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HomeMy WebLinkAboutArticle VIIARTICLE VII: GENERAL REGULATIONS SECTION 54-2-7.1: APPLICABILITY OF PROVISIONS The City Land Development Code shall apply uniformly to each district, class or kind of structure or land except as hereinafter provided. In interpreting and applying the Land Development Code, all provisions shall be held to be the minimum requirements, adopted to protect the public health, safety, and welfare. Whenever the requirements of the Land Development Code are in conflict with requirements of other lawfully adopted rules, regulations, or laws of other governments having jurisdiction in the subject issue, the most restrictive or that imposing the highest standard shall govern. SECTION 54-2-7.2: CONFORMANCE REQUIRED No building, structure, or a portion thereof shall hereafter be used, occupied, erected, constructed, reconstructed, moved or structurally altered unless in conformity with all of the regulations herein specified, including but not limited to compliance with permitted and conditional use provisions by district, site plan review procedures and criteria, maximum height limitations, maximum density and/or intensity, maximum lot coverage, minimum open space requirements, minimum building setbacks, and minimum yard requirements. SECTION 54-2-7.3: WATER FACILITIES A. Potable Water Requirements. All new development shall be required to connect to the Indian River County Utilities water system except as herein provided. Exceptions. a. Limited Scale Development. Residential projects with less than twenty-five (25) lot/units greater than one -quarter (1/4) mile from the Indian River County Utilities water system, but only if such exception is consistent with Indian River County policies and standards established to regulate infrastructure extensions and potable water service provided by the Indian River county Utilities water system. When such a project has any lot(s) less than one-half (1/2) acre in size, an approved central water system is required. b. Large Lot Development. Residential projects with a minimum lot size of one-half (1/2) acre, but only if such exception is consistent with Indian River County policies and standards established to regulate infrastructure extensions and potable water service provided by the Indian River County Utilities potable water system. C. Single Family or Duplex Dwelling Unit. A single family residential or duplex dwelling unit located on a lot in a subdivision approved prior to the effective date of this Code but only if such exception is consistent with Indian River County policies and standards established to regulate infrastructure extensions and potable water service provided by the Indian River County Utilities water system. d. Non-residential Projects. Non-residential projects greater than one -quarter (1/4) mile of the Indian River County Utilities water system, but only if such exception is consistent with Indian River County policies and standards established to regulate infrastructure extensions and potable water service provided by the Indian River County ldoftN Utilities water system. Luid Development Code Page VII-1 City of Sebastian 6/8/2000 4:03 PM Chapter H: Districts and General Regulations Article VII: General Regulations B. Private Wells. Whenever a parcel is not served by a central water system, a private well shall be provided as required by the Indian River County Health Department; provided that all wells (irrigation and potable water) shall be located within either the portion of the side yard that is not forward of the front building line or within the rear yard. The Planning and Growth Management Director may approve a variance to this section provided the following conditions exist: a. Due to existing conditions, the Indian River County Health Department will not issue a permit for a well located in the side yard that is not forward of the front building line or within the rear yard. b. The variance will not render another lot unbuildable. The Board of Adjustment must review all variance requests, which do not meet the above requirements. C. Testing of Private Wells. In addition, the City may undertake any necessary action to prevent or remedy water supply and water quality problems. To this the City may request analysis of water quality and supply of all permitted private wells based on evolving problems and issues associated with water resources. The private well owner may be assessed by the City after due public hearings for needed water quality, supply problems, requisite testing, laboratory analysis, and improvements deemed necessary and fiscally equitable. SECTION 54-2-7.4: WASTEWATER FACILITIES. f A. Wastewater Requirements. All new development shall be required to connect to the Indian River County Utilities wastewater system except as herein provided. (0"'� 1. Exceptions. a. Limited Scale Development. Residential projects with less than twenty-five (25) lottunits greater than one -quarter (1/4) mile from the Indian River County Utilities wastewater system, , but only if such exception is consistent with Indian River County policies and standards established to regulate infrastructure extensions and potable water service provided by the Indian River county Utilities water system. When such a project has any lot(s) less than one-half (1/2) acre in size, an approved central wastewater system is required. b. Large Lot Development. Residential projects with a minimum lot size of V2 acre, but only if such exception is consistent with Indian River County policies and standards established to regulate infrastructure extensions and wastewater service provided by the Indian River County Utilities wastewater system. C. Single Family or Duplex Dwelling Unit. A single family residential or duplex dwelling unit located on a lot in a subdivision approved prior to the effective date of this Code, but only if such exception is consistent with Indian River County policies and standards established to regulate infrastructure extensions and wastewater service provided by the Indian River County Utilities wastewater system. Land Development Code Page VII_g City of Sebastian 6/8/2000 4:03 PM Chapter II: Districts and General Regulations Article VII: General Regulations d. Non-residential Development. Non-residential projects generating less than two thousand (2,000) gallons of domestic wastewater per day and greater than one -quarter (1/4) mile from the Indian River County Utilities wastewater system but only if such exception is consistent with Indian River County policies and standards established to regulate infrastructure extensions and wastewater service provided by the Indian River County Utilities wastewater system. B. Septic Tanks. Whenever a lot is not served by an approved sanitary sewer, there shall be provided such open space as required by the Indian River County Health Department, for the septic tank and drainage field to serve the uses on such lot. Such sanitary installations shall be located in a front or side yard, but not closer than five (5) feet to any lot line and not within any easements. No septic tank shall be located within seventy-five (75) feet of mean high water (MHW) along the Indian River or Sebastian River. The Planning and Growth Management Director may approve a variance to this section provided the following conditions exist: a. Due to existing conditions, the Indian River County Health Department will not issue a permit for a septic tank located in the front or side yard. b. The variance will not render another lot unbuildable. The Board of Adjustment must review all variance requests, which do not meet the above requirements. SECTION 54-2-7.5: ACCESSORY STRUCUTURES /� A. PRESENCE OF PRINCIPAL BUILDING REQUIRED. No accessory structure shall be constructed 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. /0"IN B. LOCATION: 1. GENERAL RULE OF LOCATION. No accessory structure shall be located in any required yard (setback). 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 and other structures accessory to single-family homes within a single-family zoning district may encroach into a required rear yard, provided that any such structure maintain a minimum distance of ten (10) 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 four -hundred (400) square feet in lot coverage and shall not exceed twelve (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 twenty-Fve(25) feet in height. 2. CORNIER LOTS. Notwithstanding the provisions of paragraph 1., accessory structures may be located to the front of the front setback line along the boundary of the secondary front yard on an improved corner lot. Lane! Development Code Page VII-3 City of Sebastian 6/8/2000 4:03 PM Chapter II: Districts and General Regulations Article VII: General Regulations C. GENERAL REGULATIONS OF ACCESSORY BUILDINGS: f 1. No mobile home, travel trailer, 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 application for a building permit does not specify the type of accessory structure that the applicant seeks to construct or to maintain. 4. The building official shall not issue a building permit if the accessory structure does not comply with any other provisions of the Land Development Code or the Code of Ordinances of the City of Sebastian. 5. 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. 6. A residential lot will be allowed five (5) square feet of accessory building area (cumulative), for every one -hundred (100) square feet of lot area. 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. Any attached or detached accessory building over two -hundred (200) square feet in area, any attached or detached carport and/or breezeway over two -hundred (200) square feet in area, and any attached or detached accessory building with exterior walls higher than the structure containing the primary residence must be reviewed and approved by the Planning and Zoning Commission utilizing the following criteria: a. The exterior of the accessory portion of the structure, including mass, facade and materials, shall be in harmony with the overall general character of the structure containing the primary residence. b. Exterior facade material shall be compatible in appearance, color and design with the facade of the principal building structure C. The ridgeline of the roof for the accessory building shall not be higher than the roof ridgeline of the principal structure. The roof of the accessory building must have a pitch similar to that of the primary structure. d. No portion of an accessory building that has exterior walls higher than the walls of the primary residence shall extend beyond the front building line of said primary residence. SECTION 54-2-7.6: ABOVEGROUND STORAGE OF GASOLINE/OTHER COMBUSTIBLE FLUIDS Any aboveground storage of gasoline and other combustible fluids shall be subject to compliance with all state and local laws pertaining to aboveground storage of gasoline and other combustible fluids. Land Development Code Page VII-4 City of Sebastian 6/8/2000 4:03 PM Chapter II: Districts and General Regulations Article VII: General Regulations SECTION 54-2-7.7: WALLS AND FENCES A. General Regulation of Walls and Fences 1. Permit Required. Except as provided in paragraph 4., it shall be unlawful for any person, association, corporation or other entity to install, erect, alter, or locate a fence or wall within the City without first obtaining a fence permit for such activity. Notwithstanding the foregoing, a fence permit shall not be required for the replacement or repair of an existing fence or wall unless the replacement or repair cost exceeds fifty (50) percent or more of the value of the fence or wall before its repair or replacement. 2. Application Procedures. Application for a fence permit under this section shall be made to the building official and shall include the following: a. A survey prepared by a licensed surveyor of the State of Florida; b. The location, length and height of the proposed fence or wall; C. A description of the materials contained in the proposed fence or wall.; and d. Location of any fire hydrant adjacent to the property. 3. Issuance of Permits. The building official shall issue a fence permit to an applicant under this section upon his finding that the proposed fence or wall is in compliance with the provisions of this article and all other pertinent State and Local regulations, and upon payment of the appropriate fee. Fence permits issued under this section shall be subject to all other rules and regulations pertaining to fence permits in general. (O*t� 4. Construction to Withstand Forces of Nature. All fences and walls shall be constructed to withstand the force of wind and to allow, and not inhibit, divert or alter, the free flow of surface water from the natural course it followed prior to installation of the fence or wall. 5. Posts and Supporting Members. If the posts or supporting members of a fence or wall are placed in or upon the ground, the posts or supporting members shall be treated or composed of materials resistant to decay, corrosion and termites. 6. Maintenance. All fences and walls shall be maintained in good repair, in a non -hazardous condition, and shall not be allowed to become dilapidated. 7. Height. The height of a fence or a wall shall be determined from the highest point of the ground in an eight (8) foot run lying directly beneath the fence or wall. Berms shall not be considered as part of the ground. 8. Temporary Construction Fences. The Building Official may require and approve temporary construction fences for a period not to exceed on -hundred twenty (120) days. Temporary construction fences in excess of one -hundred eighty (180) days shall receive approval by the planning and zoning commission. B. Types of Fences and Walls Permitted. Fences and walls shall be constructed and/or composed of at least one (1) of the following groups of materials: I. Termite -resistant species wood or wood which has been treated to resist rot and termites; 2. Steel posts and wire fabric of a minimum 11 %z-gauge galvanized or other non -corrodible metal; 3. Ornamental iron; 4. Concrete or masonry; 5. Plastic; L.uid Development Code Page VII-5 City of Sebastian 6/8/2000 4:03 PNI Chapter II: Districts and General Regulations C. Fences and Walls in Residential Areas Article VII: General Regulations 1. Height of Walls and Fences. Fences and walls, not exceeding six (6) feet in height, may be placed along the boundary of a lot on that portion of the lot lying behind the front setback line and behind the front of the main structure. Fences and walls placed in front of the main structure shall not exceed four (4) feet in height. 2. Exception to Height Regulations for Walls and Fences. Notwithstanding the provisions of 54-2-7.7(C)(1) of the Sebastian Land Development Code, fences and walls, not exceeding eight (8) feet in height, may be placed along the boundary of a lot on that portion of the lot lying behind the front setback line and behind the front of the main structure on any of the following residential lots adjacent to Fellsmere Road, also known as County Road 512, in the City of Sebastian: Lots 1 - 8, Block 41, Sebastian Highlands Unit 1 Lots 2 - 19, Lot 28, Block 59, Sebastian Highlands Unit 2 Lot 16, Block 68, Sebastian Highlands, Unit 2 Lot 2, Block 72, Sebastian Highlands Unit 2 Lots 9 - 18, Block 72, Sebastian Highlands Unit 2 Lots 1-2, Block 42, Sebastian Highlands Unit 2 Lots 4 - 40, Block 42, Sebastian Highlands Unit 2 Lots 7 - 8, Block 57, Sebastian Highlands Unit 2 Lots 1 - 21, Block 149, Sebastian Highlands Unit 3 Lot 1, Block 169, Sebastian Highlands Unit 5 Lots 18 - 49, Block 169, Sebastian Highlands Unit 5 Lots 122 - 124, San Sebastian Springs Lots 147 - 154, San Sebastian Springs Lots 1 - 6, Roseland Acres In addition, tennis court enclosures, not exceeding ten (10) feet in height, may be placed along the perimeter of said tennis court(s). The fence enclosure(s) shall not be located closer than ten (10) feet from the side and rear property lines and shall not be located in any easement(s). 3. Walls and Fences on Corner Lots. Notwithstanding the provisions of 54-2-7.7(C)(1) or 54-2- 7.7(C)(2), fences and walls four (4) to six (6) feet in height may be located to the front of the front setback line along the boundary of the secondary front yard of an improved corner lot. Only those fences and walls placed along the boundary of the primary front yard of an improved corner lot must be located behind the front setback line. a. Primary Front Yard. For purposes of this paragraph, the term "primary front yard" shall mean the yard of an improved corner lot located between the street and the wall of the main structure facing the street where the primary entrance to the main structure is located. b. Secondary Front Yard. For purposes of this paragraph, the term "secondary front yard" shall mean the yard of an improved corner lot located between the street and the wall of the main structure facing the street where the primary entrance to the main structure is not located. 4. Trellis Structures. Trellis structures that do not form a barrier may be erected at any location on a lot except within visibility triangles or dedicated easements. Such trellis structures need not satisfy the height limitation and restrictions for residential fences and walls provided in this subsection. Land Development Code Page VII-6 City of Sebastian 6/8/2000 4:03 PNl ka iO� Chapter II: Districts and General Regulations D. Fences and Walls in Non -Residential Districts Article VII: General Regulations All commercial and industrial zoned properties that are being utilized for residential purposes shall comply with the requirements set forth in section 54-2-7.7(C). 2. Fences and walls not exceeding eight 8 feet in height may be permitted upon approval of the Planning and Growth Management Director. The Planning and Zoning Commission must approve all fences and walls exceeding 8 feet in height. The action of the Planning and Growth Management Director may be appealed to the Planning and Zoning Commission. Such appeal shall be filed with the Planning and Growth Management Department within ten (10) working days after action of the Planning and Growth Management Director. The request for the appeal shall include information concerning the disputed issues in the Planning and Growth Management Director's actions. E. Fences Within Easements 1. Fence Permit Required. It shall be unlawful for any person, association, corporation or other entity to erect a fence or wall within any easement unless a fence permit for the fence or wall is obtained prior to the erection of the fence or wall, and the fence or wall is constructed of the materials listed in Section 54-2.7.7(B)(1,2&5). Prior to City approval of the permit, the applicant shall provide the City an affidavit from the holder(s) of the easement stating that the holder(s) has (have) no objection to the permit approval. 2. Property Owner Responsible for Removal Cost. Any fence or wall proposed to be installed within a utility or drainage easement that accesses, abuts or provides the City or utility company with a maintenance area to lot line ditches, canals, drainage tracks, or rights -of -way, may be of a permanent or temporary nature. However, if the City or utility company should later determine that removal of the fence or wall is necessary for the installation, repair or replacement of the drainage or utility facility, the property owner shall be required to remove the fence or wall within five (5) days of the owner's receipt of written demand for removal from the City or utility company. All cost incurred in the removal and replacement of the fence or wall shall be the responsibility of the property owner. 3. Maintenance. With the exception of drainage ditches maintained by others, the property owner shall be responsible for the maintenance of all property within a utility or drainage easement regardless of the placement of the fence or wall. The City may remove any fence or wall within the easement, as needed, in cases of emergency. F. Prohibited Fences and Walls 1. Prohibited Types of Walls and Fences. It shall be unlawful to erect, construct, install or maintain the following structures: a. A fence or wall within six (6) feet of a fire hydrant; b. A fence or wall within any street right-of-way; C. An electricity charged fence or wall; d. A fence or wall in a dilapidated condition which appears to be neglected, unkempt, or in substantial disrepair, in whole or in part, and as a consequence thereof is either unsound, hazardous or ineffectual; e. Any fence or wall containing hazardous substances such as broken glass, barbed wire, (except as provided in paragraph (2) below), spikes, nails, wire, or similar materials designed to inflict pain or injury to any person or animal. Any fence constructed of such material shall be deemed to be a public nuisance. Land Development Code 6/8/2000 4:03 PNI Page VIIJ City of Sebastian Chapter II: Districts and General Regulations . Article VH: General Regulations /01 /o� 2. Barbed Wire Fences. Barbed wire fences may be permitted by the Planning and Zoning Commission in commercial and industrial districts if the proposed fence is a minimum of six (6) feet and a maximum of eight (8) feet in height and topped with no more than three (3) strands of barbed wire. No part of any such fence may extend beyond the boundaries of the property of which it is installed. G. Required Screens for Garbage, Refuse Dumpsters. Notwithstanding anything to the contrary contained in this section, all garbage, refuse dumpsters, regardless of the siting on the property, shall be screened on all four (4) sides by masonry wall, fencing, or other materials permitted hereunder, at least six (6) feet in height, and rendering the view of said dumpster invisible from adjacent properties and public rights -of -way. All proposed refuse dumpster screens must be approved by the building official through the issuance of a fence permit in accordance with procedures set forth in Section 54-2-7.7(A). SECTION 54-2-7.8: REGULATION OF WATERCRAFT A. Regular Mooring of Watercraft/Live-Aboard Regulations. 1. The following restrictions shall apply to regularly moored watercraft: a. Regularly moored watercraft shall not be permitted as business offices or other related commercial enterprises. This provision shall not preclude the regular mooring of watercraft for fishing operations, charters, pleasure and other water -dependent uses, provided said mooring is located at an approved private dock, commercial marina, or approved anchorage identified by the United States Coast Guard and depicted on nautical charts. b. All watercraft utilizing the waters of the City shall be maintained in a seaworthy condition, except when in a permitted repair area. C. Under no circumstances shall any vessel anchor or moor in areas that have been determined by the Florida Department of Environmental Protection as protected areas for wildlife and plant life in the submerged lands. And in no event shall any owner or operator of any vessel discharge any untreated human waste or other debris. d. Permanent live-aboards are not permitted in waterways within the jurisdiction of the City of Sebastian. e. Transient live-aboards are permitted within the City of Sebastian within any commercial marina within the City limits that maintains moorings and/or slips at docks for transient live-aboards, to encourage the use of the waterways of the City and to promote an increase in the economic base of the community provided the following conditions are met: i. All such facilities shall provide litter receptacles and marine sanitation pump - out facilities as required by the Federal Environmental Protection Agency and the Florida Department of Environmental Protection. ii. Such facilities may make available to users of offshore moorings a dock expressly for the purpose of accessing said moorings by dinghy or other small vessel; and may charge a reasonable price for the use of said dock. iii. Such facilities shall maintain records of all such moorings of transient live- aboards. land Development Code 6/8/2000 4:03 PNI Page VII-8 Ciev of Sebastian Chapter II: Districts and General Regulations Article VII: General Regulations B. Boat Limitations on City Waterways. Only boats powered by electric motors or by a an internal combustion engine not exceeding three horsepower that is operated in accordance with the eomt1 specifications of the manufacturer, canoes and paddle boats may navigate local waterways, canals and lakes within the City limits of Sebastian. The Sebastian River and the Indian River Lagoon are excluded from this restriction. 54-2-7.9: STREET ACCESS AND SETBACKS A. Structures to Have Access. Every building hereafter erected or moved shall be on a lot adjacent to a public street, or with access to an approved private street, and all structures shall be so located on lots as to provide safe and convenient access for servicing, fire protection, and required off-street parking. B. Setbacks Established from Approved Streets. In the event that streets or rights -of -way are approved by the City and filed with the Clerk of the County Court, or in the event of the designation or establishment by the City Council of any proposed public street or road, to the extent lawful the same shall thereupon immediately be used as the reference point for the purpose of determining setbacks for new construction under the terms of this ordinance. This provision shall not prevent the reconstruction of a fully or partially damaged or destroyed legally nonconforming structure so long as the rebuilt structure is consistent with the City's Land Development Code and building codes. SECTION 54-2-7.10: REGULATION OF OBSTRUCTIONS TO VISIBILITY A. Obstruction to Traffic and Traffic Visibility. There shall be no structures or planting, which materially obstructs traffic, and traffic visibility. B. Visibility Triangles. Visibility triangles, within which nothing shall be erected, placed, parked, planted or allowed to grow in such a manner as to impede vision between a height of two (2) feet and eight (8) feet above the center lines of intersecting traffic ways, shall be provided as follows: 1. Vision Clearance at Street, Alley and Driveway Intersections. A Visibility triangle shall be required at all traffic intersections. No wall, fence, hedge, or structure within the visibility triangle shall exceed a height of two (2) feet above the elevation of the abutting street measured at the centerline. Dimensions of Visibility Triangle. The sides of the visibility triangle shall be thirty (30) feet at street -to -street intersections and fifteen (15) feet at all other intersections. These distances shall be measured along the well-defined edge of pavement from their point of intersection. Where no well-defined edge of pavement exists, a probable edge of pavement shall be established from the existing centerline of the travelways, using twelve -foot travel lane(s) for dedicated streets, eight -foot half width for all dedicated alleys and utility easements, and five- foot half width for single driveways. Visibility triangles shall be required at all traffic intersections, including driveways and alleys. SECTION 54-2-7.11: MOVING OF STRUCTURES. No structure larger than five hundred (500) square feet, excluding structures registered as a vehicle by the State of Florida, shall be moved into the City or from one place to another within the City unless such building or structure is made to conform to all of the requirements of the City's adopted building code in effect in this City at the time of the moving and the requirements of the zoning in which the building or structure is to be place. Land Development Code Page VII-9 City of Sebastian 6/8/2000 4:03 PNI Chapter II: Districts and General Regulations Article VII: General Regulations The Building Director is authorized to require any person applying for a permit to move a building or structure to show proof of a property damage insurance policy in the amount of five hundred thousand dollars ($500,000.00) as well as a liability insurance policy in the amount of one million dollars ($1,000,000.00) and may be required to post a bond or other security acceptable to the City in an amount up to but not exceeding ten thousand dollars ($10,000.00) to be deposited with the City clerk, payable to the order of the City of Sebastian. The purpose of the bond or other security is to guarantee compliance in full within one year with the applicable requirement of the City's adopted building code and of this land development code and to restore any public or private property damaged while the building or structure is being moved. Failure to fully comply within one year as above stated will result in forfeiture of the bond to the Building Director of the City of Sebastian, Florida. All applicants for a permit to move an existing structure, as above stated, are required to furnish the Building Director with a proposed route for moving the building through the City as well as five (5) sets of drawings. Said drawings shall be prepared and sealed by an architect or engineer registered in the State of Florida certifying that the structure meets all requirements as above outlined, or five (5) sets of drawings to be prepared and sealed by an architect or engineer registered in the State of Florida showing the proposed changes to the building or structure after it has been moved, that will bring it within all applicable requirements of the City's adopted building code as well as the City's Land Development Code. If drawings of the structure or building to be moved showing compliance as above stated are on record with the City already, the above requirement for drawings of the structure is waived. The Building Director shall distribute the application and supporting information to the appropriate staff for review and comment. The staff can include outside agencies. Upon approval of the City Engineer, Planning and Growth Management Director, and Police Chief, the Building Director shall issue a permit. f0� SECTION 54-2-7.12: AIRPORT HEIGHT LIMITATIONS No structure shall be erected within the approach zones of an active runway on the City of Sebastian Municipal Airport with a height in excess of those permitted by the Federal Aviation Authority or by City Council. All structures shall comply with the City of Sebastian Airport Master Plan and provisions below cited: A. Airport Zones and Airport Height Limitations. In order to carry out the provisions of this section, the following height restriction zones are hereby created and established. An area located in more than one zone of the described zones is considered to be only in the zone with the more restrictive height limitation: 1. Primary zone. The area longitudinally centered on a runway, extending to the end of that runway with the width so specified for each runway for the most precise approach existing or planned for either end of the runway. No structure will be permitted within the primary zone that is not a part of the landing and take -off area or facilities and that has a greater height than the nearest point on the runway center line. The width of the primary zones shall be as follows: a. 250 feet for utility runways having visual approaches only. b. 50 feet for utility runways having nonprecision instrument approaches. C. For other than utility runways the width is: (1) 500 feet for visual runways having only visual approaches. /041i� (2) 500 feet for nonprecision instrument runways with visibility minimums greater than 3/4 statute mile. (3) 1,000 feet for a nonprecision instrument approach with visibility minimums as low as three -fourths statute mile, and for precision instrument runways. Land Development Code Page VII-10 City of Sebastian 6/8/2000 4:03 PM Chapter II: Districts and General Regulations Article VU: General Regulations 2. Horizontal Zone. A horizontal plane one hundred fifty (150) feet above the established airport elevation, encompassing the runway's primary zones and transitional zones, the perimeter of f'� which is constructed by swinging arcs of specified radii from the center of each end of the primary surface of each runway of the airport and connecting the adjacent arcs by lines tangent to those arcs. The radius of each arc is: a. 5,000 feet for all runways designated as utility or visual approaches only. b. 10,000 feet for all other runways. The radius of the arc specified for each end of the runway shall have the same arithmetical value. That value will be the highest determined for either end of the runway. When a five thousand (5,000) foot arc is encompassed by tangents connecting two (2) adjacent ten thousand (10,000) foot arcs, the five thousand (5,000) foot arc shall be disregarded. No structure will be permitted in the horizontal zone that is higher than one hundred fifty (150) feet above the established airport elevation. 3. Conical zone. The area extending outward and upward from the periphery of the horizontal zone for a distance of four thousand (4,000) feet on slope of twenty (20) to one. Height limitations for structures in the conical zone are one hundred fifty (150) feet above airport elevation at the inner boundary of the zone with permitted height increasing one foot vertically for every twenty (20) feet of horizontal distance outward from the inner boundary of the zone to a height of three hundred fifty (350) feet above airport elevation at the outer boundary of the zone. 4. Approach zone. The area longitudinally centered on the extended runway center line and f proceeding outward and upward from each end of the primary surface. The width of the approach zone is the same as the inner boundary of the primary surface it adjoins and expands uniformly to a width of: a. 1,250 feet for that end of a utility runway with only visual approaches. b. 1,500 feet for that end of a runway other than a utility runway with only visual approaches. C. 2,000 feet for that end of a utility runway with a nonprecision instrument approach. d. 3,500 feet for that end of a nonprecision instrument runway other than utility, having visibility minimums greater than three -fourths of a statute mile. e. 4,000 feet for that end of a nonprecision instrument runway, other than utility, having a nonprecision instrument approach with visibility minimums as low a three -fourths statute mile. f. 16,000 feet for precision instrument approach runways. 5. Approach surface: The approach surface is the same width and height at the inner boundary of the primary surface it adjoins and extends outward for a horizontal distance of: a. 5,000 feet at a slope of twenty to one (20:1) for all utility and visual approach runways. b. 10,000 feet at a slope of thirty-four to one (34:1) for all nonprecision instrument runways other than utility. C. 10,000 feet at a slope of fifty to one (50:1) with an additional forty thousand (40,000) feet at a slope of forty to one (40:1) for all precision instrument runways. L•uid Development Code Page VII- I I City of Sebastian 6/8/2000 4:03 PM Chapter II: Districts and General Regulations Article VII: General Regulations W Height limitations within the approach surface are the same as the height of the runway end at the inner boundary and increase at the rates as shown above and will control all future construction or natural growth. On existing runways where the thresholds have been displaced and the threshold lights moved along the runway from the runway end, if any of the area between the threshold lights and the red end lights is being used for either the landing or take- off of aircraft, then the approach surface would start at the end of the runway for control of future obstructions. At those airports having defined runways with specially prepared hard surfaces, the primary surface for such runway extends two hundred (200) feet beyond each end of the runway hard surface, and the approach surface begins at that point. 6. Transitional zone. An area extending outward from the sides of each primary zone and approach zone connecting them to the horizontal zone and an area outward five thousand (5,000) feet horizontally or until intersection with the conical zone from the side of that portion of the approach zone of a precision instrument runway extending through and beyond the conical zone. No structure or object will be permitted within the transitional zone greater in height than the primary or approach zone at their adjoining boundary lines increasing at a rate of one (1) foot vertically for every seven (7) feet horizontally, with the horizontal distance measured at right angles to the runway centerline and extended centerline, until the height matches the horizontal zone height, or the conical zone height for a horizontal distance of five thousand (5,000) feet from each side of that part of the approach zone for a precision instrument runway extending beyond the conical zone. 7. Other areas. In addition to the height limitations imposed within this section, no structure or obstruction shall be permitted within the City of Sebastian that would cause a minimum descent altitude, minimum obstruction clearance altitude, minimum vectoring altitude, or a decision height to be raised nor which would impose either the establishment of restricted minimum climb gradients or nonstandard take -off minimums for a runway at Sebastian Municipal Airport. B. Airport Land Use Restrictions. 1. General Safety Regulations. Notwithstanding any other provision of this section, no use may be made of land or water within any zones established by this section in such manner as to interfere with the operation of an airborne aircraft. The following special requirements shall apply to each permitted use: a. All lights or illumination used in conjunction with street, parking, signs or use of land and structures shall be arranged and operated in such manner that it is not misleading or dangerous to aircraft operating from a public airport or in vicinity thereof. b. No operations of any type shall produce smoke, glare or other visual hazards within three (3) statute miles of any usable runway of a public airport. Control burns as required by a Habitat Conservation Plan approved by the Fish and Wildlife Service during periods when the wind will blow the smoke away from the airport and not across any approach surfaces are permitted. C. No operations of any type shall produce electronic interference with navigation signals or radio communication between aircraft, the airport or other air traffic control facility. Land Development Code 6/8/2000 4:03 PM Pie VII-1 `? City of Sebastian Chapter II: Districts and General Regulations Article VU: General Regulations /"01"\ f001\ d. Within any airport primary zone or within any runway approach zone area where the zone height is fifty (50) feet or less above the end of the runway, no operations of any type shall involve the storage, distribution or manufacture of flammable, explosive, toxic or other hazardous materials. This restriction shall apply to those materials in a quantity or of a type which, if exposed to an aircraft accident, would further jeopardize the safety or health of the aircraft, occupants, occupants of facilities in the vicinity, by- standers and emergency personnel, or would prevent, delay, limit or otherwise curtail appropriate response actions by emergency personnel. e. Within any airport primary zone or within any runway approach zone area where the zone height is fifty (50) feet or less above the end of the runway, no operations of any type shall involve the congregation of people for either short or long-term purposes. This restriction shall apply to any use involving individuals who by their numbers, condition, age or other factor, should they be exposed to an aircraft accident, might escalate the resultant effect to disaster of major proportions. 2. Restrictions on Potential Solid Waste Disposal. Solid waste disposal sites shall be considered as a nonconforming use if located within areas established for the airport and meeting the following criteria: a. Sites located within ten thousand (10,000) feet of any runway used or planned to be used by turbojet or turbo prop aircraft. b. Sites located within five thousand (5,000) feet of any runway used only by piston type aircraft. C. Any site located so that it places the runways and/or approach and departure patterns of an airport between bird feeding, water or roosting areas. d. Sites outside the above perimeters but still within the lateral limits of the airport zones will be reviewed on a case -by -case basis by the Board of Adjustment. 3. Residential construction shall not be permitted within an area contiguous to any airport measuring one-half the length of the longest runway on either side of and at the end of each runway centerline of such airport. Notwithstanding the foregoing limitations, if the property owner provides the City with a perpetual avigation easement for the airspace above the ground level of the entire parcel of real property owned by the property owner upon which residential construction will be situate, in a form which reasonably precludes the property owner and his/her/their/its successors and assigns from commencing or maintaining a successful action for condemnation (inverse or otherwise) resulting from the aviation activities arising from the airport, as determined by the City Council on the advice of the City attorney, then the area where residential construction would otherwise be precluded pursuant to this paragraph 3 may be reduced to the extent that restrictions contained in this section and elsewhere in the Land Development Code and the Code of Ordinances are not violated. Land Development Code 6/8/2000 4:03 PM Page VI I-13 City of Sebastian Chapter II: Districts and General Regulations Article VII: General Regulations C. Variances to Airport Height Limitations fllo� 1. Any person desiring to erect any structure, increase the height of any structure, permit the growth of any tree, or otherwise use his property in violation of the airport zoning regulations prescribed in this section, or any land development regulation adopted pursuant to the provisions of Chapter 163, Florida Statutes, pertaining to airport land use compatibility, may apply to the Board of Adjustment for a variance from the zoning regulations in question. At the time of filing, the applicant shall forward a copy of his application for variance by certified mail, return receipt requested, to the Florida Department of Transportation (the "Department"), Aviation Office, M.S. 46, 605 Suwannee Street, Tallahassee, Florida 32399-450. The department shall have forty-five (45) days from receipt of the application, its right to comment is waived. The Board of Adjustment may proceed with its consideration of the application only upon the receipt of the department's comments or waiver of that right as demonstrated by the filing of a copy of the return receipt with the board showing that the forty-five (45) days have elapsed. Additionally, no application for a variance may be considered unless the applicant shows evidence that the requirement for notice of construction or alteration under Title 14, Code of Federal Regulations, Part 77, has been complied with. 2. A variance may only be allowed where a literal application or enforcement of the regulations provided in this section would result in practical difficulty or unnecessary hardship and where the relief granted would not be contrary to the public interest but would do substantial justice and be in accordance with the spirit of the regulations provided herein. Provided, however, a variance may be allowed subject to any reasonable conditions that the Board of Adjustment may deem necessary to effectuate the purposes of this section. 3. In granting a variance under this section, the Board of Adjustment shall, as a specific condition, require the owner to mark and light the structure or growth to indicate to aircraft pilots the presence of an obstruction. Such marking and lighting shall conform to the specific standards established by Chapter 14-60, Rules of the Department of Transportation and Federal Aviation Administration Advisory Circular 70-7460-1 H, as amended. SECTION 54-2-7.13: MOBILE HOMES, TRAVEL TRAILERS, CAMPERS, BOATS, TRAILERS, AND RECREATIONAL VEHICLES A. Mobile homes prohibited. No mobile homes shall be permitted in any zoning district except the R- MH or PUD-MH Districts. B 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 owned, rented or leased by the person residing on the same improved lot on which the recreational vehicle is located. 2. Except as provided in Section 54-2-7.13(D), 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. Lwid Development Code Page VII44 City of Sebastian 6/8/2000 4:03 PNi Chapter H: Districts and General Regulations Article VH: General Regulations 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 an improved corner 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 the front building line for the secondary front yard. The recreational vehicle is not located within any road, drainage or utility 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 current and proper registration. 8. The recreational vehicle, other than a utility trailer or a cargo trailer, shall not exceed forty (40) feet in length. The recreational vehicle that is a utility trailer or a cargo trailer shall not exceed twenty-four (24) feet in length. 9. No more than two (2) recreational vehicles at the same time shall be permitted on any lot outside of an enclosed garage. C. Commercial trailers and boats. Notwithstanding any prohibition inferred in any previous paragraphs of Section 54-2-7.13(B), 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 if the following provisions are complied with: 1. One (1), but not more than one(1), commercial utility or cargo trailer, that does not exceed twenty-four (24) feet in length and eight (8) feet in height, may be parked on any lot located in any residential district if it is parked in accordance with the other provisions of Section 54- 2.7.14(C) and it is substantially screened by either vegetation or a six (6) foot stockade type fence from the view of the adjacent property. 2. One (1), but not more than one (1), boat used for commercial purposes, not exceeding forty (40) feet in length, may be parked or stored on any lot located in any residential district, if 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 stockade type fence from the view of the adjacent property. For the purposes of the restrictions set forth in Section 54-2-7.13B(9), 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 that: 1. All setbacks are complied with and all utilities, including water and sewer are provided; and 2. 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. Luid Development Code 6/8/2000 4:03 PNi Page VII-15 City of Sebastian Chapter 11: Districts and General Regulations Article VH: General Regulations SECTION 54-2-7.14: LARGE TRUCKS AND HEAVY EQUIPMENT A. 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-10, RM-8, R-NIH, PUD-R, or PUD- MH or any property then being used for residential use however zoned, any road tractor, semi -trailer, heavy equipment, or heavy truck. B. Exceptions. The restrictions of this section shall not apply to: l . All other zoning districts not 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. The item otherwise prohibited is being loaded or unloaded. 4. Vehicles such as a van, pickup truck or paneled truck, provided each such vehicle not exceed 23 feet in length and/or 9 feet in height. 5. Emergency parking of such prohibited vehicles or items provided such they are removed within twenty-four (24) hours of the start of the emergency. 6. Such items being utilized by any governmental entity for a legitimate purpose. f� 7. Vehicles exceeding 23 feet in length and/or 9 feet in height which are parked within an enclosed garage. SECTION 54-2-7.15: LAND EXCAVATION OR FILL. A. Purpose and Intent The City finds that it is necessary to regulate excavation activities in order to prevent public nuisances, safety hazards, and damage to private and public property. Further, such regulations are necessary in order to protect the environment, including the quality and quantity of ground and surface waters. The plans for land excavation or fill shall demonstrate that the proposed site alterations include mitigation techniques designed to comply with performance criteria addressing the following: 1. Environmental Protection (Article XI); 2. Site reclamation, including restoration of vegetative cover within disturbed upland open space; planting and stabilizing banks of drainageways with vegetation which is tolerant to anticipated changes in water levels, including hydric conditions (Article XI); Sedimentation and soil erosion control (Article XI); 4. Protection of groundwater aquifer recharge (Article XI); 5. Flood damage prevention (Article XIII); and 6. Tree and native vegetation protection (Articles XIV). Land Development Code P,-tge VII-16 City of Sebastian 6/8/2000 4:03 PNI Chapter II: Districts and General Regulations Article VU: General Regulations / 1 B. Prohibited activity It shall be illegal for any person, association, corporation or other entity to fill or excavate any real property in the City, without first obtaining a permit for such activity, except as exempted in Section 54- 2-7.15.C. It shall be illegal for any person, association, corporation or other entity to engage in permitted activity in a manner contrary to the conditions set forth in such permit. Mining is prohibited. C. Exceptions. The following activities shall be exempt from the fill and excavation permitting requirements of this Land Development Code: 1. Earthmoving in conjunction with the installation of a utility, wherein the excavation is to be backfilled. 2. Construction of state, federal, or local public roads and public works within the limits of public property. 3. Any activity regulated by the Florida Electrical Power Plant Siting Act, codified as Sections 403.501 through 403.517, Florida Statutes (1987), and the Transmission Line Siting Act, codified as Sections 403.52 through 403.536 Florida Statutes (1987), to the extent that the provisions of this code are preempted by said acts. 4. Maintenance activities undertaken by a public utility, as defined in Section 366.02, Florida Statutes (1987), with regard to existing electrical power plants, reservoirs and other related activities. 5. Any excavation incidental to any authorized City development order or permit, including approved site plans, subdivision plats, preliminary development plans and/or building permits. 6. Maintenance dredging of lakes or canals. 7. Incidental filling activity on developed single-family residential property such as the placement of topsoil for a garden, and marl, gravel, shell, or other similar material for a driveway, that will not include more than fifty (50) cubic yards in any one calendar year. 8. A pond on a single-family or duplex residential lot. D. Fill on Single Family and Duplex Lots 1. Prior City Approval Required. No filling of a lot shall be undertaken without the prior written approval of the City engineer pursuant to Article XII. 2. Criteria for Land Fill and Drainage. During the filling of lots where there is either one or more side drainage ditches or swales, or rear drainage ditch or swale, or any combination thereof on such lot, the fill on the lot shall be sloped and contoured to properly direct the surface water to the drainage ditches or swales. Swales in the front of the lot shall also be shaped to prevent standing of water therein. Where any culvert pipe is laid under a driveway or similar installation, the pipe shall be approved by the City Engineer pursuant to Sec. 54-3-10.5(F). When sod is used in the bottom of the swale, it shall be placed below the invert of the culvert pipe. 140� 3. Maintenance of Surface Water Management Improvements. It shall be the continuous responsibility of any owner of a lot to maintain such swales, ditches, and pipes on the site to maintain the proper flow of surface water. Land Development Code 6/8/2000 4:03 PM Page VI I-17 City of Sebastian Chapter II: Districts and General Regulations Article VH: General Regulations E. Excavation and Fill on all Lots other than Single Family or Duplex Lots. 1. Prior City Approval Required. No excavation shall be undertaken without an approved City development order or permit. 2. Excavation Permits. a. Regulations. Any excavation not incidental to any authorized City development order or permit, including approved site plans, subdivision plats, preliminary development plans and/or building permits shall adhere to the following regulations: b. Application procedures. Excavation permit applications shall be made on forms provided by the city Engineer. The application must demonstrate conformance with all City codes and include the following specific submittal requirements: 1. Plan view and cross sections of the excavation areas and excavated materials stockpile areas. 2. Amount of fill to be removed, expressed in cubic yards. 3. Method of excavation and stockpiling of excavated materials. 4. Safety and security plan. 5. Copy of approved site plan, preliminary plat or preliminary development plan. 6. Topographic and soil maps of the site. 3. Conditions of the Excavation Permit a. Consistency. The excavation shall be consistent with the approved site plan, preliminary plat, or preliminary development plan for the site. b. Location of Operations Restricted. No stockpiling of excavated materials shall occur within one hundred (100) feet of a residence. C. Screening. If the project site is adjacent to a residentially zoned area, the perimeter of the site abutting such an area shall include a fifty (50) foot wide buffer and Type "A" screening along said site boundary. d. Special Safety Measures. Any excavation activity that results in the creation or expansion of a water body (except those not incidental to any authorized City development order or permit, including approved site plans, subdivision plats, preliminary development plans and/or building permits) shall be subject to the provisions of Section 54-2-7.15.G. Such projects creating water bodies must also provide a safety and security plan, which may include, but not limited to, fences, access control, and other security provisions. Luui Development Code 6/3/2000 4:03 PM Page VII-18 City of Sebastian Chapter II: Districts and General Regulations Article VII: General Regulations e. Aquifer Recharge Area. If the project site is located (in whole or part) on an aquifer eaol� recharge area, no excavation governed by an excavation permit shall result in an average elevation of less than twenty-five (25) feet mean sea level (MSL) for that portion of the project site located on the aquifer recharge area. No excavation below the seasonal high water table is permitted. f. Prohibited Activities. No processing of the excavated material shall occur on the site. g. Dust and Erosion Control. All excavation activities, including the stockpiling of excavated materials, shall ensure that erosion does not occur and must control dust or the blowing of excavated materials. h. Time Limitations. Excavation shall be completed within one year and all stockpiled fill removed within six months of the completion of the excavation, except when otherwise authorized by a phasing schedule of an approved site plan, preliminary plat, or preliminary development plan. A permit may be renewed by paying a renewal fee and filing a report demonstrating that the permit criteria have been met.. i. Operating conditions of Excavation (1) Hours of Operations. Excavation shall be permitted to operate between the hours of 7:00 a.m. to 5:00 p.m. on weekdays; operation on Saturday and Sunday, and/or operations other than between 7:00 a.m. to 5:00 p.m. may be permitted by the City Engineer if the impact of the excavation operation on surrounding properties will not constitute a nuisance to the neighborhood. f (2) Permanent Boundary Markers. Permanent project boundary corners, with intermediate stakes at a minimum interval of three hundred (300) feet, and all limits of excavation shall be staked, marked and maintained with visible flags in the field, in accordance with approved plans for the permits. j. Completion Report. Within sixty (60) days of the removal of all excavated materials from the site, a record drawing by a surveyor or engineer registered in the State of Florida shall be provided to the City Engineer at the completion of the permitted project. The record drawing shall contain sufficient information to indicate that all of the requirements of this code have been met, shall include cross -sections of the excavation and a plan drawing which locates the extent of the excavation with dimensions to all property lines, and shall certify that the excavation has been completed as permitted and is consistent with the approved plan. k. Requirement of bonds and forfeiture. (1) Intent. Compliance and restoration bonds shall be posted to ensure that the site is developed, operated, and restored in conformance with the approved mining site plan. The compliance bond can be assessed as a penalty only to violations of site plan approval that are chargeable to the mining permit holder, and those under his supervision, direction, or control. The restoration bond is to provide funds to restore the site. Land Development Code Page VII-19 City of Sebvaan 6/8/2000 4:03 PNi Chapter n: Districts and General Regulations Article VII: General Regulations (2) Amount. The compliance bond shall be posted in the amount of one thousand eol� dollars ($1,000.00) per acre of project site with a minimum of five thousand dollars ($5,000.00). The restoration bond shall be posted in the amount of one thousand dollars ($1,000.00) per acre of excavation with a minimum of five thousand dollars ($5,000.00). (3) Phasing. When one phase of twenty (20) acres or less is completed and in conformance with the submitted site plan for reclamation and rehabilitation, and in conformance with this code, the compliance and restoration bonds may be transferred to the next phase under the approved site plan. More than one phase at a time may be mined concurrently; however, each phase shall be fully bonded, as required by this code. (4) Renewal. Within thirty (30) days preceding bond expiration, a bond renewal or new bond, in form and amount approved by the city manager and city attorney, shall be filed in the City Clerks Office. This process shall be continued through the completion of each mining operation. (5) Forfeiture. Upon finding of noncompliance with the provisions of this code or the approved mining site plan or reclamation site plan, or failure to renew bonds within thirty (30) days of expiration, the building official shall notify the permit holder in writing of the noncompliance and the pending forfeiture of the compliance and/or restoration bond. This notice shall also include notice of the appeal process as set forth in section 54-1-2.2(D). 140"1 (a) The compliance bond shall be forfeited for violating the conditions of site plan approval including, but not limited to, unapproved off -site discharge of water, failure to confine hauling to approved -hauling routes, operating in violation of the safety, and/or security plan, excavating within required setbacks, mining of additional phases prior to restoration of the previous phase, and activity not consistent with permits issued by the city and other jurisdictional agencies. Upon appeal by the applicant, the city council may, upon determining findings of fact, conclude that the violation did not occur or was insignificant and may return all or part of the compliance bond. (b). The restoration bond shall be forfeited for violating the conditions of the restoration plan including, but not limited to, mine abandonment prior to restoration, restoration not completed with the approved timeframe, restoration not consistent with water management standards, and restoration activities not consistent with permits issued by the city and other jurisdictional agencies. After a hearing by the city council, and the determination of findings of fact, the city may use the funds to restore the site in accordance with the approved site plan. Any funds remaining after the completion of the work shall be returned to the bond holder. F. Water Management Standards 1. Creation or Expansion of a Water Body. Any excavation activity that results in the creation or expansion of a water body shall be subject to the following standards, except as specifically exempted in Section 54-2-7.15.C. Land Development Code Page VII-20 City of Sebastian 6/8/2000 4:03 PNf Chapter II: Districts and General Regulations Article VII: General Regulations a. Slope of Littoral Zone. The slopes of the water body areas from the top of bank to the 10011 littoral zone area shall not exceed one foot vertical to three (3) feet horizontal. The littoral zone slope shall not be steeper than an average slope of one foot vertical to six (6) feet horizontal. Although no minimum slope below the littoral zone is required, the slope below the littoral zone shall be constructed so that natural soil movement will not reduce the littoral zone area. b. Regulation of Environmental Impacts. There will be no significant adverse off -site impact on ground water quality or ground water levels. In the event of temporary dewatering during excavation, the applicant shall present evidence that no saltwater intrusion and/or *reduction in quality of well water available to properties within one - quarter mile of the permitted activity will occur. C. Design of Water Management System. The water management system, including swales, interconnected wetlands, and lakes, must be specifically designed to inhibit siltation and the eutrophication processes. To ensure this, the applicant must submit an environmental management and lake monitoring plan, which meets with the approval of the City Engineer, specifying the method for monitoring the system and corrective action should eutrophication and/or siltation occur. d. Maintenance Easement. A twenty -foot -wide access maintenance easement shall be provided for every one thousand (1,000) feet of shoreline. This easement shall extend from below control elevation of the lake to a public or private road right-of-way. There shall be a minimum fifteen foot wide access around the water body. The City Engineer may require that such access be located in a maintenance easement. �t G. Use of Public and Private Roads Any excavation permit issued pursuant to this code shall be subject to the following provisions: 1. Hauling Activities Regulated. The applicant shall ensure that neither public nor private properties will be damaged by the hauling of excavated materials and that hazardous traffic conditions will not be created. All such applications shall identify and authorize the fill hauling route. If private roads or easements are intended to be used, written permission shall be submitted from the person or persons owning said road or easement as part of the application materials. No load limit shall be exceeded along the hauling route. 2. Protection of Improvements. Where deemed necessary by the City Engineer, mats, culverts, ramps, or paved drives shall be placed at entrances and/or exits of haul sites in such positions that pavement edges, shoulders, curbs, and sidewalks will be protected from damage. 3. Responsibility for Damage. Where damage occurs at the access point to a City, county, or state road from a permitted project, the permittee shall be responsible for repairs, and no future development permits shall be issued for the site until the damage has been repaired to the satisfaction of the applicable governing body. To ensure compliance, security may be required by the City in an amount and form to be approved by the City engineer and the City attorney. 4. Cover Required on Hauling Vehicles. Vehicles hauling materials via public roads shall be covered in a manner to prevent spillage, to the satisfaction of the City Engineer. Land Development Code Page VII-21 City of Sebastian 6/8/2000 4:03 PN1 Chapter II: Districts and General Regulations Article VH: General Regulations 5. Identification Required on Hauling Vehicles. All hauling vehicles shall have the trucking company name, mailing address, and telephone number prominently displayed on both sides of emt� the vehicle in letters at least three (3) inches in height and in a color contrasting that of the truck. H. Inspection and Revocation of Permits 1. Right of Entry. The City shall not be denied the right to enter the project site for inspection at any time during the permit period. 2. Finding and Notice of Noncompliance. Upon the finding of noncompliance with any provision of this Land Development Code, the City Engineer shall notify the permit holder in writing of the noncompliance. Unless an immediate safety hazard exists, the permittee shall be given five (5) working days to correct the violation, after which time the permit shall be suspended if the violation is not corrected. 3. Action to Prevent or Minimize Threat to Life and Property. In cases where a violation of a section of this Land Development Code poses an immediate threat to life and property, as determined by the City engineer, the permit shall be suspended by the City engineer and the permittee shall be immediately notified of the suspension and of his duty to begin immediate mitigation and correction of the hazard. If such mitigation and correction does not progress to the satisfaction of The City Engineer, the City shall have the right to make all necessary corrections at the applicant's expense. 4. Procedure for Filing Appeal. Any person receiving written notice of suspension of a permit may, within fifteen (15) days following the date of such notice, enter an appeal in writing to the City council. Such written appeal shall be deposited with the City clerk who shall stamp thereon the date and time received. Such written appeal must include a description of the property, the date of the notice of violations, and the number of such notice. The City council shall, within fourteen (14) days, hold a hearing on this appeal. At the conclusion of such hearing, the City council may continue the suspension, modify the suspension, revoke the excavation permit, or reverse the decision of the City engineer. The City Council shall not act upon any appeal, which is filed later than the fifteen (15) days notice set forth above. SECTION 54-2-7.16: SWIMMING POOLS Prior to commencing construction of swimming pools, a building permit must be obtained. The following provisions shall be enforced in regulating construction of swimming pools. A. Application. The Building Department will receive and act on applications for a building permit. The application shall be accompanied by detailed pool plans, illustrating the location of mechanical equipment and also safety barriers, fences, screening, or other improvements to be constructed. The plans shall comply with the Standard Swimming Pool Code. B. Required Fencing. All swimming pools shall be completely enclosed with a fence or wall at least four (4) feet high and so constructed as to not be readily accessible by small children. C. Regulation of Gates and Doors to Swimming Pools. All gates or doors providing access to the pool area shall be equipped with a self -closing and self -latching device installed on the pool side at a A'"�1 minimum height of 3 %Z feet, except that the door of any dwelling which forms a part of the enclosure need not be so equipped. Land Development Code Page VII `?2 City of Sebastian 6/8/2000 4:03 PM Chapter II: Districts and General Regulations Article VII: General Regulations D. Regulation of Lighting for Swimming Pools. Lighting for swimming pools shall be shielded in a manner that will confine illumination to the area of the pool. E. Regulation of Wastewater from Swimming Pools. Discharge of wastewater from such swimming pools shall be arranged in a manner, which will avoid septic tanks and/or drain fields, contamination or flooding of adjacent bodies of water or the flooding of adjacent properties. SECTION 54-2-7.17: MANUFACTURED HOUSING Manufactured housing may be permitted if the units comply with the following standards: • City's adopted building codes; • State of Florida building standards of CH. 320 and 553, FS; • U.S. Department of Housing and Urban Development Manufactured Home Construction and Safety Standards of 1974 (i.e., Section 320.823, FS); • All applicable provisions of the Comprehensive Plan and Land Development Code; • Adopted City Fire Codes; and • All manufactured housing shall be designed in a manner compatible with conventional housing including roof line, fenestration, foundation and similar features impacting compatibility. The finished floor elevation for manufactured housing shall be designed with site improvements necessary to preserve compatibility with surrounding structures. SECTION 54-2-7.18: HISTORIC AND/OR ARCHAEOLOGICAL SITES rol"IIN A. Necessary Precautions. Development activities shall include precautions necessary to prevent the following adverse impacts to historic or archaeological sites of significance: 1. Destruction or alteration of all or part of such site; 2. Isolation from or significant alteration to its surrounding environment; 3. Introduction of visible, audible, or atmospheric elements that are out of character with the property or significantly alter its setting; 4. Transfer or sale of a site of significance without adequate conditions or restrictions regarding preservation, maintenance, or use; and 5. Other forms of neglect resulting in its deterioration. B. Required Mitigation Measures. Development that impacts a historic or archaeological site or structure identified in the adopted Comprehensive Plan shall include a site plan that mitigates any potential adverse impacts. This site plan shall address the following impacts: 1. Destruction or alteration of all or part of such site; 2. Isolation from, or alteration of the surrounding environment; 3. Introduction of visual, audible, or atmospheric elements out of character with a property or change its setting; 4. Transfer or sale of the site of significance without adequate conditions or restrictions regarding preservation, maintenance, use or re -use; Land Development Code Page VII-23 City of Sebastian 6/8/2000 4:03 PNI Chapter II: Districts and General Regulations Article VH: General Regulations 5. Vegetation removal shall not be permitted on a historic or archaeological site unless the vegetation to be removed is a part of a duly authorized scientific excavation, or is a part of an (0011� approved development plan; and 6. Other forms of neglect resulting in resource deterioration. SECTION 54-2-7.19: AFFORDABLE HOUSING The City of Sebastian is committed to fair, open, and affordable housing and shall approve sites for affordable housing which are consistent with the Comprehensive Plan and Land Development Plan. The City shall not approve affordable housing development proposals unless such proposed sites are: 1. Serviced by potable water and central wastewater systems; 2. Accessible to employment centers, including shopping centers which accommodate stores offering household goods and services needed on a frequent and recurring basis; 3. Located on a paved street accessible to a major street identified on the City's major thoroughfare plan map; 4. Accessible to public parks, recreation areas, and/or open space systems; and 5. Located on sites having adequate surface water management and solid waste collection and disposal. /Omll� SECTION 54-2-7.20: DISPLAY OF BUILDING NUMBERS A. Definition of Building. For purposes of this section, the term "building" shall include any structure that is designed for people to occupy or is designed for the storage of goods in connection with a commercial, charitable, civic or religious activity. The "building" shall be deemed to include a residence, a structure used in connection with any business, and including a warehouse, but shall not include a residential garage or a residential accessory building which is not used by any persons for purposes of conducting a business or for purposes of sleeping. B. Display of Building Numbers Required. All buildings shall have the assigned address number displayed in a manner such that the building number is visible from the public or private street on which the building fronts, regardless of whether mail is delivered to the building. The address number to be displayed pursuant to this section shall be the address number assigned by the City, and no other address number shall be displayed except in accordance with the requirements of Section 54-2.7.2 1 (G). C. Condition of Release of Certificate of Occupancy. A certificate of occupancy will be not be issued for a new building until the address number has been displayed in accordance with the provisions of this section. D. Timing of Required Compliance. All existing buildings which are not in compliance with the provisions of this section shall be brought into compliance by the owner of any such building within thirty (30) days after the owner is provided with written notice of noncompliance by the City. E. Criteria Governing Compliance. A building shall be considered in compliance with the provisions of this section if the following criteria have been met: 1. The address number is in Arabic numerals that are clear and in good condition; Land Development Code Pie VII-24 City of Sebastian 6/8/2000 4:03 PM Chapter H: Districts and General Regulations Article VII: General Regulations 2. The material utilized for the number is constructed of weather resistant material and folt� permanently affixed to the building or sign upon which it is displayed; 3. The color and type of material which forms the address number is such that the address number is legible and reasonably identifiable from the street or improved right-of-way upon which the building fronts; QQ 4. Residential buildings shall have the address number that is at least four (4) inches in height; 5. Commercial and industrial buildings shall have its address number at least five (5) inches in height; 6. All buildings which have a monument sign on the same lot or parcel of land where the building is located shall display their address number on such sign and said address numbers shall not be parallel to the street and shall be on both sides of a two-sided sign. F. Lots with More than One Building. In addition to the criteria set forth in Section 54-2-7.2 1 (E), if the owner of a parcel of a lot or tract of real property which has only one street address has more than one building located on that lot or tract or real property, then each building shall have a unit number assigned to it and the unit number shall be displayed in a manner that allows it to be observed from the street or improved road right-of-way upon which each such building fronts and in close proximity to the main entrance to each such building. G. Lots with a Building Having More than One Unit. If a building, which has a single street address, has more than one residential unit, commercial unit or industrial unit, each such unit shall be assigned a separate number and each separate unit shall display its own unit number on or directly next to its main entrance for that unit. Each unit number shall be not less than five (5) inches in height. The requirements of this paragraph are in addition to the requirements set forth in Section 54-2-7.2 1 (E). SECTION 54-2-7.21: HOME OCCUPATIONAL LICENSES A. Authorizations. Home occupations are permitted in any dwelling unit subject to the following provisions. B. Provisional Criteria. Home occupations shall be permitted uses, subject to the requirements of this section and the respective zoning district 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 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 exceed twenty-three (23) feet in length and nine (9) feet in height. The parking or storage of commercial trailers and the storage of commercial boats shall be done in compliance with the provisions of Section 54-3-10.2 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. Land Development Code 6/8/2000 4:03 P1V1 Page VII-25 City of Sebastian Chapter II: Districts and General Regulations Article VII: General Regulations 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 shall 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 exterior 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 flat 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. 4. No activities pertaining to the home occupation shall be conducted in any accessory building or garage or anywhere outside of the principal dwelling. Such prohibited 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 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), eo*1 above. Therefore, all such equipment and vehicles shall be stored on real property zoned for such storage if stored within the city limits of the city. 6. No commodity or product of any home occupation shall be delivered from the 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 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 a 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 monetary gain or profit. All such equipment must be located within the twenty (20) percent area described in clause (5), above. 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 causes visible or audio 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, no home occupation, other than an address of convenience, shall be allowed. A home occupation shall be considered as an "address of convenience" if the activities thereof consist solely of receiving phone calls, making phone calls, receiving mail or keeping business records of the home occupation. Land Development Code Page VII-26 City of Sebastian 6/8/2000 4:03 PM Chapter II: Districts and General Regulations Article VII: General Regulations 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 applicant for a home occupation shall submit a sworn application, on the application form provided by the city, to the Finance Director 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 processing for sale, kennel, animal grooming, radio or television repair, furniture building, 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 hereinbefore listed. 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 Growth Management Director or his designee with a current, valid copy of any such license or permit before the home 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. C. Application and Fees. Any person desiring to establish a home occupation, as authorized herein, shall submit an application for a home occupation permit to the Growth Management Department. The application shall be on a form provided by the Growth Management Department and shall include all f4**N information required for a complete application. All such applications shall also be accompanied by a fee, as established by the City Council. Applications shall be approved, approved with conditions, or denied by the Growth Management Director. f0001N 1. 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 approval of the home occupational license 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. 2. Any home occupation permit granted pursuant to this section may be revoked by the Growth Management Director 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 Government, including any agency, department or bureau thereof. Land Development Code Page VII-27 City of Sebastian 6/8/2000 4:03 PM Chapter U: Districts and General Regulations Article VU: General Regulations D. Appeal of Growth Management Director Decisions. Any applicant for the home occupation permit f may file an appeal to the Planning and Zoning Commission to review the action of the Growth Management Director in failing to approve such application or in revoking any home occupational permit, which appeal shall be in writing and filed with the Growth Management Department within ten (10) days from the date of final actions of the Growth Management Director. The Growth Management Director shall place the matter of appeal on the Planning and Zoning Commission agenda as expeditiously as possible. The Planning and Zoning Commission 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 Planning and Zoning Commission shall prescribe, at which time all interested parties shall have the right to appear before the Planning and Zoning Commission in regard thereto, the Planning and Zoning Commission shall render its decision therein. The decision of the Planning and Zoning Commission shall be final unless otherwise appealed by the aggrieved party to the City Council, within thirty (30) days of the final decision of the Planning and Zoning Commission. /'0 E. Termination. Whenever a home occupational permit shall have been granted, it shall not be considered to run 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. Land Development Code Page VII-28 City of Sebastian 6/8/2000 4:03 PM