HomeMy WebLinkAboutO-25-06 Accessory Dwelling UnitsORDINANCE NO.O-25-06
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA,
AMENDING THE LAND DEVELOPMENT CODE OF THE CITY OF
SEBASTIAN BY ADDING SECTION 54-2-7.23 TO ESTABLISH NEW
STANDARDS FOR ACCESSORY DWELLING UNITS; AMENDING
SECTION 54-5-22.2 BY ESTABLISHING A DEFINITION FOR
ACCESSORY DWELLING UNITS; AMENDING SECTION 54-2-7.5 TO
UPDATE REGULATIONS REGARDING ACCESSORY STRUCTURES
PERTAINING TO ACCESSORY DWELLING UNITS; AMENDING
SECTION 54-2-6.4 BY DELETING CONDITIONAL USE CRITIERIA FOR
GUEST HOUSES; AMENDING SECTIONS 54-2-5.2.1 AND 54-2-5.2.2 BY
DELETING GUEST HOUSES AS CONDITIONAL USES FROM THE RE-
40 AND RS-20 ZONING DISTRICTS; PROVIDING FOR SEVERABILITY;
PROVIDING FOR CONFLICTS; PROVIDING FOR CODIFICATION;
PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City of Sebastian is presently confronting a housing situation where the home
prices and rents are currently unaffordable for families and households of middle and moderate incomes;
and
WHEREAS, the Sebastian City Council wishes to ensure the availability of suitable and adaptable
housing that accommodates City of Sebastian residents of middle and moderate incomes at all stages of
life, including the elderly, and accommodate multigeneration living; and
WHEREAS, Policy 3-1.4.2 of the City of Sebastian's Comprehensive Plan 2040 requires that
Sebastian City Council identify and analyze areas within the City of Sebastian where accessory dwelling
units may be accommodated without negatively impacting neighborhood character, while evaluating the
feasibility of including flexible regulations and standards within the City of Sebastian's Land
Development Code which promote the implementation of innovative housing design and development
concepts such as accessory dwellings units; and
WHEREAS, in accordance with Florida Statutes § 163.3202(1), each municipality shall adopt or
amend and enforce land development regulations that are consistent with and implement their adopted
Comprehensive Plan; and
WHEREAS, the Sebastian City Council hereby finds that it is in the public interest to modify and
update certain provisions of the Land Development Code of the City of Sebastian to establish new
regulations which will allow accessory dwellings units as a housing alternative for the middle and
moderate -income households, for the elderly wishing to age in place; and multigenerational living; and
WHEREAS, the Local Planning Agency of the City of Sebastian held a public hearing on
February 6, 2025, and made a recommendation to the Sebastian City Council to approve Ordinance 0-25-
06.
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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: Sec. 54-5-22.2. Definition of terms.
For the purpose of enforcing and administering this code, the following words shall have the
definition and meanings herein ascribed:
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Accessory dwelling unit (ADU). A residential living unit that is a subordinate use to the primary
dwelling unit on a single-familv lot which provides independent living facilities for one or more persons.
which includes provisions for sleeping, eating. cooking. and sanitation. The ADU may be nhvsically
attached to a single-familv residence. located entirely within a single-familv residence, or located within
an existing or Dronosed detached accessory structure on a single-familv lot.
Accessory structure. A structure which is customarily associated with, subordinate in size and
incidental in use to the principal structure and located on the same site. Examples are tool sheds, -and
garages. and accessory dwelling units.
Accessory use. A use that is clearly incidental to the principal use, that is subordinate in area, extent
or purpose to the principal use and that contributes to the comfort, convenience or necessity of the principal
use, and that is located on the same lot with such principal building or use.
*****
Density, maximum gross residential. The maximum gross residential density shall be determined by
dividing the "maximum allowable units" by the "gross acres of land" (i.e., dwelling units/gross land acres).
Accessory dwelling units shall not be counted towards maximum densitv.
Amendment 2: Sec. 54-2-7.23. Accessory dwelling units.
(a) Purpose. It has been deemed to be in the public interest to Dennit accessory dwelling units ("ADUs")
for existing single-familv residences and in zoning districts where single-familv residences are
designated as a Dennitted use. so as to:
(1) Maintain a diverse sunoly of housing options:
(2) Provide flexible. adeouate. and affordable living accommodations:
(3) SuDDort homeowners utilizing excess space to offset the cost of home ownershin:
(4) Foster the communitv's composition by establishing_ sp_ aces for multi generational living and
aging in Dlace:
(5) Promote the conservation of natural resources and land and prevent proliferation of sprawl by
the revurposing of existing structures and developed lots.
(b) Prohibitions. The following uses directly associated with ADUs are prohibited:
(1) The leasing of the ADU for transient short-term rentals as defined in Section 54-2-7.22(I)(a).
No accessory dwelling unit may be utilized for commercial oumoses except for home
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businesses that have been _permitted and are in comoliance with regulations found in Section
54-2-7.21.
(2) The conversion of an ADU into a condominium or any other form of legal ownershin distinct
from the ownershin of the single-family dwelling.
(3) The conversion of an ADU into a orimary dwelling unit. unless it were to become the only
dwelling unit on the lot and conform with zoning_ district regulations for a nrimary dwelling
unit.
(c) Reauirements.
(1) Creation. An accessory dwelling unit may only be created through the following methods:
i. Converting existing living area, attic, or garage:
ii. Adding new floor area to the living area or garage of an existing single-family dwelling:
iii. Constructing a detached accessory dwelling unit on a lot with an existing single-family
dwelling. or
iv. Constructing a new single-family dwelling with an internal or detached accessory dwelling
unit.
(2) Reauirements of this section shall not supersede nronerty owner or subdivision deed restrictions.
(3) An accessory dwelling unit and nrincioal dwelling unit shall be located on a single lot or parcel or
on a combination of lots or parcels unified under a recorded unity of title document, and combined
into one tax parcel. One accessory dwelling unit is allowed per tax parcel.
(4) Density. A single-family lot proposing an ADU is exemnt from the maximum gross residential
density established by the City's Future Land Use Man for that parcel.
(5) The accessory dwelling unit shall use the same address as the principal structure.
04 Accessory dwelling units shall be located only on lots which either satisfv the minimum lot size
reauirements of the aonlicable zoning district or are legally platted lots., with the exeeption of nen
w
eenf ... ing, un platted lots that a at least seventy entt70feet wide and ti ayu r. mininiva et-aFea e
(7) Any accessory dwelling unit shall be clearly incidental to the principal dwelling and shall be
developed only in conjunction with or after development of the nrincioal dwelling unit.
(8) No accessory dwelling unit shall be established in conjunction with a multi -family dwelling unit.
(9) An accessory dwelling unit shall be charged an immct fee based on the residential unit impact fee
category as determined by Indian River County.
(10) An application for a building hermit to construct an accessory dwelling unit must include an
affidavit from the anolicant which attests that the unit will be rented at an affordable rate to an
extremelv-low-income. verv-low-income, low-income. or moderate -income nerson or persons as
defined by Florida Statute 6163.31771. as amended from time to time.
(d) Design Standards.
(1) Pumose. Creating standards for accessory dwelling units address the following numoses:
i. Ensure that accessory dwelling units are comp_ atible with the desired character and livability_
of the citv's residential neighborhoods:
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ii. Respect the general building scale and placement of structures to allow sharing of common
snace on the lot. such as driveways and yards, and
iii. Ensure that accessory dwelling units are smaller in size than single-familv dwelling units.
(2) The design. character. and treatment of a detached accessory dwelling unit should be as close as
reasonably possible to those of the principal dwelling. The facade design and materials shall be
similar and consistent with the n_ rincipal dwelling and use conventional residential windows and
doors.
(3) Mobile homes or recreational vehicles shall not be used as accessory dwelling units. The ADU
shall meet the minimum reouirements for a dwelling unit in accordance with the Florida Building
Code.
(4) Size. The gross floor area of the accessory dwelling unit shall not exceed fifty percent (50%) of
the gross floor area that is under air of the nrincinal dwelling_ unit or one thousand gross souare
feet (1.000 SF), whichever is less. Any accessory dwelling unit shall be no smaller than three
hundred gross souare feet (300 SFI.
(5) Setbacks. An accessory dwelling unit must meet the annlicable zoning_ district regulations in which
the nropertv lies pertaining to setbacks and lot coverage provisions.
(6) Height. A detached accessory dwelling unit shall not exceed one story in height. The unit may be
located on a second story if the first story is utilized as a garage or storage facility.
(7) The accessory dwelling unit shall be serviced by centralized water and wastewater if those utilities
are available. or meet the Health Department's well and septic reouirements. Modification.
exnansion. or installation of well and/or sentic tank facilities to serve the accessory dwelling unit
shall be designed in a manner that does not render any adiacent vacant nroverty unbuildable for
future development when well and/or sentic tank facilities would be required to service
development on those adiacent oronerties.
(8) Parking. Adeauate on -site _narking_ shall be provided to su_n_oort the use of both the princin_ al
dwelling unit and ADU.
Amendment 3: Sec. 54-2-7.5. Accessory structures.
(a) Presence ofprincipal building required. No accessory structure shall be constructed or placed upon
a lot until the construction of a principal structure has been started and no accessory structure shall
be used unless the principal structure has received a certificate of occupancy.
(b) Location:
(1) General rule of location. No accessory structure shall be located in any required yard (setback),
other than as outlined below. Furthermore, no detached accessory structure shall extend beyond
the front building line of the principal structure that is located on the same real estate parcel or
lot.
a. Special regulations governing rear yards. Detached structures, such as utility sheds,
accessory dwelling units. and other structures accessory to a primary dwelling within a
residential zoning district may encroach into a required rear yard, provided that any such
structure maintain a minimum distance of ten feet from the rear property line and not be
located within a dedicated easement. With the exception of structures that consist solely of
screening and beams and supports for the screening material, no such structure shall exceed
400 square feet in lot coverage and shall not exceed 12 feet in height. Structures that consist
solely of screening and beams and supports for the screening material, such as screen
enclosures for swimming pool areas, shall not exceed 25 feet in height.
(2) Comer lots. Accessory structures may not be located in the secondary front yard of an improved
corner lot unless the corner lot is joined in unity of title within an interior lot that contains the
prineipleprincipal structure. However, said accessory structures shall not be located closer than
25 feet from the secondary front property line in the RS-10 zoning district, and in all other
zoning districts shall meet required front yard setbacks.
(c) General regulations of accessory buildings:
(1) No mobile home, travel trailer, tent or similar structure, truck trailer or any portion thereof, or
motor vehicle shall be permitted as an accessory structure.
(2) No accessory structure shall be constructed or maintained without a building permit being issued
by the city's building official expressly designating the type of the accessory structure (example:
garage, shed, pump house).
(3) The building official shall not issue a building permit if the accessory structure does not comply
with all other provisions of the Land Development Code, Comprehensive Plan, or the Code of
Ordinances of the City of Sebastian.
(4) Exel .dine - @r. d•r. cllina Ants; No accessory structure shall be constructed or maintained
if the height thereof exceeds the height of the principal structure that is located on the same real
estate parcel or lot.
(5) Attached or detached Quonset -type or style accessory structures, usually defined as any self-
supporting structure, typically in an "arch" or curved shape with no interior posts, trusses or
support beams of any kind and with the exterior sheeting forming the building, are prohibited.
(6) A residential lot will be allowed five square feet of accessory building area (cumulative,
excluding accessory dwelling units), for every 100 square feet of lot area, not to exceed 1,000
square feet total. Attached garages, which are part of the original principal building design, will
not be included in the cumulative total of accessory building area. Accessory structures, which
consist solely of screening and beams and supports for the screening material (such as screen
enclosures for swimming pool areas) will not be included in the cumulative total of accessory
building area.
(7) Excluding accessory dwelling units. Aany attached or detached accessory building over 500
square feet in area, any attached or detached carport and/or breezeway over 500 square feet in
area, must be reviewed and approved by the plwAiing and zaiiing ,.,.._... issieeadministratively
by ulannine staff utilizing the following criteria:
a. Accessory structures may not be constructed or maintained from corrugated metal or
corrugated metal -looking products.
b. The roof of the accessory building must have a minimum pitch of 3:12.
c. Accessory structures 501 square feet to 750 square feet in size shall be compatible with the
overall general architectural design of the primary residence, including facade and
materials, colors and trim, roofing materials and pitch.
d. Accessory structures 751 square feet to 1,000 square feet in size shall be of the same
architectural design of the primary residence, including facade and materials, colors and
trim, and roofing materials and pitch. Foundation plantings shall be required on all sides of
the accessory structure excluding entranceways and doorways. Said requirements are as
follows: One shrub for every three lineal feet, 24 inches in height at planting.
Amendment 4: Sec. 54-2-6.4. Specific criteria for approving a conditional use.
In addition to satisfaction of the general provisions cited above, a conditional use shall be permitted
only upon a finding that the proposed conditional use complies with the requirements for the respective
conditional use as specified below:
(24) Gue5l-, s -Reserved.
. . _ .. .. ._ .. . .. ...... ..l.TSlf.
Amendment 5: Sec. 54-2-5.2.1 Residential Estate District (RE-40).
(b) Uses permitted:
Single-family dwellings
Foster care/group homes with < 6 residents
(c) Conditional uses:
Foster care/group homes with > 6 residents
Model homes
Schools, public or private
Utilities, public and private
Protective and emergency services, public
Equestrian uses
Home occupations
Accessory residential uses
Guest-houses
Child care services
Churches
Parks and recreation, public
Golf courses and support facilities
Accessory uses to conditional uses
Amendment 6: Sec. 54-2-5.2.2. Single -Family Residential District (RS-20).
(b) Uses permitted:
Single-family dwellings
Foster care/group homes with 6 < residents
Accessory residential uses
Home occupations
(c) Conditional uses:
Foster care/group homes with > 6 residents
Model homes
Schools, public or private
Utilities, public and private
Protective and emergency services, public
Accessory uses to conditional uses
Guesthouses
Child care services
Churches
Parks and recreation, public
Golf courses and support facilities
Amendment 7: Sec. 54-2-5.9. Table of Land Use by Districts.
Table 54-2-5.9, Land Use by Districts, stipulates the permitted and conditional uses by district.
Permitted uses are uses allowed by right, provided all applicable regulations within the Land Development
Code are satisfied, as well as all other applicable laws and administration regulations. Conditional uses
are allowable only if approved by the city pursuant to administrative procedures found in Article VI. The
applicant requesting a conditional use must demonstrate compliance with conditional use criteria set forth
in Article VI.
The applicant shall bear the burden of proof in demonstrating compliance with all applicable laws
and ordinances during the site plan review process. The site plan review process is set forth in article
XVIII.
RESIDENTIAL
USES
Single-family
dwellings
Duplex dwellings
Multiple -family
dwellings
Townhouses
Qualified affordable
housing
Mobile homes
Vehicular storage
areas
TABLE 54-2-5.9. LAND USES BY DISTRICT MATRIX
RE- RS- RS- RM- R- C- CL CG CR CWR IN Al PS
C 40 20 10 8 MH 512
P P
P
P
P
P
P
P
P
P
C
P
C
7
Foster care/group
home with <_ 6
residents
Foster care/group
homes with > 6
residents
Model homes
Guest heuses
Home occupations
Residential uses
accessory to
permitted uses
P P
P
P
C C
C
C
C C
C
C
C
E C
P P
P
P
P
P
P
P
C
C
P P
P
P
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 Sebastian City Council did not intend to enact such invalid provision. It shall further
be assumed that the Sebastian 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. Conflicts. 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 of Sebastian 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 Dixon . The
Motion was seconded by Councilmember ,Tones and, upon being put to a vote, the vote
was as follows:
Mayor Bob McPartlan
aye
Vice Mayor Fred Jones
aye
Councilmember Kelly Dixon
aye
Councilmember Ed Dodd
aye
Councilmember Christopher Nunn
aye
The Mayor thereupon declared this Ordinance duly passed and adopted this 9th day of
April 2025.
L,
ATTEST:
W�IQ
ette Williams, MMC
City Clerk
CITY OF SEBASTIAN, 5LORIDA
By:
Bob McPartlan, Mayor "
Approved as to form and legality for
reliance by the City of Sebastian only:
&L"L
J Cockcroft, Esq�, BCS
i Attorney
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