures, such as
utility sheds and other structures accessory to single-
family homes within a single-family zoning district may
encroach into a required rear yard, provided that any
such structure maintain a minimum distance of ten (10)
feet from the rear property line and not be located
within a dedicated easement, with the exception of
structures that consist solely of screening and beams and
supports for the screening material, no such structure
shall exceed 400 square feet in lot coverage and shall
not exceed twelve (12) feet in height. Structures that
consist solely of screening and beams and supports for
the screening material, such as screen enclosures for
swimming pool areas, shall not exceed twenty five (25)
feet in height."
Section 2. CONFLICT. 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
- 2 -
"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
this 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.
The foregoing ordinance 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
Council member Carolyn Corum
Council member Norma J. Damp
Council member Robert Freeland
- 3 -
The Mayor thereupon declared this Ordinance duly passed and
adopted this ~ day of f~/~ , , 1993.
ATTEST:
~a%~n ~. d'Hal~ran, CMC/AAE
city Clerk
I H~REB~~. CERTIFY that notice of public hearing on this
Ordinance was~published in the Vero Beach Press Journal as required
_ by State St-~tute, that one public hearing was held on this
Ordinanc~.at-'7:00 p.m. on the ~u~ day of ~]/~/ , 1993,
and that foiiowing said public hearing this ordi~fce was passed by
the City Council.
Kathr~ M. O'Halloran, CMC/AAE
City Clerk
Approved as to Form and Content:
Charles Ian Nash, City Attorney
- 4 -