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Adopted: August 28, 1985

Effective: September 9, 1985

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Published in 1994 by Order of the City Council
Republished in 2001 by Order of the City Council

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OFFICIALS

of the

CITY OF

SEBASTIAN, FLORIDA

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Walter Barnes

Mayor

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Ben A. Bishop

Vice-Mayor

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Joe Barczyk

James Hill

Edward J. Majcher, Jr.

City Council

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Rich Stringer

City Attorney

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Sally A. Maio

City Clerk

PREFACE

This volume constitutes the revised Land Development Code for the City of Sebastian Florida, adopted by Ordinance No. O-00-15 on June 14, 2000, Exhibit A.

Section Numbering System

The section numbering system used in this publication of the Sebastian Land Development Code is the same as that employed in Exhibit A adopted by Ordinance No. O-00-15. Inasmuch as the Land Development Code is referenced in the Sebastian Code of Ordinances as chapter 54, the first part of the section number is 54 followed by a dash and a number representing a chapter number within the Land Development Code; the number following the second dash represents the article number in the Land Development Code followed by a point and a number indicating the sequence of the particular section within the article; hence, section 3 of article VIII in chapter II of the Land Development Code (referenced as chapter 54) appears as Sec. 54-2-8.3.

Page Numbering System

The page numbering system used in this Code is a prefix system. The letters to the left of the colon are an abbreviation which represents a certain portion of the volume followed by a number which represents the Arabic equivalent of the article designation. The number to the right of the colon represents the sequence of the page within that article; thus, page 3 of article VIII of the Land Development Code would appear as LDC8:3. The following abbreviations are used in this volume:

Indexes

The indexes have been prepared with the greatest of care. Each particular item has been placed under several headings, some of which are couched in lay phraseology, others in legal terminology, and still others in language generally used by local government officials and employees. There are numerous cross references within the indexes themselves which stand as guideposts to direct the user to the particular item in which the user is interested.

Looseleaf Supplements

A special feature of this publication is the looseleaf system of binding and supplemental servicing of the publication. With this system, the publication will be kept up-to-date. Subsequent amendatory legislation will be properly edited, and the appropriate page or pages affected will be reprinted. These new pages will be distributed to holders of copies of the publication, with instructions for the manner of inserting the new pages and deleting the obsolete pages.

Keeping this publication up-to-date at all times will depend largely upon the holder of the publication. As revised sheets are received, it will then become the responsibility of the holder to have the amendments inserted according to the attached instructions. It is strongly recommended by the publisher that all such amendments be inserted immediately upon receipt to avoid misplacing them and, in addition, that all deleted pages be saved and filed for historical reference purposes.

Acknowledgments

This republication was under the direct supervision of Wilma W. Reed, Supplement Editor, of the Municipal Code Corporation, Tallahassee, Florida. Credit is gratefully given to the other members of the publisher's staff for their sincere interest and able assistance throughout the project.

The publisher is most grateful to Richard Stringer, City Attorney, and Sally A. Maio, City Clerk, for their cooperation and assistance during the progress of the work on this publication. It is hoped that their efforts and those of the publisher have resulted in a publication of the City's Land Development Code which will make the active law of the city readily accessible to all citizens and which will be a valuable tool in the day-to-day administration of the city's affairs.

ADOPTING ORDINANCE

ORDINANCE NO. O-00-15

AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, REWRITING CITY CODE CHAPTER 20A, THE LAND DEVELOPMENT CODE; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.

WHEREAS, pursuant to Florida Statutes every municipality is required to adopt land development regulations consistent with and in implementation of comprehensive Growth Management Plan Updates [e]very five years; and

WHEREAS, the City of Sebastian adopted such updates to its Comprehensive Plan in January 1999; and

WHEREAS, the City Council has determined that the required adoption of such land development regulations is an opportune time to revise the Land Development Code; and

WHEREAS, the City Council upon due public hearing has considered the proposed revised Land Development Code and found it 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 Chapter 20A, The Land Development Code, referenced as Chapter 54 of the Code of Ordinances of the City of Sebastian, is hereby supplanted, amended, and revised as to read as set forth in Exhibit "A" attached hereto.

Section 2. CONFLICT. All ordinances of 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 or unconstitutional, the remainder of the Ordinance shall not be affected and it shall be presumed that the City Council did not intend to enact such invalid of 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. 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, however, all active applications for matters regulated under the previous Land Development Code pending as May 24, 2000, shall be processed to completion in accordance with the pre-existing land development regulation provisions.

The foregoing Ordinance was moved for adoption by Councilmember Hill. The motion was seconded by Councilmember Majcher and, upon being put to a vote, the vote was as follows:

The Mayor thereupon declared this Ordinance duly passed and adopted this 14th day of June, 2000.

CITY OF SEBASTIAN, FLORIDA

ATTEST:

Approved as to form and legality for
reliance by the City of Sebastian only: