HomeMy WebLinkAboutO-93-09ORDINANCE NO. 0-93-09
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE;
AMENDING SECTION 20A-5.16.C OF THE LAND DEVELOPMENT CODE
PERTAINING TO PARKING OR STORING COMMERCIAL UTILITY
TRAILERS AND CARGO TRAILERS AND COMMERCIAL BOATS IN
RESIDENTIAL DISTRiCTS;AMENDING SECTION 20A-6.1.C.14.b OF
THE L~ND DEVELOPMENT CODE PERTAINING TO HOME OCCUPATIONS;
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 ANEFFECTIVE DATE.
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 for the parking
of a commercial utility trailer and a commercial boat at a
residence under certain circumstances; 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, in accordance with
the recommendations of the Planning and Zoning Commission and the
City staff.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows:
Section 1. That the existing Section 20A-5.16.C of the
Land Development Code of the City of Sebastian, Florida, is hereby
amended by deleting Paragraph 2 (§20A-5.16.C.2) in its entirety,
and adding the following new provisions in lieu thereof to read as
follows:
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Except as provided in Paragraph 13 (§20A-
5.16.C.13), the recreational vehicle is not used
for residential, office or commercial purposes."
Section 2. That the existing Section 20A-5.16.C of the
Land Development Code of the city of Sebastian, Florida, is hereby
amended by adding a new paragraph thereto, to be designated as
Paragraph 13, to read as follows:
"13. Commercial trailers and boats.
Notwithstanding any prohibition inferred in
any previous paragraphs contained in this
subsection C of Section 20A-5.16, trailers and
boats utilized for commercial purposes may be
kept on real property located in a
residentially zoned district owned by the
person who also owns the trailer or boat if
the following provisions are complied with:
(a) One (1), but not more than one (1), commercial
utility or cargo trailer, that does not exceed
fourteen feet (14') in length and eight feet
(8') in height, may be parked on any improved
lot located in any residential district if it
is parked in accordance with the other
provisions of Subsection 20A-5.16.C and it is
substantially screened by either vegetation or
a six (6) foot stockade type fence from the
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view of the adjacent property owners or
lessees and from the view from the public
right-of-way.
(b) One (1), but not more than one (1), boat used
for commercial purposes, not exceeding thirty-
six feet (36') in length, may be parked or
stored on any improved lot located in any
residential district if there is no unloading
or loading of any material, fish or shellfish
when located in the residential district and
the boat is substantially screened by either
vegetation or a six (6) foot stockade type
fence from the view of the adjacent property
owners or lessees and from the view from the
public right-of-way.
For purposes of the restrictions set forth in Paragraphs 9
through 12 of this subsection C of Section 20A-5.16, a commercial
trailer or a commercial boat shall be counted as one (1)
recreational vehicle."
Section 3. That the existing Section 20A-6.1.C.14.b of the
Land Development Code of the City of Sebastian, Florida, is hereby
amended by deleting the existing Clause (1) (§20A-6.1.C.14.b(1)) in
its entirety, and adding the following new provisions in lieu
thereof to read as follows:
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"(1) Ail activities pertaining to the home occupation
that are to be performed at the dwelling (the
"Premises") shall be carried on entirely within 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
(other than as an address of convenience) 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. The parking or storage of
commercial trailers and the storage of commercial
boats shall be done in compliance with the
provisions of Section 20A-5.16.C.13 of the Land
Development Code. Materials or equipment
associated with the home occupation may be stored
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Section 4.
Ordinances in conflict herewith are hereby repealed.
within an enclosed compartment of the commercial
vehicle or trailer."
CONFLICT. All ordinances or parts of
Section 5. 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
appropriate designations.
Section 6. SEVERABILITY.
"Section," "Article" or other
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
this Ordinance without said invalid and unconstitutional provision,
thereby causing said remainder to remain in full force and effect.
Section 7. EFFECTIVE DATE. This Ordinance shall become
effective immediately upon its adoption.
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The foregoing Ordinance was moved for adoption by Council
member ~/C.~
Council member ~
vote, the vote was as follows:
Mayor Lonnie R. Powell
Vice-Mayor Frank Oberbeck
Council member Carolyn Corum
Council member Norma J. Damp
Council member Robert Freeland
The motion was seconded by
and, upon being put to a
The Mayor thereupon declared this Ordinance duly passed and
adopted this ~. day of
ATTEST:
~ath~y~ M. O'Halloran, CMC/~E
City Clerk
I HEREBY CERTIFY that notice of public hearing on this
Ordinance was published in the Vero Beach Press Journal as required
by State Statute, that one Rublic hearing was held on this
Ordinance at 7:00 p.m. on the ~ day of ~~ , 1993,
and that following said public hearing this Ordinance was passed by
the City Council. ..........
Kathry~M. O'Halloran, CMC/AAE
City Clerk
Approved a~o Form and Content:
Charles Ian Nash, City Attorney
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