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HomeMy WebLinkAboutO-02-19ORDINANCE NO. 0-02-19 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE, CITY CODE SECTION 54-2-7.5 ,4CCESSORY STRUCTURES; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, since the last modification to the regulations regarding accessory structures, the Planning Commission has recognized further issues that need clarification in order to ensure the harmonious development of the neighborhoods of Sebastian and recommends the following amendment; 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 54-2-7.5 of the Land Development Code, City of Sebastian, Florida, .4CCESSORYSTRUCTURES, is hereby amended to read as follows: SECTION 54-2-7.5: ACCESSORY STRUCTURES PRESENCE OF PRINCIPAL BUILDING REQUIRED. No accessory structure shall be constructed or placed upon a lot until the construction of a principal structure has been started and no accessory structure shall be used unless the principal structure has received a certificate of occupancy. B. LOCATION: GENERAL RULE OF LOCATION. No accessory structure shall be located in any required yard (setback), other than as outlined below. Furthermore, no detached accessory structure shall extend beyond the front building line of the principal structure that is located on the same real estate parcel or lot. Special Regulations Governing Rear Yards. Detached structures, such as utility sheds and other structures accessory to a primary dwelling within a residential zoning district may encroach into a required rear yard, provided that any such structure maintain a minimum distance of ten (10) feet from the rear property line and not be located within a dedicated easement. With the exception of structures that consist solely of screening and beams and supports for the screening material, no such structure shall exceed four-hundred (400) square feet in lot coverage and shall not exceed twelve (12) feet in height. Structures that consist solely of screening and beams and supports for the screening material, such as screen enclosures for swimming pool areas, shall not exceed twenty-five (25) feet in height. CORNER LOTS. Accessory structures may not be located in the secondary front yard of an improved comer lot unless the comer lot is joined in unity of title within an interior lot that contains the principle structure. However, said accessory structures shall not be located closer than 25 feet from the secondary front property line in the RS-10 zoning district, and in all other zoning districts shall meet required front yard setbacks. GENERAL REGULATIONS OF ACCESSORY BUILDINGS: No mobile home, travel trailer, tent or similar structure, truck trailer or any portion thereof, or motor vehicle shall be permitted as an accessory structure. No accessory structure shall be constructed or maintained without a building permit being issued by the City's building official expressly designating the type of the accessory structure (example: garage, shed, pump house). The building official shall not issue a build'mg permit if the accessory structure does not comply with all other provisions of the Land Development Code, Comprehensive Plan or the Code of Ordinances of the City of Sebastian. No accessory structure 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. Attached or detached Quonset-type or style accessory structures, usually defined as any self-supporting structure, typically in an "arch" or curved shape with no interior posts, trusses or support beams of any kind and with the exterior sheeting forming the building, are prohibited. A residential lot will be allowed five (5) square feet of accessory building area (cumulative), for every one hundred (100) square feet of lot area, not to exceed one thousand (1,000) square feet total. Attached garages, which are part of the original principal building design, will not be included in the cumulative total of accessory buikFmg 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 attached or detached accessory building over five hundred (500) square feet in area, any attached or detached carport and/or breezeway over five hundred (500) square feet in area, must be reviewed and approved by the planning and zoning commission utilizing the following criteria: a. Accessory structures may not be constructed or maintained from corrugated metal or corrugated metal-looking products. b. The roof of the accessory building must have a minimum pitch of 3:12. c. Accessory structures 501 sq. ft. to 750 sq. ft. in size shall be compatible with the overall general architectural design of the primary residence, including facade and materials, colors and trim, roofing materials and pitch. d. Accessory structures 751 sq. ft. to 1,000 sq. ft. in size shall be of the same architectural design of the primary residence, including facade and materials, colors and trim, and roofing materials and pitch. Foundation plantings shall be required on all sides of the accessory structure excluding entranceways and doorways. Said requirements are as follows: One shrub for every three (3) lineal feet, 24 inches in height at planting. Section 2, CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 3. SEVERABILITY. In the event a court of competent jurisdiction shall determine that any part of this Ordinance is invalid, 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 provisions. 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 become effective immediately. The foregoing Ordinance was moved for adoption by Councilmember Barczyk The motion was seconded by Councilmember Coni$1io and, upon being put to a vote, the vote was as follows: Mayor Walter Barnes aye Vice-Mayor James Hill aye Councilmember Joe Barczyk aye Councilmember Edward J. Majcher, Jr. aye Councilmember Ray Coniglio ay e The Mayor thereupon declared this Ordinance duly passed and adopted this 11th day of December, 2002. CITY OF SEBASTIAN, FLORIDA ATTEST: By: IX ! r~'l~ ~ ~3Dn,,~-~O M'a~)or W'a~ltel: B~nes City Clerk Approved as to form and legality for reliance by the City of Sebastian only: ~nger, City ~ tto~ey