HomeMy WebLinkAboutO-88-21ORDINANCE NO. 0-88-21
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO PERMITTED AND
CONDITIONAL USES; LIMITING PERMITTED USES IN THE PS
DISTRICT; PROVIDING FOR CONDITIONAL USES IN THE PS
DISTRICT; PROVIDING CRITERIA FOR CONDITIONAL USES IN
THE PS DISTRICT; DELETING ADULT CONGREGATE LIVING
FACILITIES AS A CONDITIONAL USE IN PS, RM-8, RM-12,
COR, CL, AND CG DISTRICTS; PERMITTING CULTURAL OR CIVIC
FACILITIES AS A CONDITIONAL USE IN RM-8, RM-12, PUD-R,
PUD-C, AND PS DISTRICTS; DELETING NURSING HOMES AS A
CONDITIONAL USE IN THE PS DISTRICT; AMENDING APPENDIX A
DISTRICT USE TABLE; PROVIDING FOR SEVERABILITY;
PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF SEBASTIAN,
INDIAN RIVER COUNTY, FLORIDA, that:
Section 1. That Subsection B of Section 20A-3.16 of the
Code of Ordinances of the City of Sebastian shall be amended to
read as follows:
"Permitted uses. In this District as a permitted use a
building or premises may be used only for the below stated uses.
Ail applicable provisions of this Code shall be satisfied
including site plan review and performance criteria.
Permitted uses: P~b~--~--~i~eet~--~e~--~e~--~r~f~e
e~b~r--h~sp~a~--~--~t~-~-~~i~e~r--p&~
g&ma~e~-~-a~-ee~sem~-ae~b~b~i~= Public parks and publicly
owned recreation areas and accessory structures. Stadium
tvDe lighting is prohibited exceDt as a Conditional Use."
Section 2. That Subsection C of Section 20A-3.16 of the
Code of Ordinances of the City of Sebastian shall be amended to
read as follows:
"Conditional uses. In this district as a conditional use a
building or premises may be used for only the following
conditional uses upon compliance with applicable conditions
stated in Article VI and all other applicable provisions of
this code, including site plan review and performance
criteria. The planning and zoning commission shall
ascertain if such conditions and provisions are satisfied.
Appeal of such decisions shall be heard by the city council.
Conditional uses. Educational institutions, golf course and
support facilities, places of worship, public parks and
publicly owned recreation areas equipped with stadium type
liqhtinq, public protective and emergency services, m~msbn~
beme~--~-i~t~~--~--h~m~s--~-~~--h~me~,
hosDitals and extensive care facilities, public and private
utilities, civic and cultural activities. Dub!lc or private
not-for-profit administrative services, public or Private
not-for-profit clubs, and accessory activities."
Section 3. That Paragraph 5 of Subsection C of Section 20A-
6.1 of the Code of Ordinances of the City of Sebastian shall be
amended to read as follows:
"5. Clubs and lodges, public and private not-for-profit:
(a)
Applicable zoning districts. Public and private not-
for-profit clubs and lodges shall be permitted as a
conditional use within the following zoning districts:
MCR and PS.
(b)
Conditional use criteria. Public and private not-for-
profit clubs and lodges will be allowed provided the
following conditions are met:
(1)
No building shall be located closer that
~ one hundred (10.0) feet to any lot line which
abuts a residential district.
(2)
No off-street parking or loading space shall be
located closer than fifteen (15) feet to any
property line abutting a residential district.
(3)
Screening: Ail side and rear yards abutting
residential districts or uses shall be screened in
accordance with the standards established in
Section 20A-10.2(F) of this e~&~ee ChaDter.
(4)
Alcoholic beverages ~ball not be perm. irked if the
site abuts any RSVP0, RS-15 and RS-20 zone."
Section 4. That a new Paragraph 30 of Subsection C of
Section 20A-6.1 of the Code of Ordinances of the City of
Sebastian shall be created to read as follows:
"30. Administrative services, public or private not-for-
profit.
Applicable zoning districts. Public or private
not-for-profit administrative services shall be
permitted as a Conditional Use within the
following zoning district: PS.
Conditional Use criteria. Public and private not-
for-profit administrative services will be allowed
provided the following conditions are met:
(1)
No building shall be located closer than one
hundred (100) feet to any lot line which
abuts a residential district.
(2)
No off-street parking or loading space shall
be located closer than fifteen (15) feet to
any property line abutting a residential
district.
(3)
Screening: all side and rear yards abutting
residential districts or uses shall be
screened in accordance with the standards
established in Section 20A-10.2(F) of this
Chapter."
Section 5. That a new Paragraph 31 of Subsection C of
Section 20A-6.1 of the Code of Ordinances of the City of
Sebastian shall be created to read as follows:
"31. Hospitals and extensive care facilities.
ae
Applicable zoning districts. Hospitals and
extensive care facilities shall be permitted as a
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Conditional Use within the following zoning
district: PS.
Conditional Use criteria. Hospitals and extensive
care facilities will be allowed provided the
following conditions are met:
(1)
The proposed site shall be located on an
arterial street and shall have direct access
from such arterial street as designated on
the city's thoroughfare map.
(2) The minimum lot size shall be five (5) acres.
(3)
Density: The number of beds shall be
determined by the planning and zoning
commission based upon recommendations from
the city planner.
(4)
Screening: Ail side and rear yards abutting
residential districts or uses shall be
screened in accordance with the standards
established in Section 20A-10.2 F of this
Chapter.
(5)
Adequate provisions shall be made for service
vehicles with access to the building at a
side or rear entrance.
(6)
Building design shall incorporate provisions
for safety which mandate rear and front doors
for emergency evacuation and require a safe
and convenient design of internal systems for
the transport of patients within these
facilities. Sprinkler systems approved by
the building officials shall be required.
(7)
No building or structure shall be located
closer than a thirty (30) feet to any lot
line which abuts a residential district.
(8)
No off-street parking shall be located closer
than fifteen (15) feet to any lot line which
abuts a residential district."
Section 6. That Subparagraphs a and b of Paragraph 8 of
Subsection C of Section 20A-6.1 of the Code of Ordinances of the
city of Sebastian shall be amended to read as follows:
"8. Cultural or civic facilities:
Applicable zoning districts. Cultural or civic
facilities shall be permitted as a conditional use
within the following zoning districts: MCR, RM-8,
RM-12, RUD-R. PUD-C. and PS.
Conditional use criteria. Cultural or civic
facilities including public or private not-for-
profit facilities, offices or services, and which
may include civic or community centers, theaters
predominantly used for live performances,
libraries, museums and similar uses, will be
allowed provided the following conditions are met:
(1)
No building shall be located closer than
fifty (50) feet to any lot line which abuts a
residential district.
(2)
No off-street parking or loading space shall
be located closer than fifteen (15) feet to
any property line abutting a residential
district.
(3)
Screening: Ail side and rear yards abutting
residential districts or uses shall be
screened in accordance with the standards
established in section 20A-10.2 F of this
chapter.
(4) The DroDosed site shall be located on a ma~or
collector street or an arterial street, and
shall have direct access from the site onto
the collector street or the arterial street
as desiqnated on the city's thorouqhfare
map."
Section 7. That Paragraph 20 of Subsection C of Section
20A-6.1 of the Code of Ordinances of the City of Sebastian shall
be amended to read as follows:
"20. Nursing homes &~-~l~--e~l~-~3&~e-q~i~3--~a~~es
...(including rest homes or convalescent homes).
Applicable zoning districts. Nursing homes &~
~--~rm~~e--~ie~3--~i-l~ shall be
permitted as a Conditional Use within the
following zoning districts: RM-8, RM-12, COR, CL
and CG. ~-PS~.
Conditional Use criteria. Nursing homes ~
~m~r-a~-ee~~e-~~-~a~~es will be
allowed provided the following conditions are met:
(1)
No building or structure shall be located
closer than thirty (30) feet to any lot line
which abuts a residential district.
(2)
No off-street parking shall be located closer
than fifteen (15) feet to a lot line which
abuts a residential district.
(3)
Adequate provisions shall be made for service
vehicles with access to the building at a
side or rear entrance.
(4)
Screening: Ail side and rear yards shall be
screened in accordance with the standards
established in Section 20A-10.2 F of this
~m~ee Chapter.
(5)
Building design shall incorporate provisions
for safety which mandate rear and front doors
for emergency evacuation and require a safe
and convenient design of internal systems for
the transport of patients within these
facilities. Sprinkler systems approved by
the building official shall be required.
(6) Density (reserved)."
Section 8. That Appendix A, District Use Table, following
Section 20A-3.16 of the Code of Ordinances of the City of
Sebastian, shall be amended to reflect the substantive changes
contained in this Ordinance.
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Section 9. Severability. In the event a court of competent
Jur±sdiction 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 be 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 10. Effective date. This Ordinance shall take effect
'immediately upon final passage.
by:
Richard B. Votapka, Mayor
ATTEST:
~h-r~_M. O'Halloran, CMC/AAE
City Clerk
I HEREBY CERTIFY that notice of each of the two public
hearings on this Ordinance were published in the Vero Beach Press
Journal as required by State Statute, that the first public
hea~in~ was held on this Ordinance at 7:00 P.M. on the /~ day
of~f~O~ , 1988, and the secgnd public hearing was held on
this brdinance on the 2~ day of~~4 , 1988, and that
following the second public hearing,' this Ordinance was passed by
the City Council.
Approve~t-as to Form and Content:
Charles Ian Nash, City Attorney
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