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HomeMy WebLinkAboutO-97-10ORDINANCE NO. O-97-10 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE REGARDING PROCEDURES REGARDING MOVING STRUCTURES BY SUBSTITUTING COMMUNITY DEVELOPMENT DIRECTOR FOR CITY CLERK, BUILDING OFFICIAL AND CITY ENGINEER, SUBSTITUTING LAND DEVELOPMENT CODE FOR ZONING CODE, AND AMENDING PROCEDURES; 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 moving structures by substituting Community Development Director for City Clerk, Building Official, and City Engineer; substituting Land Development Code for Zoning Code; and amending procedures; 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-5.14. of the Land Development Code, City of Sebastian, Florida is hereby amended to read as follows: Sec 20A-5.14. Moving of structures. No structure larger than five hundred (500) square feet, excluding structures registered as a vehicle by the State of Florida, shall be moved into the city or from one place to another within the city unless such building or structure is made to conform to all of the requirements of the city's adopted building code in effect in this city at the time of the moving and the requirements of the zoning in which the building or structure is to be place. The Community Development Director is authorized to require any person applying for a permit to move a building or structure to show proof of a property damage insurance policy in the amount of five hundred thousand dollars ($500,000.00) as well as a liability insurance policy in the amount of one million dollars ($1,000,000.00) and may be required to post a bond or other security acceptable to the city in an amount up to but not exceeding ten thousand dollars ($10,000.00) to be deposited with the city clerk, payable to the order of the City of Sebastian. The purpose of the bond or other security is to guarantee compliance in full within one year with the applicable requirement of the city's adopted building code and of this Land Development Code and to restore any public or private property damaged while the building or structure is being moved. Failure to fully comply within one year as above stated will result in forfeiture of the bond to the City of Sebastian, Florida. All applicants for a permit to move an existing structure, as above stated, are required to furnish the community development director with a proposed route for moving the building through the city as well as five (5) sets of drawings, said drawings to be prepared and sealed by an architect or engineer registered in the State of Florida certifying that the structure meets all requirements as above outlined, or five (5) sets of drawings to be prepared and sealed by an architect or engineer registered in the State of Florida showing the proposed changes to the building or structure after it has been moved, that will bring it within all applicable requirements of the city's adopted building code as well as the city zoning ordinance. If drawings of the structure or building to be moved showing compliance as above stated are on record with the city already, the above requirement for drawings of the structure is waived. The Community Development Director shall distribute the application and supporting information to the appropriate staff for review and comment. The staff shall include outside agencies. Upon approval of the city engineer, building official and police chief, the Community Development Director shall issue a permit. 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. Section 4. 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 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, THIS DAY OF ~::.,z,,z~¢/~, 1997. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA. ON SECOND AND FINAL READING, THIS/~ DAY OF The foregoing Ordinance was ~.o~ d_ ,J The /~z~/, 1997. moved for adoption motion was seconded by Councilmember by Councilmember and, upon being put to a vote, the vote was as follows: Mayor Louise R. Cartwright Vice Mayor Walter W. Barnes Councilmember Norma J. Damp Councilmember Raymond Halloran Councilmember Richard J. Taracka The Mayor thereupon declared this Ordinance duly passed and adopted this/~:lay of /~d/~.t , 1997. CITY OF SEBASTIAN, FLORIDA Louise R. Cartwright, Mayor ATTEST: Kathrwo. M. O'Halloran, CMC/AAE (s a~_: ~ Approved'aS to Form and Content: Valerie Settles City Attorney