Loading...
HomeMy WebLinkAboutCHAPTER #202 .1' . . ..", OhDlNANCE NO. ~CJ7--' AN ORDINANCE REVISING ORDINANCE NO. 159 OF THE: CITY OF SEBASTIAN, AND ALL AMENDMENTS THERETO AND RELATING TO ZONING OF THE CITY OF SEBASTIAi'J, AND ENACTING IN LIEU THEREOF A NEVv ZONING ORDINAN CE TO PROMOTE THE HEALTH, SAFETY, MOHALS AND GENERAL WELF AHE OF THE INHABITANTS OF THE CITY OF SEBASTIAN, FLORIDA: TO FACILITATE THE ADEQUATE PHOVISION OF THANSPORTATION, SK\ivERAGE, WATER, SCHOOLS, PARKS Al'JD OTHER PUBLIC REQUIREMENTS, AND TO REGULATE AND RESTHICT THE LOCATION AND USE OF BUILDINGS, STRUCTURES, LAND AND Vt ATEH FOR THADE, INDUSTRY, RESIDENCE OR OTHER PURPOSE, TO REGULATE AND RESTRICT THE ERECTION, CONSTRUCTION, RECONSTRUCTION OR ALTERATION OF BUILDINGS: TO REGULATE AND RESTRICT THE HEIGHT, NUMBER OF STORIES AND SIZE OF ALL BUILDINGS AND STRUCTURES, AND THE SIZE OF ALL YARDS AND OTBE H OPEN SPACES SURROUNDING BUILDINGS: TO REGULATE AND HESTHICT THE DENSITY OF POPULATION, AND FOR ALL SAID PURPOSES TO DIVIDE THE CITY INTO DISTRICTS OF SUCH NUMBER, SHAPE AND AREAS AS MAY BE BEST SUITED TO CARRY OUT THESE REGULATIONS: TO ADOPT A ZONING MAP OF THE CITY OF SEBASTIAN: TO PRESCRIBE PENALTIES FOR THE VIOLATIONS OF ITS PROVISIONS: TO PROVIDE FOB. CHANGES AND AlVIENDMENTS: TO PROVIDE FOR ITS ENFOHCEMEN'r: TO PROVIDE FOR A BOARD OF ADJUSTMENTS AND TO PREseHIBE THEIR POVvERS AND DUTIES. - WHEREAS. the Council of the City of hiebastian deems it necessary in order to lessen congestion in the streets; to secure safety from fire, panic and other dangers; to promote the health and general welfare; to provide adequate light and air; to prevent overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provisions of transportation, water, sewerage, schools, parks and other public requirements, to make and promulgate such regulations with reasonable consideration among other things, to the character of the district and its peculiar suitability for particular uses, and to conserve and stalilize property values and encourage the most appropriate use of land throughout said city in accordance with a comprehensive plan, NOW, THEREFORE, THE COUNCIL OF THE CITY 01<' SEBASTIAN, HEREBY ORDAINS: SECTION I. DEFINITIONS For the purpose of this ordinance, certain terms and words are defined as follows: All words used in the present tense shall include the future tense; all words in the singular number shall include the plural number and all words in the plural number shall include the singular number unless the natural construction of the wording indicates otherwise; the word listructure" shal11nclude the word Itbuildingll, the word :Ilot I shall include the words l'plotH and l'tractll and the word !tshall" is mandatory. ACCESSORY STRUCTURE: A building the use of which is incidental to that of the main building and located on the same lot or parcel of land. ACCESSORY USE: A use incidental and subordinate to the principal use or building and located on the same lot or parcel of land with such principal use or building. -" .-<'~ "d<...""",~.,.,'-,~.h ..-. '1','.;- 'jt ~'. " ''>], ~~.;_.."', _,-1,"/"~,!',W.l'~.>:t',_,-'~,iO':::';_,:;:,',,:f_t.. ;,~b.. . ": 'f ". '. ;....~~~. ,,~. "':. : l i, ,;.t.~ :;'~"" . ..' .. :.. ..,(.~~,~.~~,..,.~~:' I~ . ,,;',,\ H,:J r." .',. <l:~4.">;:' '.: .:..:~:: ,::., .~:f.:':~";': .a~ A detached buUding designed for, OR occupied exclusively by one family as a house- keepirll. unit. DWELLINq'jTWOFAMI~Y (DUPLEX>, A detacb.edbuild1ni designed for or occupied exclusively by two famiUes only living independently of each Other. . DWELLING. MULTIPLE . . . A building or portion thereof designed for occupancy by three or more families living Indep6ndently of eaeh other (See Apartment). EFFICIENcY APARTMENT -.-' --,',. '-' ~ A dwelling unit eonsisting principally of one room and alcoves, equipped with kitchenette and bath, and having an aggregate floor area of not less ~n 336 square feet, designed and intended to be used as the temporary abode of transients and seasonal occupants. DWELLING, SINGLE FAlVIlLY ......"..... . ~- An open unoccupied spac., other than a yard, on the same lot with a building and bounded on two or more sides lIy sueh building. COURT BJJILDING, HEIGHT OF The vertical dietaneemeasured from the average ftnish grade elevation to the highest point of,theroof. Any structUre having a roof "supported byeolumns or walls. BUILDING - A story partly underground but hav1ng mare than on....half U /2) its clear height below the mea.n grade. BASEMENT _'!!!Ii.'!i!!!I' BOARDIl\!~ HQUSE Any dwelling, in whicbtwo or nlOl'e persons either 1ndivi<1uaUy or as families are hOWled or lodged' for! hire, wUh or without m_ls. A group of attached or detached buildingsQOntaining individual sleeping units, designed for or used temporarily by automobile tourists or transients with parking space con- venifltntJylocat.dto eaCh unit, includ1ng auto courts, motels or motor lodges. A building or structure arranged, intended or designed to be occupied as the dwelling place of three or more famiUes living independently of each other (See Dwelling, Multiple). 'YT6:t40B~LE COUR T(MOTEL) APARTMENT HOUSE A roadway which affords only a secondary means of access to abutting property and l!ot intended for general traffic circulation. ALLEY: I .. " . . e . . -': ':. '.':. -'" ~I, ' '" f,:"Ii'~.. 'II.t.r~ " j" .. ,- ',"...- Jj..,-':_ ..,<l!.ftL~. ""'~.~:~,~ " ,~'.. ...3.. Any occupation in connection with which there is kept no stock in trade nor commodity upon the premises; no person employed other than a member of the immediate family HOME OCCUPATION A guest cottage is a building occupying not more than 50% of the total square foot noor area of the main building used e>=clusively for housing members of the family occupying the principal dwelling and for their non-paying guests. It shall comply with the general building height and yard regulations for main buildings. GUEST cpTTAGE Any dwelling in which rooms are rented for the temporary care of lodging of transients and trave. lers for eompensatlon and so advertised to the public. . ',.,"" , GUEST HOUSE - ... (c) For buildings having no wall adjoining the street, the average level of the finished surface of the ground adjacent to the exterior walls Of the building. (b) For buildings adjoining more than one street, the average of the elevations of the sidewalk at the centers of all walls adjoining streets. (a) For buildings adjoining one street only; the elevation of the sidewalk at the center of the walllldjoining the street. 9RADE Any buildina or premises; other than a private or public garage, used exclusively for the parking or storage of motor vehicles. GARAGEL STORAGE ' A building or portion thereof; other than a private or storage garage, designed or used for servicing, repairing, equipping, housing, selling or storing motor driven vehicles. GARAGE, PUBLIC aARAG~..l f19V ATE A detaebed aceessol"y building or portion of a principal building for the parking or temporary storage ofautomoblles of the occupants of the premises. A private garage shall include carports. AU tAeprope!'tJ abutUnI on one side of a street between two intersecting streets" mea. urad aloa,the street line. F~ONTAGE Any building or premises used for the dispensing, sale or offering for sale at retail of any automobile fuels or oils. When the dispensing, sale or offering for sale is incidental to the conduct of a mechanical garage, the premises are classified as a mechanical garage and if incidental to the conduct of a public garage, the premises are classified asa pulUc prage.. FILLING STATION ~ -.....- ~ ... A number of individuals living together as a single housekeeping unit and doing thei r cooking on the premises, as distinguished from a group occupying a boarding house, lodging house, or hotel, as herein defined. FAMILY .,.,. . . e '. . .. ':';~i'.t, '~_ _ :"" ", '~'1~~J:.~-,,;\~~,':i'.,. .:._.': ...4- A lot having a frontage on two (2) non-intersecting streets, as distinguished from a corner lot. LOT, DOUB~EFRONTAgE The Unes bounding a lot. LOT LJNES A lot other than' a corner lot. LOT ,INTERIOR .... , .... The depth of a lot is the distance measured in the mean direction of the side lines of the lot from the midpoint of the front lot Une to the midpoint of the opposite main rear line of the lot. LOT DEPTH A lot which 18 a part of a subdivision, the map of which has been recorded in the Public Reoords. LOT OF RECORD LOT~ CO~J!I:R A lotabutUDg upon two (2) or mare streets at their intersection. A parcel of lIlAd occupied or intended for occupancy by one main building together with itsaccessol'y buUdin.i 1nclu~gthe open spaees and parking spaces required by this ordinance. Forth. purPose of this ord1nance the word 1 'lot II shall be taken to mean any number of contiguous lots or portions thereof, upon whieh one' Or more main structures for a single use are to be erected. WT Any house, or other structure or any place or location kept, used, maintained, adver- tised or held out to the public to be a place where living quarters, sleeping or house- keeping accommodations are supplied tor pay to transient or permanent guests or tenants. LO~G~G lR90MING) HOUSE A space on 'the. lot orparee1 of la:nd accessible to an alley or street not less than ten (10) teet in width, twenty (20) feet in depth and ten (10) feet in height. LOADING SPACE ...._ "l' _"'"' A building or other structure kept, used, maintained, advertised a8 or held out to the public to be a place where sleeping aeeommodations are supplied for pay to transient or permanent guests or tenants, in which ten or more rooms are furnished for the accornmo- dation of such guests; and having or not having one 01" mored.in!na rooms" restaurants or cafes whe... meals or lunches are served to transients or permanent guests, such sl..pingaccommodationsand dining rooms, restaurants or cafes" if existing, being conducted in theaame buUding or buildings in connection therewith. HOTEL -... residing upon the premises; and no mechanical equipment ueed exeept such as is p.rm1salble tor purely domestic or household purposes; and in connection with which there is used no sign or display that will lndLcate from the exterior that the buUding is being utilized in whole or in part for any purpose other than that of a dwelUng. '-e e . . "'i .r, ",'" ...5- An area containing one or more structures designed or intended to be used as temporary Ihing quarters d. two or more families and intended prlmarUy for automobile transients. TRAILER CAMP """'" .,.., Any sttmcture used for living" sleeping" business or storage purposes" having no foundation other than wheels" blocks, jacks, skids, horses or skirtings" and which has been, orreUlonably may be" equipped with wheels orotber devieesior transpor- ting the strudure fromplaee to place" whether by motive power or other:wise. The term "trailer" shall include camp car and house car. For purposes of ~s ordinance a trailer is a single family dwelling and shall conform to all regulations &ereof, 'except when located .U1 atraUer or tourist camp as provided herein. ' T~R Any change in the sbpporting members of abuilding, such as bearing walls, bearing partitions, columns, Hams or girders" or any complete rebuilding of the roof or the exterior walls. STRUCTURAL ALTElitA TIONS ..... ... /, ' Anything eons truete<tor erected, the use of whichrequire.s permanent location on the land" or attached to aomething having a permanent location on the land. STRUC!URE A dividing line between a lot, tract or parcel of land and a contiguous street. -t, STREET LINE ..--" STREET 'a,_".. ._~ A public thoroughfare which affords principal means of access to abuUingproperty. \ A story under a gabled. hipped or gambrel roof" the wall plates of which On at least two (2) opposite exte,rlor walls as-enat more than three (3) feet above the finished fioor of such story. ST9RYl! ~J-F That portion of a building included between the surface of any noor and the surface of the next floor above it" or if there be no fioor abovett" then the space between such floor and the celling next above it. In computing the heIght of a building" the height of basement or cellar shall not be included if below grade. STORY A surfaced area, enclosed or unenclosed, sufficient insae to sto!". on. automobile,. together with a driyeway connecting the'parJdng $p&ee with' a $treet or alley and permitting ingress and egress of an automoblle. PARKING SPACE I. . _..._ Any bu1lding or land lawfully occupied by a use that at the time of the passage of this ordinance or amendments thereto" does not conform after the passage of this ordinance or amendments thereto with the use regulations of the d1strict in which it is situated. NON"'CONFO.!!MI~Q UB"E "e ~. e . . -. .' R:_~___.i..-,~\'>'f ,"' ..... ,:;'. ~, -6- I I In the creation" by this ordinance, of the respective districts, the Council has given due and careful consideration to the peculiar suitability of each and every such district for the particular regulations applied thereto and the necessary, proper and eompre- The boundaries of. the distriets are shown upon the map accompanying this ordinance and made a part thereof, u.~ entitled "ZONING MAP OF SEBASTIAN, FLORIDA, 1963". 'The Zoning Map i.s displayed in the CityHaU, City of Sebastian and is signed by the .Mayor and attested to by the City Clerk. The Zoning Map and all the notations, references and other information shown thereon are a part of this ordinance and have the same force' and effect as if such information set forth on the map were all fully described and set out herein. Smgle FamUy District Multiple EamUy District Retail Commereial Industrial R-1 R-2 C-l C-2 M4-1 (blue) (green) (yellow ) (red) (black) In order to t'egulate and limit the height and s~e of buildings; to regulate and limit the intensity otthe use of lot areas; to regulate and determine the areas of open spaces within and surrounding buildings; to classify, regulate and restrict the location of trades and industries; and the location r4 buildings designed for spec1f1ed industrial business, residential and other uses, the City of Sebastian. Florida, is hereby divided into districts of which there shall be five (5) known as: SECTION II. DISTRICTS AND BOUNDARIES THEREOF .:'.1' r ''1.' or ,,-~-....:.....,,~.~~ _". T..r"'~~,~T .,,!,,~}.~_,-,-}'\,""t~"."''!II..,'f_-:.I(,'" '~\"_J!"{l )''''''~'~T-;:-LJ A yard extending across the rear of a lot :measured between lot Unes and being the :minimum horlsontal cUstance between the rear lot line and the rear of the main build- ing or any projections other than steps, unfmclosed balconies or unencloeed porches. Oneorner lots the rear yard shall be considered as parallel to the street upon which the lot has its least dimension. On both corner and interior lots the rear yard shall be, in all cases, a~ the opposite end of the lot from the front yard. YARD, BIJAR L __IILL A yard betwee~ the building and the side line of the lot and extending from the lot Une to the rea~ lot! line.. YARD, SmE Aya1"'d across the full width of the lot, extending from the front line of the building to the front line of the lot, excluding steps. YARD, FRONT _.-. ~~_V An open space on the same lot with a building, unoccupied and unobstructed from the ground upward, except by trees or shrubbery or as otherwise provided herein. XARD A lot or group d contiguous lots used for the dismantling or wrecking of used auto- mobiles or the storage, sale or dumping of dismanUed or wrecked ears or tblu- parta. USED CAR JUNK YARD ~ ~ . A lot or group of contiguous lots, used for the storage, display and sales of used automobiles and where no repair work is done except the neeessary reconditioning of the cars to be displayed and sold on the premises. USED CAR LOT ~ e;" e " .' ~ ...1- 5. All territory which may hereafter be annexed to the City of Sebastian shall immed- iately be designated an R...l District. 4, Where any street or alley is he reafter officially vacated. or abandoned, the regula- tions applicable to each parcel of abutting property shall apply to that portion of such street or alley added thereto by virtue of such vacation or abandonment. 3. In ease any further uncu1a1aty exists, the Coundl sbal1lRterpret the intent of the map as to location of such boundaries. 2. In unsubdivided property or where a district boundary divides a lot, the location of such boundary, unless the same is indicated by dimensions, shall be determined by the use of the scale appearing on the original map. Where a district boundary divides a lot, the zone class1tieaUon of the greater portion 8.11 prevail throughout the lot. 1. Where suQh district boundaries are lndieated as approximately following street lines, alley Unes or lot lines, such lines shall be construed to be such boundaries. Where uncertainty exiate: as to boundaries of nny district shown on said map, the follow" ing rules shall apply: The boundaries of such districts as shown upon the HJap adopted by this ordinance or amendment thereto, are hereby adopted and approved and the regulatiORll of this ordinance governing the use of land and buildings, the height c:4 building, build1ng aite areas, the size of yards about buildings, and other matters as hereinafter set forth, are hereby established and decla*-d to be in effect upon aU land included within the boundaries of each and every district sbown upon Mid map. I. Whenever a dwelling is to be erected In a district other than a residential district, the minimum. requirements pertaining to the distrlotlin whicb the proposed type of dwelling iathe lowest use permitted shall appl)'. 4. Where front yards bave been estabUshed or may be established on each of two inter- secting streets, there shall be a front )'"ard on each street side of a eorner loti provided, however, that the buildable width of 8uch lot shaU not be reduced to les8 than thirty (SO) teet; provided, further that no accessory building on a corner lot shall project beyondthe front yard Une on either street. 3. In single family zones every building hereafter ereeted or strocturally altered sban be located On a lot as herein defined and in no case shall there be more than the principal building and the customary accessory buUdings on one lot or parcel of land. 2. The minimum yards and other open spaees including the "intensity of use" proviSions contained bl this ordinance for each and every building hereinafter erected or structurally altered, shall not be encroached upon or considered as yard or open space requirements or i'tntensltyof use" requirements for any other building. 1. No bu11dlng shall be erected, reconstructed or structurally altered, nor shall any building or land. be used which does not comply with regulations. The Southern Bullding Code exisUng on the effective date of this ordinance is hereby put and made a specified provision"e;of this ordinance as to all structures erected; the original BuUdilllCodeIteI.R. on file in theotf1ce of Ute City Clerk, C1V of S"t1aa. SECTION m. EXCEPT AS HEREINAFTER PROVIDED .llLfilll<.1A """..".,.I........j~_<I\\. .-,f...,_"IIIIIit(~~~ '..'r'..-I~...(~ ''''''''...._.....'''::~_"...t~~,,;jj:,.....l,j....f';rl~_..... ,~~_" ,"'~..""'('~..:!t'fi((~4(n..,j\lt. hensive groupings and arrangements of the various uses and densities of population in aceordance with a well considered plan for the development of the C1ty, untilother- wise changed by ordinance as provided herein. '.- . . e e " .~ ~~.. .r~ ,.. ,:-IJ' ,.,:'::\, .8.. Every lot shall have an area of not less than seventy..five hundred (7500) square feet and a minimum frontage at the building line of at least seventy.five (75) feet. If a lot has less area or width than herein required and was of record at the time of the effective date of any ordinance with this requirement, said lot may be occupied by a single family dwelling provided, however, that the minimum side, front and rear yard requirements as set out in this section are conformed with. Wherever, however, the City of Sebastian has sold or hereafter disposes of land to which it has or holds title, with the provision, express or implied, that the entire plot so transferred shall be used only for a single family dwelling, such plot may not be used for more than one single family dwelling even though it may be composer of two or more lots of record as of the date of the adoption of this ordinance. B. BUILDING SITE AREA REQUI~ED 10. This section specifically excludes fraternal lodges and organizations, which are provided as hereinafter set forth. 9. This sectiOn specifically excludes professional office buildings such as doctors, dentists, engineers, artists, etc. which are provided as hereinafter set forth. 8. Home occupations such as any occupation or profession carried on by a member of tbefamily residing on the premises, in connection with which there is no name plate exceeding one square foot in area, nor any artificial lighting, nor any display that will indicate from the exterior that the building is used in part for any purpose other than that of a dwelling, and in connection with which there is kept no stock in trade nor commodity, and no mechanical equipment is used except such as is customary for purely domestic or household purposes. An office similar to that of a physician, surgeon, dentist, artist or musician is considered a home occupation, provided such office is incidental to the main use of the building as a dwelling. 7. Guest cottage may be erected providing the living quarters shall not be greater in floor area than 50 per cent of the total floor area of the main bUilding. 6. Accessory buildings, detached carports and garages shall be not less than ten (10) teet from the side and five (5) feet rear lot line, and when located on a corner lot, the building line on the street side shall be twenty (20) feet from the front propertyl1ne. Accessory living quarters shall be located not less than forty (40) feet from the front lot line and not less than twenty..five (25) feet from any other street line, and twenty (20) feet from the t'ear lot line, and not less than fifteen (15) feet from side lines. 5. Golf Course, except miniature courses and driving tees operated for commercial purposes. 4. Munioipa11y owned or operated parks and playgrounds. 3. Churches, provided such strUcturE":t:: observe the yard provisions of the district in which they are located, and further provided that any church constructed on a new site shall provide off...street parking space upon the lot or on contiguous lots adequate in area to accommodate one car for every ten (10) persons for which seating is provided in the main auditorium of the church exclusive of the seating capacity of Sunday School or other special rooms. 2. Public schools, elementary, high aoo educational institutions having a curriculum the same as ordinarUy given in pUblic&.'chools and colleges. 1. Single family dwellings. A. USES PERMITTED SECTION IV. R..1 SINGLE FAMILY DISTRICT ... .~~. ~ ._~ -,. _~ ~ ......l.......~: - ,- ,. '_~ _,-fw.L\_-~I_i_ 'a . .- e e '" .(':11""..... " ! 't- -9- .. Hotels 1. ADf use permitted in the R-l District. 2. Two Family c:JwelUnp (duplexes). 3. Apartment hou.e. (Jnult1pl. tandly dwellings). A. USES PERMITTED ., .'\0.""1" \, ".' '- SECTI. ON.. V.., . it.-:.", K, :___,_.~. . '...."",,,.... ','~W\_: ..'''-'''"'..:'''''0,\"" 1. I I r I I I ] In reeid.ncedistricts as herein defined, there shall be no obstructions to vision planted or erected within twenty (20) feet of the corner of any street intersection except sip deallfaatiDg persons reslc11ng and sips relative to theaale Qf such property or reoUn. of such property. I. OBSTlUCTIONS TO VmlON .........__Lti"; 00":.'" .__...., . '-"'""__ :"1"_00'\'''''' . __ Where a1110te other than corner lots have frontap on two streets. the abqve front yard frontage requirements sba11 apply to only one of such street. and provided further that aBto the remaining street there shall be no less than ten (to) feet yard frontage. No but1d1ng _ballexcGed twenty-eigbt(28) feet in height. H. F'RONTAGE ""'" . ...."~~- AY~' The minimum required ground or first floor area, exclusive of porches, terraces, attached "1'&"', carports or unroofed areas, shan be 825 square feet for a sinale story dwelUq ... 815 square f.et fora two-.tory -.lUna, prorided, however, the total of I\U1Y two-story dwe~l.han be 1, 200 square teet. G. BUILDING HEIGHT UMIT 'll.... -\'\O!' _ \' II. .-.. ,I "'1\'" _.1 'I\l~"'''''\ D. SIDE YARD REQUIRED . \ . - ,. ,\"1''''__ _"'~__ ~ 10. _:"11" On lots or parcels of land havin, a width of seventy-five ('75) feet or more, there shall be a .ide yard on each side of a bulldinl of not lel8 than ten (10) feet. On lots lavin, w1cltba of 1... tban seventy-five ('70) feet, tbe aide yard on each side of the build1n,...U be not le.s than.n percent (10") of lot width. E. I!JA.~ J A:.~~ RE~,VI.!iED There sball be a rear yard for the main building having a depth c1 not le8s than fifteen (15) feet. On comer lots there sball be a set back of not le88 than nlteen (15) feet. F. ~!NW~ FL<?O~\~RE.l~ \!t~QYl!\~I? c. FRONT YARD REQUIRED ,~ -,~ .'. -"'J..,Ii"....'...,l/l.' .,. 11 There shall be a front yard having a depth of not les8 than twenty (20) feet measured to the front line of the main buUdinC. Where lots compris1n, twenty-five (20) per eent or more of the frontage on the aame street within the block are developed with buildings havin. an avera,. yard with a variaUOIlin depth of not more than six (6) teet. no buildin, hereafter erected or structurally altered shall p~ject beyond the average front yard 80 estabUshed, but DO more than th1rty-flve (35) feet .hall be required. Wile... the diataace betwe. dweut.rap Oft adjacent lots 18 two hUllCU-ed (200)Ffeet or more, the above front yard requirement will not apply. Where interior lots have a double fron.,., the required front yard sball be pnwided'" botIa.8*"et8. -'e' e '. .. .,:'",''' . ," ~'.':'i: :'j-. ,t,'~. ., ~ .:.!~ r, ,r .: ~" ~ 'I ~.;'., .~'..""'~.l"Js.:'. ..10.. Where all lots other than corner lots have frontage on two streets, the above front yard frontage requirements shall apply to only one of such streets and provided further that as to the remalningstreet there shall be no less than ten (10) feet yard frontage. There shall be a front yard not less than fifteen (15) feet deep measured to the front line of the building. Where lots comprising 25 per cent or more of the frontage on the same street within the block are developed with buildings having an average yard with variation in depth of not more than 'six(S) feet, no building hereafter erected or structurally altered shaU project beyond the average front yard so established, provided the front yard shall not exceed thirty..five (35) feet. Where the distance between dwellings on adjacent lots is 200 feet or more, the next above yard requirements will not apply. C. FRONT YARD REQUIRE:Q. In computing the floor space as provided above, the areas occupied by porches, patios, terraces, attached garages, carports or non-roofed areaS shall be excluded. Where a lot--has a.n area less than the above required minimum and was of record at the time of theeUective date of any ordinance with this requirement, said lot may be used provided all set backs and land area requirements of this zone are observed. 7,500 5,000 2,500 2,500 2,500 2J 500 1, 000 Square Foot Area of Living Quarters per Family Unit 825 700 400 400 400 400 400 One Family Two Family Three Family Four Family Five Family Six FamJ,ly Seven Family or over Square Foot Land Area Required per Family Unit on Ground Floor Number of Dwellings For the following specified uses every lot or parcel of land shall provide a land area for eachtamily unit of at least the amount indicated: B. BUILDING SITE AND FLOOR AREA REQUIRED \~~- 13. This section specifically excludes fraternal lodges and organizations, which are provided a8 hereinafter set forth. 12. This section specifically excludes professional offices such as doctors, engineers, dentists, etc. which are provided as hereinafter set forth. 11. Nursery schools and kindergartens. 10. Automobile Courts (Motels). 9. Libraries, Community Centers and buildings used exclusively by Federal, State, County, City Government for public purposes. 8. Accessory buildings and uses customarily incident to any of the above uses, including private garages when located on the same lot and not i " 'olving the conduct of a business. 7. Guest houses. 6. Hospitals and clinics, except animal hospitals and clinics. 5. Boarding and lodging houses. ~..: . . .. ":"~'.')\~,i,~.,. ..' ." .. 'A ,'" ~ ,"" It, ~~> . ': '~.f .' ','"l'f' -11- 7. CommeJ:'dal amusements, including theatres, ballrooms, eommereJa1 games and sports. 6. Vocational schools, including trade, seeretarial, art, professional, musie, dancing and dramatie schools. ' 5. Trade service establishments, laundries, shops tor the sale and re~ir of batteries, radios,bleye1e., guu,shoes. tins" typewriters" watches" jewelry and other mech- am.SIl'UJ; shops for interior deeorators, painters, paper hangers and plumbers; address- ingartd lhallIn!, adftrt181nt.ddd1st~ m11lUp-apldng. printing and photop"a~. laboratories; alltomobl1e fU.11ngandpal"king stations, automobile sales rooms. 4. Offices, including medical, dental, legal,. scientific, engineering, fine arts and literary offices, but not includingfottunetellers or psyehi ea. 2. Agencies. induding financla.1 institutions, insurance, rentaJ and real ..tate offices. 3. Personal aenice ..tablishmertta,1ncluding barber shops, beauty shops and, e1inies. 1. Any use permitted in R..l and R-2 Districts. A. USES PERMtTTED ,..-_ I;, " SEC'X'ION VI.C-1 RETAIL ,~%-J, -r' ,... _,!t~ _'"_'it._ ~..~..... f Where a lot has an area less than the above required minimum and was of record at the time of the etfeet1ve date, of any ordinance with this requirements, said lot may be used, provided all eet backs and area requirements fIltlUs zone ate~.rved. There sballbe J10 sip or otheroblltruottons 01 view within ten (10) teet of thefl'Olltol' sicHt lines. Hotel roomsshaU comply with Florida Ho\e1 and Restau:rant Commission Regulations. H. OTHERREGpLA';f10NS A lot occupied by a stl'Uctu:re authoriced for mUlti...family dwelling, or for lodging houses, motels, hotels and ether Uke structures" shall be provided wlthacoesslbl. parking space on the lot, either prase" carport or area, adequate to accommodate one automobile tor eachdwellingunit)frcv1ded. A minimum of 200 square teet required tof' parking each automoblle. No building shall exeeedtWrty-eight (8S) feet in height. G. PARKING REGULA TIONS ...- . ,: -' F. BUILDINGImlQHT LIMIT ",....I........~,.,..._.t.\,',., ""'If".~ ,:--' " There a hall be a rear yard of not kss than ten (10) feet. Oneorner lots, there shall 'be a set back at. not 1e8s than ten (lO)f.et. D. SIDE YARD REQUIRED _' '.'__ ' ',. ._1... ...:... There shall be aside yard oneaeh side of a building having a width otten (10) feet or 10 per cent of the width of the lot line" whichever is larger. B. REAR YAR,D REQUmED ---.III- ., ........... '.,': . . "".,...~,.'.~ '.. '~"i;.."."" \ ,... . ., . ~,.'" ,.:.:.. '-., ..;, -12... A. USES PE2MITTED ......--;. .. SECTION Vll. C...2 COMMERCIAL ." 'I!( J ~ ~_ :'~"")i.,~.''f' "'\___~__"...1.J ;-~- .. ~ __~I.J~'N___.u Theresba11 be no signs erected in ~e front yard area larger than five square feet and provided that such requirement shall nOt apply if such sign is attached to the main building and when said sign is attached. to the structure, the sign shall ext end no further than five (5) feet from such structure. H. SIGN REGULA TION .. No tank for flammable or explosive storage may be placed above the ground in this zone. Tanks above ground for any other use not to exceed 300 gallons. Set back from front property line twenty...five (25) feet. G. TANK REGULATION When not on City sewer system adequate area must be provided for septic tank and drainage field as required by the Sanitary Code adopted by the Board of Health of Florida. F. AREA FOR SANlT A TION .. ~t There shall be a rear yard not less than five (5) feet in depth measured from edge of service alley. Service alley required fifteen (15) feet. E. REAR YARDS REQUIRED , J There are no side yards required in this district. ... D. SIDE YARD REqUIRED There shallb~ a front yard having not less than ten (10) feet measured to the front Une of the building, with the exception that they shall comply with the set backs of the existing buildings on the same block providing such block has buildings existing of 25 per cent of the area of such block. Corner lots shall.have such set back on both abutting streets. c. FRONT Y ARDREQUIRED . ...... No minimum requirements except that in no case shall the site have less than fifteen (15) feet frontage on the street. B. BUILDING SIJ'E AREA REQUI~ED 12. This section specifically excludes trailer parks, which are provided a8 hereinafter set forth. 11. SpecWcally excluding industrial establishments using mechanical equipment for production other than those specifically enumerated above. 10. National recognized fraternal lodges and organizatf.~ns. 9. Funeral home s. 8. Retail stores, including department stores, drug stores, restaurants and cafes, but not including lumber yards, junk dealers, auto wrecking, mechanical garages or any business where the materials sold are not housed within a building. ,,-. r '. .' .. '., , .l.. "I.......JI '.'_~ ""13- B. fRONT-" S!DEAND HEA,R YARDREQVIRED There must exist on the rear of structure a sex-vice alley of not less than fifteen (15) feet of lot line of such structures. A. USES PERMITTED .. ~.,. ~ ,,~ In the M-llndu.trial District &l\Ybul.ldina or land, except as otherwise provided in this ol'dinanee, may'" used for anyuBe permitted in theC..2 Commercta1 provtded that there should be no heavy industry wbidl would Ite detrimental to the health and safety of the community. No use will be permitted which is obnoxious because of the emission of dirt, gas, odors, smoke, fumes, noise, vibrations or possesses an abnormal explosion hazard. M-l INDUSTRIAL ~, ~ .\iI.\ .......... SEc'rlON vm. There shall be no signs ereeted.lnthe front yard area larger than fi". square feet and provided that such requireme ntahall not apply if such sign is attached tb the main building and when said sign 1s attached to the main structure, the sign shall extend no further than five(S) feet from such structure. G. SIGN RBGULA nON .., ... \IJ"- 'I 1- No tankfol' flammable or explosive storage may be placed above the ground in this zone. Tanks above the ground for any other use not to exceed 300 gallons. Set baelt from front property line twenty...five(25) feet. E. TANK REGULATION ~.j . - D. S~,~y"ICB ALLEY REG\!UIRED There shall be a service alley not less 1han Meen (15) feet required. When not on City sewer system#adequate area must be provided for septic tank and drainage field as required by the Sanitary Code adopted by the Board of Health of Florida. . c. AREA FOR S~lTATI0N There shall be no minimum area, front, side and rear yard requirements. Ample and adequate space shall .. loft around and about each industrial plant or other develop- mentt) permit ready and_sy access of tire fighting apparatus. B. FRONT~ SIDE AND REAR YARD R~UmED _/I'. ' ,.,. , . \. ~ \ .'i ;~.~ . 7. SpeeifieaUy excluding industries which emit dust, odors. smoke or fumes. 5. Nurseries. horticultural It Tndler parks. 4. Cleaning a....d dyeing estabUshments. s. Any business or estabUahment of a gene...l retaU# wholesale or service type. 2. All places of amusement. used car lots, lumber yards.. light manufacturing. light industrial plants, mechanical garages, storage yards, small anbnalhospltals. 1. Any uSe permitted in R-l and R-2 and C-l Districts. ~ ".. . ." . ", ..,. ...14" If no st:ructu,:-al alterations are made, a non"'conforming use may be changed to a use of the same or h.1gher classification aecording to the provisions of this ordinanee. When a district shall hereafter be changed, any then existing non-conforming use in The lawful use of "landI' exisUng at the time of the passage of this ordinance, although such use does not conform to the proviSions of this ordinance, shall not be affected by this ordinance; provided, however, that no such non"'conforrning use shall be enlarged or increased except as herein provided by this ordinance, nor shall any non" conforming use be extended to occupy a greater area of land than that occupied by such use at the time of the passage of this ordinance. If non-conforming use is discontinued for a continuoul! period of not less than sixty (60) days, any future us. of said land shall 'be in conformity with the provisions of this ordinance. Provided, howev.r, that where "land" whieh is not used for a use excluded from the district in which such "land" is located ani such use is not an accessory to the use of a main 1:m1lding located on tlw same lot or grounds such non-conforming use of "landt! shan be dis- continued and all material oompletely removed by its owner not later than one (1) year from the date of the passage of this ordinance. The lawful use of a ''building'' existing at the time of the passage cl. thiS ordinanee s hall not be affeeted by this ordinance, although such use does not conform to the provision of this ordinance; and such use may be extended throughout the building, provided no structural alterations, exeept those required by law or ordinance, or order by an authorized officer to those required by law or ordinance or order by an authorized officer to secure the safety of the building, are made therein but no such use shall be extended to occupy any land outside such building. If such non-conforming building is removed or the non"'conforming use of such building is discontinued for a continuous period of not less than one hundred eighty (180) days, every future use of such premises shall be in conformity with the provisions of this ordinance. SECTION X. NON-CONFORlVIlNG USES :"~::I:\:IJ'l",,~~D4,\'I~ ..IL'_.'\;"'~"-4-"'~~:~.,..:..\"<<1.~ _,\...., ,'.-J."''''-iIiiiII'''~_d~~,. . \': ~ l,&"';~ Any traUerparke eXisting in said areas on the date fJi the adoption of this ordinance shall be allowed to extend. their facilities, but said trailer parks shall only be allowed to extend their facilities to the extent as provided by the rules and regulations of the Florida State Board of Health. No trailer parks shall be allowed to extend their facilities by the acquisition of additional properties and an.y attempt of any trailer park to extend its facilities in a manner not consistent with this ordinance shall be in violation tb.e..eof. From Second Street South to Fellsmere Road. From FeUsmere Road North to Second Street From Florida East Coast Railway track East to Indian River From Indian River West to Florida East Coast Railway track No trailer parks shall be allowed within the following areas of the corporate limits of the City of Sebastian: SECTION IX. TRAILER PARKS ...... -, ..A" .'&..,1 .._<#':-:~ "~I1Ll~-~~-~~I:\~~:l,,'~ ~., ,_..',,,..~ ">:~.,,,._,_._MiII~.--W"'-_j When not bnetty sewer system, adequate area must be provided for septic tank and drainage field as required by the Sanitary Code adopted by the Board of Health of Florida. O. AREA FOR SANITATION ......~~ 'I'he m1nimum building area for structures permitted in this district shall be not less than five hundred (600) teet for the main building and all aceessol')' buildings shall specifically have no m.inimum fioor area. C. BUILDING SITE AREA REQUIRED ~- ~- ~ _.~.~. . _a c t:. ~1;' . :;',:::';~j .~ " ;0:' ~ .... -. ,~;,,~". ',' ';"...: "",:-;,' \.. -15... "\ , ,. The procedu.... for appeals and the proceedings of the Board of Adjustment shall be in accordanee w1th the pJ"oceed1ngs for a Boa:rd of Adjustment as set forth in Chapter 17., Florida Statutes. In considering aU proposed variations to this ordinance, the Board shall, before making any finding in a specific ease, first determine that the proposed variation will not constitute any change in the districts shown on the zoning map and will not impair any adequate supply of light and air to adjacent property, or materially increase the congestionln public a't1"eets, or increase the public danger of fire and safety, or materially diminish or impair established property values within the surrounding area, or in any respect impair the pUblic health, safety, morals, and 1f.....1 welfare of the City of Sebastian, Florida. In exere1sing the altove mentioned powers.. the Board by the eoncUt'rmg vote of four members may reverse or afti:rm, wholly or pa:rtly, or may mod1ty the order, require- ment, decision or determination appealed from and may make suob order, requir&ment, decision or determination as ought to be made. 2. To authorize upon appealln specific eases such variances from the terms of this ordinance as will not be oontrary to the public interest where, owing to special condi'" tions, a literal enforcement of the provision of tbe ordinance will result in unnecessary ha:rdship; and 80 that the spirit of the ordinance shall be observed and substantial jus tice done. 1. To hear and decide appeals where it 1s alleged there is error in any orde:r, requirement, decision or determination made by the administrative offlc1&lln the enforeementof this ordinance. The Board shall have the following duties and powers: Where there are practical dUficulties of unnecessary hardships in the way at carrying out the strict letter of this ord1nance, appeals to the Board may be taken by any pet-son aggrieved. However, the Board shall not grant exceptions to the provisions of this ordinance for the personal convenience of any individual or in the ease of new construction for the purpose of granting any substantial variance to the restrictions of the variousllones as herein oontamed. The Board sba1l eons1at ()f five (5) :members appo1bted by the Council. Nothing shall prevent the appointment Of not more than oneU) member of the Planning and Zoning Commission to this Board. The organization-and. ,I)cedure c:f the Board, it. meet... m,., mtthod of ba.n.d11nI appeal. and other related matters, shall be 10 oonformity with the provilllons of Chapter 176, Florida Statutes. A Baard of Adjustment is hereby established. The word "Boardil when used in this ordlnaneeshall be eonstNed to mean the Board do Adjustment. BOARD OF ADJUSTMENT "!"'JlCTION XI. Nothin,ln tb1a ordinance shall be taken to prevent the restoration of a building destroyed to the extetlt of not mare than f1fty percent (50%) by 11re, explosion or other casualty.. or aet of God, or the public enemy.. nor the continued occupancy or use of such building or part thereof which existed at the time of such partial destruct10n. such changed district may be continued or changed to a use d a almilaror higher classification; provided aU regulations governing the new use are complied with. Whenever a non-conforming use of a bullding has been diseontinued or changed to a higher classification or to a conforming use, such use shall not thereafter be changed to a non-conforming use of a lower elassifieation. .,,~, .-- -..I' .~. 'j" ~. ~, -16- ~.tr.~,:,~~:::::. ~ 'i .. ",:'.,.:;v, :r". .'. ":i.'." t': :/:<';(..: ,.'\"'.>;::\:,',,~1~~;\81(:'~:~~.,,~'IIIt?:~:~~\;:~,...'i./.~ :~",: .' ~ '".. .':: Typed. Milt.."'" I hereby oertify that 1 posted a true copy of the above and toregoln. ordinance on the bulleUn boIA,rd in the City .Hall of the at)" of Sebastian, Florida, after paasage d. said ordinance on first reading and at least five days before thfj passage of said ordinanee on secmd reading, and 1 posted a true eopy of said or<tiranee on the bulletin board in the City Hall after final passage. .'...'. ..,._..~JIII"'''-'- ..'.'-,- -~'.-_.'- .._~-_.._....~_..- ...""'.- -- -.... ...---..-...... *-"-""", ---'.- .........---..... -..........'".,.. 1 hereb~certifythatthe foregoing Ordinance was finally passed by the <Sty Council on the At clay of /lIJl-Y ..J 1963. C)._ ~ Attest:~..;;P$~ 7P~~ c ty k Mayor ********** SECTlOli XVI. WHEN EFFECTIVE ~ ~"""'!!I~ ...~.... ......_.oI,=..~_It.:~ _.....~ '~.--- ~ \ ~ ~ This ora.nee shall lDeeome effective immediately upon its passage. Should ant section, clau.. or provision of this ordinance be declared invalld, the same shall not affect the validity d. the ordiftanee as a whole ot" any part thereof, other than tbtpan so declared to be invaUd. AU ordinances or parts of ordinances in eonfiiet herewith or inconsistent with the prcw i s10na of this ordinanee are hereby repealed. SECTION XV. VALIDITY _' ~ ~ u._ .~..~ --,--J/f TheM.W,or and/orBuUding Official and lor uyone duly designated by the City Council ie he1"eby directed to enforce this ordlnance. Any person. firm or corporation who violates, disobeys, omits, neglects or refuses to com.ply with or who resiflts tbe enforcement of any of the provisiOlUll of this ordinance shall be fu.4 tw.nty-fift dollars ($21.00) arvJ/or imprisonment for a term not to exceed twenty.nye (25) days. ,Each ~ a violation exists shall constttute a seParate offense. SECTION XlV. . ENFORCEMENT VIOLATIONS AND PENALTIES _~ X.,~:;,""''''''\;--:-U''"-~- :~lf"""'~.~!i."'.'-=:a..""~:IWi "...~.. ..:::....-IIIIL. .~.h: ...~~,.,._<W--,,~I- .y.9"Ii.....,.:j...~ Th,Couneil may from time to time, on itJown mot1on or on petition, amend, supple" ment,ehang., modify or repeal by ordinance the boundaries or districts ert-eiUlations. or restrleUons Mr'ein estabUshed, aft$l' public hearing in accordanee with tilt Charter of the Ci'ty of Sebastian, Florida, and Chapter 176, Florida Statutes. '" CHANGES AND AMENDMENTS ,-~~"l~c"\,f""'" SECTION XUl. -. In lnterprett.D1 and applying the prav1810nsQl this ordinance, they shall be held to be the mtn1mum requirements for tile promoUon of the public health, eafety, morals and .eneralwelfare of the community. It is not intended by this ordinance to interfere with or abrogate or annul any ea.uunentB, eovenants or other agreements between partie.; provided, however, that 'where th1s ordinanee imposes a greater restriction upon the use d buildings or premises, 01' u~ tbe height of buildings, or requires lal"ger open spaces than are impoaed orrequi...d by other ordinanCes, rules, regula- tions or by- easements, covenants, '01' agreements, the prGVisionsof this ordinance shall control-If, because of error or Omi..lon in th.~oning map, anypl'openyiA the .at.y. of .,.tbptiu., Flprida,is not shown as b... * lonil'll diatdct, the c1aesft1ea- tion of .uohproperty sha.U 'be Ft-1Stng1tall'amity, unless changed'" amendment to the ZozPng Ordinance. SSC'rlONXU.. ..INTERPRETATION PURPOSE AND CONFLICT ]'Ii"j.~.~~f'rY'~~ ...._-'. .:'"_~. ."~~fM:'" ...x_~-"::"':""~ _ ~~~.\..~'I'I!: n~__ __,-,..,. "iW'" ~_~~],~~--"_'I"'~~ _1" --~'fr,~_':..i.I"'~~.. ~.. <'IiII(<'iIiijjjU.--=-.:''::'~~~:..:''J"' ... A!A;. -'~~..I' .... '.""'.'.C. ." "." ~