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Home My WebLink AboutO-95-19 ORDINANCE NO. ~'~5-/~ AN ORDINANCE OF THE CITY COUNCIL OF THE CiTY OF SEBASTIAN, FLORIDA, AMENDING THE CODE OF ORDINANCES, REGULATING ACCESSORY BUILDINGS, PROVIDING DEFINITIONS, PROVIDING FOR SEVERABILITY, PROVIDING FOR CODIFICATION, PROVIDING FOR CONFLICTS, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Sebastian, Florida, desires to amend the Code of Ordinances to regulate the construction of accessory buildings in the City; and WHEREAS, the City Council of the city of Sebastian, Florida, believes that it is in the best interests of the health, safety, and general welfare of the community to so amend the Code of Ordinances. NOW THEREFORE, BE iT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, THAT: Section 1. Section 20A-5.7 of the Code of Ordinances, City of Sebastian, is hereby amended to read as follows: Sec. 20A-5.7 Accessory buildings. A. Definition. "Accessory Building" shall be defined as any structure or portion thereof located on a lot in a residential district which is not designed primarily for use as living area. The homeowner shall have the burden of showing that a structure or portion thereof is designed primarily for use as living area. B. Presence of principal building required. No accessory building shall be constructed upon a lot until the construction of a principal building has been started and no accessory building shall be used unless the principal building has received a certificate of occupancy. De Location· General rule for location. No accessory building or structure shall be located in any required yard (setback). Furthermore, no detached accessory building or structure shall extend beyond the front building line of the principal structure that is located on the same real estate parcel or lot. Corner lots. Notwithstanding the provisions of paragraph 1, accessory buildings may be located to the front of the front setback line along the boundary of the secondary front yard and an improved corner lot, provided that said secondary front yard does not abut an interior lot. (Ord. No. 0-93-01, & 50, 2-24-93) General regulations of accessory buildings. No mobile home, travel trailer, truck trailer or any portion thereof, or motor vehicle shall be permitted as an accessory building. No accessory building shall be constructed or maintained without a building permit being issued by the city's building official expressly designating the type of accessory building (example: garage, shed, pump house). The building official shall not issue a building permit if the application for a building permit does not specify the type of accessory building which the applicant seeks to construct or to maintain. The building official shall not issue a building permit if the accessory building does not comply with any other provisions of the land development code or the Code of Ordinances of the City of Sebastian. No detached accessory building shall be constructed or maintained if the height thereof exceeds the height of the principal structure that is located on the same real estate parcel or lot. No detached accessory building shall be constructed or maintained if the square foot area thereof exceeds seventy-five (75) percent of the living and nonliving square foot area of the principal structure that is located on the same real estate parcel or lot. Any detached accessory building over 200 square feet in area and any attached or detached accessory building with a door opening higher than seven (7) feet in height or exterior walls higher than the structure containing the primary residence must be reviewed and approved by the Planning and Zoning Commission utilizing the following criteria: a). The exterior of the accessory portion of the structure including mass, facade and materials, shall be in harmony with the overall general character of the structure containing the primary residence. b). Exterior facade material shall be compatible in appearance and color with the facade of the principal building structure. No exterior siding shall be of metal or vinyl, unless the owner proves to the satisfaction of the Planning and Zoning Commission that the siding shall be of such quality and style that it will be compatible in appearance, color, and design with the principal building structure, and in harmony with other structures in the general area. c). The ridge line of the roof for the accessory building shall not be higher than the roof ridge line of the primary structure. d). No portion of an accessory building that has exterior walls higher than the structure containing the primary residence shall extend beyond the front building line of said primary residence. E. Exception - One dock on single-family residential parcel. Notwithstanding anything above, one boat dock may be built adjacent to a lot or parcel of land that is then zoned for single-family residential use provided a building permit for such dock is obtained from the City of Sebastian pursuant to the following conditions: The applicant shall submit to the planning and zoning commission an application for a permit along with a fee of fifty dollars ($50.00). The application shall contain a plan showing the exact location of the proposed dock, its height, elevation, length, width, and the material of construction. The application shall also contain a copy of all other permits that may be required for such dock from the State of Florida and the U.S. Government, if applicable. The application shall also contain an executed written contract between the city and all owners of the parcel, including mortgage holders, if any, that states that all owners and their successors in title shall take such action as is required by the City to ensure that no use is made of the dock until such time as the single-family residence is built on the lot and a certificate of occupancy has been issued for such residence. The application shall also show the zoning applicable to the lot, and shall show the size and dimensions of the lot, and all lot lines and easements. The planning and zoning commission shall be required to review the said application, and may impose reasonable additional qualifications on the permit depending on the facts of the case. If the requirements are met, however, the permit shal 1 not be unreasonably withheld. Prior to the issuance by the building official of any such dock permit, the aforesaid contract shall be recorded by the owners and a true copy of the recorded contract shall be delivered to the building official, along with a performance bond in the amount of the cost of the dock, or five thousand dollars ($5,000.00), whichever is greater, which bond shall insure that the dock shall be removed if the city's code enforcement board finds and determines that the lot owner(s) have allowed or suffered anyone to use said dock prior to the issuance of the certificate of occupancy for the residence on the lot. No dock built shall involve any dredging or filling other than is necessary to install pilings to support such dock. The dock shall be supported by pilings or shall be a fully floating dock with only the floats being positioned by the pilings. The dock shall not unreasonably impede the flow of water or be a hazard to navigation on the water adjacent thereto. The generally applicable provisions of the code enforcement board shall apply; however, if the code enforcement board finds a violation of the requirements to have been committed, the city may take all appropriate actions to enforce the said performance bond, which bond shall remain in full force and effect until such time as the required certificate of occupancy shall have been issued for the single family residence. (Ord. No. 0-87-14, § 1, 5-13~87; Ord. No. 0-90-15, §§ 1, 2, 12-12-90) Section 2. It is the intention of the city Council of the City of Sebastian, Florida, that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the City of Sebastian, Florida, and that the sections of this Ordinance may be renumbered, relettered, and the word "ordinance" may be changed to "Section", "Article", or such other word or phrase in order to accomplish such intention. Section 3. All other Ordinances or parts of Ordinances, Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. Section 4. If any clause, section, or other part or application of this Ordinance shall be held by any Court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part or application shall be considered as eliminated, in no way affecting the validity of the remaining portions or applications, which shall remain in full force and effect. Section 5. This Ordinance shall become effective thirty (30) days after its passage and adoption. PASSED BY THE CITY COUNCIL OF THE CIT~OF SEBASTIAN, FLORIDA, ON FIRST READING, THIS /~ DAY OF .. J~j , 1995. PASSED AND ADOPTED BY THE CITY COUNC/~L OF THIS CITY OF SEBASTIAN, FLORIDA,~ ON SECOND AND FINAL ~ADING, THIS ~ DAY OF , 995. The foregoing Ordinance Counc ilmember .c..~ was moved for adoption by . The motion was seconded by councilmember ~Z~L..~; into a vote, the vote was as follows: and, upon being put Mayor Arthur L. Firtion vice Mayor Carolyn Corum Councilmember Norma J. Damp Councilmember Ray Halloran Councilmember Louise R. Cartwright The Mayor thereupon declared this Ordinance duly passed and adopted this ~ day of ~.~ , 1995. CITY OF ~SF. BASTIAN, FLORIDA //7 Arthur L. Firtion, Mayor ATTEST: ~ ~- .~.~/~'~ 0 / ...~.&~..~-~ · Kathry~ M. OtHalloran, CMC/AAE (Seal) Approved as to Form and Content: Clifton A. McClellan,, Jr. City Attorney