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Home My WebLink AboutO-97-06ORDINANCE NO. 0-97-6 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE REGARDING PROCEDURES REGARDING HEIGHT EXCEPTIONS, REGULATIONS FOR REQUIRED YARDS, EXCAVATION AND MINING - WATER MANAGEMENT STANDARDS, EXCAVATION AND MINING - DURATION AND COMPLETION OF PERMITS, EXCAVATION AND MINING - INSPECTION AND REVOCATION OF PERMITS SUBSTITUTING COMMUNITY DEVELOPMENT DIRECTOR FOR BUILDING OFFICIAL AND DIRECTOR OF PUBLIC WORKS; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Sebastian, Florida, desires to amend the Land Development Code relating to procedures regarding height exceptions, regulations for required yards, excavation and mining - water management standards, excavation and mining - duration and completion of permits, excavation and mining - inspection and revocation of permits; 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 do so, NOW THEREFORE, BE iT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, THAT: Section 1. Section 20A-5.1. of the Land Development Code, City of Sebastian, Florida is hereby amended to read as follows: Sec. 20A-5.1. Height exceptions. Chimneys and radio and television antennas may exceed height limitations upon the prior approval of the Community Development Director and the city engineer based on the compliance with all other applicable technical codes ..... Section 2. Section 20A-5.5.A. of the Land Development Code, City of Sebastian, Florida is hereby amended to read as follows: A. Purpose, use and maintenance of yards. The purpose of yards required in this chapter is to provide open space around and between structures for health, safety and aesthetic purposes. used for parking, driveways, All required yards and landscaped areas where not sidewalks or other approved structures shall be planted and maintained in lawn, sod or landscaping including flower beds, shrubs, hedges or other generally accepted landscaping material approved by the Community Development Director. Landscaping material, including trees, shall not obstruct the vision of the motoring public. The landscape requirements of Article XIII shall further regulate development within all zoning districts, excepting single-family zoned districts. Section 3, Section 20A-5.17A. of the Land Development Code, City of Sebastian, Florida is hereby amended to read as follows: A. No land fill or excavation which redirects or increases offsite natural drainage or runoff of water from a site shall be undertaken without the prior written approval of the city engineer and the Community Development Director. Section 4. Section 20A-5.29~ of the Land Development Code, City of Sebastian, Florida is hereby amended to read as follows: Sec. 20A-5.29. Excavation and mining - Water management standards. (c) The established littoral zone shall consist of native vegetation, and shall be maintained permanently as part of the water body. All landscaping, littoral zone vegetation plans and lake management plans shall comply with the St. Johns River Water Management District rules and shall be subject to approval by the city Community Development Director. (g) The water management system, including swales, interconnected wetlands, and lakes, must be specifically designed to inhibit siltation and the eutrophication processes. To ensure this, the applicant must submit an environmental management and lake monitoring plan, which meets with the approval of the city Community Development Director, specifying the method for monitoring the system and corrective action should eutrophication and/or siltation occur. Section 5. Section 20A-5.36. of the Land Development Code, City of Sebastian, Florida is hereby amended to read as follows: Sec. 20A-5.36. Same - Duration and completion of permits. (b) For all permitted projects, a record drawing by a surveyor or engineer registered in the State of Florida shall be provided to the Community Development Department at the completion of the permitted project. The record drawing shall contain sufficient information to indicate that all of the requirements of this code have been met, and shall include cross-sections of the excavation and a plan drawing which locates the extent of the excavation with dimensions to all property lines. Section 6. Section 20A-5.37. of the Land Development Code, City of Sebastian, Florida is hereby amended to read as follows: Sec. 20A-5.37. Same - Inspection and revocation of permits. (a) (b) The city shall not be denied the right to enter the project site for inspection at any time during the permit period. Upon the finding of noncompliance with any provision of this Land Development Code, the Community Development Director shall notify the permit holder in writing of the noncompliance. Unless an immediate safety hazard exists, the permittee shall be given five (5) working days to correct the violation, after which time the permit shall be suspended if the violation is not corrected. (c) In cases where a violation of a section of this Land Development Code poses an immediate threat to life and property, as determined by the Community Development Director, the permit shall be suspended and the permittee shall be immediately notified of the suspension and of his duty to begin immediate mitigation and correction of the hazard. If such mitigation and correction does not progress to the satisfaction of the Community Development Director, the city shall have the right to make all necessary corrections at the applicant's expense. Section 7. CODIFICATION. 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 Land Development Code 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. Section8. CONFLICT. All other Ordinances or parts of Ordinances, Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. Section9. SEVERABILITY, 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 10. EFFECTIVE DATE. This Ordinance shall become effective on July 1, 1997. PASSED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, ON FIRST READING, THIS DAY OF ~//z/~c/ ~g/~ , 1997. PASSED AND ADOPTED BY o¢s THE CITY COUNCIL OF THE CITY EBASTIAN, FLORIDA, ON SECOND AND FINAL READING, THIS/~ DAY OF ./~_~,~Z~/~/, 1997. The foregoing Ordinance was moved for adoption Mayor Louise R. Cartwright Vice Mayor Walter W. Barnes Councilmember Norma J. Damp Councilmember Raymond Halloran Councilmember Richard J. Taracka by Councilmember The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: The Mayor thereupon declared this Ordinance duly passed and adopted this/c~day of Louise R. Cartwfight, Mayor ATTEST: Kathryn M. O'Halloran, CMC/AAE Approveda~s to Form and Contem: Valerie Settles City Attorney