HomeMy WebLinkAboutO-88-15ORDINANCE NO. 0-88-15
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO LANDSCAPING AND OPEN
SPACE; CREATING A NEW PARAGRAPH 8 OF SUBSECTION D OF
SECTION 20A-3.1 OF THE LAND DEVELOPMENT CODE, CREATING
REQUIREMENTS FOR PERMEABLE LANDSCAPED AREAS IN THE RE-
40 ZONING DISTRICT; CREATING A NEW PARAGRAPH 8 OF
SUBSECTION D OF SECTION 20A-3.2 OF THE LAND DEVELOPMENT
CODE, CREATING REQUIREMENTS FOR PERMEABLE AND
LANDSCAPED AREAS IN THE RS-20 ZONING DISTRICT; CREATING
A NEW PARAGRAPH 8 OF SUBSECTION D OF SECTION 20A-3.3 OF
THE LAND DEVELOPMENT CODE, CREATING REQUIREMENTS FOR
PERMEABLE AND LANDSCAPED AREAS IN THE RS-15 ZONING
DISTRICT; CREATING A NEW PARAGRAPH 8 OF SUBSECTION D OF
SECTION 20A-3.4 OF THE LAND DEVELOPMENT CODE, CREATING
REQUIREMENTS FOR PERMEABLE AND LANDSCAPED-AREAS IN THE
RS-10 ZONING DISTRICT; AMENDING PARAGRAPH 2 OF
SUBSECTION C OF SECTION 20A-4.5 OF THE LAND DEVELOPMENT
CODE, CREATING REQUIREMENTS FOR PERMEABLE AREAS IN THE
PUD(R) ZONING DISTRICT; AMENDING PARAGRAPH 1 OF
SUBSECTION E OF SECTION 20A-10.2 OF THE LAND
DEVELOPMENT CODE, CREATING PERMEABLE LOT REQUIREMENTS
FOR ALL RESIDENTIAL DEVELOPMENTS; CREATING A NEW
SUBSECTION D OF SECTION 20A-5.2 OF THE LAND DEVELOPMENT
CODE, CREATING REQUIREMENTS FOR THE ENCROACHMENT OF
MECHANICAL EQUIPMENT INSIDE YARDS; REPEALING THE
EXISTING SECTION 20A-13.2 OF THE LAND DEVELOPMENT CODE
AND CREATING A NEW SECTION 20A-13.2, ESTABLISHING
APPLICABILITY OF LANDSCAPE REGULATIONS TO A SINGLE
FAMILY OR TWO FAMILY RESIDENCE; PROVIDING FOR REPEAL OF
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH;
PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY;
AND PROVIDING FOR AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN,
INDIAN RIVER COUNTY, FLORIDA, AS FOLLOWS:
SECTION 1. That a new Paragraph 8 of Subsection D of
Section 20A-3.1 of the Land Development Code is hereby created to
read as follows:
"8. Permeable area. A minimum of thirty percen~ (30%) of
the lot must be maintained as permeable area and at least twenty
percent (20%) of the lot must be landscaped."
SECTION 2. That a new Paragraph 8 of Subsection D of
Section 20A-3.2 of the Land Development Code is hereby created to
read as follows:
"8. Permeable area. A minimum of thirty percen.~ (30%) of
the lot must be maintained as permeable area and at least twentv
percent (20%) of the lot must be landscaped."
SECTION 3. That a new Paragraph 8 of Subsection D of
Section 20A-3.3 of the Land Development Code is hereby created to
read as follows:
"8. Permeable area. A minimum of thirty..p.ercent (30%) of
the lot must be maintained as permeable area and at least twenty
percent (20%) of the lot must be landscaped."
SECTION 4. That a new Paragraph 8 of SubseCtion D of
Section 20A-3.4 of the Land Development Code is hereby created to
read as follows:
"8. Permeable area. A minimum of thirty..percent (30%) of
the lot must be maintained as permeable area and at least twenty
percent (20%) of the lot must be landscaped."
SECTION 5.
That Paragraph 2 of Subsection C of Section
20A-4.5 of the Land Development Code is hereby amended to read as
follows:
"2. Open space and permeable area. A minimum of fifty ~5~
percent (50%) of the ~e lot shall be p~e~e~e~ maintained as
permeable open space~; provided that a minimum of thirty percent
(30%) of each residential lot must be maintained as permeable
area."
SECTION 6.
That Paragraph 1 of Subsection E of Section
20A-10.2 of the Land Development Code is hereby amended to read
as follows:
"1. Residential open space requirement. Ail residential
development~ shall preserve a minimum of fifty ~5~ percent ~50%)
of the upland area as open space. Each residential lot, wherever
situated, shall have at least thirty percent (30%) of the lot
maintained as permeable area. 'Uplands' shall be defined as
those areas which are not permanent water bodies or wetlands as
defined in Subsection 20A-10.2(G) (2) at the time of the
application. A maximum of thirty ~ percent (3Q%) of any
totally landlocked water body may be credited as open space. At
no time shall water bodies comprise more than twenty ~ percent
(20%) of the total upland open space requirements."
SECTION 7.
That a new Subsection D of Section 20A-5.2 of
the Land Development Code is hereby created to read as follows:
"D. Mechanical equipment. Mechanical equipment, air
conditioninqunits, swimming p09~ equipment and similar items of
mechanical equipment that are functional and which serve the
residence on the lot are permitted within the required side yard
set back; provided, that no such equipment shall exceed a height
of thirty-six (36) inches above grade (except water conditioninq
equip~.~). No such equipment shall pro~ect into a minimum side
yard more than thirtv-six (36) inches."
SECTION 8.
That Section 20A-13.2 of the Land Development
code is hereby repealed and a new Section 20A-13.2 is created to
read as follows:
"Sec. 20A-!3~.2.~ .... Applicability.
Prior to a buildin~ permit beinq issued for a single family
or two family .~$_i.~ence, the applicant shall indicate on the
survey for buildin~ermit a minimum of trees, the minimum height
of which must be at least six (6) feet except for citrus trees
which cannot be less than four (4) feet in height ....... ~o be in place
on the lot prior to the issuance of a Certificate of Occup~.~cy.
The minimum number of such trees shall be calculated accordinq to
the lot size: less than ten thousand ¢10,000) s~uare feet
requires five (5) trees; ten thousand (lO,OQQ. I... square feet to
fifteen thousand, nin~Ddred, ninety-nin~...,(k5.999) s~uare feet
require seven (7) trees; sixteen thousand (16,000) square feet or
more shall require nine (9) trees. The ~¥pe of trees shall be
those as described in Section 20A-13.15 of this Code. For all
new construction other than sinqle family or two family
residences, the minimum standards for landscaping set forth in
this Article shall be ~pplicable to all storaqe. Darkinq,
display, sales or accessory vehicular use areas when created or
used in con~unction with new construction, remodelinq or
enlargement requirinq updated code compliance."
SECTION 9. CONFLICT. All ordinances or parts of
ordinances in conflict herewith are hereby repealed.
SECTION !0. CODIFICATION. It is the intention of the
city Council of the City of Sebastian, Indian River County,
Florida, and it is hereby provided that the provisions of this
Ordinance shall become and be made a part of the Land Development
Code of the City of Sebastian, Florida; that the sections of this
Ordinance may be renumbered or relettered to accomplish such
intention; and that the words "ordinance" may be changed to
"section", "article", or other appropriate designation.
SECTION 11. SEVERABILITY. In the event a court of
competent jurisdiction shall hold or determine~that any part of
this Ordinance is invalid or unconstitutional, the remainder of
the Ordinance shall not be affected and it will be presumed that
the City Council of the City of Sebastian 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 and unconstitutional
provision, thereby causing said remainder to remain in full force
and effect.
SECTION 12. EFFECTIVE DATE. This ordinance shall take
effect immediately upon final passage.
CITY OF SEBASTIAN, FLORIDA
Richard B. Votapka, Mayor
ATTEST:
Kathr~'M'. O,Halloran, CMC/AAE
City ~lerk
I HEREBY CERTIFY that notice of public hearing on this
Ordinance was published in the Vero Beach Press Journal as
required by State Statute, that one ~lic hearin~ was ~eld on
this Ordinance at 7:00 p.m. on the /~day of ~~ .... ,
1988, and that following said public hearing, thl~ Ordinance was
passed by the city Council.
Kath~n M. O'Halloran~ CMC/AAE
City VClerk
Approved as to Form and Content:
Char~l~ Ian Nash, City Attorney
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