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HomeMy WebLinkAboutORD #202-S-1OR:NANC No. D 0 I AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING SECTION I AND SECTION III (a)(2) OF ORDINANCE 202, AS AMENDED, THE ZONING ORDINANCE BY REVISING THE RFGULATIONS FOR.USE OF MODEL HOMES IN THE CITY; PROVIDING DEFINITIONS; PROVIDING RESTRICTIONS ON THE USE OF MODEL HOMES; PRO- VIDING TIME TO BRING NON-CONFORMING USES INTO COMPLIANCE; SETTING FORTH PENALTIES FOR NON-COMPLIANCE; REPEALING CONFLICTING ORDINANCES; PROVIDING AN EFFECTIVE DATE AND A SEVERABILITY CLAUSE. WHEREAS, the Council of the City of Sebastian has previously determined it appropriate and in the best interests of the general health, safety and welfare of residents of the City to specifically regulate the use of model homes operating or wishing to operate within the City; and WHEREAS, the Council has found and determined that said regu- lations needed to be revised and clarified; and WHEREAS, the Council has determined that the proposed revisions are in the best interests of the community; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF SEBASTIAN· FLORIDA, Ag FOLLOWS: SECTION I. That Section I of Ordinance 202, .as amended, the same being the Zoning Ordinance, is hereby amended by adding seven definitions to said section which shall read as follows: (a) Model Home - A finished, single-family residential unit, including units in a multi-family structure and mobile homes for which a certificate of occupancy could be obtained, located in a residentially zoned district but utilized as an example of a product offered for sale to purchasers (by a realtor, builder, developer or contractor). The dwelling house may be furnished but not occupied as a residence while being used as "Model Home" (b) Developer - Any person, firm, association, syndicate, part- nership, corporation, relator, or any business entity owning, utilizing or developing land for the purpose of constructing model homes and other resi- dential dwellings. (c) Builder - Any person, firm, association, syndicater partner- ship, corporation, realtor or corporation who constructs model homes and other residential dwellings for sale to the public. (d) Contractor - Any person, firm, association, syndicate, part- nership, realtor or corporation engaged in the business of accepting orders or contracts, either as a general contractor or subcontractor, for construction for model homes and other residential dwellings for sale to the public. (e) Access - For purposes of this Ordinance, the term access shall mean a wau for prospective purchasers, visitors, and prospective customers to get from parking facilities to the model home. Such access shall be a mini- mum of 30" wide. (f) Business Transaction ~ A business transaction is a transaction other than a transaction concerning the purchase of a home between the seller and a potential purchaser. Specifically allowable transactions are the sign- ing of a contract of purchase, selection of a lot or house plan, selection of paint colors, selection of cabinets, bathroom fixtures, and appliances, and other similar selections a purchaser may need to decide in the purchase of a home. (g) Business Office - Facility consisting of desks, files, phone banks, telephone switchboards, typewriters, or other equipment usually associ- ated with and utilized in a business office. SECTION II. That Section III (a)(2) of Ordinance 202, as amended by Ordinance 202-S, is hereby amended to read as follows: Section III a) ~ Special Exceptions All Zoning Districts. (2) A special permit may be granted in any zoning district where a developer, contractor or their agent desire to operate a model home. The Special Permit may be granted upon application to the Planning and Zoning commission for a permit and payment of a fee (to be set from time to time by the Council); approval of a site plan as provided in the zoning ordinance and after recommendation to grant the Special Permit by the Commission, and ap- proved by the City Council, subject to the following conditions: (A) The Special Permit shall be issued for a period not to exceed one (1) year. The City Council may renew said permit upon application, pro- vided that the model home has been constructed and operated in accordance with this ordinance. (B) Upon application for a Special Permit the applicant shall in- form the Clerk of the names and addresses of all property owners who own property within a 150 foot radius of the site of the proposed model as shown on the most recent Indian Fiver County Tax Roll. The Clerk shall notify each property owner on said list of the pending application, and the date, time, and location when the City Council shall consider said application. The Clerk shall make every effort to mail said notices at least seven (7) days prior to the date of the Council meeting. Failure to mail or deliver said notices shall not be grounds for cancellation or revocation of said Special Permitr if granted. (C) Restrictions on Use of Model Home. (1) The use or conversion of a model home into a business office is Rrohibited, except that for the convenience of the exhibitor a single table with no storage and no more than (4) four chairs may be permitted to allow the exhibitor to conduct allowable transactions as defined in Section I (f) above. One (1) telephone with a single unlisted/unadvertised line may be permitted to be maintained in a model home. (2) Builders, developers, contractors, subcontractors and real estate people are prohibited from util.~zing any model home as a primary, secondary, or branch office, storage location for mater.ials or as a general meeting place for the .purpose of discussing business between any of the above groups of persons or members of the same group. - 2 - (3) Business transactions are expressly puohibited from occurring within a model home except as defined in Section I (f) above. (4) At least five (5) parking spaces shall be provided on the same lot as the model, or on a contiguous lot, owned by the contractor or developer, or in the street right-of-way immediately in front of said model, and shall be maintained so long as the model home is used as such. Ail parking facility plans shall be submitted to the City Engineer for approval. (5) A model home must comply with the applicable sign regulations of the City; however, on-premises model home signs shall not be illuminated. (D) Time for Bringing Noncomplying Use into Conformance with Ordinance. Any model home not in compliance wi~h the provisions of this Ordi- nance shall be brought into compliance with these provisions within sixty (60) days of the effective date of this Ordinance. (E) Compliance with this Ordinance shall be determined by the Building Official. Upon a finding that probable cause exists that a violation has occurred, the Building Official shall .issue a cease and desist order to the offender, his agent or employee, by hand or by Certified mail, return receipt requested, and shall order the alleged violation terminated. Failure to terminate or correct the alleged violation within five (5) days of the date of said order shall be grounds for the City Council to hold a public hearing not later than thirty (30) days thereafter. The alleged violator shall be sent notice of the date and time of the hearing by certified mail, not less than five (5) days prior to said hearing. All letters and notices relating to violations of this ord.inance shall be sent to the holder of the registered certificate as indicated on his application for said certificate. The respon- sibility for any change of address of the holder of a registered certificate shall be upon the holder thereof. At the hearing, the Building Official shall present evidence of the alleged violation of this ordinance, and the alleged violator shall be heard either in person or through his attorney. At the conclusion of the hearing, the City Council shall vote upon the ~ssue of whether a violation of' this ordinance has occurred. If a majority of those council members voting find that a violation has occurred, the applicant's certificate shall be revoked, and he shall not be permitted to receive a model home certificate under the provisions of this ordinance for a period of one (1) year from the date he is adjudged by the City Council to be in violation. (F) In addition to the other penalties cited in this ordinance, any person, firm, corporation, or partnership found to be in violation of any part of this ordinance shall, upon conviction, be imprisoned in the county jail for a period of time not .in excess of ten (10) days, and in addition, a fine may be imposed not exceeding Five Hundred Dollars ($500.00) in the discretion of the Court. SECTION III. All Ordinances or parts of Ordinances in conflict herewith are specifically repealed. SECTION IV. This Ordinance shall take effect immediately upon becoming law. SECTION V. If any section, subsection, sentence, clause, phrase or word of this ordinance is for any reason held unconstitutional or invalid, for any reason, such ruling shall not affect the validlty or constitutionality of any of the remaining portions of this ordinance. I HEREBY CERTIFY that the foregoing Ordinance was finally passed by the City Council of the City of Sebastian, Florida on the ~ day of · 1984. City Clerk I HEREBY CEkTIFY 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 '7 ~o i. ~ , on the ~ day of · , 1984, and that the foregoing Ordinance was duly passed and adopted ~y the City Council C) t u I e rk - 4 -