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HomeMy WebLinkAboutO-22-03 Sebastian River Area Public Mural ProgramORDINANCE NO.0-22-03 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING LAND DEVELOPMENT CODE SECTION 54-5-22.2 PROVIDING A DEFINITIONS OF TERMS REGARDING MURALS; AMENDING SECTION 54- 3-16.3 PROVIDING FOR EXEMPTIONS PERTAINING TO MURALS; PROVIDING FOR SEVERABILITY AND REPEAL OF LAWS IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council supports the Community Arts and Cultural initiative within the Community Redevelopment Area (CRA) to create the Sebastian River Area Public Mural Program (SRAPMP) by the Sebastian River Area Chamber; and WHEREAS, the City Council finds it is in the public interest to modify and update certain provisions of the code relating to Murals; and WHEREAS, the Local Planning Agency held a public hearing on February 17, 2022, and made a recommendation to City Council to approve Ordinance 0-22-03. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. That the Land Development Code, City of Sebastian, Florida, is hereby amended as follows: Amendment 1: ARTICLE XXH. LANGUAGE AND DEFINITIONS See. 54-5-22.2. Definition of terms. Terms not otherwise defined herein shall be interpreted first by reference to the comprehensive plan and this code; secondly, by reference to generally accepted engineering, planning, or other professional terminology if technical; and otherwise according to common usage, unless the context clearly indicates otherwise. For the purpose of enforcing and administering this code, the following words shall have the definition and meanings herein ascribed: Mobile home. A structure transportable in one or more sections, which in the traveling mode, is eight body feet or more in width or 40 body feet or more in length, or when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without permanent foundation when connected to the required utilities, and including the plumbing, heating, air conditioning and electrical systems contained therein. Calculations to determine the uumber of square footage in a structure will be based upon HUD standards, and such structures are subject to the regulations set forth therein. For the purposes of this code, a mobile home shall not be considered a single-family dwelling unit. Mural. Artwork aoolied to the wall of a building that covers all or substantially all of the wall and depicts a scene or event of natural. social. cultural. or histotic significance. Nameplate. A sign stating only the name of the occupant and his or her occupation or specialty. RYYYWWiitiYiR Sebastian Rimer Area Public Mural Program (SRAPMP). A Community Arts and Cultural initiative administered by the Sebastian River Area Chamber of Commerce within the Communitv Redevelopment Area (CRA) establishing guidelines. program parameters, applications, mural cateeories. nrocesses and the Sebastian River Area Public Mural Program Committee. Amendment 2: ARTICLE XVI. SIGNAGE AND ADVERTISING Sec. 54-3-163. Exempt signs. Signs exempt from permitting. The following types of signs do not require a permit provided the sign shall not violate section 54-3-16.4, Prohibited signs. With the exception of public signs, the following signs shall comply with all applicable requirements in the zoning district where installed; comply with other provisions in this subsection; and be consistent with the spirit, intent and purpose of this article: (1) Address sign. Address signs not exceeding four square feet shall be permitted. (2) Instructional signs. (3) Home nameplate. Nameplate signs not exceeding two square feet shall be permitted for single-family homes and duplexes. (4) Public signs. (5) Flags. When used for symbolic, noncommercial purposes. (6) Real estate signs. Only one sign, shall be permitted, per street frontage, on each parcel of land located in any district provided that such signs do not exceed an area of six square feet in a residential district and 16 feet in a commercial, industrial or institutional district. Said signs may include "Open House,' "Open For Inspection," "Open' and other similar signs. Such signs shall be removed within 30 days after the closing of the sale. (7) Off -premises open house signs. Each residence that is open for inspection for sale or lease may have the seller or the agent install off -premises open house signs to direct persons to the open house, subject to the following: a. The sign shall not exceed four square feel in sign area, shall be located at least five feet from the adjacent road, and shall not exceed a height of three feet above the crown of the road. b. The message shall be limited to "Open House," "Open For Inspection," or substantially similar phrase, and the name of the owner of the sign. C. Each sign shall be made of metal, plastic, wood, or other weather resistant material. Paper or cardboard signs are prohibited. d. Each sign shall not be installed off -premise before 9:00 a.m. and shall be removed each day not later than 8:00 p.m. Any such sign in violation of these restrictions may be summarily removed by the city without notice. (8) Election season signs. Subject to the provisions of subsection 54-3-16.5(e)(3). (9) Construction signs. Construction signs shall be permitted only while construction is actually in progress and shall be removed within 15 days following the issuance of a certificate of occupancy, completion or abandonment of work, whichever occurs first. No such sign, however, shall be erected prim to the issuance of a building permit. Such signs shall not exceed an area of 16 square feet. Each sign shall be at least_ 20 feet from contiguous property lines of adjacent land owners and at least five feet from any right-of-way. (10) Window signs. For each facade, such signs, collectively, may not cover more than 50% of the total surface area of the transparent portion of all window(s) and door(s). Signs attached permanently to the interior of a building window or glass door shall be required to obtain a permit and the area of said sign shall be counted against the allowable signage permitted. (11) Holiday signs. Displays, including lighting, erected in connection with the observance of holidays. Such signs shall not be installed more than 60 days before the holiday and shall be removed within 30 days following the holidays. (12) Vehicularsigns. (13) Future tenant identification sign. Such signs shall be permitted only while the development permit approval is in progress for a commercial or industrial activity and shall be removed within 15 days following the issuance of a certificate of occupancy, completion or abandonment of work, whichever occurs first. Such signs shall not exceed an area of 32 square feet. Each sign shall be at least 20 feet from contiguous property lines of adjacent land owners, at least five feet from any right -of --way, and shall be located on the site where the use will occur. (14) Garage sale signs. Only one sign, not exceeding four square feet located on the property of the residence where the garage sale is being conducted is permitted. Such a garage sale shall have received a permit from the city as required by section 52-51, Code of Ordinances. Said sign shall not be erected before the beginning of the garage sale and shall be removed each day at the close of the garage sale or by the end of daylight, whichever occurs first. Said sign shall not be located in the right-of-way. (I51 Murals. Allowable in the Riverfront and Trianele Overlav Zonine Districts: cotmmercial nrooeny only. One mural ner buildine and shall not exceed 100 percent of the size of one wall. A marl shall he prohibited from facine a residential zoned district. Text or letterine shall not exceed ten percent (10%) of the area of the muml. Murals determined to be advertisine shall be considered a sien and shall be included in the calculations of allowable som area in accordance with Article XVI. Mural implications will be anoroved with the euidelines set forth by the Sebastian River Area Public Mural Program (SRAPMP). Murals are subiect to approval by the Citv and the Sebastian River Area Public Mural Promm Committee. Murals under this moemm are exempt from Sec. 544-21.A.6 Colors. Murals that utilize more than one wall shall adhere to size oarmnelers and be continuous in anoroved cateeory as established by this Droarm as follows: a. Beach/Indian River Lacoon/Lakes/Rivers b. Birds in Florida c. Fishine/Fishine Villaee d. Bismry & Treasure Coast e. Interactive f. Native Flom (Dlants) & Fauna (animals) Section 2. Severabflity. 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. Repeal of Laws in Conflict. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict. Section 4. Codification. The sections of the ordinance shall be codified within part of the City Land Development Code and may be renumbered or re -lettered to accomplish such, and the word "ordinance" may be changed to "section," "division," or any other appropriate word. Section 5. Scrivener's Errors. Sections of this ordinance may be renumbered or re -lettered and corrections of typographical errors which do not affect the intent may be authorized by the City Manager, or the City Manager's designee, without need of public hearing, by filing a corrected or re - codified copy of same with the City Clerk. Section 6. Effective Date. This Ordinance shall become effective immediately upon its adoption by the City Council. The foregoing Ordinance was moved for adoption by Councilmember tarn . The motion was seconded by Councilmember Jones was as follows: Mayor Jim Hill Vice -Mayor Fred Jones Councilmember Ed Dodd Councilmember Bob McPartlan Councilmember Christopher Nunn aye aye aye ave aye and, upon being put to a vote, the vote The Mayor thereupon declared this Ordinance duly passed and adopted this 13th day of April .2022. CITY OF SEBASTI , FLORIDA By: JIMHILMAYOR _ __ ATTEST: JEANETTE WILLIAMS, MMC CITY CLERK Approved as to form and legality reliance by ttVCit& Sebof & only!