HomeMy WebLinkAboutO-89-18ORDINANCE NO. O-89-18
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORIDA REGARDING MOBILE HOMES
AND MANUFACTURED HOMES; AMENDING SECTION
20A-3.7 OF THE LAND DEVELOPMENT CODE TO
INCLUDE RESIDENTIAL MANUFACTURED HOMES AS
PERMITTED USES IN R-MH MOBILE HOME DISTRICTS;
AMENDING THE POLICY AND DEFINITIONS IN SAID
SECTION; INCREASING THE MINIMUM LIVING AREA
IN A R-ME MOBILE HOME DISTRICT FROM 500
SQUARE FEET TO 900 SQUARE FEET; AMENDING
SECTION 20A-4.8 OF THE LAND DEVELOPMENT CODE
TO ADD RESIDENTIAL DESIGN MANUFACTURED HOMES
AS PERMITTED STRUCTURES IN THE PUD(MH) MOBILE
HOME PLANNED UNIT DEVELOPMENT DISTRICT;
PROVIDING FOR REPEAL OF ORDINANCES OR PARTS
OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING
FOR INCLUSION IN THE LAND DEVELOPMENT CODE OF
THE CITY OF SEBASTIAN; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the Planning and Zoning Commission and the
city staff has recommended to the City Council of the City of
Sebastian, Indian River County, Florida, that the Land
Development Code as it pertains to mobile homes be amended to
provide for definitions of residential manufactured homes and for
further guidance regarding zoning districts where residential
manufactured homes can be located; and,
WHEREAS, architecturally and aesthetically, residential
manufactured buildings and mobile homes have very similar
appearance; and,
WHEREAS, architecturally and aesthetically, mobile
homes do not resemble site-built homes; and,
WHEREAS, mobile homes located in zoning districts which
include site-built homes adversely affect the property values of
such homes because of, inter a~ia, architectural and aesthetic
considerations.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that:
Section 1. Section 20A-37, Sebastian Land Development
Code is hereby amended to read as follows:
"Section 20A-3.7. R-MH MOBILE HOME DISTRICT.
A. Purpose and Intent. The R-MH district is
established to implement comprehensive plan policies for managing
mobile home and certain non-site building development on land
designated for residential development satisfying the location
requirements and criteria of this section.
Definitions:
1. "Mobile home" shall mean a structure transportable
in one or more sections, which in the traveling mode, is eight
body (8') feet or more in width or forty body (40') feet or more
in length, or when erected on site, is three hundred twenty or
more square feet, and which is built on a permanent chassis and
designed to be used as a dwelling with or without a permanent
foundation when connected to the required utilities, and
including the plumbing, heating, air conditioning and electrical
systems contained therein. Calculations to determine the number
of square footage in a structure will be based upon HUD
standards, and such structures are subject to the regulations set
forth therein.
2. "Residential manufactured building" shall mean a
closed structure, building assembly or system of subassemblies,
which may include structural, electrical, plumbing, heating,
ventilating or other service systems manufactured in
manufacturing facilities for installation or erection, with or
without other specified components, as a finished residential
building or as part of a finished residential building, which
shall be required to bear the insignia from the Department of
Community Affairs, State of Florida (hereinafter DCA) or its
successor agency, pursuant to regulations promulgated by DCA.
3. "Travel trailer" shall mean a portable structure
built on a chassis designed as a temporary dwelling for travel
and vacational use and when not exceeding eight (8) feet in
width, weight four thousand five hundred (4,500) pounds or whose
length does not exceed twenty-nine (29) feet and shall not be
used as living quarters except in a trailer park. For purposes
of this section and Section 2OA-4.8, travel trailer shall be a
type of travel trailer.
B. Permitted Uses. In this district as a permitted
use a building or premises may be used only for the below
stated uses. All applicable provisions of the Land Development
Code shall be satisfied including site plan review and
performance criteria.
Permitted uses: mobile homes, residential manufactured
buildings and accessory residential uses.
C. 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 of Chapter 20A (the Land
Development Code) and all other applicable provisions of the Land
Development Code, including site plan review and performance
criteria. The planning and zoning commission shall ascertain if
such conditions and provisions are satisfied. Appeals of such
decisions shall be heard by the city council.
Conditional uses: Public and private utilities, model
homes, public parks and recreation areas, public protective and
emergency services and accessory uses.
D. Location Requirements:
1. Mobile homes, travel trailers and other portable
living quarters: Mobile homes, trailers or other portable living
quarters are specifically prohibited in any and all zoning
districts within the corporate limits of the city, except as
provided herein: R-MH Mobile Home District (mobile homes only
allowed) and the PUD (MH) Mobile Home Planned Unit Development
District.
2. Nonconforminq Mobile Home Uses. Any nonconforming
trailer, portable living quarter or nonconforming mobile home use
existing within the corporate limits on November 9, 1989 at
twelve o'clock (noon) shall be allowed to remain, but shall not
be allowed to expand their facilities beyond their current
boundaries.
E. Construction Standards. Ail residential
manufactured buildings, mobile homes, travel trailers, and
similar portable living quarters shall be constructed in
compliance with specifications set forth by the National Fire
Protection Association (NFPA) under the Association's Code of
Specifications for Mobile Homes and Travel Trailers as exists or
as may hereinafter be updated and amended by the NFPA. Said
specifications are adopted by reference by the city council and
may be identified by the signature of the city clerk which is
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affixed to said specifications as is the corporate seal of the
City of Sebastian. All construction shall meet the above
specifications or equal, except to the extent same is
inconsistent with the United States Department of Housing and
Urban Development (HUD) regarding construction and safety
standards of mobile homes and with the State of Florida
Department of Community Affairs regarding construction and safety
standards for residential manufactured buildings. The said NFPA
specifications shall remain on file in the city hall and shall be
kept current with subsequent NFPA amendments.
Each mobile home, trailer, or other portable unit
shall be anchored in a manner prescribed by the Land Development
Code of Ordinances consistent with the Federal Department of
Housing and Urban Development standards. The minimum first floor
elevation shall be at least eighteen (18) inches above the crown
of the street.
Ail awnings, carports, principal patios and
accessories to the building or accessory buildings shall be
constructed in compliance with the building code and the Land
Development Code of the city. In addition, all mobile homes
shall be required to have concrete block or stucco skirting and
concrete steps at the entrance to the mobile home.
F. Size and Dimension criteria:
1. Minimum lot size (density): 7,500 square feet.
The density of mobile home development shall not exceed the
density assigned to the respective site on the adopted
comprehensive plan map.
2. Minimum lot width: 70 feet.
3. Minimum lot depth: 1OO feet.
4. Maximum building height: 15 feet.
5. Minimum living area: 900 square feet.
6. Minimum setbacks:
(a) Front yard: 20 feet.
(b) Side yard: 10 feet.
(c) Rear yard: 10 feet.
7. Maximum building coverage: 30 percent.
8. Minimum green area: 50 percent."
Section 2. Sections 2OA-4.8 A, C.2 (k), D.7 and E.,
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Sebastian Land Development Code are hereby amended to read as
follows:
"(a) Section 20A-4.8 PUD (MH) Mobile Home Planned Unit
Development. This section provides specific regulations for the
development of mobile home planned unit developments (PUD(MH)) in
areas designated for residential development on the
Comprehensive Plan Land Use Map.
A. Definitions.
1. "Mobile home" shall mean a structure
transportable in one or more sections, which in the traveling
mode, is eight body (8') feet or more in width or forty body
(40') feet or more in length, or when erected on site, is three
hundred twenty or more square feet, and which is built on a
permanent chassis and designed to be used as a dwelling with or
without a permanent foundation when connected to the required
utilities, and including the plumbing, heating, air conditioning
and electrical systems contained therein. Calculations to
determine the number of square footage in a structure will be
based upon HUD standards, and such structures are subject to the
regulations set forth therein.
2. "Residential manufactured home" shall mean a
closed structure, building assembly or system of subassemblies,
which may include structural, electrical, plumbing, heating,
ventilating or other service systems manufactured in
manufacturing facilities for installation or erection, with or
without other specified components, as a finished residential
building or as part of a finished residential building, which
shall be required to bear the insignia from the Department of
Community Affairs, State of Florida (hereinafter DCA) or its
successor agency, pursuant to regulations promulgated by DCA.
3. "Travel trailer" shall mean a portable
structure built on a chassis designed as a temporary dwelling for
travel and vacational use and when not exceeding eight (8) feet
in width, weight four thousand five hundred (4,500) pounds or
whose length does not exceed twenty-nine (29) feet and shall not
be used as living quarters except in a trailer park. For
purposes of this section and Section 2OA-3.7, travel trailer
shall be a type of travel trailer."
as
(b)
fol lows:
Section 20A-4.8 C.2(k) is hereby amended to read
"Required Separation Between Recreational Vehicles.
Recreational vehicles shall be separated from each other and
other structures by at least ten (10) feet. Any temporary
accessory structure such as attached awnings or temporary or
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individual storage facilities shall,
separation requirement, be considered
recreational vehicle."
for purposes of this
to be part of the
(c) Section 20A-4.8 D.7 is amended to read as follows:
"Minimum living area: 900 square feet."
(d) Section 2OA-4.8 E. is amended to read as follows:
"ConstrUction Standards. Ail residential
manufactured buildings, mobile homes, travel trailers, and
similar portable living quarters shall be constructed in
compliance with specifications set forth by the National Fire
Protection Association (NFPA) under the Association's Code of
Specifications for Mobile Homes and Travel Trailers as exists or
as may hereinafter be updated and amended by the NFPA. Said
specifications are adopted by reference by the city council and
may be identified by the signature of the city clerk which is
affixed to said specifications as is the corporate seal of the
City of Sebastian. All construction shall meet the above
specifications or equal, except to the extent same is
inconsistent with the United States Department of Housing and
Urban Development (HUD) regarding construction and safety
standards of mobile homes and with the State of Florida
Department of Community Affairs regarding construction and safety
standards for residential manufactured buildings. The said NFPA
specifications shall remain on file in the city hall and shall be
kept current with subsequent NFPA amendments.
Each mobile home, trailer, or other portable unit
shall be anchored in a manner prescribed by the Code of
Ordinances (including the Land Development Code) consistent with
the Federal Department of Housing and Urban Development
standards. The minimum first floor elevation shall be at least
eighteen (18) inches above the crown of the street.
Ail awnings, carports, principal patios and
accessories to the building or accessory buildings shall be
constructed in compliance with the building code and the Land
Development Code of the city. In addition, all mobile homes
shall be required to have concrete block or stucco skirting and
concrete steps at the entrance to the mobile home."
Section 3. CONFLICT. Ail 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
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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 the word "Ordinance" may be change to "Section",
"Article" or other appropriate designations.
Section 5. 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 shall 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 6. EFFECTIVE DATE. This Ordinance shall
become effective immediately upon its adoption.
The foregoing Ordinance was moved
Councilman ~ ~ ~&.,L,~j~.
by Councilman ~ ~L~L~(L~
vote, the vote was as follows:
for adoption by
. The motion was seconded
and, upon being put to a
Mayor Richard B. Votapka
Vice-Mayor Robert McCarthy
Councilman Robert L. McCollum
Councilman Frank Oberbeck
Councilman Lloyd Rondeau
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The Mayor thereupon declared this Ordinance duly passed
and adopted this ~.~ day of ~/~f.v;1/,qS~ , 1989.
,!
Richard B. Votapka, Mayor
ATTEST:
cK.~ttyh~c~e-Mr~ O'Halloran, CMC/AAE
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 public he~;ing was held on
this Ordinance at 7:09 p.m. on the~ day of'~/~,~ , 1989,
and that following said public hearing this Ordinance was passed
~b~ ~he City Council.
Kathr~h M. O'Halloran, CMC/AAE
City Clerk
ApDro~as to Form and Content:
Charles Ian Nash, City Attorney
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