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Home My WebLink AboutO-24-01 MuralsORDINANCE NO.O-24-01 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 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 1, 2024, and made a recommendation to City Council to approve Ordinance 0-24-01. 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 XXII. LANGUAGE AND DEFINITIONS Sec. 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 number 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. Non-commercial Aertwork of Daint or other mixed materials applied to the exterior wall of a building or structure. the! wN,e : all v n-ic. , Mural artwork must be exclusively non-commercial in nature and in no wav identify a product or service for sale. A mural should Drovide artistic value and benefit to the surrounding area and should be compatible with the surrounding area in terms of its size. stvle. colors. materials_ general aoDearance and location. Sebastian River Area Public Mural Program (SRAPMP). A Community Arts and Cultural initiative administered by the Sebastian River Area Chamber of Commerce within the Community Redevelopment Area (CRA) establishing guidelines, program parameters, applications, mural categories, processes and comprising the Sebastian River Area Public Mural Program Committee. Sedimentation. Sedimentation shall mean the settling out of the soil particles that are transported by water or wind. Sedimentation occurs when the velocity of water or wind in which soil particles are suspended is slowed to a sufficient degree and for a sufficient period of time to allow the particles to settle out of suspension or when the degree of slope is lessened to achieve the same result. Amendment 2: ARTICLE XVI. SIGNAGE AND ADVERTISING Sec. 54-3-16.3. 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: (15) Murals. Allowable on exterior buildings or structures in accordance with the parameters established below: (a) ' . One mural per building or structure which end shall not exceed 100 percent of the size of one wall. (bLMurals that utilize more than one wall shall adhere to size parameters and be continuous. in approved eategeFy, A wrvr1 iLrl). i_ prehibited ffein feeing a Midffitial Zened digtfiet. (Text or lettering shall not exceed tee fifty percent (4-50%) of the area of the mural. (41Murals determined to be advertising or commercial shall be considered a sign and shall be included in the calculations of allowable sign area in accordance with Article XVI. (e) A mural should nrovide artistic value and benefit to the surrounding area and should be compatible with the surrounding area in terms of its size, style, colors, materials, general appearance and location. (t) Recommended categories for approval shall include but not be limited to the following_ Beach/Indian River Lagoon/Lakes/Rivers: Birds in Florida; Fishing/fishine Village: Historv_ & Treasure Coast: Interactive: Native Flora (plants) & Fauna (animals). (g) Murals are exempt from Sec. 54-4-21.A.6 Colors. (h) Mural applications will be approved with the guidelines set forth by the Sebastian River Area Public Mural Program (SRAPMP) under this criteria set by this section and its definitions. Upon recommendation of approval, applications shall be reviewed by the Citv Council. Mufals under this pfegmm are exempt Ecac C it. f 1 1 2l ...6-sele"" is zpp: rro? i y the City and 4he Sebastiain 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. 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 Nunn . The motion was seconded by Councilmember Dixon and, upon being put to a vote, the vote was as follows: Mayor Ed Dodd Vice -Mayor Kelly Dixon Councilmember Fred Jones Councilmember Bob McPartlan Councilmember Christopher Nunn aye aye aye ave aye The Mayor thereupon declared this Ordinance duly passed and adopted this 28th day of Febn arv_ 2024. CITY OF SEBASTIAN, FLORIDA ED DODD, MAYOR ATTEST: / 1 J�/�LJLk-�-�d-YYt/l A TTE WILLIAMS, MMC CITY CLERK Approved as to form and legality for reliance by the City of bastian only: (NAIFER COCKCROFT, Esq., BCS CITY ATTORNEY