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HomeMy WebLinkAboutO-98-06 t ,- , '. . 1 "., ') .' 1 ORDINANCE NO. 0-98-06 2 3 4 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER 5 COUNTY, FLORIDA, AMENDING THE LAND DEVELOPMENT 6 CODE BY CREA TlNG DMSION VI, PERFORMAMCE OVERLAY 7 DISTRICTS, CREATING TIlE RIVERFRONT DISTRICT, STATING 8 PURPOSE AND INTENT, PROVIDING FOR DEFINITIONS, 9 PROVIDING FOR ADMINISTRATION, PERMITS, PROCEDURES, 10 WAIVERS, AND VIOLATIONS AND REMEDIES, ESTABLISHING 11 RIVERFRONT DISTRICT ARCHITECTURAL CODES, 12 ESTABLISHING RIVERFRONT DISTRICT URBAN CODE, 13 ESTABLISHING RIVERFRONT DISTRICT LANDSCAPE CODE, 14 ESTABLISHING RIVERFRONT DISTRICT SIGN REGULATIONS; 15 PROVIDING FOR CODIFICATION; PROVIDING FOR 16 SEVERABILITY; PROVIDING FOR RESOLUTION OF 17 CONFLICTS; PROVIDING FOR AN EFFECTIVE DATE. 18 19 20 WHEREAS, the City Council of the City of Sebastian, Florida, desires to amend the 21 Land Development Code to establish performance overlay districts; and 22 WHEREAS, the City Council of the City of Sebastian, Florida, desires to provide for 23 architectural, urban design, landscape and sign standards in the Riverfront Area of the City; and 24 WHEREAS, the City Council of the City of Sebastian, Florida, believes that it is in the 25 best interests of the health, safety, and general welfare of the community to do so, 26 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE 27 CITY OF SEBASTIAN, FLORIDA, THAT: 28 Section 1. Division VI of the Land Development Code, City of Sebastian, Florida is 29 hereby created to read as follows: 30 1 .. , " . '- 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 39 DIVISION VI. PERFORMANCE OVERLAY DISTRICTS ARTICLE IXX RIVERFRONT DISTRICT Sec. 20A-19.1 PURPOSE AND INTENT Sec. 20A-19.1.1 A. Purpose: The portion of the City of Sebastian along the Indian River has a unique history, style, and look which the city seeks to preserve. The architectural style for the Riverfront is that of an "Old Florida Fishing Village." The following sections establish architectural design criteria, urban design criteria, sign standards and landscape standards for the Riverfront area, The purpose of this article is to require that all development in the Riverfront District, as stated herein, implement and maintain the "Old Florida Fishing Village" setting. The requirements of this Performance Overlay district are additional to the regulations found elsewhere in this Land Development Code and Code of Ordinances. In addition to the site plan (Article X), landscape (Division III), and sign requirements (Division IV), projects within the Riverfront District shall comply ~ith these additional regulations. B. Intent: This article is intended to promote imagination, innovation, and variety, by focusing on design principles and encouraging creative solutions which accomplish the following: 1. Foster creative approaches which emulate an "Old Florida Fishing Village" character through use of quality design, building materials, signs and landscaping. 2. Sustain the comfort, health, tranquillity, and contentment of residents with a desirable environment. 3. Minimize incompatible surroundings and visual clutter which prevent orderly community development and reduce community property values. 4. Encourage designs that maintain the community's low density and low rise character. 2 .. " . , 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 39 40 5. Carefully balance the man-made system with the natural environment, in a way which preserves, protects, and conserves the natural environment. C. Organization: Sec. 20A-19.1. is divided into the following eight sections: 19.1.1. 19.1.2. 19.1.3. 19.1.4. Purpose and Intent Establish a Riverfront Performance Overlay District Definitions Administration, Permits, Procedures, Waivers, and Violations and Remedies Riverfront District Architectural Codes Riverfront District Urban Code Riverfront District Landscape Code Riverfront District Sign Regulations 19.1.5. 19.1.6. 19.1.7. 19.1.8. RIVERFRONT PERFORMANCE OVERLAY DISTRICT Sec.20A-19.1.2 A. Established: A special Performance Overlay district is hereby established to be known as the Riverfront District. B. Boundaries: The Riverfront District shall include that portion of the City of Sebastian located east of the Florida East Coast Railroad to and including the Indian River, north to the city limits and south to the south City limits located approximately at the south section line of section 6, township 31 S, range 39E. C. Riverfront District Requirements: All development in the Riverfront District shall comply with the requirements of this article. The standards and requirements set forth at below shall apply to new development, to substantial renovation, conversion in use from residential to commercial, and to building exterior refinishing. D. Effective date: The provisions of 20A-19.1 shall apply to all development within the Riverfront District for which a complete application for site plan review, pursuant to Article X of this code, has not been filed with the Community Development Department on or before March 11, 1998 . DEFINITIONS Sec. 20A-19.1.3. 1. "Arcade" means a covered walkway located entirely on private property along the street facade of a building which is open to the adjacent street 3 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 39 40 , . .~ , . between columns which may be either weight-bearing or cosmetic. Interior building space may be constructed above an arcade. An arcade shall have a minimum clear height of twelve feet from the lowest point of the ceiling and a minimum clear width of ten feet. 2. "Architectural Feature" means a structural or cosmetic feature of a building or structure, including but not limited to chimneys, bay windows, cornices, coping, parapets, porches, steps, staircases, screened utilities, and tower structures of less than 215 square feet in area and a height of not more than thirty-five feet. Architectural Features may encroach the lesser of five feet or 60% of the width of a Setback. All rooftop utilities and facilities such as air conditioning units shall be screened so as to not be visible from public right-of-way. 3. "Balcony" means a structural platform surrounded by a railing or other retaining device which projects from the street facade of a building at an elevated floor without direct support from the ground. On comer lots a balcony may extend along two street facades, but it does not have to be continuous. A balcony shall have a minimum clear height of ten feet at ground level above sidewalks and a minimum depth of three feet. 4. "Depth" means a lineal dimension of a site or building measured on a line perpendicular to the line of the street frontage. 5. "Facade" means any face of a building (including the visible portion of roof) which is visible from a roadway. For calculation purposes only, it will be the building as seen in elevations. 6. "Historic Building" means a building or structure of architectural, historical, cultural or historic planning significance that has been designated as such by a local, state or federal authority. 7. "Low sloped roof' shall be defined as a roof with a slope less than 5: 12 (rise:run). Flat roofs are included in this term and classification. 8. "New Development" means the construction of a building or structure on unimproved real property. 9. "Outbuilding" means a secondary ancillary building, other than a storage shed, located in the rear yard of the principal building. Outbuildings shall 4 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 39 40 .\ ( have a maximum building footprint of 500 square feet and maximum gross floor Area of 1,000 square feet. Outbuildings have a maximum height of twenty feet. 10. "Parapet Wall" means a wall which serves as a guard at the edge of a Balcony or roof. 11. "Porch" means an open-air roofed structure surrounded by a railing or other retaining device which is located along the facade of a building at any level. A porch shall include columns which support its roof and floor. A porch shall have a minimum depth of four feet. 12. "Principal Building" means a building in which the principal use of the property is located, on the property on which such building is located. 13. "Renovation" means work which changes or modifies the original SIze, location, materials or exterior finish of the components of a building. The change may include expansion or upgrading of a building. 14. "Storage Shed" means a structure which has a maximum building footprint of 150 square feet and a maximum height of ten feet. 15. "Street Facade" means that facade of a building which IS nearest an adjacent street. 16. "Substantial Renovation" means a development which includes: a . improvements to existing buildings and site improvements consisting of any combination of repairs, reconstruction and alteration to a building or site the cumulative costs made during the past three years of which, according to the latest edition of the Marshall and Swift Cost Estimator, equal or exceed 50% of the current Indian River County assessed value of the buildings on the site and site improvements, not including the assessed value of the land, prior to improvement; or b. additions to existing buildings or structures totaling 50% or more of the gross floor area of all existing buildings or structures on the site inclusive of any additions made during the previous three years. 5 I 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 C. 31 32 33 34 35 I .. . 17. "Visible roof structure" means a partial or perimeter roof (used in conjunction with a low sloped roof) that gives the appearance of having a true gable, hip, shed, or mansard roof. A parapet wall is not a visible roof structure. 18. "Vista" means a visual corridor at ground level not obstructed by buildings, structures or portions thereof, which extends from public right-of-way to the waters of the Indian River. A vista shall be a minimum of ten feet in width and eight feet in height. 19. "Width" means a lineal dimension of a site or building measured on a line parallel to the line of the street frontage. Sec. 20A-19.1.4. ADMINISTRATION. PERMITS. PROCEDURES. W A VIERS. AND VIOLATIONS AND REMEDIES A. Administration: The provisions of this Riverfront District shall be administered and enforced by the Community Development Department , whose duties shall include receiving and reviewing building permits and other land development permit applications, assisting applicants in procedures required hereunder, making decisions regarding the application of this Riverfront District to particular properties, inspecting premises, and issuing permits and certificates of occupancy. Nothing in this Riverfront District is intended to conflict with the building codes of the City. B. Permits: No building or other land development permit shall be issued by the Community Development Department unless all provisions of this Riverfront District have been met. 36 37 38 39 40 Procedures for application and approval: 1. Application. a. Preliminary development review. A preliminary design review may be requested by the applicant. Such a review may be filed with the Community Development Department and include a conceptual site plan and building elevations. A non-binding preliminary written response shall be provided by the Community Development Director. 6 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 D. 36 37 38 39 40 -' , ," b. Pre-application conference. Before beginning any new development as defined by Florida Statutes, substantial renovation, or conversion from residential on private or public land, a pre- application conference with the Community Development Department shall be convened to determine the applicability of this article. Pre-application conferences are mandatory for all site plans, approved site plan modifications, planned unit developments, and subdivision plats in the Riverfront District. The pre-application conference is optional for the construction or renovation of a single family residence. . c. Application. After the pre-application conference, an application for development shall be submitted to the Community Development Department in accordance with this Land Development Code. In addition to the requirements of the appropriate sections of this Code, a completed application for development in the Riverfront District shall include a general vicinity or location map, legal description, map of vegetative cover, proposed development activities and design, building plans, front, rear, and side architectural elevations, floor elevations, documentation related to streets, parking, and loading; tree removal and protection, landscaping, signs, exterior color choices. and any other documentation as required by the Community Development Director which demonstrate compliance with this Riverfront District. 2. Review. All applications for development approval shall be reviewed by the Community Development Director and the appropriate staff for compliance with the provisions of this Riverfront District and the appropriate provisions of the Land Development Code. 3. Approval. All applications shall be approved as provided for In the appropriate sections of the Land Development Code, Waivers: The Planning and Zoning Commission may waive any of the provisions of this Article if the Planning and Zoning Commission finds that the strict interpretation of the requirements of this article places an inordinate burden on the property owner as defined by Florida Statutes. The decisions of the Planning and Zoning Commission may be appealed by an affected party to the City Council. 7 '.' . 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 E. Violations and remedies: It shall be unlawful and a violation of this Land Development Code for any person to construct, renovate or remodel a building within the Riverfront District except in compliance with the provisions of this Riverfront District. A violation of this Riverfront District shall be deemed a zoning violation. In such event the Community Development Department may initiate code enforcement proceedings to compel compliance. The City Council may initiate appropriate civil proceedings including but not limited to a declaratory action, injunction action and mandamus action to compel compliance. RIVERFRONT DISTRICT ARCHITECTURAL CODES Sec.20A-19.1.5 A. Established: Architectural standards for all new or substantially renovated buildings are hereby established. Existing building are not required to meet the requirements ofthis section unless they are substantially renovated. GENERAL Sec.20A-19.1.5.1 A. Scope: The design of all structures in the Riverfront District shall comply with the requirements of this code. This pertains to any building, group of buildings, site development, alterations affecting building's exterior, parking lots, and vehicular use areas. Compliance with the provisions in this code shall be reviewed by the Community Development Department, Planning and Zoning Commission and the City Council as appropriate. Precedence shall not be set by any project or variances approved by the Community Development Department, Planning and Zoning Commission, City Council, or the Board of Adjustment B. Riverfront District Review Requirements: 1. A site plan as required by Article X. In addition to the requirements of Article X, the site plan shall be in compliance with the urban code requirements of Section 20A-19.6. The site plan shall locate any "visually offensive elements" as described in the screening device section. 2. A landscape plan as required by Section 20A-1O.3. In addition to the requirements of Sec. 20A-1O.3. the landscape plan shall be in compliance with the Riverfront District landscape requirements described in Section 20A-19.7. 8 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 39 , .. ( 3. In addition to normal site plan review submittal requirements, the following signed and sealed drawings are to be submitted to the Community Development Department at the time of site plan review: a. Tree Survey: Must indicate location of all protected, specimen, historical, and manfroves trees as defined in Article XlV. Locate within one foot tolerance and identify species of each tree. b. Roof Plan: Must indicate any "visually offensive elements" (as described in Screening Device section) and descriptions of screening devices. c. Building Elevations: Must include all exterior building elevations, including all items affecting the appearance of the building. This is to include, but not be limited to: roof design, complete description of exterior building materials, exterior building colors, all loading zones, mechanical and electrical equipment locations and their required screening devices, and signs attached to buildings. The building elevations shall represent the established "Old Florida Fishing Village" theme architecture. d. Site Lighting Plan (may be incorporated into site plan): Must indicate site lighting plan, as well as a light fixture schedule with cut sheets (written specifications and pictorial representation of fixture) for all site lighting fixtures. This includes any site lighting fixtures attached to building. e. Sign Elevations (minimum scale: 3/4" = 1'-0"): These are to be conceptual drawings of building and site signage, including all items affecting the appearance of signs including, but not limited to: dimensions, area in sq. feet, complete description of finish materials and their colors, and method of illumination. This is required for all outdoor signs except those which cannot be determined because the occupancy of the space is not known. Any signs not approved for this reason must be approved prior to the issuance of a sign permit. f. Color samples (minimum sample sizes: 3" x 5"): Building exterior and exterior signage color samples shall be submitted. 9 1 D. 2 3 4 5 6 7 8 9 10 11 12 13 E. 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 39 40 . .,. Approval for Change of Exterior Design Required: Any exterior change of any structure in the Riverfront District, originally required to comply with this code (building constructed, substantially renovated buildings, or building converted from residential to commercial after March 11, 1997), shall require review by the Community Development Department. Such changes shall include, but not be limited to, colors, building materials, roof finishes, and signage. Changes to the architectural features or style, landscaping, or signs shall be approved by the Community Development Director. Modifications to the site plan shall be approved in compliance with the site plan modification process in Article X. Routine maintenance and replacement of materials which does not affect the approved exterior design shall be exempt from this paragraph. Prohibited Architectural Styles: The following will not be considered to be of an "Old Florida Fishing Village" architectural style nor appropriate for the Riverfront District and are prohibited: 1. Corporate signature or commercial prototype architecture, unless such is consistent with all requirements of this code. Examples of such include, but not limited to, flat roofed convenience stores and gas stations. 2. Buildings which are of symbolic design for reasons of advertising and buildings which are not compatible to the atmosphere of Riverfront District. Examples of such include "A frame" style roofs, garishly colored roofs, translucent architectural elements, and the like. Symbols attached to buildings will not be allowed unless they are secondary in appearance to the building and landscape, and are an aesthetic asset to the building project and neighborhood. 3. Any kitsch architecture (pretentious bad taste) which does not resemble a typical structure. Examples of such include, but not limited to, structures that resemble an exaggerated plant, fish, edible food, or other such items such as giant oranges, ice cream cones, dinosaurs. 4. Any architecture having a historical reference that is so unique and different from current design philosophy of an "Old Florida Fishing Village" that such reference is inconsistent and/or incompatible with surrounding structures. Examples of such include, but not limited to, igloos, domes or geodesic domes, Quonset style structures, teepees, log cabins, medieval castle, caves. 10 . I 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 39 40 5. Styles that are not in the "Old Florida Fishing Village" theme. Art Deco style is prohibited. Key West, Bahamian, or Victorian styles are discouraged. SPECIAL PROVISIONS. Sec.20A-19.1.5.2 A. Provisions: The "Uses" below must follow all criteria set forth in this code. The following are added criteria for each specific "Use": 1. Residential: Rooftop screening devices will not be required for attic ventilators or plumbing roof vents on residentially designated properties. However, roof ventilators, roof vents, and the like are to be located where they will be least visible from roadways. 2. Commercial: The materials and colors of shopping centers and structures developed on shopping center outparcels shall be compatible and harmonious with each other. Such coordination shall apply to roof materials and their colors, wall finishes and their colors, freestanding and wall signage, and other significant architectural details. DESIGN CRITERIA. Sec. 20A-19.1.5.3 A. General Design Criteria: I. All sides of a building are to be of compatible materials. Buildings with facades fronting on more than one street should have equal design considerations and consistent detailing on all street frontages. B. General Items Which Are Prohibited: 1. Flat, blank, unarticulated, or massive facades are prohibited. Facades located within view of a roadway are to incorporate architectural elements providing breaks in the planes of exterior walls and/or roofs. Facades located within view of roadway are to be designed to lessen the appearance of excessive bulk (this is especially important for large-scale commercial structures). Facades should be articulated to relieve the mass. Facades should incorporate elements relating to human scale. Facades can be divided by use of: proportional expression of structure, openings, arcades, canopies, fenestration, changes of the building, and the like. (Stepping or 11 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 -' f sloping of a parapet wall in conjunction with a low sloped roof is prohibited.) Flat, blank, unarticulated, or massive facades will be permitted on the sides and rear of a building where "Blank Facade Foundation Planting" is utilized (see landscape section for requirements). 2. The following materials or systems are prohibited as a finish and/or exposed product: corrugated or ribbed panels, smooth finish concrete block (standard concrete masonry units), precast concrete tee systems, plywood or textured plywood (except vertical board and batten). Plywood will be allowed for soffit material. 3. Plastic or metal is prohibited as a finish material for walls, facia, or trim. This does not exclude the use of typical metal flashing, wall cap, drip edge, and the like. This does not exclude the use of metal or vinyl facia 6 inches or less in height. Plastic is prohibited as a finish material for slope roofs or visible roof structures. 4. Any exposed masonry in a stack bond is prohibited. 5. Lighting that follows the form of the building, parts of the building, or building elements is prohibited. 6. Neon lighting, fiber optics, or similar system trim where the neon tube, fiber optics or similar system is visible is prohibited (See Sec. 20A-19. 1. 8. for neon sign requirements). 7. Backlit transparent architectural elements, backlit architectural elements, as well as illuminated or backlit awnings are prohibited. Glass blocks shall not be on any facade visible from a roadway. This does not prohibit the use of an illuminated sign attached to a building. 8. Facades that appear to be primarily awnings are prohibited. Awnings shall not run continuous for more than 30% of the length of a facade. 9. "Drive-up" windows or "amusement loud speakers" located on a building facade that faces a residential use are prohibited. They shall not be located on a building facade that faces Indian River Drive except for special events as permitted by the City Council . 12 1 2 3 4 C. 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 39 , '-, f 10. Temporary storage sheds, car canopIes, and similar structures are prohibited. Roofs and parapets: 1. Slope Roofs: Gable, hip, and shed style roofs shall have a slope no less than 5:12 (rise:run) and not greater than 10:12 (rise:run). Mansard style roofs with a slope greater than 10: 12 (rise:run) are prohibited. Generous eaves on sloped roofs are encouraged. Rafters at overhangs should be exposed. Any roof with a slope less than 5: 12 (rise:run) ("low sloped roof') shall not be visible from a roadway. Low sloped roofs must be screened with a visible roof structure or parapet wall. Sheds, porches and balconies roofs shall have a slope no less than 3: 12 (rise:run). When the width of a building exceeds forty feet, the Planning and Zoning Commission may approve a slope of no less than 3:12 (rise: run). 2. Visible roof structures: Visible roof structures shall be of such height, bulk, and mass, so as to appear structural, even where the design is non- structural. Visible roof structures shall have a minimum vertical rise of six feet (not including facia). Visible roof structures shall have a slope no less than 5: 12 and not greater than 10: 12 (rise: run). Mansard style visible roof structures with a slope greater than 10: 12 (rise:run) are prohibited. Where visible roof structures are utilized in a building design, they shall be continuous around all sides of the structure, except where incorporated with a parapet wall or other architectural element (this does not allow "Stuck-on" roofs). Any facade that is not visible from a roadway will not require a continuous visible roof structure on that facade. Any building with less than 3500 square feet of enclosed space and utilizing a low sloped roof must have a visible roof structure on all facades which are visible from a roadway. 3. The following roof styles would not be in keeping with the intended character of the Riverfront District and, therefore, are prohibited: "A frame" style, bowstring, dome, gambrel, non-symmetrical gable or hip (different slope on each side of ridge), Quonset style, or Polynesian roofs. 4. The ridge or plane of a roof (or visible roof structure), that runs parallel (or slightly parallel) with a roadway shall not run continuous for more than 100' without offsetting or jogging the roof ridge or plane a minimum of 16 13 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 39 5. inches or dormer windows or other architectural feature that breaks up the roof. Low slope roofs are excluded from this requirement. Roofing on sloped roofs and visible roof structures shall be limited to the following systems: a. Cedar shingles with factory treated class B finish. b. Steel, copper, and factory painted aluminum standing seam roofing. c. 5- V crimp roof. d. Galvanized metal or copper shingles of Victorian or diamond shape or pattern. e. Three dimensional fiberglass or asphalt shingle. Architectural standing seam roofs shall be limited to the following systems: flat metal panels with narrow raised seams running 12 to 20 inches apart, which are secured with continuous seam covers or mechanically seamed. Light and natural colors, as well as mill finish metal roofs are encouraged. Mixing colors of metal panels is prohibited. Roofs on anyone site shall be of a one color. 6. Roofing materials are prohibited for use as a finish material on parapets or any surface with a slope greater than 10: 12 (rise:run), up to and including vertical surfaces. This pertains only to those surfaces visible from any point around the entire building perimeter, up to six feet above grade. This does not exclude the use of metal facia six inches or less in height. This does not exclude the use of typical metal flashing, wall cap, drip edge, and the like. This does not exclude the use of roofing materials as a screening device, as long as it does not function as a building's parapet. This does not exclude the use of cedar shingles or shakes as a wall materiel used below the roof line. 7. Plastic or metal roof panels or systems, corrugated or ribbed roof panels, hot mopped systems, built-up, gravel, torched on, foam or fluid applied, roll or membrane roofing, and the like are prohibited on any roof which is visible from any roadway and/or residentially designated area. This does 14 1 2 3 4 5 6 7 8 9 10 11 12 13 D. 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 39 40 , , not exclude the use of architectural standing seam metal roofing or galvanized 5- V crimp metal roofing. 8. "Stuck-on" visible roof structure are not permitted. Partial parapet walls are not permitted. If a parapet wall is used on a building, then a parapet wall of the same style and material is to be continuous around all sides of the structure, except where incorporated with a visible roof structure or other architectural element. Introduction of any visible roof structure shall not appear "fake". Any facade that is not visible from a roadway will not require a continuous parapet wall on that facade. Stepping or sloping of a parapet wall in conjunction with a low sloped roof is prohibited. Site: 1. All telephones, vending machines, or any facility dispensing merchandise or a service on private property, shall be confined to a space built into the building or buildings, or enclosed in a separate structure compatible with the main building's architecture. These areas are to be designed with the safety of the user in mind. Public phones and ATMs should have 24 hour access. 2. No advertising will be allowed on any exposed amenity or facility such as benches and trash containers. Identity of owner is permitted as long as on property of the owner. 3. When at all possible, existing specimen trees, as defined by Article XIV, Tree Protection, should not be removed, or, at the very least, relocated on site should be considered. Use of tree wells, as well as adaptation and variations of siting in order to conserve native vegetation, is encouraged. 4. Installation of utilities underground is required (i.e.: telephone, electricity, cable). 5. The use of thematic and decorative site lighting is encouraged. All luminaires (fixtures) should be selected not only for their functional value, but for their aesthetic qualities. In addition to safety and resistance to vandalism, site lighting should be designed for visual effect. Low lights of a modest scale can be used along with feature lighting emphasizing plants, trees, entrances, and exits. Light bollards are encouraged along pedestrian paths. The color of the light sources (lamp) should be consistent 15 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 E. 28 29 30 31 32 33 34 35 36 37 38 39 40 . . . ( throughout the project. Color of site lighting luminaires, poles, and the like, shall be limited to dark bronze, black, or dark green (decorative fixtures attached to buildings are exempt from fixture color requirement). Lighting is not to be used as a form of advertising or in a manner that draws considerably more attention to the building or grounds at night than in the day. Site lighting shall be designed to direct light into the property. It is to avoid any annoyance to the neighbors from brightness or glare. Roadway style luminaries (fixtures) such as cobra heads, Nema Heads, and the like are prohibited. Wall pack and flood light luminaries are prohibited where the light source would be visible from a roadway and/or existing residential uses. The following luminaire's light distribution shall be a full 90 degree cutoff and meet IES (Illumination Electrical Society) specifications: a. All *H.I.D. luminaires mounted higher than 18 feet above grade. b. All ceiling mounted *H.I.D. luminaires, (*H.I.D.: High intensity discharge lamps include high pressure sodium, metal halide, mercury vapor, and tungsten halogen.) 6. When chain link fences are used, they must be standard green or black and planted with appropriate vines or adequate landscape to screen the fence from view of a roadway. Barbed wire on fences are prohibited. Screening Devices: 1. "Visually offensive elements", whether freestanding, mounted on roofs, or anywhere on a structure, shall be concealed from view on all sides. "Visually offensive elements" consist of: walk-in coolers/freezers, transformers, electrical equipment (including panels and meters), water or waste piping and valves, pumps, , fans, exhaust vents, compressors, generators, tanks, and similar equipment. Individual screens, building elements, or appropriate landscaping, are to be used to completely screen the offensive elements. Parapet walls, visible roof structures, individual screens, or building elements, are to be used to completely screen roof mounted, visually offensive elements. They are to be screened from view from any point around the entire building perimeter. Screening devices shall relate to the building's style of architecture and materials. All 16 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 F. 30 31 32 33 G. 34 35 36 37 38 39 40 '.. ! screening devices shall be designed so that no part of the offensive element extends beyond the top of the screen, measured horizontally. Rooftop screening devices will not be required for plumbing roof vents which are less than four inches in diameter and less than twelve inches above roof penetration. These roof vents should be located where they will be least visible from roadways. 2. "Visual/sound offensive elements" shall be visually screened from adjacent roadways or residential uses with solid walls or fences. This is in addition to any required landscaping. "Visual/sound offensive elements" consist of: loading and unloading dock areas, dumpster and trash container areas, and commercial grade HV AC equipment. Walls or fences at loading and unloading dock areas shall be a minimum eight feet in height above grade at loading area (where loading docks/areas are recessed, average grade around building will be considered "grade"). All other walls or fences covered by this section shall be a minimum six feet in height. All dumpster and trash container areas shall be completely screened on all four sides. Acoustical material is to be used on inside face of walls or fences around HV AC equipment. 3. Individual screens and walls shall relate to the building's style of architecture and materials. A durable material such as reinforced concrete masonry units is recommended with an architecturally compatible finish. Wood fences as a screening device are encouraged. 4. Chain link fencing, with or without slats, is not acceptable as a screening device. Signage: Signage shall meet the requirements of20A-19.1.8. Colors: 1. The intent is to use colors that complement the adopted "Old Florida Fishing Village" theme. Some national and regional commercial chain stores typically paint their buildings using bright and garish colors, as a means of attracting attention to their business. This practice is not characteristic of the Riverfront District and is not compatible with this code's objectives. 17 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 H. 33 34 35 36 37 38 39 40 . . .. f 2. Whites, earthtones, and subdued greys are encouraged. These colors can be described as being "softer", "older", "subdued", and "antique looking". 3. Loud pastels and Bahamian style colors are discouraged. 4. Fluorescent, bright, and shiny colors are prohibited. 5. Roof Colors (requirements for roofs that are visible from a roadway): Metal roof colors shall consist of natural mill finish, white, light neutral colors in the warm range, and a limited number of earth-tone colors. Mixing or alternating colors of metal panels is prohibited. For remaining roofs, the following shall dictate: Other than natural variations in color or color blends within a tile, the mixing or alternating of roof color, in the same roof material is prohibited. Colors and color blends shall not be contrary to the intent of this code. Color for roofing which is glazed, slurry coated, or artificially colored on the surface by any other means shall be limited to the same colors as approved for metal roofs. 6. Natural Finish Materials: The color requirements listed above shall not apply to the colors of true natural finish materials such as brick, stone, terra cotta, concrete roof tiles, slate, integrally colored concrete masonry units, copper, and wood finishes. Colors commonly found in natural materials are encouraged, unless such material has been artificially colored in a manner which would be contrary to the intent of this code. Black, gray, blue, or extremely dark colors for brick, concrete masonry units, roofing, or stone is prohibited. 7. Awning Colors: Awning colors shall be consistent with 1, 2, 3 and 4 above. Building Walls The exterior walls of the Principal Building shall be constructed of any of the following materials and in the following specified manner. All materials shall be used over the entire building or as continuous horizontal blends only. No panelizing shall be permitted or other simulations. 1 . Stucco with a "float finish," smooth or coarse, machine spray, dash and troweled. 18 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 I. 17 18 19 20 21 1. 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 " 2. Wood Clapboard 5" to the weather. 3. Wood Shingles 7" to the weather. 4 . Wood board or batten board of a board width from 8" to 18". 5. Wood shiplap siding smooth face 7" to the weather. 6. Coral, keystone or tabby. 7. AsWar pattern, flush sawn finish. 8. Split face block. Arcades and porches: Arcades, balconies, or porches shall be constructed of materials either of wood or conform to the construction of the Principal Building. Windows and doors: The Windows and Doors of the Principal Building shall be constructed with any of the following materials, configurations, operations and options. No simulations shall be permitted. 1. Materials a. Glass clear, low E, stained, leaded and beveled. b. On side and rear elevations, translucent glass may be used. c. Painted and stained wood. d. Aluminum and vinyl clad wood. e. Steel and aluminum. f Sky lights in sloped roofs. 19 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 39 40 , ' g. Tinted glass may be used; however, in no case shall a street-side display window be of tinted glass other than to meet current energy efficiency codes. 2. Configurations a. Square and vertical rectangular. b. Circular and semi-circular. c. Semi-ellipse. d. Octagonal. e. Diamond. 3. Operations a. Single and double hung. b. Casement. c. Fixed with frame. d. Awning windows. e. On side and rear elevations, sliders may be used. 4. Options a. Woods shutters sized to match openings, preferably operable. b. Wood and metal jalousies. c. Fabric awnings excluding quarterballs. d. Bahamas shutters. e. Screened windows and doors. 20 . " { 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 39 40 f Security grills of a pattern which is consistent with the "Old Florida Fishing Village" theme, approved by the Community Development Department . K. Garden walls: Garden walls are discouraged. The garden walls of the Principal Building shall be constructed of either wood, wrought iron, or PVC lattice, or shall conform to the construction materials of the Principal Building, including stone, brick, and stucco. Chain link fence concealed by landscaping may be used along the side and rear of the property. No simulations shall be permitted. L. Outbuildings: Outbuildings when permitted within the Urban District shall be constructed of the same materials used in the Principal Building. Canvas Outbuildings are not permitted. Where an outbuilding is designed for residential use, there shall be not less than ten feet separation between the outbuilding and the Principal Building. Sec. 20A-19.1.6 RIVERFRONT DISTRICT URBAN CODE Sec. 20A-19.1.6.1. PURPOSE A. Purpose: The purpose of this part is to describe certain Performance Overlay zones used to impose special development restrictions on identified areas. The location of Performance Overlay zones is established by the City of Sebastian based on the need for special protective measures in that area. The underlying uses in the area, as determined in Division I of this Code, remain undisturbed by the creation of the Performance Overlay zone. The Performance Overlay zone merely imposes additional or different development standards than those that would otherwise apply. B. Title: The provisions of section 20A-19.7. shall be known as the "Riverfront District Urban Code." Sec. 20A-19.1.6.2. GENERAL A. Intent: 21 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 39 40 This Riverfront District Urban Code is designed to encourage development and redevelopment within the Riverfront District as described below by offering development incentives that are not otherwise available by this code including the promotion of traditional building types with arcades, balconies, and porches, the creation of a sense of place and the promotion of social interaction on the streets of riverfront section of Sebastian, mandated building alignments to define coherent streets, the location of outbuildings at the rear of lots, the aesthetic protection of the streetscape from parking lots, and traditional, durable construction which is harmonious with the architectural heritage known as the "Old Florida Fishing Village" of Sebastian. Sec.20A-19.1.6.3. URBAN STANDARDS AND REGULATIONS The following urban standards and regulations are governed by the categories of "BUILDING PLACEMENT," "OUTBUILDING," "P ARKING, " "ARCHITECTURAL FEATURES," and "BUILDING HEIGHT," related thereto as described in this Riverfront District Urban Code. A. Urban types: TYPE I TYPE II TYPE III TYPE IV TYPE V TYPE VI Commercial Low intensity residential/commercial; Resort; Downtown, Medium intensity residential/commercial; Waterfront; B. Location description: The following is the description of the location of the six Urban Types: Type I Beginning at the intersection of the east right-of-way line of the Florida East Coast Railroad and the north city limits, proceed east along the north city limits to the east right-of-way line of US 1, thence proceed north along said right-of-way line which is the city limits north to the end of the city limits, thence proceed south along the city limits to the west right-of-way line of North central Avenue, thence south along said right-of-way to the south property line of the City Cemetery, thence west along said property line to east lot line of parcel 30-30-38-00001-0060-00000.2, thence south along the east lot line of said to north right-of-way of Jackson Street, thence west along said right-of-way to the east property line of lot 5, block 22 . ' 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Type II 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 5, Ocean Breeze Heights Subdivision, thence south along the east property line of lots 5 and 10 , Block 5, Ocean Breeze Heights Subdivision to the north right-of-way line of Madison Street, thence east along said right-of- way to the east property line of lot 2, block 4, Ocean Breeze Heights Subdivision, thence south along the east property line of lots 2 and 13, Block 4, Ocean Breeze Heights Subdivision to the north right-of-way of Davis Street, thence east along said right of way, to the east lot line of parcel 21-30-38-00001-9999-00021.0, thence south along said parcel line to the south property line of parcel 21-30-38-00001-9999-00020.1, thence east along said lot line to the west right-of-way of North Central Avenue, thence south along the west east right-of-way line of North Central Avenue to Fleming Grant Line, thence west along Fleming Grant Line to the east right-of-way line of the Florida East Coast Railroad, thence north along said right-of-way line to the point of beginning. Beginning at the intersection of the west right-of-way line of North Central Avenue and the north city limits proceed easterly along the north city limits to the west right-of-way of Indian River Drive, thence south along said right-of-way to the north right-of-way line of Davis Street, thence westerly along said right-of-way line to the east right-of-way line of North Central Avenue, thence south along said right-of-way line to the south lot line of parcel #2130380001999900011.0, thence east along said lot line to the west lot line of parcel 213 03 80000 19999000 15.0, thence south along the west lot line of parcel 21303800001999900015.0 to the north lot line oflot 11, Block 1, Indian River Hills Subdivision, thence west along said lot line to the east lot line of lot 1, Block 1, Indian River Hills Subdivision, thence south along the east lot line oflots 1, 2, 3, 4, and the north half of lot 5, Block 1, Indian River Hills Subdivision to the line diving lot 5 in half, thence west along said line to the west right-of-way of North Central Avenue, thence north along said right-of-way line to the south lot line of parcel 21-30-38-00001-9999-00020.1, thence west along said lot line to east lot line of parcel 21-30-38-00001-9999-00021.0, thence north along said lot line to the north right of-way of Davis Street, thence west to the east lot line oflot 13, Block 4, Ocean Breeze Heights Subdivision, thence north along the east property lines of lots 13 and 2, Block 4, Ocean Breeze Heights Subdivision to north right-of-way line of Madison Street, thence west to the east property line of lot 10, Block 5, Ocean Breeze Heights Subdivision, thence north along the east property line of lots 10 and 5, Block 5, Ocean Breeze Heights Subdivision to the north right-of-way of Jackson Street, thence east along said right-of way to east lot line of parcel 23 1 2 3 4 5 Type III 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Type IV 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 Type V 39 40 30-30-38-00001-0060-00000.2 , thence north along said lot line to the south lot line of the City Cemetery, thence east along said lot line to North Central Avenue, thence north to the point of beginning. Beginning at the intersection of the west right-of-way line of Indian River Drive and the north right-of-way line of Davis Street proceed south along the west right-of-way of Indian River Drive to south township line of township 30s, thence west along said township line to the east right-of-way line of North Central Avenue, thence north along said right-of-way line to south lot line of the north half of lot 5, Block 1, Indian River Hills Subdivision, thence east along said lot line to the west lot line of lot 5, Block 1, Indian River Hills Subdivision, thence north along the west lot line oflots 1, 2, 3, 4, and lot 5, Block 1, Indian River Hills Subdivision to the north lot line of lot 11, Block 1, Indian River Hills Subdivision, thence east along said lot line to west lot line of parcel 21-30-38-00001-9999-00015.0, thence north along said lot line to the south lot line of parcel 210303800001999900011.0, thence west along said lot line to the east right-of-way of North Central Avenue, thence north along said right-of- way line to the north right-of-way line of Davis Street, thence east along said right-of-way line to the point of beginning. Beginning at the intersection of the south township line of township 30s and the west right-of-way line of Indian River Avenue, proceed south along the west right-of-way line of Indian River Drive to the south lot line of lots 3 and 4 of the first addition to the City of Sebastian, thence west along said lot line to the west right-of-way line of US 1, thence south along said right-of-way line to the south property line of lot 16 of Vickers Bros. Subdivision, thence west along said lot line to the west lot line of lot 16, thence north along the west lot line oflots 14, 15, and 16 of Vickers Bros. Subdivision to the south lot line of the parcel located between lots 11, 12, and 13 of Vickers Bros. Subdivision and the Florida East Coast Railroad, thence along said lot line to the east right-of-way line of the Florida East Coast Railroad, thence north along said right-of way to the Fleming Grant line, thence east along Fleming Grant Line to the south township line of township 30s, thence east along said township line to the point of beginning. Beginning at the intersection of the south lot line of lot 4 of the first addition to the City of Sebastian and the west right-of-way line of Indian River Drive, thence south along the west right-of-way line of Indian River 24 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 39 40 Drive to the south city limits, thence west along said city limits to the east right-of-way line of the Florida East Coast Railroad, thence north along said right-of-way line to the south property line of a parcel located between lots 11, 12, and 13 of Vickers Bros. Subdivision and the Florida East Coast Railroad, thence east along said lot line to the west lot line of lot 14 of Vickers Bros. Subdivision, thence south along the west lot line oflots 14, 15, and 16 of Vickers Bros. Subdivision to the south lot line of lot 16 of Vickers Bros. Subdivision, thence east along said lot line to the west right- of-way of US , thence north along said right-of-way to the south lot line of lot 3 of the first addition to the City of Sebastian, thence east along the south lot line of lots 3 and 4 of the first addition to the City of Sebastian to the point of beginning. Type VI Beginning at the intersection of the west right-of-way line of Indian River Drive and the north city limits proceed easterly along the north city limits to the east city limits, thence southerly along the easterly city limits to the southern city limits, thence westerly along the southern city limits to the west right-of way line of Indian River Drive, thence north along the west right-of-way line to the point of beginning. C. Specifications: 1. TYPE I -COMMERCIAL a. Description The TYPE I urban space is characterized by large buildings, parking, and minimal open space. The purpose of the TYPE I is to provide for opportunities to develop general commercial establishments. b. Building Placement. (1) The front building facade shall be constructed with a setback often feet. (2) The side setbacks are a minimum of ten feet. The side setback shall be 15 feet when a commercial use is abutting a 25 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 39 40 v C '" \.iVj ",.Ali , residential use. (3) The rear setback is 1 0 feet. The rear setback shall be 3 0 feet when a commercial use is abutting a residential use. (4) The width of the principal building shall be not more than 90% of the lot width. (5) The floor area ratio is .6. (6) The maximum impervious surface ratio is 80%. (7) The minimum open space is 20%. (8) The minimum green area is 20%. c. Outbuilding. (1) outbuildings are permitted. d. Parking. (1) Parking shall not be located within ten feet of the front and side property lines but may otherwise be located anywhere on the property. Parking shall not be located within twenty feet of property which has a residential use. (2) All parking areas shall be screened by a landscape buffer. e. Additional Architectural Features. (1) None required. f. Building Height. (1). The maximum building height is the lesser of three stories or thirty-five feet measured from the crown of the lowest adjacent road. 2. TYPE II - LOW INTENSITY RESIDENTIAL/COMMERCIAL 26 . . 1 2 a. Description 3 4 The TYPE II urban space is characterized by low density uses 5 dominated by open space. Parking is not a major feature on the 6 site. The purpose of the TYPE II urban space is to preserve the 7 existing low density residential areas of the Riverfront district. 8 9 b. Building Placement. 10 11 (1) The front building facade shall be constructed with a 12 setback of thirty feet. 13 14 (2) The side setbacks are ten feet. 15 16 (3) The rear setback shall be twenty feet. 17 18 (4) The width of the principal building shall be not more than 19 75% of the lot width. 20 21 (5) The floor area ratio is A. 22 23 (6) The maximum impervious surface ratio is 55%. 24 25 (7) The minimum open space is 50%. 26 27 (8) The minimum green area is 45%. 28 29 c. Outbuilding. 30 31 (1) One outbuilding per lot. 32 33 d. Parking. 34 35 (1) All parking areas shall be located behind the front building 36 facade and not within ten feet of the side or rear property 37 line. 38 39 (2) All parking areas shall be screened by a landscape buffer. 40 27 I 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 39 40 e. Additional Architectural Features. (1) Porches on the front building facade are encouraged . Porches shall have a minimum depth of four feet and a minimum length of 20% of the building width. On corner properties, porches may be constructed along both street facades. (2) Wood picket fences, wrought iron fences or landscape buffers are encouraged along the front property line and on corner lots, along the side property line. Arbors and trellises are permitted in the front yard and may be located along property lines. Except for arbors and trellises, the minimum height of fences shall be three feet and the maximum height shall be four feet. The maximum height for arbors and trellises shall be ten feet. Above fences, architectural features of up to twelve inches shall be allowed. Such features shall be spaced a minimum of ten feet apart. Chain link fences are not permitted in the front yards. Walls are discouraged. All wall shall be constructed of brick or other decorative materials and shall not exceed 4 feet in height. f. Building Height. (1) The maximum building height is the lesser of three stories or thirty-five feet measured from the crown of the lowest adjacent road. 3. TYPElII--RESORT a. Description The TYPE III urban space is characterized by large buildings with significant open space with lush landscaping. The purpose of the TYPE III urban space is to preserve the existing time share/hotellbed & breakfast character of the area. The TYPE III area is also intended to establish and preserve the high quality, well landscaped development in the area. 28 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 39 40 b. Building Placement. (1) The front building facade shall be constructed with a setback of twenty-five feet. (2) The side setbacks shall be fifteen feet. (3) The rear setback shall be fifteen feet. (4) The width of the principal building shall be not more than 80% of the lot Width. (5) The floor area ratio is .5. (6) The maximum impervious surface ratio is 70%. (7) The minimum open space is 35%. (8) The minimum green area is 30%. c. Outbuilding. (1) Outbuildings are permitted. d. Parking. (1) All parking areas shall be located to the side or rear of the principal building. No parking shall be located within ten feet of the side or rear property line. (2) All parking areas shall be screened by a landscape buffer from the street. e. Additional Architectural Features. (1) Porches and balconies are encouraged. (2) Wood picket fences, wrought iron fences or hedges are encouraged along the front property line and on corner 29 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 39 40 lots, along the side property line of the adjoining street. Arbors and trellises are permitted in the front yard and may be located along property lines. Except for arbors and trellises, the minimum height shall be three feet and the maximum height shall be four feet. The maximum height for arbors and trellises shall be ten feet. Above fences, Architectural Features of up to twelve inches shall be allowed. Such features shall be spaced a minimum of ten feet apart. Chain link fences are not permitted in the front yards. Walls are discouraged. All wall shall be constructed of brick or other decorative materials and shall not exceed 4 feet in height. f. Building Height. (1) The maximum building height is the lesser of three stories or thirty-five feet measured from the crown of the lowest adjacent road. 4. TYPEIV--DOWNTOWN a. Description The TYPE IV urban district is characterized by pedestrian oriented development. The intent of the TYPE IV urban district is to establish a "downtown" area for the City in the Riverfront district. b. Building Placement. (1) The front setback is zero feet for buildings existing prior to March 11, 1998. For structures constructed after March 11, 1998, the front setback shall be 5 feet. (2) The side setback is five feet. (3) The rear setback is 10 feet, 30 feet when a commercial use is abutting a residential use. (4) The width of the principal building shall be not more than 30 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 39 40 .' , . 50% of the lot width east of US 1, 80% for lots west of US 1. (5) The floor area ratio is .5. (6) The maximum impervious surface ratio is 80%. (7) The minimum open space is 20%. (8) The minimum green area is 20%. c. Outbuilding. (1) Outbuildings are not permitted. d. Parking. (1) All parking areas shall be located to the side or rear of the principal building and not within ten feet of the side or rear property line. (2) All parking areas shall be screened by a landscape buffer from the street. e. Additional Architectural Features. (1) Arcades, porches and balconies are encouraged. f. Building Height. (1) The maximum building height is the lesser of three stories or thirty-five feet measured from the crown of the lowest adjacent road. 5. TYPE V - MEDIUM INTENSITY RESIDENTIAL/COMMERCIAL a. Description The TYPE V urban district is characterized by low to medium density residential and commercial development. The buildings are 31 1 not as big as what would be allowed in the TYPE I or TYPE 111 2 district. Open space is a major feature of the design of the site. 3 The purpose of the TYPE V district is to preserve the low to 4 medium intensity development in the area. 5 6 b. Building Placement. 7 8 (1) The front building facade shall be constructed with a front 9 setback of twenty-five feet. 10 11 (2) The side setback is ten feet. The side setback is fifteen feet 12 when a commercial use is abutting a residential use. 13 14 (3) The rear setback is twenty feet. 15 16 (4) The width of the principal building shall be not more than 17 80% of the lot Width. 18 19 (5) The floor area ratio is .45. 20 21 (6) The maximum impervious surface ratio is 75%. 22 23 (7) The minimum open space is 30%. 24 25 (8) The minimum green area is 25%. 26 27 c. Outbuilding. 28 29 (1) One outbuilding may be located in the twenty foot rear 30 setback. The rear setback for an outbuilding is ten feet. 31 32 d. Parking. 33 34 (1) All parking areas shall be located to the side and rear of the 35 principal building. 36 37 e. Additional Architectural Features. 38 39 (1) Porches on the front building facade are encouraged . 40 Porches shall have a minimum depth of eight feet and a 32 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 39 40 .' , 6. : minimum length of 20% of the building width. On corner properties, porches may be constructed along both street facades. Balconies are encouraged. (2) Wood picket fences, wrought iron fences or hedges are encouraged along the front property line and on corner lots, along the side property line of the adjoining street. Arbors and trellises are permitted in the front yard and may be located along property lines. Except for arbors and trellises, the minimum height shall be three feet and the maximum height shall be four feet. The maximum height for arbors and trellises shall be ten feet. Above walls and fences, Architectural Features of up to twelve inches shall be allowed. Such features shall be spaced a minimum of ten feet apart. Chain link fences are not permitted in the front yards. Walls are discouraged. All wall shall be constructed of brick or other decorative materials and shall not exceed 4 feet in height. f. Building Height. (1) The maximum Building Height is the lesser of three stories or thirty-five feet measured from the crown of the lowest adjacent road. TYPE VI -- WATERFRONT a. Description The TYPE VI urban district is characterized by maintaining vistas to the Indian River and small building sizes. The purpose of the TYPE VI district is to preserve visual access to the waterfront while providing reasonable opportunities for limited development. b. Building Placement. (1) The front building facade shall be constructed with a front setback of fifteen feet. (2) The side setbacks are fifteen feet. (3) The rear setback for all structures is five feet from the mean 33 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 39 40 .' high water line. (4) A minimum twenty foot vista shall be provided between principal buildings. (5) The width of the principal building shall be not more than 50% of the lot width. (6) If a building facade is 100 feet or more in width measured parallel to the nearest body of water, a vista of at least ten feet in width and eight feet in height shall be required within the building's facade to allow a visual corridor from the public right-of-way to the adjacent body of water. (7) The floor area ratio is .4. (8) The maximum impervious surface ratio is 80%. (9) The minimum open space is 30%. (10) The minimum green area is 20%. c. Outbuilding. (1) One outbuilding is permitted in the rear yard. Outbuildings shall be setback not less than fifteen feet from the side and rear property lines and shall not be located within a Vista. d. Parking. (1) Parking shall be located to the side of the principle building and shall not be located within ten feet of the front and side property. e. Additional Architectural requirements. (1) Porches on the front building facade are encouraged . Porches shall have a minimum depth of eight feet and a minimum length of 20% of the building width. On corner 34 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 D. 27 28 29 30 31 32 33 34 35 36 37 38 39 40 .. properties, porches may be constructed along both street facades. (2) Wood picket fences, wrought iron fences or hedges are required along the front property line and on corner lots, along the side property line on the adjoining street. Arbors and trellises are permitted in the front yard and may be located along property lines. Except for arbors and trellises, the minimum height shall be three feet and the maximum height shall be four feet. The maximum height for arbors and trellises shall be ten feet. Above walls and fences, Architectural Features of up to twelve inches shall be allowed. Such features shall be spaced a minimum of ten feet apart. Chain link fences are not permitted in the front yards. Walls are discouraged. All wall shall be constructed of brick or other decorative materials and shall not exceed 4 feet in height. f. Building Height. (1) The maximum Building Height is the lesser of two stories or twenty-five feet measured from the crown of the lowest adjacent road. Additional specifications and requirements: Storage sheds. One storage shed may be located on any lot within the Urban District. 2. Multiple Frontages. In the event a single lot abuts more than two streets, the setback and architectural requirements shall only apply to two street facades. 3. Conflicts with Utilities. In instances where the required location of a building, including architectural requirements, conflicts with existing utilities or other public infrastructure, the developer shall be required to relocate such utilities if the cost of relocation is less than 5% of the cost of the proposed building or improvements (excluding land value), and the utilities can be relocated within 150 feet of the subject property. 35 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 39 40 Otherwise, the Community Development Department may recommend adjustments to the requirements of this Riverfront District Urban Code to rectify any conflicts with utilities or other public infrastructure. No utilities shall be located beneath a principle building. Any decision regarding the relocation of utilities or public infrastructure may be appealed to the City Council. 4. Historic Buildings. The Community Development Director or the Planning and Zoning Commission may recommend that requirements of this Riverfront District Urban Code be waived by the City Council for the purposes of preserving a Historic Building. E. Front yard: In those Urban Types in which require a front yard, the following uses shall be prohibited: 1 . Clothes lines and other clothes drying apparatus. 2. Electrical meters. 3. Air conditioning equipment including window units on the Building Facade. 4. Chain link fences. Sec.20A-19.1.7 RIVERFRONT DISTRICT LANDSCAPE CODE Sec.20A-19.1.7.1. LANDSCAPE REQUIREMENTS A. Purpose: The purpose of the Riverfront District Landscape Code is to emphasize the impact of landscape design and maintenance on the health of the Indian River Lagoon and to enhance the beauty of the Riverfront District. B. Intent: The intent of the Riverfront Landscape Code is to promote wise landscape design that can benefit the Indian River Lagoon with reduced irrigation, fertilization, and pest control needs. 1. Encourage the use of native plants. Large oaks and cabbage palms are among the many native plants which can give the feel of "Old Florida 36 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 C. 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 Fishing Village". Native plants properly sited can minimize maintenance costs and compliment the historic appeal of the Riverfront District. 2. Put the right plant in the right place. Encourage the use of plants suited to the soil conditions rather than the use of soil amendments. 3. Native plant list. This list of native plants is intended to assist the landowner choose landscaping that will survive into the future with minimal impact to the Indian River Lagoon. 4. Maintenance plan. The intent of the maintenance plan is to consider future maintenance costs and impacts to the Indian River Lagoon through the planning process. Requirements: All development in the Riverfront District shall comply with the Landscaping requirements as described in Division III. Landscape and Tree Ordinances an shall comply with the following additional requirements: 1. Landscape Strips a. The width of the perimeter landscape strips shall be determined by the required front, side and rear setbacks as described in the Riverfront District Urban Code. For residential uses, as defined in Sec. 20A-2.5.A., the perimeter landscape strips shall be 25% of those setbacks. F or community facility and commercial uses, the perimeter landscape strips shall be 50% of those setbacks, but not less than ten feet. When a zero front setback is allowed and is used, a front perimeter landscape strip between the building and the property line is not required. If the building is located within ten feet of the front property line, the front yard shall be landscaped. Where a commercial use abuts an existing residential use, the perimeter landscape strips shall be 75% of those side or rear setbacks as appropriate. b. The width of the interior landscaped strips located along the sides of a community facility and commercial building which abut any parking area shall be ten feet. 37 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 39 40 c. The width of the landscaped strip of land located between the building walls of a multi-family development and parking areas shall be five feet. d. Required perimeter and interior landscape strips shall not be used for any other uses including stormwater management. e. No more than 25% of the required perimeter and interior landscape strips shall be covered in sod or grass. f. All required perimeter and interior landscape strips not sodded or grassed shall be covered in recycled or environmentally friendly mulch. Cypress mulch is discouraged. Lava rocks or other dark rocks may be used in areas of high pedestrian traffic. River rock, gravel, pea rock, or similar material is discouraged for use in the required perimeter and interior landscape strips. g. Within the perimeter landscape strips, the following landscape shall be provided: (1) Three shrubs for every ten square feet of required area. (2) Ground cover or flowering plants. (3) One understory tree for every 100 square feet of required area. The understory tree can not be counted toward the canopy tree requirements of Division III, Landscape and Tree Ordinances. 2. Interior landscaping requirements a. Along the front, sides and rear of all buildings less pedestrian entranceways and loading zones, not to exceed 25% of the total perimeter of the building, the following foundation landscape strip shall be provided in accordance with building height. BuildinS! HeiS!ht up to 12' high 12' to 25' high Foundation Plantine: Strip Width 5 feet 10 feet 38 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 39 40 .' over 25' high 15 feet The purpose of the foundation landscape strip is to break up the mass of a building. Clustering of materials is encouraged to provide visibility to areas of the building face that have architectural features or signage. b. Foundation landscape strips may be located away from a building to avoid conflicts with architectural features (e.g. roof overhangs) and vehicular access areas (e.g. drive-up windows, load zones). The depth of the foundation landscape strip may be modified if the required foundation landscape strip exceeds the required building setback. c. Within such foundation landscape strips the following landscape shall be provided: (1) F or buildings up to 12' high: (a) Three shrubs for every ten square feet of required area. (b) Ground cover or flowering plants. ( c) The foundation landscape strips shall not be grassed and shall be covered in mulch or rock as provided herein. Lava rocks or other dark material may be used in areas of high pedestrian traffic. River rock, gravel, pea rock, or similar material is discouraged for used in the required perimeter and interior landscape strips. (2) For buildings 12' to 25' in height (a) One understory tree for every ten feet of foundation landscape strip. Trees may be clumped in group plantings. The understory trees may not count toward the required tree count required by Division III. 39 <' 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 39 40 d. (b) Three shrubs for every ten square feet of required area. (c) Ground cover or flowering plants. ( d) The foundation landscape strips shall not be grassed and shall be covered in mulch or rock as provided herein. Lava rocks or other dark material may be used in areas of high pedestrian traffic. River rock, gravel, pea rock, or similar material is discouraged for used in the required perimeter and interior landscape strips. (3) For buildings over 25' in height: (a) One canopy tree for every fifteen feet of foundation landscape strip. Trees may be clumped in group plantings. The canopy trees may count toward the required tree count required by Division III. (b) One understory tree for every ten feet of foundation landscape strip. Trees may be clumped in group plantings. The understory trees may not count toward the required tree count required by Division III. (c) Three shrubs for every ten square feet of required area. (d) Ground cover or flowering plants. (e) The foundation landscape strips shall not be grassed and shall be covered in mulch or rock as provided herein. Lava rocks or similar dark material may be used in areas of high pedestrian traffic. River rock, gravel, pea rock, or similar material is discouraged for used in the required perimeter and interior landscape strips. Buildings with a flat, blank, unarticulated, or massive facade shall 40 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 39 40 3. 4. .-t provide a 100% increase (doubling) in the required plant material quantities as specified above. Tree requirements a. The number of trees required shall be 25% more than that required by Division III. b. In order to encourage the installation of tall canopy trees within the Riverfront District, trees, other than palms, planted on the site, which are greater than twelve feet in height shall count as two canopy trees for meeting the required canopy tree count. c. In order to preserve the existing tall trees in the Riverfront District, each tree other than palms, in excess of 30' in height, which is preserved on the site shall have one additional tree credit over and above the credit provided for in Division III. d. Citrus trees are allowed. Required landscape plan a. Prohibited species of trees shall be identified and removed per procedures described in Division III . b. The landscape plan for all required perimeter and interior landscape strips shall include ground-cover, understory and canopy plant material. The ground cover and/or understory plant material shall be adequate to cover the landscape strip at the time of installation. c. The ground cover plant material shall be adapted to the lighting conditions which will result as the understory and canopy plants mature. It is recognized that as the understory and canopy plant material matures, the ground cover will be reduced in area covered. d. The understory plant material includes shrubs and hedges. e. The canopy plant material shall be sufficient to form a canopy over the required perimeter and interior landscape strips within five years. The canopy of the canopy plant material shall be encouraged 41 '1 .+ 5 (j ~ , 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 D. 25 26 27 28 29 30 31 32 ~~ .).) 34 35 36 37 38 39 40 , .. .n... 'n.,.,.,.,".,. f r~ to cominue over adjacent areas ~ ~ The lanescape ?[an shall :ndude an irrig 0 . .,...? .P the soii preparation and a maimenance pI. /V,/j.J.-- V For parceis e:m of Indian River Drive. / j'fto inci~de a desc:iption of .the existing ar -"'^) 1 () wetLlI1d ',-egetanon. 'Not onlv mam {J/V 0 f'-' herbaceous flowering plants should be us~ . the shoreline. The landscape plan shall pr the Indian River. g. h. A landscape maintenance plan shall be provided. The plan shall address irrigation, pest control, fertilization and mulch. Through the maintenance planning process, the recycling of landscape debris, such as grass clippings and leaves, should be part of the plan. 5, Other requirements a. For parcels east of Indian River Drive, the landscape plan shall include a description of the existing and proposed shoreline and wetland vegetation. Native Plants for the Sebastian Riverfront District 1. Native plants can help to preserve and foster the feeling of an "Old Florida Fishing village". These plants are well-adapted to Florida life and, properly-sited, thrive 'Nith minimal irrigation, fertilization, and pest control. Some of these plants, like oak trees and cabbage palms, are always available locally. Other plants, like the quick-growing railroad vine, are grown on a contract basis. The Association of Florida Native Nurseries can assist 'Nith availability information. The following plants are encouraged in the Riverfront District. Canopy trees Red maple........................ ........ .............. Paurotis paln1.......................................... Southern red cedar................................. Southern magnolia.... ......... ...... ............... Acer rubrum Acoelorraphe wrightii Juniperus siIicicola iYfagnolia grandiflora .+2 .. "-.~...'_._.,-_-","n~._,u,_.._.. .. "~.__''''''''''''~~._. .1- 5 6 7 8 9 - 10 II 12 13 14 15 16 17 18 19 20 21 22 ?'" -.) 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 .+0 2 Red mulberry.......................................... Redbay......................... _...... _ _......... _. _..... Sand pine.... ....... ..........,... ...................... South Florida slash pine........ _................ Live oak............. _. . . . . .... . .. . . . . . . _. ...... . . _ . . . . . ._ Sabal palm............................. _....... .... . . . . . Cypress................."................................ . Hercules club.......................................... 3 Understory trees Tough bumelia........................................ Buttonwood............................................ . Coralbean................ ............... .... ............ Florida privet.................. ........ ................. Dahoon holly.. ......................... ................ Black ironwood...................... .... ............. Simpsons stopper.................... ............... Wax myrtle.............................................. Sand live oak............................ .............. ShrubSlhedges Beautybeny... ........... .... ................ ........... Jamaica caper.~-:-:-............ .......... .............. Fiddlewood............................ ...... ........... Seagrape.. ................................. .............. Varnish leaf.............................. .... ........... Firebush.................................. ................ Florida privet........................................... Yaup on holly.. ................... .... ............ ...... Simpsons stopper.................... ...... ......... Wild coffee.... ............................. ............. Needle palm........... ........... ...... ...... .......... Saw palmetto........................... ............... Necklace pod.......................................... Walters viburnum.................... ................ Spanish bayonet....... .................. ............ 43 '. J\-forus rubra Persea borbonia Pinus clausa Pinus elliotti var. densa Quercus virginiana Sabal palmetto Taxodium sp. Zanthoxylum clava-herculis Bumelia tena,< Conocarpus erectus Erythrina herbacea Forestiera segregata llex cassine Krugiodendron ferreum Myrcianthes fragrans simpsoni Myrica cerifera Quercus geminata Callicarpa americana Capparis cynophallophora Citharexylum fruiticosuni Coccoloba uvifera Dodonaea viscosa Hammelia patens Forestiera segregata Ilex vomitoria Myrcianthes fragrans simpsoni Psychotria nervosa Rhapidophyllum hystrix Serenoa repens Sophora tomentosa Viburnum obovatum Yucca aloifolia 44 RIVERFRONT DISTRICT SIGN REGULA nONS 39 40 Sec. 20A-19.1.8. Approval for changes of Landscaoe Plan Required: Any change of a landscape plan in the Riverfront District, originally required to comply with these landscape requirements, shall require review and approval by the Community development Depanment. Such changes shall include, but not be limited to, changes of plant material, height, location, colors, or hardscape materials. Routine maintenance and replacement of materials which does not affect the approved landscape plan shaIl be exempt from this paragraph. Acrostichum danaeifolium A vicennia gemllnans Borrichia frutescens Ipomoea pes-capre Laguncularia racemosa L ycium carolinianum Rhizophora mangle S partina sp. Canavalia rosea Emodea lirtoralis Flaveria linearis Gaillardia pulchella Heliamhus debilis Hymenocallis latifolia Hex vomitoria var Schellings Ipomoea pes-capre I va imbricata Lonicera sempervirens Muhlenbergia capillaris Neprolepsis biserrata Ruellia caroliniensis Salvia coccinea Tradescantia ohiensis lamia pumila . Giant leather fern.................................... B lack mangrove...................................... Sea-oxeye daisy. ......... .............. ............. Railroad vine.. ............. ........... ............ ..... White mangrove'. ............... ....... .............. Christmas berry..... ................................. Red mangrove............ ...... ..... ................. Cordgrass.............................................. . Along the shoreline Beach bean........,............. . Golden creeper... "................ Yellowtop...,............ ..........,. Blanket tloweL......,.......... Beach dune sunilower............................ Spider lily.. ................. .................. ........... Dwarf yaupon holly................................. Beach morning glory.............................. Beach elder............... ............................. Coral honeysuckle.. ............. ................... MuWy grass..................................,.......... Boston fern............................................ Wild petunia. ....... .................................... Red sage................................................ Spiderwort.......... ........... ............ .............. Coontie.................................................. . Ground covers 38 34 35 36 37 33 30 31 32 E. .+ 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 2'+ ., . -) 26 27 28 29 ., ,J 2 Sec. 20:-\-19.1.8.1 J ~ A. 5 6 7 3 9 - fo 11 12 lJ 1~ 15 16 B. 17 18 19 20 C. 21 22 .,... ~..l 2-+ .,. ..::J 26 27 28 29 30 31 32 33 34 35 36 37 D. 38 39 ~o GENERAL Scooe: This anicle shall be cited as the "Riverfront District Sism Ordinance" - - . This Riverfront District Sign Ordinance consists of additional requirements above and beyond the City of Sebastian Sign Ordinance (A...rticle XV) and shall supersede any less restrictive provisions found in the City of Sebastian Sign Ordinance. All signage shall comply with the requirements of Article XV except as modified by this Riverfront District Sign Ordinance. The following sign ordinance requires compliance for all signage in the Riverfront District as stated herein. This also pertains to any alterations affecting signage. Compliance with the provisions in this code shall be reviewed for approval by the Community Development Department. Precedence shall not be set by any sign variances or waivers approved by the Board of Adjustment or Planning and Zoning Commission. Intent: It is the intent of this code to use wide-base monument signs in the Riverfront District. All signs within the District are intended to be consistent with and further the "Old Florida Fishing Village Theme". Sign Review Requirements: In addition to requirements of Article XV, Sign Regulatiop, the following is to be submitted for approval to the Community Development Department: 1. Sign Elevations (minimum scale: 3/4" = 1'-0"): These are to be detailed drawings of all signage requiring a permit. Drawings are to include all items affecting the appearance of signs, including, but not limited to: dimensions, area in sq. feet, complete description of finish materials and their colors, and method of illumination. This is required for all outdoor signs except those which cannot be detennined because the occupancy of the space is not known. Any signs not approved for this reason must be approved prior to the issuance of a sign pennit. 2. Color samples (minimum sample sizes: 3" x 5"): signage color samples shall be submitted, using the Pantone Matching System @ numbers. Include the color number on the back of each sample. Aooroval for Chanl$e of Sign Design Required: Any exterior change of signage in the Riverfront District, originally required to comply with this sign ordinance, shall require review and approval by the Community Development Department. Such changes shall include, but not be limited to, changes of: sign area (square 45 2 .J ,j. 5 6 E. -; 8 9 - - 10 11 12 13 1,j. 15 16 17 18 19 20 21 22 ?~ _.J 24- 25 26 27 28 29 30 31 32 33 3-/. 35 36 37 38 39 footage), sign copy area (square footage), sign copy (this does not apply to "changeable copy" sign age ), height, shape, style, location, colors, materials, or method of iilumination. Routine maintenance and replacement of materials which does not affect the approved design shall be exempt from this paragraph. Prohibited Signs (This is in addition to Section 20A-] 5.4 of the LDe): The following signs would not be considered appropriate for the Rivertront District and are prohibited: 1. Lights or illuminations that flash, move, rotate, scintillate, blink, flicker, or vary in intensity or color, except for time-temperature-date signs. Public signs for traffic regulation and directional signs are excluded from this prohibition. 2. Message boards, message centers, electronic adjustable alternation displays, or any sign that automatically displays words, numerals, and or characters in a programmed manner. Public signs for traffic regulation and directional signs are excluded from this prohibition. 3. Portable or trailer style changeable copy signs. 4. Signs with the optical illusion of movement by means of a design that presents a pattern capable of giving the illusion of motion or changing of copy. 5. Strings of light bulbs used on non-residential structures for commercial purposes; other than traditional holiday decorations at the appropriate time of the year. 6. Signs that emit audible sound, odor, or visible matter, such as smoke or steam, 7. Window signs. A cumulative total of fifteen percent (15%) of window area per building face may be used for display of business name, business hours, entrance or exit information., credit card or membership signs, temporary windows signs, signs required by state law, phone number and permit numbers of the business located in the building, restaurants menus, or flyers or posters related to not for profit organizations. Permanently affixed window signs for the store's name and address are pennitted. A 4-6 6 ., j 8 9 10 11 12 13 1-1- 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 3-1- 35 36 37 38 39 -1-0 .2 J 4. 5 11. cumulative :otal .Jf nventy percenr (20%) of glass doors may be used for similar dispiays. s Plastic or glass sign faces (induding but not limited to: acrylic, Lexan@, or Plexiglas@). High density polyurethane and PVC are exempt from this prohibition. Ponions of a sign which are changeable copy are exempt from this prohibition. When used in conjunction with cut-out or routered metal cabinets, plastic used only for copy or logos is exempt from this prohibition. Plastic used for illuminated individual channel letters or logos is exempt from this prohibition. Although highly discouraged, a plastic sign face will be allowed only when all of the following requirements are met for the plastic pomons of a sign: a. Plastic shall be pan formed faced. (embossed and/or de-bossed copy and logos are encouraged) b. Regardless of the opaqueness of a sign, all plastic signage backgrounds shall be a dark color (the intent here is to reduce light transmission from signage background); All signage background colors shall be iirnited to those colors with a formula having a minimum black content of 11 %, and a maximum content of 49% for any shade of white. Color formulas will be based on the Pantone Matching System@. c. All color must be applied on the "second surface" (inside face of plastic). d. Nothing shall be applied to the "first surface" (outside face of plastic) (i.e.: paint, vinyl, etCh) 9, Neon lighting, fiber optics, or similar systems which exceed six square feet in area, five feet from a window, and where the neon tube fiber optic or similar system is visible from the outside is prohibited. Neon lighting, fiber optics, or similar system shall not be used for outlining the building induding the windows. 10. Rough plywood used for permanent signs. Any material used in such a manner for a permanent sign that results in; 47 2 -' .+ j (j - I 8 9 E. 10 II 12 13 1.+ 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 a. A sign having a semblance to the look of a temporary sIgn but intended by the owner to be permanent 13 Excluding illuminated individual channel letters, individual plastic or wood letters exceeding four (4) inches in height are prohibited for use on any permanent monumem, freestanding, wall, or facade signs Items that are Encouraged: 1. Attractive and durable materials such as the following and are consistent with the "Old Florida Fishing Village" theme are encouraged: a. Shaped and fashioned "wood look" multi level signs are encouraged (i.e.: sand blasted or carved). Considering the extreme weather conditions in our area, a low maintenance, durable material such as high density polyurethane, PVC, and high perfonnance vinyl are encouraged and preferred over actual wood or NIDO. b. Internally illuminated aluminum cabinet with textured finish, and cut-out inset or push through acrylic letters. c. Backlit reverse pan channel letters (opaque faced) mounted on sign that is hannonious with the project's architecture. d. Encourage consistency in materials and continuity of the sign design for a permanent sign: installation of an additional sign (or signs) that harmonize with the design or materials of the initial sign. Examples of signage that is to be prohibited include: a. Installation of a rear illuminated plastic faced sign with a "wood look" front illuminated sign. b. Combining signs with cabinets, faces or structure of awkwardly different materials or proportions. c. Attachment or mounting of signs where mounting hardware is left exposed. d. Signs with different color cabinets, frames, structure. 48 2 .3 .J. 5 6 7 8 9 10 11 F. 12 13 1.J. 15 16 17 18 19 20 21 22 ?~ _J 2.J. 25 26 27 28 29 G. 30 .31 ~? J_ 33 34 35 36 37 38 39 40 'i Signage that relates to the building's style of a!"chitcc:~ure and materials is encouraged. 3. The use of thematic signage is encouraged. 4. Changeable copy signs are discouraged. \\ihe,e allowed by this Article, changeable copy signs are encouraged to have a dark opaque background with translucent lettering. Modifications and Additions to Definitions in Section 20A - 15.2 1. The following definitions are added to Section 20A - 15.2 a. Abandoned sign; any sign that has not been used for six months or that the occupational license of the business owning the sign has not been renewed. b. Awning sign; any awning with lettering shall be considered a sign. Where lettering is used on an awning, the area of lettering shall be included in the percentage limitation of a project's sign area. b. Permanent sign; any sign allowed to be displayed for an unlimited period of time. c. Wide-based sign monument; a freestanding sign with a solid base 'having a width equal to or greater than the width of the sign. Modifications of Si~ Resrulations 1. Maximum copy area: Reduce to 50% of what is allowed. 2. Maximum area: Reduce to 50% of what is allowed. 3. Maximum height: Reduce to no less than six (6) feet and no greater than ten (10) feet. 4. Required setbacks from property lines or right-of-way: No change. 5. Distance separating signs: No change. -1-9 4 H, :5 () - I 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 ?"' _..1 24 ? - -) 26 27 28 29 30 31 32 -' ;) Billboards: none allowed in the Rive;.:-om District, Colors: The following colors are encouraged ~Jr signage: a. Use of eanh-tone colors and pastels. b. Darker backgrounds with light color sign copy. c. Use of colors that match or are compatible with the project's architecture. d. Colors such as medium or dark bronze are acceptable and encouraged. Polished or weathered true bronze, brass, or copper metal finished are acceptable and encouraged. Precious metal colors are allowed on sand blasted or carved "wood look" style SIgnS. 2. The following colors are prohibited for signage: a. The use of shiny or bright metallic or mill finish colors (i. e. : gold, silver, bronze, chrome, aluminum, stainless steel, etc...) is prohibited. b. "The use of garish colors (induding but not limited to: purple, chartreuse and/or fluorescent colors) is prohibited, unless such colors are part of a State or Federal registered trademark. Color choices which are considered unusual should submit early in the review process. These colors are less likely to receive approval. 33 Sec. 20A-19.1.8.2 34 35 A. 36 37 38 39 40 SPECIAL PROVISIONS Multi-tenant svaces: In addition to the provisions in Sec. 20A-19.1. 8.1, multi- tenant spaces such as shopping centers, out parcels, commercial complexes and parks, and office complexes and parks will be required to submit to the Community Development Department a sign program for review and approval. This sign program shall communicate the coordination and consistency of design, colors, materials, illumination, and locations of signage. In multi-tenant spaces 50 2 - + 5 B 6 '7 S 9 - -10 11 12 13 1-1- 15 16 17 18 19 20 21 22 .,- _J 24 25 26 27 28 29 30 31 32 33 3-1- 35 36 37 38 39 -1-0 where no established pattern exists as described above, the owner of the multi- tenant spaces shall be required to submit a sign program for approval prior to issuance of any new sign pennits. 0Jonconforming si!Zns: It is the intent of See 20A-l91. 8. to allow nonconforming signs pennitted before the adoption of this Code to continue until they are no longer used, or become hazardous, but not to encourage their survival. Such signs are hereby declared to be incompatible \'lith the overall intent of Sec. 20A-19.l.8. 1. Removal of Nonconfonnin~ Si~s: All nonconfonning signs, except as provided herein, shall be removed as othenvise provided in Sec. 20A- 19.1.8.2.B. 2. Continuance of Nonconforming SilZns: A nonconforminlZ Sign may be continued, subject to the following provisions: a. A nonconforming sign shall not be enlarged or increased in any way from its lawful size at the time of the adoption of this Code. b. Nonconforming signs or nonconforming sign structures that are defined as abandoned signs, under Sec. 20A-19.l. 8.l.F.l.a., shall not be permitted for reuse. c. Except as othenvise provided herein, there may be a change of tenancy or ownership of a nonconforming sign, without the loss of nonconforming status, if the property is not abandoned. 3. Reoairs. Maintenance. and Imorovements: Normal repairs, maintenance, and improvements may be made. However, the cost of such improvements made during any two year p~od shall not exceed 25% of the replacement cost of the sign at the end of the two year period. 4 Reconstruction: If any nonconfonning sign is damaged to such an extent that the cost of repair and reconstruction will exceed 50% of the replacement cost at the time of damage, it shall not be used or reconstructed except in full conformity with the provisions of this Code. 5. Casual. Temoorarv. or TIIe~al Use: The casual, temporary, or illegal use of any sign shall not be sufficient to establish the existence of a nonconfonning use or to create any rights in the continuance of such use. 51 ~ ~ " 6 3 9 - ro 11 12 13 1-+ 15 16 17 18 19 20 21 D. 22 J~ _J 2.+ 25 26 27 28 29 30 31 32 33 E. , I .).,. 35 36 37 38 39 .+0 6 :\fodification to existing nonconforming signs to meet comoJiance: eXlstmg nonconforming signs may be modified in order to meet compliance with Sec. 20A-19.1. 8.. Modified signs will be subject to the provisions in Sec. 20A-19.1.8.. C Freestanding Signage: 1. All freestanding signs shall be of a side-based monument style. Poles may be used to support such a sign . The supporting structure shall be visible for no more than two feet in height from grade. Base should be constructed of substantial materials. Pole signs are permitted when the supporting structures are completely screened from view with landscaping or berm features. 2. Any freestanding signs constructed from flat panel material such as high density polyurethane, MDO, sheet metal, or the like, shall have a distance of no less than 8" from face to face, and shall be enclosed on all sides to cover internal frame. Wall Si!ffiage: 1. The maximum venical dimension of a facade or wall sign shall not exceed 25% of the building height, not to exceed four (4) feet. 2. Awnings with lettering shall be considered a wall sign. Where lettering is used orran awning, the area of lettering shall be included in the percentage limitation of a project's sign area. 3. Wall signs (facade signs) are prohibited on roofs. Also see the LDC's Section 20A-15.7.C.2. Changeable Coov Signs: Changeable copy signs shall be regulated under the following guidelines. This Subsection shall not include electronic message boards which are prohibited under Sec. 20A-19.1. 8., except time-temperature-date displays. 1. Freestanding Signs: changeable copy SIgns are prohibited except as described herein below. 52 . . 2 3 .+ 5 6 7 8 9 10 11 12 13 1.+ 15 16 17 18 19 20 21 22 ?~ _.J e. F. Illumination: a. Changeable copy signs shall not comprise more than :5% of the pennitted sign area and shall be included as pan of the permitted sign area.. except as described herein below. b. Motor vehicle ser-v'ice srations and convenience stores with gas pumps may utilize up to 100% of pennitted sign area for changeable prices of gasoJines only (or as regulated by federal law). c. Movie theaters may utilize up to 80% of pennitted sign area for display of names of films, plays or other perfonnances currently showing. Such changeable copy areas shall be included as pan of the pennitted sign area. d. Houses of worship may utilize up to 50% of pennined sign area for changeable copy. Changeable copy signs shall be prohibited for office, industrial and residential uses. 1. All external flood sign illumination shall be mounted at grade, directly in front of the sign area.. Light source shall be completely shielded from oncoming motorist's view. 24- 25 26 27 28 29 (Lexan@, Plexiglas@, 'and Pantone Matching System@ are all registered trademarks.) 30 Section 2. CODDleA TION. It is the intention of the City Council of the City 31 of Sebastian, Florida, that the provisions of this Ordinance sha1I become and be made pan of 32 the Land Development Code for the City of Sebastian, Florida, and that the sections of this 33 Ordinance may be renumbered, relettered, and the word "ordinance" may be changed to 34 "Section", "Article", or other such word or phrase in order to accomplish such intention. 53 .. .. Section 3. SEVERABILITY. If any section or part of a sectIon of this 2 Ordinance is declared invalid or unconstitutional, the validity, force and effect of any other 3 section or part of a section of this Ordinance shall not thereby be affected or impaired unless it -I- clearly appears that such other section or part of a section of this Ordinance is wholly or 5 necessarily dependent upon the section or part of a section so held to be invalid or 6 unconstitutional. . 7 Section 4. CONFLICT. This Ordinance shall prevail over all other Ordinances 8 which are in conflict with this Ordinance. If any clause, section, or part or other application of 9 this Ordinance shall be held by any Court of competent jurisdiction to be unconstitutional or 10 invalid, such unconstitutional or invalid part or application shall be considered as eliminated and 11 in no way affecting the validity of the remaining portions or applications remaining in full force 12 and effect. 13 Section 5. EFFECTIVE DATE. This Ordinance shall go into effect immediately 14 upon its passage and adoption and authentication by the signature of the presiding officer and 15 Clerk of the City Council. 16 The foregoing Ordinance was moved for adoption by Councilmember 17 ~Ltt(LJaz UtLIh.-c/SL/ The motion was seconded by Councilmember 18 and, upon being put to a vote, the vote was as follows: 19 20 21 22 Mayor Walter W. Barnes Vice Mayor Richard 1. Taracka Councilmember Louise R Cartwright Counci1member Larry Paul a~~ f.1t -I" f ~L 5-1- 7 8 9 10 ATTEST: :~ ~Lfttl)/ f)Ij,p/!A~ 13 Kathryn M./ 'Halloran, CMC/ AAE 14 15 16 17 18 19 20 21 22 .- . . 23 .. ... .. 2 Councilmember Ruth Sullivan (U/L J The yrayor thereupon declared :.:...is Ordinance duly passed and adopted this !!!day of li'(L(t!. , 1998. I J ..j. 5 CITY OF SEBASTIAi'I, FLORIDA By: \Nc~~f\ h) .~ ,,~A . 6 Walter W, Barnes, Mayor (Seal) Approved as to Form and Content: Valerie Settles City Attorney 55