HomeMy WebLinkAbout04091997 City of Sebastian
I 1~25 I~IAIN STREET g SEBASTIAN, FLORIDA 32958
TELEPHONE (561) 589-5330 r~ FAX (561) 589-5570
SEBASTIAN CITY COUNCIL
WORKSHOP
AGENDA
WEDNESDAY, APRIL 9, 1997 - 6:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
No public input is allowed at a Workshop, unless approved by a majority vote of City Council at the beginning of the
Workshop. Substantive decisions may not be made at ~Zorkshops (in accordance with R-97-02).
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL
4. WORKSI:IOP rrEMS
97.112/ A.
96.190
Proposed Parking Ordinance (Community Development Transmittal 4/3/97, Code and
LDC Sections)
5. ADJOURN (Workshops should not exceed one hour in dura~on)
ANY PERSON WHO DECIDES TO APPEAL ANY DECISIONMADE BI' THE CITY COUNCIL WITH RESPECT TO ANY MATTER
CONSIDERED AT THISMEETING (OR HF_MRING) WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO
ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND
EVIDENCE UPON WHICH THE APPEAL iS TO BE HEARD. (286. O105 ES.) .'
IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL
ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CIIT'S ADA COORDINATOR AT 589-5330 AT LEA,57' 48
HOURS IN ADVANCE OF THIS MEETING.
i
I
I
I
I
i
I
I
'1
I
I
I
I
I
I
I
I
I
City of Sebastian, Florida
Subject: Workshop on Parking Ordinance
Approved for Submittal by:
Agenda No. qT.//2
Depmment Origin: ~~ve~opment
Date Submitted · April 3, 1997
'For.. Agenda of: April 9, 1997
Exhibits: Sec. 98-1 Traffic ane~_,~ehicles, Code of Ordinances, Sections 20A-5.16., 20A-5.16.1., and 20A-6.1.14., L~
Development Code, draft ordinances O-97-XX and O-97-YY
EXPENDITURE
REQUIRED:
None
AMOUNT BUDGETED:
None
APPROPRIATION
REQUIRED: None
SUMMARY
The City Council has directed the staff to review the parking ordinances of the City to address
several issues. Parking regulations are found in the Code of Ordinances (Sec. 98) and the Land
Development Code (Sec. 20A-5.16., 20A-5.16.1., and 20A-6.1.14. In addition, the land
development code addressC~0ff-street parking requirements in article 8. Article 8 will be reviewed
in detailed at a latei:'date by the Planning and Zoning Commission.
In reviewing the existing codes, the staff has identified additional issues that need to be addressed.
For example, RV's can park in handicapped spaces without a permit.
The staff has dratied two ordinances to address the issues identified in the past. These drafts are
attached for your information.
nd
RECOMMENDED ACTION
Review and provide comments to the staff on the draft parking ordinances.
I
I
I
I
I
i
I
i
I
I
I
I
I
i
I
I
I
I
TI{.~FFIC AND VEI-iICLES
§ 98-8
AI~TICLE L AN GENERAL
Sec. 98-1. Defin/tions.
The following words, terms and phrsses, when used in this chapter, shall have the mean-
in~ ascribed to ~em in this sec:ion, except where the context dearly indicates a di~Terent
meaning.
Pcr;~ means a playground, beach, ballfield or other land area owned by the city or dedi-
cate~l-or otherwise held in trust by the city for the public.
Veh/~!e me-~ any wheeled conveyance, whether motor-powered, animal-drawn or self-
propelled. The word shall include an), trailer in tow. The word shall include cars, trucks,
campers, recreational vehicles, bicycles, tr/cydes, mopeds, motorcycles and all other similar
items. The term includes ~olfcar~ and dune buggies. This deft. nition does not include ~ty
vehicles while in use for authorized c/~business or authorized emergency vehicles.
(Code 1980, § 26-6)
Cross reference--Definitions and rules of construction generally, § 1-2.
Sec. 98-2. Adoption of Florida Uniform Disposition of Tra/~c l-~actions Act.
There is hereby adopted by reference the Florida Uniform Disposition o£ Traffic Infrac-
tions Ac~, F.S. ch. 318, which shall be in full force and effect in ~he c/~,.
(Code 1980, § 26-2)
Sec. 98-~. Obeyin~ traffic control signs.
NO person shrill fail to observe and follow all tn~ffic signs inctudin~ speed, direC:ion,
caution, stopping, parkin~ or s~an~, and all other posted signs for the proper control o£
vehicles.
(Code 1980, § 26-10)
Sec. 98-4. Driving onto meal/aris, s,houlders, etc.
No person shall ride or drive any vehicle on tie land areas that separate paved streets,
roads or highways such as islands or similar land areas. No person shall ride or drive any
motorized vehicle on the so/% shoulder o£ any pave: road, excep~ as is necessary. ~o get the
motorized vehicle on or off the road into a. driveway or aC an inte~ec:ion.
(Code 1980, § 26-9)
Sec. 98-,~. Operat/on on public school ~rounds.
No opera:or of any motor vehicle or moped on any public school grounds within ~he
corporate limits of the city shall:
(1) Fail to obey all ~raff/c signs ind/cardng speed, dire~ion, caution, stopping, parking,
parking hours, s_ud all other res~ric:ions ~os:ed for control of motor vehicles or
peds; or
CD98:3
§ 98.$
SEBASTL~'V CODE
(2) Dr/ye any motor vehicle or moped on any area except roads or designated parldn~
areas, or such other areas as may be specizScally designated as temuorary par~n~
areas by the ch/el of poi/ce or his designee. '
(Code 1980, ~ 26-22)
Sec. 98.6, L/mit on cross weigh: of vehicles; euYorcement,
(a) The 8ross weigh~ imposed on the s~eer4 of the c/~y by the wheels oF any one a:de oF a
vehicle shall not exceed 20,000 pounds.
(b) Any officer of the c/~y having reason CO bel/eve that Re weight oF a vehicle and load
is urdawYut, is au~or/zed CO require the dr/vet Co stop and submit Co a weighing of the veh/cle
either by means of portable or st.a~/onary scaies and may require ~ha[ such vehicle be driven
co the nearest pubhc scales for weisfiing..
(Code I980, § 264) '~"
Sec. 98-7. Penalty for v/olaf/on of chapter, e~or~ement.
(a) Yer~y. Any person who shah violate or fail to comply w/th any of the provisions of
this chapter, or who shall counsel, aid or abet any such violation or failure to comply, shall he
deemed 8~i1~/of aU ofi'ense and shall be punished by a fine as set £orCh/_u F.S. chs. 318 and 318,
as presently const/t-u~ed or as hereafter amended.
(b) Eaforc~ent. It shall be the du~ of the police depar~nent CO enforce the provisions o£
th/s chapter.
(Code I980, § 26-5)
Sec. 98-8. Desi~n,a~/on of one-way st~eer~.
The cl~y counc/I may provide for one-way ~raffic on d~-y s~ee~s by enacl/n~ a resolur/on in
each instance co provide Yor such one-way designation. The city clerk shall keep a permanent
record oF any such one-way changes. Upon enacUnen: oF any such resolur./on, the police de-
par~rnen: shall enac~ proper signals co indicate such one-way designation pursuant :o the
Uniform Manuai oF TraYfic Control Devices.
(Code ~980, § 26-t2)
Cross reference-S~ree~s, sidewalks and other publ/c places, ch. 90.
Sets. 98-9-98-~0. Reset-v-ed.
CD98:4
i
I
I
I
I
i
I
I
i
I
I
i
I
I
I
I
I
I
TRAFFIC AND VEHiCLES
§ 98-34
ARTICLE II. STOPPING, STANDING AND P.z~:~3NG*
Sec. 98-31. Paring between hour~ of 2.'00 a.m. and 6.'00 a.m.
It shall be unlawful for any person to p~rk a vehicle on any street wi~in the city 1/mits
bet~veen the hours of 2:00 a.m. and 6:00 a.m. of any day.
(Code. 1980, § 26-20)
Verbal not, ce of --,~afe parking;, refusal to obey.
When the par~-g of a veh/cle interferes with the safety of the general inhabitants of the
cit7 and a police o~ticer has determined that the vehicle is so parked, he shall make every effort
to norLC-y the owner or driver of the vehicle, giving to the owner or driver the opportunity to
remove the vehicle from the parking location. If the owner or driver refuses to remove the
vehicle from such location after no~ticatign by the po[ice o/ticer, he shall be deemed in violation
of this sec~/on.
(Code 1980, § 26-21)
Sec. 98-33. Parking on public school grounds.
No operator of any motor vehicle or moped on any public school grounds within the
corporate limits of the city sh,]] park such motor vehicle or moped in other than established
or designated parking areas.
(Code 1980, § 26-22)
Sec. 98-34. Par~,~g on ~ Street.
(a) V'mlati~ne. it shall be un/awful and a violation of the provisions of this article for any
person who causes, allows or permits:
(1) No parking zone. A motor vehicle or moped to park, stop or stand on either side of
Main Street from Louisiana A,~nue west to the entrance of the municipal golf course.
(2) Parallel parking zone. A motor vehicle or moped to be parked other than parallel to
the curb where curbing em on either side of Mzin Street from the west side of U.S.
Highway No. 1 to the east side of the right-of-way of the Florida East Coast Railway.
In such ~rea parking is allowed only in the designated parallel par~-g spaces as
authorized in subsec~.ion (b) of this section.
(b) Designation of parking spaces. The chief of police is hereby directed and author/zed to
mark off individual parking spaces in the paring zone designated and described in subsection
(a)(2) of this section, such park/ng spaces ~o be designated by lines painted or durably marked
'Cross reference--Streets, sidew-lk~ and other public places, ch. 90.
State law reference~--Stopping, standing or parking prohibited in specified places, F.S.
§ 316.194S; additional parking regulations, F.S. § 316.195.
Supp. No. 7 CD98:5
§ 98-34
SEBASTIAN CODE
on the c~rbing or surface of ~he street. At each space so marked off it shall be unlawful to park
any vehicle in such a way that the veh/cle shall not be entirely within the Limits of the space
so designated.
(Code 1980, § 26-23)
Sec. 98-35. Parking on Central Avenue.
(a) V'mlations. It shall be unlawful and a violation of the prov/sions of this art/cie for any
person who causes, allows or permits:
(1) No/~arling =one. A motor vehicle or moped to park, stop or stand on ~he east side'
(northbound lane) of Central Avenue from 70 feet north of Main S~reet north to the
intersection of U.S. Highway No. I (SR Ho. 5).
(2) i.,oadingzone, 15-minuteparking. Amotor vehicle or moped to park, stop, or stand for
more than 15 mi-utes in the designated loading zone located on the east side
(northbound lane) of CentralAgenue from the intersect/on of Main Sl~eet to a point 70
feet north ~hereoL
(b) Designation of/oad/ng zone p~rking spaces. ~e ~ef of poUce ~ h~eby ~ md
annoyed ~ m~k off ~duM ~d~ loa~ zone p~g spac~ ~ ~e loa~g zone
desi~a~d ~d des~b~ ~ ~bs~m (aK2) of~ s~on, ~ loa~g zone to be desi~a~d
by ~es p~ or d~bly m~k~ on ~e ~b~ ~ ~ac, of ~e s~ee~.
(Code 1980, ~ 2~2~)
P~g ~ ~denfi~ ~s ~d on ~eet ~gh~f-way.
(a) ~ ~ ~ ~ s~on, ~e ~ %eMcle' me~ ~y au~mobfle, ~ or o~er
veMcle desired for open, on on ~ or ma~, but not ~clu~g:
(1) ~ea~on~ veMcles ~ de~ed ~ s~on 20A-~.16 of ~e L~d Developm~t Code.
(2) ~ad ~r, se~er or hea~ ~pm~t ~ de~ed ~ se~on 20A-&16A of~e
~d Developm~t Code.
(3) Modred., mope~, bi~d~fla~ ~m, ~M~, mad roHem or veMcles wM~
~ o~y u~ a ~
(b) For p~os~ of ~ se~on, a ve~e sh~ be considered ~ be p~ked W it is s~pped
o~er ~ for ~e p~ose of ~d w~e a~y ended ~ loa~ or ~oa~g merry.se
or p~senge~.
(c) No vehicle may be parked on any lot in any residential district, except in an enclosed
srruc~tre, unless such vehicle is licensed, reg/sCered and/nsured.
(d) No vehicle d/splayiug a ~for sale" sign may be parked on any street right-of-way.
(e) No truck or van with a rated carrying capadty of over three-four~u ton shall be
parked on any street fight-of-way.
Supp. No. 7
CD98:6
I
I
I
I
I
I
i
I
I
I
I
i
i
I
I
I
I
I
I
I
I
I
i
I
I
i
I
I
I
I
i
I
I
I
I
I
TtlA.FFIC AzXVD VEHICLES'
§ 98-52
(fl Any vekicte parked on any street right-of-way in front of any unimproved lot which is
not removed with~ 48 hours a/~er a notice requir/ng removal has been posted on the vehicle
by the ciD' will be towed at the owner's expense.
(g) No vehicle shall be parked in any parking space designated with the/nternat-/onal
symbol of accessibili~ or the cap,on 'Park~g By Disabled Permit Only," or with both such
symbol or cap~ion, unless such vehicle d/splays a park/ut permit or license plate issued
pursuant to F.S. §§ 316.1958, 320.084, 320.0842, 320.0843, 320.0845 or 320.0848 and such
vekicte is occupied by a person elig/ble for such license plate or parking permit. However, any
person who is chauffeuring a d/sabled person shall be allowed, without need for an identifi-
cation parking permit or special license plate, momentary parking in any such parking space
for the purpose of loading or unloading a disabled person. No penalty shall be/reposed upon
the driver for such momentary park/,g.
(h) Any violation of this section shall be a civil ~n~action, subject to a max/mum civil
penalty of S 100.00 or a civil penalty of $8O.00/f the person committing the civil/hr'faction does
not contest the citation.
(Ord. No. 0-95-03, § 1, 7-26-95; 0-95-23, § 1, 9-13-95)
Secs. 98-37--98-$0. Reservecl.
ARTICLE rr[. NONSiOVING TRAFFIC INFRACTIONS
Sec. 98-~1. Purpose.
It is the intent of the city council in the adoption of t~Eis ar~/cle to decr~r~alize the
violations of the stopping, standing and parking provisions in articles I and H of this chapter,
thereby fadlitat/ng the implementation for ~he disposition of municipal noumoving ~raffic
in~act/ons.
(Code 1980, § 26-50)
Sec. 98-~2. Definitions.
The following words and phrases where used/n fl~is article, shall have the meanings
respectively ascribed to them in this sect'ion, except where the context clearly indicates a
different mean/ng:
Cited means to notify a person that he has been charged with a municipal noncr~in~
infraction and must comply with the provisions of th/s article.
~rnfract~on means a municipal noncriminal violation wkich is not punishable by incarcer-
ation and for which there is no fight ~o a ~rial by jury or a court appointed counsel.
Supp. >to. :~ CD98:6. !
TRAFFIC .,-~N~D VEHICLES § 98-83 m
Officer mem%s any law enforcement officer chafed with and ac~Ang* under his authority to m
arrest persons suspected of, or known to be, violatin~ statutes or ordinances re¢~/ating tr~Tic
or parking or the operation of equiument or vehicles. The term includes any individual em- m
ployed by the police department who is acrlng as a parking enforcement officer without arrest
·
powers.
·
Park or parking means the staring of a vehicle, whether occupied or not, otherwise than m
tempore.W/y for the purpose of and while a~ually engaged in loading or unloading of property
or passengers as may be permitled under this chapter, m
(Code 1980, § 26-51)
mm
Cross reference-Definitions and rules of construct/on generally, § 1-2.
mm
Sec. 98-53. Municipal :oncriminal traffic infractions; purpose, m
(a) Any person who violates a pro~-ision of article I or II of this chapter regarding a m
vehicle found parkec~, stopped or standing shall be deemed ~o have committed a mumcnpal
nonm0ving and noncriminal infrsxzUnn and shall be cited for such an infrac~on.
mm
(b) Whenever an), motor vehicle with a driver therein or thereby is found parked, stopped m
or standing in violation o£ any of the provisions of arUcie I or II of this chapter, the officer
Finding the vehicle shall deliver to the driver therein or thereby a traffic citation or notice in m
writing on a form provided therefor.
(c) Whenever any motor vehicle without a driver therein or the. eby is found parked,
stopped or standing in violation of any of the provisions of ar~cle I or II of thfs chapter, the m
officer f'mding the Vehicle shall tak,e its license number and may take any other information
displayed on or by the vehicle which may identify its owner or operator, and shall conspicu-
ously affix to the vehicle a traffic citation or notice in writing on a form provided therefor, m
,,d) Whenever a citation has been issued, the owner or driver of the vehicle must answer
the citation or notice within 72 hours o,f~e issuance of the citation or notice, during the hours m
and at the place specified in the citation or notice, or mail a check or money order as payment
for the penalty by U.S. mail. If such procedure i~ ~ollowed within 72 hours, the penalty ~.r a
violation of the parking, stopping or sr. anding provisions of article I or II of this chapte, is
$2.00, except for violations of no-parklng prey/siena, in which c~e the penalty is $10.00.
(e) If the operator or owner of the vehicle cited for violation of any of the stopping, m
standing or parking provisions of this chapter does not delive.--or mail a check or money order
in timely response to the citation or notice delivered or affixed to the vehi~e pursuant to this
ar:ic!e, within a period of 72 hours, the police department shall mail to the re~ste~d owner m
of the vehicle to which the citation or notice was aiTmed, a letter to im%rm the owner of the
wne- must de~¢ve- or mml a check or money orde~ m response ~o such
violation and that the o . -' - - ' - '
·
notice or citation within seven days o£ the date of such letter, and :hat the penalty for the m
violation is then~ $4.00, excep~ for a vioiarJon of a no parking provision, in which case the
pen~dty is then ~15.00. m
cD98:7
· ~.=;~u o~e~ u~ ;ne venicm ~ ~he n~e o~ ~he ~c ~oladons bureau of ~he ~erk
~ t~;:;~ coup, In~ ~ver Count, Flond~ Thefo~of~henoticesh~besubs,~ti~ly
~ou ~e hereby notified tha~ a ~on or notice, numbered
a~mns~ the fo~o~g vehicle re~ ~ v .~ .... ~_ _. ..... n issueo
~cense n~ber ~d a brief des~pdon of the v-~;-'-~ - ..... otor vehzde
of the Ci~ of Seh~-- ~-~- -~ - ~- ~c,, r~u~t :o ~ne Code of Or~n~ces
.... -- ~-~, ~- ~u~u~ ~ap~ ~, you nave ~n ~ys from the ~te of t~s notice
uo ~enaer pa~en~ of $10.00 ($20.00 k' the ~ola~on ~ a no-p~n$ ~olation)
pa~en~ ~ no~ rode ~ ~ ~t~ ~e ~ ......... . If the
~ _ . ~= ~p~eG ~ove, a ~ons for you to aD e~
mr a he~$ be~o~ a ~ co~;ud-- b~-~ --. · p
,~=~ you m= ~wer ~ ~e ch~ =d ~e ~= ~ d~,~--:
=~ ~= whether or .
dt~ i~on ~ b~n co~-~ ~:-= ..... not the
~. ~ me commission of ~e ~ra~on ~ roy . .
co~ jud~ ~y ~pose a d~ p~d~ not ~ ~ $250.00. p eh. ~he
rendered o~en ~ n r~ived by
. (g) ~ ~e pe~on. ~ f~ ~ pay ~e p~op~ p~ m ~ ~t~ ~he ~e s~ted, or
f~ to r~ue~ a he~g m the m~er pm~c~ for ~ ~,h~- ,:, .......
, b~ ~ ~ ~wo~ ~laa~, sn~ ~e a~
of the co~ .~ ............ " ..... ~u~ u~ ot cms se~on, ~he clerk
~u~ ~o appe~ ~ ~o the
red.red o~ of ~e verde. F~ ~ appe~ at the ~-:= .... · -
deemed a contemn* -~ ...... ~ .... ~ ~e ~a place sh~ be
_ . ~ .... ~-~, wmcn ~n:emp~ may be ~h~
Flomdm. ~ ~ P~a~ ~y the laws of
(h) If the re~ o~er or ope. ator of the verde pays ~e pen~ p~or to a Fm~ b
the cou~ of ~ ~on, su~ paten: sh~ a~t '~- ~ ..... g y
uo a ae~ng or ~y ~p~. Su~ a~sion sh~ not be ----a
cee~. ~ ~ e~aence ~ ~y o~her pro-
(i) ~y pe~on ~ for ~ ~fra~on my elect ~o appe~ before a co~ judge by re-
questing a he~g ~ ~g. Such request sh~ be made a~ ~e place specified in the citation
(J) -~y ~erson el~C ~o appe~ before a coun~judge, or who is req~red
or notice. Such r~qu~: mu~ be made before a summo~ to appe~ is issued.
be entitled to a he~g to dare.ne whether or no~ ~he dt' ' ~' ' ....
If the cohesion of~e'" ' n i~ fn,,~ ~ ~rac./on h~ been cummltted.
~o u to haw n....~ ~
impose a ~i pen~ not to exca-~'~
A L.0o ....
(k) The commission ora ch~ged infraction a: a he~ngunder this "
beyona a reason~le doubt. ~cte mua~ be proven
TRAFFIC .~ND VEHICLES
§ 98-54
(1) If the cited infraction is found to have been committed, the violator may appeal the
judge's ~nding to the circuit court.
(Code 1980, § 26-52)
Sec. 98-54. Evidence of identi~y of violator.
(a) In any prosecution charging a violation of any provision of this chapter governing
stopping, standing or parking of a veh/cte, proof that :he particular vehicle described in the
citation or notice was stopped, standing or parked in violation of any provision of this chapter,
together with proof that the operatnr of the vehicle was not present at the time that the
c/tat/on or notice was affixed tn the vehicle, or was present but did not identify himself as the
operator, the individual, corporation or other entity in whose name the vehicle is re~stered
shall be held prima fac/e responsible for the c/~:~t violation.
(b) The provisions of subsec~on (m of th/s section shall apply only when :he notice or
citation provisions for delivery or ~'/=g the notice or citation tn the vehicle have been
followed.
(Code 1980, § 26-53}
CD98:9
ARTICLE V. GENERAL PROVISIONS
Sec. 20A-5.16. Mobile homes, travel trailers, campers, boats, trailers, and recreational vehicles.
A. Definitions.
Mobile home. A single- or multiple-family dwelling as described in section 20A-3.7(B)(1) of
the Land Development Code.
Travel trailer A portable structure built on a chassis as described in section 20A-3.7(B)(2) of
the Land Development Code.
3. Camper.
(a) A trailer or a semitrailer which is designed, constructed, and equipped as a dwelling
place, living abode, or sleeping place (either temporarily or permanently) and is equipped
for use as a conveyance on streets and highways; or
Co) Any motor vehicle which is designed, constructed, or modified, and equipped as a
dwelling place, living abode, or sleeping place (either temporarily or permanently); or
(c) A trailer or a semitrailer, the chassis and exterior shell of which is designed and
constructed for use as a camper, as defined in subparagraphs (a) or Co), but which is used
instead, permanently or temporarily, for the advertising, sales, display, or promotion of
merchandise or services.
Boat. A watercraft as described in section 6-1 of the Code of Ordinances of the City of
Sebastian.
5. Trailer. Any vehicle, with or without motor power, other than a pole trailer, designed for
carrying i~ersous or property and for being drawn by a motor vehicle.
6. Recreational vehicle (RIO.
(a) Any travel trailer, camper, boat, or trailer as defined herein.
Co) If a boat is mounted on a trailer designed for the transport of such boat, then such boat
and trailer shall be deemed,, to be a single RV.
(c) A travel trailer, camper or trailer in tandem with one or in any other combination shall
not be deemed to be a single RV, but rather each separate travel trailer, camper or trailer
shall constitute a separate and distinct RV.
7. Primary front yard. The yard of an improved comer lot which is located between the side of
the structure facing the street where the primary entrance is located and the street.
8. Secondary front yard. The yard of an improved comer lot which is located between the'side
of the structure facing the street where the primary entrance is not located and the street.
B. Mobile homes prohibited. No mobile homes shall be permitted in any zoning district except
the R-MH or RMH-P~ Districts.
C. Parking and storage of recreational vehicles. Recreational vehicles as described herein may
be parked, stored or placed on any improved lot in any residential district, provided that:
The recreational vehicle is owned by the person residing on the same improved lot on which
the recreational vehicle is located.
Except as provided in paragraph (13) (section 20A-5.16(C)(13)), the recreational vehicle is
not used for residential, office or commemial purposes.
The recreational vehicle is not used for sleeping, housekeeping, or living quarters while
parked on any improved lot. The attachment of one or more wires between the recreational
vehicle and any electrical power outlet in a residence shall be prima facie evidence of
housekeeping.
The recreational vehicle is located to the rear of the front building line, and in no event less
than twenty-five (25) feet from the front lot line, or is located wholly within a carport or
gm-age. Notwithstanding the foregoing sentence, with respect to locating recreational vehicles
on the secondary front yard of an improved comer lot, the recreational vehicle need only be
located behind the front yard setback for such improved comer lot and need not be located to
the rear of front building line for the secondary front yard.
5. The recreational vehicle is not lo,ted within any road right-of-way.
6. In the event that the recreational vehicle is a collapsible camping trailer, the trailer must be
stored in the collapsed state.
7. The recreational vehicle must bear a cun'~nt Sta'tt~t-till~ registration.
The recreational vehicle, other thon a utility trailer or a cargo trailer, shall not exceed thirty-
six (36) feet in length. The recreational vehicle which is a utility trailer or a cargo trailer
shall not exceed fourteen (14) feet in length.
10.
No more than two (2) recreational vehicles shall be permitted on any one improved lot whose
area does'not exceed fourteen thousand nine hundred and ninety-nine (14,999) square feet.
No more than three (3) recreational vehicles shall be permitted on any one improved lot
whose area exceeds fifteen thousand (15,000) square feet, but is less than nineteen thousand
nine hundred ninety-nine (19,999) square feet.
11.
No more than four (4) recreafiqnal vehicles shall be permitted on any one improved lot whose
area exceeds twenty thousand (20,000) square feet but is less than twenty-four thousand nine
hundred ninety-nine (24,999) square feet.
12. No more than five (5) recreational vehicles shall be permitted on any one improved lot whose
area is twenty-five thousand (25,000) feet or greater.
13.
Commercial trailers and boats. Notwithstanding any prohibition inferred in any previous
paragraphs contained in this subsection (C) of section 20A.5.16, trailers and boats utilized for
commercial purposes may be kept on real property located in a residentially zoned district
owned by the person who also owns the trailer or boat ff the following provisions are complied
(a) One (1), but not more than one(I), commercial utility or cargo trailer, that does not
exceed fourteen (14) feet in length and eight (8) feet in height, may be parked on any
improved lot located in any residential district ff it is parked in accordance with the other
provisions of subsection 20A-5.16(C) and its is substantially screened by either vegetation
or a six (6) foot stockade .type fence from the view of the adjacent property owners or
lessees and from the view from the public right-of-way.
One (1), but not more than one (1), boat used for commercial purposes, not exceeding
thin-y-sLx (36) feet in length, may be parked or stored on any improved lot located in any
residential district, ff there is no unloading or loading of any material, fish or shellfish
when located in the residential district and the boat is substantially screened by either
vegetation or a six-foot stockage type fence from the view of the adjacent property owners
or lessees and from the view from the public right-of-way.
For the purposes of the restrictions set forth in paragraphs (9) through (12) of this subsection (C)
of section 20A-5.16, a commercial trailer or a commercial boat shall be counted as one (1) recreational
vehicle.
D. Temporary trailers. Trailers used temporarily in connection with construction as a dwelling,
office, salesroom, or security headquarters may be located temporarily in all zoning districts only after a
building permit has been issued and during the periods of construction activity, under a temporary zoning
permit; provided, however, that any such trailer must be removed within ten (10) days after completion of
construction or after the issuance of a certificate of occupancy, whichever first occurs.
E. COR Zoning District. For the purposes of this section, the Commercial Office and Residential
District (COR) shall be deemed to be a residehtial district.
Sec. 20A-5.16.1. Large trucks and heavy equipment.
A. Definitions. As used herein, the following terms shall have the meanings herein stated unless
the contract requires otherwise.
(1) Road tractor means any motor vehicle designed or used for pulling semi-trailers, trucks, or
other road tractors.
(2)
Semi-trailer means any vehicle with or without motive power designed for carrying freight
and which is drawn or pulled by another vehicle. This does not include recreational
trailers.
(3)
Heavy equipment means vehicles, machinery, or other heavy items that are only
incidentally operated upon or moving over roads or highways, including but not limited to
the following items: ditch-digging apparatus, well-boring apparatus, road construction
machinery, asphalt spreaders, bituminous and other mixers, bucket loaders, tractors,
ditchers, leveling rollers, ~ moving equipmem, canyalls, scrapers, power shovels,
draglines, cranes, forklifts, and all other somewhat similar items.
B. Zoning districts where prohibited It shall be unlawful for any person, either as owner, agent,
occupant, lessee, tenant, landlord, or otherwise, to park, store, deposit, or to cause or allow any parking,
storage, or deposit on any real property zoned as RE40, RS-20, RS-15, RS-10, RM-8, RM-12, R-MIt,
PUD-IL PUD-MH, or COIL or any property then being used for residential use however zoned, any road
tractor, semi-trailer, heavy equipment, or heavy truck.
C. Exceptions. The restrictions of this section shall not apply to:
(1) All other zoning districts unless the parcel of land is then actually being used as single-family
use.
(2) Real property where construction is undenvay pursuant to a valid building permit and the
items otherwise prohibited are being utilized for such ongoing construction.
(3) The item othenvise prohibited is being loaded or unloaded.
(4) Personal vehicle such as van, pickup truck or paneled truck, provided each such vehicle has a
maximum carrying capacity not to exceed one (I) ton. I
(5) A reasonable number of such small trucks necessa~ to carry on then permitted commercial
uses in the COR zoning district. The number of such trucks shall be established by the I
planning and zoning commission.
(6) Emergency parking of such prohibited items provided such emergency parking is removed
: within forty-eight (48) hours of the start of the emergency. I
(7) Such items being utilized by any governmental entity for a legitimate purpose. I
(8) Vehicles not to exceed one (1) ton parked within an enclosed garage.
D. Penalty and enforcement. I
(1) The owner or operator, or both, of any item that is parked, stored, or deposited in violation of
this section shall be guilty of a nOhcriminal violation in accordance with Chapter 316, Florida
Statutes. I
(2) No person shall allow or suffer any prohibited item to be parked, stored, or deposited in
violation of this section. I
I
1
I
I
I
1
I
I
,
I
I
I
ARTICLE VI. CONDITIONAL USE AND SPECIAL
EXCEPTION USE CRITERIA
Sec. 20A-6.1. Conditional uses.
14. Home occupations:
a. Applicable zoning districts. Home occupations shall be a conditional use allowable in the
following zoning districts: RE-40, RS-20, RS-15, RS-10, R-MH, RM-8, RM-12, COR~
MCR and GMC. Existing nonconforming residences wiflfin all zoning districts may
obtain a home occupation permit if the proposed home occupation does not violate article
IX (nonconformities and noncompliances) of the Land Development Code.
bo
Conditional use criteria. Home occupations shall be allowed provided that the following
conditions are continuously met commencing with the date the application for approval of
?
same is approved:
(1) All activities pertaining to the home occupation that are to be performed at the
dwelling (the "premises") shall be carried on entirely within the dwelling located on
the premises and only by members of the family permanently residing therein. No
person, other than the members of the family penuanenfly residing in the dwelling on
the premises, shall engage in any activities in furtherance of the home occupation at
the premises. No persons shall be employed by the owner of the business seeking
approval of the home occupation (other than as an address of convenience) except
individuals who are members of the family permanently residing in the dwelling
located on the premises where the home occupation is to be situate. No more than one
(1) commercial vehicle shall be kept or parked at the premises in connection with
such home occupation, and any such vehicle shall not have a canting weight in
excess of three-quarters (%) of a ton nor exceed twenty (20) feet in length. The
parking or storage of commercial trailers and the storage of commercial boats shall be
done in compliance with the provisions of section 20A-5.16(C)(13) of the Land
Development Code. Materials or equipment associated with the home occupation may
be stored within an enclosed compartment of the conunercial vehicle or trailer.
(2) The use of the premises, including the dwelling, for the home occupation shall be
clearly incidental and subordinate to its use for residential purposes. The use of the
premises for the home occupation shah not change the residential use thereof.
(3) There shall be no change in the outside appearance of any structure located on the
premises. There shall be no evidence of the conduct of the home occupation visible
from the exterior of the dwelling or other structures located on the premises.
Furthermore, there shall be no display that will indicate, from the emerior of the
dwelling or any other structure, that the premises are being utilized for any purpose
other than as a residence.
Provided. however, that this provision shall not preclude the utilization of any sign or
signs required to be placed on the premises under a provision of Florida Statutes then
in effect, but any such sign shall be non-illuminated and shall be mounted fiat against
the door or wall of the principal dwelling at a position not more than two (2) feet from
the main entrance of the dwelling.
No activities pertaining to the home occupation shall be conducted in any accessory.
building or garage or an~vhere outside of the principal dxvelling. Such prohibited
(4)
activity shall include, but are not limited to, the storage of any materials, inventory,
equipment or supplies.
·
(5) No home occupation shall occupy more than twenty (20) percent of the first floor area
of the dwelling constituting the principal residence exclusive of the area of any open
porch or attached garage or any other space not suited or intended for occupancy as
living quarters. All storage of materials, supplies and inventory at the premises ·
related to the home occupation shall be located with/n the area of such twenty (20)
I
percent, and such storage shall not comprise an area exceeding one hundred (100)
.. square feet. No vehicles or equipment shall be stored at the premises other than with 1
respect to the one (1) commercial vehicle described in clause (1), above. Therefore,
·
all such equipment and vehicles shall be stored on real property zoned for such
storage ff stored within the city limits of the city.
·
(6)
No
commodity or product of any home occupation shall be delivered from the 1
premises to any person or carrier. Any commodity or product shall be removed from
the premises only by a member of the family permanently residing in the dwelling on
the premises. Only one (1) delivery of materials or supplies shall be delivered to the 1
premises by carrier during a week.
(7) No traffic shall be generated by any occupation in a greater volume than would
normally be expected to ~i'residence in the immediate neighborhood. ·
(8) No mechanical equipment or electrical equipment shall be employed or stored on the
·
-. premises other than equipment usually found in a residence which is associated with a
hobby or vocation conducted for no moneta~ gain or profit. All such equipment must
·
be
located
the
twenty (20) percent area described in clause (5), above. I
(9) No equipment or process shall be used in connection with a home occupation which
creates noise, vibration, glare, fumes, odor or electrical interference detectable by the
normal senses from any location other than on the premises. No equipment or process
.. shall be used in connection with the home occupation which muses visible or audio
-i ' interference in any radio or television receiver, telephone, organ or other similar items
that are located other than on the premises.
(10) Except as specifically provided elsewhere in this section 20A-6.1.C. 14.b, no home 1
occupation, other than an address of ,c,o_nvenience, shall be _al~_,,owed. A home
occupation shall be considered as an address of convenience if the activities thereof
consist
solely
of
receiving
phone
calls,
malting phone calls, receiving mail or keeping 1
business records of the home occupation.
(11) A home occupation is subject to all applicable city occupational licenses and other
business taxes, except as specifically preempted by state or federal law. Each 1
applicant for a home ~cupation shall submit a sworn application, on the application
·
form provided by the city, to the city clerk along with the application fee established,
from time to time, by the resolution of the city council. The applicant shall submit a
recent photograph of the premises which shows the entire front yard and all driveways
and carports, with the application.
(12) No home occupation shall be construed to include personal services, including, but not
limited to, massage, cosmetology, barbering, beauty parlor or shop, tea room, food 1
bProcessmg for sale, kennel, animal grooming, radio or television repair, furniture
uilding, repair or refinishing, cabinet making, boat repair or building, automobile or
other vehicle servicing or repair, rebuilding or repair for others, metal fabrication or ·
cutting employing welding or cutting torches, child care facilities accommodating five
·
(5) or more children, a gift shop, a funeral home, a medical or dental laboratory,
showroom or display area, or any activity similar or reasonably similar to any of the
activities herein before listed. 1
(13) If any home occupation requires a license or permit from the State of Florida, the
Federal Government, or any agency., department or bureau thereof, the applicant for a
home occupation permit shall provide the director or community development or his 1
designee with a current, valid copy of any such license or permit before the home
·
I
I'
I
I
I
I
I
I
occupation shall be conducted. Any failure of the applicant to maintain any such
license or permit in an active and current status shall cause the automatic and
immediate suspension of the home occupation permit granted hereunder.
(14) No home occupation shall be approved when the applicant desiring approval has been
determined to be in violation of a provision of the Code of Ordinances of the City of
Sebastian, including any provision contained in the Land Development Code, unless
the approval of the conditional use for a home occupation will result in the applicant
becoming in compliance and no longer in violation of any provision of the Code of
Ordinances of the City of Sebastian, including the Land Development Code, with
respect to the premises.
(15) Any home occupation permit granted pursuant to this section may be revoked by the
planning and zoning commission upon the failure of the applicant to continuously
comply with all provisions of this subsection and all of the provisions of the Land
Development Code applicable to conditional uses, generally, or to continuously
comply with all conditions of any license or permit issued by the State of Florida or
the Federal Goverruffent, including any agency, department or bureau thereof.
(16) Any applicant for the home occupation permit may file an appeal to the city council to
review the action of the planning and zoning commission in failing to approve such
application or in revokin~ any home occupational permit, which appeal shall be in
writing and filed with the city clerk within ten (10) days from the date of final actions
of the city planning and zoning commission. The city clerk shall place the matter of
appeal on the city council agenda as expedifionsly as possible. The city council shall
thereupon set a date for a public hearing with regard to such appeal. After giving
public notice thereof in such a manner as the city council shall prescribe, at which
time all interested parties shall have the right to appear before the city council in
regard thereto, the city council shall render its decision therein. The decision of the
city council shall be final unless othenvise appealed by the aggrieved party to the
.. circuit court in and for Indian River County, Florida, within thirty (30) days of the
final decision of the city council.
(17) Whenever a home occupational permit shall have been granted, it shall not be
considered to nm with the land. In the event the applicant receiving the grant of a
home occupation permit no longer maintains his or her principal residence at the
principal dwelling located on the premises, the home occupational permit shall
automatically terminate. The applicant shall notify the community development
department, in writing, in the event the applicant no longer maintains his or her
residence at the principal dwelling located on the premises.
I
i
i
I
I
I
I
I
I
i
I
I
I
I
I
I
I
I
ORDINANCE NO. o,g7-xx
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, AMENDING THE LAND DEVELOPMENT CODE REGARDING
PARKING; PROVIDING FOR CODIFICATION; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Sebastian, Ftodda, desires to amend the
Land Development Code relating to parking; and
WHEREAS, the City Coundl of the City of Sebastian, Florida, believes that it is in
the best interests of the health, safety, and general welfare of the community to do so,
NOW THEREFORE, BE IT ORDAINED BY THE CiTY COUNCIL OF THE CITY OF
SEBASTIAN, FLORIDA, THAT:
Section 1. Sec. 20A-5.16. is hereby amended to read.
Sec. 20A~5.16. Mobile homes, travel trailers, campers, boats, trailers, and
recreational vehicles.
A. Definitions.
1. Mobile home. A single- or multiple-family dwelling as described in section
20A-3.7(B)(1) of the Land Development Code.
2. Travel trailer. A portable structure built on a chassis as described in section
20A-3.7(B)(2) of the Land Development Code.
3. Camper.
(a) A trailer or a semitrailer which is designed, constructed, and equipped as
a dwelling place, living abode, or sleeping place (either temporarily or
permanently) and is equipped for use as a conveyance on streets and
highways; or
(b) Any motor vehicle which is designed, constructed, or modified, and
equipped as a dwelling place, living abode, or sleeping place (either
!
temporarily or permanently); or
(c) A trailer or a semitrailer, the chassis and extedor shell of which is
designed and constructed for use as a camper, as defined in
subparagraphs (a) or (b), but which is used instead, permanently or
temporarily, for the advertising, sales, display, or promotion of
merchandise or services.
Boat. A watercraft as des~bed in section 6-1 of the Code of Ordinances of
the City of Sebastian.
5. Trailer. Any vehicle, with or without motor power, other than a pole trailer,
designed for carrying persons or property and for being drawn by a motor
vehicle.
6. Recreational vehicle (RV).
,,
(a) Any travel trailer, camper, boat, or trailer as defined herein.
(b) If a boat is mounted on a trailer designed for the transport of such boat,
then such boat and trailer shall be deemed to be a single RV.
(c) A travel trailer, campe"r or trailer in tandem with one or in any other
combination shall not be deemed to be a single RV, but rather each
separate travel trailer, camper or trailer shall constitute a separate and
distinct RV.
Pdmary front yard. The yard of an improved comer lot which is located
between the side of the structure facing the street where the pdmary
entrance is located and the street.
8. Secondary front yard. The yard of an improved corner lot which is located
between the si.de of the structure facing the street where the pdmary
entrance is not located and the street.
B. Mobile homes prohibited. No mobile homes shall be permitted in any zoning
district except the R-MH or RMH-PUD Districts.
C. Parking and storage of recreational vehicles. Recreational vehicles as
described herein may be parked, stored or placed on any improved lot in any
residential district, provided that:
1. The recreational vehicle is~wned by the person residing on the same
improved lot on which the recreational vehicle is located.
2. Except as provided in paragraph (13) (section 20A-5.16(C)(13)) and 20A-
6.1.14b. 1.(11, the recreational vehicle is not used for residential, office or
commercial purposes.
3. The recreational vehicle is not used for sleeping, housekeeping, or living
quarters while parked on any improved lot. The attachment of one or more '?
wires between the recreational vehicle and any electrical power outlet in a ./~
residence shall be pdma facie evidence of housekeeping.
4. The recreational vehicle is located to the rear of the front building line, and in
no event less than twenty-five (25) feet from the front lot line, or is located
wholly within a carport or garage. Notwithstanding the foregoing sentence,
with respect to locating recreational vehicles on the secondary front yard of
an improved comer lot, the recreational vehicle need only be located behind
the front yard setback for such improved comer lot and need not be located
to the rear of front building line for the secondary front yard.
5. The recreational vehicle is not located within any road right-of-way for more
than one hour.
6. In the event that the recreational vehicle is a collapsible camping trailer, the
trailer must be stored in the collapsed state.
7. The recreational vehicle must bear a current Stete-of.~a registration.
8. The recreational vehicle, other than a utility trailer or a cargo trailer, shall not
exceed thirty-six (36) feet in length. The recreational vehicle which is a utility
trailer or a cargo trailer shall not exceed fourteen (14) feet in length.
9. No more than two (2) recr ~ea.. tional vehicles shall be permitted on any one
improved lot whose area does not exceed fourteen thousand nine hundred
and ninety-nine (14,999) square feet.
10. No more than three (3) recreational vehicles shall be permitted on any one
improved lot whose area exceeds fifteen thousand (15,000) square feet, but
is less than nineteen thousand nine hundred ninety-nine (19,999) square
feet.
11. No more than four (4) recreational vehicles shall be permitted on any one
improved lot whose area exceeds twenty thousand (20,000) square feet but
is less than twenty-four t~ousand nine hundred ninety-nine (24,999) square
feet.
12. No more than five (5) recreational vehicles shall be permitted on any one
improved lot whose area is twenty-five thousand (25,000) feet or greater.
13. Commercial trailers and boats. Notwithstanding any prohibition inferred in
any previous paragraphs contained in this subsection (C) of section
20A.5.16, trailers and boats utilized for commercial purposes may be kept on
real property located in a residentially zoned distdct owned by the person
who also owns the trailer or boat if the following provisions are complied with:
(a) One (1), but not more than one(l), commercial utility or cargo trailer, that
(b)
does not exceed fourteen (14) feet in length and eight (8) feet in height,
may be parked on any improved lot located in any residential distdct if it is
parked in accordance with the other provisions of subsection 20A-5.16(C)
and its is substantially screened by either vegetation or a six (6) foot
stockade type fence from the view of the adjacent property owners or
lessees and from the view from the public right-of-way.
One (1), but not more than one (1), boat used for commercial purposes,
not exceeding thirty-six (36) feet in length, may be parked or stored on
any improved lot located in any residential district, if there is no unloading
or loading of any material, fish or shellfish when located in the residential
distdct and the boat is substantially screened by either vegetation or a
six-foot stockage type fence from the view of the adjacent property
owners or lessees and from the view from the public right-of-way.
For the purposes of the restrictions set forth in paragraphs (9) through (12) of
this subsection (C) of section 20A-5.16, a commercial trailer or a commercial boat shall
be counted as one (1) recreational vehicle.
D. Temporary trailers. Trailers used temporarily in connection with construction
as a dwelling, office, salesroom, or secudty headquarters may be located temporarily in
all zoning districts only after a building permit has been issued and dudng the pedods
of construction activity, under a temporary zoning permit; provided, however, that any
such trailer must be removed within ten (10) days after completion of construction or
after the issuance of a certificate of occupancy, whichever first occurs.
E. COR Zoning District. For the purposes of this section, the Commercial Office
and Residential Distdct (COR) shall be deemed to be a residential district.
Section 2. Sec. 20A-5.16.1. is amended as follows.
Sec. 20A-5.16.1. Large trucks and heavy equipment.
A. Definitions. As used herein, the following terms shall have the meanings
herein stated unless the contract requires otherwise.
(1) Road tractor means any motor vehicle designed or used for pulling semi-
trailers, trucks, or other road tractors.
(2) Semi-trailer means any yehicle with or without motive power designed for
carrying freight and which is drawn or pulled by another vehicle. This does
not include recreational trailers.
(3) Heavy equipment means vehicles, machinery, or other heavy items that
are only incidentally operated upon or moving over roads or highways,
including but not limited to the following items: ditch-digging apparatus,
well-boring apparatus, road construction machinery, asphalt spreaders,
bituminous and other mixers, bucket loaders, tractors, ditchers, leveling
rollers, earth moving equipment, carryalls, scrapers, power shovels,
draglines, craines, forklifts, and all other somewhat similar items.
B. Zoning districts where prohibited. It shall be unlawful for any person, either
as owner, agent, occupant, lessee, tenant, landlord, or otherwise, to park, store,
deposit, or to cause or allow any parking, storage, or deposit on any real property
zoned as RE-40, RS-20, RS-15, RS-10, EM-8, EM-12, R-MH, PUD-R, PUD-MH, or
COR, or any property then being used for residential use however zoned, any road
tractor, semi-trailer, heavy equipment, or heavy truck.
I
I
I
I
I
I
I
I
I
I
I
I
I
i
I
I
I
I
(7)
purpose.
(8)
C. Exceptions. The restrictions of this section shall not apply to:
(1) All other zoning districts unless the parcel of land is then actually being used
as single-family use.
(2) Real property where construction is underway pursuant to a valid building
permit and the items otherwise prohibited are being utilized for such ongoing
construction.
(3) The item otherwise prohibited is being loaded or unloaded.
(4) Personal vehicle such as van, pickup truck or paneled truck, provided each
such vehicle has a maximu...m carrying capacity not to exceed two rear axiles
or dual rear wheels ~.
(5) A reasonable number of such small trucks necessary to carry on then
permitted commercial uses in the COR zoning district. The number of such
trucks shall be established by the planning and zoning commission.
(6) Emergency parking of such prohibited items provided such emergency
parking' is removed within forty-eight (48) hours of the start of the emergency.
Such items being utilized by any governmental entity for a legitimate
Vehicles with two rear ax'les or dual rear wheels ,,,,+
parked within an enclosed garage.
D. Penalty and enforcement.
(1) The owner or operator, or both, of any item that is parked, stored, or
deposited in violation of this section shall be guilty of a noncriminal violation
in accordance with Chapter 316, Florida Statutes.
(2) No person shall allow or suffer any prohibited item to be parked, stored, or
deposited in violation of this section.
.Section 3.
Sec. 20A-6.1.14. Home occupations:
All activities pertaining to the home occupation that are to be performed
at the dwelling (the "premises") shall be carried on entirely within the
dwelling located on the premises and only by members of the family
permanently residing therein. No person, other than the members of the
family permanently residing in the dwelling on the premises, shall
engage in any activities in furtherance of the home occupation at the
premises, No persons;shall be employed by the owner of the business
seeking approval of the home occupation (other than as an address of
convenience) except individuals who are members of the family
permanently residing in the dwelling located on the premises where the
.. home occupation is to be situate. No more than one (1) commercial
vehicle shall be kept or parked at the premises in connection with such
home occupation, and any such vehicle shall not have two rear axis or
ter~ nor exceed twenty (20) feet in length. The parking or storage of
commercial trailers and the storage of commercial boats shall be done in
compliance with the provisions of section 20A-5.16(C)(13) of the Land
Development Code. Materials or equipment associated with the home
occupation may be stored within an enclosed compartment of the
commercial vehicle or trailer.
No home occupation shall occupy more than twenty (20) percent of the
first floor area of the dwelling constituting the principal residence
exclusive of the area of any open porch or attached garage or any
other space not suited or intended for occupancy as living quarters. All
storage of materials, supplies and inventory at the premises related to
the home occupation shall be located within the area of such twenty
(20) percent, and such storage shall not comprise an area exceeding
one hundred (100) square feet. No vehicles or equipment shall be
stored at the premises other than with respect to the one (1)
commercial vehicle described in clause (1), above. Therefore, all such
equipment and vehi~es shall be stored on real property zoned for such
storage if stored within the city limits of the city.
Section 4. CODIFICATION. It is the intention of the City Coundl of the City of
Sebastian, Flodda, that the provisions of this Ordinance shall become and be made a part
of the Land Development Code of the City of Sebastian, Flodda, and that the sections of
this Ordinance may be renumbered, relettered, and the word "ordinance" may be changed
to "Section", "Article", or such other word or phrase in order to accomplish such intention.
Section& CONFLICT. All other Ordinances or parts of Ordinances,
:
Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of
such conflict.
Section 6. SEVERABILITY. If any clause, section, or other part or
application of this Ordinance shall be held by any Court of competent jurisdiction' to be
unconstitutional or invalid, such unconstitutional or invalid part or application shall be
considered as eliminated, in no way affecting the validity of the remaining portions or
applications, which shall remain in full force and effect.
Section 7. EFFECTIVE DATE. This Ordinance shall become effective on
July 1, 1997.
PASSED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, ON FIRST
READING, THIS DAY OF . ,1997. PASSED AND ADOPTED BY THE CITY
COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, ON SECOND AND FINAL READING,
THIS ~ DAY OF ,1997.
The foregoing Ordinance was moved for
The motion was
of
adoption by Councilmember
seconded by Coundlmember
and, upon being put to a vote, the vote was as follows:
Mayor Walter W. Barnes
Vice Mayor Richard J. Tamcka
Councilmember Louise R. Cartwright
: Counciimember Larry Paul
Councilmember Ruth Sullivan
The Mayor thereupon declared this Ordinance duly passed and adopted this __ day
,1997.
;
CITY OF SEBASTIAN, FLORIDA
By:.
Walter W. Barnes, Mayor
A'I-I'EST:
Kathryn M. O'Halloran, CMC/AAE
(Seal)
Approved as to Form and Content:
Valede Settles -
City Attomey
ORDINANCE NO. 0-97-YY
AN ORDINANCE OF TIlE CITY COUNCIL OF THE CITY
OF SEBASTIAN, FLORIDA, AMENDING THE CODE OF
ORDINANCES, RESTRICTING PARKllNG IN RESIDENTIAL
DISTRICTS AND ON STREET RIGHTS-OF-WAY, PROVIDING
DEFINITIONS, SETTING PENALTIES FOR VIOLATIONS,
PROVIDING FOR METHODS FOR ENFORCEMENT, PROVIDING
FOR SEVERABILITY, PROVIDING FOR CODIFICATION,
PROVIDING FOR CONFLICTS, AnN-I) PROVIDING FOR
AN EFFECTIVE DATE.
WItEREAS, the City Council of the City of Sebastian, Florida, believes that it is in the best
interests of the health, safety, and general weffare of the community to amend its ordinances restricting
parking in residential districts and on street fights-of-way of the City;
NOW TIIEREFORE, BE IT ORDAINED BY ~ CITY COUNCIL OF THE CITY
OF SEBASTIAN, FLORIDA, THAT:
Section 1. Section 98-32 of the Code of Ordinances, City of Sebastian, Florida is hereby
amended to read as follows:
Section 98-32. Verbal notice of unsafe parking; refusal to obey.
When the parking of a vehicle interferes with the safety of the general inhabitants of the
city ~ a police officer has determined that the vehicle is so parked, he shall make
"
effort to notify the owner or driver of the vehicle, giving the owner or driver the
opportunity to remove the vehicle from th, e l~a~king .loca,tipn. ~he owner or driver
~ (!~r~s to remove the vehicle f/b~m~ch~0J{n ~v/ne~o 't~";n by the police officer,
),? he shall be deemed in violation of this section.
When a Police Officer has made every effort to notify the owner or driver of a vehicle
found to be unsafely parked, but is not an immediate danger to the pubic~..a 48 hour tag
will be posted on the vehicle. If the vehicle is not moved w/thin 48 hours, the vehicle.
will be towed at the owners expense.
Section 2. Section 98-36 of the Code of Ordinances, City of Sebastian, Florida is hereby
amended to read as follows:
Section 98-36 Parking in Residential Districts and on Street Rights-of-way
(a) As used in this Section, the term "Vehicle" means any automobile, truck, or
other vehicle designed for operation on streets or roads, but not including:
(1) Recreational vehicles as defined in section 203..5.16 of the Land
Development Code.
(2) Road tractor, semi-trailer, or heavy equipment as defined in section
20A-5.16.1 of the Land Development Code.
(3) Motorcycles, mopeds, bicycles, lawn tractors, golf carts, road rollers,
(c)
or vehicles which mn only upon on a track
For purposes of this section, a vehicle shall be considered to be parked if it is
stopped other than for the purpose of and while actually engaged in loading or
unloading merchandise or passengers.
No vehicle may be parked on any lot in any residential district, except in an
enclosed structure, unless said vehicle is curreml3t licensed, registered, and
insured.
(d)
(e)
No vehicle displaying a "for sale" sign may be parked on any street fight-of-
way.
No truck or van with dual rear axles or dual rear wheels .... ~ ~;-
shall be parked on any street fight-of-way.
(f)
(g)
(h)
No vehicle may be 0arked on any street ri~.qht-of-way for more than 72 hours at
any one time. Any vehicle parked on any street right-of-way in front of any
unimproved lot which is not removed within 48 hours aider a notice requiring
removal has been posted on the vehicle by the City will be towed at the owner's
expense.
No vehicle, recreationalLyehicles as defined in section 20A. 5.16.A. 6. of the
Land Development Code~ or road tractor~...semi-traiter,...heaw equipment a~q
defined in section 20A-5.16.1.A. of the Land Development Code, mot0rcycles~
_..m....opeds, bicycles, lawn tractors, .golf carts, or road rollers shall be parked in
any parking space designated with the international symbol of accessibility or
the caption "Parking By Disabled Permit Only," or with both such symbol or
caption, unless such vehicle displays a parking permit or license plate issued
pursuant to F.S. g~j 316.1958, 320.084, 320.0842, 320.0843, 320.0845, or
320.0848 and such vehicle is occupied by a person eligible for such a license
plate or parking permit. However, any person who is chauffeuring a disabled
person shall be allowed, without need for an identification parking permit or
special license plate, momentary parking in any such parking place for the
purpose of loading or unloading a disabled person. No penalty shall be
imposed upon the drive for such momentary parking.
Any violation of this Section shall be a civil infraction, subject to a maximum
civil penalty of $100.00 per day, or a civil penalty of $50.00 per day if the
person committing the civil infraction does not contest the citation.
When a police officer has determined that a vehicle is so parked that it cause~
an immediate danger to the safety_ of~the general inhabitants of the citx., the
police officer will have the vehicle towed at the o_.wners expense.
Section 3. It is the intention of the City Council of the City of Sebastian, Florida, that the
provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the City of
Sebastian, Florida, and that the sections of this Ordinance may be renumbered, relettered, and the word
"ordinance" may be changed to "Section", "Article", or such other word or phrase in order to
accomplish such intention.
Section 4. CONFLICT. All other Ordinances or parts of Ordinances, Resolutions or
parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict.
Section 5. SEVERABII,rrY, If any clause, section, or other part or application of
this Ordinance shall be held by any Court of competent jurisdiction to be unconstitutional or invalid,
such unconstitutiOnal or invalid part or application shall be considered as eliminated, in no way
affecting the validity Of the remaining portions or applications, which shall remain in full force and
effect.
Section 6. EFFECTIVE DATE. This Ordinance shall become effective immediately
upon its passage and adoption.
PASSED BY THE CiTY COUNCIL OF TIlE CITY OF SEBASTIAN, FLOK1DA, ON FIRST
READING, THIS DAY OF
, 1996. PASSED AND ADOPTED BY THE CITY
COUNCIl, OF THE CITY OF SEBASTIAN, FLORID& ON SECOND AND FINAL READING,
THIS __ DAY OF , 1996.
The foregoing Ordinance was moved for adoption by Councilmember
The motion was seconded by Councilmember
and, upon being put into a vote, the vote was as follows:
_M,~or Louise tL Camv~t
Vice Mayor Walter W. Barnes
C ouncilmember li~~it~p
Councilmember Raymond Halloran
Councilmember Richard J, Taracka
I " The Mayor thereupon declared this Ordinance duly passed and adopted this __ day of
ATTEST:
,1996.
CITY OF SEBASTIAN, FLORIDA
By:
Louise R. Cartwright, Mayor
Kathryn M' O~-talloran, CMC/AAE
(Sea )
Approved as to Form and Content:
Valerie Settles
City Attorney