HomeMy WebLinkAboutO-95-02ORDINANCE NO. 0-95-02
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AMENDING ARTICLE XHI OF THE LAND
DEVELOPMENT CODE OF THE CITY OF SEBASTIAN,
PERTAiNING TO LANDSCAPE REGULATIONS, BY DELETING
PORTIONS OF SEC. 20A-13.2; PROVIDING FOR THE REPEAL OF
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
HEREWITH; PROVIDING FOR CODIFICATION; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Sebastian City Council has adopted Ordinance 0-95-01, pertaining
to tree protection within the City of Sebastian, and being applicable to all real property located within
the City of Sebastian; and
WHEREAS, the provisions of Ordinance 0-95-01 are duplicitive of the requirements of Article
XIIi, Sec. 20A-13.2 of the Land Development Code of the City of Sebastian.
NOW, THEREFORE, BE IT ORDAINED BY THE City Council of the City of Sebastian,
Indian River County, Florida, as follows:
SECTION 1. j~andscape Regulation AmendedL Article XIII, Sec. 20A-13.2, of the Land
Development Code of the City of Sebastian, pertaining to the applicability of the landscape regulations
is hereby amended as follows:
"Sec. 20A-13.2. Applicability.
For all new construction other than single-family or two- family residences, the minimum standards
for landscaping set forth in this article shall be applicable to all storage, parking, display, sales or
accessory vehicular use areas when created or used in conjunction with new construction, remodeling
or enlargement requiring updated code compliance."
Section 2.
repealed.
CONFLICTS.
All ordinance or parts of' ordinances in conflict herewith are hereby
Section 3. COD~ICATION. 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 the 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 renumberexl 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 remaining provisions 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 Councilmember
The motion was seconded by Councilmember ./fj.)~,.~e.~
being put to a vote, the vote was as follows:
and, upon
Mayor Arthur L. Firtion
Vice-Mayor Carolyn Corum
Council Member Norma Damp
Council Member Robert J. Freeland
Council Member Frank Oberbeck
The Mayor thereupon declared this ordinance duly passed and adopted this ~ day of
f~z~6/ , 199~.
CITY OF SEBASTIAN, FLORIDA
Kathryn 1~I. O'Haii0ran, CMC/AAE
· 'City Clerk
Arthur L. Firtion, Mayor
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 hearing was held on this
ordinance at 7:00 p.m.-On thec7~/ day of /~dlf~:~ ,199~.~__, and the following
said public hearing this ordinance was passed by the City Coxfl~cil.
Approved as to form and content:
City Attorney
Kathryn M. O'Halloran, CMC/AAE
City Clerk