HomeMy WebLinkAboutO-07-05. .
ORDINANCE NO. 0-07-OS
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING LAND
DEVELOPMENT CODE TO CREATE SECTION 54-3-11.10 ST. SEBASTIAN
RIVER UPLAND BUFFER; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council finds it is in the public interest to provide an upland buffer
along the St. Sebastian River;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows:
Section 1. That the Code of Ordinances, City of Sebastian, Florida, is hereby
amended to create a new section numbered 54-3-11.10 read as follows:
Sec. 54-3-11.10. St. Sebastian River Upland Buffer.
(1) For parcels created after March 1, 2007 along the St. Sebastian River, a one
hundred-foot shoreline protection buffer is hereby established measured from the
mean high water mark of the river or fifty (50) feet from the landward boundary of
jurisdictional wetlands along the river or any tributary, whichever is greater. For
parcels of record which existed in the city prior to March 1, 2007, or annexed after
said date and having existed prior to June 18, 1991, afifty-foot shoreline protection
buffer for unplatted parcels, and atwenty-five-foot buffer for existing platted lots is
hereby established on land parcels bordering the St. Sebastian River, measured from
the mean high water line. In no case, however, with reference to pre-existing parcels
or lots of record as described above, shall the buffer(s) exceed twenty (20) percent of
the parcel or lot depth perpendicular to the applicable waterway.
(2) Within the shoreline protection buffer, no development shall be permitted with
the exception of docks, boat ramps, pervious walkways and elevated walkways
which provide the property owner with reasonable access to the waterway. No more
than twenty (20) percent or twenty-five (25) feet, whichever is greater, of any
shoreline may be altered for reasonable access. Native vegetation in the remainder of
the shoreline protection buffer shall remain unaltered, except as may be allowed for
trimming under city tree protection regulations.
(3) Shoreline alteration shall be prohibited, unless it is in the public interest or
prevents or repairs erosion damage, or provides reasonable access to the water, does
not adversely impact water quality, natural habitat or adjacent shoreline uses, and is
permitted by all applicable jurisdictional regulatory agencies. Any native vegetation
removed in such instances shall be relocated or replaced on-site with comparable
vegetation and amount.
Section 2. CONFLICT. All ordinances or parts of ordinances in conflict herewith
are hereby repealed.
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Section 3. SEVERABILITY. In the event a court of competent jurisdiction shall
hold or determine that any part 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 immediately upon
its adoption by the City Council.
The foregoing Ordinance was moved for adoption by Councilmember
Paternoster .The motion was seconded by Councilmember Neglia and
upon being put to a vote, the vote was as follows:
Mayor Brian Burkeen
Councilmember Andrea Coy
Councilmember Sal Neglia
Councilmember Al Paternoster
Councilmanber Dale Simchick
aye
aye
aye
aye
aye
The Mayor thereupon declared this Ordinance duly passed and adopted this 14th day of
March ~~', 2007.
CITY OF SEBASTIAN, FLORIDA
By:
ayor Brian Burkeen
ATTEST:
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Sally A. Ma' , MMC
City Clem
Approved as to form and legality for
reliance by the City of Sebastian only:
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Ric Stringer, C ttorney