HomeMy WebLinkAboutO-97-08ORDINANCE NO. O-9%8
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AMENDING THE LAND DEVELOPMENT
CODE REGARDING PROCEDURES REGARDING LIMITATIONS
AND RESTRICTIONS FOR WALLS AND FENCES 1N
COMMERCIAL AND INDUSTRIAL AREAS BY PROVIDING FOR
THE APPROVAL OF FENCES AND WALLS NOT EXCEEDING
EIGHT FEET IN HEIGHT BY THE COMMUNITY DEVELOPMENT
DIRECTOR AND PROVIDING FOR APPEALS; 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 limitations and restrictions for walls
and fences in commercial and industrial areas by providing for the approval of fences and walls
not exceeding in eight feet in height by the Community Development Director and providing
for appeals; 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-5.9.D of the Land Developmem Code, City of Sebastian,
Florida is hereby amended to read as follows:
D. Commercial and industrial limitations and restrictions.
1. All commercial and industrial zoned properties that are being utilized for
residential purposes shall comply with the requirement set forth in section
20A-5.9.C.
2. General rule. Fences and walls not exceeding eight (8) feet in height may
be permitted with the approval of the Community Development Director.
All fences and walls exceeding eight (8) feet in height must be approved by
the planning and zoning commission. The action of the Community
Development Director may be appealed to the Planning and Zoning
Commission. Such appeal shall be filed with the Community Development
Department within ten working days after the action of the Community
Development Director. The request for the appeal shall include
information concerning the disputed issues in the Community Development
Director' s actions.
Section 2. 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.
Section3. 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.
Section4. SEVERABILITY. If any clause, section, or other pan or
application of this Ordinance shall be held by any Court of competent jurisdiction to be
unconstitutional or invalid, such unconstitutional or invalid pan 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. 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, TI[IS DAY O~z~/~/ 024, 1997. PASSED AND ADOPTED BY
FINAL READING, THIS/~, DAY OF /~,e~c~.atz~-/ ,
The foregoing Ordinance was moved for
~--,~.,~_~ The motion was
Mayor Louise R. Cartwright
Vice Mayor Walter W. Barnes
Councilmember Norma J. Damp
1997.
adoption
seconded
by Councilmember
by Councilmember
and, upon being put to a vote, the vote was as follows:
Councilmember Raymond Halloran
Councilmember Richard J. Taracka
The Mayor thereupon declared this Ordinance duly passed and adopted this/~, day of
~~~ ,1997.
CITY OF SEBASTIAN, FLORIDA
Louise R. Cartwfight, Mayor
ATTEST:
Kathrvn M O'Halloran, CMC/AAE
'~-AporoveqLas-k~rT~c~Zm and Content:
Valerie Settles
City Attorney
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