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Home My WebLink AboutO-97-52ORDINANCE NO. 0-9%52 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDiAN RIVER COUNTY, FLORIDA, AMENDING SECTIONS 20A-3.7. AND 20A-4.8. OF THE LAND DEVELOPMENT CODE REGARDING THE DELETION OF RESIDENTIAL MANUFACTURED HOMES IN THE PUD-MH DISTRICT, THE MODIFICATION OF THE DEFINITION OF RESIDENTIAL MANUFACTURED BUILDING IN THE RMH DISTRICT, PROVIDING FOR A DEFINITION OF RESIDENTIAL MANUFACTURED BUILDING IN PUD-MH, AND PROVIDING FOR THE USE OF A RESIDENTIAL MANUFACTURED BUILDING AS A PERMITTED USE IN THE PUD-MH DISTRICT; 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 permitting residential manufactured homes in the PUD- MH district; 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 1. Sec. 20A-3.7. R-MH Mobile Home District. A. Purpose and intent; definitions. The R-MH district is established to implement comprehensive plan policies for managing mobile home and certain non-site building development on land designated for residential development satisfying the location requirements and criteria of this section. [Terms defined.] 1. Mobile home shall mean a structure transportable in one (1) or more sections, which in the traveling mode, is eight (8) body feet or more in width or forty (40) body feet or more in length, or when erected on site, is three hundred twenty (320) or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and including the plumbing, heating, air conditioning and electrical systems contained therein. Calculations to determine the number of square footage in a structure will be based upon HUD standards, and such structures are subject to the regulations set forth therein. 2. Residential manufactured building shall mean a closed structure, building assembly or system of subassemblies, which may include structural, electrical, plumbing, heating, ventilating or other service systems manufactured in manufacturing facilities for installation or erection, with or without other specified components, as a finished residential building or as part of a finished residential building, which shall be required to bear the insignia from the Department of Community Affairs, State of Florida (herein-after DCA) or its successor agency, pursuant to regulations promulgated by DCA. 3. Travel trailer shall mean a portable structure built on a chassis designed as a temporary dwelling for travel and vacational use and when not exceeding eight (8) feet in width, weight four thousand five hundred (4,500) pounds or whose length does not exceed twenty-nine (29) feet and shall not be used as living quarters except in a trailer park. For purposes of this section and section 20A-4.8, travel trailer shall be a type of travel trailer. B. Permitted uses. In this district as a permitted use a building or premises may be used only for the below-stated uses. All applicable provisions of the land development code shall be satisfied including site plan review and performance criteria. Permitted uses: Mobile homes, residential manufactured buildings and accessory residential uses. Section 20A-4.8. of the Land Development Code, City of Sebastian, Florida is hereby amended to read as follows: Sec. 20A-4.8. PUD(Mi-i) Mobile Home Planned Unit Development. This section provides specific regulations for the development of mobile home planned unit developments (PUD(MH) in areas designated for residential development on the Comprehensive Plan Land Use Map. A. Definitions. 1~ Mobile home shall mean a structure transportable in one (1) or more sections, which in the traveling mode, is eight (8) body feet or more in width or forty (40) body feet or more in length, or when erected on site, is three hundred twenty (320) or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without permanent foundation when connected to the required utilities, and including the plumbing, heating, air conditioning and electrical systems contained therein. Calculations to determine the number of square footage in a structure will be based upon HUD standards, and such structures are subject to the regulations set forth therein. 2. Residential manufactured home shall mean a closed structure, building assembly or system of subassemblies, which may include structural, electrical, plumbing, heating, ventilating or other service systems manufactured in manufacturing facilities for installation or erection, with or without other specified components, as a finished residential building or as part of a finished residential building, which shall be required to bear the insignia from the Department of Community Affairs, State of Florida (hereinafter DCA) or its successor agency, pursuant to regulations promulgated by DCA. 3. Travel trailer shall mean a portable structure built on a chassis designed as a temporary dwelling for travel and vacational use and when not exceeding eight (8) feet in width, weight four thousand five hundred (4,500) pounds or whose length does not exceed twenty-nine (29) feet and shall not be used as living quarters except in a trailer park. For purposes of this section and section 20A- 3.7, travel trailer shall be a type of travel trailer. 4. Structures and uses required for operation of a public utility. B. Permitted uses and structures. The following land uses and structures are permitted in the PUD(MH) district subject to compliance with the provisions of this code: I. Single-family detached mobile homes, as defined in subsection 20A-4.8(A)(1). 2. Parks, playgrounds, community facilities, and noncommercial recreational facilities such as golf courses, game rooms, tennis courts, libraries, and similar USES. Uses and structures which are customarily accessory and clearly incidental and subordinate to the above uses and structures, including approved storage facilities. 4. Structures and uses required for the operation of a public utility. B. Permitted uses and structures. The following land uses and structures are permitted in the PUD(MH) district subject to compliance with the provisions of this code: 1. Single-family detached mobile homes, as defined in subsection 20A-4.8(A)(1) and residential manufactured homes, as defined in subsection 20A-4.8(A)(2). 2. Parks, playgrounds, community facilities, and noncommercial recreational facilities such as golf courses, game rooms, tennis courts, libraries, and similar uses. 3. Uses and structures which are customarily accessory and clearly incidental and subordinate to the above uses and structures, including approved storage facilities. 4. Structures and uses required for the operation of a public utility. 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 parts 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 ~ DAY Ordinance was moved for FINAL READING, THIS ,1997. The foregoing adoption //~/~-.~) The motion was seconded and, upon being put to a vote, the vote was as follows: by Councilmember by Councilmember Mayor Walter W. Barnes 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 ~day of ..,.~Z,~ ,1997. CITY OF SEBASTIAN, FLORIDA ~y: W~~~ Walter W. Barnes, Mayor ~ 71. 'i Kathry~.'-M. O~_r~, CMC/AAE -l(Seal) .-' 2:: .2 ApproVed as to Form and Content: Valerie Settles City Attorney