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HomeMy WebLinkAboutO-97-50ORDINANCE NO. 0,97-50 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 20A-13.13. OF THE LAND DEVELOPMENT CODE REGARDING VISIBILITY TRIANGLES; 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 visibility triangles; and WHEREAS, the City Council of the City of Sebastian, Florida, believes that it is in the best interests off 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-13.13. off the Land Development Code, City of Sebastian, Florida is hereby amended to read as ffollows: Sec. 20A-13.13. Required sight distances for landscaping adjacent to public rights-of-way and points of access. When an accessway intersects a public right-off-way or when the subject property abuts the intersection of two (2) or more public rights-off-way, all landscaping within the triangular area described in subsection 20A-5.12 shall allow unobstructed cross-visibility at a level between two (2) fleet above the elevation off the highest abutting street measured at the center line and six (6) fleet above thc said elevation. However, trees or palms shall be permitted provided the same are trimmed so as to allow visibility at the levels indicated above, and provided they are located so as not to create a traffic hazard. 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 All other Ordinances or parts of Ordinances, Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict.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. SEVERABIL1TY. 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 immediately. PASSED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, ON FIRST READING, THIS DAY OF ~j/~_.,z/ ffff', 1997. PASSED AND ADOPTED BY l,r/ THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, ON SECOND AND FINAL READING, THIS. v7, 5 DAY OF ~/5)'~.o/~g ~. ,1997. The foregoing Ordinance was moved for adoption by Councilmember ~/~c;.c/z.~:~/?~:.,.. The motion was seconded by Councilmember /~;z~V and, upon being put to a vote, the vote was as follows: Mayor Walter W. Barnes Vice Mayor Richard J. Taracka Councilmember Louise R. Cartwright Councilmember Larry Paul Councilmember Ruth Sullivan The Mayor thereupon declared this Ordinance duly passed and adopted this~day of 4/~ ~- 1997. CITY OF SEBASTIAN, FLORIDA Walter W. Barnes, Mayor 7¸' ATTEST: Kathry~l~: (Ylialloran, CMC/AAE (Seal) Approved as-'~oz~ and Content: Valerie settles City Attomey