HomeMy WebLinkAboutO-00-08ORDINANCE NO. O-00-0~
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORIDA, AMENDING THE LAND
DEVELOPMENT CODE OF THE CITY OF SEBASTIAN, TO
CREATE ZONING DISTRICTS C (CONSERVATION), CWR
(COMMERCIAL WATERFRONT RESIDENTIAL) AND CR
(COMMERCIAL RIVERFRONT) AS REQUIRED BY
COMPREHENSIVE PLAN; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the most recent amendment to the Comprehensive Growth Management
Plan for the City of Sebastian and the Land Use Plan thereto created a Riverfront Mixed-Use
District which necessitates the creation of new zoning districts; and
WHEREAS, a public hearing was held before the Planning and Zoning Commission on
March 1, 2000, and that body recommends approval of the Land Development Code amendments
herein; and
WHEREAS, the City Council upon due public hearing has considered the same
and found said amendments to be in the best interest of the citizens of Sebastian;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows:
Section 1. That section 20A-2.1 of the Land Development Code, City of
Sebastian, Florida is hereby amended to read as follows:
Section 20A-2.1. Districts designated.
In order to implement the comprehensive plan, including the land
use element which allocates uses of land and establishes management
policies, and in order to carry out the purpose and intent of this code,
the following zoning districts are hereby established.
A. Residential Districts:
1. RE-40: Residential Estate District
2. RS-20: Single-Family Residential District
3. RS- 15: Single-Family Residential District
4. RS-10: Single-Family Residential District
5. RM-8: Medium Density Multiple-Family Residential District
6. RM-12: High Density Multiple-Family Residential District
7. R-MH: Mobile Home District
B. Commercial Districts:
1. COR: Commercial Office and Residential District
2. C-512: Commercial 512 District
3. CL Limited Commercial District
4. CG: General Commercial District
5. MCR: Marine Commercial and Residential District
6. GMC: General Marine Commercial Di~triq:~
7. CRR: Commercial Resort Residential ~
8. CWR: Commercial Waterfront Residential. DistdC,
9.,..CR: Commercial Riverfront District
C. Industrial District s:
1. IN: Limited industrial District
2. AI: Aim_ oft and Industrial Facilities District
D. Institutional District s:
1. PS: Public Service District
2. C: Conservation District
E. Planned Unit Development Districts:
1. PUD-R: Planned Unit Development District
2. PUD-C: Planned Unit Development Commercial District
3. PUD-I: Planned Unit Development Industrial District
4. PUD-MH: Planned Unit Development Mobile Home District
Section 2. That the Land Development Code, City of Sebastian, Florida is hereby
amended to add a new section called Section 20A-3.17 C, Conservation District to read as
follows:
See attached Exhibit "A" incorporated herein by reference.
Section 3. That the Land Development Code, City of Sebastian, Florida is hereby
amended to add a new section called Section 20A-3.18 CWR, Commercial Waterfront
Residential District to read as follows:
See attached Exhibit "B" incorporated herein by reference.
Section 4. That the Land Development Code, City of Sebastian, Florida is hereby
amended to add a new section called Section 20A-3.19 CR, Commercial Riverfront District to
read as follows:
See attached Exhibit "C" incorporated herein by reference.
Section 5. CONFLICT. All ordinances or parts of ordinances in conflict
herewith are hereby repealed.
Section 6. SEVERABILITY. In the event a court of competent jurisdiction shall
determine that any part of this Ordinance is invalid or unconstitutional, the remainder of the
Ordinance shall not be affected and it shall be presumed that the City Council did not intend to
enact such invalid or unconstitutional provision. It shall further be assumed that the City Council
would have enacted the remainder of this Ordinance without said invalid or unconstitutional
provision, thereby causing said remainder to remain in full force and effect.
Section 7. EFFECTIVE DATE. This Ordinance shall take effect following its
adoption by the City Council.
~/~The foregoing Ordinance was moved for adoption by Councilmember
~A~ . The motion was seconded by Councilmember ~/~JG-~_~Y and,
upon beinb¢71~ to a vote, the vote was as follows: /~/ ' -
The Mayor thereupon declared this Ordinance duly passed and adopted this 22nd
day of March, 2000.
ATTEST:
CITY OF SEBASTIAN, FLORIDA
Kathryn ~ O'Halloran, CMC/AAE
City Clerk
Mayor
Approved as to form and legality for
reliance by the City of Sebastian only:
· Ordinahce No. 0-00-08 : " Exhibit A: C District Regulation's
SECTION 20A-3.17: CONSERVATION DISTRICT (C)
A. INTENT
This district is intended to implement the comprehensive plan policies for preserving areas designated
"Conservation" on the Comprehensive Plan Future Land Use Map (FLUM). These areas primarily
consist of environmentally sensitive natural resources and systems including but not limited to the
Sebastian River, the Indian River, other environmentally sensitive public lands, and mangrove fringe
protected by Florida Statutes. The intent of this district is to provide for the long term preservation of
environmentally sensitive natural resources systems designated "Conservation" on the Comprehensive
Plan FLUM.
No development shall be permitted within the Conservation district unless the applicant for such
development provides proof of permits or proof of exemptions from all applicable State or federal
agencies having jurisdiction.
The developer/applicant of lands within the Conservation (C) district shall be required to provide a site
engineered delineation of all environmentally sensitive lands, including, but not limited to, wetlands and
uplands habitat and shall also indicate the location of lands or waters within the jurisdiction of the State
and/or federal government. The applicant shall bear the burden of proof in determining that
development plans required pursuant to Article X include appropriate mitigation techniques to
prevent/minimize adverse impacts to wetlands, transitional wetlands, upland habitat, tidal waters' and
estuarine areas, including benthic communities, such as seagrass beds and other live bottom
communities, or additional environmentally fragile natural systems. An on-site survey by environmental
professionals shall be submitted by the applicant. Such determinations shall be based on physical and
biological data obtained from specific site investigations and provided with the earliest application for
City development approval. These determinations shall be predicated on findings rendered by
professionals competent in producing data and analysis necessary to support impact assessments,
including findings regarding the impacts of potential development on the physical and biolbgical
function and value of environmentally sensitive lands. Any development within the conservation district
shall be required to comply with all performance criteria and environmental protection regulations
established within the land development code.
B. USES PERMITTED
All development within the Conservation District shall be by conditional use due to the environmental
sensitivity of lands within the Conservation District.
C. CONDITIONAL USES.
Prior to any development within a Conservation District all State or federal agencies having jurisdiction
shall have granted requisite permits, including but not limited to, dredge and fill permits. As stated in
Article VI: Conditional Uses, applicants for a conditional use must demonstrate that the proposed uses
and facilities identified below are compliant with all applicable criteria and relevant mitigation measures
for conditional use approval, including but not limited to, wetland preservation, coastal resource impact
analysis and shoreline protection, protection of marine life and fisheries, protection of flora and fauna,
and flood plain protection. The design of proposed conditional use facilities shall be required to apply
mitigation measures to prevent and/or minimize adverse impacts on natural systems, including but not
limit to, habitats, water quality, and the physical and biological functions of wetlands. The size and scale
of such development shall be restricted.
3/14/2000 10:26 AM Page A-I City of Sebastian
Ordinance No. 0-00-08
Eo
: ~ Exhibit A: C District Regulations'
Waterward of Mean/Ordinary High Water: Only Water Dependent Facilities, including:
1. Fishing piers, docks and related boardwalks, which satisfy State permitting standards.
2. Watercraft.
3. Boardwalks not exceeding a width of 5 feet, which shall be elevated in order to reduce adverse
impacts on hydrologic functions of wetlands and which satisfy State permitting standards.
Water Related Facilities that satisfy State permitting standards.
Public improvements where such facilities are essential to the public health safety and welfare.
Areas Above Mean High Water:
Biking and Hiking trails not exceeding a width of 4 feet to avoid adverse impacts on upland
habitats and those portions traversing waterways shall be elevated in order to reduce adverse
impacts on hydrologic functions.
Picnic areas and related facilities and similar related passive uses.
Observation towers that shall be elevated in order to reduce adverse impacts on hydrologic
functions of wetlands, and educational structures.
Public and private utilities where such facilities are essential to the public health, safety and
welfare.
5. Fishing Piers, docks and related boardwalks, as well as public improvements, which satisfy
State permitting standards.
5.
Within
1.
DIMENSIONAL REGULATIONS
2.
3.
4.
5.
6.
Maximum Density:
Maximum FAR:
Maximum Height: 25 feet.
Maximum Site Alteration:
Not applicable.
1%
1%
Lot Dimensions:
Minimum Setbacks:
Not applicable.
All development, excepting permitted water dependent uses, must
comply with requirements for setbacks from wetlands and open waters.
Commercial Structures Within Waters of the State. The City of Sebastian shall regulate the location
as well as the intensity and character of permanent and temporary water-dependent structures within the
corporate limits of the City of Sebastian. This subsection does not apply to watercraft. Applicants
desiring to develop, establish or expand temporary or permanent structures within waters of the State
shall be required to file a major site plan pursuant to procedures set forth in Article X. The applicant
shall be required to submit a plan compliant with applicable performance criteria set forth in Chapter III,
including but not limited to "Coastal Resource Impact Analysis."
3/14/2000 10:26 AM Page A-2 City of Sebastian
Ol'dinance No. 0-00-08 : ~ Exhibit B: CWR District Regulations
SECTION 20A-3.18 COMMERCIAL WATERFRONT RESIDENTIAL DISTRICT (CWR)
INTENT. The purpose and intent of the CWR district is to provide a management framework for
implementing Comprehensive Plan objectives and policies for the Riverfront Mixed Use
designation illustrated on the Future Land Use Map. All development in the Commercial
Waterfront Residential district shall comply with the Comprehensive Plan, performance criteria in
Chapter III, as well as other applicable land development regulations. The CWR district is
intended to preserve the existing character of the Riverfront area. The existing assets, including
historical structures shall be protected, preserved and enhanced. The zoning district is intended to
provide for a mixture of uses and a variety of opportunities for recreational, residential and
commercial uses while protecting the environment.
B. PERMITTED USES
Single Family Dwellings
Duplex Dwellings
Multiple-family Dwellings up to 8 units per
acre
Timeshare Facilities
Nursing Homes
Churches
Administrative Services, Public and Private
Clubs and Lodges, public and private
Business and Professional Offices, excluding
drive-through facilities
Medical Services
Commercial Retail <5,000 sq. ft.
Parking Lots without a building on the lot
Foster Care/Group Homes with < 6 residents
Wet or Dry Storage of Boats
Boat Sales or Rental
Bait and Tackle Shops
Fish Markets/packing facilities
Marine Related Specialty Retail Sales and
Services
Waterfront or marine Related Specialty Shops '
Yacht Clubs
Restaurants excluding drive-through facilities
and fast food
Trade and Skill Services
Accessory Uses to Permitted Uses
C. CONDITIONAL USES
Model Homes
Home Occupations
Child Care Services
Educational Institutions, marine related
Cultural and Civic Activities
Commercial Retail > 5,000 sq. ft.
Utilities, Public and Private
Parks and Recreation, Public
Foster Care/Group Homes with > 6 residents
Hotels and Motels
Marine Fuel Sales
Waterfront General Commercial
Merchandising of Secondhand Goods
Nursing Homes
Wholesale Trades and Services
Protective and Emergency Services, Public
Accessory Uses to Conditional Uses
Bed and Breakfast
D. SIZE AND DIMENSION CRITERIA
1. Maximum Density: 8 units per acre
2. Maximum FAR: 50%
2. Maximum Height:
West of Indian River Drive:
East of Indian River Drive:
35 feet
25 feet
Im~d Development Code Page B-2 City of Seb~tima
3/6/2000 9:01 AM
Ordinance No. 0-00-08 ~ ~ Exhibit B: CWR District Regulations
4. Lot Coverage:
Maximum Building Coverage: 30%
Maximum Impervious Surface: 80%
Minimum Open Space: non-residential: 25%
residential: 50%
5. Lot Dimensions:
Minimum Lot Size: 10,000 square feet
Minimum Lot Width: 80 feet
Minimum Lot Depth: 125 feet
Minimum Setbacks:
Front Yard:
Non-residential, with Sidewalk, Curb and Gutter:
Non-residential, without Sidewalk, Curb and Gutter:
Residential: 25 feet
None Required
I0 feet
Side Yard:
Non-residential:
Residential:
5 feet, except 10 feet when abutting a residential
district or use.
15 feet plus one foot per each additional two (2)
feet in height above twenty-five (25) feet.
Rear Yard: Non-residential: 10 feet, except 30 feet when abutting a
residential district or use
Residential: 20 Feet
Minimum Distance between residential structures on the same lot:
20 feet.
7. Minimum Living Area:
Single Family Dwellings: The minimum floor area required, exclusive of porches, terraces,
attached garages, carport or unroofed areas, shall be one thousand two hundred (1,200)
square feet.
Duplex:
750 square feet per unit;
Multiple Family Dwellings:
........ -REQUIRED MINIMUM LIVING XREA IN MULTIPLE FAMILY
DWELLINGS
Type Dwelling/# Bedrooms
Efficiencies
Required # of Slluare Feet
600
Each Additional Bedroom Three
Bedrooms.
One Bedroom Units 700
Two Bedroom Units 850
Three Bedroom Units 1,000
after
100 Sq. Ft. per Additional
Bedroom
Land Development Code Page B-2 City of Sebastian
3/6/2000 9:01 AM
Ordinance No. 0-00-08 ; , Exhibit B: CWR District Regulations
Required Accessory Structures: Every single family and duplex dwelling unit shall be
required to provide a garage or carport. If a carport or similar unenclosed vehicle storage
structure is provided then each unit within the principal structure shall contain a fully
enclosed utility storage area of at least sixty (60) square feet which shall be designed as
an integral part of the principal structure. If a fully enclosed garage is provided, then no
utility structure shall be mandated. The garage or carport shall have a minimum interior
clear dimension of ten (10) feet by twenty (20) feet.
REGULATION OF SALES PROMOTIONAL ACTIVITY. Sales activities for commercial
resort residential units shall comply with all of the following criteria:
The original sale of the vacation time sharing plans may be conducted on premises in a
sales office and in up to a maximum of two (2) model units;
The on-site sales activity shall be limited to original developer sales;.
The sales activity shall be conducted inside the sales office and model units so as not to
be noticeable from the outside, except for permitted graphics;
4. On-site sales activities shall be terminated upon completion of original sales; and
A minimum of one parking space for each two proposed units shall be provided on site
for the sales staff and potential purchasers' use during the (marketing) sales promotional
and construction phases.
CONVERSIONS TO TIME-SHARE UNITS. No development involving the conversion of an
existing dwelling unit to a time-share unit may take place unless the applicant attaches to his
application for zoning or site plan approval either:
A copy of any information required by the State, including as may be appropriate, a
condominium declaration, sales prospectus, and/or other documents required by the state
in regulating the use. Such material shall include a statement in prominent type declaring
that time-share units will or may be created with respect to units proposed; and/or
An amendment to a prior existing condominium declaration that permits time-share
estates to be created, which amendment has been executed by each record owner of each
unit of the condominium and each record owner of each lien on each unit of the
condominium.
Go
OTHER REQUIRED INFORMATION. Applicants for a time-share use shall file with the
City all public documents required by the State in regulating such use. The purpose of this
requirement is to provide assurance that the applicant has been found in compliance with all
requisite State regulations governing the use, including method of sales, operations, and other
issues of public health, safety and welfare.
L,'u~d Development Code Page B-2 City of Sebastian
3/6/2000 9:01 AM
Ordinance No. 0-00-08
Exhibit C: CgDistrict Regulations
SECTION 20A-3.19 COMMERCIAL RIVERFRONT (CR)
INTENT. The purpose and intent of the CR district is to provide a management framework for
implementing Comprehensive Plan objectives and policies for the Riverfront Mixed Use
designation illustrated on the Future Land Use Map. All development in the Commercial
Riverfront district shall comply with the Comprehensive Plan, performance criteria in Chapter III,
as well as other applicable land development regulations. The CR district is intended'to preserve
the existing character of the Riverfi'ont area. The existing assets, including historical structures,
shall be protected, preserved and enhanced. The zoning district is intended to provide for a
mixture of uses and a variety of opportunities for recreational and commercial uses while
protecting the environment.
A. PERMITTED USES
Cultural or Civic Facilities
Educational Institutions
Churches
Administrative Services, Public and Private
Clubs and Lodges, Public and Private
Business and Professional Offices,
excluding drive-through facilities
Medical Services
Commercial Retail <10,000 sq. ft.
Retail Gasoline Sales
Wet or Dry Storage of Boats
Restaurants, excluding drive-through
facilities and fast food
Trade and Skilled Services
Marine Fuel Sales
Marine Power Sales and Service
Boat Sales and Rentals
Waterfront or Marine Related Specialty Shops
Hotels and Motels
Fish Markets and Packing Facilities
Bait and Tackle Shops
Yacht Clubs
Waterfront General Conunercial Activities
Accessory Uses to Permitted Uses
Marine Related Specialty Retail Sales and Service
C. CONDITIONAL USES
Utilities, Public & Private
Parks and Recreation, Public
Protective and Emergency Services, Public
Nursing Homes
Commercial Retail >10,000 sq. ft.
Commercial Amusements, enclosed
Bars and Lounges,
Restaurants, with drive-through facilities
and fast food services.
Child Care Services
Plant Nurseries, retail
Farmer's Markets
Veterinary Services
Funeral Homes
Business and Professional Offices with drive-
through facilities
Parking Lots Without a Building on the Lot
Merchandising of Secondhand Goods
Wholesale Trades and Services
Vehicular Service and Maintenance
Accessory Uses to Conditional Uses
Do
SIZE AND DIMENSION REGULATIONS. The following are the minimum size and
dimension criteria for lots within this district. For lots located in the Riverfront Performance
Overlay District, the additional requirements of the overlay district shall be complied with:
0. Maximum FAR: 60%
2. Maximum Height: 35 feet
Land Development Code
3/6/2000 9:20 AM
P~ge C-1 City of Sebasfi,'m