HomeMy WebLinkAboutO-94-11ORDINANCE NO. 0-94-11
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORIDA, AMENDING CHAPTER 20A,
SECTION 20A-6.1 C. 17. a. OF THE CITY OF
SEBASTIAN LAND .DEVELOPMENT CODE TO INCLUDE
BAIT AND TACKLE SHOPS AS A CONDITIONAL USE IN
THE M~RINE COMMERCIAL AND RESIDENTIAL
DISTRICT; AMENDING CHAPTER 20A, SECTION 20A-
3.11 C. OF THE CITY OF SEBASTIAN LAND
DEVELOPMENT CODE TO PERMIT PARKING LOTS
WITHOUT BUILDINGS OR STRUCTURES ON THE LOTS AS
A CONDITIONAL USE IN THE GENERAL MARINE
COMMERCIAL DISTRICT; AND AMENDING CHAPTER 20A,
SECTION 20A-3.12 C. OF THE CITY OF SEBASTIAN
LAND DEVELOPMENT CODE TO PERMIT PARKING LOTS
WITHOUT BUILDINGS OR STRUCTURES ON THE LOTS AS
A CONDITIONAL USE IN THE MARINE COMMERCIAL AND
RESIDENTIAL DISTRICT; AMENDING CHAPTER 20A,
SECTION 20A-6.1 C. OF THE CITY OF SEBASTIAN
LAND DEVELOPMENT CODE TO ADD AN ADDITIONAL
SUBSECTION (33) TO PERMIT PARKING LOTS WITHOUT
BUILDINGS OR STRUCTURES ON THE LOTS AB A
CONDITIONAL USE IN THE MARINE COMMERCIAL AND
RESIDENTIAL DISTRICT AND IN THE GENERALMARINE
COMMERCIAL DISTRICT OF THE CODE OF ORDINANCES
OF THE CITY OF SEBASTIAN, FLORIDA; 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;
PROVIDING FOR RATIFICATION; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Sebastian, Florida,
has determined that it is. in the public interest to permit bait and
tackle shops in the Marine Commercial and Residential District as
a conditional use and to permit the utilization of lots or parcels
for off-street parking without a building or structure on the lot
or parcel; and
WHEREAS, the City Council of the City of Sebastian, Florida,
finds that Section 20A-6.1 C. 17. a. of the Code of Ordinances,
City of Sebastian, Florida, should be amended to include bait and
tackle shops as a conditional use in the Marine Commercial and
Residential District; and
WHEREAS, the City Council of the city of Sebastian, Florida,
finds that Section 20A-3.11 C. of the Code of Ordinances, City of
Sebastian, Florida, should be amended to include parking lots
without buildings or structures on the lots as a conditional use in
the General Marine Commercial District; and
WHEREAS, the City Council of the City of Sebastian, Florida,
finds that Section 20A-3.12 C. of the Code of ordinances, city of
Sebastian, Florida, should be amended to include parking lots
without buildings or structures on the lots as a conditional use in
the Marine Commercial and Residential District; and
WHEREAS, the City Council of the city of Sebastian, Florida,
finds that Section 20A-6.11 C. (33) of the Code of Ordinances, City
of Sebastian, Florida, should be added to include parking lots
without buildings or structures on the lots as a conditional use in
the Marine Commercial and Residential District and in the. General
Marine Commercial District.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows:
Section 1. That Chapter 20A, Section 20A-6.1 C. 17. a. of the
Code of Ordinances, City of Sebastian, Florida in the City of
Sebastian Land Development Code is hereby amended to read as
follows:
Sec. 20&-6.1 C. 17. Marine Commercial Activities.
a. Applicable zoning districts. The following commercial
activities shall be permitted conditional uses within the MCR
zoning district:
(1) Restricted
goods and marine
convenience
accessories.
(2) Restaurants -and lounges, excluding drive-in and
fast food facilities.
(3) Commercial wet storage and boat rental.
(4) Commercial dry storage.
(5) Business and professional offices.
(6) Marine fuel sales.
(7) Waterfront related.community facilities, including
sanitary pumpout facilities.
(8) Yacht clubs.
(9) Bait and tackle Shops.
(10) Other similar uses.
Section 2. That Chapter 20A, Section 20A-3.11 C. of the Code
of Ordinances, city of Sebastian, Florida in the City of Sebastian
Land Development Code is hereby amended 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 by the planning
and zoning commission shall be heard by the city council.
Conditional uses: Waterfront or marine related specialty
shops, home occupations, restaurant and lounges (excluding drive-in
and fast food facilities), boat rental, marine fuel sales, yacht
clubs, business and professional offices, public and private
utilities, public protective and emergency services, hotels,
motels, cultural and civic activities, public or private not-for-
profit clubs, public parks and recreation areas, parking lots
without buildings or structures on the lot, and accessory uses.
Section 3. That Chapter 20A, Section 20A-3.12 C. of the Code
of Ordinances, City of Sebastian, Florida in the City of Sebastian
Land Development Code is hereby amended to read as follows:
C. Conditional uses. In this district a building or
premises may be used for the following conditional uses upon
compliance with all 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: Bars and lounges, waterfront general
commercial activities, public parks and recreation, public and
private utilities, public protective and emergency services,
hotels, motel and transient quarters, parking~ lots without a
building or structure on the lot, and accessory uses.
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Section 4. That the Code of Ordinances, city of Sebastian,
Florida in the City of Sebastian Land Development Code is hereby
amended by adding to Chapter 20A, by adding a Section to be
numbered Section 20A-6.0 C. 33. which shall read as follows:
33. Parking Lots
a. Applicable zoning districts. Parking lots without
a building or structure on the lot or parcel shall
be permitted as a conditional use within the
following zoning districts: Marine Commercial and
Residential District and the General Marine
Commercial District. A structure for the purpose
of this Section means an edifice or building of any
kind.
Conditional use criteria. Parking lots without a
building or structure on the lot or parcel will be
allowed in the Marine Commercial and Residential
District and the General Marine Commercial District
provided the following conditions are met:
(1) A site plan must be submitted and approved by
(2)
the Planning and
accordance with
Development Code.
All parking lots
accordance with
Development Code.
Zoning
Article X
Commission in
of the Land
must be landscaped in
Article XIII of the Land
Section 5. Ail provisions of the City of Sebastian Land
Development Code which are not specifically amended by this
Ordinance are hereby ratified and confirmed.
Section 6. All Ordinances or parts of Ordinances in conflict
herewith are hereby repealed. If any provision of this Ordinance
is held to be invalid or unenforceable by a court of competent
jurisdiction, the other provisions of this Ordinance shall remain
in full force and effect.
Section 7. 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 words
to accomplish such intention.
Section 8. This Ordinance shall become effective immediately
upon its adoption.
PASSED BY THE CITY COUNCIL OF THE CItY OFSEBASTIAN, FLORIDA, ON
F RST READING, DAY 'OF r , 994.
ON
READING,
, 1994.
The foregoing Ordinance
Councilmember ~/~.t~},i
was
moved for adoption by
The motion was seconded
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by Councilmember ~~~~.
into a vote, the vote was as follows:
and,
upon being put
Mayor Arthur L. Firtion
Vice Mayor Carolyn Corum
Councilmember Norma J. Damp
Councilmember Robert Freeland
Councilmember Francis J. Oberbeck
The Mayor thereupon declared this Ordinance duly passed and
adopted this ~-~ day of ~/~~C~ , 1994.
CITY O~ SEBASTIAN, FLORIDA
Arthur L. Firtion, Mayor
ATTEST
Ka t~ ~'~,'~ a~l ~o r a~C~E
(Seal)
Approved as to Form and Content:
Clifton A. McClelland, Jr.
City Attorney
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