HomeMy WebLinkAboutO-97-51ORDINANCE NO. O-97-51
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AMENDING SECTION 20A-6.1.C.25. OF THE
LAND DEVELOPMENT CODE REGARDING REQUIRED
SCREENING FOR DRIVE-IN RESTAURANTS; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Sebastian, Florida, desires to amend the
Land Development Code relating to required screening for drive-in restaurants; 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 do so,
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CiTY OF SEBASTIAN, FLORIDA, THAT:
Section I. Section 20A-6.1.C25. of the Land Development Code, City of Sebastian,
Florida is hereby amended to read as follows:
25. Restaurant, drive-in:
Applicable zoning districts. Drive-in restaurants shall be permitted
as a conditional use within the following zoning district: CG
b. Conditional use criteria. Drive-in restaurants will be allowed
provided the following conditions are met:
(1) No more than two (2) curb cuts shall be permitted on any
single street frontage. Curb cuts shall be limited to a
maximum width of fifty (50 feet and shall be located no
closer than thirty-five (35) feet removed from property
lines. A fifteen (15) foot separation shall be maintained
between curb cuts.
(2) No building, structure or off-street loading or parking area
shall be located closer than thirty (30) feet to any residential
use or district.
(3) All travel lanes and driveways shall be interpreted as off-
street parking, and as such shall conform to the landscape
requirements of this chapter.
An eight (8) foot opaque wall shall be located along all rear property lines
adjacent to residential district or a residential use, however, such screening
shall be located in a manner which does not obstruct vision of the motoring
public and preserves a safe site distance for the motorists on and adjacent
to the site. Such wall shall be of masonry construction, designed to meet
wind load requirements, and shall have landscaping to minimize the visual
impact of the wall.
Section 2. CODIFICATION. 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 Land Development Code of the City of Sebastian, Florida, 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.
Section3. CONFLICT. All other Ordinances or parts of Ordinances,
Resolutions or pans of Resolutions in conflict herewith are hereby repealed to the extent of
such conflict.
Section4. SEVERABILITY. 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 5. EFFECTIVE DATE. This Ordinance shall become effective
immediately.
PASSED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, ON
FIRST READING, THIS DAY OF~ 1997. PASSED AND ADOPTED BY
THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, ON SECOND AND
FINAL READING, THIS ~ DAY OF~/~_z~,d~ ,1997.
The foregoing Ordinance was moved for adoption by Councilmember
The motion was seconded by Councilmember
and, upon being put to a vote, the vote was as follows:
Mayor Walter W. Bames
Vice Mayor Richard J. Taracka
Councilmember Louise R. Cartwright
Councilmember Larry Paul
Councilmember Ruth Sullivan
The Mayor thereupon declared this Ordinance duly passed and adopted this 5;~day of
,1997.
CITY OF SEBASTIAN, FLORIDA
Walter W. Barnes, Mayor
Approved as to Form and Content:
Valerie Settles
City Attomey