HomeMy WebLinkAboutORD #202-X ORDINANCE NO. ~ ~ X
AN ORDINANCE CREATING SECTION XIII A, OF
ORDINANCE 202, THE ZONING ORDINANCE OF THE
CITY OF SEBASTIAN BY ESTABLISHING LANDSCAPE
REGULATIONS FOR ALL ZONING DISTRICTS EXCEPT
SINGLE-FAMILY DISTRICTS; CODIFYING THE SAME
WITHIN CHAPTER 20A OF THE CODE OF ORDINANCES;
PROVIDING A SEVERABILITY CLAUSE AND AN
EFFECTIVE DATE.
WHEREAS, the Council of the City of Sebastian
is presently studying a complete revision of the existing
zoning and other related ordinances; and
WHEREAS, the Council finds and determines that
there is an immediate need to adopt an ordinance which
establishes landscape regulations.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL
OF THE CITY OF SEBASTIAN, FLORIDA, AS FOLLOWS:
SECTION I.
That Section XIII A of Ordinance 202, o£ the
City of Sebastian, Florida, the same being the Zoning
Ordinances, City of Sebastian, Florida, is hereby amended
by adding a section to be numbered Section 20A-13.1
through 20A-13.17, inclusive, which said section shall
read ~s follows:
and redistrict the location of trades and industries; and the
location of buildings designed for specific industrial business,
residential and other uses, the City of Sebastian, Florida, is
hereby divided into districts of which there shall be nine
(9) known as:
R-1AA Single Family District
R-IA Single Family District
R-1 Single Family District
R-2 Single Family District
R-1M Mobile Home District
PUD Planned Unit Development District
C-1 Restricted Commercial District
C-2 Commercial District
M-1 Restricted Industrial District
The boundaries of the Districts are shown upon
the map accompanying this Ordinance and made a part hereof,
and entitled "ZONING MAP OF SEBASTIAN, FLORIDA, 1974" The
Zoning Map is displayed in the City Hall, City of Sebastian,
and is signed by the Mayor and attested to by the City Clerk.
'l]~e Zoning Map and all tt~e notations, references and other
i~l~ormation shown~ thereon are a part of this Ordinance and
l~ave the same force and effect as if such information set
~-e~th on the Map were all fully described and set out herein.
In the creat~e~, by this Ordinance, of the
~ ,i,.~.ctive districts, t]~e ~ouncil has given d~.~e and careful
2
consideration to the peculiar suitability of each and every
such district for the particular regulations applied thereto
and the necessary, proper and comprehensive groupings and
arrangements of the various uses and densities of population
in accordance with a well considered plan for the development
of the City, until otherwise changed by Ordinance as provided
herein.
SECTION II.
That Section VIIA of Ordinance 202 of the
City of Sebastian, Florida, the same being the Zoning Ordinance,
is hereby created and the Code of Ordinances, City of Sebastian,
Florida, is hereby amended by adding a section to be numbered
Section 20A-4.16 inclusive, which said section shall read
as follows:
OUTLINE OF ARTICLE XlIl: LANDSCAPE REGULATIONS
Section 20A-13.1:
Section 20A-13.2:
Section 20A-13.3:
Section 20A-13.4:
Section 20A-13.5:
PURPOSE AND INTENT ...................
APPLICABILITY ........................
IMPACT OF MORE RESTRICTIVE
REGULATIONS ..........................
DEFINITIONS ..........................
MINIMUM REQUIREMENTS FOR LANDSCAPE
STRIPS ...............................
Page
XlII-1
XIII-1
XIII~l
XlII-1
XIII-2
A. Minimum Width.
B. Perimeter Landscaping.
Section
20A-15-.6: TREES WITHIN REQUIRED LANDSCAPE
STRIP ................................
XlII-3
A. Trees Along Public Streets.
B. Tree Requirement Outside of Right-Of-Way.
C. Waiver Condition.
D. Location of Tree Plantings.
E. Credit for Existing Trees.
Section 20A-13.7: LOCATION OF LANDSCAPE STRIP .......... XIII-3
A. Alignment of Landscape Strip.
B. Adjustments in Alignment of Landscape
Strip.
Section 20A-13.8: REQUIRED SCREENING MATERIAL IN
LANDSCAPE STRIP ...................... XIII-3
Section 20A-13.g: SPECIFICATIONS FOR LIVING PLANT
MATERIALS ............................ XIII-4
A. Trees.
B. Shrubs and Hedges.
C. Vines.
D. Administration of Waiver Provisions.
E. Lawn Grass.
F. Quality.
G. Synthetic Plants.
H. Berms.
Section 20A-13.10: iNTERIOR LANDSCAPING REQUIREMENTS... XiII-5
A. Size and Composition.
B. Use of Interior Landscape Strip.
C. Other Vehicular Use Area Requirements.
D. Landscape Specifications for Non-Vehicular Open
Space.
Section 20A-13.11: PROTECTION OF LANDSCAPE STRIPS ......
Section 20A-14.12: REQUIRED COVERAGE ...................
Section 20A-13.13:
REQUIRED SIGHT DISTANCES FOR
LANDSCAPING ADJACENT TO PUBLIC
RIGHTS-OF-WAY AND POINTS OF ACCESS..
Definition of Required Clear Zones.
1. Clear Zone Adjacent to the Intersection of
an Accessway and a Public Right-of-Way.
2. Clear Zone Adjacent to the intersection of
Two or More Intersecting Rights-Df-Way.
Section 20A-]3.14: REQUIRED LANDSCAPE PLAN SUBMITTAL...
A. Landscape Plan Components.
B. Review and Approval Procedure.
Section 20A-13.15: PLANT QUALITY, iNSTALLATION,
PROHIBITED SPECIES AND MAINTENANCE..
A. Plant Quality.
B. Installation.
C. Prohibited Species.
Section 20A-13.16: MAINTENANCE REQUIREMENTS, INCLUDING
IRRIGATION ..........................
Section 20A-]3.17: VARIANCES ...........................
A. Application.
B. Criteria for Approval.
XIII-6
XIII-6
XlII-6
XlII-7
XIII-B
XIII-9
xiII-9
ARTICLE XIII: LANDSCAPE REGULATIONS
SECTION 20A-13.1: PURPOSE AND INTENT
i The intent of these landscape regulations shall be to require screen-
ng and beautification of all storage, parking, display or sales areas so
as to improve, protect and preserve the City's unique aesthetic character-
istics and qualities.
SECTION 20A-13.2: APPLICABILITY
A landscape plan approval shall be required for all new development
within the City of Sebastian, except for singl~ family detached homes,
prior to the issuance of a building permit. The following minimum
standards for landscaping shall be applicable to all storage, parking,
display, sales or accessory vehicular use areas when created or used in
connection with new construction, remodeling or enlaroement requiring
updated code compliance.
SECTION 20A-13.3: IMPACT OF MORE RESTRICTIVE RFGULATIONS
The provisions of this section shall be subject to other applicable
regulations where such regulations are more restrictive and are not other-
wise inconsistent with the provisions of this section.
SECTION 20A-13.4: DEFINITIONS
A~CCESSORY VEHICULAR USE AREA. All land upon which vehicles traverse the
property, exc'ludi~the ~'ark~Tng lot.
ACCESSWAY. A paved or unpaved area intended to provide ingress and egress
~blic right-of-way to a public or private premises including an
off-street parking area. ,
BARRIER. A solid and unbroken visual screen, including a masonry fence or
solid wood fence which presents a one-hundred (i00) percent opaque screen.
An open chain link fence shall not constitute a barrier.
BERM. Mounding of soil which is planted with living plant material de-
s-T~ed as a natural landscape buffer to screen incompatible land uses or to
absorb or otherwise reduce nuisance impacts, such as noise smoke, glare
or other similar impacts. , ,
GRAS..__.~S. Green herbage, commonly referred to as grass, which is commonly
grown year round in the City of Sebastian. For the purpose of this section
no artificial grass shall be considered living plant material.
GROUND COVER. Low growing living plant material or inanimate material.
HEDGE. Solid and unbroken visual screen of self-supporting living plant
material.
INANIMATE MAT[K~S. Rocks, gravel, pebbles, driftwood garden ornaments
statuary, sc~i]~j~'k~ or F~in:ilar inanimate objects. ' '
~,~,~ ~o.~,.,~.. XiII-1
INTERIOR PARKING SPACE. Any parking space which is not adjacent to a
required landSCape strip.
LANDSCAPE STRIP. A strip containing trees, barriers, ground cover and/or
other plant material as required by this section.
LAWN GRASS. Grass areas shall be planted in species normally grown as
permanent lawns in the vicinity of the City of Sebastian, Florida. Grass
areas may be sodded, plugged, sprigged or seeded except that solid sod
shall be used in swales or other areas subject to erosion. ~
When grass seed is sowed it shall be a variety of seed which produces
complete coverage within ninety (90) days from sowing. In areas where a
ground cover other than solid sod or grass seed is used, nursegrass seed
shall be sown for immediate effect and protection until coverage is other-
wise achieved.
LIVING PLANT MATERIAL. Grass, ground cover, shrubs, vines and trees.
PARKING LOT. Any area upon which more than four (4) vehicles are intended
to be parked.
SHRUBS. Self-supporting, woody, evergreen plants smaller than a tree and
usually branching from or near the ground.
SYNTHEiIC PLANTS. Synthetic or artificial material in the form of trees,
shrubs, ground covers or vines shall not be used in lieu of plant require-
ments in this section.
TREES. Self-supporting, wood perennial plants of species which normally at
maturity have a trunk with a diameter of at least three (3) inches measured
four and one-half (44) feet above grade and have an overall height of a
minimum of fifteen (15) feet.
VINES. Plant material with a-long slender stem shall be a minimum of
thirty (30) inches in height directly after planting and may be used in
conjunction with fences, screens or walls to meet physical barrier require-
ments as specified.
SECTION 20A-13.5: MINIMUM REQUIREMENTS FOR LANDSCAPE STRIPS
A. Minimum Width. A landscape strip shall be a minimum of ten (10)
feet in width; h'oWever, upon property having a width of fifty /50)
feet or less, the required landscape strips may be reduced to five {5)
feet in width.
All property other than the required landscaped strip lying between
the right-of-way and off-street parking area or other vehicular use
area shall be landscaped with grass or other ground cover.
Necessary accessways from the public right-of-way through all such
landscaping shall be permitted to service the parking or other vehicu-
lar use areas and such accessways may be subtracted from the lineal
dimension used to determine the number of trees required.
XIII-2
B. Perimeter Landscaping. A landscape strip is required along the
entire Perimeter of all'storage' parking, display, sales or accessory
vehicular use areas except along the portion or portions of the
perimeter which are entirely screened visually from adjacent property
by buildings on the property being improved.
SECTION 20A-13.6: TREES WITHIN REQUIRED LANDSCAPE STRIP
A. Trees Alon9 Public Streets. A landscape strip shall contain one
tree for each thirty-five (35) lineal feet or fraction thereof along
all public streets, with a minimum of two (2) trees on any one street
frontage.
B. Tree Requirement Outside of Right,O~,W~. Landscape strips not
adjacent to public streets shall contain one (1) tree for each fifty
(50) lineal feet or fraction thereof.
C. Waiver Condition. Tree requirements, as specified above, may be
waived along property lines where the required landscape strip is
contiguous and adjacent to an existing landscape strip which provides
a continuous solid screen in compliance with all provisions of this
Article. Such a waiver shall be approved only after the impacted
adjacent property owner has signed an affidavit of consent.
D. Location of Tree Plantings. Trees, as required above, should be
spaced in clusters or situated in strategic locations consistent with
good principles of design and plant installation.
E. Credit for Existing Trees. Credit shall be granted for trees
which are preserved oF, a site and which meet the tree requirements of
any landscaping provision of this Section. Where a tree is of excep-
tional quality, as determined by the Building Official, a two-tree
credit for the preserved tree may be granted. Exceptional quality
shall be judged on the basis of such factors as extraordinary size of
tree, vigorous health, large canopy cover, historic value, rareness,
and age. No credit will be granted for preserved trees which are
classified as undesirable, are extremely poor specimens or which are
in declining health.
SECTION 20A-13.7: LOCATION OF LANDSCAPE STRIP
A. Alignment of Landscape Strip~ The required landscape strip shall
be located within the P~°perty line and/or building setback as estab-
lished by the Zoning Code.
B. ~dju)tments in Alignment of Landscape Strip. Landscape strips,
when required in easements, ~ay b~ a~jUsted by {he City Engineer. A
decision on any related issue in diepute shall be resolved by City
Council after considering the technical advice of the Urban Forester.
SECTION 20A-13.8: REQUIRED SCREEN}NG MATERIAL IN LANDSCAPE STRIP
Any combination of barriers, hedge or landscaped berm shall be planted
or installed along the entire length of each required landscape strip. In
XIII-3
all residential or con~ercial districts, the barrier, hedge, or landscape
berm shall be a minimum of four {4) feet in height; except in commercial
districts, where the barrier, hedge or landscaped berm along street
rights-of-way shall be a minimum of three {3) feet in height. In all
industrial districts, the barrier, hedge or landscaped berm shall be a
minimum of five {5) feet in height. There shall be one {1} shrub or vine
for each ten {10} lineal feet of nonliving barrier and shall be planted on
the street side along public rights-of-way. All non-living barriers and
chain link fences abutting public streets shall be at least eighteen
inches inside the property line or within the building setback line, which-
ever is greater.
SECTION 20A-13.9: SPECIFICATIONS FOR LIVING PLANT MATERIALS
A. Trees. All trees shall be a minimum of seven (7) feet in height
with a minimum of five (5) feet of clear trunk space immediately after
planting.
Trees shall be of a species having an average mature crown of greater
than twenty (20) feet and having trunks which can be maintained with
over six (6) feet clear wood. Trees or palms having an average mature
crown spread of less than twenty (20) feet, n~y be substituted by
grouping the same so as to create the equivalent of twenty (20) foot
crown spread. Such a grouping shall count as one tree toward meeting
the tree requirement for any provisions herein. If palms are used,
they shall constitute no more than thirty-five (35) percent of the
total tree requirements for any provisions herein and shall have a
minimum of six (6) feet of clear wood. No other tree species shall
account for more than fifty (50) percent of the total number of trees.
B. ~?gbs. and .Hedges. Individually planted shrubs shall be a
minimum of twenty-four (24) inches in height immediately after plant-
ing. Shrubs planted for required hedges shall have minimum height
immediately after planting, as follows: two (2) feet for three (3)
feet high hedges; two and one-half {2~) feet for four (4} feet high
hedges and three (3} feet for five (5) feet high hedges.
Hedges shall reach the required height and form a solid and unbroken
visual screen within one year after planting.
C. Vines. Vines shall be a minimum of thirty (30) inches in height
immediately after planting and may be used in conjunction with fences,
screens and walls to meet physical barrier requirements.
D. Administration of Waiver Provisions. Where buildings or barriers
are located on adjacent properties within five (5) feet of areas
required to be landscaped, the required landscape strip sP':ati be
installed; however, a waiver may be granted for the required barrier.
E. Lawn Grass. Grass areas shall be planted in species nor)'T,a!!y
grown as permanent lawns in the vicinity of the City of S~bastian,
Florida. Grass areas may be sodded, plugged, sprigged or
except that solid sod shall be used in swales or other areas
to erosion.
XIII-4
When grass seed is sowed it shall be a variety of seed which produces
complete coverage within ninety (gO) days from sowing. In areas where
a ground cover other than solid sod or grass seed is used, nursegrass
seed shall be sown for immediate effect and protection until coverage
is otherwise achieved.
F. ~uality~ All plant material shall comply with Section 20A-13.81.
G. Synthetic Plants. Synthetic or artificial material in the form
of trees, shrubs, ground covers or vines shall not be used in lieu. of
plant requirements in this Section.
H. Berms. Berms are encouraged for use in meeting the landscape
barrier requirements of this Section. if berms are utilized, they
shall be landscaped with living plant material to achieve the required
heights.
SECTION 20A-13.10: INTERIOR LANDSCAPING REQUIREMENTS
A. Size and Composition. Off-street parking areas providing twelve
(12} or more interior parking spaces shall be landscaped with a
minimum of ten (10) square feet of landscape area for each parking
space. Each landscape area shall be a minimum of fifty (50) square
feet in size and contain a minimum of one (1) tree. The balance of
said area shall contain grass, ground cover or other living plant
material not exceeding two (2) feet in height, except that individual
shrubs which do not cause a sight hazard will be permitted to exceed
two (2) feet in height. The total number of required trees shall be
one {1) tree for each one hundred {100) square feet or fraction
thereof of required landscape area.
B. Use of Interior Landscape Strip. interior parking landscaping
shall, insofar as possible, be used to delineate and guide major
traffic movement within the parking area and to prevent cross space
driving wherever possible.. Landscaping dividing strips, with or
without walkways, shall be used to subdivide parking areas into
parking bays with not more than forty (40) spaces, provided that no
more than twenty {20} spaces shall be in an uninterrupted row. A
portion of the required landscaping for interior parking spaces may be
relocated so as to emphasize entrance corridors or-special landscaped
areas within the general parking area.
C. Other Vehicular Use Area Requirements. Landscaped areas shall be
required for drives, aisles, standing zones and other vehicular use
areas. For the first fifty-thousand (50,000) square feet of paved
area calculated landscaping shall be required at a rate of two (2)
square feet of landscaping fcr each one-hundred (100) square feet of
paved area. Thereafter, one (]) square foot of landscaped area shall
be required for each two-hundred (200) square feet, or fraction
thereof, of paved area for all paved areas over fifty-thousand
(50,000) square feet.
D. ~ecificatic~ns for Non-Vehicular Open S~Qce. All
non-venlcu)ar open spaces o~ any developed site in all zoning
XIII-5
districts, except for single-family detached dwellings, shall conform
to the minimum landscaping requirements herein provided unless
requirements of a stricter .nature are specified elsewhere. Non-
vehicular open space shall include all required open space in this
Code, pursuant to the review of site plans. Such non-vehicular open
space areas shall not include water areas. This requirement may be
waived by the Building Official for non-vehicular open areas which are
inappropriate for the introduction of trees.
Grass, ground cover, shrubs, and other landscaping materials shall be
used to treat all ground not covered by building, paving, or other
structures. All structures shall be treated with landscaping so as to
enhance the appearance of the structure and to screen any detractive
or unsightly appearance.
Trees shall be planted in the non-vehicular open space to meet the
following requirements:
% of Site in
Non-Vehicular Open Space
Tree
Renu i remen t
Less than 30%
30-39%
40-49%
50-59%
60% or more
i tree/2000 Sq. Ft. N.O.S.
1 tree/2500 Sq. Ft. N.O.S.
1 tree/3000 Sq. Ft. N.O.S.
1 tree/3500 Sq. Ft. N.O.S.
1 tree/4000 Sq. Ft. N.O.S.
SECTION 20A-13.11: PROTECTION OF LANDSCAPE STRIPS
All landscape strips shall be protected from vehicular encroachment by
raised curbing or. Where such strips abut parking stalls, raised wheel
stops shall be required to protect the landscape strip.
SECTIO~ 20A-13.12: REQUIRED COVERAGE
All landscape strips shall be covered by a minimum of seventy (70)
percent living plant material.
SECTION 20A-13.13: REQUIRED SIGHT DISTANCES FOR LANDSCAPING ADJACENT TO
PUBLIC RIGHTS-OF-WAY AND POINTS OF ACCESS
When an accessway intersects a public right-of-way or when the subject
property abuts the intersection of two {2) or more public rights-of-way,
all laF~dscaping within the triangular area described below in Subsection
20A-13.141 shall allow unobstructed cross-visibility at a level between
thirty (30) inches above the siaewatk grade and six (6) feet above the
sidewalk grade. However, trees or palms shall be permitted provided the
same are trimmed so as to allow visibility at the levels indicated above,
and provided they are located sc as not to create a traffic hazard,
A. Definition of ReqL~irecl Cl,.ar ~ones.
XIII-6
1. ~lear Zone ~djacent to the Intersection of an Accessway and
a Public Rig'h'~'O~'way. The tril~'ngul~r areas of property bn both
sides of an accessway formed by the intersection of each side of
the accessway and the public right-of-way line for a distance of
fifteen {15) feet in length along the accessway and eight (8)
feet in length along the public right-of-way, and the third line
connecting the ends of the two sides (Exhibit A on following
page).
2. Clear 2ene Adjacent to the Intersection of Two or .More
]nterseCl('ling Rig6'{s-Of-Wa~ ~he area of property located at a
corner formed by the~ntersection of two (2) or more public
rights-of-way with two {2) sides of the triangular area being
thirty (30} feet in length along the abutting public rights-of-
way measured from their point of intersection, and the third side
being a line connecting the ends of the other two lines.
SECTION 20A-13.14: REQUIRED LANDSCAPE PLAN SUBMITTAL
A. Landscape Plan Components. A landscape plan shall be submitted
to and approved by the Building Official prior to the issuance of a
building or paving permit. The landscape plan shall contain the
following:
1. Name, address and phone number of the owner and designer.
2. North arrow, scale and date -- minimum scale one (1) inch -
fifty (50) feet.
3. Property lines, easements and right-of-ways with internal
and property line dimensions.
4. Location of existing or proposed utility service.
5. Location and size of any existing or proposed structures.
6. Location and size of any existing or proposed site features,
such as earthen mounds, swales, walls, and water areas.
7. Location and size of any existing or proposed vehicular use
areas.
8. Location and size of any existing or proposed sidewalks,
curbs and wheel stops.
9. Location of sprinkler heads, hose bibs or quick cupplers and
other information on irrigation.
10. Calculations of required type, dimensions, and square
footage of landscape material and of required landscape areas,
including: total site area, parking areas, other vehicular use
area, percentage of non-vehicular open space, perimeter and
interior landscape strips, required number of trees.
11.
Location of required landscape areas and dimensions.
EXHIBIT "A"
CLEAR ZONE
~'------Pub//c R/ght-of. Way-~.-____~~,
CLEAR ZONE AT INTERSECTION OF ACCESSWAY AND PUBLIC R.O.W.
XIII-7a
12. Location, name, height, and size of all existing plant
material to be retained.
13. Location, size, height, and description of all landscape
material including name, quantity, quality, spacing and specified
size and specification of all plant material.
14. Height, width, type, material, and location of all barriers
of nonliving material.
15. Indicate location, dimensions and area of landscaping for
freestandir,g signs.
16. Show all landscaping, buildings or other improvements on
adjacent property within five (5) feet of the common property
line.
The landscaping plan shall be drawn by a Landscape Architect or other
person with comparable qualification in the field of landscaping.
B. Review and Approval Procedure. Plot plans may be subject to
review and approval of such City Ofticial as may be deemed advisable
by the City Council. A representative of the Building Department
shall inspect all landscaping and no certificate of approval and
occupancy shall be issued until the landscaping is completed in
accordance with the submitted plot plan and the requirements of this
Section. A decision on any related issue in dispute shall be resolved
by City Council after considering the technical advice of the Urban
Forester.
SECTION 20A-13.15: PLANT QUALITY, INSTALLATION, PROHIBITED SPECIES AND
MAINTENANCE
A. Plant Quality. All plant materials shall conform to standards
for "Florida No. 1" or better, as stated in "Grades and Standards for
Nursery Plants", Part I (1973) and Part II (1975), State of Florida,
Department of Agriculture, as amended. Grass sod shall be clean and
reasonably free of noxious pests or diseases.
B. Installation. Installation of all landscaping shall be in a
sound workmanship-like manner according to accepted good planting
procedures.
C. Prohibited Species. Prohibited species of trees shall be those
species 'whose' roots are known to cause damage to public roadways or
other public improvements. Prohibited trees include the following:
Australian Pine - (Casuarina equisetifolia)
(Casuarina lepidophlia)
(Casuarina cumminghamiana)
Chinaberry - {Melia azedarch}
Ear Pod - (Enterlobium cyclocarpum)
Brazilian pepper - (Schinus terebinthifolius)
Melaleuca - (Melaleuca leucadendron)
Prohibited trees shall not be used for requirements of this Article.
SECTION 20A-13.16: MAINTENANCE REq,UIREMENTS, iNCLUDING IRRIGATION
Maintenance of landscaping shall be the responsibility of the owner,
tenant or agent, jointly and severally. Said landscaping shall be main-
tained in a good condition so as to present a healthy, neat and orderly
appearance. All landscaped areas must be equipped with an irrigation
system approved by the Building Official. All landscaped areas shall be
kept free of weeds, refuse and debris.
If at any time after issuance of a Certificate of Occupancy or other
form of approval, the landscaping.of a development to which this Article is
applicable is found to be in non-conformance, the Building Official shall
issue notice to the owner that action is required to comply with this
section and shall describe what action is required to comply. The owner,
tenant, or agent shall have thirty (30) days to restore the landscaping as
required. If the landscaping is not restored within the allotted time,
such person shall be in violation of this Ordinance, the punishment for
which shall be as provided pursuant to Section 1-10 of the City of
Sebastian Code of Ordinances.
SECTION 20A-13.17: VARIANCES
A. Application. An application for variance of the standards of
this ordinance shall be filed with and heard by the Zoning Board of
Adjustments and said application shall:
1. Be filed on forms provided by the City Clerk.
2. State clearly and in detail the variance requested and
reasons therefor.
3. Be accompanied by sketches, surveys and statistical informa-
tion.
4. Be accompanied by an application fee, the amount of which
shall be determined by the resolution of the City Council.
5. Be executed and sworn to by the owner or authorized agent.
B. Criteria for Approval. The Zoning Board of Adjustments may
approve or grant said variance only if it determines that said vari-
ance is not contrary to the intent of this ordinance and that a
literal enforcement of the standards of this ordinance would be
impracticable and would result in an unreasonable and unnecessary
hardship.
I
XIII-9
SECTION III.
This Ordinance shall take effect immediately
upon becoming law.
I HEREBY CERTIFY that the foregoing Ordinance
was finally passed by the City Council of the City of
Sebastian, Florida, on th~ ~-4 ~~
-- day of.. ~b~, , 1983.
Mayor, rcity of Seba~ian
City Clerk
I 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 the City Hall of the City of Sebastian,
Florida, at~;.~,/R.on the. ~ day of ~ff~,
1983, and that the foreg'oing Ordinance was duly passed and
adopted by the City Council of the City of Sebastian,
Florida, on the_~ day of {~j_~~ , 1983,
C2ty Clerk. ~