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HomeMy WebLinkAboutO-07-15ORDINANCE NO.O-07-15 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CODE OF ORDINANCES SECTION 54-5-22.2 DEFINITION OF TERMS TO DELETE THE DEFINITION OF "BUILDING HEIGHT"; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. WHEREAS, there is a conflict of terms within the Land Development Code on the method for measuring building height; and WHEREAS, the City Council has determined that the terms of Section 54-2-5.10(a)(2) provide the preferred methodology and is the more logical location within the Code for this provision; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. That Section 54-5-22.2 of the Code of Ordinances, City of Sebastian, Florida, is hereby amended to delete the definition of "Building height" as follows: Sec. 54-5-22.2 Definition of Terms Section 2. 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 provision. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without said invalid provision, thereby causing said remainder to remain in full force and effect. Section 3. are hereby repealed. Section 4. by the City Council. CONFLICT. All ordinances or parts of ordinances in conflict herewith EFFECTIVE DATE. This Ordinance shall take effect upon its adoption The foregoing Ordinance was moved for adoption by Councilmember simchick .The motion was seconded by Councilmember Paternoster and, upon being put to a vote, the vote was as follows: Mayor Andrea Coy aye Vice-mayor Sal Neglia aye Councilmember Al Paternoster aye Councilmember Dale Simchick aye Councilmember Eugene Wolff aye The Mayor thereupon declared this Ordinance duly passed and adopted this 12~' day of December, 2007. ATTEST: ~°'~ ~ ~ ~ )~1~ ~._.~ ~ ~ Sally A. M~alio, MMC City Cley CITY OF SEBASTIAN, FLORIDA By: Mayor Andrea Coy Approved as to form and legality for reli y the City of Sebastian only: ,, , •c l Ric1i Stringer, C~ttorney