HomeMy WebLinkAboutO-88-11ORDINANCE NO. 0-88-11
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, ADDING
A NEW PARAGRAPH (D) TO SECTION 20A-5.16 OF THE LAND
DEVELOPMENT CODE AND THEREBY SPECIFYING RESTRICTIONS
ON BOATS WITHIN ALL RESIDENTIAL DISTRICTS; ALSO ADDING
A NEW SECTION 20A-5.16.1 AND THEREBY ADDING RESTRICTIONS
ON LARGE TRUCKS AND HEAVY EQUIPMENT ON PUBLIC PROPERTY
OR RESIDENTIALLY ZONED PRIVATE PROPERTY; PROVIDING AN
EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN,
FLORIDA, AS FOLLOWS:
SECTION
A new Paragraph (D) is hereby added to Section 20A-5.16
of the City's Land Development Code, which new paragraph reads as
follows:
"D. Boats and Motor Homes. The restrictions set forth in
Paragraph (B), above, apply to motor homes and boats in all
residential zoning districts, whether the boat is or is not
mounted on a trailer. COR is a residential zoning district.
Motor Homes is defined as: Any vehicle which has sleeping,
cooking, and self-contained toilet facilities."
SECTION II
A new Section 20A-5.16.1 is hereby added to the City's Land
Development Code immediately following Section 20A-5.16, which
new Section reads as follows:
"Sec. 20A-5.16.1. Large Trucks and Heavy Equipment.
A. Definitions.
As used herein, the following terms shall have the
meanings herein stated unless the contract requires other-
wise.
(1) Road T_~ means any motor vehicle designed
or used for pulling semi-trailers, trucks, or other road
tractors.
(2) Semi,Trailer means any vehicle with or without
motive power designed for carrying freight and which is
drawn or pulled by another vehicle. This does not
include recreational trailers.
(3) Heavy ~ means vehicles, machinery, or
other heavy items that are only incidentally operated
upon or moving over roads or highways, including but
not limited to the following items: ditch-digging
apparatus, well-boring apparatus, road construction
machinery, asphalt spreaders, bituminous and other
mixers, bucket loaders, tractors, ditchers, leveling
rollers, earth moving equipment, carryalls, scrapers
power shovels, draglines, cranes, forklifts, and all
other somewhat similiar items.
It shall be unlawful for any person, either as owner,
agent, occupant, lessee, tenant, landlord, or otherwise,
to park, store, deposit, or to cause or allow any
parking, storage, or deposit on any real property zoned as
RE-40, RE-20, RS-15, RS-10, RM-8, RM-12, R-MH, PUD-R,
PUD-MH, or COR, or any property then being used for
residential use however zoned, any road tractor, semi-trailer,
heavy equipment, or heavy truck.
C. E c_~ons
The restrictions of this Section shall not apply to:
(1) Ail other zoning districts unless the parcel of
land is then actually being used as single family use.
(2) Real property where construction is underway
pursuant to a valid building permit and the items
otherwise prohibited are being utilized for such on-
going construction.
(3) The item otherwise prohibited is being loaded or
unloaded.
(4) Personal vehicle such as: Van, pickup truck
or paneled truck, provided each such vehicle has a
maximum carrying capacity not to exceed one (1) ton.
(5) A reasonable number of such small trucks necessary
to carry on then permitted commercial uses in the COR
zoning district. The number of such trucks shall be
established by the Planning and Zoning Commission.
(6) Emergency parking of such prohibited items
provided such emergency parking is removed within 48
hours of the start of the emergency.
(7) Such items being utilized by any governmental
entitity for a legitimate purpose.
(8) Vehicles not to exceed one (1) ton parked within an
enclosed garage.
D. Penalty and Enforcement
(1) The owner or operator, or both, of any item that
is parked, stored, or deposited in violation of this
Section shall be guilty of a non-criminal violation in
accordance with Chapter 316, Florida Statutes.
(2) No person shall allow or suffer any prohibited item
to be parked, stored, or deposited in violation of
this Section."
SECTION III
This Ordinance shall be effective upon final passage by the
City Council.
CITY~ SEBASTIAN, FLORIDA
Richard Votapka, Mayor
Kath~n M. O'Halloran, CMC/AAE
City'/Clerk
I HEREBY CERTIFY that notice of public hearing on this ordinance
was published in a newspaper of general circulation in the City
of Sebast.ian; that a public hearing hereon was held at City Hall
on the __~ 77~ day of a~ , 1988, and that
following said public he~ this Ordinance was passed by the
City Council.
Kathr~ M. O'Hall6ran, CMC/AAE
City Clerk
APPROVED AS TO FORM
AND CONTENT:
C~ty Attorney
3