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Home My WebLink AboutO-95-12ORDINANCE NO. 95-12 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING CHAPTER 20A, SECTIONS 20A-2.5.C.6, 20A-2.5.C.13, 20A-6.1.C.18 AND 20A-3.10.B. AND C. OF THE CITY OF SEBASTIAN LAND DEVELOPMENT CODE OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN, FLORIDA; TO CLARIFY CLASSIFICATIONS AND DEFINITIONS; TO PERMIT ANTIQUE SHOPS AND SECONDHAND STORES IN THE GENERAL COMMERCIAL (CG) ZONING DISTRICTS; TO ALLOW FLEA MARKETS AND PAWN SHOPS IN THE GENERAL COMMERCIAL (CG) ZONING DISTRICT AS A CONDITIONAL USE; AMENDING THE CITY OF SEBASTIAN LAND DEVELOPMENT CODE OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN, FLORIDA, TO ADD ANTIQUE SHOPS, CONSIGNMENT SHOPS, SECONDHAND STORES AND SPORTING GOOD SHOPS TO SECTION 20A-2.5.C.6; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; REPEALING ORDINANCE 95-05; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Sebastian, Florida, desires to amend the Code of Ordinances, City of Sebastian, Florida, in the City of Sebastian Land Development Code to allow antique shops, and secondhand stores as a permitted use in CG zoning districts; and WHEREAS, the City Council of the City of Sebastian, Florida, finds that it would be in the best interest of the city that Section 20A-2.5.C.6 of the Code of ordinances, City of Sebastian, Florida, in the City of Sebastian Land Development Code be amended to include antique shops, consignment shops, secondhand stores and sporting good shops; and WHEREAS, the City Council of the city of Sebastian, Florida, finds that it would be in the best interest of the City that Sections 20A-2.5.C.13, 20A-2.5.C.18 and 20A-3.10.B. and C. of the Code of Ordinances, city of Sebastian, Florida, in the City of Sebastian Land Development Code be amended to permit flea markets and pawn shops as a conditional use in the General Commercial (CG) Zoning Districts; and WHEREAS, the City Council of the City of Sebastian, Florida, believes that it is in the best interests of the health, safety, and general welfare of the community to so amend the Code of Ordinances, City of Sebastian, Florida, in the city of Sebastian Land Development Code. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, THAT: Section 1. The Code of Ordinances, City of Sebastian, Florida, in the city of Sebastian Land Development Code is hereby amended by changing Section 20A-2.5.C.13 to read as follows: 13. Flea markets and pawn shops: Retail sale of goods in an establishment which provides booths, stalls, or other marketing areas to more than one retailer within the same business establishment, or pawn brokerage services. Section 2. The Code of ordinances, City of Sebastian, Florida, in the City of Sebastian Land Development Code is hereby amended by changing Section 20A-6.1.C.18 to read as follows: 18. Flea Markets and Pawn Shops: a. Applicable zoning districts. Flea markets and pawn shops shall be permitted as a conditional use within the CG zoning district. 2 b. Conditional use criteria. Flea markets and pawn shops will be allowed in the CG district provided the following criteria are met: (1) All sales activity and storage shall be in an enclosed structure. (2) No structure shall be located within fifty (50) feet to any lot line abutting a residential district. (3) No off-street parking or loading area shall be located closer than fifteen (15) feet to any property line abutting a residential district. ~ection 3. The Code of Ordinances, City of Sebastian, Florida, in the city of Sebastian Land Development Code is hereby amended by changing Section 20A-3.10.B and C 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 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 (including antique shops, consignment shops and secondhand stores), 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. (Ord. No. 0-93-01, § 32, 2-24-93) 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 markets, funeral homes, hotels and motels, indoor theaters and other enclosed commercial amusements, flea markets and pawn shops, 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, wholesale trades and services, and accessory uses. (Ord. No. 0-93- 01, § 66, 2-24-93) Section 4. Code of Ordinances, That Chapter 20A, Section 20A-2.5.C.6 of the City of Sebastian, Florida, in the City of Sebastian Land Development Code is hereby amended to read as follows: 6. General Retail Sales and Services. Retail sale or rental from the premises of goods or services to include all uses listed under limited commercial activities as well as the following: Antique shops Appliance stores, without major warehousing Art shops and supplies Bakeries, excluding wholesale production and distribution Bicycle shops Consignment shops Copying services Cosmetic stores Department stores Drapery stores Drug stores Dry cleaning establishments complying with Class IV or Class V Fire Code Prevention requirements and using only Class IV solvents such as perchlorethelene, except for spotting as provided for in section 9.6(m) of the Fire Prevention Code Dry goods stores Fabric stores Garden supplies Gasoline sales Grocery stores Hardware stores, without outside storage of lumber and other building supplies Health and exercise studios Home furnishing stores Lawn and garden supplies Large specialty shops Luggage and leather goods stores Office equipment and supplies Paint and wallpaper retail sales Pet supply and pet shops Secondhand stores Sporting goods stores Other special exception uses approved by the City Council based on similarity of use; absence of wholesaling, warehousing, outside storage and distribution functions; and absence of any characteristic dissimilar and incompatible with the uses identified herein pursuant to Section 20A-2.6. Section 5. It is the intention of the city Council of the city of Sebastian, Florida, that the provisions of this ordinance shall become and be made a part of the Code of Ordinances, City of Sebastian, Florida, in the City of Sebastian Land Development Code and that the sections of this Ordinance may be renumbered, relettered, and the word "ordinance" may be changed to "Section", "Article", or such other word or phrase in order to accomplish such intention. Section 6. Ordinance 95-05 is hereby specifically repealed in its entirety. All other Ordinances or parts of Ordinances, Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. Section 7. If any clause, section, or other part or application of this Ordinance shall be held by any Court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part or application shall be considered as eliminated, in no way affecting the validity of the remaining portions or applications, which shall remain in full force and effect. Section 8. This Ordinance immediately upon its adoption. The foregoing ordinance was Councilmember ~ _~c~.~/~ ~./L~ by Councilmember .... ~/~/~z~ ~ to a vote, the vote was as follows: Mayor Arthur L. Firtion Vice Mayor Carolyn Corum Councilmember Norma J. Damp Councilmember Ray Halloran Councilmember Louise R. Cartwright shall become effective moved for adoption by The motion was seconded and, upon being put 6 The Mayor thereupon declared this Ordinance duly passed and adopted this day of ~/2~ , 1995. CITY OF SEBASTi~~ Arthur L. Firtion, Mayor Kat~y~ M, O hallora~, ICM~AAE J 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 public hearing was held on this Ordinance at 7:00 P.M. on the ~.~ day of .~.~ , 1995, and at the following said public hearing t~/~dinance was passed by the City Council. Kathryn/M. O H~lloran~ ~MC/AAE~ City Clerk Approved as to Form and Content: Clifton A. McClelland, Jr. city Attorney