HomeMy WebLinkAboutArticle XXIARTICLE XXI: PERFOP-ALkNCE OVERLAY DISTRICTS
SECTION 54-4-21.1 L iTENT
The intent of this section is to describe certain Performance Overlay zones used to impose special
development restrictions on identified areas. The location of Performance Overlay zones is established
by the City of Sebastian based on the need for special protective measures in that area. The underlying
uses in the area, as determined in Chapter II of this Code, remain undisturbed by the creation of the
Performance Overlay zone. The Performance Overlay zone merely imposes additional or different
development standards than those that would otherwise apply.
SECTION 54-4-21.2: PURPOSE
The overall purpose of these regulations is to:
a. Promote an attractive and inviting corridor;
b. Provide for a sufficient amount of attractive and well -maintained landscaping to complement
buildings and structures within the corridor.
c. Encourage development of attractive buildings within the corridor,
d. Ensure unobtrusive and orderly signage that averts a garish and visually cluttered appearance along
the corridor.
e. Encourage creative designs and buildings of quality;
f. Foster creative approaches that result in buildings of enduring character through use of quality design
and building materials; and
g. Make the Overlay Districts consistent with their vision statements.
SECTION 54-4-21.3 SPECLAL REGULATIONS A_ND EXEMPTIONS
A. Exemptions. Within the Performance Overlay Districts, the following exemptions shall apply:
1. Single-family development and redevelopment shall be exempt from all Performance Overlay
District special development regulations.
2. Industrial and storage buildings located within an industrial district shall be exempted from
foundation planting landscaping requirements and architecturalibuilding requirements only if no
building facades abut a residentially zoned area or front on public or platted roads. All industrial
buildings shall satisfy the color requirements.
3. Electrical substations and similar public or quasi -public facilities that prohibit access by the
public onto the site may be exempted from architectural/building requirements, if the exempted
building(s) and equipment will be visually screened from adjacent properties and roadways.
B. Uses. With the following exceptions, uses within the Performance Overlay Districts shall be as
specified in Article V of this Code.
1. Outdoor displays. No outdoor displays shall be permitted unless approved by the Planning and
Zoning Commission pursuant to Section 54-3.10.2.D.
2. Uses with Vehicle and Service Bays. Uses involving vehicle and service bays that are oriented
perpendicular to CR 512 are allowed only if a Type "B" buffer with a four (4) foot high opaque
feature is provided along the site's CR 512 frontage.
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Chapter M Administration of Plan Review and Subdivisions
Article XXI: Overlay District Regulations
3. Underground Utilities Services Required. Wbere new utilities services (e.g. electrical, phone,
cable) are provided to project sites, such service shall be installed underground.
4. Connection to Pedestrian Systems. Projects fronting on roads with existing or planned/required
sidewalks and/or bikeways shall provide a pedestrian path from the project to the existing or
future sidewalk and/or bikeway. Said pedestrian path shall have a minimum width of five (5) feet,
shall consist of a rigid surface meeting Florida Accessibility Code requirements, and may include
properly marked areas that cross parking lots and driveways.
SECTION 54-4-21.4: PLAN APPROVAL,
In the Performance Overlay Districts, development and redevelopment requiring administrative, minor
modification or site plan approval and exterior renovations shall comply with the districts plan
requirements. The area of development for such projects shall be the area of the site containing buildings,
additions, structures, facilities or improvements proposed by the applicant or required to serve those items
proposed by the applicant.
SECTION 54-4-21.5 SUPPLEMENTARY REQUIREMENTS FOR SITE PLAN
SUBMITTAL AND REVIEW
A. Preliminary Review of Site Plans. Preliminary staff review of site plans is mandatory, including
review of landscaping and tree preservation plans, architectural plans, lighting plans, and color and
exterior finish samples.
B. Site Plan Review. The drawings listed below are to be submitted in a minimum twenty -four -inch by
thirty -six-inch format, and are to be the largest scale, which will fit on a twenty -four -inch by
thirty-six inch format. In addition to normal site plan review submittal requirements, the following are
to be submitted at the time of site plan review:
1. Site Plan. This plan shall indicate setbacks and all site development as required by the site plan
ordinance, and shall depict: building orientation; locations of signage, location of service areas,
dumpsters, loading zones, mechanical equipment, and any other "visually offensive elements" as
described in these requirements, including locations and specifications of screening devices.
2. Tree Plan. This plan shall indicate location, diameter at base height (dbh) four and one-half (4.5)
feet above grade, and species of all trees six—inch caliper (measured at dbh) and larger.
3. Landscape Plan. The landscape plan may be incorporated into the site plan. It shall include
calculations demonstrating compliance with Article XIV and the special landscaping
requirements as established within each district.
4. Building Floor Plans. This plan shall depict general location of entries and exits, restrooms, and
general uses.
5. Roof Plan. This plan shall indicate roof type, slope, and any offensive elements (as described in
these requirements) and descriptions of screening devices.
6. Building Elevations. This plan shall include all exterior -building elevations, including all items
affecting the appearance of the building, including roof design, complete description of exterior
/OW*N building materials, exterior building colors, all loading zones, mechanical and electrical
equipment locations and their required screening devices, and signs attached to buildings.
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/00*N 7. Certifications. The plan shall include certifications from the project architect or engineer that
proposed roof plans and elevation plans satisfy the Overlay Districts architectural building
standards.
8. Other Requirements. Prior to site plan release, applicants shall submit to Planning and Growth
Management Department three sets of the following and shall obtain planning staff approval of
each component:
a. Site Lighting Plan. The site lighting plan may be incorporated into the site plan. It must
indicate the site lighting plan, as well as a light fixture schedule with cut sheets (written
specifications and pictorial representation including photometric chart) for all site lighting
fixtures. This includes any site lighting fixtures attached to buildings.
b. Sign Elevations (minimum scale: 3/4" = V-0"). These are to be detailed drawings of
building and site signage including all items affecting the appearance of signs, including but
not limited to: dimensions, area in square feet, complete description of finish materials and
their colors, color samples (minimum size three (3) inches x five (5) inches, using Pantone
Matching System numbers with color number on back of each sample) and method of
illumination. This is required for all outdoor signs except those, which cannot be determined
because the occupancy of the space is not known. Any signs not reviewed at site plan review
time for this reason must be reviewed under these requirements prior to the issuance of a sign
permit.
c. Building Color Samples (minimum sample sizes: three (3) x five (5) inches): Exterior and
exterior signage color samples shall be submitted.
d. Certification. Certification from the project architect or engineer that the proposed site and
exterior building lighting, proposed signage, and proposed building and signage colors
satisfy the Overlay Districts lighting, signage and color standards.
C. Approval for Change of Exterior Design Required. Changes to the exterior of any structure in the
Overlay Districts shall require review and approval by the Planning and Growth Management
Department. Such changes shall include, but not be limited to, colors, building materials, roof finishes
and signage. Routine maintenance and replacement of materials which do not affect the approved
exterior design shall be exempt from such review and approval.
SECTION 54-4-21.6 WA [VERS
As part of an application for development, a request may be made for a waiver of any of the provisions of
this article. The request shall be heard by the Planning and Zoning Commission in determining if any
such provision be waived, modified or applied as written. The Planning and Zoning Commission shall
hold a quasi-judicial hearing on the requested waiver. The criterion for granting a waiver or modification
of any of the provisions of this article is whether the strict interpretation of the requirements of this article
places an inordinate burden on the property owner as defined by Florida Statutes. The waiver procedure
herein is the exclusive remedy to the application of the provisions of this article and is to be utilized in
lieu of an application for a variance.
Historic Buildings. The Planning and Zoning Commission may waive the requirements of the
Performance Overlay Districts for the purpose of preserving a Historic building.
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Chanter IV: Administration of Plan Review and Subdivisions
Article X. : Overlay District Regulations
A. RIVERFRONT OVERLAY DISTRICT REGULATIONS
SECTION 544-21.A.1 INTENT
This Riverfront Overlay District is designed to encourage development and redevelopment within the
Piverfront District that includes promotion of traditional building types with arcades, balconies, and
porches. Additionally, the intent of the district is to create a sense of place and promote social interaction
on the streets of the Riverfront District and encourage durable construction that is harmonious with the
architectural heritage known as the "Old Florida Fishing Village" of Sebastian.
SECTION 544-21.A.2 BOUNDARIES
A. Established: A special Performance Overlay district is hereby established to be known as the
"Old Florida Fishing Village" Riverfront District.
B. Boundaries: The Riverfront District shall include that portion of the City of Sebastian located
east of the Florida East Coast Railroad to and including the Indian River, north to the city limits
and south to the south City limits located approximately at the south section line of section 6,
township 31S, range 39E.
C. Riverfront District Requirements: All development in the Riverfront District shall comply
with the requirements of this article. The standards and requirements set forth below shall apply
to new development, conversion in use from residential to commercial, and to building exterior
refinishing.
/10� SECTION 544-21.A.3 GENERAL
A. Scope: The design of all structures in the Riverfront District shall comply with the requirements
of this code. This pertains to any building, group of buildings, site development, alterations
affecting building's exterior, parking lots, and vehicular use areas. Compliance with the
provisions in this code shall be reviewed by the Growth Management Department, Planning and
Zoning Commission and the City Council as appropriate. Precedence shall not be set by any
project or variances approved by the Growth Management Department, Planning and Zoning
Commission, City Council, or the Board of Adjustment
B. Approval for Change of Exterior Design Required: Any exterior change of any structure in
the Riverfront District shall require review by the Growth Management Department. Such
changes shall include, but not be limited to, colors, building materials, roof finishes, and signage.
Changes to the architectural features or style, landscaping, or signs shall be approved by the
Growth Management Director. Modifications to the site plan shall be approved in compliance
with the site plan modification process in Article X. Routine maintenance and replacement of
materials which does not affect the approved exterior design shall be exempt from this paragraph.
C. Prohibited Architectural Styles: The following are not considered to be consistent with the
"Old Florida Fishing Village" architectural style nor appropriate for the Riverfront District and
are prohibited:
1. Corporate signature or commercial prototype architecture, unless such is consistent with
/001IN all requirements of this code. Examples of such include, but not limited to, flat roofed
convenience stores and gas stations.
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2. Buildings which are of symbolic design for reasons of advertising and buildings which
are not compatible to the atmosphere of Riverfront District. Examples of such include
"A frame" style roofs, garishly colored roofs, translucent architectural elements, and the
like. Symbols attached to buildings will not be allowed unless they are secondary in
appearance to the building and landscape, and are an aesthetic asset to the building
project and neighborhood.
3. Any kitsch architecture (pretentious bad taste) which does not resemble a typical
structure. Examples of such include, but not limited to, structures that resemble an
exaggerated plant, Fish, edible food, or other such items such as giant oranges, ice cream
cones, dinosaurs.
4. Any architecture having a historical reference that is so unique and different from current
design philosophy of an "Old Florida Fishing Village" that such reference is inconsistent
and/or incompatible with surrounding structures. Examples of such include, but not
limited to, igloos, domes or geodesic domes, Quonset style structures, teepees, log cabins,
medieval castle, caves.
Styles that are not in the "Old Florida Fishing Village" theme. Art Deco style is
prohibited.
SECTION 54-4-21.A.4 SPECIAL PROVISIONS.
A. Provisions: The "Uses" below must follow all criteria set forth in this code. The following are
added criteria for each specific "Use":
1. Residentially Designated Properties. The following materials are approved for use in
residentially designated areas: fiberglass or asphalt shingle -style roofing for sloped roofs
and visible roof structures, and textured plywood as a finish product. Rooftop screening
devices shall not be required for attic ventilators or plumbing roof vents on residentially
designated properties. However, roof ventilators, roof vents, and the like shall be located
where they will be least visible from roadways.
2. Commercial Centers And Out -parcels. The materials, exterior finishes, signage and
colors of shopping centers and structures developed on shopping center outparcels shall
be compatible and harmonious with each other as determined by which structures are
developed first. This requirement may be waived by the Planning and Zoning
Commission if.
a. The initial shopping center or outparcel was built prior to the enactment of the
Riverfront District special regulations and
b. It is determined by the Planning and Growth Management Department that
enforcement of this requirement would conflict with the intent of these Riverfront
District special requirements.
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SECTION 54-4-21.A.5 DESIGN CRITERIA_
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A. General Design Criteria:
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1. Buildings with facades fronting on more than one street should have equal design
considerations and consistent detailing on all street frontages.
2. Porches on the front building facade are encouraged.
3. Wood picket fences, wrought iron fences or landscape buffers are encouraged along the
front property line, on corner lots and along the side property line. Arbors and trellises
are permitted in the front yard. Except for arbors and trellises, the minimum height of
fences shall be three feet and the maximum height shall be four feet. The maximum
height for arbors and trellises shall be ten feet. Above fences, architectural features of up
to twelve inches shall be allowed. Such features shall be spaced a minimum of ten feet
apart. Chain link fences are not permitted in the front yards. Walls are discouraged. All
walls shall be constructed of brick or other decorative materials and shall not exceed 4
feet in height.
4. If a building facade is 100 feet or more in width measured parallel to the nearest body of
water, a open vista of at least ten feet in width and eight feet in height shall be required
within the building's facade to allow a visual corridor from the public right-of-way to the
adjacent body of water.
B. General Items Which Are Prohibited:
1. Flat, blank, unarticulated, or massive facades are prohibited. Facades located within view
of a roadway are to incorporate architectural elements providing breaks in the planes of
exterior walls and/or roofs. Facades located within view of roadway are to be designed to
lessen the appearance of excessive bulk (this is especially important for large-scale
commercial structures). Facades can be divided by use of: proportional expression of
structure, openings, arcades, canopies, fenestration, changes of the building, and the like.
(Stepping or sloping of a parapet wall in conjunction with a low sloped roof is
prohibited.) Flat, blank, unarticulated, or massive facades will be permitted on the sides
and rear of a building where `Blank Facade Foundation Planting" is utilized (see
landscape section for requirements).
2. The following materials or systems for siding are prohibited as a finish and/or exposed
product: corrugated or ribbed panels, smooth finish concrete block (standard concrete
masonry units), precast concrete tee systems, plywood or textured plywood (except
vertical board and batten). Plywood will be allowed for soffit material.
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Chapter IV: administration of Plan Review and Subdivisions
Article XI: Overlav District Regulations.
3. Any canopy (such as for a gas station, car wash, or drive -through facility) that is wholly
or partially within seventy-five (75) feet of a thoroughfare plan road right-of-way shall
meet the following requirements concerning maximum fascia height (This pertains to all
fascia on the above described canopy including any canopy fascia that continues beyond
the seventy five-foot limit.):
ROOF SLOPE DISTANCE
Less than 10 feet
10 to 20 feet
Greater than 20 feet
NLA_ NfLQv1 FASCIA HEIGHT
8 inches
12 inches
16 inches
4. Plastic or metal is prohibited as a finish material for walls or trim. Plastic is prohibited as
a finish material for sloped roofs, visible roof structures, and fascias. Although prohibited
in general, certain metal and plastic construction products may be approved by the
Planning and Zoning Commission, upon a written request and product sample submitted
by the applicant. The Planning and Zoning Commission may approve use of the material
if the following criteria are satisfied:
i. The product shall appear authentic from the closest distance that it will be viewed by
the general public.
ii. The product shall be substantial. Thin and flimsy imitations are unacceptable.
iii. The product shall hold up as well as the product it is imitating. That is, it must be
f�1 fabricated in such a way that it will retain its original shape, appearance, and color, as
well as the product it is imitating.
iv. The product's color shall resemble the color of the product it is imitating.
5. Any exposed masonry in a stack bond is prohibited.
6. Lighting that follows the form of the building, parts of the building, or building elements
is prohibited.
7. Neon lighting, fiber optics, or similar system trim where the neon tube, fiber optics or
similar system is visible is prohibited (This restriction includes site signage)
8. Backlit transparent architectural elements, backlit architectural elements, as well as
illuminated or backlit awnings and roof elements are prohibited. This does not prohibit
the use of glass blocks or the use of an illuminated sign attached to a building.
9. Facades that appear to be primarily awnings are prohibited. An awning shall not run
continuously for more than thirty (30) percent of the length of any single facade.
Placement of awning segments shall relate to building features (e.g. doorways and
windows), where possible. Awning segments shall not exceed twenty-five (25) percent
of the length of any single facade.
10. "Drive -up" windows or "amusement loud speakers" located on a building facade that
faces a residential use are prohibited. They shall not be located on a building facade that
faces Indian River Drive except for special events as permitted by the City Council .
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11. Accessory structures, including sheds, our -buildings, dumpster enclosures, and screening
structures, shall match the style, finish, and color of the site's main building. Nfetal utility
sheds and temporary car canopies are prohibited.
C. Roofs and parapets:
1. Slope Roofs: Gable, hip, and shed style roofs shall have a slope no less than 5:12
(rise:run) and not greater than 10:12 (rise:run). Mansard style roofs with a slope greater
than 10:12 (rise:run) are prohibited. Generous eaves on sloped roofs are encouraged.
Any roof with a slope less than 5:12 (rise:run) ("low sloped roof') shall not be visible
from a roadway. Low sloped roofs must be screened with a visible roof structure or
parapet wall. Sheds, porches and balcony roofs shall have a slope no less than 3:12
(risemin).
2. Visible roof structures: Visible roof structures shall be of such height, bulk, and mass,
so as to appear structural, even where the design is non-structural. Visible roof structures
shall have a minimum vertical rise of six feet (not including fascia). Visible roof
structures shall have a slope no less than 5:12 and not greater than 10:12 (risemin).
Mansard style visible roof structures with a slope greater than 10:12 (rise:run) are
prohibited. Where visible roof structures are utilized in a building design, they shall be
continuous around all sides of the structure, except where incorporated with a parapet
wall or other architectural element (this does not allow "Stuck -on" roofs). Any facade
that is not visible from a roadway will not require a continuous visible roof structure on
that facade. Any building with less than 3500 square feet of enclosed space and utilizing
a low sloped roof must have a visible roof structure on all facades which are visible from
a roadway.
3. The Following Roof Styles Are Prohibited. "A -frame," bowstring, dome, gambrel,
non -symmetrical gable or hip (different slope on each side of ridge), quonset, and
po[ynesian. gable or hip roof with up to a 10:12 (rise:run) maximum pitch with a
"skirted" or "flared" lower portion at a 3:12 (rise:run) minimum pitch is allowed.
4. The ridge or plane of a roof (or visible roof structure), that runs parallel (or slightly
parallel) with a roadway shall not run continuous for more than 100' without offsetting or
jogging the roof ridge or plane a minimum of 16 inches or dormer windows or other
architectural feature that breaks up the roof. Low sloped roofs are excluded from this
requirement.
5. Roofing on sloped roofs and visible roof structures shall be limited to the following
systems:
a. Cedar shingles or shakes, slate, clay tile, or cement tile.
b. Steel, copper, and factory painted aluminum standing seam roofing.
C. 5-V crimp roof.
d. Galvanized metal or copper shingles of Victorian or diamond shape or pattern.
e. Three dimensional fiberglass or asphalt shingle.
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Article XM: Overlay District Regulations
Architectural standing seam roofs shall be limited to the following systems: flat metal
panels with narrow raised seams running 12 to 20 inches apart, which are secured with
continuous seam covers or mechanically seamed. Light and natural colors, as well as
mill finish metal roofs are encouraged. Mixing panel colors is prohibited and all building
roofs shall be of one color.
6. Roofing materials are prohibited for use as a finish material on parapets or any surface
with a slope greater than 10:12 (rise:run), up to and including vertical surfaces. This
pertains only to those surfaces visible from adjacent property, exclusive of access drives
or roadways. This does not exclude the use of metal fascia six inches or less in height.
This does not exclude the use of typical metal flashing, wall cap, drip edge, and the like.
This does not exclude the use of roofing materials as a screening device, as long as it
does not function as a building's parapet. This does not exclude the use of cedar shingles
or shakes as a wall materiel used below the roof line.
7. Plastic or metal roof panels or systems, corrugated or ribbed roof panels, hot mopped
systems, built-up, gravel, torched on, foam or fluid applied, roll or membrane roofing,
and the like are prohibited on any roof which is visible from any roadway and/or
residentially designated area. This does not exclude the use of architectural standing
seam metal roofing or galvanized 5-V crimp metal roofing.
8. Partial parapet walls are not permitted. If a parapet wall is used on a building, then a
parapet wail of the same style and material is to be continuous around all sides of the
structure, except where incorporated with a visible roof structure or other architectural
element. Introduction of any visible roof structure shall not appear "fake". Any facade
that is not visible from a roadway will not require a continuous parapet wall on that
facade. Stepping or sloping of a parapet wall in conjunction with a tow sloped roof is
prohibited.
D. Site:
1. All telephones, vending machines, or any facility dispensing merchandise or a service on
private property, shall be confined to a space built into the building or buildings, or
enclosed in a separate structure compatible with the main building's architecture. These
areas are to be designed with the safety of the user in mind. Public phones and ATMs
should have 24 hour access.
2. No advertising will be allowed on any exposed amenity or facility such as benches and
trash containers.
3. When feasible, existing specimen trees should be preserved in place or relocated on site.
Use of tree wells, as well as adaptation and variations of siting in order to conserve native
vegetation, is encouraged.
4. The use of thematic and decorative site lighting is encouraged. Low lights of a modest
scale can be used along with feature lighting that emphasizes plants, trees, entrances, and
exits. Light bollards are encouraged along pedestrian paths. The color of the light sources
(lamp) should be consistent throughout the project. Color of site lighting luminaries,
>a"N poles, and the like; shall he limited to dark bronze, black, or dark green (decorative
fixtures attached to buildings are exempt from the fixture color requirement).
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Article K'G: Overlay District Regulations
1001b� Lighting is not to be used as a form of advertising or in a manner that draws considerably
more attention to the building or grounds at night than in the day. Site lighting shall be
designed to direct light into the property. Lighting shall avoid any annoyance to the
neighbors from brightness or glare.
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�. Roadway style luminaries (fixtures) such as cobra heads, Nema heads, and the like are
prohibited. Wall pads and flood light luminaries are prohibited where the light source
would be visible from a roadway, parking area and/or residentially designated area. High
intensity discharge (e.g. high pressure sodium, metal halide, mercury vapor, tungsten
halogen) lighting fixtures mounted on buildings and poles higher than eighteen (1 S) feet
above the parking lot grade, and under canopies, shall be directed perpendicular to the
ground. Other than decorative and low level/low height lighting, no light source or lens
shall project above or below a fixture, box, shield, or canopy.
E. Screening Devices:
1. "Visually offensive elements," whether freestanding, mounted on roofs, or located
anywhere on a structure shall be concealed from view on all sides. Individual screens,
building elements, or appropriate landscaping, are to be used to completely screen the
offensive elements from view from adjacent roads, properties, and parking areas. Parapet
walls, visible roof structures, individual screens, or building elements shall be used to
completely screen roof mounted, visually offensive elements from view from any point
around the entire building perimeter. Screening devices shall relate to the building's style
of architecture and materials. All screening devices shall be designed so that no part of
the offensive element extends beyond the top of the screen, measured vertically. Rooftop
screening devices shall not be required for plumbing roof vents which are less than four
(4) inches in diameter and less than twelve (12) inches above roof penetration. These roof
vents are to be located where they will be least visible from roadways.
2. "Nuisance elements" shall be visually screened from adjacent roadways and/or
residentially designated areas with solid walls in addition to any required landscaping.
Loading dock buffering shall meet standards of the landscape ordinance (Article X[V).
All other walls shall be a minimum of six (6) feet in height. All dumpster and trash
container areas shall be completely screened on all sides. A noise abatement enclosure
shall be used on HVAC equipment.
3. Individual screens and walls shall relate to the building's style of architecture and
materials. A durable material such as reinforced concrete masonry units is recommended
with an architecturally compatible finish. Wood fences as a screening device are
encouraged.
4. Chain link fencing, with or without slats, is prohibited as a screening device for screening
visually offensive elements and nuisance elements. Where chain link or similar fencing
is allowed to be used (e.g., around storm water ponds), such fencing shall be green or
black and shall be located and landscaped so as to visually screen the fencing from public
view.
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Article XXI: Overlay District Regulations
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F. Building Walls
The exterior walls of the Principal Building shall be constructed of any of the following materials
and in the following specified manner. All materials shall be used over the entire building or as
continuous horizontal blends only. No panelizing shall be permitted or other simulations.
1 . Stucco with a "float finish," smooth or coarse, machine spray, dash and troweled.
2. Wood Clapboard 5" to the weather.
3. Wood Shingles 7" to the weather.
4. Wood board or batten board of a board width from 8" to 18".
5. Wood shiplap siding smooth face 7" to the weather.
6. Coral, keystone or tabby.
7. Ashlar pattern, flush sawn finish.
8. Split face block.
G. Arcades and porches:
Arcades, balconies, or porches shall be constructed of materials either of wood or conform to the
construction of the Principal Building.
H. Garden walls:
The garden walls of the Principal Building shall be constructed of either wood, wrought iron, or
PVC lattice, or shall conform to the construction materials of the Principal Building, including
stone, brick, and stucco. Chain link fence concealed by landscaping may be used along the side
and rear of the property. No simulations shall be permitted.
Accessory Buildings;
Accessory structures, including sheds, out -buildings, dumpster enclosures, and screening
structures, shall match the style, finish, and color of the site's main building. Metal utility sheds
and temporary car canopies are prohibited.
SECTION 54-4-21.A.6 COLORS
A. Intent. The intent is to use colors that complement the adopted "Old Florida Fishing
Village" theme. Bright and garish colors, as a means of attracting attention to a business
are not characteristic of the RiverfTont District and are not compatible with this code's
objectives.
1. Whites, earthtones, and subdued greys are encouraged. These colors can be described
as being "softer", "older", "subdued", and "antique looking".
2. Fluorescent and bright colors are prohibited.
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B. Color Standards. All buildings and accessory structures within the Riverfront Overlay
District shall be limited to the colors listed in the Overlay Districts Master Color List.
C. Roof Colors (requirements for roofs that are visible from a roadway): Metal roof colors
shall consist of natural mill finish, white, light neutral colors in the warm range, and a
limited number of earth -tone colors. Mixing or alternating colors of metal panels is
prohibited. For remaining roofs, the following shall dictate: Other than natural
variations in color or color blends within a tile, the mixing or alternating of roof color, in
the same roof material is prohibited. Colors and color blends shall not be contrary to the
intent of this code. Color for roofing which is glazed, slurry coated, or artificially colored
on the surface by any other means shall be limited to the same colors as approved for
metal roofs.
D. Natural Finish Materials: The color requirements listed above shall not apply to the
colors of true natural finish materials such as brick, stone, terra costa, concrete roof tiles,
slate, integrally colored concrete masonry units, copper, and wood finishes. Colors
commonly found in natural materials are encouraged, unless such material has been
artificially colored in a manner which would be contrary to the intent of this code.
E. Awning Colors: Awning colors shall be consistent with item A above.
F. Overlay District Master Color List. The Overlay Districts Master Color List and
approved color board shall be maintained and made available by the Planning and
Growth Management staff. The list can be mailed or faxed upon request.
f0`1 SECTION 54-4-21..A.7. LANDSCAPE REQUIREMENTS
A. Purpose: The purpose of the Riverfront District Landscape Code is to emphasize the impact of
landscape design and maintenance on the health of the Indian River Lagoon and to enhance the
beauty of the Riverfront District.
B. Intent: The intent of the Riverfront Landscape Code is to promote wise landscape design that can
benefit the Indian River Lagoon with reduced irrigation, fertilization, and pest control needs.
1. Encourage the use of native plants_ Large oaks and cabbage palms are among the
many native plants which can give the feel of "Old Florida Fishing Village". dative
plants properly sited can minimize maintenance costs and compliment the historic appeal
of the Riverfront District.
2. Put the right plant in the right place. Encourage the use of plants suited to the soil
conditions rather than the use of soil amendments.
Native plant list.
choosing indigenous
Lagoon.
This list of native plants is intended to assist the landowner in
landscaping that will have a minimal impact on the Indian River
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C. Requirements: All development in the River&= District shall comply with the Landscaping
requirements as described in Article XIV and shall comply with the following additional
requirements:
1. Landscape Strips
a. The width of the perimeter landscape strips shall be determined by the required
front, side and rear setbacks as described in the underlying zoning district. For
residential uses, the perimeter landscape strips shall be 25% of those setbacks.
For community facilities and commercial uses, the perimeter landscape strips
shall be 50% of those setbacks, but not less than ten feet. When a zero front
setback is allowed and is used, a front perimeter landscape strip between the
building and the property line is not required.
b. Required perimeter and interior landscape strips shall not be used for any other
uses including stormwater management.
C. No more than 25% of the required perimeter and interior landscape strips shall be
covered in sod or grass.
d. All required perimeter and interior landscape strips not sodded or grassed shall be
covered in recycled or environmentally friendly mulch. Lava rocks or other dark
rocks may be used in areas of high pedestrian traffic. River rock, gravel, pea
rock, or similar material is encouraged for use in the required perimeter and
interior landscape strips.
e. Within the perimeter landscape strips, the following landscaping shall be
provided per 100' (lineal feet).
1. 5 canopy trees.
2. 6 understory trees.
3. Continuous hedge: 3'-3.5' high at planting.
NOTE: The hedge shall provide a visual screen three (3) feet high above the
grade of the project site parking area. Hedge material shall provide full screening
to the ground; therefore, myrtles and shrubs with similar leafing characteristics
shall not be used for hedge material unless a double row arrangement is used. At
the time of a certificate of occupancy (CO) for the project site, the hedging shall
provide a three (3) foot visual screen, subject to City sight distance requirements.
Clustering of trees along the buffer strip is encouraged, and uniform spacing of
trees is discouraged, except where used to emphasize a particular planting theme
or development style.
2. Foundation Plantings. Foundation plantings shall be required as stated below for
buildings in commercial and industrial areas and for businesses allowed in residential
areas. However, for industrial and storage buildings located in the commercial, industrial
and mixed use zoning districts, foundation planting strips shall be exempt for sides of
buildings not fronting on a residentially designated area, or public or platted road.
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a. Along the front, sides and rear of buildings, the following foundation planting
landscape strips shall be provided in accordance with the building height:
BUILDING HEIGHT FOUNDATION PLANTLYG STRIP DEPTH'
Up to 12 feet high 5 feet depth
12 feet to 25 feet high 10 feet depth
Over 25 feet high 15 feet depth
' A distance measured perpendicular to the building, from the foundation outward.
b. Within such foundation planting landscape strips, the following landscaping shall
be provided:
(1) Forty (40) percent of the foundation perimeter (excluding entranceways
and overhead doors) along all building faces shall be landscaped, as
follows:
11
BUILDS (G HEIGHT I
LAYDSCAPE SPECIFICATIONS
Minimum plant material required:
i palm tree or appropriate canopy tree for every 10 lineal
feet of planting strip (clustered).
•
1 understory tree for every 20 lineal feet of required planting
strip.
•
3 shrubs for every 10 square feet of required planting area.
•
Ground cover, flowering plants or sod in the remaining
planting area
For buildings of 12 to 25 feet in •
10 feet minimum planting area depth
height: 0
1 canopy tree for every 10 lineal feet of planting strip (3 .
palms with a minimum height of 12 feet each may be
substituted for each canopy tree).
•
1 understory tree for every 20 lineal feet of required planting
strip.
•
3 shrubs for every 10 square feet of required planting area.
•
Ground cover, flowering plants or sod in the remaining
plantin.a area
For buildings over 25 feet in height: •
15 feet minimum planting area depth
•
1 canopy tree for every 7 lineal feet of planting strip (3
palms with a minimum height of 16 feet each may be
substituted for each canopy tree).
•
1 understory tree for every 10 lineal feet of required planting
strip.
•
3 shrubs for every 10 square feet of required planting area.
•
Ground cover, flowering plants or sod in the remaining
planting area
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(2) The following modifications are allowed upon approval from the
Planning and Growth Management Director or other designee:
i. Foundation planting strips my be located away from buildings to
avoid conflicts with architectural features (e.g., roof overhangs).
driveways, and vehicular areas serving drive -up windows.
ii. The depth of foundation planting strips may be modified if the
overall minimum area covered by the foundation plantings
proposed meets or exceeds the area encompassed by the required
foundation planting area
D. Increased Foundation Plantings for "Blank Facade" Building Faces. As referenced in the
architectural/building standards section of this plan, "blank facade" building faces that are
unarticulated are allowed if foundation plantings are provided as specified above with a one
hundred (100) percent increase (doubling) in required plant material quantities (as specified
above).
E. Increased Canopy Tree Size. All canopy trees required under normal landscaping and buffering
requirements and special Riverfront corridor plan requirements for projects within the corridor
shall have a minimum height of twelve (12) feet and minimum spread of six (6) feet at time of
planting. Palm tree clusters may be used as canopy trees as specified in the landscape ordinance.
However, such palm trees shall have a minimum clear trunk height of twelve (12) feet.
F. Other requirements. For parcels east of Indian River Drive, the landscape plan shall include a
description of the existing and proposed shoreline and wetland vegetation.
G. Native Plants for the Sebastian Riverfront District
Native plants can help to preserve and foster the feeling of an "Old Florida Fishing Village".
These plants are well -adapted to Florida life and, properly -sited, thrive with minimal irrigation,
fertilization, and pest control. The Association of Florida Native Nurseries can assist with
availability information. The following plants are encouraged in the Riverfront District.
Canopy trees
Red maple ..............................................
Acer rubrum
Paurotis palm ..........................................
Acoelorraphe wrightii
Southern red cedar .................................
Juniperus silicicola
Southern magnolia ..................................
Magnolia grandiflora
Red mulberry ..........................................
i'vIorus rubra
Redbay...................................................
Persea borbonia
Sand pine ...............................................
Pinus clausa
South Florida slash pine .........................
Pinus elliotti var. densa
Live oak ..................................................
Quercus virginiana
Sabal palm ..............................................
Sabal palmetto
Cypress ...................................................
Taxodium sp.
Hercules club ..........................................
Zanthoxylum clava-herculis
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Article X' I: Overlav District Regulations
Understory trees
Tough bumelia........................................
Bumelia tenax
Buttonwood .............................................
Conocarpus erectus
Coralbean ...............................................
Erythrina herbacea
Florida privet. ..........................................
Forestiera segregate
Dahoon holly ...........................................
Ilex cassine
Black ironwood .......................................
K.rugiodendron ferreum
Simpsons stopper ...................................
?vfyrcianthes fragrans simpsoni
Wax myrtle ..............................................
Myrica cerifera
Sand live oak ..........................................
Quercus geminata
Shrubs/hedges
Beautyberry.............................................
Callicarpa americana
Jamaica caper ........................................
Capparis cynophallophora
Fiddlewood.............................................
Citharexylum fruiticosum
Seagrape................................................
Coccoloba uvifera
Varnish leaf .............................................
Dodonaea viscosa
Firebush..................................................
Hammelia patens
Florida privet ...........................................
Forestiera segregata
Yaupon holly ...........................................
ilex vomitona
Simpsons stopper ...................................
Myrcianthes fragrans simpsoni
Wild coffee..............................................Psychotria
nervosa
Needle palm ............................................
Rhapidophyllum hystrix
Saw palmetto ..........................................
Serenoa repens
Necklace pod ..........................................
Sophora tomentosa
Walters viburnum ....................................
Viburnum obovatum
Spanish bayonet .....................................
Yucca aloifolia
Ground covers
Beach bean .............................................
Canavalia rosea
Golden creeper .......................................
Ernodea littoralis
Yellowtop................................................
Flaveria linearis
Blanket flower .........................................
Gaillardia pulchella
Beach dune sunflower ............................
Helianthus debilis
Spider lily ................................................
Hymenocallis latifolia
Dwarf yaupon holly.................................Ilex
vomitoria var Schellings
Beach morning glory ..............................
ipomoea pes-capee
Beach elder ............................................
Iva imbricata
Coral honeysuckle ..................................
Lonicera sempervirens
Muhly grass .............................................
Muhlenbergia capillaris
Boston fern ............................................
Neprolepsis biserrata
Wild petunia ............................................
Ruellia caroliniensis
Red sage ................................................
Salvia coccinea
Spiderwort...............................................Tradescantia
ohiensis
Coontie...................................................
Zamia pumila
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Along the shoreline
Giant leather fern ....................................
Acrostichum danaeifolium
Black mangrove ......................................
Avicennia germinans
Sea -oxeye daisy .....................................
Borrichia frutescens
Railroad vine ...........................................
Ipomoea pes-capre
White mangrove .....................................
Laguncularia racemosa
Christmas berry ......................................
Lycium carolinianum
Red mangrove ........................................
Rhizophora mangle
Cordgrass...............................................
Spartina sp.
H. Approval for changes of Landscape Plan Required: Any change of a landscape plan in the
Riverfront District, originally required to comply with these landscape requirements , shall
require review and approval by the Growth Management Department. Such changes shall
include, but not be limited to, changes of plant material, height, location, colors, or hardscape
materials. Routine maintenance and replacement of materials which does not affect the approved
landscape plan shall be exempt from this paragraph.
Section 544-21.A.8 SIGN REGULATIONS
A. Scope: These special regulations consist of additional requirements above and beyond the City's
sign ordinance and shall supersede any less restrictive provisions found in the sign ordinance. All
signage shall comply with the requirements of the sign ordinance except as modified by these
special sign regulations. All signs within the district are intended to be consistent with and
further the "Old Florida Fishing Village" theme.
B. Prohibited Signs. The provisions stated herein are in addition to prohibitions listed in Article
XVI: Signage and Advertising. The following are prohibited:
1. Lights or illuminations that flash, move, rotate, scintillate, blink, flicker, or vary in intensity
or color, except for time -temperature -date signs. Public signs permitted pursuant to Article
XVI Signage and Advertising provisions are excluded from this prohibition and are allowed.
2. Electronic message boards and message centers, electronic adjustable alternation displays, or
any sign that automatically displays words, numerals, and or characters in a programmed
manner. Traffic regulatory and directional signs permitted pursuant to Article XVI Signage
and Advertising provisions are excluded from this prohibition and are allowed.
3. Portable or trailer style changeable copy signs, excepting approved special event signs.
4. Signs with the optical illusions of movement by means of a design that presents a pattern
capable of giving the illusion of motion or changing of copy.
5. Strings of light bulbs used on nonresidential structures for commercial purposes, other than
traditional holiday decorations at the appropriate time of the year.
6. Signs that emit audible sound, odor, or visible matter, such as smoke or steam.
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7. Neon lighting, fiber optics or similar systems, which exceed six (6) square feet in area, and
where the neon tube, fiber optic or similar system is visible from the outside is prohibited.
Neon lighting, fiber optics and similar systems shall not be used for outlining the building
including the windows.
8. Rough Plywood used for permanent signs.
9. Any material used in such a manner for a permanent sign that results in a sign having a
semblance to the look of a temporary sign but intended by the owner to be permanent.
10. Installation of an additional sign (or signs) that does not harmonize with the design or
materials of the initial sign, such as:
a. Attachment or mounting of signs where mounting hardware is left exposed.
b. Signs with different color cabinets, frames, or structure.
11. Appliques or letters of vinyl and similar materials for use on any permanent monument sign.
They are also prohibited for use on any permanent wall or facade signs that exceed three (3)
square feet. Window signs as allowed in this Article are excluded from this prohibition.
Regardless of size, appliques or vinyl letters are prohibited for use on plastic sign faces.
12. Changeable copy signs for office, industrial, commercial and residential uses, unless such
sign is incorporated within the allowable monument sign area.
C. Items that are Encouraged:
1. Attractive and durable materials such as the following are consistent with the "Old
Florida Fishing Village" theme and are encouraged:
a. Shaped and fashioned "wood look" multi level signs are encouraged (i.e.: sand
blasted or carved). Low maintenance, durable materials such as high density
polyurethane, PVC, and high performance vinyl are encouraged and preferred
over actual wood or medium density overlay (VIDO) plywood.
b. Internally illuminated aluminum cabinet with textured finish, and cut-out inset or
push through acrylic letters.
C. Backlit reverse pan channel letters (opaque faced) mounted on sign that is
harmonious with the project's architecture.
2. Encourage consistency in materials and continuity of the sign design for a permanent
sign.
3. Signage that relates to the building's style of architecture and materials is encouraged.
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D. Modifications of Sign Regulations
1. Maximum copy area: Reduce to 50% of what is allowed in Article XVI (Signage).
2. Required setbacks from property lines or right-of-way: No change.
3. Distance separating signs: No change.
E. Colors:
1. The following colors are encouraged for signage:
a. Use of earth -tone colors and pastels.
b. Darker backgrounds with light color sign copy.
C. Use of colors that match or are compatible with the project's architecture.
d. Colors such as medium or dark bronze are acceptable and encouraged. Polished
or weathered true bronze, brass, or copper metal finished are acceptable and
encouraged. Precious metal colors are allowed on sand blasted or carved "wood
look" style signs.
2. The following colors are prohibited for signage:
a. The use of shiny or bright metallic or mill finish colors (i.e.: gold, silver, bronze,
chrome, aluminum, stainless steel, etc.).
b. The use of garish colors (including but not limited to: purple, chartreuse and/or
fluorescent colors), unless such colors are part of a State or Federal registered
trademark.
F. Approval for Change of Sign Design Required: Any exterior change of signage in the
Riverfront District, originally required to comply with this sign ordinance, shall require review
and approval by the Community Development Department. Such changes shall include, but not
be limited to, changes of. sign area (square footage), sign copy area (square footage), sign copy
(this does not apply to "changeable copy" signage), height, shape, style, location, colors,
materials, or method of illumination. Routine maintenance and replacement of materials which
does not affect the approved design shall be exempt from this paragraph.
G. Special Provisions
Multi -tenant spaces: Multi -tenant spaces such as shopping centers, out parcels,
commercial complexes and parks, and office complexes and parks will be required to
submit to the Growth Management Department a sign program for review and approval.
This sign program shall communicate the coordination and consistency of design, colors,
materials, illumination, and locations of signage. In multi -tenant spaces where no
established pattern exists as described above, the owner of the multi -tenant spaces shall
be required to submit a sign program for approval prior to issuance of any new sign
permits.
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W
2. Wall S ignage:
a. The maximum vertical dimension of a facade or wall sign shall not exceed 25%
of the building height, not to exceed four (4) feet.
b. Awnings with lettering shall be considered a wall sign. Where lettering is used
on an awning, the area of lettering shall be included in the percentage limitation
of a project's sign area.
C. Wall signs (facade signs) are prohibited on roofs.
3. Changeable Copy Signs: Changeable copy signs shall be regulated under the following
guidelines.
a. Changeable copy signs shall not comprise more than fifty (50) percent of the
permitted sign area and shall be included as part of the permitted sign area,
except as described herein below.
b. Pvtotor vehicle service stations and convenience stores with gas pumps may
utilize up to 100% of permitted sign area for changeable prices of gasolines only
(or as regulated by federal law).
C. Movie theaters may utilize up to 80% of permitted sign area for display of names
of films, plays or other performances currently showing. Such changeable copy
areas shall be included as part of the permitted sign area.
4. Illumination:
All external flood sign illumination shall be mounted at grade, directly in front of the sign
area.. Light source shall be completely shielded from oncoming motorist's view.
S. Nonconforming signs: It is the intent of this section to allow nonconforming signs
permitted before the adoption of this Code to continue until they are no longer used, or
become hazardous, but not to encourage their survival. Such suns are hereby declared to
be incompatible with the overall intent of this section.
a. Removal of Nonconforming Signs: All nonconforming signs, except as
provided for herein, shall be removed.
b. Continuance of Nonconforming Signs: A nonconforming sign may be
continued, subject to the following provisions:
(1) A nonconforming sign shall not be enlarged or increased in any way
from its lawful size at the time of the adoption of this Code.
(2) Nonconforming signs or nonconforming sign structures that are defined
as abandoned signs shall not be permitted for reuse.
e"IIN (3) Except as otherwise provided herein, there may be a change of tenancy
or ownership of a nonconforming sign, without the loss of
nonconforming status, if the property is not abandoned.
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C. Repairs, Maintenance, and Improvements: Normal repairs, maintenance, and
improvements may be made.
d. Reconstruction: If any nonconforming sign is destroyed by fire, flood,
explosion, collapse, wind, or other catastrophe, it shall not be used or
reconstructed except in full conformity with the provisions of these special
regulations.
e. Casual, Temporary, or Illegal Use: The casual, temporary, or illegal use of any
sign shall not be sufficient to establish the existence of a nonconforming use or to
create any rights in the continuance of such use.
SECTION 54-4-21.A.9: NON -CONFORMITIES
Within the Riverfront Overlay District, legally established existing development and uses that do not
comply with these special regulations are grandfathered-in. All nonconforming uses and structures are
governed by Article VIII. In addition, within the Riverfront District, the following non -conformities
regulations shall apply:
A. Nonconforming property: It is the intent of this chapter to allow nonconforming properties to
continue, but also encourage their conformity to what extent is possible considering the existing site
conditions and characteristics." A "compatible property" shall be considered in compliance with the
intent of the Riverfront District special regulations.
B. Continuance of nonconforming property: A nonconforming property may be continued, subject to the
following provisions:
1. Use of nonconforming structures abandoned for a period of six (6) or more consecutive months
located on a nonconforming property shall not be permitted until the property is brought into
compliance with the requirements of a compatible property.
2. Except as otherwise provided herein, there may be a change of tenancy or ownership of a
nonconforming property, without the loss of nonconforming status, if use of the nonconforming
structures is not abandoned for a period of six (6) or more consecutive months.
3. Colors of a structure located on a nonconforming property shall not be changed from those
existing at the time of the adoption of these special regulations, unless the new, to -be -painted
colors comply with the Riverfront District special color regulations.
4. Projects on nonconforming properties requiring a building permit (excluding permits for roofs or
minor repairs) shall be required to bring the property into compliance as a "compatible property."
5. A structure located on a nonconforming property shall not be enlarged or increased in any way
from its lawful size at the time of the adoption of these special regulations. Where such changes
are made, a building permit and compliance with the requirements of a "compatible property" are
required for the enlargement or addition.
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Chanter IV: Administration of Plan Review and Subdivisions
Article X.'I: Overlav District Regulations
B. CR512 OVERLAY DISTRICT REGULATIONS
SECTION 54-4-21.B.1iNTEYT
"As a significant business and residential center and a major entranceway into the City of Sebastian, the
corridor will have an attractive, well maintained, orderly and uncluttered appearance. The Corridor will
be characterized by impressive vegetation and landscaping; complementary buildings and signs with
enhanced designs and aesthetic appearances; and a safe transportation system that accommodates mass
transit, pedestrians, bicycles, and other transportation alternatives, as well as automobiles."
SECTION 54-4-21.B.2 BOUNDARIES OF THE CR 512 CORRIDOR
The boundaries of the CR 512 Overlay District shall include all the properties which abut CR 512 and
that are located within the City limits of the City of Sebastian. If any additional segments of CR 5 12 are
subsequently duly annexed into the City, land development along the said newly annexed segment shall
be consistent with the City's Land Development Code, including this Article. In the CR 512 Overlay
District, the following special regulations and exemptions shall apply to new development and
redevelopment.
SECTION 544-21.B.3: ARCHITECTURAL/BUILDLYG STAV"DARDS
A. Prohibited Architectural Styles. The follow are prohibited:
1. Corporate signature or commercial prototype architecture, unless such is consistent with these
special corridor requirements. Examples of such prohibited architecture include flat roofed
convenience stores, gas stations, and canopies for gas stations, car washes, and drive through
facilities.
2. Any kitsch architecture (such as a building that does not resemble a typical structure), including
structures or elements that resemble an exaggerated plant, fish, edible food, or other such items
such as giant oranges, ice cream cones, dinosaurs.
3. Any architecture having a thematic reference that is so different from current design philosophy
that such reference is inconsistent and/or incompatible with surrounding structures. Examples of
such include: igloos, domes or geodesic domes, quonset style structures, teepees, log cabins,
western "false fronts", medieval castles, caves, and the like.
B. Special Provisions
1. Industrial and Storage Uses in Commercial and Industrial Districts. Compliance shall be
required only for those facades fronting on residentially designated areas or public or platted
roads. However, industrial buildings shall satisfy the color requirements.
2. Residentially Designated Properties. The following materials are approved for use in
residentially designated areas: fiberglass or asphalt shingle -style roofing for sloped roofs and
visible roof structures, and textured plywood as a finish product. Rooftop screening devices shall
not be required for attic ventilators or plumbing roof vents on residentially designated properties.
However, roof ventilators, roof vents, and the like shall be located where they will be least visible
from roadways.
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3. Shopping Centers And Out -parcels. The materials, exterior finishes, signage and colors of
shopping centers and structures developed on shopping center outparcels shall be compatible and
harmonious with each other as determined by which structures are developed first. This
requirement may be waived by the Planning and Growth Management Department if
a. The initial shopping center or outparcel was built prior to the enactment of the CR 512,
special regulations and
b. It is determined by the Planning and Growth lvianagement Department that enforcement of
this requirement would conflict with the intent of these CR 512 special requirements.
4. Electrical Substations and Similar Uses. Electrical substations and Similar uses that prohibit
access by the public into the site may be exempted from all architectural/building requirements by
the Planning and Growth Management Director if the exempted building(s) and equipment will
be visually screened from adjacent properties and roadways.
C. General Design Criteria
1. Buildings with facades fronting on more than one street shall have similar design considerations
(e.a. roof treatment, building articulation, entrance features, and window placement) and
consistent detailing on all street frontages.
2. General prohibitions and restrictions:
a. Flat, blank, unarticulated, or massive facades fronting on a roadway, exclusive access drive or
residentially designated areas are prohibited. Facades fronting such roads, drives, or areas
shall be designed to incorporate architectural elements providing breaks in the planes of
exterior walls and/or roofs to articulate the building and to lessen the appearance of excessive
mass. Facades should incorporate elements relating to human scale, and can be divided by
use at proportional expression of structure, openings, arcades, canopies, fenestration, changes
in materials, cornice details, molding details, changes in the heights of different sections of
the building, and the like (stepping or sloping of a parapet wall in conjunction with a low
sloped roof is prohibited). Flat, blank, unarticulated, or massive fonder will be permitted on
the sides of a building when building is constructed to the allowable zero (0) foot side
setback.
b. The following materials or systems are prohibited as a finish and/or exposed product:
corrugated or ribbed metal panels, smooth finish concrete block (standard concrete masonry
units), precast concrete tee systems, plywood or textured plywood. Plywood shall be
allowed for soffit material.
c. Any canopy (such as for a gas station, car wash, or drive -through facility) that is wholly or
partially within seventy-five (75) feet of a thoroughfare plan road right-of-way shall meet the
following requirements concerning maximum fascia height (This pertains to all fascia on the
above described canopy including any canopy fascia that continues beyond the seventy
five-foot limit.):
ROOF SLOPE DISTANCE
f,,.- Less than 10 feet
11.0 to 20 feet
Greater than 20 feet
iVLAX2v9U'LVI FASCIA HEIGHT
S inches
12 inches
16 inches
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d. Plastic or metal is prohibited as a finish material for walls or trim. Plastic is prohibited as a
finish material for sloped roofs, visible roof structures, and fascias. Although prohibited in
general, certain metal and plastic construction products may be approved by the Planning and
Zoning Commission, upon a written request and product sample submitted by the applicant.
The Planning and Zoning Commission may approve use of the material if the following
criteria are satisfied:
i. The product shall appear authentic from the closest distance that it will be viewed by the
general public.
ii. The product shall be substantial. Thin and flimsy imitations are unacceptable.
iii. The product shall hold up as well as the product it is imitating. That is, it must be
fabricated in such a way that it will retain its original shape, appearance, and color, as
well as the product it is imitating.
iv. The product's color shall resemble the color of the product it is imitating.
e. Any exposed masonry in a stack bond is prohibited.
f. Lighting structures or strip lighting that follows the form of the building, parts of the
building, or building elements is prohibited.
g. Neon lighting, fiber optics or similar systems, which exceed six (6) square feet in area, and
� where the neon tube, fiber optic or similar system is visible from the outside is prohibited.
Neon lighting, fiber optics and similar systems shall not be used for outlining the building
including the windows.
h. Backlit transparent or translucent architectural elements, backlit architectural elements, as
well as illuminated or backlit awnings and roof mounted elements are prohibited. This does
not prohibit the use of glass blocks. This does not prohibit the use of an illuminated sign
attached to a building:
i. Facades that appear to be primarily awnings are prohibited. An awning shall not tun
continuously for more than thirty (30) percent of the length of any single facade. Placement
of awning segments shall relate to building features (e.g. doorways and windows), where
possible. Awnings shall not exceed twenty-five (25) percent of the area of any single facade.
j. Drive -up windows shall not be located on a building facade that faces a residential area or a
roadway unless architecturally integrated into the building and screened by landscaping
equivalent to the landscape material required in a local road buffer and must run the length of
the drive -through lane. Speakers shall be oriented so as not to project sound toward
residential areas.
k. Accessory structures, including sheds, out -buildings, dumpster enclosures, and screening
structures, shall match the style, finish, and color of the site's main building. yietal utility
sheds and temporary car canopies are prohibited.
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Chanter IV: Administration of Plan Review and Subdivisions Article XM: Overlay District Regulations
/01114\ D. Roofs and Parapets:
1. Sloped Roofs. Gable, hip, and shed style roofs shall have a slope no less than 5:12 (risexun).
Mansard style roofs with a slope greater than 30:12 (rise:run) are prohibited. Generous eaves on
sloped roofs are encouraged. Any roof with a slope less than 5:12 (rise:run) ("low sloped roof')
shall not be visible from a roadway and/or residentially designated area. Low sloped roofs must
be screened with a visible roof structure or parapet wall.
2. Visible Roof Structures. Visible roof structures shall be of such height, bulk, and mass, so as to
appear structural, even where the design is non-structural and shall have a minimum vertical rise
of six (6) feet (not including fascia). Visible roof structures shall have a slope no less than 5:12
(rise:run). Mansard style visible roof structures with a slope greater than 10:12 (rise:run) are
prohibited. Where visible roof structures are utilized in a building design, they shall be
continuous around all sides of the structure, except where incorporated with a parapet wall or
other architectural element (this does not allow "stuck -on" roofs). Any facade that is not visible
from a roadway, exclusive access drive or residentially designated area, such as facades that are
interior to a tightly spaced compound of buildings, will not require a continuous visible roof
structure on that facade. Any building with less than three thousand five hundred (3,500) square
feet of ground floor area shall have a visible roof structure an all facades.
3. The Following Roof Styles Are Prohibited. "A -frame," bowstring, dome, gambrel,
non -symmetrical gable or hip (different slope on each side of ridge), quonset, and polynesian.
Gable or hip roof with up to a 10:12 (rise:run) maximum pitch with a "skirted" or "flared" lower
portion at a 3:12 (rise:run) minimum pitch is allowed.
401*� 4. The ridge or plane of a roof (or visible roof structure), that runs parallel (or slightly parallel) with
a roadway shall not run continuous for more than one hundred (100) feet without offsetting or
Jogging (vertically or horizontally) the roof ridge or plane a minimum of sixteen (16) inches. Low
sloped roofs and parapet walls are excluded from this requirement.
/0�
5. Roofing on sloped roofs and visible roof structures shall be limited to the following systems:
a. Cedar shingles or shakes, slate, clay tile, or cement tile.
b. Steel, copper, and factory painted aluminum standing seam roofing.
C. 5-V crimp roof.
d. Galvanized metal or copper shingles of Victorian or diamond shape or pattern.
e. Three dimensional fiberglass or asphalt shingle.
Architectural standing seam roofs shall be limited to the following systems: flat metal panels
with narrow raised seams running 12 to 20 inches apart, which are secured with continuous seam
covers or mechanically seamed. Light and natural colors, as well as mill finish metal roofs are
encouraged. Nlixing colors of metal panels is prohibited. Roofs on any one site shall be of a one
color.
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Chapter rV: Administration of Plan Review and Subdivisions
Article XXT: Overlav District Regulations
6. Roofing materials are prohibited for use as a finish material on parapets or any surface with a
slope greater than 10:12 (rise:run) up to and including vertical surfaces. This pertains only to
those surfaces visible from adjacent property, exclusive of access drives or roadways. This does
not exclude the use of metal fascia six (6) inches or less in height, use of typical metal flashing,
wall cap, drip edge, and the like, use of roofing materials as a screening device (as long as it does
not function as a building's parapet), and use of cedar shingles or shakes as a wall material used
below the roof line.
7. Plastic or metal roof panels or systems, corrugated or ribbed roof panels, hot mopped systems,
built-up, gravel, torched on foam or fluid applied, roll or membrane roofing, and the like are
prohibited on any roof which is visible from any roadway and/or residentially designated area.
This does not exclude the use of architectural standing seam metal roofing or galvanized 5-V
crimp metal roofing. Use of metal or plastic tooling materials may be approved as specified under
the section as finish materials for walls, fascia, and trim.
8. Partial parapet walls are prohibited. If a parapet wall is used on a building, then a parapet wall of
the same style and material is to be continuous around all sides of the structure, except where
incorporated with a visible roof structure or other architectural element. Introduction of any
visible roof structure shall not appear "fake." Any facade that is not visible from a roadway
and/or residentially designated area shall not require a continuous parapet wall on that facade.
Stepping or sloping of a parapet wall in conjunction with a low sloped roof is prohibited.
E. Site Elements:
f� 1. All telephones, vending machines, or any facility dispensing merchandise or a service on private
property shall be confined to a space built into the building or buildings, or enclosed in a separate
structure compatible with the main building's architecture. These areas are to be designed with the
safety of the user in mind. Public phones and ATyfs should have twenty-four hour access.
2. No advertising will be allowed on any exposed amenity or facility such as benches or trash
containers.
3. When feasible, existing specimen trees should be preserved in place or relocated on site. Use of
tree wells, as well as adaptation and variations of siting in order to conserve native vegetation, is
encouraged.
4. The use of thematic and decorative site lighting is encouraged. Low lights of a modest scale can
be used along with feature lighting that emphasizes plants, trees, entrances, and exits. Light
bollards are encouraged along pedestrian paths. The color of the light sources (lamp) should be
consistent throughout the project. Color of site lighting luminaries, poles, and the like; shall he
limited to dark bronze, black, or dark green (decorative fixtures attached to buildings are exempt
from the fixture color requirement).
Lighting is not to be used as a form of advertising or in a manner that draws considerably more
attention to the building or grounds at night than in the day. Site lighting shall be designed to
direct light into the property. Lighting shall avoid any annoyance to the neighbors from
brightness or glare.
f",
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Chapter M Administration of Plan Review and Subdivisions
Article =: Overlay District Regulations
W
Roadway style luminaries (fixtures) such as cobra heads, Nema heads, and the like are prohibited.
Wall pads and flood light luminaries are prohibited where the light source would be visible from
a roadway, parking area and/or residentially designated area. High intensity discharge (e.g. high
pressure sodium, metal halide, mercury vapor, tungsten halogen) lighting fixtures mounted on
buildings and poles higher than eighteen (18) feet above the parking lot grade, and under
canopies, shall be directed perpendicular to the ground. Other than decorative and low level/low
height lighting, no light source or lens shall project above or below a fixture, box, shield, or
canopy.
F. Screening Devices.
1. "Visually offensive elements", whether freestanding, mounted on roofs, or anywhere on a
structure, shall be concealed from view on all sides. "Visually offensive elements" consist
of: walk-in coolers/freezers, transformers, electrical equipment (including panels and
meters), water or waste piping and valves, pumps, , fans, exhaust vents, compressors,
generators, tanks, and similar equipment. Individual screens, building elements, or
appropriate landscaping, are to be used to completely screen the offensive elements. Parapet
walls, visible roof structures, individual screens, or building elements, are to be used to
completely screen roof mounted, visually offensive elements. They are to be screened from
view from any point around the entire building perimeter. Screening devices shall relate to
the building's style of architecture and materials. All screening devices shall be designed so
that no part of the offensive element extends beyond the top of the screen, measured
horizontally. Rooftop screening devices will not be required for plumbing roof vents which
are less than four (4) inches in diameter and less than twelve inches above roof penetration.
These roof vents should be located where they will be least visible from roadways. Where
chain link or similar_ fencing is allowed to be used (e.g., around storm water ponds), such
fencing shall be green or black and shall be located and landscaped so as to visually screen
the fencing from public view.
2. "Nuisance elements" shall be visually screened from adjacent roadways and/or residentially
designated areas with solid walls in addition to any required landscaping. Loading dock
buffering shall meet standards of the landscape ordinance (Article XM. All other walls shall
be a minimum of six (6) feet in height. All dumpster and trash container areas shall be
completely screened on all sides. Acoustical material shall be used on the inside face of walls
around HVAC equipment.
3. individual screens and walls shall relate to the building's style of architecture and materials.
A durable material such as reinforced concrete masonry units is recommended with an
architecturally compatible finish. Wood fences are encouraged.
4. Chain link fencing, with or without slats, is prohibited as a screening device for screening
visually offensive elements and nuisance elements.
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Chaoter rV: Administration of Plan Review and Subdivisions Article I: Overlav District Regulations
/OW) SECTION 54-4-21.B.4 COLORS AND BUILDLNG GKXPHICS
A. The Following Building Graphics are Prohibited. Polka dots, circles, vertical stripes, diagonal
stripes or lines, plaids, animals, and symbols such as lightning bolts. However, legally registered
trademarks which directly relate to the building occupant (not trademarks of -products or services sold
or displayed) are allowed, subject to applicable sign and color regulations.
B. Color Standards. All buildings and accessory structures within the CR-512 Overlay District shall be
limited to the colors listed in the Overlay Districts Master Color List.
1. Base Building Colors. Base building colors relate to wall and parapet wall areas and shall be
limited to colors consisting of white and light neutral colors in the warm range.
2. Secondary Building Colors. Secondary building colors relate to larger trim areas and shall not
exceed thirty (30) percent of the area of any one building facade elevation. These colors consist
of a mid -range intensity of the base building colors and complementary colors, and include all
base building colors.
3. Trim Colors. Trim colors are used for accent of smaller trim areas, are the brightest group of
colors allowed, and include all base building and secondary building colors. Use of metallic -
colors (i.e.: gold, silver, bronze, chrome, and other extraordinarily bright colors) and use of garish
colors, such as fluorescent colors (e.g. hot pink, shocking yellow), is prohibited. Trim colors shall
not exceed ten (W) percent of the surface area of any one building facade elevation.
/00*� 4. Roof Colors (requirements for roofs that are visible from a roadway and/or residentially
designated area). These colors consist of natural mill finish, white, light neutral colors in the
warm range, blue, and a limited number of earth -tone colors. Mixing or alternating colors of
metal panels is prohibited. For non-metal roofs, other than natural variations in color or color
blends within a tile, the mixing or alternating of roof color in the same roof material is prohibited.
Colors and color blends shall not be contrary to the intent of this code. Color for roofing which is
glared, slurry coated, or artificially colored on the surface by any other means shall be limited to
the same colors as approved for metal roofs.
5. Natural Finish itilaterials. The color regiments listed above shall not apply to the colors of true
natural finish materials such as brick, stone, terra cotta, concrete roof tiles, slate, integrally
colored concrete masonry units, copper, and wood. Color commonly found in natural materials
are acceptable, unless such material has been artificially colored in a manner which would be
contrary to the intent of these requirements. Black, gray, blue, or extremely dark colors for brick.
concrete masonry units, roofing, wood or stone is prohibited. This provision shall not prohibit the
use of colors for natural finish roofing materials that match those colors approved for metal roofs.
6. Awning Colors. Awning colors may include base building colors and/or secondary building
colors and/or trim colors. However, secondary building colors and trim color area used for
awnings shall be included in the percentage limitation on the secondary building color and trim
color surface area of a facade.
7. Overlay District 1NIaster Color List. The Overlay Districts Master Color List and approved
color board shall be maintained and made available by the Planning and Growth Management
114� staff. The list can be mailed or faxed upon request.
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Chapter IV: Administration of PIan Review and Subdivisions Article VC: Overlav District Regulations
/1� SECTION 54-4-21B.5: LANDSCAPING.
The City landscaping requirements of Article XIV apply except as noted herein.
A. increased Canopy Tree Size. All canopy trees required under normal landscaping and buffering
requirements and special CR 512 corridor plan requirements for projects within the corridor shall
have a minimum height of twelve (12) feet and minimum spread of six (6) feet at time of planting.
Palm tree clusters may be used as canopy trees as specified in the landscape ordinance. However,
such palm trees shall have a minimum clear trunk of twelve (12) feet.
B. CR 512 and Thoroughfare Plan Road
Buffer. Within the corridor plan area, the following
landscape buffer shall be provided along the entire length of a site's CR 512 frontage, except for
approved driveways:
CR-512 Frontage Buffer Depth
Minimum Planting/ Berm Requirements per 1001
Over 400 feet 10 feet
5 canopy trees
6 Understory trees
Continuous hedge': 2.5 - 3 feet high at planting
Berm: 1' — 1.5' high'
250 to 400 feet 10 feet
4.5 Canopy trees
5.5 Understory trees
Continuous hedge': 1.5 — 2.5 feet high at planting
Berm: 1.5' — 2.5' high
Less than 250 feet 10 feet
4 Canopy trees
5 Understory trees
Continuous hedge': 1.5 — 2.5 feet high at planting
Berm: 1.5 ' - 3' high'
' NOTE: The hedge and berm combination shall provide a visual screen four (4) feet high above the
grade of the project site parking area. Hedge material shall provide full screening to the ground;
therefore, mix myrtles and shrubs with similar leafing characteristics shall not be used for hedge
material unless a double row arrangement is used. At the time of a certificate of occupancy (CO) for
the project site, the combination of berming and hedging shall provide a four -foot visual screen,
subject to City sight distance requirements. Undulations in the berm and corresponding hedge height
are encouraged.
Hedge shrubs shall be planted no further apart than twenty-four (24) inches on center along the length
of the buffer strip, to form a hedge that appears continuous as viewed from the roadway being
buffered.
Berms shall have a slope no steeper than three (3) horizontal to one (1) vertical (3:1), and shall be
continuous along the length of the buffer strip, except where berm modifications may be necessary
for tree preservation as determined by the Planning and Growth Management Director or his
designee.
Clustering of trees along the buffer strip is encouraged, and uniform spacing of trees is discouraged,
except where used to emphasize a particular planting theme or development style. Hedge plantings
may be asymmetrical, and a buffer wall not to exceed four (4) feet in height except as specified
below, is allowed within the middle one-third (1/3) of the buffer strip's width (measured
perpendicular to the road being buffered) if landscaping material is planted on each side of the wall.
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Chapter IV: Administration of Plan Review and Subdivisions
Article =: Overlav District Regulations
f0"11N
C. Special Buffer For Multi -Family Projects. ylulti-family projects shall provide the CR512 and
Thoroughfare Plan Road buffer as described above, with the additional requirement that the buffer
shall include a six-foot opaque screen consistent with specifications in Article XIV. Where a wall or
fence is used, such wall or fence shall be located with the middle one-third of the buffer strip's width
(measured perpendicular to the road being buffed), and landscaping material shall be planted on each
side of the wall or fence.
D. Landscape Islands. Landscape islands shall be backfilled at least to the top of curb or protective
barrier, and may be bermed to a maximum height of twenty-four (24) inches above the adjacent
parking lot grade.
SECTION 54-4-21B.6 SPECIAL SIGN REGULATIONS
A. Scope. These special regulations are in addition to the City's sign ordinance and shall supersede any
less restrictive provisions found in the sign ordinance. All signage shall comply with the requirements
of the sign ordinance except as modified by these special sign regulations.
B. Approval or Change of Sign Design Required. Any exterior change to CR 512 Overlay District
signage shall require review and approval Planning
l by the Pling and Growth Management Department.
Such changes shall include, but not be limited to, changes of sign area (square footage), sign copy
area (square footage), sign copy (this does not apply to "changeable copy" signage), height, shape,
style, location, colors, materials, or method of illumination. Routine maintenance and replacement of
materials which does not affect the approved design shall be exempt from this review and approval.
Changes to signs not originally required to comply with these special sign regulations are addressed
in the "nonconforming signs" section of these regulations.
C. Prohibited Signs. The provisions stated herein are in addition to prohibitions listed in Article XVI:
Signage and Advertising. The following are prohibited:
1. Lights or illuminations that flash, move, rotate, scintillate, blink, flicker, or vary in intensity or
color, except for time -temperature -date signs. Public signs permitted pursuant to Article XVI
Signage and Advertising provisions are excluded from this prohibition and are allowed.
2. Electronic message boards and message centers, electronic adjustable alternation displays, or any
sign that automatically displays words, numerals, and or characters in a programmed manner.
Traffic regulatory and directional signs permitted pursuant to Article XVI Signage and
Advertising provisions are excluded from this prohibition and are allowed.
3. Portable or trailer style changeable copy signs, excepting approved special event signs.
4. Signs with the optical illusions of movement by means of a design that presents a pattern capable
of giving the illusion of motion or changing of copy.
5. Strings of light bulbs used on nonresidential structures for commercial purposes, other than
traditional holiday decorations at the appropriate time of the year.
6. Signs that emit audible sound, odor, or visible matter, such as smoke or steam.
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Chaoter IV: Administration of Plan Review and Subdivisions Article XM: Overlav District Regulations.
7. Neon lighting, fiber optics or similar systems, which exceed six (6) square feet in area, and where
the neon tube, fiber optic or similar system is visible from the outside is prohibited. Neon
lighting, fiber optics and similar systems shall not be used for outlining the building including the
windows.
8. Rough Plywood used for permanent signs.
9. Any material used in such a manner for a permanent sign that results in a sign having a semblance
to the look of a temporary sign but intended by the owner to be permanent.
10. installation of an additional sign (or signs) that does not harmonize with the design or materials of
the initial sign, such as:
a. Attachment or mounting of signs where mounting hardware is left exposed.
b. Signs with different color cabinets, frames, or structure.
11. Appliques or letters of vinyl and similar materials for use on any permanent monument sign.
They are also prohibited for use on any permanent wall or facade signs that exceed three (3)
square feet. Window signs as allowed in this Article are excluded from this prohibition.
Regardless of size, appliques or vinyl letters are prohibited for use on plastic sign faces.
12. Changeable copy signs for office, industrial, commercial and residential uses, unless such sign is
incorporated within the allowable monument sign area.
D. Signs that Are Encouraged:
1. Shaped and fashioned "wood look" multi level signs (i.e.: sand blasted or carved), and signs
having durable sign cabinet material such as high -density polyurethane and PVC.
2. Internally illuminated aluminum cabinet with textured finish, and cutout inset or push through
acrylic letters.
3. Backlit reverse pan channel letters (opaque faced) mounted on sign that is harmonious with the
project's architecture.
4. Signage that relates to the building's style of architecture and materials.
5. Thematic signage.
E. Colors
1. The following colors are encouraged for signage:
a. Use of earth -tone colors and pastels.
b. Darker backgrounds with light color sign copy
c. Use of colors that match or are compatible with the project's architecture.
d. Polished or weathered true bronze, brass, or copper metal finishes are acceptable and
encouraged.
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Chanter IV: ;administration of Plan Review and Subdivisions _ article XXI: Overlav District Regulations
2. The following colors are prohibited for signage:
/40�
a. The use of bright metallic or mill finish colors (i.e., gold, silver, bronze, chrome, aluminum,
stainless steel, or other extraordinarily bright colors). Colors such as medium or dark bronze
are acceptable and encouraged. Precious metal colors are allowed on sand blasted or carved
"wood look" style signs.
b. The use of garish colors, such as fluorescent colors, is prohibited.
F. Nfulti-Tenant Spaces. Applicants of proposed multi -tenant projects, such as shopping centers, out
parcels, industrial complexes and parks, and office complexes and parks, shall submit a sign program
for review and approval. This sign program shall communicate the coordination and consistency of
design, colors, materials, illumination, and locations of signage. In a multi -tenant project where no
established pattem exists as described above, the owner of the multi -tenant project shall be required
to submit a sign program for approval prior to issuance of any new sign permits for a tenant space.
G. Design Criteria And Additional Restrictions.
1. Freestanding Changeable Copy Signs. Where allowed, a freestanding changeable copy sign
shall not comprise more than eighty (80) percent of the total area of the actual sign.
2. Wall/ Facade Signage.
a. The maximum vertical dimension of a facade or wall sign shall not exceed twenty-five (25)
percent of the building height.
b. Awnings with lettering shall be considered wall signs. Where lettering is used on an awning,
the area of lettering shall be included in the percentage limitation of a project's sign area.
c. Lettering, logos, and trim colors on canopy fascia shall be considered a wall sign and shall be
limited to thirty-three (33) percent of the fascia area of any one elevation. Internally
illuminated signs shall not be placed on a canopy structure, and no sign shall be placed above
the fascia on a canopy structure.
3. Changeable Copy Wall Signs For Theaters. Theaters may utilize up to eighty (80) percent of
actual sign area for display of names of films, plays or other performances currently showing.
4. Illumination. All external flood sign illumination shall be mounted at grade, directly in front of
the sign area. Light source shall be completely shielded from oncoming motorist's view.
H. Nonconforming signs: It is the intent of this section to allow nonconforming signs permitted before
the adoption of this Code to continue until they are no longer used, or become hazardous, but not to
encourage their survival. Such signs are hereby declared to be incompatible with the overall intent of
this section.
1. Removal of Nonconforming Signs: All nonconforming signs, except as provided for herein,
shall be removed.
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Chanter IV: Administration of Plan Review and Subdivisions Article K"V: Overlay District Regulations
2. Continuance of Nonconforming Signs: A nonconforming sign may be continued, subject to
the following provisions:
a. A nonconforming sign shall not be enlarged or increased in any way from its lawful size
at the time of the adoption of this Code.
b. Nonconforming signs or nonconforming sign structures that are defined as abandoned
suns shall not be permitted for reuse.
c Except as otherwise provided herein, there may be a change of tenancy or ownership of a
nonconforming sign, without the loss of nonconforming status, if the property is not
abandoned.
3. Repairs, Maintenance, and Improvements: Normal repairs, maintenance, and improvements
may be made.
4. Reconstruction: If any nonconforming sign is destroyed by fire, flood, explosion, collapse,
wind, or other catastrophe, it shall not be used or reconstructed except in full conformity with
the provisions of these special regulations.
5. Casual, Temporary, or Illegal Use: The casual, temporary, or illegal use of any sign shall not
be sufficient to establish the existence of a nonconforming use or to create any rights in the
continuance of such use.
faak� SECTION 54-4-2I.B.7: NON-CONFORINUTIES
Within the CR 512 District area, legally established existing development and uses that do not comply
with these special regulations are grandfathered-in. All nonconforming uses and structures are governed
by Article VIH. In addition, within the CR 512 District area the following non -conformities regulations
shall apply:
A. Nonconforming property: It is the intent of this chapter to allow nonconforming properties to
continue, but also encourage their conformity to what extent is possible considering the existing
site conditions and characteristics." A "compatible property" shall be considered in compliance
with the intent of the CR 512 District special regulations.
B. Continuance of nonconforming property: A nonconforming property may be continued, subject to
the following provisions:
1. Use of nonconforming structures abandoned for a period of six (6) or more consecutive
months located on a nonconforming property shall not be permitted until the property is
brought into compliance with the requirements of a compatible property.
2. Except as otherwise provided herein, there may be a change of tenancy or ownership of a
nonconforming property, without the loss of nonconforming status, if use of the
nonconforming structures is not abandoned for a period of six (6) or more consecutive
months.
3. Colors of a structure located on a nonconforming property shall not be changed from those
existing at the time of the adoption of these special regulations, unless the new, to -be -painted
colors comply with the CR 512 special color regulations.
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Chanter IV: administration of Plan Review and Subdivisions
Article XXI: Overlav District Regulations
>40�
4. Projects on nonconforming properties requiring a building permit (excluding permits for roofs or
minor repairs) shall be required to bring the property into compliance as a "compatible property."
5. A structure located on a nonconforming property shall not be enlarged or increased in any way
from its lawful size at the time of the adoption of these special regulations. Where such changes
are made, a building permit and compliance with the requirements of a "compatible property" are
required for the enlargement or addition.
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City of Sebastian