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Home My WebLink AboutO-88-28 ',. . . ORDINANCE NO. 0-88-28 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO MOBILE HOMES, TRAVEL TRAILERS, CAMPERS, BOATS, TRAILERS, AND RECREATIONAL VEHICLES: REPEALING THE EXISTING SECTION 20A-5.16 OF THE LAND DEVELOPMENT CODE OF THE CITY OF SEBASTIAN: CREATING A NEW SECTION 20A-5.16 OF THE LAND DEVELOPMENT CODE OF THE CITY OF SEBASTIAN: PROVIDING DEFINITIONS: PROVIDING RESTRICTIONS ON THE PLACEMENT OF MOBILE HOMES: PROVIDING RESTRICTIONS ON THE PARKING AND STORAGE OF RECREATIONAL VEHICLES: PROVIDING RESTRICTIONS ON THE PLACEMENT OF TEMPORARY TRAILERS: DECLARING COR ZONING DISTRICT AS RESIDENTIAL FOR LIMITED PURPOSES: PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH: PROVIDING FOR CODIFICATION: PROVIDING A SEVERABILITY CLAUSE: AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the city Council of the City of Sebastian, Indian River County, Florida, has determined that it is in the best interests of the health, safety, and welfare of the residents of the City that the placement of mobile homes be limited to certain zoning districts; and WHEREAS, the City Council of the City of Sebastian has determined that it is in the best interests of the health, safety, and welfare of the residents of the city that restrictions be placed on the parking and storage of certain enumerated vehicles and conveyances in the residentially zoned districts of the city. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: SECTION 1. That the existing Section 2 OA-5. 16. of the Land Development Code of the City of Sebastian, Florida is hereby repealed in its entirety. SECTION 2. That the Land Development Code of the City of Sebastian, FloI'ida, is hereby amended by adding a new ~ection, to be numbered 20A-5.16., which said Section shall read as follows: "A. Definitions. 1. Mobile Home. A single or multiple family dwelling as described in Section 20A-3.7.B.1. of the Land Development Code. 91; , f LfZ . . . 2. Travel Trailer. A portable structure built on a chassis as described in section 20A-3. 7. B. 2. of the Land Development Code. 3 . Camper. (a) A trailer or a semi-trailer which is designed, constructed, and equipped as a dwelling place, living abode, or sleeping place (either temporarily or permanently) and is equipped for use as a conveyance on streets and highways; or (b) Any motor vehicle which constructed, or modified, and equipped place, living abode, or sleeping temporarily or permanently); or (c) A trailer or a semi-trailer, the chassis and exterior shell of which is designed and constructed for use as a camper, as defined in Subparagraphs (a) or (b), but which is used instead, permanently or temporarily, for the advertising, sales, display, or promotion of merchandise or services. 4. Boat. A watercraft as described in section 6-1. of the Code of Ordinances of the city of Sebastian. 5. Trailer. Any vehicle, wi th or without motor power, other than a pole trailer, designed for carrying persons or property and for being drawn by a motor vehicle. 6. Recreational Vehicle (RV). (a) Any travel trailer, camper, boat, or trailer as defined herein. is designed, as a dwell ing place (either (b) If a boat is mounted on a trailer designed for the transport of such boat, then such boat and trailer shall be deemed to be a single RV. (c) A travel trailer, camper or trailer in tandem with one another or in any other combination shall not be deemed to be a single RV, but rather each separate travel trailer, camper or trailer shall constitute a separate and distinct RV. 2 .. . . 7 . Primary Front Yard. The yard of an improved corner lot which is located between the side of the structure facing the street where the primary entrance is located and the street. 8. Secondary Front Yard. The yard of an improved corner lot which is located between the side of the structure facing the street where the primary entrance is not located and the street. B. Mobile permitted in any Districts. Homes Prohibited. zoning district No mobile homes shall be except the R-MH or RMH-PUD C. parkinq and Storaqe of Recreational Vehicles. Recreational vehicles as described herein may be parked, stored or placed on any improved lot in any residential district, provided that: 1. The recreational vehicle is owned by the person residing on the same improved lot on which the recreational vehicle is located. 2. The recreational vehicle is not used for residential, office or commercial purposes. 3. The recreational vehicle is not used for sleeping, housekeeping, or living quarters while parked on any improved lot. The attachment of one (1) or more wires between the recreational vehicle and any electrical power outlet in a residence shall be prima facie evidence of housekeeping. 4. The recreational vehicle is located to the rear of the front building line, and in no event less than twenty- five (25) feet from the front lot line, or is located wholly within a carport or garage. Notwithstanding the foregoing sentence, with respect to locating recreational vehicles on the secondary front yard of an improved corner lot, the recreational vehicle need only be located behind the front yard setback for such improved corner lot and need not be 3 . ed . . located to the rear of front building line for the secondary front yard. 5. The recreational vehicle is not located within any road right-of-way. 6. In the event that the recreational vehicle is a collapsible camping trailer, the trailer must be stored in the collapsed state. 7. The recreational vehicle must bear a current State of Florida registration. 8. The recreational vehicle, other than a utility trailer or a cargo trailer, shall not exceed thirty-six (36) feet in length. The recreational vehicle which is a utility trailer or a cargo trailer shall not exceed fourteen (14) feet in length. 9. No more than two (2) recreational vehicles shall be permitted on anyone (1) improved lot whose area does not exceed fourteen thousand nine hundred and ninety-nine (14,999) square feet. 10. No more than three (3) recreational vehicles shall be permitted on anyone (1) improved lot whose area exceeds fifteen thousand (15,000) square feet, but is less than nineteen thousand nine hundred ninety-nine (19,999) square feet. 11. No more than four (4) recreational vehicles shall be permitted on anyone (1) improved lot whose area exceeds twenty thousand (20,000) square feet but is less than twenty-four thousand nine hundred ninety-nine (24,999) square feet. 12. No more than five (5) recreational vehicles shall be permitted on anyone (1) improved lot whose area is twenty-five thousand feet or greater. D. Temporary Trailers. Trailers used temporarily in connection with construction as a dwelling, office, sales room, or security headquarters may be located temporarily in all zoning districts only after a building permit has been issued and during 4 " . '" . . the period of construction activity, under a temporary zoning permit; provided, however, that any such trailer must be removed within ten (10) days after completion of construction or after the issuance of a certificate of occupancy, whichever first occurs. E. COR Zoninq District. For the purposes of this Section, the Commercial office and Residential District (COR) shall be deemed to be a residential district." SECTION 3. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4. 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 5. SEVERABILITY. In the event a court of competent jurisdiction shall hold or determine that any part of this Ordinance is invalid or unconsti tutional, 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. 5 . eH . . . , SECTION 6. EFFECTIVE DATE. This Ordinance shall take effect immediately upon final passage. CITY OF SEBASTIAN, FLORIDA ~/~ ATTEST: By: Richard B. Votapka, Mayor ~ oran, CMC/AAE - ..Kathr city... _ 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~.~ ublic he~7ing was held on this Ordinance at 7: 00 p. m. on the ~ day of /l!ov.(JnbEt0 , 1988, and that following said public hearing this ordinance was passed by the City Council. ~ ?h.iA On . I '1. Kathry M. O'Halloran, CMC/AAE City Clerk ~orm~and c~~ent: Charles Ian Nash, city Attorney 6