Loading...
HomeMy WebLinkAboutO-97-62ORDINANCE NO. 0-97-62 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTIONS 20A-5.16, 20A-5.16.1, AND 20A-6.1.14 OF ~ LAND DEVELOPMENT CODE REGARDING THE DEFINITION OF A BOAT, THE PARKING AND STORAGE OF RECREATIONAL VEHICLES, THE PARKING AND STORAGE OF COMMERCIAL TRAILERS AND BOATS, TEMPORARY TRAILERS, ~ PARKING OF LARGE TRUCKS AND HEAVY EQUIPMENT AND HOME OCCUPATIONS; PROVIDING FOR CODIFICATION; 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 parking; 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-5.16. Sec. 20A-5.16. recreational vehicles. A. is hereby amended to read. Mobile homes, travel trailers, campers, boats, trailers, and Definitions. 1. Mobile home. A single- or multiple-family dwelling as described in section 20A-3.7(B)(1) of the Land Development Code. Travel trailer. A portable structure built on a chassis as described in section 20A-3.7(B)(2) of the Land Development Code. Camper. (a) A trailer or a semitrailer which is designed, constructed, and equipped as a dwelling place, living abode, or sleeping place (either temporarily or permanently) and is equipped for use as a conveyance on streets and highways; or (b) Any motor vehicle which is designed, constructed, or modified, and equipped as a dwelling place, living abode, or sleeping place (either temporarily or permanently); or (c) trailer or a semitrailer, the chassis and exterior shell of which is designed and constructed for use as a camper, as defined in subparagraphs (a) or (b), but which is used instead, permanently or temporarily, for the advertising, sales, display, or promotion of merchandise or services. Boat. Every description of self-propelled watercraft used or capable of being used as a means of transport on water including all types of boats and uses thereof. As used herein, the term boat or vessel are synonymous with watercraft. 5. Trailer. Any vehicle, with or without motor power, designed for carrying persons or property and for being drawn by a motor vehicle. 6. Recreational vehicle (RV). (a) Any travel trailer, camper, boat, or trailer as defined herein. (b) If a boat is mounted on a trailer designed for the transport of such boat, then such boat and trailer shall be deemed to be a single RV. (c) A travel trailer, camper or trailer in tandem with one or in any other combination shall not be deemed to be a single RV, but rather each separate travel trailer, camper or trailer shall constitute a separate and distinct RV. 7. Primary front yard. The yard of an improved corner lot which is located between the side of the structure facing the street where the primary entrance is located and the street. 8. Secondary front yard. The yard of an improved comer lot which is located between the side of the structure facing the street where the primary entrance is not located and the street. Mobile homes prohibited. No mobile homes shall be permitted in any zoning district except the R-MH or RMH-PUD Districts. Parking and storage of recreational vehicles. Recreational vehicles as described herein may be parked, stored or placed on any lot in any residential district, provided that: 1. The recreational vehicle is owned, reined or leased by the person residing on the same lot on which the recreational vehicle is located. 2. Except as provided in paragraph (13) (section 20A-5.16(C)(13)) and 20A-6.1.14b.(1), the recreational vehicle is not used for residemial, office or commercial purposes. 3. The recreational vehicle is not used for sleeping, housekeeping, or living quarters while parked on any lot. 4. The recreational vehicle is located to the rear of the from building line, and in no evem less than twemy-five (25) feet from the front lot line, or is located wholly within a carport or garage. Notwithstanding the foregoing sentence, with respect to locating recreational vehicles on the secondary from yard of an improved corner lot, the recreational vehicle need only be located behind the from yard setback for such improved comer lot and need not be located to the rear of fi-om building line for the secondary from yard. 4 10. The recreational vehicle is not located within any road, drainage or utility right-of-way. In the event that the recreational vehicle is a collapsible camping trailer, the trailer must be stored in the collapsed state. The recreational vehicle must bear a current and proper registration. The recreational vehicle, other than a utility trailer or a cargo trailer, shall not exceed thirty-six (36) feet in length. The recreational vehicle which is a utility trailer or a cargo trailer shall not contain a cargo box in excess of fourteen (14) feet in length. No more than two (2) recreational vehicles at the same time shall be permitted on any lot outside of an enclosed garage.. 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(l), commercial utility or cargo trailer, that does not exceed fourteen (14) feet in length and eight (8) feet in height, may be parked on any lot 5 located in any residential district if it is parked in accordance with the other provisions of subsection 20A-5.16(C) and its is substantially screened by either vegetation or a six (6) foot stockade type fence from the view of the adjacent property. (b) One (1), but not more than one (1), boat used for commercial purposes, not exceeding thirty-six (36) feet in length, may be parked or stored on any 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-foot stockade type fence from the view of the adjacent property. For the 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. Temporary trailers. Trailers used temporarily in connection with construction as a dwelling, office, salesroom, or security headquarters may be located temporarily in all zoning districts only after a building permit has been issued and during the periods of construction activity, under a 6 temporary zoning permit; provided, however, that any such trailer must be removed within ten (10) days atter completion of construction or after the issuance of a certificate of occupancy, whichever first occurs, that all setbacks are complied with and all utilities, including water and sewer are provided. A temporary trailer shall not be located within any road, drainage or utility fights-of-way. E. COR Zoning District. For the purposes of this section, the Commercial Office and Residential District (COR) shall be deemed to be a residential district. Section 2. Sec. 20A-5.16.1. is amendc~ as follows. Sec. 20A-5.16.1. Large trucks and heavy equipment. Definitions. As used herein, the following terms shall have the meanings herein stated unless the contract requires otherwise. (1) Road tractor means any motor vehicle designed or used for pulling semi-trailers, trucks, or other road tractors. (2) Semi-trailer means any vehicle with or without motive power designed for carrying freight and which is drawn or pulled by another vehicle. This does not include recreational trailers. (3) Heavy equipment means vehicles, machinery, or other heavy items that are only incidentally operated upon or moving over roads or 7 highways, including but not limited to the following items: ditch- digging apparatus, well-boring apparatus, road construction machinery, asphalt spreaders, bituminous and other mixers, bucket loaders, tractors, ditchers, leveling rollers, earth moving equipment, carryalls, scrapers, power shovels, draglines, craines, forklifts, and all other somewhat similar items. Zoning districts where prohibited. It shall be unlawful for any person, either as owner, agent, occupant, lessee, tenant, landlord, or otherwise, to park, store, deposit, or to cause or allow any parking, storage, or deposit on any real property zoned as RE-40, RS-20, RS-15, RS-10, RM-8, RM- 12, R-MH, PUD-R, PUD-MH, or COR, or any property then being used for residential use however zoned, any road tractor, semi-trailer, heavy equipment, or heavy truck. Exceptions. The restrictions of this section shall not apply to: (1) All other zoning districts not actually being used as single-family use. (2) Real property where construction is underway pursuant to a valid building permit and the items otherwise prohibited are being utilized for such ongoing construction. (3) The item otherwise prohibited is being loaded or unloaded. (4) (s) (6) Personal vehicle such as a van, pickup truck or paneled truck, provided each such vehicle not exceed 23 feet in length and/or 9 feet high. A reasonable number of such small trucks necessary to carry on permitted commercial uses in the COR zoning district. The number of such trucks shall be established by the planning and zoning commission. Emergency parking of such prohibited vehicles or items provided they are removed within twenty-four (24) hours of the start of the emergency. (7) Such items being utilized by any governmental entity legitimate purpose. (8) Vehicles not to exceed 23 feet in length and/or 9 feet high within an enclosed garage. enforcement. for a parked (1) No person shall allow or suffer any prohibited vehicle or item to be parked, stored, or deposited in violation of this section. Section 3, Sec. 20A-6.1.14. Home occupations: (1) All 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 exceed 23 feet in length and/or 9 feet high. 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 within an enclosed compartment of the commercial vehicle or trailer. 10 Section 4. CODII~ICATION. 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. Section 5. 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. Section 6. 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 7. EFFECTIVE DATE. This Ordinance shall become effective upon adoption. PASSED BY THE CITY COUNCIL OF TI~ CITY OF SEBASTIAN, FLORIDA, ON FIRST READING, THIS DAY OF//~//~/fi~, 1997. PASSED AND ADOPTED BY / THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, ON SECOND AND FIN'AL READING, THIS /~ DAY OF~(~)d~~ 1997. The foregoing Ordinance was moved for adoption by Councilmember '~A~/~./j . The motion was seconded by Councilmember /~'~d_J and, upon being put to a vote, the vote was as follows: 11 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 (~:.~M J ,1997. CITY OF SEBASTIAN, FLORIDA Walter W. Barnes, Mayor ATTEST: · Kathryn M.-O'I-Iall. mart, CMC/AAE (Se ) --- 12