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are hereby repealed.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:
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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:
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Ric1i Stringer, C~ttorney