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HomeMy WebLinkAboutORD #202-SAN ORDINANCE AMENDING ORDINANCE NO. 202, AS AMENDED, THE ZONING ORDINANCE, BY PERMITTING THE OPERATION OF "MODEL HOMES" AS A SPECIAL EXCEPTION IN ANY ZONING DISTRICT; REQUIRING SITE PLAN APPROVAL; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED by the Council of the City of Sebastian, Florida as follows: SECTION I. That Section I of Ordinance 202, as amende~ is hereby amended by adding a definition which shall read as follows: "Model Home": A "model home" shall consist of any dwelling house constructed upon a lot zoned for residential use, which dwelling has been built in accordance with all ordinances and in accordance with all rules and regulations of the City Building Department, and which otherwise the owner would be entitled to the issuance of a certificate of occupancy. The dwelling house may be furnished, but not occupied as a residence while being used as a "model home." SECTION II. That Section III(a) of Ordinance 202, as created by Ordinance No. 202-P, is hereby amended to read as follows: Section III(a) - Special Exceptions Ail Zoning Districts (1) Sand mining may be permitted in any zoning district upon application to the Planning and Zoning Commission, submission and approval of a mining site plan as provided in Article VIII, Chapter 7 of the Code of Ordinances, and after recommendation for approval by the Commission, and subsequent approval by the City Council. (2) A special permit may be granted in any zoning district, where a developer, contractor or their agent desire to operate a model home. The Special Permit may be granted upon application to the Planning and Zoning Commission for a permit and payment of a fee (to be set from time to time by the Council); approval of a site plan as provided in the zoning ordinance and after recommendation to grant the Special Permit by the Commission, and approved by the City Council, subject to the following restrictions: (A) The Special Permit shall be issued for a period not to exceed one (i) year. The City Council may renew said permit upon application, pro¥ided that the model home has been constructed and operated in accordance with this ordinance. (B) Upon application for a Special Permit the applicant shall inform the Clerk of the names and addresses of all property owners who own property within a 150 foot radius of the site of the proposed model as shown on the most recent Indian River County Tax Roll. The Clerk shall notify each property owner on said list of the pending application, and the date, ti'me and location when the City Council shall consider said application. The Clerk shall make every effort to mail said notices at least seven (7) days prior to the date of the Council meeting. Failure to mail or deliver said notices shall not be grounds for cancellation or revocation of said Special Permit, if granted. (C) A permit holder may not use the model home as his principal place of business. The model home shall he used for display purposes only, and not as a contractor's office, real estate office or annex thereof. However, price quotations may be gi.ven and binders may be executed on the prelmises. (D) The 'model home shall meet all district requirements for lot and yard dimensions. (E) No office furniture or office equipment is permitted in the model; and no construction materials or construction equipment may be stored in the model, on the site or adjoining sites. -2- (F) Business activity may be conducted at the model home only between the hours of 9:00 a. m. to 6:00 p. m., seYen days per week; and not more than two permanent employees (_in addition to the owner thereof) shall be authorized to remain in the model during the business day. (G) Ail signs shall conform with the City Sign Ordinance; however, on-premises model home signs shall not be illuminated. (H) Model homes may be illuminated but only for security purposes and shall not cause glare or infringe on neighboring property or impede traffic. (ii) At least five (5) parking spaces shall be provided on the same lot as the model, or on a contiguous lot, owned hy the Contractor or developer, or in the street right- of-way immediately in front of said model, and shall be maintained so long as the 'model home is used as such, as follows: (1) Off-street parking area to be graded as to prevent water run-off onto adjacent property or street. (2) Any parking area that is located or a corner lot shall be designed so as not to obstruct the the view of approaching traffic. (3) Ingress and egress to the parking area shall be a minimum of twenty (20) feet distant from any corner and also a minimum distance of ten (10) feet from an inside property line. (3) Model homes may be erected or displayed in districts from which single-family residences are excluded; provided that such homes shall not be used for residential purposes, but only for display as a means to sell similar homes in districts in which they are permitted, and further provided that all other requirements of the district in which the model home is erected shall be met. (4) Violations of this Ordinance shall be investigated by the Building-Official and/or the Mayor. Upon a finding that probable cause exists that a violation has occurred, the the Building-Official shall issue a cease and desist order to the offender, his agent or employee, by hand or by Certified mail, return receipt requested, and shall order the alleged violation terminated. Failure to terminate or correct the alleged violation within five (5) days of the date of said order shall be grounds for the City Council to hold a public hearing not later than thirty (30) days thereafter. The alleged violator shall be sent notice of the date and time of the hearing by certified mail, not less than five (5) days prior to said hearing. Ail letters and notices relating to violations of this ordinance shall be sent to the holder of the registered certificate as indicated on his application for said certificate. The responsibility for any change of address of the holder of a registered certificate shall be upon the holder thereof. At the hearing, the Mayor, or his designated representative, shall present evidence of the alleged violation of this ordinance, and the alleged violator shall be heard either in person or through his attorney. At the conclusion of the hearing, the City Council shall vote upon the issue of whether a violation of this ordinance has occurred. If a majority of those councilmembers voting find that a violation has occurred, the applicant's certificate shall be revoked, and he shall not be permitted to receive a model home certificate under the provisions of this ordinance for a period of one (1) year from the date he is adjudged by the City Council to be in violation. (5) Any person~ firm, corporation, or partnership found to be in violation of any part of this ordinance, shall, upon conviction, be imprisoned in the county jail for a period of time not in excess of ten (10) days, and in addition, a fine may be imposed not exceeding Five Hundred Dollars ($500.00) in the discretion of the Court. SECTION III. Ail Ordinances or parts of Ordinances in conflict herewith are specifically repealed. SECTION IV. This Ordinance shall take effect immediately upon becoming law. -4- SECTION V. If any section, subsection, sentence, clause, phrase or word of this ordinance is for any reason held unconstitutional or invalid, for any reason, such ruling shall not affect the Yalidity or constitutionality of any of the remaining portions of this ordinance. I HEREBY CERTIFY that the foregoing Ordinance was finally passed by the City Council of the City of Sebastian, Florida, on the ~ day of .~~~6/~, 1980. Mayor, Ci~y of Seb~t~an ATTEST: ~ity~Cle~k Z HEREBY CERTIFY that Notice of Public Hearing of the foregoing Ordinance was given in accordance with Section 166.041 of the Florida Statutes, that said public hearing was held in City Hall of the City of Sebastian, Florida, at 7J~o~., on the the ~day o.f ~ , 1980, and that the foregoing Ordinance was duly passed and adopted by the City Council of the City of Sebastian, Florida, on the 8~ day of ~, 1980. -5-