HomeMy WebLinkAboutO-93-01
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ORDINANCE NO. 0-93-01
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE;
AMENDING THE DEFINITION OF PARKING GARAGES; AMENDING THE
DEFINITION OF RESTAURANTS; AMENDING THE DEFINITION OF
WAREHOUSING, STORAGE AND DISTRIBUTION ACTIVITIES;
PROHIBITING USES AND STRUCTURES THAT ARE NOT OTHERWISE
SPECIFICALLY PERMITTED; AMENDING PROVISIONS PERTAINING
TO THE MINIMUM LIVING AREA IN DWELLING UNITS IN ALL
RESIDENTIAL ZONING DISTRICTS, INCLUDING THE R-KH AND COR
ZONING DISTRICTS; AMENDING PROVISIONS PERTAINING TO
MINIMUM BUILDING SETBACKS FROM PROPERTY LINES IN ALL
ZONING DISTRICTS; PROVIDING FOR GUEST HOUSES AS A
CONDITIONAL USE IN THE RS-20 (SINGLE-FAMILY RESIDENTIAL
DISTRICT) ZONING DISTRICT; PROVIDING FOR HOME OCCUPATIONS
AS A CONDITIONAL USE IN THE RM-8 (MEDIUM DENSITY
MULTIPLE-FAMILY RESIDENTIAL DISTRICT), THE RM-12 (HIGH
DENSITY MULTIPLE-FAMILY RESIDENTIAL DISTRICT), AND THE
R-KH (MOBILE HOME DISTRICT) ZONING DISTRICTS; PROVIDING
FOR RETAIL GASOLINE SALES AS A PERMITTED USE IN THE CG
(GENERAL COMMERCIAL DISTRICT) ZONING DISTRICT; PROVIDING
FOR MEDICAL SERVICES AS A PERMITTED USE IN THE COR
(COMMERCIAL OFFICE RESIDENTIAL DISTRICT), THE CL (LIMITED
COMMERCIAL DISTRICT), THE CG (GENERAL COMMERCIAL
DISTRICT), AND THE GMC (GENERAL MARINE COMMERCIAL
DISTRICT) ZONING DISTRICTS; PROVIDING FOR WIDTH
REQUIREMENTS FOR RESIDENTIAL DRIVEWAYS; PROVIDING A
DEFINITION OF A GUEST HOUSE; PROVIDING THAT A GUEST HOUSE
SHAll BE A CONDITIONAL USE IN THE RE-40 (RESIDENTIAL
ESTATE DISTRICT) ZONING DISTRICT; PROVIDING SPECIAL
CRITERIA REGULATING GUEST HOUSES AS A CONDITIONAL USE;
AMENDING THE CONSTRUCTION STANDARDS OF ALL RESIDENTIAL
MANUFACTURED BUILDINGS, MOBILE HOMES, TRAVEL TRAILERS AND
SIMILAR PORTABLE LIVING QUARTERS IN AN R-KH MOBILE HOME
DISTRICT AND IN A PUD (KH) MOBILE HOME PLANNED UNIT
DEVELOPMENT; AMENDING THE REQUIREMENTS FOR A COMMUNITY
BUILDING AND A STORM SHELTER IN A PUD(KH) MOBILE HOME
PLANNED UNIT DEVELOPMENT; AMENDING THE REQUIREMENTS FOR
A COMMUNITY BUILDING AND A STORM SHELTER FOR MOBILE HOME
SUBDIVISIONS; INCREASING THE MAXIMUM BUILDING COVERAGE
REQUIRED IN AN R-KH MOBILE HOME DISTRICT AND A PUD(KH)
PLANNED UNIT DEVELOPMENT; AMENDING SECTION 2 OA- 5 . 1 OF THE
LAND DEVELOPMENT CODE PERTAINING TO HEIGHT EXCEPTIONS;
AMENDING SECTION 20A-S.2 OF THE LAND DEVELOPMENT CODE
PERTAINING TO PROJECTIONS AND OBSTRUCTIONS INTO A
REQUIRED YARD; REPEALING PROVISIONS PERTAINING TO
ENCROACHMENTS BY FIRE ESCAPES, OUTSIDE STAIRWAYS AND
BALCONIES WHICH PROJECT INTO A REQUIRED YARD; AMENDING
SECTION 20A-S.S OF THE LAND DEVELOPMENT CODE PERTAINING
TO ENCROACHMENTS OF DETACHED STRUCTURES IN A REQUIRED
REAR YARD; AMENDING PROVISIONS PERTAINING TO THE LOCATION
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OF ACCESSORY BUILDINGS; AMENDING PROVISIONS PERTAINING
TO FENCES ON RESIDENTIAL CORNER LOTS; AMENDING PROVISIONS
PERTAINING TO UTILIZATION OF REAL PROPERTY LOCATED IN A
COMMERCIAL OR INDUSTRIAL ZONED DISTRICT FOR RESIDENTIAL
PURPOSES; AMENDING PROVISIONS PERTAINING TO HEIGHT
RESTRICTIONS OF FENCES AND WALLS; AMENDING PROVISIONS
PERTAINING TO REQUIRED SCREENS FOR GARBAGE, REFUSE
DUMPSTERS; AMENDING PROVISIONS PERTAINING TO REGULATION
OF OBSTRUCTIONS TO VISIBILITY ON A CORNER LOT; AMENDING
PROVISIONS PERTAINING TO THE VIOLATION OF SPECIAL
CRITERIA FOR MODEL HOMES AS A CONDITIONAL USE; AMENDING
PR~VISIONS PERTAINING TO THE REQUIRED PARKING SPACES FOR
MARINAS; PROHIBITING POROUS SURFACES FOR HANDICAPPED
PARKING SPACES; PROVIDING FOR REQUIRED WIDTH FOR ENTRY
AKD EXIT WAYS AND DRIVES; PROVIDING THAT A PRELIMINARY
SITE PLAN APPLICANT DOES NOT OBTAIN VESTED RIGHTS UPON
TBIfTATIVE APPROVAL BY THE PLANNING AND ZONING COMMISSION;
AMENDING PROVISIONS PERTAINING TO THE LOCATION OF PRIVATE
WELLS ON REAL PROPERTY LOCATED WITHIN THE CITY LIMITS;
AMENDING PROVISIONS PERTAINING TO THE LOCATION OF A CHILD
CARE FACILITY IN RELATION TO THE TYPE OF STREET ADJACENT
TO SAID FACILITY; AMENDING PROVISIONS PERTAINING TO OFF-
STREET LOADING FACILITIES; AMENDING PROVISIONS PERTAINING
TO GENERAL SITE PLAN REVIEW PROCEDURES; AMENDING SECTION
20A-3.8.C OF THE LAND DEVELOPMENT CODE TO ADD CHILD CARE
FACILITIES AS A CONDITIONAL USE; AMENDING SECTION 20A-
3.9. C OF TIlE LAND DEVELOPMENT CODE TO ADD CHILD CARE
FACILITIES AS A CONDITIONAL USE; AMENDING SECTION 20A-
3.16.C OF THE LAND DEVELOPMENT CODE TO ADD CHILD CARE
FACILITIES AS A CONDITIONAL USE; AMENDING SECTION 20A-
3.10.C OF THE LAND DEVELOPMENT CODE TO ADD CHILD CARE
FACILITIES AS A CONDITIONAL USE; AMENDING PROVISIONS
PERTAINING TO THE ELECTION OF OFFICERS AND THE SELECTION
OF A SECRETARY FOR THE PLANNING AND ZONING COMMISSION;
AMENDING PROVISIONS PERTAINING TO PROCEDURES FOR THE
PLAlHfING AND ZONING COMMISSION; AMENDING PROVISIONS
PERTAINING TO SUBMISSION AND TRANSMITTAL OF PROPOSED
AMENDMENTS TO THE COMPREHENSIVE LAND USE PLAN; AMENDING
TRE EXISTING DEFINITION OF A COMMERCIAL AMUSEMENT,
utfERCLOSED; PROHIBITING THE UTILIZATION OF USABLE OUTDOOR
RECREATION AREAS FOR CHILD CARE FACILITIES WITHIN ANY
DEDICATED EASEMENT; AMENDING SECTION 20A-6.1.C.14.b TO
ADD ADDITIONAL RESTRICTIONS PERTAINING TO HOME
OCCUPATIONS AS A CONDITIONAL USE; PROVIDING FOR THE
REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
HEREWITH; PROVIDING FOR THE INCLUSION OF THIS ORDINANCE
IN THE LAND DEVELOPMENT CODE OF THE CITY OF SEBASTIAN,
FLORIDA; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING
FOR AN EFFECTIVE DATE.
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WHEREAS, City staff and the Planning and Zoning Commission
have recommended that revisions be made to the Land Development
Code of the City of Sebastian in order to provide clarification of
existing provisions and to update existing provisions to conform
with changes in the community; and
WHEREAS, the City Council of the City of Sebastian, Indian
River County, has determined that it is in the best interests of
the City and its residents to revise existing provisions of the
Land Development Code of the City of Sebastian.
MOW, 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 20A-2.5 of the Land
Development Code of the City of Sebastian, Florida, is hereby
amended by deleting Paragraph 14 of Subsection C (S20A-2.5.C.14)
in its entirety and adding the following new provisions in lieu
thereof to read as follows:
"14. Parking garages. Governmental or private
commercial building or structure solely for the
off-street parking or storage of operable motor
vehicles. Where parking garages are permitted
within a specific zoning district, the lack of
a building or structure shall not prohibit
utilization of the lot for the off street
parking or storage of operable motor vehicles.
It will be the responsibility of the owner of
the lot to ensure that all abandoned or non-
operable vehicles are removed from the lot
within five (5) days of when any such vehicle
is discovered or should have been discovered
by the owner through the exercise of reasonable
diligence."
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1.
Section 2.
That the existing Section 20A-2.5 of the Land
Development Code of the City of Sebastian, Florida, is hereby
amended by deleting Paragraph 16 of Subsection C (S20A-2.5.C.16)
in its entirety and adding the following new provisions in lieu
thereof to read as follows:
"16. Restaurants (excluding drive-ins and fast food
service). Any establishment (which is not a
drive-in service establishment) where the
principal business is the sale of food to the
customer in a ready-to-consume state and
receives more than fifty percent (50%) of its
gross revenues from food sales, determined on
a monthly basis. The design and principal
method of operation shall include one (1) or
more of the following:
(a) Customers, normally provided with an
individual menu, are served generally in
nondisposable containers by restaurant
employee at the same table or counter at
which items are consumed by the customers.
(b) Ice cream parlors and other specialty
restaurants having floor area exclusively
wi thin a shopping or office center and
share common parking facilities with other
businesses within the center and expressly
prohibi ting freestanding stores having
characteristics of a drive-in restaurant.
(c) A cafeteria or cafeteria type operation
where foods, deserts or beverages
generally are served in nondisposable
containers and consumed wi thin the
restaurant building.
(d) Customers purchase food, desserts or
beverages for carry out."
Section 3.
That the existing Section 20A-2.5 of the Land
Development Code of the City of Sebastian, Florida, is hereby
amended by deleting Paragraph 6 of Subsection D (S20A-2.5.D.6) in
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its entirety and addin
the following new provisions in lieu
thereof to read as follows:
" 6 . Warehousing, a: d distribution
activities, uilding contract
construction, buildi supplies, furniture
stores with maj warehousing, and trade
services with ensive warehousing, trucking
support fac' ties, or requirement of outside
storage." jor or extensive warehousing" shall
be def' ed as an establishment having fifty
perce % or more of the total gross
building area being utilized or wa ousing
or storage."
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Section 4.
Article II the Land Development Code of the
City of Sebastian, Florida, is hereby amended by adding a new
provision to be designated as Section 20A-2. 7 to provide as
follows:
"Sec. 20A-2.7.
Prohibi ted uses and structures,
generally.
Any use or structure not of a character indicated
under permitted uses and structures or permitted as a
conditional use in a zoning district in accordance with
the provisions of Article III of the Land Development
Code shall be prohibited unless otherwise specifically
permitted in Article IX of the Land Development Code."
Section 5.
That the existing Section 20A-3.1 of the Land
Development Code of the City of Sebastian, Florida, is hereby
amended by deleting Paragraph 5 of Subsection D (S20A-3.1.D.5) in
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its entirety and adding the following new provisions in lieu
thereof to read as follows:
"5. Minimum living area: The minimum floor area
required, exclusive of porches, terraces,
attached garages, carport or unroofed areas,
shall be one thousand two hundred (1,200)
square feet. Every single-family dwelling unit
shall be required to provide a garage or
carport. If a carport or similar unenclosed
vehicle storage structure is provided, then the
principal structure shall contain a fully-
enclosed utility storage area of at least sixty
(60) square feet, which shall be designed as
an integral part of the principal structure.
If a fully-enclosed garage is provided, then
no utility structure shall be mandated. The
garage or carport shall have a minimum interior
clear dimension of ten (10) feet by twenty (20)
feet. ..
Section 6. That the existing Section 20A-3.1 of the Land
Development Code of the City of Sebastian, Florida, is hereby
amended by deleting Paragraph 6 of Subsection D (S20A-3.1.D.6) in
its entirety and adding the following new provisions in lieu
thereof to read as follows:
"6. Minimum building setbacks from property lines:
(a) Front yard: 40 feet.
(b) Side yard: 20 feet.
(c) Rear yard: 25 feet...
Section 7.
That the existing Section 20A-3.2 of the Land
Development Code of the City of Sebastian, Florida, is hereby
amended by deleting Paragraph 5 of Subsection D (S20A-3.2.D.5) in
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its entirety and adding the following new provisions in lieu
thereof to read as follows:
"5. Minimum living area: The minimum floor area
required, exclusive of porches, attached
garages, carport or unroofed areas, shall be
one thousand two hundred (1,200) square feet.
Every single-family dwelling unit shall be
required to provide a garage or carport. If
a carport or similar unenclosed vehicle storage
structure is provided, then the principal
structure shall contain a fully-enclosed
utility storage area of at least sixty (60)
square feet, which shall be designed as an
integral part of the principal structure. If
a fully-enclosed garage is provided, then no
utility structure shall be mandated. The
garage or carport shall have a minimum interior
clear dimension of ten (10) feet by twenty (20)
feet. ..
Section 8. That the existing Section 20A-3.2 of the Land
Development Code of the City of Sebastian, Florida, is hereby
amended by deleting Paragraph 6 of Subsection D (S20A-3.2.D.6) in
its entirety and adding the following new provisions in lieu
thereof to read as follows:
"6. Minimum building setbacks from property lines:
(a) Front yard: 30 feet.
(b) Side yard: 15 feet.
(c) Rear yard: 25 feet."
Section 9.
That the existing Section 20A-3.3 of the Land
Development Code of the City of Sebastian, Florida, is hereby
amended by deleting Paragraph 5 of Subsection D (S20A-3.3.D.5) in
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its entirety and adding the following new provisions in lieu
thereof to read as follows:
"5. Minimum living area: The minimum floor area
required, exclusive of porches, terraces,
attached garages, carports or unroofed areas,
shall be one thousand (1,000) square feet.
Every single-family dwelling unit shall be
required to provide a garage or carport. If
a carport or similar unenclosed vehicle storage
structure is provided, then the principal
structure shall contain a fully-enclosed
utility storage area of at least sixty (60)
square feet, which shall be designed as an
integral part of the principal structure. If
a fully-enclosed garage is provided, then no
utility structure shall be mandated. The
garage or carport shall have a minimum interior
clear dimension of ten (10) feet by twenty (20)
feet. II
Section 10.
That the existing Section 20A-3.3 of the Land
Development Code of the City of Sebastian, Florida, is hereby
amended by deleting Paragraph 6 of Subsection D (S20A-3.3.D.6) in
its entirety and adding the following new provisions in lieu
thereof to read as follows:
II 6 . Minimum building setbacks from property lines:
(a) Front yard: 25 feet.
(b) Side yard: 15 feet.
(c) Rear yard: 20 feet."
Section 11.
That the existing Section 20A-3.4 of the Land
Development Code of the City of Sebastian, Florida, is hereby
amended by deleting Paragraph 5 of Subsection D (S20A-3.4.D.5) in
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its entirety and adding the following new provisions in lieu
thereof to read as follows:
"5. Minimum living area: The minimum floor area
required, exclusive of porches, terraces,
attached garages, carports or other unenclosed
areas, shall be nine hundred (900) square
feet. Every single-family dwelling unit shall
be required to provide a garage or carport.
If a carport or similar unenclosed vehicle
storage structure is provided, then the
principal structure shall contain a fully-
enclosed utility storage area of at least sixty
(60) square feet, which shall be designed as
an integral part of the principal structure.
If a fully-enclosed garage is provided, then
no utility structure shall be mandated. The
garage or carport shall have a minimum interior
clear dimension of ten (10) feet by twenty (20)
feet. "
Section 12.
That the existing Section 20A-3.4 of the Land
Development Code of the City of Sebastian, Florida, is hereby
amended by deleting Paragraph 6 of Subsection D (S20A-3.4.D.6) in
its entirety and adding the following new provisions in lieu
thereof to read as follows:
"6. Minimum building setbacks from property lines:
(a) Front yard: 25 feet.
(b) Side yard: 10 feet.
(c) Rear yard: 20 feet."
Section 13.
That the existing Section 20A-3.5 of the Land
Development Code of the City of Sebastian, Florida, is hereby
amended by deleting Paragraph 5 of Subsection D (S20A-3.5.D.5) in
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its entirety and adding the following new provisions in lieu
thereof to read as follows:
"5. Minimum living area: The minimum floor area
required for a single-family structure,
excluding porches, terraces, attached garages,
carports or other unenclosed areas, shall be
nine hundred (900) square feet. Every single-
family dwelling unit shall be required to
provide a garage or carport. If a carport or
similar unenclosed vehicle storage structure
is provided, then the principal structure shall
contain a fully-enclosed utility storage area
of at least sixty (60) square feet, which shall
be designed as an integral part of the
principal structure. If a fully-enclosed
garage is provided, then no utility structure
shall be mandated. The garage or carport shall
have a minimum interior clear dimension of ten
(10) feet by twenty (20) feet.
Duplex: Seven hundred fifty (750)
square feet per unit.
Multiple-family structures: Efficiencies shall
be required to provide six hundred (600) square
feet per unit; (1) one-bedroom units shall be
required to provide seven hundred (700) square
feet per unit; (2) two-bedroom units shall be
required to provide eight hundred fifty (850)
square feet per unit; (3) three-bedroom units
shall be required to provide one thousand
(1,000) square feet per unit; and for each
additional bedroom, an additional one hundred
(100) square feet per bedroom shall be
provided."
Section 14.
That the existing Section 20A-3.5 of the Land
Development Code of the City of Sebastian, Florida, is hereby
amended by deleting Paragraph 6 of Subsection D (20A-3.5.D.6) in
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its entirety and adding the following new provisions in lieu
thereof to read as follows:
~6. Minimum building setbacks from property lines:
Setbacks (feet)
Yard 1 story 2 stories
Front 25 25
Rear 25 25
Side (interior) 10 15
Between residential
structures on same lot 20 20~
Section 15.
That the existing Section 20A-3.6 of the Land
Development Code of the City of Sebastian, Florida, is hereby
amended by deleting Paragraph 5 of Subsection D (S20A-3.6.D.5) in
its entirety and adding the following new provisions in lieu
thereof to read as follows:
~5. Minimum living area: The minimum floor area
required for a single-family structure,
excluding porches, terraces, attached garages,
carports or other unenclosed areas, shall be
nine hundred (900) square feet. Every single-
family dwelling unit shall be required to
provide a garage or carport. If a carport or
similar unenclosed vehicle storage structure
is provided, then the principal structure shall
contain a fully-enclosed utility storage area
of at least sixty (60) square feet, which shall
be designed as an integral part of the
principal structure. If a fully-enclosed
garage is provided, then no utility structure
shall be mandated. The garage or carport shall
have a minimum interior clear dimension of ten
(10) feet by twenty (20) feet.
Duplexes shall be required to provide seven
hundred fifty (750) square feet per unit;
efficiencies shall be required to provide six
hundred (600) square feet per unit; (1) one-
bedroom units shall be required to provide
seven hundred (700) square feet per unit; two
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(2) bedroom units shall be required to provide
eight hundred fifty (850) square feet per unit;
three (3) bedroom units shall be required to
provide one thousand (1,000) square feet per
unit; and for each additional bedroom, an
additional one hundred (100) square feet per
bedroom shall be provided."
Section 16.
That the existing Section 20A-3.6 of the Land
Development Code of the City of Sebastian, Florida, is hereby
amended by deleting Paragraph 6 of Subsection D (S20A-3.6.D.6) in
its entirety and adding the following new provisions in lieu
thereof to read as follows:
.. 6 . Minimum building setbacks from property lines:
Setbacks (feet)
Yard 1 story 2 stories
Front
Rear
Side (interior)
Between residential
structures on same lot
25
25
10
25*
25
15*
20
20
*Plus one foot for each additional two (2) feet in height
above twenty-five (25) feet."
Section 17.
That the existing Section 20A-3.8 of the Land
Development Code of the City of Sebastian, Florida, is hereby
amended by deleting Paragraph 5 of Subsection D (S20A-3.8.D.5) in
its entirety and adding the following new provisions in lieu
thereof to read as follows:
"5. Minimum living area: The minimum floor area
required for a single-family structure,
excluding porches, terraces, attached garages,
carports or other unenclosed areas, shall be
one thousand (1,000) square feet. Every
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single-family dwelling unit shall be required
to provide a garage or carport. If a carport
or similar unenclosed vehicle storage structure
is provided, then the principal structure shall
contain a fully-enclosed utility storage area
of at least sixty (60) square feet, which shall
be designed as an integral part of the
principal structure and shall be accessible
from the carport (See Exhibit 1 in Appendix A) .
If a fully-enclosed garage is provided, then
no utility structure shall be mandated. The
garage or carport shall have a minimum interior
clear dimension of ten (10) feet by twenty (20)
feet.
Duplex: Eight hundred fifty (850) square feet
per unit.
Multiple-family structures: Efficiencies shall
provide six hundred (600) square feet per unit;
one (1) bedroom units shall be required to
provide seven hundred fifty (750) square feet
per unit; two (2) bedroom units shall be
required to provide eight hundred fifty (850)
square feet per unit; three (3) bedroom units
shall provide one thousand (1,000) square feet
per unit; and each additional bedroom shall
provide an additional one hundred (100) square
feet per bedroom addition."
Section 18.
That the existing Section 20A-3.8 of the Land
Development Code of the City of Sebastian, Florida, is hereby
amended by deleting Paragraph 6 of Subsection D (S20A~3.8.D.6) in
its entirety and adding the following new provisions in lieu
thereof to read as follows:
"6. Minimum building setbacks from property lines:
(a) Front yard: 10 feet for nonresidential
development. Residential development
shall maintain a twenty-five (25) foot
setback.
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(b) Side yard: Commercial 10 feet;
Residential - 15 feet plus one foot per
each additional two (2) feet in height
above twenty-five (25) feet.
(c) Rear yard: 20 feet.
(d) Minimum distance between residential
structures on same lot: 20 feet.
Section 19.
That the existing Section 20A-3.7 of the Land
Development Code of the City of Sebastian, Florida, is hereby
amended by deleting Paragraph 6 of Subsection F (S20A-3.7.F.6) in
its entirety and adding the following new provisions in lieu
thereof to read as follows:
"6. Minimum building setbacks from property lines:
(a) Front yard: 20 feet.
(b) Side yard: 10 feet.
(c) Rear yard: 10 feet."
Section 20.
That the existing Section 20A-3. 8 (A) of the
Land Development Code of the City of Sebastian, Florida, is hereby
amended by deleting Paragraph 5 of Subsection D (20A-3.8(A).D.5)
in its entirety and adding the following new provisions in lieu
thereof to read as follows:
"5. Minimum building setbacks from property lines:
(a) Front yard: Abutting C.R. 512:
74 feet.
(b) All other front yards: 10 feet.
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(c) Side yard: None if the building is built
to the side property line(s); otherwise
a minimum of 10 feet."
(d) Rear yard: 10 feet."
Section 21.
That the existing Section 20A-3.9 of the Land
Development Code of the City of Sebastian, Florida, is hereby
amended by deleting Paragraph 6 of Subsection D (S20A-3.9.D.6) in
its entirety and adding the following new provisions in lieu
thereof to read as follows:
"6. Minimum building setbacks from property lines:
(a) Front yard: 10 feet.
(b) Side yard: 5 feet minimum, except thirty
(30) feet when abutting a residential
district.
(c) Rear yard: 10 feet; except thirty
(30) feet when abutting a residential
district."
Section 22. That the existing Section 20A-3.10 of the Land
Development Code of the City of Sebastian, Florida, is hereby
amended by deleting Paragraph 6 of Subsection D (S20A-3.10.D.6) in
its entirety and adding the following new provisions in lieu
thereof to read as follows:
.. 6 . Minimum building setbacks from property lines:
(a) Front yard with sidewalks, curb and
gutters: None required.
(b) Front yard without sidewalks,
gutters: 6 feet.
curb and
( c )
Side yard:
feet when
district.
5 feet; except ten (10)
abutting a residential
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(d) Rear yard: 10 feet; except thirty
(30) feet when abutting a residential
district."
Section 23. That the existing Section 20A-3.11 of the Land
Development Code of the City of Sebastian, Florida, is hereby
amended by deleting Paragraph 7 of Subsection D (S20A-3.11.D.7) in
its entirety and adding the following new provisions in lieu
thereof to read as follows:
"7. Minimum building setbacks from property lines:
(a) Front yard: 25 feet.
(b) Rear yard: Rear yards that do not front
the Indian River - 25 feet. Notwithstand-
ing the foregoing, drainage and submerged
lands protection provisions of this code
shall be complied with.
(c) Side yard: 15 feet. Provided, however,
that if the side is adjacent to a
residential district or adjacent to
existing residential uses, landscaping
and screening requirements of this code
shall be complied with.
(d)
Minimum distance between
structures on the same lot:
principal
20 feet."
Section 24.
That the existing Section 20A-3.12 of the Land
Development Code of the City of Sebastian, Florida, is hereby
amended by deleting Paragraph 4 of Subsection E (S20A-3.12.E.4) in
its entirety and adding the following new provisions in lieu
thereof to read as follows:
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"4. Minimum building setbacks from property lines.
(a) Front yard: 25 feet; provided, however,
that the City Council may grant a waiver
of this requirement up to a minimum of
fifteen (15) feet on lots fronting the
Indian River where it is impractical and
unreasonable to accommodate such a setback
due to the narrow depth of the upland area
measured from the front property line to
the mean high water line. Notwithstanding
anything to the contrary in the foregoing,
this provision is not intended to waive
the off-street parking and on-site back-
up and turnaround area requirements of
section 20A-8.2 of this code.
(b) Rear yard: 15 feet.
(c) Side yard: 15 feet."
Section 25.
That the existing Section 20A-3.13 of the Land
Development Code of the City of Sebastian, Florida, is hereby
amended by deleting Paragraph 4 of Subsection D (S20A-3.13.D.4) in
its entirety and adding the following new provisions in lieu
thereof to read as follows:
"4. Minimum building setbacks from property lines:
(a) Front yard: 25 feet.
(b) Rear yard: 15 feet.
(c) Side yard: 15 feet."
Section 26.
That the existing Section 20A-3.14 of the Land
Development Code of the City of Sebastian, Florida, is hereby
amended by deleting Paragraph 6 of Subsection D (S20A-3.14.D.6) in
- 17 -
,
\ "
ri. I
"
;,
its entirety and adding the following new provisions in lieu
thereof to read as follows:
"6. Minimum building setbacks from property lines:
(a) Front yard: 20 feet.
(b) Side yard (interior): None required.
(c) Rear yard: 10 feet.
(d) Minimum separation from a residential
district: no building or structure in an
IN district shall be located closer than
thirty (30) feet to a residential
district."
Section 27. That the existing Section 20A-3.16 of the Land
Development Code of the City of Sebastian, Florida, is hereby
amended by deleting Paragraph 6 of Subsection D (S20A-3.16.D.6) in
its entirety and adding the following new provisions in lieu
thereof to read as follows:
.. 6 . Minimum building setbacks from property lines:
(a) Front yard: 30 feet.
(b) Side yard: 10 feet.
(C) Rear yard: 25 feet.
(d) No building or structure within the
PS district shall be located closer
than thirty (30) feet to a
residential district."
Section 28. That the existing Section 20A-3.2 of the Land
Development Code of the City of Sebastian, Florida, is hereby
amended by deleting existing Subsection C (S20A-3.2.C) in its
- 18 ~
I r
entirety and adding the following new provisions in lieu thereof
to read as follows:
"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 the Land
Development Code 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. Appeals of such decisions shall be heard by
the City Council.
Conditional uses: Home occupations, model homes,
guest houses, child care services, educational
institutions, places of worship, public and private
utilities, public parks and recreation areas, public
protection and emergency services, and accessory uses."
Section 29. That the existing Section 20A-3.5 of the Land
Development Code of the City of Sebastian, Florida, is hereby
amended by deleting existing Subsection C (S20A-3.5.C) in its
entirety and adding the following new provisions in lieu thereof
to read as follows:
"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
- 19 -
,
I r
I
.
,
applicable conditions stated in Article VI of the Land
Development Code 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. Appeals of such decisions shall be heard by
the City Council.
Conditional uses:
Child care services, home
occupations, model homes, educational institutions, golf
courses and support facilities, nursing homes (including
rest homes or convalescent homes), places of worship,
public and private utilities, public parks and recreation
areas, public protection and emergency services, and
accessory uses."
Section 30.
That the existing Section 20A-3.6 of the Land
Development Code of the City of Sebastian, Florida, is hereby
amended by deleting existing Subsection C (S20A-3.6.C) in its
entirety and adding the following new provisions in lieu thereof
to read as follows:
"C. Condi tional 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 the Land
Development Code and all other applicable provisions of
this code, including site plan review and performance
- 20 -
,
'r
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:
Child care services, home
occupations, model homes, educational institutions, golf
courses and support facilities, nursing homes (including
rest homes or convalescent homes), places of worship,
public and private utilities, public parks and recreation
areas, public protection and emergency services, and
accessory uses."
Section 31.
That the existing Section 20A-3.7 of the Land
Development Code of the City of Sebastian, Florida, is hereby
amended by deleting existing Subsection C (S20A-3.7.C) in its
entirety and adding the following new provisions in lieu thereof
to read as follows:
"C. Condi tional 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 the Land
Development Code 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
- 21 -
, ,.
I )\
satisfied. Appeals of such decisions shall be heard by
the City Council.
Conditional uses:
Home occupations, model homes,
public and private utilities, public parks and recreation
areas, public protection and emergency services, and
accessory uses."
Section 32.
That the existing Section 20A-3.10 of the Land
Development Code of the City of Sebastian, Florida, is hereby
amended by deleting existing Subsection B (S20A-3.10.B) in its
entirety and adding the following new provisions in lieu thereof
to read as follows:
"B. Permitted uses.
In this district, as a
permitted use, a building or premises may be used for
only the below stated uses.
All applicable provisions
of provisions of this code shall be satisfied, including
site plan review and performance criteria.
Permitted uses:
Cultural or civic activities,
places of worship, public or private not-for-profit
administrative services, public or private not-for-
profit clubs, business and professional offices, general
retail sales and services, limited commercial activities,
parking garages, plant nurseries, restaurants (excluding
drive~ins),
trade and skilled services,
transient
quarters, vehicular sales and related services, retail
gasoline sales, medical services, and accessory uses."
- 22 -
o ~Q3-0 I
~.Dr'i' t.
. '
Section 33.
That the existing Section 20A-3.8 of the Land
Development Code of the City of Sebastian, Florida, is hereby
amended by deleting existing Subsection B (S2 OA-3 . 8. B) in its
entirety and adding the following new provisions in lieu thereof
to read as follows:
"B. Permitted uses.
In this district, as a
permitted use, a building or premises may be used for
only the below stated uses.
All applicable provisions
of provisions of this code shall be satisfied, including
site plan review and performance criteria.
permi tted uses:
Single-family dwellings, duplex
structures, multiple-family dwellings, cultural or civic
activities, places of worship, public or private not-
for-profit administrative services, public or private
not-for-profit clubs, business and professional offices,
medical services, parking garages, and accessory uses."
Section 34.
That the existing Section 20A-3.9 of the Land
Development Code of the City of Sebastian, Florida, is hereby
amended by deleting existing Subsection B (S20A-3.9.B) in its
entirety and adding the following new provisions in lieu thereof
to read as follows:
"B. Permitted uses.
In this district, as a
permitted use, a building or premises may be used for
only the below stated uses.
All applicable provisions
- 23 -
!-I.
of provisions of this code shall be satisfied, including
site plan review and performance criteria.
Permitted uses: Business and professional offices,
cultural or civic activities , limited commercial
activities, places of worship, public or private not-
for-profit administrative services, public or private
not-for-profit clubs, medical services, parking garages,
and accessory uses."
Section 35. That the existing Section 20A-3.12 of the Land
Development Code of the City of Sebastian, Florida, is hereby
amended by deleting existing Subsection B (S20A-3 .12. B) in its
entirety and adding the following new provisions in lieu thereof
to read as follows:
"B. Permitted uses. In this district, as a
permitted use, a building or premises may be used for
only the below stated uses. All applicable provisions
of provisions of this code shall be satisfied, including
site plan review and performance criteria.
Permitted uses: Wet or dry storage of boats, boat
sales and rental, marine power sales and service, bait
and tackle shop, business and professional offices,
restaurants (excluding drive-ins), fish markets, marine
related specialty retail sales and services, yacht clubs,
medical services, and accessory marine related uses."
- 24 -
Section 36. That the existing Section 20A-S.18 of the Land
Development Code of the City of Sebastian, Florida, is hereby
amended by adding the following provision thereto, to begin at the
end of the existing provisions thereof, to read as follows:
"Notwithstanding anything in this Section to the
contrary, single family lots that are less than 20,000
square feet in area shall not exceed the following
criteria for driveway widths within a city, county or
state right-of-way:
1. Single drive. The pavement width shall not exceed
twenty-four (24) feet.
2. Circular drive. In lieu of a single drive, a
circular driveway may be permitted, provided that the maximum
width shall not exceed sixteen (16) feet for the main entrance
and twelve (12) feet for the subordinate drive. In addition,
there shall be a minimum separation of thirty (30) feet
between the driveways.
Notwithstanding anything in this Section to the contrary,
single family lots with that are at least 20,000 square feet
in area shall be permitted an additional driveway, not to
exceed sixteen (16) feet in width with a minimum separation
of thirty (30) feet from any other existing driveway ( s),
within a city, county or state right-of-way."
- 25 -
Section 37.
That the existing Section 20A-12.2 of the Land
Development Code of the City of Sebastian, Florida, is hereby
amended by adding the following provision thereto to read as
follows:
"Guest house.
An accessory structure to a main
residence for the housing of guests of the owner or
lessee of the main residence, without the payment of the
person or persons utilizing the guest house of
compensation."
Section 38.
That the existing Section 20A-6.1 of the Land
Development Code of the City of Sebastian, Florida, is hereby
amended by adding a new paragraph to Subsection C (S20A-6.1.C) of
the Land Development Code to be designated as Paragraph 32, to
provide as follows:
"32. Guest House.
(a) Applicable zoning districts. Guest house
apartments shall be permitted as a conditional
use within the following zoning districts:
RS-20 and RE-40.
(b) Conditional use criteria. Guest house
apartments will be allowed provided that the
following criteria are met:
(1) Structure shall be an accessory
structure or a portion of a principal
single family dwelling.
(2) No guest house apartment may be
utilized for commercial or rental
purposes.
( 3 ) Total square footage of the guest
house shall not exceed fifty percent
- 26 -
"
(SO%) of the total square footage of
the principal structure (including
living and nonliving space, but the
total square footage of the guest
house shall not, in any event, exceed
1,000 square feet.
(4) No detached accessory structure
utilized for a guest house shall
exceed the height of the principal
structure.
(5) A legal document in a form acceptable
to the City Attorney shall be
provided to the City Clerk in
recordable form to be recorded by
the Clerk of the Circuit Court for
Indian River County, in the Public
Records, which sets forth the
limitations of the use on site. The
cost of recording such legal document
shall be paid by the property owner.
(6) Minimum lot size shall be 30,000
square feet."
Section 39.
That the existing Section 20A-3.1 of the Land
Development Code of the City of Sebastian, Florida, is hereby
amended by deleting Subsection C (S20A-3.1.C) in its entirety and
adding the following new provisions in lieu thereof to read as
follows:
"C. Conditional Uses.
In the district, as a
conditional use, a building or premises may be used for
only the following conditional uses upon compliance with
applicable conditions stating in Article VI of the Land
Development Code and all other applicable provisions of
this code, including site plan review and performance
criteria.
The Planning and Zoning Commission shall
- 27 -
J
"
ascertain if such conditions are satisfied. Appeals of
such decisions shall be heard by the City Council.
Conditional uses: Home occupations, model homes,
guest houses, child care services, educational
institutions, places of worship, public and private
utilities, public parks and recreational areas, public
protective and emergency services, and accessory uses."
Section 40. That the existing Section 20A-3.7 of the Land
Development Code of the City of Sebastian, Florida, is hereby
amended by deleting Subsection E (S20A-3.7.E) in its entirety and
adding the following new provisions in lieu thereof to read as
follows:
"E. Construction standards.
All residential
manufactured buildings, mobile homes, travel trailers,
and similar portable living quarters shall be constructed
in compliance with the provisions of Chapter 320 of
Florida Statutes or Chapter 553 of Florida Statutes.
Each mobile home, travel trailer, or other portable
living quarters shall be anchored in a manner prescribed
by the Code of Ordinances of the City of Sebastian
consistent with the Federal Department of Housing and
Urban Standards. The minimum first floor elevation shall
be at least 18 inches above the crown of the adjoining
street.
~ 28 -
All awnings, carports, principal patios and
accessories to the building and accessory building 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 skirting. Such
skirting shall be of concrete, masonry, stucco, wood, or
other suitable material, and such skirting may have
allowable louvers for ventilation."
Section 41. That the existing Section 20A-4.8 of the Land
Development Code of the City of Sebastian, Florida, is hereby
amended by deleting Subsection E (S20A-4.8.E) in its entirety and
adding the following new provisions in lieu thereof to read as
follows:
"E. Construction standards. All residential
manufactured buildings, mobile homes, travel trailers,
and similar portable living quarters shall be constructed
in compliance with the provisions of Chapter 320 of
Florida Statutes or Chapter 553 of Florida Statutes.
Each mobile home, travel trailer, or other portable
living quarters shall be anchored in a manner prescribed
by the Code of Ordinances of the City of Sebastian
consistent with the Federal Department of Housing and
Urban Standards. The minimum first floor elevation shall
be at least 18 inches above the crown of the adjoining
street.
- 29 -
.(
"
All
awnings,
carports,
principal
patios
and
accessories to the building and accessory building 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 skirting.
Such
skirting shall be of concrete, masonry, stucco, wood, or
other suitable material, and such skirting may have
allowable louvers for ventilation."
Section 42.
That the existing Section 20A-4.8 of the Land
Development Code of the City of Sebastian, Florida, is hereby
amended by deleting Subsection J (S20A-4.8.J) in its entirety and
adding the following new provisions in lieu thereof to read as
follows:
"J.
Community building/shelter.
Developments
within the PUD (MH) district shall provide for a common
structure which is easily accessible to all residents and
which meets the following provisions:
1. Storm shelters must be constructed to withstand
a 120 mile per hour wind load utilizing Chapter
12 of the Standard Building Code for
engineering standards.
2. Storm shelters must be provided to 20 percent
of the proposed total number of residents of
the mobile home subdivision. The total
proposed number of the residents shall be
determined utilizing two residents per single
family lot.
3. Storm shelters must be designed to provide a
minimum of 20 square feet of net floor area per
resident. Floor areas shall not include
~ 30 -
I.
.~!.. I ",
bathrooms, corridors, or other areas that
cannot be used for temporarily lodging of a
resident in case of an emergency. Storm
shelters may be utilized as community
buildings, but should be designed with minimal
glass exposure."
Section 43.
That the existing Section 20A-17.2 of the Land
Development Code of the City of Sebastian, Florida, is hereby
amended by deleting Subsection W (S20A-17.2.W) in its entirety and
adding the following new provisions in lieu thereof to read as
follows:
"W.
Mobile home subdivisions.
Mobile home
developments shall comply with all of the requirements
of the Land Development Code and the Code of Ordinances
of the City of Sebastian. Mobile home developments shall
be classified as either rental trailer parks for use as
temporary and/or transient residence purposes with single
entity ownership or as permanent residence areas with
individual ownership of contiguous lots in a condominium
or cooperative association.
The "association" shall
function with unified control as a single-ownership
enti ty. Mobile home developments are intended to provide
planned space for occupancy of prefabricated, detached,
transportable, single-family dwelling units containing
all
utili ty and
sanitary conveniences,
including
electrical and plumbing connections, which may be
attached to approved permanent utility systems. To
- 31 -
-~l
"
retain mobility, the undercarriage shall remain attached
to the mobile home unit.
A subdivision shall provide for a common structure
which is easily accessible to all residents and which
meets the following provisions:
1. Storm shelters must be constructed to withstand
a 120 mile per hour wind load utilizing Chapter
12 of the Standard Building Code for
engineering standards.
2. Storm shelters must be provided to 20 percent
of the proposed total number of residents of
the mobile home subdivision. The proposed
total number of the residents shall be
determined utilizing two residents per single
family lot.
3. Storm shelters must be designed to provide a
minimum of 20 square feet of net floor area per
resident. Floor areas shall not include
bathrooms, corridors, or other areas that
cannot be used for temporarily lodging of a
resident in case of an emergency. Storm
shel ters may be utilized as community
buildings, but should be designed with minimal
glass exposure."
Section 44.
That the existing Section 20A-4.8 of the Land
Development Code of the City of Sebastian, Florida, is hereby
amended by deleting Paragraph 9 of Subsection D (S20A-4.8.D.9) in
its entirety and adding the following new provisions in lieu
thereof to read as follows:
"9. Maximum building coverage: 40 percent."
- 32 -
Section 45. That the existing Section 20A-3.7 of ~he Land
Development Code of the City of Sebastian, Florida, is hereby
amended by deleting Paragraph 7 of Subsection F (20A-3.7.F.7) in
its entirety and adding the following new provisions in lieu
thereof to read as follows:
"7. Maximum building coverage: 40 percent...
Section 46. That the existing Section 20A-5.1 of the Land
Development Code of the city of Sebastian, Florida, is hereby
amended by deleting the existing Section (20A-5.1) in its
entirety and adding the following new provisions in lieu thereof
to read as follows:
"Sec. 20A-S.1 Height exceptions.
Chimneys7-~~ee~~e~7-~i~e~7-wi"ami~~~7-wa~e~-~a"ks7
and radio and television antennas may exceed height
limitations upon the prior approval of the Building
Official and the City Engineer based on the compliance
with all other applicable technical codes. He
s~~He~H~es-e~-aeviee~7-e~fte~-~fta"-~e~iae"~ia~-~aaie-a"a
~e~evisie"--~ft~ftft~~-~-~,-~~--e~eeed--~fte
ftei~-+i:m-~i:-ons-4M'\"~-~l'l're-ved-r,y Steenles. silos.
windmills. water tanks and cunolas may exceed heiqht
limitations unon the nrior approval of by the Planning
and Zoning Commission. In no event, however, shall any
permitted heights be in conflict with the height
regulations established by flight angles of state-
approved airports in the City. All permitted heights
shall comply with all
- 33 -
f
requirements of the Federal Aviation Authority and the
Federal Communications Commission. II
Section 47. That the existing Section 20A-5.2 of the Land
Development Code of the City of Sebastian, Florida, is hereby
amended by deleting Subsection A (S20A-5.2.A) in its entirety and
adding the following new provisions in lieu thereof to read as
follows:
"A. Projections and obstructions. Every part of
a required yard shall be shall be open from its lowest
point to the sky unobstructed, except for ordinary
projection of sill, belt courses, cornices, buttresses,
ornamental features and eaves; provided, however, that
none of the forenamed projections shall project into a
minimum front yard more than eighteen (18) inches nor
into the minimum side yard more than twenty-four (24)
inches. Residential overhangs may extend forty-eight
(48) inches into required yard space. Commercial roof
overhangs may exceed twenty-four (24) inches into
required yard space having a required setback of less
than ten (10) feet and my extend forty-eight (48) inches
into a required yard space of more than ten (10) feet.
Horticultural growth poles, play equipment, wires,
lights, mailboxes, ornamental entry columns and gates not
exceeding six (6) feet in height, flag poles, and outdoor
furniture are not considered as encroachments.
- 34 -
Chimneys, flues, and bay windows may not project
more than 2 1/2 feet into a required yard."
Section 48. That the existing Section 20A-5.2 of the Land
Development Code of the City of Sebastian, Florida, is hereby
amended by deleting Subsection C (20A-5. 2) in its entirety and
adding the following new provisions in lieu thereof to read as
follows:
"C. Reserved."
Section 49. That the existing Section 20A-5.5 of the Land
Development Code of the City of Sebastian, Florida, is hereby
amended by deleting Subsection D (S20A-5.5.D) in its entirety and
adding the following new provisions in lieu thereof to read as
follows:
"D. Rear yards. Detached structures, such as
utility sheds, and other structures accessory to single-
family homes within a single-family zoning district may
encroach into a required rear yard, provided that any
such structure maintain a minimum distance of ten (10)
feet from the rear property line and not be located
within a dedicated easement. No such structure shall
exceed 400 square feet in lot coverage and shall not
exceed twelve (12) feet in height."
- 35 -
~
Section SO.
That the existing Section 20A-S.7 of the Land
Development Code of the City of Sebastian, Florida, is hereby
amended by deleting Subsection B (S20A-S.7.B) in its entirety and
adding the following new provisions in lieu thereof to read as
follows:
"B. Location.
1. General Rule for Location. No accessary building
or structure shall be located in any required yard
(setback). Furthermore, all detached residential
accessory buildings and structures shall not extend
beyond the front building line of the principal
structure that is located on the same real estate
parcel or lot.
2. Corner Lots. Notwi thstanding the prov1.s1.ons of
paragraph 1, accessory buildings may be located to
the front of the front setback line along the
boundary of the secondary front yard of an improved
corner lot, provided that said secondary front yard
does not abut an interior lot."
Section Sl.
That the existing Section 20A-S.9 of the Land
Development Code of the City of Sebastian, Florida, is hereby
amended by deleting Paragraph 2 of Subsection C (S20A-5.9.C.2) in
its entirety and adding the following new provisions in lieu
thereof to read as follows:
"2. Corner Lots. Notwithstanding the provisions of
Paragraph 1, fences and walls at least four (4)
feet, but not exceeding six (6) feet, in height,
may be located to the front setback line along the
boundary of the secondary front yard of an improved
corner lot. Only those fences and walls placed
along the boundary of the primary front yard of an
improved corner lot must be located behind the front
of the main (primary) structure.
- 36 -
~-1r-u I
'1..0 t,~"'"
(a) Secondary front yard. For purposes of this
paragraph, the term "secondary front yard"
shall mean the yard of an improved corner lot
located between the street and the side of the
main structure facing the street where the
primary entrance to the main structure is not
located.
(b) Primary front yard. For purposes of this
paragraph, the term "primary front yard" shall
mean the yard of an improved corner lot located
between the street and the side of the main
structure facing the street where the primary
entrance to the main structure is located.
Section 52.
That the existing Section 20A-5.9 of the Land
Development Code of the City of Sebastian, Florida, is hereby
amended by deleting the existing Subsection F in its entirety,
redesignating existing Subsections D and E (S20A-5.9.D and S20A-
5.9.E) as new Subsections E and F, and adding the following new
provisions to read as follows:
"D. Commercial and Industrial Limitations and
Restrictions.
1. All commercial and industrial zoned
properties that are being utilized
for residential purposes shall
comply with the requirement set
forth in Section 20A-5.9.C.
2. General Rule. Fences and walls not
exceeding eight feet in height may
be permitted with the approval of
the Planning and Zoning Commission
Chairperson and the Building
Official. All fences and walls
exceeding eight feet in height must
be approved by the Planning and
Zoning Commission.
- 37 -
G. Required screens for garbage,
refuse dumpsters. Notwithstanding anything to the
contrary contained in this section, all garbage,
refuse dumpsters, regardless of the siting on the
property, shall be screened on at least four (4)
sides by masonry wall, fencing, or other materials
permitted hereunder, at least six (6) feet in
height, and rendering the view of said dumpster
invisible from adjacent properties and public
rights-of-way. All proposed refuse, dumpster
screens must be approved by the Building Official
through the issuance of a fence permit in accordance
with the application procedures set forth in
subsection A(S20-A-5.9.A)."
Section 53. That the existing Section 20A-5.12 of the Land
Development Code of the City of Sebastian, Florida, is hereby
amended by deleting Subsection B (S20A-5.12.B) in its entirety and
adding the following new provisions in lieu thereof to read as
follows:
liB. Corner Lots. Visibility triangles, within
which nothing shall be erected, placed, parked, planted
or allowed to grow in such a manner as to impede vision
between a height of two (2) feet and eight (8) feet above
the center lines of intersecting traffic ways, shall be
provided as follows:
- 38 -
1 . Vision clearance at street, alley, and
driveway intersections. Visibility
triangles shall be required at all
traffic intersections. No hedge or
structure within the visibility triangles
shall exceed a height of two (2) feet
above the elevation of the highest
abutting street measured at the center
line.
2. Dimensions of visibility triangles. The
size of the visibility triangles shall be
thirty (30) feet at street to street
intersections and fifteen (15) feet at
all other intersections. These distances
shall be measured along the well-defined
edge of travelways from their point of
intersection. If no well-defined edge of
pavement exists, a probable edge of
pavement shall be established from the
centerline of the travelways using twelve
( 12 ) foot travel lane (s) for dedicated
streets, eight (8) foot travel lane (s)
for dedicated alleys and utility
easements and five (5) foot travel
lane(s) for single drive ways."
Section 54.
That the existing Section 20A-6.l.C.19.b of
the Land Development Code of the City of Sebastian, Florida, is
hereby amended by deleting the existing Subparagraph (10) in its
entirety and adding the following new provisions in lieu thereof
to read as follows:
"(10) Where a violation of these restrictions on
the use of model homes is determined to exist by the Code
Enforcement Board pursuant to the procedures set forth
in Division 2 of Article VI of Chapter 2 of the Code of
Ordinances, the certificate authorizing such model home
use shall be revoked and no such certificate shall be
- 39 -
l(
reissued for a period of one year following the date of
the entry of the order of the Code Enforcement Board
finding the existence of such violation."
Section 55.
That the existing Section 20A-8.2 of the Land
Development Code of the City of Sebastian, Florida, is hereby
amended by deleting the existing Subsection 19 (S20A-8.2.19) in its
entirety and adding the following new provisions in lieu thereof
to read as follows:
"19. Marinas. One space for each three hundred (300)
square feet of principal building, two (2) parking
spaces for each houseboat, plus one space for every
three (3) storage or slip places. Charter and party
boats shall have one parking space for every three
(3) occupants based on the maximum capacity of each
such boat in accordance with the Coast Guard License
issued to each such boat. Rental facilities for
vessels, kayaks, canoes, rowboats, paddle boats,
sailboat and sailboards of any kind, (hereinafter
collectively referred to as "water transports")
shall maintain one space for every water transport
and one space for every two employees."
Section 5 6 .
That the existing Section 20A-8.5 of the Land
Development Code of the City of Sebastian, Florida, is hereby
amended by deleting the existing Paragraph 5 of Subsection A,
(S20A-8.5.A.5) in its entirety and adding the following new
provisions in lieu thereof to read as follows:
"5. All publicly maintained and operated parking
facilities intended for public use, and all
businesses, firms or other persons licensed to do
business with the public, shall provide non-porous
- 40 -
.
parking spaces for the handicapped as set forth
below:
Total Spaces Required
Required Number of
Handicap Spaces
1 - 25
26 - 50
51 - 75
76 - 100
101 - 150
151 - 200
201 - 300
301 - 400
1
2
3
4
5
6
7
8
Refer to the Standard Building Code for exceptions.
Such parking spaces shall be designed and located as
follows:
(a) All spaces shall access to a curbramp or curbcut,
when necessary to allow access to the building
served, and shall be located so that users will not
be compelled to wheel behind parked vehicles.
(b) Diagonal or perpendicular parking spaces shall be
a minimum of twelve (12) feet wide.
(c) Parallel parking spaces shall be located either at
the beginning or end of a block or adjacent to alley
entrances. Curbs adjacent to such spaces shall be
of a height which will not interfere with the
opening and closing of motor vehicle doors.
(d) Each such parking shall be prominently outlined with
blue paint and posted with a permanent sign of a
color and design approved by the Florida Department
of Transportation, bearing the internationally
accepted wheelchair symbol and the caption "PARKING
BY DISABLED PERMIT ONLY.""
Section 57.
That the existing Section 20A-8.5 of the Land
Development Code of the City of Sebastian, Florida, is hereby
amended by deleting the existing Subsection B (S20A-8.5.B) in its
- 41 -
"
A
entirety and adding the following new provisions in lieu thereof
to read as follows:
"B. Entries, exits, drives and vehicle maneuvering
areas. All uses which are required to provide three (3)
or more off-street parking spaces shall have entry and
exit ways and drives at least twenty-two (22) feet in
width to accommodate two-way traffic, unless a one-way
traffic system is utilized, in which case entry and exit
ways and drives shall be at least twelve (12) feet in
width. In the event that a one-way traffic system is
utilized, appropriate traffic direction markers shall be
installed.
The internal circulation system, including
drives and maneuvering areas, shall be designed to permit
convenient maneuvering of cars and service vehicles into
and out of each parking and loading space, and shall be
arranged so that no vehicle need back onto a public
right-of-way. No occupied parking or loading space shall
interfere with access to any other parking or loading
space, or with any pedestrian walkway."
Section 58.
That the existing Section 20A-10.3 of the Land
Development Code of the City of Sebastian, Florida, is hereby
amended by deleting the existing Subsection 14 (S20A-10.3.14) in
its entirety and adding the following new provisions in lieu
thereof to read as follows:
- 42 -
'. '
"14. The applicant for site plan review may, at the
applicant's option, submit a preliminary site plan
sketch indicating a general idea of how the
applicant proposes to develop the parcel. Upon
tentative approval of a sketch, the applicant shall
then proceed to have a detailed site plan prepared
in accordance with the requirements of this section.
In no event, however, shall the tentative approval
of a sketch by the Planning and Zoning Commission
be deemed to provide the applicant with vested
rights in the preliminary site plan sketch or with
respect to any land use suggested therein."
Section 59.
That the existing Section 20A-5.6 of the Land
Development Code of the City of Sebastian, Florida, is hereby
amended by deleting the existing Section 20A-5.6 in its entirety
and adding the following new provisions in lieu thereof to read as
follows:
"Sec. 20A-S.6 Wastewater facilities.
A. Wastewater facilities. Whenever a lot is not
served by an approved sanitary sewer, there must be
provided such open space as required by the Florida
Department of Health and Rehabilitative Services ("HRS"),
or its designee, for the septic tank and drainage field
to serve the uses erected on such lot.
Such sanitary
installations may be located in a front or side yard, but
not closer than five (5) feet to any lot line and not
within any easements.
No septic tank shall be located
within seventy-five (75) feet of mean high water (MHW)
along the Indian River or the Sebastian River. All
package plants must conform to the applicable standards
- 43 -
of the Florida Department of Environmental Regulations
(DER) relative to their location to the mean high water
line.
B. Private wells. Whenever a lot is not served
by an approved central water system, a private well may
be provided as required by HRS or its designee; provided
that all wells (irrigation and potable water) shall be
located within either the portion of the side yard that
is not forward of the front building line or within the
rear yard."
Section 60.
That the existing Section 20A-6.1.C.3.b of the
Land Development Code of the City of Sebastian, Florida, is hereby
amended by deleting the existing Clause (1) thereof (S20A-6.1.C.
3.b(1)) in its entirety and adding the following new provisions in
lieu thereof to read as follows:
"(1) The site shall be located on a paved public road
with sufficient width to accommodate pedestrian and
vehicular traffic generated by the use. A facility
located within the RS-10 district shall be located
on a major collector street or larger as designated
on the City's adopted thoroughfare map. A facility
located in any other zoning district shall be
located near a major collector street so as to
discourage traffic along residential streets in the
immediate area."
Section 61.
That the existing Section 20A-8.5 of the Land
Development Code of the City of Sebastian, Florida, is hereby
- 44 -
amended by deleting the existing Subsection D (S20A-8.5.D) in its
entirety and adding the following new provisions in lieu thereof
to read as follows:
"D. Off-street loading requirements.
Off-street
loading spaces
shall be provided and
maintained in accordance with the following schedule:
1. For buildings or structures containing retail,
food store, restaurant, laundry, dry cleaning
or similar retail or service uses which have
an aggregate gross floor area of:
Over 5,000 square feet, but not over
25,000 square feet - one (1) space;
Over 25,000 square feet, but not
over 60,000 square feet - two ( 2 )
spaces;
Over 60,000 square feet, but not
over 120,000 square feet - three ( 3 )
spaces;
Over 120,000 square feet, but not
over 200,000 square feet - four ( 4 )
spaces;
Over 200,000 square feet, but not
over 290,000 square feet - five ( 5 )
spaces; and
Over 290,000 square feet - five (5)
spaces, plus one (1) space for every
additional 100,000 square feet or
fraction thereof in excess of
290,000 square feet.
2. For each auditorium, exhibition hall, museum,
hotel, or motel, office building, or similar
use, which has an aggregate gross floor are of
over ten thousand (10,000) square feet, but not
over forty thousand (40,000) square feet, one
(1) space; plus one (1) space for each
additional sixty thousand (60,000) square feet
- 45 -
over forty thousand (40,000) square feet or
fraction thereof.
3. For any light manufacturing, warehouse,
research and development, assembly or similar
industrial uses which has aggregate gross floor
area of:
Up to 15,000 square feet - one (1)
space;
Over 15,000 square feet but not over
40,000 square feet - two (2) spaces;
Over 40,000 square feet but not over
65,000 square feet three (3)
spaces;
Each additional 80,000 square feet
over 65,000 square feet - one (1)
additional space.
4. For any use not specifically mentioned in this
section, the requirements for off-street
loading for a use which is mentioned and to
which the unmentioned use is similar shall
apply. Where there is any question as to the
off-street loading needs of any other use, said
number shall be determined and set by the
Community Development Director.
Off-street loading facilities to meet the needs
of one use shall not be considered as meeting
the off-street loading needs of any other use.
No area supplied to meet the
street parking areas for a
utilized for or be deemed
requirements of this section
loading facilities.
Nothing in this section shall prevent the
collective, joint or combined provision of off-
street loading facilities for two (2) or more
buildings or uses; provided, that such off-
street loading facilities are equal in size and
capacity to the combined requirements of the
several buildings or uses and are so located
and arranged as to be usable thereby. Plans
for buildings or uses required off-street
loading facilities under the provisions of this
required off-
use shall be
to meet the
for off-street
- 46 -
section shall clearly indicate the location,
dimensions, clearance and access of all such
required off-street loading facilities.
Each space shall have a direct access to a
public right-of-way and shall have the
following minimum dimensions:
(a) Length: Twenty-five (25) feet; a
larger length upward to thirty-five
(35) feet may be required upon
recommendation by the City Engineer
and approval of the Planning and
Zoning Commission.
(b) Width: Twelve (12) feet.
(c) Height: Fourteen (14) feet."
Section 62.
That the existing Section 20A-10.1 of the Land
Development Code of the City of Sebastian, Florida, is hereby
amended by deleting the existing Section 20A-10.1 in its entirety,
and adding the following new provisions in lieu thereof to read as
follows:
"A. General site plan review procedure.
In all
cases requiring site plan review, no structure or parking
area, or part thereof, shall be erected or used, or land
or water used, or any change of use consummated, nor
shall any building permit be issued therefor, unless a
site plan for such structure or use shall have been
reviewed and approved by the Planning and Zoning
Commission:
1. Filing. Before such site plan shall be approved,
an application for such approval shall be filed with
the City Clerk then directed to the City engineer
or other designated officials for their
recommendation. "City engineer" is defined as that
- 47 -
City employee, or outside person or firm contracted
by the City, responsible to perform the duties
specified herein as the City engineer.
2. Application, fee and disclosure of ownership. Such
application shall be in a form substantially in
accordance with the form prescribed by the City
Clerk, copies of which may be obtained from the City
Clerk's office. A written power of attorney
authorizing a person other than the owner (s) to sign
such application must be attached to said
application.
All applications shall include a verified statement
showing each and every individual person having a
legal and/or equitable ownership interest in the
property upon which the application for site plan
approval is sought, except publicly held
corporations, in which case the name and address of
the corporation and principal executive officers
shall be sufficient.
The fee schedule for site plan review shall be as
determined by resolution of the City council.
3. Review by City staff. The application shall be
forwarded to the City engineer and such other staff
as may be pertinent. City staff shall proceed to
make appropriate studies and/or reviews required to
make an appropriate evaluation. The application,
with evaluative comment, shall then be forwarded to
the City Planning and Zoning Commission for their
consideration and appropriate action. The site plan
review process shall be carried out in accordance
with procedures established by the City engineer and
Planning and Zoning Commission, so as to prevent
inconvenience and delay to the project.
4. Approval subject to conditions. The Planning and
zoning Commission may attach to its approval of a
site and plan any reasonable conditions, limitations
or requirements which are found necessary, in its
judgment, to effectuate the purpose of this section
and carry out the spirit and purpose of the zoning
ordinance.
B. Review of minor site plans:
1. Applicability. For the purposes of this section,
minor site plans shall include the following:
- 48 -
a. Residential projects comprised of a single
building, having three (3) or four (4)
dwelling units; or
b. projects containing less than five
thousand (5,000) square feet of impervious
surface area.
2. Submission requirements for minor site plans. Minor
site plans shall only include that information
required in Section 20A-10.3, which is determined
to be applicable to the proposed minor site plan by
the building official and City engineer. All minor
site plans shall be exempt from the surface water
management requirements of subsection 20A-10.2.H,
but must be able to retain the first one inch of
rainfall on-site, as required by Chapter 17-25 of
the Florida Administrative Code.
3. Minor site plan review procedures. All minor site
plan applications shall be reviewed and approved by
the Planning and Zoning Commission. Appeals of such
decisions shall be conducted pursuant to Section
20A-10.4.
C.
Minor modifications of site plans.
Minor
modifications to approved site plans shall include the
following:
1. Addition of awnings, canopies or other ornamental
structures; redesign and different location of
pools, parking spaces, drives and driveways; or
modifications in stairs or elevations of decks,
porches, terraces and fencing;
2. Addition of parking spaces not to exceed twenty-
five (25) percent, including fractions thereof, of
the total number of existing parking spaces or five
(5) spaces, whichever is the greater amount;
3. Attached or detached additions to buildings which
do not increase the floor area in excess of five
hundred (500) square feet;
4. Installation of utility system improvements
including buildings not exceeding two hundred (200)
feet square feet.
- 49 -
Such changes to approved site plans shall be
reviewed by the building official and City engineer.
If the building official and City engineer have no
objection to the request based on its compliance
with this code, such minor modifications may be
approved by the chairperson of the Planning and
Zoning Commission or a member designated by the
chairperson. If approved as a minor change, the
site plan shall not be required to be returned to
the Planning and Zoning Commission for resubmission.
The chairperson shall report each change so approved
to the Planning and Zoning Commission for the record
at the next scheduled meeting.
D. Conformance with zoning regulations required.
Any such building, structure or use shall be erected,
altered, installed and maintained in full conformity with
the provisions of the zoning ordinance and the approved
site plan.
E.
General requirements.
Site plan approval as
provided for herein shall be required for each of the
following:
1. Any new construction and additions to buildings, parking
areas, or drainage facilities, except for single-family
homes and duplexes. In addition, single-family homes and
duplexes located on the east side of Indian River Drive
must file a site plan pursuant to the procedures of this
Article, as required by Section 20A-3.11.
2. Any change of use within an existing facility which
results with an increase of intensification of parking.
3. The filling or excavation of lands located on the east
side of Indian River Drive.
4. All conditional uses."
- 50 -
Section 63. That the existing Section 20A-3. 8 of the Land
Development Code of the City of Sebastian, Florida, is hereby
amended by deleting the existing Subsection C (S20A-3.8.C) in its
entirety, and adding the following new provisions in lieu thereof
to read as follows:
"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 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: Home occupations, model homes,
child care services, child care facilities, educational
institutions, nursing homes (including rest homes or
convalescent homes), public and private utilities, public
parks and recreation areas, public protective and
emergency services, hotels and motels with kitchen
facilities in units, limited commercial activities and
restaurants (excluding drive-ins and fast food services) ,
transient quarters with kitchen facilities on each and
all units for seasonal residents, veterinary medical
services and accessory uses."
- 51 -
Section 64. That the existing Section 20A-3. 9 of the Land
Development Code of the City of Sebastian, Florida, is hereby
amended by deleting the existing Subsection C (S20A-3.9.C) in its
entirety, and adding the following new provisions in lieu thereof
to read as follows:
"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 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: Funeral homes, gasoline sales,
nursing homes (including rest homes or convalescent
homes), public and private utilities, public parks and
recreation areas, child care facilities, public
protective and emergency services, hotels and motels,
restaurants (excluding drive-ins), transient quarters,
veterinary services and accessory uses."
Section 65. That the existing Section 20A-3.16 of the Land
Development Code of the City of Sebastian, Florida, is hereby
amended by deleting the existing Subsection C (S20A-3.16.C) in its
~ 52 -
entirety, and adding the following new provisions in lieu thereof
to read as follows:
"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 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, child
care facilities, golf course and support facilities,
places of worship, public parks and publicly owned
recreation areas equipped with stadium type lighting,
public protective and emergency services, hospitals and
extensive care facilities, public and private utilities,
civic and cultural activities, public and private not-
for-profit clubs, and accessory activities."
Section 66. That the existing Section 20A-3.10 of the Land
Development Code of the City of Sebastian, Florida, is hereby
amended by deleting the existing Subsection C (S20A~3.10.C) in its
entirety, and adding the following new provisions in lieu thereof
to read as follows:
- 53 -
"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 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: Adult entertainment
establishments, bars and lounges, child care facilities,
drive-through facilities, farmer's market, funeral homes,
hotels and motels, indoor theaters and other enclosed
commercial amusements, merchandising of secondhand goods
(including flea market), nursing homes (including rest
homes or convalescent homes), public and private
utilities, public parks and recreation areas, public
protective and emergency services, restaurants (drive-
in), vehicular service and maintenance, veterinary
medical services, whole-sale trades and services, and
accessory uses."
Section 67. That the existing Section 20A-11.3.C.3 of the
Land Development Code of the City of Sebastian, Florida, is hereby
amended by deleting the existing Subparagraphs a. and d. (S20A-
- 54 -
. \
11.3.C.3.a and S20A-l1.3.C.3.d) in their entirety, and adding the
following new provisions in lieu thereof to read as follows:
"a. Officers. The Planning and Zoning Commission
shall elect a chairperson and a vice-chair
person from among its members at the first
regular meeting of the Planning and Zoning
Commission held at the beginning of each
calendar year. Each such officer shall serve
a term of one year or until his or her
successor is appointed. The Planning and Zoning
Commission shall follow the criteria set forth
in Section 20A-ll.3.A.3. The City Clerk shall
appoint a City employee to serve as secretary
to the Planning and Zoning Commission and take
minutes of the meetings of the Planning and
Zoning Commission."
"d. Procedures for local planning agency. Rules
of the Planning and Zoning Commission shall
apply to the Planning and Zoning Commission
acting under the powers extended to the local
planning agency in Chapter 163 of Florida
Statutes. Members of the local planning agency
shall continue to be appointed and follow such
rules of procedure, methods of choosing
officers, setting of public meetings, providing
financial support and accomplishing its duties
in ordinances and resolutions adopted by the
City Council. All meetings of the local
planning agency shall be public meetings and
all agency records shall be public records.
The local planning agency shall encourage
public participation. A written agenda shall
be prepared prior to each meeting with an
agenda submission deadline as established by
the Planning and Zoning Commission. The
Planning and Zoning Commission, by the
unanimous consent of all of the Planning and
Zoning Commission members present at a meeting,
may add or modify the written agenda by adding
additional items thereto, but the Planning and
Zoning Commission members shall not take action
on any items added to the written agenda at
such meeting when prohibited by law."
- 55 -
Section 68. That the existing Section 20A-l1.8 of the Land
Development Code of the City of Sebastian, Florida, is hereby
amended by deleting the existing Subsection D (S20A-11.8.D) in its
entirety, and adding the following new provision in lieu thereof
to read as follows:
"D. Action following reviews by City Planning and
Zoning Commission. After review of the proposed
comprehensive plan amendment, and the revision relating
to thereto, the City Clerk shall place the proposed
amendment, with comments from the Planning and Zoning
Commission, on the next available meeting agenda for City
Council review and possible direction from City Council
to the City Attorney for preparation of an ordinance.
The applicant shall be advised of the time and place of
the City Council meeting.
After an ordinance has been prepared by the City
Attorney, the City Clerk shall schedule the first reading
of the ordinance regarding the proposed comprehensive
plan amendment on the next regularly scheduled council
meeting. The first reading shall be a public hearing,
at which time the City Council will consider approval of
the ordinance and whether to submit the proposed
amendment to the Department of Community Affairs, State
of Florida ("DCA") for review and comments. Notice of
the first public hearing shall be as required by general
or special law.
~ 56 -
The City Council shall consider, for purposes of
transmittal, each amendment to the comprehensive plan,
to the Department of Community Affairs. An affirmative
vote of three (3) members of the City Council is required
for favorable action on a proposed comprehensive plan
amendment. This deliberation of the City Council shall
consider the criteria set forth in Section 20A-l1.8.C,
together with the findings and recommendations of the
Planning and Zoning Commission. The application for the
proposed amendment shall be deemed denied if the City
Council denies transmittal to DCA. Likewise, if the City
Council denies transmittal of a proposed comprehensive
plan amendment, which includes concurrent rezoning
requests, said rezoning request shall be deemed denied
as well. At the conclusion of the transmittal public
hearings, the City Council will announce its intention
to hold a second public hearing on all proposed
comprehensive plan amendments that have been approved for
submittal to DCA. All proposed comprehensive plan
amendments that have been approved for submittal to DCA
must be accompanied by ten (10) copies of each proposed
amendment at the time of transmittal. The transmittal
letter shall contain a brief description of the action
taken by the City through the date of the transmittal
letter, and the contact person for the City regarding any
inquiries concerning the proposed comprehensive plan
- 57 -
amendment. Proposed comprehensive plan amendments shall
be submitted only twice per calendar year that is January
31 and July 31. If the City Council does not approve the
proposed comprehensive plan amendments for transmittal
until after the January 31 or July 31 dates, they will
be submitted in the next transmittal period. If there
are no proposed comprehensive plan amendments to be
transmitted at the end of January 31 or July 31, said
deadline date shall be extended until the end of each
succeeding month until at least one comprehensive plan
amendment is ready for transmittal, but may not be
extended for more than five (5) months.
After return of the comments from DCA, the City
shall, within sixty (60) days of receipt of said
comments, schedule the proposed comprehensive plan
amendment for the second public hearing by the City
Council. The second hearing shall be a public hearing
requiring notice provided by general or special law. An
affirmative vote of three (3) members of the City Council
is required for favorable action on the second reading
of the proposed comprehensive plan amendment ordinance.
The City Clerk shall notify the applicant by letter
within five (5) days after the City Council decision
advising each applicant of the action taken by City
Council on the applicant's proposed comprehensive plan
amendment.
- 58 -
i
The City Clerk shall prepare a transmittal letter
to the DCA regarding all amendments approved by the City
Council. The letter shall be accompanied by five copies
of the agenda for each approved amendment and five (5)
copies of the recorded ordinance amending the
comprehensive plan. The letter shall also contain a
review of all action taken by the City prior to final
transmittal, together with the contact person for the
City who will be able to answer any inquiries regarding
the proposed amendment."
Section 69. That the existing Section 20A-12.2 of the Land
Development Code of the City of Sebastian, Florida, is hereby
amended by deleting the existing term "Commercial amusement,
unenclosed" in its entirety, and adding the following new provision
in lieu thereof to read as follows:
"Commercial amusement unenclosed. A commercial amusement
which is conducted in an outdoor area or in an unenclosed
structure. This definition includes, but is not limited
to, the following: drive-in theaters, golf driving
ranges, animal or vehicular race tracks, amusement parks
and stadiums."
Section 70. That the existing Section 20A-6.1.C.3.b(6) of
the Land Development Code of the City of Sebastian, Florida, is
- 59 -
hereby amended by adding new Subclause (e) (S20A-6.1.C.3.b(6)(e))
thereto to read as follows:
"(e) No usable outdoor recreational area shall be utilized
within any dedicated easement."
Section 71.
That the existing Section 20A-6.1.C.14 of the
Land Development Code of the City of Sebastian, Florida, is hereby
amended by deleting the existing Subparagraphs a and b (S20A-
6.1.C.14.a, and S20A-6.1.C.14.b) in its entirety, and adding the
following new provisions in lieu thereof to read as follows:
"a. Applicable zoning districts. Home occupations
shall be a conditional use allowable in the following
zoning districts: RE-40, RS-20. RS-15. RS-10, R-MH, RM-
8, RM-12, COR, MCR and GMC.
Existing nonconforming
residences within all zoning districts may obtain a home
occupation permit if the proposed home occupation does
not
violate
Article
IX
(nonconformities
and
noncompliances) of the Land Development Code.
b.
Conditional use criteria.
Home occupations
shall be allowed provided that the following conditions
are continuously met commencing with the date the
application for approval of same is approved:
(1) All activities pertaining to the home
occupation that are to be performed at the dwelling
(the "Premises") shall be carried on entirely within
- 60 -
the dwelling located on the Premises and only by
members of the family permanently residing therein.
No person, other than the members of the family
permanently residing in the dwelling on the
Premises, shall engage in any activities in
furtherance of the home occupation at the Premises.
No persons shall be employed by the owner of the
business seeking approval of the home occupation
except individuals who are members of the family
permanently residing in the dwelling located on the
Premises where the home occupation is to be situate.
No more than one (1) commercial vehicle shall be
kept or parked at the Premises in connection with
such home occupation, and any such vehicle shall not
have a carrying weight in excess of three-quarters
(3/4) of a ton nor exceed twenty (20) feet in
length. N&-~~-s-:i~-or-~i-ft.1--s-~-!t1'tarr.-},e
arr*xea-~,-e~-~}&~~-~~-~1'te-~~--veh*eie~
All types of trailers are prohibited. Materials or
equipment associated with the home occupation may be
temporarily stored within an enclosed compartment of
the commercial vehicle.
(2) The use of the Pre.mises, including the
dwelling, for the home occupation shall be clearly
incidental and subordinate to its use for residential
- 61 -
purposes. The use of the Premises for the home
occupation shall not change the residential use thereof.
(3) There shall be no change in the outside
appearance of any structure located on the Premises.
There shall be no evidence of the conduct of the
home occupation visible from the exterior of the
dwelling or other structures located on the
Premises. Furthermore, there shall be no display
that will indicate, from the exterior of the
dwelling or any other structure, that the Premises
are being utilized for any purpose other than as a
residence. Provided, however, that this provision
shall not preclude the utilization of any sign or
signs required to be placed on the Premises under
a provision of Florida Statutes then in effect, but
any such sign shall be non-illuminated and shall be
mounted flat against the door or wall of the
principal dwelling at a position not more than two
(2) feet from the main entrance of the dwelling.
(4) No activities pertaining to the home occupation
shall be conducted in any accessory building or garage
or anywhere outside of the principal dwelling. Such
prohibited activity shall include, but are not limited
to, the storage of any materials, inventory, equipment
or supplies.
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(5) No home occupation shall occupy more than
twenty percent (20%) of the first floor area of the
dwelling constituting the principal residence exclusive
of the area of any open porch or attached garage or any
other space not suited or intended for occupancy as
living quarters. All storage of materials, supplies and
and inventory at the Premises related to the home
occupation shall be located within the area of such
twenty percent (20%), and such storage shall not comprise
an area exceeding one hundred (100) square feet. No
vehicles or equipment shall be stored at the Premises
other than with respect to the one (1) commercial vehicle
described in Clause (1), above. Therefore, all such
equipment and vehicles shall be stored on real property
zoned for such storage if stored within the City limits
of the City of Sebastian.
(6) No commodity or product of any home occupation
shall be delivered from the Premises to any person or
carrier. Any commodity or product shall be removed from
the Premises only by a member of the family permanently
residing in the'dwelling on the Premises. Only one (1)
delivery of materials or supplies shall be delivered to
the Premises by carrier during a week.
(7) No traffic shall be generated by any occupation
in a greater volume than would normally be expected to
a residence in the immediate neighborhood.
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(8) No mechanical equipment or electrical equipment
shall be employed or stored on the Premises other than
equipment usually found in a residence which is
associated with a hobby or vocation conducted for no
monetary gain or profit. All such equipment must be
located within the twenty percent (20%) area described
in Clause (5), above.
(9) No equipment or process shall be used in
connection with a home occupation which creates noise,
vibration, glare, fumes, odor or electrical interference
detectable by the normal senses from any location other
than on the Premises. No equipment or process shall be
used in connection with the home occupation which causes
visible or audio interference in any radio or television
receiver, telephone, organ or other similar items that
are located other than on the Premises.
(10) Except as specificallY provided elsewhere in this
Section 20A-6.LC.14.b. no home occupation.L other than an
address of convenience, shall be allowed e~~-aft-aaa~eee
~---ee"ve"~e"ee. A home occupation shall be
considered as an "address of convenience" if the
activities thereof consist solely of receiving phone
calls, making phone calls, receiving mail or keeping
business records of the home occupation.
(11) A home occupation is subject to all applicable
city occupational licenses and other business taxes,
except as specifically preempted by state or federal law.
Each applicant for a home occupation shall submit a sworn
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'.
application, on the application form provided by the
City, to the City Clerk along with the application fee
established, from time to time, by the resolution of the
City Council. The applicant shall submit a recent
photograph of the Premises which shows the entire front
yard and all driveways and carports, with the
application.
(12) No home occupation shall be construed to
include personal services, including, but not limited to,
massage, cosmetology, barbering, beauty parlor or shop,
tea room, food processing for sale, kennel, animal
grooming, radio or television repair, furniture building,
repair or refinishing, cabinet making, boat repair or
building, automobile or other vehicle servicing or
repair, rebuilding or repair for others, metal
fabrication or cutting employing welding or cutting
torches, child care facilities accommodating 5 or more
children, a gift shop, a funeral home, a medical or
dental laboratory, showroom or display area, or any
activity similar or reasonably similar to any of the
activities hereinbefore listed.
(13) If any home occupation requires a license or
permit from the State of Florida, the Federal Government,
or any agency, department or bureau thereof, the
applicant for a home occupation permit shall provide the
Director or Community Development or his designee with
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.
a current, valid copy of any such license or permit
before the home occupation shall be conducted. Any
failure of the applicant to maintain any such license or
permit in an active and current status shall cause the
automatic and immediate suspension of the home occupation
permit granted hereunder.
(14) No home occupation shall be approved when the
applicant desiring approval has been determined to be in
violation of a provision of the Code of Ordinances of the
City of Sebastian, including any provision contained in
the Land Development Code, unless the approval of the
conditional use for a home occupation will result in the
applicant becoming in compliance and no longer in
violation of any provision of the Code of Ordinances of
the City of Sebastian, including the Land Development
Code, with respect to the Premises.
(15) Any home occupation permit granted pursuant
to this section may be revoked by the Planning and Zoning
Commission upon the failure of the applicant to
continuously comply with all provisions of this
subsection and all of the provisions of the Land
Development Code applicable to conditional uses,
generally, or to continuously comply with all conditions
of any license or permit issued by the State of Florida
or the Federal Government, including any agency,
department or bureau thereof.
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(16) Any applicant for the home occupation permit
may file an appeal to the City Council to review the
action of the Planning and Zoning Commission in failing
to approve such application or in revoking any home
occupational permit, which appeal shall be in writing and
filed with the City Clerk within ten (10) days from the
date of final action of the City Planning and Zoning
Commission. The City Clerk shall place the matter of
appeal on the City Council agenda as expeditiously as
possible. The City Council shall thereupon set a date
for a public hearing with regard to such appeal. After
giving public notice thereof in such a manner as the City
Council shall prescribe, at which time all interested
parties shall have the right to appear before the City
Council in regard thereto, the City Council shall render
its decision therein. The decision of the City Council
shall be final unless otherwise appealed by the aggrieved
party to the Circuit Court in and for Indian River
County, Florida, within thirty (30) days of the final
decision of the City Council.
(17) Whenever a home occupational permit shall have
been granted, it shall not be considered to run with the
land. In the event the applicant receiving the grant of
a home occupation permit no longer maintains his or her
principal residence at the principal dwelling located on
the Premises, the home occupational permit shall
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. .
. ..
automatically terminate. The applicant shall notify the
Community Development Department, in writing, in the
event the applicant no longer maintains his or her
residence at the principal dwelling located on the
Premises."
Section 72. CONFLICT. All Ordinances or parts of
Ordinances in conflict herewith are hereby repealed.
Section 73. 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 the word
"Ordinance" may be changed to "Section," "Article" or other
appropriate designations.
Section 74. 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
this 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
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. ..
.
II ~
'"
this Ordinance without said invalid and unconstitutional provision,
thereby causing said remainder to remain in full force and effect.
Section 75.
EFFECTIVE DATE.
This Ordinance shall become
effective immediately upon its adoption.
The foregoing Ordinance was moved for adoption by Council
member L)~LJt- The motion was seconded by
Council member ~~ and, upon being put to a
vote, the vote was as follows:
Mayor Lonnie R. Powell
Vice-Mayor Frank Oberbeck
Council member Peter R. Holyk
Council member George G. Reid
Council member Carolyn Corum
~
The Mayor thereupon declared this Ordinance duly passed and
adopted thisr-J<f!i-day of ~ ,1993.
CIT-Y/oi;:-~BASTIAN, FLORIDA
(~
'--~
Lonnie
ATTEST:
'~~)l? fl'HtU~.L"-
-Kathrfn M. O'Halloran, CMC/AAE
City Clerk
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* ., ..
~' l' 'M
~ '"
I HEREBY CERTIFY that notice of PUb~C heqring on this
Ordinance was published in the J.A..>> fJuuj..- A...u2d J~ __ as
required by State Statute, that D public hearings~ held on this
Ordinance at 7:00 p.m. on the /r#~ly&1ays of {fj~ 1 1993,
and that following said public hearing this Ordinan e ~as passed
by the City Council.
~
Approved as
Content:
Charles Ian Nash, City Attorney
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~