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Home My WebLink AboutO-99-10ORDINANCE NO. 0-99-10 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE OF THE CITY OF SEBASTIAN, SECTION 20A-5.7, ACCESSORY BUILDINGS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to the provisions of the Land Development Code the Planning and Zoning Commission initiated the amendment procedure to make changes in the regulation of accessory buildings as found in section 20A-5.7; and WHEREAS, a public hearing was held before the Planning and Zoning Commission on July 15,1999, and that body recommends approval of the Land Development Code amendments herein; and WHEREAS, the City Council upon due public hearing has considered the same and found said amendments to be in the best interest of the citizens of Sebastian; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows; Section 1. That section 20A-5.7 of the Land Development Code, City of Sebastian, Florida is hereby amended to read as follows: Section 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. "Detached 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 and does not share a common wall with the principal building. 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. C. Location: '1. General rule of location. No accessory building or structure shall be located in any required yard (setback), except as provided for in section 20A-5.5.D. Furthermore, no detached accessory building or structure shall extend beyond the fi-ont building line of the principal structure that is located on the same real estate parcel or lot. (Ord. No. 0-97-7, § 1, 2-12-97) 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 on an improved comer lot, provided that said secondary front yard does not abut an interior lot. D. General regulations of accessory buildings': 1. No mobile home, travel trailer, truck trailer or any portion thereof, or motor vehicle shall be permitted as an accessory building. 2. 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 the accessory building (example: garage, shed, pump house). 2 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, Comprehensive Plan and the Code of Ordinances of the City of Sebastian. (Ord. No. 0-97-49, § 1, 6-25-97) 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. A residential lot will be allowed five (5) square feet of accessory building area (cumulative), for every 100 square feet of lot area. Attached garages, which are part of the original principal building design, will not be included in the cumulative total of accessory building area. Accessory structures which consist solely of screening and beams and supports for the screening material (such as screen enclosures for swimming pool areas) will not be included in the cumulative total of accessory building area. Any detached accessory building over two hundred (200) square feet in area, any attached or detached carport and/or breezeway over two hundred (200) square feet in area, and any attached or detached accessory building with 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: The exterior of the accessory portion of the structure, including mass, fafade, and materials, shall be in harmony with the overall general character of the structure containing the primary residence. Exterior faCade material must be compatible in appearance, color and design with the faq:ade of the principal building structure. The ridge line of the roof for the accessory building shall not be higher than the roof ridge line of the primary structure. The roof of the accessory building must have a pitch similar to that of the primary structure. 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. 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 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 shall not be unreasonable 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. 5. 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 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. 4 Section 2. CONFLICT. All ordinances or pa~s of ordinances in conflict herewith are hereby repealed. Section 3. SEVERABILITY In the event a court of competent jurisdiction shall hold or determine that any pa~ of this Ordinance is invalid or unconstitutional, the remainder of the Ordinance shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid or unconstitutional provision. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without said invalid or unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section 4. EFFECTIVE DATE. This Ordinance shall take effect following its adoption by the City Council. The foregoing Ordinance was moved for adoption by Councilmember //~~~/ The motion was seconded by Councilmember ~ ~l and, - /? , . upon being put to a vote, the vote was as follows: day of Mayor Martha S. Wininger Vice-Mayor Chuck Neuberger Councilmember Joe Barczyk Councilmember Ben A. Bishop Councilmember Edward J. Majcher, Jr. The Mayor thereupon declared this Ordinance duly passed and adopted this ,1999. .ATTEST: . City Cl~rk .- CITY OF SEBASTIAN, FLORIDA Approved as to form and legality for reliance by the City of Sebastian only: