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Home My WebLink AboutO-98-04 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 ORDINANCE NO. O-98-04 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 20A-8.3. OF THE LAND DEVELOPMENT CODE RELATING TO SHARED PARKING BY ADDING CONDITIONS; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR RESOLUTION OF CONFLICTS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Sebastian, Florida, desires to amend the Land Development Code to establish criteria for shared 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. Section 20A-8.3. of the Land Development Code, City of Sebastian, Florida is hereby amended to read as follows: Sec. 20A - 8.3. Computation of parking spaces. In computing the number of required parking govern: 1. spaces the following rules shall Floor area calculation. Floor area means the gross floor area of a particular use. Interpretation of computation with fractions. Where fractional spaces result, the number of spaces required shall be construed to be the next whole number. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 4. 5. 6. 7. Requirements for uses not identified. The parking requirement for any use not specified shall be the same as that required for a use of a similar nature as recognized herein; or where not recognized herein, shall be based on criteria published by the American Planning Association or similarly recognized standards of their profession and such standard shall be approved by the planning and zoning commission. Requirements for mixed uses. In the case of mixed uses the parking spaces shall be equal to the sum of the several uses computed separately. Applicability of standards to expanding uses. Whenever a building or use is enlarged in floor area, number of dwelling units, seating capacity or in any other manner so as to create a need for a greater number of parking spaces than that existing, such spaces shall be provided in accordance with this section. Any parking deficiency shall be brought into conformity concurrently with the enlargement or change of use. Location of off-street parking spaces. Except as otherwise prescribed for dwelling units, off-street parking spaces required by this section shall be located on or adjacent to the lot on which the main building or use is located. For buildings or uses located in a commercial district, parking spaces may be located on another site, provided such site is not more than three hundred (300) feet from the building or use. Such parking space will be within a commercially zoned district. Parking sites located across public streets may require safeguards as determined by the planning and zoning commission. Shared parking. Where two or more uses are located on different parcels under separate ownership or where two or more uses are located on the same parcel but are leased to tenants which are not affiliated with the owner of the parcel, the parking requirements may be complied with by providing a permanent, common parking facility subject to the following conditions: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 4O 2. 3, 4, The parking provided shall be determined by the use with the highest parking requirement or the cumulative total for the uses. The parking requirements shall be identified by use on all site plans of the involved parcels. When there is a change of use or a new use is added to any parcel, the parking requirements for all parcels shall be identified by use and shall be approved by the Planning and Zoning Commission. Previously approved shared parking does not vest a property owner with any rights when there is a new use. The property owner of any involved parcel shall notify the Community Development Department of any change of use. The owner or the tenants as provided herein of each parcel shall enter into a written perpetual agreement. Such an agreement shall be approved by the City Attorney. Additional documents, covenants, deed restrictions, or other agreements may be required by the City Attorney. Any termination of or amendments to such agreement shall be subject to the approval of the City. Such agreement shall be recorded by the property owners and a copy of the recorded document provided to the City prior to the issuance of a certificate of occupancy. The City Attorney shall review such agreements if there are any changes in use. If, in the opinion of the City Attorney, a new agreement is required, the property owners shall enter into such agreement and record the agreement. In the case of a new use, a copy of the recorded agreement shall be provided to the City prior to the issuance of a occupational license. The parcels involved shall be not be more than three hundred (300) feet apart, measured from the nearest points of each parcel, and shall not have a state or coumy arterial road or railroad separating the parcels. 6 Section 2. CODII~ICATION. It is the intention of the City Council of the City 7 of Sebastian, Florida, that the provisions of this Ordinance shall become and be made part of 8 the Land Development Code of the City of Sebastian, Florida, and that the sections of this 9 Ordinance may be renumbered, relettered, and the word "ordinance" may be changed to 10 "Section", "Article", or other such word or phrase in order to accomplish such intention. I I Section 3. SEVERABILITY. If any section or pan of a section of this 12 Ordinance is declared invalid or unconstitutional, the validity, force and effect of any other 13 section or part ora section of this Ordinance shall not thereby be affected or impaired unless it 14 clearly appears that such other section or part of a section of this Ordinance is wholly or 15 necessarily dependent upon the section or pan of a section so held to be invalid or 16 unconstitutional.. 17 Section 4. CONFLICT. This Ordinance shall prevail over all other Ordinances 18 which are in conflict with this Ordinance. If any clause, section, or pan or other application of 19 this Ordinance shall be held by any Court of competent jurisdiction to be unconstitutional or 20 invalid, such unconstitutional or invalid pan or application shall be considered as eliminated and 21 in no way affecting the validity of the remaining portions or applications remaining in full force 22 and effect. 7 8 9 10 11 12 13 1 Section 5. EFFECTIVE DATE. This Ordinance shall go into effect 2 immediately upon its passage and adoption and authentication by the signature of the presiding 3 officer and Clerk of the City Council. 4 The foregoing Ordinance was moved for adoption by Councilmember 5 '~~ The motion was seconded by Councilmember 6 ,~~l~'X,._ and, upon being put to a vote, the vote was as follows: 14 15 16 20 21 -22 24 25 26 27 28 29 30 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 /~~ j 1998. l CITY OF SEBASTIAN, FLORIDA 17 18 19- - -_. Kathryn l~,-O:~-Ia,'loran, CMC/AAE Walter W. Barnes, Mayor (Seal)