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Home My WebLink About01/14/2000 · Sebastian, Flori.d,a_ 1225 Main Street ~ F~ T~ephone {561) 589-5330 ~t information Letter January 14, 2000 ~al Articles for Review Attached you will find additional revised Land Development code Articles for ur review. As discussed during the December 15t~ City Council meeting, yo .... ,.,~,, aocuments wilt be forwarded as the review process made by growth supptemumo' ~ ~ progresses, until all respective revisions have been management department staff. please be advised that Ranger Construction Inc. will resume paving along thoroughfares east of Barber Street. ApparentlY, a number of residents held the misunderstanding that work was complete in this area while in fact, only an initial leveling course was applied. As such, beginning this Monday, Ranger will commence with the second phase of the program, which entails the final overlay for streets in this area. It's officialt The Sebastian Greyhound Bus Stop has resumed, effective -fuesday January 11th. AS suCh, Cease find the attached letter and rough schedute information as faxed to the City Manager's Office earlier this week however that the operation is definitely .~ · ' t to read...understa, nd ,_,^,,~,,,n calls from interested bacK...). '" "~"-' this service in the residents who appreciate having continue to work with Greyhound Bus Lines in establishing an agency whereby tickets can actually be purchased here in town. City Council Information Letter January 14, 2000 Page 2 Civic Tracker ProRram Installation. Please be advised that arrangements are currently being made to install the Civic Tracker computer program on the City of Sebast'an s system. This arrangement is actually possible as a result of an order placed last year to procure the necessary software. As such, the program will be in use in the near future, as test runs are currently being performed on a few terminals here in City Hall. Feel free to visit if you are interested in trying it out[ Grand Reo enin Celebration - Barber Street Fire Station Earlier this week, I spoke to Mr. Doug Wright, Indian River County Director of Emergency Services about arrangements relative to completing the Barber Street Fire Station Improvement Program. ~ am pleased to report that the full operation (including new ambulance and other services) officially began Monday, January 3rd In addition, arrangements are still being coordinated to host an official ceremony to commemorate the expansion in the coming weeks. County Commissioner Fran Adams is the contact person. She will therefore be happy to provide any additional information accordingly. ~n Jr. Holida Observance Just as a reminder that non-emergency municipal operations will cease Monday, January 17th in observance of the Dr. Martin Luther King Jr. Holiday. As you know, this is the first year whereby the City of Sebastian will formally recognize this designation. As such, this arrangement is still an adjustment for many employees, officials and citizens. However, I will be available (i.e. no trips for me out of town) should you need to contact me at home or City Hall during this three day weekend. Otherwise, please enjoy yourselves! Enclosures: Letter and Schedule, Greyhound Bus Lines. Land Development Code Article Revisions My Documents/InfoLetter25 01/10/00 ~0N 14:07 FAX 407 292 3~44 GREYMOI]I~) ORL*2g)O GREYHOUND LINES, INC. ORLANDO, FLORIDA JANUARY 10~ 2000 TO: FKOM RE: ALL COMMISSION AGENTS ALL TERMINAL MANAGERS ALL COACH OPERATORS ALI, DRIVER LOCATIONS ALL OTHERS cONCERNED CARLOS ROGER.S/DAVID S.*aNDERS, fK, SEBASTIAN, FL BUS STOP Effective lanuary I 1, 2000, we have est~bl{shed a "Bus Stop OnlY" in Sebastian, FL The Bus Stop will be located at: Sebastian River Chamber of Commerce Comer of Main & U.S. 1 Sebastian, FL A full service agency wilt established in Sebastian in the very near ~ture. Please be governed accordingly, CC: BB's - lAX, TAL, OR.L, MIA-W, MIA-G. TPA ALL SDO's pAYP. OLL STUFFER ~ ~)003 01/1O )~ON 14:07 FAX 292 GREYHOUND ORLANDO QREYHOUND,LINES 01/10 1~004 Y 417 City of Sebastian.' Florl.d,a 1225 Main stxeet D Sebast~an~ Floxlda 32958 Telephone 1561} 589-5330 ~ F~ 1561} 589-5570 Ci council information Letter January 14, 2000 Articles for RevieW Attached you wi[I find additional revised Land Devel?ment code Articles for your review. As discussed during the December 15 City Council meeting, rwarded as the review process . .--. ,~cuments will be fo ..... ~,oen made by growth supplemen[~.~.Y_,~,~ resoective revisions n~v= ~,,- please be advised that Ranger Construction Inc. witl resume paving atong thoroughfares east of Barber Street. Apparently, a number of residents herd the misunderstanding that work was comptete in this area while in fact, only an initial leveling course was' applied. As such, beginning this Monday, Ranger will commence with the second phase of the program, which entails the final overlay for streets in this area. it's official! The Sebastian Greyhound Bus Stop has resumed, effective Tuesday January 11th. AS SUCh, please find the attached letter and rough schedute information as faxed to the City Manager's Office earlier this week (,rather difficult to read.., understand however that the operation is definitety back...). To date, we have received telephone cal[s from interested residents who appreciate having this service in the community. We will continue to work with Greyhound Bus Lines in establishing an agency whereby tickets can actually be purchased here in town. City Council Information Letter January 14, 2000 Page 2 Civic Tracker ProRram Installation Please be advised that arrangements are currently being made to inst_~ ,Civic Track_~r comput~er Dro_9_gLam on the City of Sebastian's system. This arr~'n~]-~rn~nt is actually possible~as a result of an order placed last year to procure the necessary software. As such, the program will be in use in the near future, as test runs are currently being pe~ terminates here in City H~ee to visit it-you are interested in trying it out! Grand Reo~3enin.q Celebration - Barber Street Fire Station Earlier this week, I spoke to Mr. Doug Wright, Indian River County Director of Emergency Services about arrangements relative to completing the Barber Street Fire Station Improvement Program. I am pleased to report that the full operation (including new ambulance and other services) officially began Monday, January 3rd. In addition, arrangements are still being coordinated to host an official ceremony to commemorate the expansion in the coming weeks. County Commissioner Fran Adams is the contact person. She will therefore be happy to provide any additional information - accordingly. Dr. Martin Luther KinR, Jr. Holiday Observance Just as a reminder that non-emergency municipal operations will cease Monday, January 17th in observance of the Dr. Martin Luther King Jr. Holiday. As you know, this is the first year whereby the City of Sebastian will formally recognize this designation. As such, this arrangement is still an adjustment for many employees, officials and citizens. However, I will be available (i.e. no trips for me out of town) should you need to contact me at home or City Hall during this three day weekend. Otherwise, please enjoy yourselves! Enclosures: Letter and Schedule, Greyhound Bus Lines. Land Development Code Article Revisions My Documents/InfoLetter25 01/10/00 ~0N 14;07 F.~.~. 407 292 5444 C, REYI~OUND ORI,~IDO GREYHOUND LINES, INC. ORLANDO, FLORIDA 3ANUARY 10, 2O00 TO: FROM RE: ALL COMMISSION AGENTS ALL TERMINAL MANAGERS ALL COACH OPERATORS ALL DRIVER LOCATIONS ALL OTHERS CONCEi~NED CARLOS ROGERS/DAVID SAaNDERS, IR,, SEBASTIAN, FL BUS STOP Effective Ianuary I 1, 2000, we have established a "Bus Stop Only" in Sebastian, FL The Bus Stop will be located at: Sebastian River Chamber of Commerce Comer of Main & U.S. 1 Sebastian, FL A full service ager~y wil! established in Sebastian in the very near future. Plebe be governed accordingly, CC: BB's - lAX, TAL, ORL, IvflA-W, MIA-G, %'PA ALL SDO's pAYROLL STUFFER OJREYHOUNI) LINES Table 01/10/00 MON 14:08 PAX 407 292 3444 GI~YHO/.r~D OP-J.,,U~DO ~004 417 ARTICLE VII: GENERAL REGULATIONS sECTION 20A-2.7.1: APPLICABILITY OF PROVISIONS The City Land Development Code shall apply uniformly to each district, class or kind of structure or land except as hereinafter provided· In interpreting and applying the Land Development Code, all provisions shall be held to be the health, safety, and welfare· Whenever the requirements of the minimum requirements, adopted to protect the pub!lc other lawfully adopted rules, regulations, or laws of · - r'^-~e are in conflict with requirements of ~:~;ve or that imposing the highest standard Land Devemp ~m..e~th~o iurlsdiction in the subject issue, the most resu~LL other governmeu~ ~, ~, ~ shall govern. SECTION 20A-2.7.2: cONFORMANCE REQUIRED No building, structure, or a portion thereof shall hereafter be used, occupied, erected, constructed, reconstructed, moved or structurally altered unless in conformity with all of the regulations herein specified, including but not limited to compliance with permitted and conditional use provisions by district, site plan review procedures and criteria, maximum height limitations, maximum density and/or intensity, maximum lot coverage, minimum open space requirements, minimum building setbacks, and minimum yard requirements· SECTION 20A-2-?.3: WATER FACILITIES A. Potable Water Requirements. All new development shall be required to connect to the Indian River County Utilities water system except as herein provided. Exceptions. a. Limited Scale Development. Residential projects with less than twenty-five (25) loffunits greater than one-quarter 0/4) mile from the Indian River County Utilities water system, but only if such exception is consistent with Indian River County policies and standards established to regulate infrastructure extensions and potable water service provided by the Indian River county Utilities water system. When such a project has any lot(s) less than one-half (1/2) acre in size, an approved central water system is required. b. Large Lot Development. Residential projects with a minimum lot size of one-half (1/2) acre, but only if such exception is consistent with Indian River County policies and standards established to regulate infrastructure extensions and potable water service provided by the Indian River County Utilities potable water system. c. Single Family or Duplex Dwelling Unit. A single family residential or duplex dwelling unit located on a lot in a subdivision approved prior to the effective date of this Code but · · · ' nt with Indian River County poli~ies an(~ standards onl if such exception is cons~ste '--~ snd notable water serwce prowded by the estaYblished to regulate infrastructure extens~u~, ..... , Indian River County Utilities water system. Non-residential Projects. Non-residential projects greater than one-quarter (1/4) mile of d. Indian River County Utilities water system, but only if such exception is consistent the with Indian River County policies and standards established to regulate infrastructure extensions and potable water service provided by the Indian River County Utilities water system. , Private Wells. Whenever a parcel is not served by a central water system, a private well shall be provided as required by the Indian River County Health Department; provided that all wells (irrigation and potable water) shall be located within either the portion of the side yard that is not forward of the front building line or within the rear yard. The Planning and Growth Management Director may approve a variance to this section provided the following conditions exist: a. Due to existing conditions, the Indian River County Health Department will not issue a permit for a well located in the side yard that is not forward of the front building line or within the rear yard. Chapter II: Districts and General Regulations Article VII: General Regulations b. The variance wili not render another lot unbuildable. The Board of Adjustment must review all variance requests, which do not meet the above requirements. C. Testing of Private Wells. In addition, the City may undertake any necessary action to prevent or remedy water supply and water quality problems. To this the City may request analysis of water quality and supply of all permitted private wells based on evolving problems and issues associated with water resources. The private well owner may be assessed by the City after due public hearings for needed water quality, supply problems, requisite testing, laboratory analysis, and improvements deemed necessary and fiscally equitable. SECTION 20A-2.7.4: WASTEWATERFACILITIES' A. Wastewater Requirements. All new development shall be required to connect to the Indian River County Utilities wastewater system except as herein provided. SECTION 20A-2.7.5: ACCESSORY STRUCUTURE ~ e Page VII-2 Land Development Cod 01/06/00 Exceptions. a. Limited Scale Development. Residential projects with less than twenty-five (25) loffunits greater than one-quarter (1/4) mile from the Indian River County Utilities t onl if such exception is consistent with Indian River County wastewater system, , bu ,,.Y ...... ~*,~ i,,ftastructure extensions and potable water policies and standards estamlsneu to r~su,,,~ ,,. ' service provided by the Indian River county Utilities water system. When such a project has any lot(s) less than one-half (1/2) acre in size, an approved central wastewater system is required. b. Large Lot Development. Residential projects with a minimum lot size of ¥2 acre, but only if such exception is consistent with Indian River County policies and standards established to regulate infrastructure extensions and wastewater service provided by the Indian River County Utilkies wastewater system. c. Single Family or Duplex Dwelling Unit. A single family residential or duplex dwelling unit located on a lot in a subdivision approved prior to the effective date of this Code, but only if such exception is consistent with Indian River County policies and standards established to regulate infrastructure extensions and wastewater service provided by the Indian River County Utilities wastewater system. d. Non-residential Development. Non-residential projects generating less than two thousand (2,000) gallons of domestic wastewater per day and greater than one-quarter (1/4) mile from the Indian River County Utilities wastewater system but only if such exception is consistent with Indian River County policies and standards established to regulate infrastructure extensions and wastewater service provided by the Indian River County Utilities wastewater system. Septic Tanks. Whenever a lot is not served by an approved sanitary sewer, there shall be provided such open space as required by the Indian River County Health Deparm~ent, for the septic tank and drainage field to serve the uses on such lot. Such sanitary installations shall be located in a front or side yard, but not closer than five (5) feet to any lot line and not within any easements. No septic tank shall be located within seventy-five (75) feet of mean high water (MHW) along the Indian River or Sebastian River. The Planning and Growth Management Director may approve a variance to this section provided the following conditions exist: a. Due to existing conditions, the Indian River County Health Department will not issue a peri'nit for a septic tank located in the front or side yard. c. The variance will not render another lot unbuildable. The Board of Adjustment must review all variance requests, which do not meet the above requirements. City of Sebasdan Chapter II: Districts and General Regulations Article VII: General Regulations A. PRESENCE OF PRINCIPAL BUILDING REQUIRED. No accessory structure shall be constructed upon a lot until the construction of a principal structure has been started and no accessory structure shall be used unless the principal stzucture has received a certificate of occupancy. LOCATION: 1. GENERAL RULE OF LOCATION. No accessory structure shall be located in any required yard (setback). Furthermore, no detached accessory structure shall extend beyond the front building line of the principal structure that is located on the same real estate parcel or lot. a. Special Regulations Governing Rear Yards. Detached structures, such as utility sheds and other structures accessory to single-family homes within a single-family zoning district may encroach into a required rear yard, provided that any such structure maintain a minimum distance often (10) feet from the rear property line and not be located within a dedicated easement. With the exception of structures that consist solely of screening and beams and supports for the screening material, no such structure shall exceed four- hundred (400) square feet in lot coverage and shall not exceed twelve (12) feet in height. Structures that consist solely of screening and beams and supports for the screening material, such as screen enclosures for swimming pool areas, shall not exceed twenty- five(25) feet in height. 2. CORNER LOTS. Notwithstanding the provisions of paragraph 1., accessory structures may be located to thc front of the front setback line along the boundary of the secondary front yard on an improved comer lot. GENERAL REGULATIONS OF ACCESSORY BUILDINGS: l. No mobile home, travel trailer, track trailer or any portion thereof, or motor vehicle shall be permitted as an accessory structure. 2. No accessory structure shall be constructed or maintained without a building permit being issued by the City's building official expressly designating the type of the accessory structure (example: garage, shed, pump house). 3. The building official shall not issue a building permit if the application for a building perr~it does not specify the type of accessory structure that the applicant seeks to construct or to maintain. 4. The building official shall not issue a building permit if the accessory s~ucture does not comply with any other provisions of the Land Development Code or the Code of Ordinances of the City of Sebastian. 5. No accessory structure shall be consmlcted or maintained if the height thereof exceeds the height of the principal structure that is located on the same real estate parcel or lot. 6. A residential lot will be allowed five (5) square feet of accessory building area (cumulative), for every one-hundred (100) square feet of lot area. Attached garages, which are part of the original principal building design, will not be included in the cumulative total of accessory building area. Accessory structures', which consist solely of screening and beams and supports for the screening material (such as screen enclosures for swimming pool areas) will not be included in the cumulative total of accessory building area. 7. Any attached or detached accessory building over two-hundred (200) square feet in area, any attached or detached carport and/or breezeway over two-hundred (200) square feet in area, and any attached or detached accessory building with exterior walls higher than the structure containing !he primary residence must be reviewed and approved by the planning and zoning commission utilizing the following criteria: L~md Development Code 01/06/00 Page VII-3 City. of Sebastian Chapter II: Districts and General Regulations Article VII: General Regulations The exterior of the accessory portion of the structure, including mass, facade and materials, shall be in harmony with the overall general character of the structure containing the primary residence. b. Exterior facade material shall be compatible in appearance, color and design with the facade of the principal building structure c. The ridgeline of the roof for the accessory building shall not be higher than the roof ridgeline of the principal structure. The roof of the accessory building must have a pitch similar to that of the primary structure. d. No portion of an accessory building that has exterior walls higher than the wails of the primary residence shall extend beyond the front building line of said primary residence. SECTION 20A~2.7.6: ABOVEGROUND STORAGE OF GASOLINE AND OTHER COMBUSTIBLE FLUIDS Any aboveground storage of gasoline and other combustible fluids shall be subject to compliance with all state and local laws pertaining to abovegrotmd storage of gasoline and other combustible fluids. SECTION 20A-2.7.7: WALLS AND FENCES General Regulation of Walls and Fences Permit Required. Except as provided in paragraph 4., it shall be unlawful for any person, association, corporation or other entity to install, erect, alter, or locate a fence or wall within the City without first obtaining a fence permit for such activity. Notwithstanding the foregoing, a fence permit shall not be required for the replacement or repair of an existing fence or wall unless the replacement or repair cost exceeds fifty (50) percent or more of the value of the fence or wall before its repair or replacement. 2. Application Procedures. Application for a fence permit under this section shall be made to the building official and shall include the following: a. A survey prepared by a licensed surveyor oftha State of Florida; b. The location, length and height of the proposed fence or wall; c. A description of the materials contained in the proposed fence or wall.; and d. Location of any fire hydrant adjacent to the property. 3. Issuance of Permits. The building official shall issue a fence permit to an applicant under this section upon his finding that the proposed fence or wall is in compliance with the provisions of this article and all other pertinent state and local regulations, and upon payment of the appropriate fee. Fence permits issued under this section shall be subject to all other rules and regulations pertaining to fence permits in general. 4. Construction to Withstand Forces of Nature. All fences and wails shall be constructed to withstand the force of wind and to allow, and not inhibit, divert or alter, the free flow of surface water from the natural course it followed prior to installation of the fence or wall. 5. Posts and Supporting Members. If the posts or supporting members of a fence or wall are placed in or upon the ground, the posts or supporting members shall be treated or composed of materials resistant to decay, corrosion and termites. 6. Maintenance. All fences and walls shall be maintained in good repair, in a non-hazardous condition, and shall not be allowed to become dilapidated. 7. Height. The height of a fence or a wall shall be detemained from the highest point of the ground in an eight (8) foot run lying directly beneath the fence or wall. Berms shall not be considered as part of the ground. Land Development Code Page VII-~. City. of Sebastian 01/06/00 Chapter II: Districts and General Regulations Article VII: General Regulations 8. Temporary Construction Fences. The Building Official may require and approve temporary construction fences for a period not to exceed on-hundred twenty (120) days. Temporary construction fences in excess of one-hundred twenty (120) days shall receive approval by the planning and zoning commission. Types offences and Walls Permitted. Fences and walls shall be constructed and/or composed of at least one (1) of the following groups of materials: 2. 3. 4. 5. Termite-resistant species wood or wood which has been treated to resist rot and termites; Steel posts and wire fabric of a minimum of 11 ½-gauge galvanized or other non-corrodible metal; Ornamental iron; Concrete or masonry; Plastic; Fences 1. and Walls in Residential Areas Lots 1 - 8, Block 41, Sebastian Highlands Unit I Lots 2 - 19, Lot 28, Block 59, Sebastian Highlands Unit 2 Lot 16, Block 68, Sebastian Highlands, Unit 2 Lot 2, Block 72, Sebastian Highlands Unit 2 Lots 9 - 18, Brock 72, Sebastian Highlands Unit 2 Lots 1-2, Block 42, Sebastian Highlands Unit 2 Lots 4 - 40, Block 42, Sebastian Highlands Unit 2 Height of Walls and Fences. Fences and wails, not exceeding six (6) feet in height, may be placed along the boundary ora lot on that portion of the lot lying behind the front setback line and behind the front of the main structure. Fences and walls placed in front of the main structure shall not exceed four (4) feet in height. Exception to Height Regulations for Walls and Fences. Notwithstanding the provisions of 20A-2.7.7(C)(1) of the Sebastian Land Development Code, fences and walls, not exceeding eight (8) feet in height, may be placed along the boundary of a lot on that portion of the lot lying behind the front setback line and behind the front of the main structure on any of the following residential lots adjacent to Fellsmere Road, also known as County Road 512, in the City of Sebastian: Lots 7 - 8, Block 57, Sebastian Highlands Unit 2 Lots I q 21, Block 149, Sebastian Highlands Unit 3 Lot 1, Block 169, Sebastian Highlands Unit 5 Lots 18 - 49, Block 169, Sebastian Hightands Unit 5 Lots 122 - 124, San Sebastian Springs Lots 147 - 154, San Sebastian Springs Lots 1 - 6, Roseland Acres In addition, tennis court enclosures, not exceeding ten (10) feet in height, may be placed along the perimeter of said tennis court(s). The fence enclosure(s) shall not be located closer than ten (10) feet from the side and rear property lines and shall not be located in any easement(s). Walls and Fences on Corner Lots. Notwithstanding the provisions of 20A-2.7.7(C)(1) or 20A- 2.7.7(C)(2), fences and walls four (4) to six (6) feet in height may be located to the front of the front setback line along the boundary of the secondary front yard of an improved comer lot. Only those fences and walls placed along the boundary of the primary front yard of an improved comer lot must be located behind the front setback line. Primary Front Yard. For purposes of this paragraph, the term "primary front yard" shall mean the yard of an improved comer lot located between the street and the wall of the main structure facing the street where the primary entrance to the main structure is located. Secondary Front Yard. For purposes of this paragraph, the ten:n "secondary front yard" shall mean the yard of an improved comer lot located between the street and the wall of the main structure facing the street where the primary entrance to the main structure is not located. Trellis Structures. Trellis structures that do not form a barrier may be erected at any location on a lot except within visibility triangles. Such trellis structures need not satisfy the height limitation and restrictions for residential fences and walls provided in this subsection (C). Laud Development Code Page VII-5 Cit~' of Sebasfia~ 01/'06/00 Chapter II: Districts and General Regulations D. Fences and Walls in Non-Residential Districts Article VII: General Regulations All commercial and industrial zoned properties that are being utilized for residential purposes shall comply with the requirements set forth in section 20A-2.7.7(C). Fences and walls not exceeding eight 8 feet in height may be permitted upon approval of the Planning and Growth Management Director. The Planning and Zoning Commission must approve all fences and walls exceeding 8 feet in height. The acfiun of the Planning and Growth Management Director may be appealed to the Planning and Zoning Commission. Such appeal shall be filed with the Planning and Growth Management Department within ten (10) working days after action of the Planning and Growth Management Director. The request for the appeal shall include information concerning the disputed issues in the Planning and Growth Management Director's actions. Within Easements Fence Permit Required. It shall be unlawful for any person, association, corporation or other entity to erect a fence or wall within any easement unless a fence permit for the fence or wall is obtained prior to the erection of the fence or wall, and the fence or wall is constructed of the matetials listed in §20A-2.7.7(B)(1,2&5). Prior to City approval of the permit, the applicant shall provide the City an affidavit from the holder(s) of the easement stating that the holder(s) has (have) no objection to the permit approval. Property Owner Responsible for Removal Cost. Any fence or wall proposed to be installed within a utility or drainage easement that accesses, abuts or provides the City or utility company with a maintenance area to lot line ditches, canals, drainage tracks, or rights-of-way, may be of a permanent or temporary nature. However, if the City or utility company should later determine that removal of the fence or wall is necessary for the installation, repair or replacement of the drainage or utility facility, the property owner shall be required to remove the fence or wall within five (5) days of the owner's receipt of written demand for removal from the City or utility company. All cost incurred in the removal and replacement of the fence or wall shall be the responsibility of the property owner. Maintenance. With the exception of drainage ditches maintained by others, the property owner shall be responsible for the maintenance of all property within a utility or drainage easement regardless of the placement of the fence or wall. The City may remove any fence or wall within the easement, as needed, in cases of emergency. Prohibited Fences and Walls 1. Prohibited Types of Walls and Fences. maintain the following structures: It shall be unlawful to erect, construct, install or A fence or wall within six (6) feet of a fire hydrant; A fence or wall within any street tight-of-way; An electricity charged fence or wall; A fence or wall in a dilapidated condition which appears to be neglected, unkempt, or in substantial disrepair, in whole or in part, and as a consequence thereof is either unsound, hazardous cfr ineffectual; Any fence or wall containing hazardous substances such as broken glass, barbed wire, (except as provided in paragraph (2) below), spikes, nails, wire, or similar matetials designed to inflict pain or injury to any person or animal. Any fence constructed of such material shall be deemed to be a public nuisance. Barbed Wire Fences. Barbed wire fences may be permitted by the Planning and Zoning Cormnissinn in commercial and industrial distticts if the proposed fence is a minimum of six (6) feet and a maximum of eight (8) feet in height and topped with barbed wire not more than three (3) strands. No part of any such fence may extend beyond the boundaries of the property of which it is installed. INmd Development Code P~e VII-6 City. of Seb~fian 01/06/00 Chapter II: Districts and General Regulations Article VII: General Regulations G. Required Screens for Garbage, Refuse Dumpsters. Not~vithstanding anything to the contrary contained in this section, all garbage, refuse dumpsters, regardless of the siting on the property, shall be screened on all four (4) sides by masonry wall, fencing, or other materials permitted hereunder, at least six (6) feet in height, and rendering the view of said dumpster invisible from adjacent properties and public tights-of-way. All proposed refuse dumpster screens must be approved by the building official through the issuance of a fence permit in accordance with the application procedures set forth in § 20-A-2.7.7(A). SECTION 20A-2.7.8: REGULATION OF WATERCRAFT Regular Mooring of Watercraft/Live-Aboard Regulations. 1. The following restrictions shall apply to regularly moored watercraft: a. Regularly moored watercraft shall not be permitted as business offices or other related commercial enterprises. This provision shall not preclude the regular mooring of watercraft for fishing operations, charters, pleasure and other water-dependent uses, provided said mooring is located at an approved private dock, commercial marina, or approved anchorage identified by the United States Coast Guard and depicted on nautical charts. b. All watercraft utilizing the waters of the City shall be maintained in a seaworthy condition, except when in a permitted repair area. c. Under no circumstances shall any vessel anchor or moor in areas that have been determined by the Florida Department of Environmental Protection as protected areas for wildlife and plant life in the submerged lands. And in no event shall any owner or operator of any vessel discharge any untreated human waste or other debris from said vessel. d. Live-aboards are not permitted in waterways within the jurisdiction of the City of Sebastian. e. Transient live-aboards are permitted within the City of Sebastian within any commemial marina within the City limits that maintains moorings and/or slips at docks for transient live-aboards, to encourage the use of the waterways of the City and to promote an increase in the economic base of the community provided the following conditions are met: ii. iii. All such facilities shall provide litter receptacles and marine sanitation pump-out facilities as required by the Federal Environmental Protection Agency and the Florida Department of Environmental Protection. Such facilities may make available to users of offshore moorings a dock expressly for the purpose of accessing said moorings by dinghy or other small vessel; and may charge a reasonable price for the use of said dock. Such facilities shall maintain records of all such moorings of transient live- aboards. Boat Limitations on City Waterways. Only boats powered by electric motors or by a fuel internal combustion engine not exceeding three horsepower that is operated in accordance with the specifications of the manufacturer, canoes and paddle boats may navigate local waterways, canals and lakes within the City limits of Sebastian. The Sebastian River and the Indian River Lagoon are excluded from this restriction. 20A-2.7.9: STREET ACCESS AND SETBACKS Structures to Have Access. Every building hereafter erected or moved shall be on a lot adjacent to a public street, or with access to an approved private street, and all structures shall be so located on lots as to provide safe and convenient access for servicing, fire protection, and required off-street parking. L'md Development Code Page VII-7 01/06/00 Ciw of Sebasfizm Chapter II: Districts and General Regulations B. Article VII: General Regulations Setbacks Established from Approved Streets. In the event that streets or rights-of-way are approved by the City and filed with the Clerk of the County Court, or in the event of the designation or establishment by the City Council of any proposed public street or road, to the extent lawful the same shall thereupon immediately be used as the reference point for the puxpose of determining setbacks for new construction under the terms of this ordinance. This provision shall not prevent the reconstruction of a fully or partially damaged or destroyed legally nonconforming struc~re so long as the rebuilt structure is consistent with the City's Land Development Code and building codes. SECTION 20A-2.7.10: REGULATION OF OBSTRUCTIONS TO VISIBILITY A. Obstruction to Traffic and Traffic Visibility. There shall be no structures or planting, which materially obstructs traffic, and traffic visibility. B. Visibility Triangles. Visibility triangles, within which nothing shall be erected, placed, parked, planted or allowed to grow in such a manner as to impede vision between a height of two (2) feet and eight (8) feet above the center lines of intersecting traffic ways, shall be provided as follows: 1. Vision Clearance at Street, alley and Driveway Intersections. A Visibility triangle shall be required at all traffic intersections. No wall, fence, hedge, or structure within the visibility triangle shall exceed a height of two (2) feet above the elevation of the abutting street measured at the centerline. Dimensions of Visibility Triangle. The sides of the visibility triangle shall be thirty (30) feet at street-to-street intersections and fifteen (15) feet at all other intersections. These distances shall be measured along the well-defined edge of pavement from their point of intersection. Where no well-defined edge of pavement exists, a probable edge of pavement shall be established from the existing centerline of the travelways, using twelve-foot travel lane(s) for dedicated streets, eight- foot half width for all dedicated alleys and utility easements, and five-foot half width for single driveways. Visibility triangles shall be required at all traffic intersections, including driveways and alleys. SECTION 20A-2.7.11: MOVING OF STRUCTURES. No structure larger than five hundred (500) square feet, excluding structures registered as a vehicle by the State of Florida, shall be moved into the City or from one place to another within the City unless such building or structure is made to conform to all of the requirements of the City's adopted building code in effect in this City at the time of the moving and the requirements of the zoning in which the building or structure is to be place. The Building Director is authorized to require any person applying for a permit to move a building or structure to show proof of a property damage insurance policy in the amount of five hundred thousand dollars ($500,000.00) as well as a liability insurance policy in the amount of one million dollars ($1,000,000.00) and may be required to post a bond or other security acceptable to the City in an amount up to but not exceeding ten thousand dollars ($10,000.00) to be deposited with the City clerk, payable to the order of the City of Sebastian. The purpose of the bond or other security is to guarantee compliance in full within one year with the applicable requirement of the City's adopted building code and of this land development code and to restore any public or private property damaged while the building or slracture is being moved. Failure to fully comply within one year as above stated will result in forfeiture of the bond to the Building Director of the City of Sebastian, Florida. All applicants for a permit to move an existing structure, as above stated, are required to furnish the Building Director with a proposed route for moving the building through the City as well as five (5) sets of drawings, said drawings to be prepared and sealed by an architect or engineer registered in the State of Florida certifying that the structure meets all requirements as above outlined, or five (5) sets of drawings to be prepared and sealed by an architect or engineer registered in the State of Florida showing the proposed changes to the building or structure after it has been moved, that will bring it within all applicable requirements of the City's adopted building code as well as the City's Land Development Code. If drawings of the structure or building to be moved showing compliance as above stated are on record with the City already, the above requirement for drawings of the structure is waived. The Planning and Growth Management I~md Development Code Page VII-8 City ot' Sebastian 01/06/00 Chapter II: Districts and General Regulations Article VII: General Regulations Director shall distribute the application and supporting information to the appropriate staff for review and comment. The staff can include outside agencies. Upon approval of the City Engineer, Planning and Growth Management Director, and Police Chief, the Building Director shall issue a permit. SECTION 20A~2.7.12: AIRPORT HEIGHT LIMITATIONS No structure shall be erected within the approach zones of an active runway on the City of Sebastian Municipal Airport with a height in excess of those permitted by the Federal Aviation Authority or by City Council. All structures shall comply with the City of Sebastian Airport Master Plan and provisions below cited: Definition of terms 1. Airport elevation. Thc highest point of the airport's usable landing area measured in feet above sea level. 2. Airport hazard. Any structure, street or use of land, which obstructs the air space required for landing or take-off at the airport, or which is otherwise hazardous to the flight of aircraft. 3. Height. For the purpose of determining the height limits in all zones set forth in this section, the datum shall be mean sea level elevation unless otherwise specified. 4. Central zone. Air space extending upward from the surface of the earth which may include one or more airports and is normally a circular area of five (5) statute miles in radius, with extension where necessary to include instrument approach and departure paths. 5. Climb gradient. An aircraft instrument departure procedure requiring adherence to a minimum climb, slope or grade expressed in feet per nautical mile. 6. Decision height. The height at which decision must be made, during an instrument approach, to either continue the approach or to execute a missed approach. 7. Instrument runway. A runway having an existing or planned instrument procedure utilizing air navigation facilities or area-type navigation equipment. 8. Landing area. The area of the airport used for the landing, take-off, or taxiing of aircraft. 9. Minimum descent altitude. The lowest altitude, expressed in feet above mean sea level, to which descent is authorized on final approach or during circle-to-land maneuvering in execution of a standard instrument approach procedure, where no electronic glide slope is provided. 10. Minimum enroute altitude. The altitude in effect between radio fixes which assures acceptable navigational signal coverage and meets obstruction clearance requirements between those fixes. 11. Minimum obstruction clearance altitude. The specified altitude in effect between radio fixes on VOR (visual omni range) airways, off airway routes, or route segment and which assures acceptable navigational signal coverage only within twenty-two (22) miles of the VOR. 12. Minimum vectoring altitude. The lowest above mean sea level altitude at which aircraft operating on instrument flight rules will be vectored by a radar controller, except when other-vise authorized for radar approaches, departures or missed approaches. 13. Nonconforming use. Any pre-existing building, structure, natural growth, or use of land which is inconsistent with the provisions of this chapter or amendments thereto. 14. Nonprecision instrument runway. A runway having an instrument approach procedure using air navigation facilities with only horizontal guidance or area type navigation equipment for which a straight-in, nonprecision instrument approach procedure has been approved or planned, and for which no precision instrument approach facilities are planned or indicated on an appropriate civil or military airport planning document. Land Development Code Page VII-9 Cio of Sebastian 01/06/00 Chapter II: Districts and General Regulations 15. 16. Article VII: General Regulations 17. 18. Nonstandard take-off minimums. Conditions of existing weather required for take-off at an airport which exceed the standards prescribed in Federal Aviation Regulations Part 91. Precision instrument runway. A runway having an instrument approach procedure utilizing an instrument landing system, microwave landing system or a precision approach radar including a runway for which such a system is planned and is so indicated on an approved civil or military airport layout plan, other FAA planning documents, or comparable military service planning documents. Runway. The defined area of an airport prepared for landing and take-off of aircraft along its length. Structure. An object constructed or installed by man. 19. Visual runway. Any runway other than an instrument runway. Airport Zones and Airport Height Limitations. In order to carry out the provisions of this section, the following height restriction zones are hereby created and established. An area located in more than one zone of the described zones is considered to be only in the zone with the more restrictive height limitation: 1. Primary zone. The area longitudinally centered on a runway, extending to the end of that runway with the width so specified for each runway for the most precise approach existing or planned for either end of the runway. No structure will be permitted within the primary zone that is not a part of the landing and take-off area or facilities and that has a greater height than the nearest point on the runway center line. The width of the primary zones shall be as follows: a. 250 feet for utility runways having visual approaches only. b. 50 feet for utility runways having nonprecision instrument approaches. c. For other than utility runways the width is: (1) 500 feet for visual runways having only visual approaches. (2) 500 feet for nonprecision instrument runways with visibility minimums greater than 3/4 statute mile. (3) 1,000 feet for a nonprecision instrument approach with visibility minimums as tow as three-fourths statute mile, and for precision instrument runways. Horizontal Zone. A horizontal plane one hundred fifty (150) feet above the established airpotX elevation, encompassing the runway's primary zones and transitional zones, the per/meter of which is constructed by swinging arcs of specified radii from the center of each end of the primary surface of each runway of the airport and connecting the adjacent arcs by lines tangent to those arcs. The radius of each arc is: a. 5,000 feet for all runways designated as utility or visual approaches only. b. 10,000 feet for all other runways. The radius of the arc'specified for each end of the runway shall have the same arithmetical value. That value will be the highest determined for either end of the runway. When a five thousand (5,000) foot are is encompassed by tangents connecting two (2) adjacent ten thousand (10,000) foot arcs, the five thousand (5,000) foot arc shall be disregarded. No structure will be permitted in the horizontal zone that is higher than one hundred fifty (150) feet above the established airport elevation. Conical zone. The area extending outward and upward from the periphery of the horizontal zone for a distance of four thousand (4,000) feet on slope of twenty (20) to one. Height limitations for structures in the conical zone are one hundred fifty (150) feet above airport elevation at the inner boundary of the zone with permitted height increasing one foot vertically for every twenty (20) City of Sebasfi,'m L,'md Development Code Page VII- 10 01/06/00 Chapter II: Districts and General Regulations Article VII: General Regulations feet of horizontal distance outward from the inner boundary of the zone to a height of three hundred fifty (350) feet above airport elevation at the outer boundary of the zone. 4. Approach zone. The area longitudinally centered on the extended runway center line and proceeding outward and upward from each end of the primary surface. The width of the approach zone is the same as the inner boundary of the primary surface it adjoins and expands uniformly to a width of: a. 1,250 feet for that end of a utility runway with only visual approaches. b. 1,500 feet for that end of a runway other than a utility runway with only visual approaches. c. 2,000 feet for that end of a utility runway with a nonprecision instrument approach. d. 3,500 feet for that end of a nonprecision instrument runway other than utility, having visibility minimums greater than three-fourths of a statute mile. e. 4,000 feet for that end of a nonprecision instrument runway, other than utility, having a nonprecision instrument approach with visibility minimums as low a three-fourths statute mile. f. 16,000 feet for precision instrument approach runways. Approach surface. The approach surface is the same width and height at the inner boundary of the primary surface it adjoins and extends outward for a horizontal distance of: a. 5,000 feet at a slope of twenty (20) to one for all utility and visual approach runways. b. 10,000 feet at a slope of thirty-four (34) to one for all nonprecision instrument runways other than utility. c. 10,000 feet at a slope of fifty (50) to one with an additional forty thousand (40,000) feet at a slope of forty (40) to one for all precision instrument runways. Height limitations within the approach surface are the same as the height of the runway end at the inner boundary and increase at the rates as shown above and will control all future construction or natural growth. On existing runways where the thresholds have been displaced and the threshold lights moved along the runway from the runway end, if any of the area between the threshold lights and the md end lights is being used for either the landing or take-off of aircraft, then the approach surface would start at the end of the runway for control of future obstructions. At those airports having defined runways with specially prepared hard surfaces, the primary surface for such runway extends two hundred (200) feet beyond each end of the runway hard surface, and the approach surface begins at that point. Transitional zone. An area extending outward fi.om the sides of each primary zone and approach zone connecting them to the horizontal zone and an ama outward five thousand (5,000) feet horizontally or until intersection with the conical zone from the side of that portion of the approach zone of a precision instrument runway extending through and beyond the conical zone. No structure or object will be permitted within the transitional zone greater in height than the primary or approach zone at their adjoining boundary lines increasing at a rate of one (1) foot vertically for every seven (7) feet horizontally, with the horizontal distance measured at right angles to the runway centerline and extended centefline, until the height matches the horizontal zone height, or the conical zone height for a horizontal distance of five thousand (5,000) feet from each side of that part of the approach zone for a precision instrument runway extending beyond the conical zone. Other areas. In addition to the height limitations imposed within this section, no structure or obstruction shall be permitted within the City of Sebastian that would cause a minimum descent altitude, minimum obstruction clearance altitude, minimum vectoring altitude, or a decision height to be raised nor which would impose either the establishment of restricted minimum climb gradients or nonstandard take-offminimums for a runway at Sebastian Municipal Airport. Land Dex. elopment Code Page VII-11 City of Sebastian 01/06/00 Chapter Il: Districts and General Regulations C. Airport Land Use Restrictions. Article VII: General Regulations General Safety Regulations. Notwithstanding any other provision of this section, no use may be made of land or water within any zones established by this section in such manner as to interfere with the operation of an airborne aircraft. The following special requirements shall apply to each permitted use: a. All lights or illumination used in conjunction with street, parking, signs or use of land and structures shall be arranged and operated in such manner that it is not misleading or dangerous to aircraft operating from a public airport or in vicinity thereofi b. No operations of any type shall produce smoke, glare or other visual hazards within three (3) statute miles of any usable runway ora public airport. Control bums as required by a Habitat Conservation Plan approved by the Fish and Wildlife Service during periods when the wind will blow the smoke away from the airport and not across any approach surfaces are permitted. c. No operations of any type shall produce electronic interference with navigation signals or radio communication between aircraft, the airport or other air traffic control facility. d. Within any airport primary zone or within any runway approach zone area where the zone height is fifty (50) feet or less above the end of the runway, no operations of any type shall involve the storage, distribution or manufacture of flammable, explosive, toxic or other hazardous materials. This restriction shall apply to those materials in a quantity or of a type which, if exposed to an aircraft accident, would further jeopardize the safety or health of the aircraft, occupants, occupants of facilities in the vicinity, by-standers and emergency personnel, or would prevent, delay, limit or otherwise curtail appropriate response actions by emergency personnel. e. Within any airport primary zone or within any runway approach zone area where the zone height is fifty (50) feet or less above the end of the runway, no operations of any type shall involve the congregation of people for either short or long-term purposes. This restriction shall apply to any use involving individuals who by their numbers, condition, age or other factor, should they be exposed to an aircraft accident, might escalate the resultant effect to disaster of major proportions. Restrictions on Potential Solid Waste Disposal. Solid waste disposal sites shall be considered as a nonconforming use if located within areas established for the airport and meeting the following criteria: a. Skes located within ten thousand (10,000) feet of any runway used or planned to be used by turbojet or turbo prop aircraft. b. Sites located within five thousand (5,000) feet of any runway used only by piston type aimraft. c. Any site located so that it places the runways and/or approach and departure patterns of an airport between bird feeding, water or roosting areas. d. Sites outside the above perimeters but still within the lateral limits of the airport zones will be reviewed on a case-by-case basis by the Board of Adjustment. Residential construction shall not be permitted within an area contiguous to any airport measuring one-half the length of the longest runway on either side of and at the end of each runway centerline of such airport. Notwithstanding the foregoing limitations, if the property owner provides the City with a perpetual avigation easement for the airspace above the ground level of the entire parcel of real property owned by the property owner upon which residential construction will be situate, in a form which reasonably precludes the property owner and his/her/their/its successors and assigns from L,'md Developrnent Code 01/06/00 Page VII- 12 City of Sebastian Article VII: General Regulations Chapter II: Districts and General Regulations commencing or maintaining a successful action for condemnation (inverse or otherwise) resulting from the aviation activities arising from the airport, as determined by the City Council on the advice of the City attorney, then the area where residential construction would otherwise be precluded pursuant to this paragraph 3 may be reduced to the extent that restrictions contained in this section and elsewhere in the Land Development Code and the Code of Ordinances are not violated. Variances to Airport Height Limitations 1. Any person desiring to erect any structure, increase the height of any structure, permit the grouter of any tree, or otherwise use his property in violation of the airport zoning regulations prescribed in this section, or any land development regulation adopted pursuant to the provisions of Chapter 163, Florida Statutes, pertaining to airport land use compatibility, may apply to the Board of Adjustment for a variance from the zoning regulations in question. At the time of filing, the applicant shall forward a copy of his application for variance by certified mail, return receipt Department ), Aviation Office, M.S. requested, to the Florida Department of Transportation (the" " 46, 605 Suwannee Street, Tallahassee, Florida 32399-450. The department shall have forty-five (45) days from receipt of the application, its right to comment is waived. The Board of Adjustment may proceed with its consideration of the application only upon the receipt of the department's comments or waiver of that right as demonstrated by the filing of a copy of the return receipt with the board showing that the forty-five (45) days have elapsed. Additionally, no application for a variance may be considered unless the applicant shows evidence that the requirement for notice of construction or alteration under Title 14, Code of Federal Regulations, Part 77, has been complied with. 2. A variance may only be allowed where a literal application or enforcement of the regulations provided in this section would result in practical difficulty or unnecessary hardship and where the relief granted would not be contrary to the public interest but would do substantial justice and be in accordance with the spirit of the regulations provided herein. Provided, however, a variance may be allowed subject to any reasonable conditions that the Board of Adjustment may deem necessary to effectuate the purposes of this section. 3. In granting a variance under this section, the Board of Adjustment shall, as a specific condition, require the owner to mark and light the structure or growth to indicate to aircraft pilots the presence of an obstruction. Such marking and lighting shall conform to the specific standards established by Chapter 14-60, Rules of the Department of Transportation and Federal Aviation Administration Advisory Circular 70-7460-1H, as amended. SECTION 20A-2.7.13: MOBILE HOMES, TRAVEL TRAILERS, CAMPERS, BOATS, TRAILERS, AND RECREATIONAL VEHICLES A. Mobile homes prohibited. No mobile homes shall be permitted in any zoning district except the R-MH or PUD-MH Districts. B Parking and storage of recreational vehicles. Recreational vehicles as described herein may be parked, stored or placed on any improved lot in any residential district, provided that: 1. The recreational vehicle is owned, rented or leased by the person residing on the same improved lot on which the recreational vehicle is located. 2. Except as provided in §20A-2.7.14(D) and §20A-2.7.23, the recreational vehicle is not used for residential, office or commercial purposes. 3. The recreational vehicle is not used for sleeping, housekeeping, or living quarters while parked on any improved lot. 4. The recreational vehicle is located to the rear of the front building line, and in no event less than twenty-five (25) feet from the front lot line, or is located wholly within a carport or garage. Notwithstanding the foregoing sentence, with respect to locating recreational vehicles on an L,~md Development Code 01/06/00 Page VII-13 City of Sebastian Chapter II: Districts and General Regulations Article VII: General Regulations improved comer lot, the recreational vehicle need only be located behind the front yard setback for such improved comer lot and need not be located to the rear of the front building line for the secondary front yard. 5. The recreational vehicle is not located within any road, drainage or utility right-of-way. 6. In the event that the recreational vehicle is a collapsible camping trailer, the trailer must be stored in the collapsed state. 7. The recreational vehicle must bear a current and proper registration. 8. The recreational vehicle, other than a utility trailer or a cargo trailer, shall not exceed forty (40) feet in length. The recreational vehicle that is a utility trailer or a cargo trailer shall not exceed twenty-four (24) feet in length. 9. No more than two (2) recreational vehicles at the same time shall be permitted on any lot outside of an enclosed garage. Commercial trailers and boats. Notwithstanding any prohibition inferred in any previous paragraphs of §20A-2.7.14(B), trailers and boats utilized for commercial purposes may be kept on real property located in a residentially zoned district owned by the person who also owns the trailer or boat if the following provisions are complied with: 1. One (1), but not more than one(l), commemial utility or cargo trailer, that does not exceed twenty- four (24) feet in length and eight (8) feet in height, may be parked on any lot located in any residential district if it is parked in accordance with the other provisions of §20A-2.7.14(C) and it is substantially screened by either vegetation or a six (6) foot stockade type fence from the view of the adjacent property. 2. One (1), but not more than one (l), boat used for commercial purposes, not exceeding forty (40) feet in length, may be parked or stored on any lot located in any residential district, if there is no unloading or loading of any material, fish or shellfish when located in the residential district and the boat is substantially screened by either vegetation or a six-foot stockade type fence from the view of the adjacent prope~. For the purposes of the restrictions set forth in §20A-2.7.14.B(9), a commercial trailer or a commercial boat shall be counted as one (l) recreational vehicle. Temporary trailers. Trailers used temporarily in connection with construction as a dwelling, office, salesroom, or security headquartem may be located temporarily in all zoning districts only after a building permit has been issued and during the periods of construction activity, under a temporary zoning permit; provided that: 1. All setbacks are complied with and all utilities, including water and sewer are provided; and 2. Any such trailer must be removed within ten (10) days after completion of construction or after the issuance of a certificate of occupancy, whichever first occurs. SECTION 20A-2.7.14: LARGE TRUCKS AND HEAVY EQUIPMENT A. Zoning Districts where Prohibited. It shall be unlawful for any person, either as owner, agent, occupant, lessee, tenant, landlord, or otherwise, to park, store, deposit, or to cause or allow any parking, storage, or deposit on any real property zoned as RE-40, RS-20, RS-10, RM-8, R-MH, PUD-R, or PUD-MH or any property then being used for residential use however zoned, any road tractor, semi-trailer, heavy equipment, or heavy truck. B. Exceptions. The restrictions of this section shall not apply to: 1. All other zoning districts not actually being used as single-family use. Lm, d Development Code 01/06/00 Page VII-14 City. of Sebastian Chapter II: Districts and General Regulations Article VII: General Regulations 2. Real property where construction is underway pursuant to a valid building permit and the items otherwise prohibited are being utilized for such ongoing construction. 3. The item otherwise prohibited is being loaded or unl~aded. 4. Vehicles such as a van, pickup truck or paneled track, provided each such vehicle not exceed 23 feet in length and/or 9 feet in height. 5. Emergency parking of such prohibited vehicles or items provided such they are removed within twenty-four (24) hours of the start of the emergency. 6. Such items being utilized by any governmental entity for a legitimate purpose. 7. Vehicles exceeding 23 feet in length and/or 9 feet in height which are parked with/n an enclosed garage. SECTION 20A-2.7.15: LAND EXCAVATION OR FILL. Purpose and Intent The City finds that it is necessary to regulate excavation activities in order to prevent public nuisances, safety hazards, and damage to private and public property. Further, such regulations are necessary in order to protect thc environment, including the quality and quantity of ground and surface waters. The plans for land excavation or fill shall demonstrate that the proposed site alterations include mitigation techniques designed to comply with performance criteria addressing the following: t. Environmental Protection (Article XI); 2. Site reclamation, including restoration of vegetative cover within disturbed upland open space; planting and stabilizing banks of drainageways with vegetation which is tolerant to anticipated changes in water levels, including hydric conditions (Article XI); Sedimentation and soil erosion conU'ol (Article XI); 4. Protection of groundwater aquifer recharge (Article XI); 5. Flood damage prevention (Article XII); and 6. Tree and native vegetation protection (Articles XIII). Prohibited activity It shall be illegal for any person, association, corporation or other entity to fill or excavate any real property in the City, without first obtaining a permit for such activity, except as exempted in §20A-2-7.15.C. It shall be illegal for any person, association, corporation or other entity to engage in permitted activity in a manner contrary to the conditions set forth in such permit. Mining is prohibited. Exceptions. The following activities shall be exempt from the fill and excavation permitting requirements of this Land Development Code: 1. Earthmoving in conjunction with the installation of a utility, wherein the excavation is to be backfilled. Construction of state, federal, or local public roads and public works within the limits of public property. City o[ Seb~fian Land Development Code Page VII-15 01/06/00 Chapter II: Districts and General Regulations 3. Article VII: General Regulations Any activity regulated by the Florida Eleclrical Power Plant Siting Act, codified as Sections 403.501 through 403.517, Florida Statutes 0987), and the Transmission Line Siting Act, codified as Sections 403.52 through 403.536 Florida Statutes (1987), to the extent that the provisions of this code are preempted by said acts. Maintenance activities 'undertaken by a public utility, as defined in Section 366.02, Florida Statutes (1987), with regard to existing electhcal power plants, reservoirs and other related activities. Any excavation incidental to any authorized City development order or permit, including approved site plans, subdivision plats, preliminary development plans and/ur building permits. Maintenance dredging of lakes or canals. Incidental filling activity on developed single-family residential property such as the placement of topsoil for a garden, and marl, gravel, shell, or other similar material for a driveway, that will not include more than fifty (50) cubic yards in any one calendar year. 3. A pond on a single-family or duplex residential lot. Fill on Single Family and Duplex Lots 1. Prior City Approval Required. No filling of a lot shall be undertaken without the prior written approval of the City engineer pursuant to Sec~ 20A-3-12~ 2. Criteria for Land Fill and Drainage. During the filling of lots where there is either one or more side drainage ditches or swales, or rear drainage ditch or swale, or any combination thereof on such lot, the fill on the lot shall be sloped and contoured to properly direct the surface water to the drainage ditches or swales. Swales in the front of the lot shall also be shaped to prevent standing of water therein. Where any culvert pipe is laid under a driveway or similar installation, the pipe shall be approved by the City Engineer pursuant to Sec. 20A-2-7-18. When sod is used in the bottom of the swale, it shall be placed below the invert of the culvert pipe. 3. Maintenance of Surface Water Management Improvements. It shall be the continuous responsibility of any owner of a lot to maintain such swales, ditches, and pipes on the site to maintain the proper flow of surface water. Excavation and Fill on all Lots other than Single Family or Duplex Lots. Prior City Approval Required. a. No excavation shall be undertaken without an approved City development order or permit. Excavation Permits. a. Regulations. Any excavation not incidental to any authorized City development order or permit, including approved site plans, subdivision plats, preliminary development plans and/or building permits shall adhere to the following regulations: b. Application procedures. Excavation permit applications shall be made on forms provided by the city Engineer. The application must demonstrate conformance with all City codes and include the follo~ving specific submittal requirements: l. Plan view and cross sections of the excavation areas and excavated materials stockpile areas. 2. Amount of fill to be removed, expressed in cubic yards. City of Sebasfim~ Land Development Code Page VII-l 6 01/06/00 Chapter II: Districts and General Regulations Article VII: General Regulations 3. Method of excavation and stockpiling of excavated materials. Safety and security plan. Copy of approved site plan, preliminary plat or preliminary development plan. 6. Topographic and soil maps of the site. Conditions of the Excavation Permit Consistency. The excavation shall be consistent with the approved site plan, preliminary plat, or preliminary development plan for the site. Location of Operations Restricted. No stockpiling of excavated materials shall occur within one hundred (100) feet ora residence. Screening. If the project site is adjacent to a residentially zoned area, the perimeter of the site abutting such an areas shall include a filly (50) foot wide buffer and Type "A" screening along said site boundary. Special Safety Measures. Any excavation activity that results in the creation or expansion of a water body (except those not incidental to any authorized City development order or permit, including approved site plans, subdivision plats, preliminary development plans and]or building permits) shall be subject to the provisions of §20A-2-7.15.G. Such projects creating water bodies must also provide a safety and security plan, which may include, but not limited to, fences, access control, and other security provisions. Aquifer Recharge Area. If the project site is located (in whole or part) on an aquifer recharge area, no excavation governed by an excavation permit shall result in an average elevation of less than twenty-five (25) feet mean sea level (MSL) for that portion of the project site located on the aquifer recharge area. No excavation below the seasonal high water table is permitted. Prohibited Activities. No processing of the excavated material shall occur on the site. Dust and Erosion Control. All excavation activities, including the stockpiling of excavated matetials, shall ensure that erosion does not occur and must control dust or the blowing of excavated materials. Time Limitations. Excavation shall be completed within one year and all stockpiled fill removed within six months of the completion of the excavation, except when otherwise authorized by a phasing schedule of an approved site plan, preliminary plat, or preliminary development plan. A permit may be renewed by paying a renewal fee and filing a report demonstrating that the permit criteria have been met.. Operating conditions of Excavation lt6urs of Operations. Excavation shall be permitted to operate between the hours of 7:00 a.m. to 5:00 p.m. on weekdays; operation on Saturday and Sunday, and/or operations other than between 7:00 a.m. to 5:00 p.m. may be permitted by the City Engineer if the impact of the excavation operation on surrounding properties will not constitute a nuisance to the neighborhood. Permanent Boundary Markers. Permanent project boundary comers, with intermediate stakes at a minimum interval of three hundred (300) feet, and all limits of excavation shall be staked, marked and maintained with visible flags in the field, in accordance with approved plans for the permits. Land Development Code Page VII-17 City of Sebastian 01./06/00 Chapter II: Districts and j. General Regulations Article VII: General Regulations Completion Report. Within sixty (60) days of the removal of all excavated materials from the site, a record drawing by a surveyor or engineer registered in the State of Florida shall be provided to the City Engineer at the completion of the permitted project. The record drawing shall contain sufficient information to indicate that all of the requirements of this code have been met, shall include cross-sections of the excavation and a plan drawing which locates the extent of the excavation with dimensions to all property lines, and shall certify that the excavation has been completed as permitted and is consistent with the approved plan. Requirement of bonds and forfeiture. Intent. Compliance and restoration bonds shall be posted to ensure that the site is developed, operated, and restored in conformance with the approved mining site plan. The compliance bond can be assessed as a penalty only to violations of site plan approval that are chargeable to the mining permit holder, and those under his supervision, direction, or control. The restoration bond is to provide funds to restore the site. 2. Amount. The comphance bond shall be posted in the amount of one thousand dollars ($1,000.00) per acre of project site with a minimum of five thousand dollars ($5,000.00). The restoration bond shall be posted in the amount of one thousand dollars ($1,000.00) per acre of excavation with a minimum of five thousand dollars ($5,000.00). 3. Phasing. When one phase of twenty (20) acres or less is completed and in conformance with the submitted site plan for reclamation and rehabilitation, and in conformance with this code, the compliance and restoration bonds may be transferred to the next phase under the approved site plan. More than one phase at a time may be mined concurrently; however, each phase shall be fully bonded, as required by this code. Renewal. Within thio5' (30) days preceding bond expiration, a bond renewal or new bond, in form and amount approved by the city manager and city attorney, shall be filed in the city building department. This process shall be continued through the completion of each mining operation. Forfeiture. Upon finding of noncompliance with the provisions of this code or the approved mining site plan or reclamation site plan, or failure to renew bonds within thirty (30) days of expiration, the building official shall notify the permit holder in writing of the noncompliance and the pending forfeiture of the compliance and/or restoration bond. This notice shall also include notice of the appeal process as set forth in section 20A-5.44. a. The compliance bond shall be forfeited for violating the conditions of site plan approval including, but not limited to, unapproved off-site discharge of water, failure to confine hauling to approved hauling routes, operating in violation of the safety, and/or security plan, excavating within required setbacks, mining of additional phases prior to restoration of the previous phase, and activity not cons?stent with permits issued by the city and other jurisdictional agencies. Upon appeal by the applicant, the city council may, upon determining findings of fact, conclude that the violation did not occur or was insignificant and may return all or part of the compliance bond. b. The restoration bond shall be forfeited for violating the conditions of the restoration plan including, but not limited to, mine abandonment prior to restoration, restoration not completed with the approved timeframe, restoration not consistent with water management standards, and restoration activities not consistent with permits issued by the city and other jurisdictional agencies. After a hearing by the city council, and the determination of findings of fact, the city may use the funds to Land Development Code Page VII-18 City of Sebastian 01/06/00 Chapter II: Districts and General Regulations Article VII: General Regulations restore the site in accordance with the approved site plan. Any funds remaining after the completion of the work shall be returned to the bond holder. Water Management Standards 1. Creation or Expansion of a Water Body. Any excavation activity that results in the creation or expansion of a water body shall be subject to the following standards, except as specifically exempted in §20A-2-7.15.C. a. Slope of Littoral Zone. The slopes of the water body areas from the top of bank to the littoral zone area shall not exceed one foot vertical to three (3) feet horizontal. The littoral zone slope shall not be steeper than an average slope of one foot vertical to six (6) feet horizontal. Although no minimum slope below the littoral zone is required, the slope below the littoral zone shall be constructed so that na~ral soil movement will not reduce the littoral zone area. Regulation of Environmental Impacts. There will be no significant adverse off-site impact on ground water quality or ground water levels. In the event of temporary dewatering during excavation, the applicant shall present evidence that no saltwater intrusion and/or reduction in quality of well water available to properties within one- quarter mile of the permitted activity will occur. Design of Water Management System. The water management system, including s~vales, interconnected wetlands, and lakes, must be specifically designed to inhibit siltation and the eutrophication processes. To ensure this, the applicant must submit an environmental management and lake monitoring plan, which meets with the approval of the City Engineer, specifying the method for monitoring the system and corrective action should eutrophication and/or siltation occur. Maintenance Easement. A twenty-foot-wide access maintenance easement shall be provided for every one thousand (1,000) feet of shoreline. This easement shall extend from below control elevation of the lake to a public or private road right-of-way. There shall be a minimum fifteen foot wide access around the water body. The City Engineer may require that such access be located in a maintenance easement. H, Use of Public and Private Roads Any excavation permit issued pursuant to this code shall be subject to the following provisions: Hauling Activities Regulated. The applicant shall ensure that neither public nor private properties ~vill be damaged by the hauling of excavated materials and that hazardous traffic conditions will not be created. All such applications shall identify and authorize the fill hauling route. If private roads or easements are intended to be used, written permission shall be submitted from the person or persons owning said road or easement as part of the application materials. No load limit shall be exceeded along the hauling route. Protection of Improvements. Where deemed necessary by the City Engineer, mats, culverts, ramps, or paved drives shall be placed at entrances and/or exits of haul sites in such positions that pavement edges, shoulders, curbs, and sidewalks will be protected from damage. Responsibility for Damage. Where damage occurs at the access point to a City, county, or state road from a permitted project, the permittee shall be responsible for repairs, and no future development permits shall be issued for the site until the damage has been repaired to the satisfaction of the applicable governing body. To ensure compliance, security may be required by the City in an amount and form to be approved by the City engineer and the City attorney. Cover Required on Hauling Vehicles. Where vehicles hauling materials use public roads, such vehicles shall be covered in a manner to prevent spillage, to the satisfaction of the City Engineer. L;md Developn, ent Code Page VII-19 City of Sebasti,'m 01/06/00 Chapter II: Districts and General Regulations Article VII: General Regulations 5. Identification Required on Hauling Vehicles. All hauling vehicles shall have the trucking company name, mailing address, and telephone number prominently displayed on both sides of the vehicle in letters at least three (3) inches in height and in a color contrasting that of the truck. Inspection and Revocation of Permits Right of Entry. The City shall not be denied the fight to enter the project site for inspection at any time during the permit period. Finding and Notice of Noncompliance. Upon the finding of noncompliance with any provision of this Land Development Code, the City Engineer shall notify the permit holder in writing of the noncompliance. Unless an immediate safety hazard exists, the permittee shall be given five (5) working days to correct the violation, aI2er which time the permit shall be suspended if the violation is not corrected. Action to Prevent or Minimize Threat to Life and Property. In cases where a violation of a section of this Land Development Code poses an immediate threat to life and properly, as determined by the City engineer, the permit shall be suspended by the City engineer and the permittee shall be immediately notified of the suspension and of his duty to begin immediate mitigation and correction of the hazard. If such mitigation and correction does not progress to the satisfaction of The City Engineer, the City shall have the fight to make all necessary corrections at the applicant's expense. Procedure for Filing Appeal. Any person receiving written notice of suspension of a permit may, within fifteen (15) days following the date of such notice, enter an appeal in writing to the City council. Such written appeal shall be deposited with the City clerk who shall stamp thereon the date and time received. Such written appeal must include a description of the property, the date of the notice of violations, and the number of such notice. The City council shall, within fourteen (14) days, hold a hearing on this appeal. At the conclusion of such hearing, the City council may continue the suspension, modify the suspension, revoke the excavation permit, or reverse the decision of the City engineer. The City Council shall not act upon any appeal, which is filed later than the fi~een (15) days notice set forth above. SECTION 20A-2.7.16: COMMERCIAL MULCHING MACHINES Applicable zoning districts. Commercial mulching machines are permitted in all zoning districts provided that such mulching machine use is strictly limited to on-site vegetation removal that is in conjunction with an approved City development order. See Section 20A-2.6.4 regarding conditional use criteria for commercial mulching operations. Follo~ving the issuance of a development order, a land clearing application will be submitted. If developer proposes to use a commercial mulching machine during the land cleating process, the application for land clearing must also show that the following criteria has been meet: 1. The minimum lot size shall be five acres. The commercial mulching machine shall be located within the site at a point furthest from any residential use abutting the lot and a minimum of 100 feet from the perimeter. All commercial mulching machines shall have a protective deflector barrier designed and sealed by a registered professional engineer in the State of Florida certifying that no projectiles from the commercial mulching machine will pass beyond the properly boundaries. A truck hauling mute plan showing the proposed routes of hauling mulched material from the site shall be submitted and approved by the City Engineer. If private roads or easements are intended to be used, written permission from the property owner shall be provided with the application. Where deemed necessary by the City Engineer, mats, culverts, ramps, or paved drives shall be placed at the entrances and/or exists of the site in such position that the pavement edges, shoulders, curbs, bicycle paths and sidewalks will be protected from damage. Land Development Code P~e VII-20 City of Seb~ti,'m 01/06/00 Chapter II: Districts and General Regulations Article VII: General Regulations All trucks hauling mulch from the site shall be covered to prevent spillage of materials hauled. All trucks shall bear a sign containing the company name, mailing address, and telephone numbers prominently displayed on both sides of the truck at least three inches in height and in a color contrasting the color of the track. The hours of operation of the commercial mulching machine shall be limited to the hours of 7:00 AM to 5:00 PM on weekdays. Operations on Saturday and/or operations other than between the hours of 7:00 Am and 5:00 PM may be permitted by the Planning and Zoning Commission upon a finding that the mulching operation does not constitute a nuisance or hazard to the adjacent neighborhood. If mulch is planned to be stockpiled at the site for more than thirty (30) days, a mulch stockpile plan shall be submitted. The Indian River County Fire Department shall approve the mulch stockpile plan~ Mulch shall not be stockpiled within one hundred (100) feet of the property line. The site shall have a fire suppression system approved by the Fire Department. 8. Mulching shall not last more than thirty (30) consecutive days. SECTION 20A-2.7.17: SWIMMING POOLS Prior to commencing construction of swimming pools, a building permit must be obtained. The following provisions shall be enforced in regulating construction of swimming pools. Application. The Building Department will receive and act on applications for a building permit. The application shall be accompanied by detailed pool plans, illustrating the location of mechanical equipment and also safety barriers, fences, screening, or other improvements to be constructed. The plans shall comply with the Standard Swimming Pool Code. Required Fencing. All swimming pools shall be completely enclosed with a fence or wall at least four (4) feet high and so constructed as to not be readily accessible by small children. Regulation of Gates and Doors to Swimming Pools. All gates or doors providing access to the pool area shall be equipped with a self-closing and self-latching device installed on the pool side at a minimum height of 3 V2, except that the door of any dwelling which forms a part of the enclosure need not be so equipped. Regulation of Lighting for Swimming Pools. Lighting for swimming pools shall be shielded in a manner that will confine illumination to the area of the pool. Regulation of Wastewater from Swimming Pools. Discharge of wastewater from such swimming pools shall be arranged in a manner, which will avoid septic tanks and/or drain fields, contamination or flooding of adjacent bodies of water or the flooding of adjacent properties. SECTION 20A-2.7.18: MANUFACTURED HOUSING Manufactured housing may be permitted if the units comply with the following standards: · City's adopted building codes; · State of Florida building'~tandards of CH. 320 and 553, FS; · U.S. Department of Housing and Urban Development Manufactured Home Construction and Safety Standards of 1974 (i.e., §320.823, FS); · All applicable provisions of the Comprehensive Plan and Land Development Cbde; · Adopted City Fire Codes; and · All manufactured housing shall be designed in a manner compatible with conventional housing including roof line, fenestration, foundation and similar features impacting compatibility. The finished floor elevation for manufactured housing shall be designed with site improvements necessary to preserve compatibility with surrounding structures. Land Development Code Page VII-21 City' of Sebastian 01/06/00 Chapter II: Districts and General Regulations SECTION 20A-2.7.19: HISTORIC AND/OR ARCHAEOLOGICAL SITES Article VII: General Regulations A. Necessary Precautions. Development activities shall include precautions necessary to prevent the following adverse impacts to historic or archaeological sites of significance: 1. Destruction or alteration of all or part of such site; 2. Isolation from or significant alteration to its surrounding environment; 3. Introduction of visible, audible, or atmospheric elements that are out of character with the property or significantly alter its setting; 4. Transfer or sale of a site of significance without adequate conditions or restrictions regarding preservation, maintenance, or use; and 5. Other forms of neglect resulting in its deterioration. B. Required Mitigation Measures. Development that impacts a historic or archaeological site or structure identified in the adopted Comprehensive Plan shall include a site plan that mitigates any potential adverse impacts. This site plan shall address the following impacts: 1. Destruction or alteration of all or part of such site; 2. Isolation from, or alteration of the surrouncV~ng environment; 3. Introduction of visual, audible, or atmospheric elements out of character with a property or change its setting; 4. Transfer or sale of the site of significance without adequate conditions or restrictions regarding preservation, maintenance, use or re-use; 5. Vegetation removal shall not be permitted on a historic or archaeological site unless the vegetation to be removed is a part of a duly authorized scientific excavation, or is a part of an approved development plan; and 6. Other forms of neglect resulting in resource deterioration. SECTION 20A-2.7.20: AFFORDABLE HOUSING The City of Sebastian is committed to fair, open, and affordable housing and shall approve sites for affordable housing which are consistent with the Comprehensive Plan and Land Development Plan. The City shall not approve affordable housing development proposals unless such proposed sites are: 1. Serviced by potable water and central wastewater systems; 2. Accessible to employment centers, including shopping centers which accommodate stores offering household goods and services needed on a frequent and recurring basis; 3. Located on a paved'street accessible to a major street identified on the City's major thoroughfare plan map; 4. Accessible to public parks, recreation areas, and/or open space systems; and 5. Located on sites having adequate surface water management and solid waste collection and disposal. Land Development Code Page VII-22 City. of Sebastim~ 01/06/00 ARTICLE VIII: NONCONFORMITIES AND NONCOMPLIANCES SECTION 20A-2-8.1: DEFINITIONS For purposes of this Code the terms "nonconforming use" and "noncomplying building or structure" are defined as follows: Nonconforming Use. A use of a building or structure or a tract of land which does not, on the effective date of this ordinance or amendment thereto, conform to any one of the current permitted uses of the zoning district in which it is located, but which was legally established in accordance with the zoning in effect at the time of its inception, or which use pre-dates all zoning codes and which use has not changed or been abandoned during its existence. Herein such nonconforming use may be referred to as a nonconformity. Noncomplying Building or Structure. Any building or other structure, for which the use is lawful (permitted or nonconforming), but the building or other structure does not comply with all applicable provisions of this code, including, but not limited to size and dimension regulations, off-street parking requirements, landscape requirements, performance standards, or height requirements, either on the effective date of this ordinance or as a result of any subsequent amendment. Herein such noncomplying building or structure may be referred to as a noncompliance. SECTION 20A-2-8.2: PURPOSE AND INTENT Purpose. The purpose of this article is to allow for, while not encouraging, the continuation of those lots, structures, uses, characteristics of use, or combinations thereof, which were lawful before the passage of this code, but which would be prohibited, regulated, or restricted under the terms of this code or future amendments thereto. This article is designed to provide reasonable and equitable standards and guidelines for the control and management of nonconforming uses and noncomplying buildings and structures. The regulations are especially important in regulating changes in the use, building or structure. Characteristics regulated include: kind of quality, volume or intensity, location, ownership or tenancy, accessory or incidental uses thereto, extension, enlargement, replacement, or any other change in characteristics of uses, buildings, or structures. Intent. It is the intent of this article to allow these nonconformities and noncompliances to continue until they are removed but not to encourage their survival. Such nonconformities and noncompliances are declared by this chapter to be incompatible with permitted uses in the districts involved. It is further the intent of this article that nonconformities and noncompliances shall not be enlarged upon, expanded or extended nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district. SECTION 20A-2-8.3: CONTINUANCE OF LAWFUL NONCONFORMITIES OR NONCOMPLIANCES Continuance of Nonconformities. A nonconforming use lawfully existing at the time of the enactment of this ordinance may be continued subject to the provisions of this code. Continuance of Noncompliances. The lawful use of a noncomplying building or structure may be continued subject to provisions of this code. Rules for Interpretation. ?qothing in this code shall be interpreted as authorization for, or approval of, continuation of any illegal use ora building, structure, premises or land, in violation of any ordinance. The casual, intermittent, temporary or illegal use of land, building or structure shall not be sufficient to establish the existence of a nonconforming use. Any building or structure for which a lawful building permit was issued prior to the enactment of this code, and construction of which is in conformity with approved site plans, if applicable, and building plans, shall not be affected by this code if the planned building or structure is built in full compliance with this code as it existed at the time of the issuance of the building permit. However, if such building or structure does not conform to the provisions of this code which cause such planned building, structure or use to be nonconforming or noncomplying, then it shall be nonconforming or noncomplying, or both, as the case may be, by applying this code to the building, structure or use. Land Development Code Page VIII-i City of Sebastim, 01/'06/00 Chapter II: Disu'ict and General Regulations Article VIII: Nonconformities and Noncompliances SECTION 20A-2-8.4: NONCOMPLYING LOTS OF RECORD Where a lot has an area and/or frontage less than the required minimum for the district in which it is located and was a lawful lot of record on the date such lot was zoned and rezoned to its current district classification, said lot may be used for any use permitted in the district in which it is located so long as the remaining provisions are complied with; provided, however, that in any residential district, the only use permitted on such nonconforming lot shall be one single-family dwelling. In all cases, any other zoning variances needed must be obtained from the Board of Adjustment, which may grant only the minimum variance necessary to the reasonable utilization of such lot. Such nonconforming lot must be in separate ownership and shall not share continuous frontage with other building sites in the same owne~hip. If two (2) or more contiguous lots under common ownership have continuous frontage and are legal lots of record at the time of passage or amendment of this article and if one or mom of the lots do not meet the requirements for lot width and area as established by this article, no portion of said parcel shall be used which does not meet building site width and area requirements established by the Land Development Code without bringing the lot(s) into compliance with the requirements of the Land Development Code. No division of any lot or pamel shall be made which leaves any lot, parcel, or remnant with width or area betow the requirements stated in the land development regulations. SECTION 20A-2-8.5: INCREASE IN NONCONFORMITIES PROHIBITED A nonconformity shall not be extended, expanded, enlarged, or increased in intensity, and such extension, expansion, enlargement, or increase shall include without being limited to: Extension of a nonconforming use to any other building or other structure or the extension of a nonconforming use to any land area other than the specific land area that was actually and directly occupied by such use on the effective date of this code (or on the effective date of a subsequent amendment thereto that causes such use to become nonconforming). Extension of a nonconforming use within a building or other structure to any portion of floor area on the same or another floor that was not actually and directly occupied by such use on the effective date of this code (or on the effective date of a subsequent amendment thereto that causes such use to become nonconforming). Notwithstanding, an existing nonconforming use may be extended within its existing structure if the extension does not require additional new floor area and such extension does not require additional parking spaces and the existing nonconforming use and the proposed extension comply with size and dimension regulations and other provisions of this code. Landscaping requirements shall be satisfied to the extent that sufficient area is available on-site. Operation of a nonconforming use in such manner as to conflict with any performance standards established for the district in which the use is located. E. F. SECTION 20A-2-8.6: Nothing contained in this article shall in any way prohibit a nonconforming use from acquiring additional off-street parking area, subject to applicable landscape requirements. No additions which increase the area of a building or structure shall be made if the building or structure is occupied, in whole or in part, by a nonconforming use. No structural alterations shall be made to any building or structure occupied by a nonconforming use except as permitted by this section. ' CHANGE IN NONCONFORMING USES WITHOUT STRUCTURAL ALTERA- TION If no structural alterations are made, a nonconforming use of a building or structure may be changed to another nonconforming use of a similar or higher (more restrictive) classification under the following conditions: The burden of proof shall be the responsibility of the applicant in demonstrating the following: L,'md Development Code Page VIII-2 City of Sebastian 01/06/00 Chapter II: District and General Regulations Article VIII: Nonconformities and Noncompliances The change in use shall not intensify or enlarge the basic use of the building or premises by increasing the need for parking facilities; by inc?easing vehicular or pedestrian traffic; by creating more noise, vibration, fire hazard, smoke, dust or fumes, by increasing hours of operation or number of employees; by increasing ground coverage or adversely impacting drainage; or otherwise result in a more intensive use of the building or premises; or change the basic character of the building or premises to more nearly conform to the character of the zoning of the district in which the building or structure is located. When a nonconforming use of all or any part of a building, structure or premises is changed to another nonconforming use of a more restricted character, the new use may not thereafter be changed to any less restricted use. When a nonconforming use of all or any part of a building, structure or premises has been changed to a conforming use, the new conforming use shall not thereafter be changed to any nonconforming use. No structural alterations shall be made to any building or structure occupied by a nonconforming use except as permitted in this code. E. The parking and landscape provisions nfsubsection 20A-2-8.7(F) shall be met. SECTION 20A-2-8.7: STRUCTURAL ALTERATIONS TO NONCONFORMITIES OR NONCOMPLIANCES Where a lawful structure or use exists at the effective date of adoption or amendment of this code, and it could not be built or used under the terms of this code by reason of restrictions on ama, lot coverage, height, yards, location on the lot, or other site development standards or requirements concerning the structure or use, it may be continued so long as it remains otherwise lawful, subject to the following provisions: Alteration, Extension, Enlargement or Expansion of Nonconforming Use or Noncomplying Building or Structure. No such alteration, extension, enlargement or expansion of a nonconforming use or noncomplying building or structure shall be permitted in a way which increases its nonconformance or noncompliance with present site development and use standards of the zoning district in which it is located, but any such structure or use or portion thereof may be altered to decrease its nonconformance or noncompliance with present site development and use standards of the zoning district in which it is located. Nothing in this subsection shall prohibit the building official from ordering thc compliance with ali other provisions of this code and applicable building construction and safety related codes. Replacement, Restoration and Reconstruction of Nonconforming Use or Noncomplying Building or Structure. In the event that any existing nonconforming structure or use, as provided for in this section, is destroyed by any means, including fire, flood, wind, explosion, act of God or act of a public enemy, such structure or use shall be permitted to be replaced, restored, or reconstructed according to the site development in effect at the time of its original construction except that replacement, restoration and reconstruction can only occur in compliance with those building, plumbing, electrical, gas, fire and other consU'uction and safety related regulations of the City in effect at the time of application for a permit to allow replacement, restoration or reconstruction. Reasonabte effort shall be undertaken to remedy any prior nonconformity or noncompliance. However, in no event shall the destroyed nonconforming structure or use be replaced to a degree or level which increases the prior existing nonconformity or noncompliance. Repairs and Maintenance of Nonconforming Use or Noncomplying Building or Structure. Routine repairs and maintenance of nonconforming structures or uses on fixtures, wiring or plumbing or on the repair or replacement ofwalls shall be permitted. Change in Location of Nonconforming Use or Noncomplying Building or Structure. Should any nonconforming structure or use be moved for any reason to any distance whatever from its original permitted location, it shall therealSer conform to the regulations for the zoning district in which it is located after it is moved. Accessory or Incidental Structures or Uses. Structures or uses normally accessory to or incidental to a permitted structure or permitted use in the zoning district in which the nonconforming use or noncomplying Land Development Code Page VIII-3 City of Sebastian 01/06/00 Chapter II: DisU-ict and General Regulations A~dcle VIII: Noncon[onnifies and Noncompliances building or structure is located may be permitted as accessory structures to the nonconforming or noncomplying building or structure so long as a nonconformance or noncomplying building or structure is not intensified. Treatment of Drainage, Off-street Parking and Landscape Requirements. All changes in nonconformities or noncompliances shall satisfy the apprupfiate drainage, parking and landscape provisions cited below and shall also comply with the drainage, off-street parking and landscape regulations of this code: If drainage, parking and landscaping, or any combination thereof are deficient at the time of the proposed change under the provisions of this code and the change does not require any additional drainage, parking or landscaping which would increase the existing deficiency, the change is permitted only if the deficiencies are: a. Corrected to the extent sufficient land is available on the site. If sufficient land was not available on the site on the effective date of this code to allow correction of all of the drainage, parking and/or landscaping deficiencies and sufficient land is not then (at the time of the proposed change) available, priority for correcting the landscaping and parking deficiencies shall be determined on a case-by-case basis by the Planning and Growth Management Department. If the drainage facilities and/or landscaping and/or parking are deficient at the time of the proposed change under the provisions of this code and the proposed change requires drainage facilities or parking spaces in addition to the existing deficiency, the change is prohibited unless the net additional drainage facilities and/or parking area and its attendant landscaping are provided and any deficiencies are corrected pursuant to the criteria of 20A-2-8.8(F)(I) above. SECTION 20A-2-8.8: ABANDONMENT OF A NONCONFORMITY If a nonconformity is removed, abandoned, or ceases, for a continuous period of not less than one hundred and eighty (180) days, every future use of the structure and/or premises shall be in conformity with the use provisions of the land development regulations. All material and equipment associated with the abandoned nonconformity shall be completely removed from the premises by its owner within one-year after the expiration of the one hundred and eighty (180) day period. Where the cessation of the use is involuntary, the nonconforming use shall not be declared abandoned after the one hundred and eighty (180) day period. However, if the use is discontinued voluntarily or involuntarily for a period of one year or more, every future use of the promises shall be in conformance with the use provisions of this chapter and all material and equipment associated with the discontinued nonconforming use shall be completely removed from the premises by the owner within sixty (60) days. Voluntary abandonment shall be indicated by one or more of the following: 1. Allowing licenses to lapse; 2. Removing utility meters; 3. Not maintaining structure in a habitable condition; Not making unit available for occupation (i.e., advertising or marketing through a realtor or other agent); and/or 5. Failure to perform actions pursuant to the terms of an active building permit. Land Development Code Page VIII-4 City of Sebastian 01/06/00 Chapter I~: Performance Crkcdz Artlde X: Appearance, Design and Compatibility ARTICLE X: .APPEARANCE, DESIGN AND COMPATIBILITY The City of Sebastian shall not approve a site plan or plat unless a finding is made that such site plan or plat conforms to all applicable provisions of the Iand development regulations. SECTION 20A-3-10.1: SITE LOCATION AND CHARACTER OF USE The Comprehensive Plan together with the land development regulations, including size and dimension regulations, general provisions, performance criteria, and the list of permitted and conditional uses, off-street parking, landscaping, required open spaces, yards and building setbacks shall collectively be the pdncipaI guides in determining the location and character of the proposed use. SECTION 20A-3-10.2: APPEAIL4xNCE OF SITE AND STRUCTURES Within all zoning districts within the City of Sebastian, the appearance of site and stmctores shall be coordinated for the purpose of creating a pleasing and harmonious overall environment. The choice of building materials, plant materials, lighting and other building and site improvements shall be commensurate with the objectives of the subject use and consider the impact on surrounding properties or transportation corridors. Evaluation of the appearance ora project shall also consider the following factors: Location and Screening of Mechanical Equipment, Utili~' Hardware and Waste Storage Areas. Mechanical equipment or other utility hardware other than antennas and stacks on roofs shall be harmonious with the building or they shall be located and/or screened so as not to be visible from any public ways within the impacted area, except within the Industrial District(s). Similarly, refuse and waste storage areas shall be screened from adjacent properties and public ways by appropriate fences, walls or hedges. Location and Screening of Solid Waste Container. In cases where dumpsters must be located in areas highly visible from any public fight-of-way, the planning and zoning commission shall be authorized to require appropriate vegetative or structure screening to shield an unsightly condition. Refuse Container Location Requirements. No front end loaded refuse container shall be located in any required parking space or vehicular use area, or in any required bufferyard or landscaping area. Service Access. Refuse container sites shall be provided which allow refuse vehicle service access without manually moving the container(s) of service. Fifty (50) feet of clear backup as measured perpendicular from the screen areas shall be provided from the face of the refuse containers' screening unless otherwise approved by the Growth Management Director, who shall find that the reduction is necessary to provide property rights enjoyed by others in the same zoning district, and will not be detrimental to public health, safety, and welfare. No encroachment into this area by parking spaces, sidewalks or landscape areas shall be allowed. Siting Obstructions. No refuse container shall be sited below obstructing wires or obstruct any electrical service equipment, fire protection equipment, any roof overhangs, or sited adjacent to any other obstruction to the container dumping process. Refuse Container Screening Requirements. Refuse containers shall be opaquely screened from view from public streets and adjacent properties, to a height of at least 6 feet, or 6 inches higher than the height of the container (whichever is higher). This screening may be achieved by 5vails, landscaping or buffer yards, or by virtue of the location of the container on the building site. Utility, Lines. in new construction, ail utility lines shall be placed underground. Ail telephone lines shall be placed underground. Service lateral electrical distribution lines serving individual installations shall be placed underground. Other high voltage electrical lines may be placed underground or on poles provided that the poles are within the street right-of-way and have provisions for street lighting. Large transformers shall be placed on the ground and be mounted on pads and contained within enclosures or vaults. Where Land Development Code Page X-I City of Sebastian 0i/06/00 11:54 AM Chapter III: Performance Criteria Article X~ Appearance, Design and Compa~bility enclosures or vaults are used, the construction and design shall be compatible with primary building design. Landscaping with shrubs and plants shall be provided to screen pad mounted transformers. Commercial and Manufacturing Activities Conducted in Enclosed Buildings. All businesses, services or manufacturing or processing shall be conducted within completely enclosed buildings. Outside storage and display areas are permitted subject to the following conditions: 1. The outside storage and display area is shown on the site plan. The outside storage and display area is not located on required parking areas. Temporary, short- term storage and display is permitted in parking areas when permitted by a special events temporary use permit. No outdoor storage and display area shall be located except on the parcel where the principal use is located. In no event shall items be stored or displayed on the adjoining public sidewalk and/or public right-of-way. The outdoor storage and display area shall not be located in a required visibility thangle as required by Sec. 20A-2-7.10. The outside storage and display area shall be kept clean and free of debris to prevent the blowing of trash and litter. Exterior Lighting. Exterior lighting shall be provided and shall be so arranged as to shield or deflect the light from adjoining properties and public streets. Signs. Signs shall be required to be harmonious with the urban design theme of the project and shall be aesthetically pleasing and emphasize good principles and practices of streetscape design. Pedestrian Sidewalks. Sidewalks shall be constructed along all collector and arterial streets in order to link major activity centers and shall also link vehicle use areas including parking areas with ali principal buildings. The pedestrian circulation system shall include marked pedestrian crossings in order to separate vehicular and pedestrian traffic. Loading Docks. Loading docks shall comply with provisions in Section 20A-3-10.8. When loading docks are required, they shall be located at the side or rear of the principal structure being served. Similarly, parking for trucks and all other company owned or controlled vehicles shall be located at the rear of the principal structure. Provisions for locating loading docks may be modified by the Growth Management Director after coordinating with appropriate City staff and only if the size and shape of the property is insufficient or inadequate to reasonably accommodate the size and dimension criteria herein stated. SECTION 20A-3-10.3: ACCESS, INTERNAL CIRCULATION, OFF-STREET PARKING AND OTHER TRAFFIC I~IPACTS The City Engineer and/or designated staff shall advise on matters related to this subsection: Internal Circulation System Design and Access/Egress Considerations. Driveways, curb cuts, aisles, bicycle ways, pedestrian ways, and areas for parking and internal circulation of vehicles, bicycles, and pedestrians shall be located, designed and controlled so as to provide for safe and convenient circulation within the site and safe and convenient access from and onto adjoining streets. The City Engineer shall review such design considerations based on standard traffic engineering principles and practices and such specifications as may be adopted by resolution of the City Council. Requirements of Article XV shall be applied for off-street parking. Among factors to be considered shall be the need for acceleration and deceleration lanes; the number, location and size of curb cuts, access drives, bicycle ways and pedestrian ways from adjacent streets, bicycle ways and pedestrian ways together with any special markings necessary to avoid conflict among vehicles, bicycles, and pedestrians; the location and design of driveways, access aisles, and bicycle ways to parking spaces; the arrangement, delineation and marking for parking areas; and the means of access to Land Development Code Page X-2 City of Sebastian 01/06/00 1 l:54 AM Chapter 12I: Performance Criteria Article X: Appearance, Design and Compatibility buildings for fire-fighting apparatus and other emergency vehicles. Separation of Vehicles, Bicycles and Pedestrians. Parking areas and driveways shall be clearly identified and separated from principal pedestrian mutes and recreation areas by curbs, pavement markings, planting areas, fences or similar features designed to promote pedestrian safety. Driveway and Curb-Cut Approvals. The City shall require that the proposed location of driveways and curb-cuts be coordinated with utility companies responsible for providing utility services in order to ensure that proposed construction activities are consistent with improvement plans as well as operation and maintenance activities and policies of utility service providers~ No development plan or building permit shall be issued until proof of such coordination is presented to the City by the applicant/developer. In addition, the applicant/developer submitting plans for driveway and curb-cut improvements shall comply with applicable surface water management regulations of Article XII and driveway design standards established by this article. [Note: See traffic impact analysis which is addressed in Article IX: Concurrency Management.] SECTION 20A-3-10.4: CONSTRUCTION OF DRIVEWAYS, SWALES, .~ND OTHER IM~PROVEMENTS AFFECTING DRAINAGE City Approval Required. The design of all drainage facilities for new or existing driveways or other elements of the circulation system potentially impacting drainage shall be approved by the City Engineer pr/or to commencement of construction or excavation activity. Review by the City Engineer is necessary to assure that: B. General Design Criteria. New driveways and other elements of the circulation sys:em shall provide adequate drainage, s~vales, ditches or similar stormwater channels and; improvements to existing driveways or other elements of the circulation system shall be designed to protect and/or enhance existing drainageways, or needed drainageways, as deemed appropriate by the City Engineer. Any swale, drainage ditch or other drainageway shall be sloped and contoured to properly direct the surface water to the drainage ditches or swales. Swales in the front of the lot shall also be shaped to prevent standing of water therein. Where any culvert pipe is laid under a driveway or similar installation, the final grade of the fill with sod overlay shall be at least two (2) inches below the invert of the ends of the pipe so that the sod does not obstruct the flow of water fi.om the pipe. Primary driveways are required to be paved and culverts shall be designed to meet accepted engineering standards. The City Engineer shall apply best management principles and practices in implementing the provisions of this section. Minimum dimensions between the edge of intersections to the edge of points of access (driveways) to lots developed withi}a a subdivision shall be located as follows: IntersectionSignalizedStop-SignControl Local50 50 Collector 175 75 Arterial230 115 NOTE: These standards are consistent with FDOT Rule #14-97, State Highway System Access Manazement Classification System and Standards, which dictate the location of access to State facilities. Land Development Code Page X-3 City of Sebastian 01/06/00 11:54 AM Chapter III: Performance Criteria Article X: Appearance, Design and Compatibility Single Family and Duplex Lots. Notwithstanding anything in this section to the contrary, single family and duplex lots that are less than twenty thousand (20,000) square feet in area shall not exceed the following criteria for driveway widths within a City, county or state right-of-way: 1. Single drive. The pavement width shall not exceed twenty-four (24) feet. Circular drive. In lieu of a single drive, a circular driveway may be permitted, provided that the maximum width shall not exceed sixteen (16) feet. Ln addition, there shall be a minimum separation of thirty (30) feet bebveen the driveways. Notwithstanding anything in this section to the contrary, single family and duplex lots that are at least twenty thousand (20,000) square feet in area shall be permitted an additional driveway, not to exceed sixteen (I6) feet in width with a minimum separation of thirty (30) feet from any other existing driveway(s) on the same lot. D. Commercial Sites. The following criteria shaI1 apply to all multi-family and commercial sites: All uses which are required to provide off-street parking spaces shall have entry and exit ways and drives at least twenty-two (22) feet in width to accommodate two-way traffic, unless a one-way traffic system is utilized, in which case entry and exit ways and drives shall be at least twelve (I2) feet in width, in the event that a one-way traffic system is utilized, appropriate traffic direction markers shall be installed. 2. There shall be no more than two driveways for each 200 feet of street frontage on any lot. Vehicular circulation must be completely contained ~vithin the property, and vehicles located within one portion of the site must have access to all other portions of the site without using the adjacent street system except for lots abutting a public alley. Site plans shall demonstrate that proper consideration has been given to the surrounding streets, traffic volumes, proposed street improvements, vehicular street capacities, pedestrian movements, and safety. Driveways shall not be constructed in the radius return of an intersection. Driveways shall be located a minimum of thirty (30) feet from intersecting right-of-way lines of local streets and one hundred eighty (180) feet from intersecting right-of-way lines of all other streets of higher classification. E. Minimum Standards for Construction of Driveways. Minimum standards for the construction, alteration or repair of driveways shall be as follows: No driveways shall be placed within 30 feet of an intersection, such 30 feet being measured from the right-of-way of the intersection, unless plans for the construction, alteration, or repair of such driveways are submitted to the city engineer 40 days prior to issuance of permit for the approval of the city council. 2 Driveways on state roads: No driveways shall be constructed on a state road unless the applicant shall have fn:st obtained a permit from the state department of transportation and submitted such permit to the city engineer. b. The minimum standards shall be the minimum standards established by the state department of transportation. 3. Driveways on nonstate roads where curb and gutter are in existence: a. Applicant shall maintain existing drainage and gutter. Land Development Code Page X-4 City of Sebastian 01/06/00 11:54 AM Chapter III: Performance Criteria Article X: Appearance, Design and Compatibility b. Applicant shall meet sidewalk grade if existing. c. Minimum width shall be 10 feet with a ten-foot radius at the intersections. d. Maximum width shall be 60 feet with a ten-foot radius at the intersection. Construction shall be either six inches of marl or shell rock after compaction with one inch paving on top, four inches of limerock after compaction with one inch paving on top, or four inches of concrete after compaction. Applicant shall rebuild curbing on the ten-foot radius, of like construction of existing curb, to a point five feet behind existing curbline. 4. Driveways on nonstate roads where curb and gutter are not in existence. a. Applicant shall maintain drainage in swale ditch. Applicant shall furnish minimum 12-inch pipe for drainage at least eight feet longer than driveway width, size of pipe to be specified in application for city engineer approval. Applicant shall provide a headwall on both sides of the pipe as per city standard design. c. The minimum and maximum width of construction and the material to be used shall be the same as in subsection (3) of this section with the exception of rebuilding existing curb. All residential driveways shall be surfaced with concrete, pea gravel, shell or any other comparable material approved by the city engineer and shall be properly graded. The property owner, or his successor in title, shall be responsible to mark the proper elevations on plans submitted to the city engineer and the property owner shall bear the cost of any changes required in such plans and construction of proposed driveways. It shall be unlawful to block or unreasonably obstruct the natural flow of water or drainage of water by any means, including construction, excavation, or fiII of land. Any structure, driveway, pipe, excavation, or fill of land in violation of this section shall be brought into compliance with this section at the owner's expense. Drains under driveways for swale ditches. All driveways over a swale ditch shali be provided with a swale drainage pipe with a minimum size of 12 inches diameter or greater if deemed necessary by the city engineer. The pipe shall be constructed of corrugated aluminum, high-density polyethylene or reinforced concrete pipe. The pipe shall be installed under the driveway at the proper elevation and set back as established by the approved GDC drainage plans, this Code, and/or established by the city engineer. The minimum length of the drainage pipe shall be the width of the driveway plus a minimum of four feet on each side of the driveway or additional length on each side of the driveway to provide for a three horizontal to one vertical slope from the top of the driveway surface to the bottom of the drainage pipe or greater lengtl~ as deemed necessary by the city engineer. A standard mitered end headwall shall be required in all cases at both sides of the pipe to avoid interference from grass or sediments. A permit must be obtained from the city engineer after paying the established fee in order to change, modifT, construct, reconstruct, or repair any drainpipe under a driveway, or any other structure or landfill accessory to any driveway, if any such structure or landfill might adversely effect drainage of any drainage swale. This fee shall not be required for any driveway in existence on the effective date of this section. No drainage in conjunction with a driveway other than the properly sized pipe will be permitted. Land Development Code Page X-5 City of Sebastian 01/06/00 11:54 AM Chapter UI: Perfomaaace Cdteda Article X: Appearance, Desig~ mad Compaffbi]ity G. Maintenance not an obligation of city. The issuance of a permit under this article does not constitute any obligation on the city to maintain driveways. Sec. 20A-3-10.5. Design and specifications for parking areas. A. General Design Standards. Parking in yards. Unenclosed parking spaces may be Iocated within a required yard. Carports and covered parking shall not be located within the required setbacks. Landscaping. All parking areas other than for single-family homes and duplexes shall conform to the landscape requirements of this code, as exist or as may hereinafter be amended. 3o No backing into a public street. Each parking stall for all parking areas other than for single- family homes and duplexes shall be accessible from an aisle or driveway and designed so that no automobile shall back into a public street in order to exit a parking stall. The internal design of the parking lot shall be designed to facilitate vehicular circulation and avoid conflict between pedestrian and vehicular movements. Separation from doorways or pedestrian entrances. No door or pedestrian entrance at ground level shall open directly upon any parking space, driveway or access aisle unless the doorway or pedestrian entrance is at least four (4) feet from said parking space, driveway or access aisle. Drainage. All off-street parking facilities shall be suitably stoped and drained so as not to cause any discharge of runoff to adjacent or public property. Stalls, aisles and driveways. The following criteria is applicable to ail parking spaces except single-family and duplex homes: Parking Angle Stall Width Stall Length Aisle Width Curb Width Overall Width (A) (B) (C) (D) (E) (F) 0 9ft. 9ff. 12ft. 23ff. 30ft. 30 10 ft. 18.2 ft. 12 ft. 20 ft. 48.4 ft. 45 10 ft. 20.5 ft. 12 ft. 14.1 ft. 53 fl. 60 lOft. 21.5 ff. i8ff. i 1.5 ff. 6I ff. 90 10 ff. 20 ft. 22 ft. 10 ft. 62 ft. All parking spaces, aisles and driveways shall substantially conform to the indicated design. Striping. Ali paved parking spaces shall have lines between spaces, at Ieast four (4) inches in width, of a contrasting color to the pavement or, unpaved surface and each stall may be required to be equipped with wheelstops if deemed appropriate by the City Engineer and the Plarming and Zoning Commission. D. Wheelstops. Wheelstops shall comply with the following standards: Standard precast concrete wheelstops or other types as approved by the City for stalls adjacent to landscaped strips shall be located two and one-half (2½) feet from the front end of the stall to prevent encroachment into reqinred landscaped areas. The front two (2) feet of the stall may be kept as a maintained grass strip although no credit will be extended toward the open space requirements of this code. Standard precast concrete wheelstops or other types as approved by the City for stalls not adjacent to landscaped strips shall be locatod three and one-half (3 ½) feet from the front end of the stall. The front three (3) feet of the stall may be kept as a maintained grass strip although no credit will be extended toward the open space requirements of this code. 3. All wheelstops shall be permanently anchored. Land Devetopment Code Page X-6 City of Sebastian 01/06/00 11:54 AM Chapter III: Performance Criteria Article X: Appearance, Design and Compatibility Compact spaces. Parking lots with twenty (20) or more spaces may be comprised of a max/mum of fifteen (15) percent compact car parking stalls but only if approved by the Planning and Zoning Commission. Such compact car stalls shall be seven and one-half (7½) feet wide by fifteen (15) feet long and marked for use by small vehicles. All markings shall be on the pavement surface where possible. Handicapped spaces. Handicapped parking spaces accessible to disabled persons shall be provided in accordance with this code and as may be applicable, the Americans with Disabilities Act, and other Federal and State laws and regulations. All publicly maintained and operated parking facilities intended for public use, and all businesses, firms or other persons licensed to do business with the public shall provide non- porous parking spaces for the handicapped as set forth below: Total Spaces Required Required Number of Handicap Spaces 1 ~ 25 I 26 - 50 2 51 - 75 3 76- 100 4 I0I - 150 5 151 - 200 6 201 - 300 7 301 - 400 8 Refer to the Standard Building Code for exceptions. Such parking spaces shall be designed and located as follows: All spaces shall have access to a curbramp or curbcut, when necessary, to allow access to the building served, and shall be located so that users will not be compelled to wheel behind parked vehicles. Diagonal or perpendicular parking spaces shall be a minimum of twelve (i2) feet wide with a five (5) foot wide designated loading zone. Parallel parking spaces shall be located either at the beginning or end of a block or adjacent to alley entrances. Curbs adjacent to such spaces shall be of a height which will not interfere with the opening and closing of motor vehicle doors. Each such parking space shall be prominently outlined with blue paint and posted with a permanent sign of a color and design approved by the Florida Department of Transportation, bearing the internationally accepted wheelchair symbol and the caption "PARK/NG BY D][SABLED PERMIT ONLY". Queuing Spaces. In addition to other parking re, quirements for a pr/ncipal use, stacking spaces shall be provided for drive-up windows in compliance with the following minimum specifications: Spaces. Number of spaces required including receiving or service window space: Six (6) stacking spaces per drive-up window. Where this requirement is demonstrated by the applicant to be inconsistent with the u'affic generating characteristics of a specific use, the applicant may request that the standard be modified by the Planning and Zoning Commission. The Planning and Zoning Commission may approve a reduction in the required waiting spaces for such use provided the applicant demonstrates that the intended use generates a low volume of drive-up traffic and does not require the standard six (6) stacking spaces. The Commission shall consider the nature of the use, its intensity, size, other parking facilities provided and other traffic generating characteristics. Land Development Code Page X-7 City of Sebastian 01/06/00 11:54 AM Chapter III: Performance Criteria Article X: Appearxnce, Design and Compatibility On-site. The required queuing shall be located on site and shalI not include any public right-of- way or accessways to the property. 3. Length of spaces. Each space shall be a minimum of twenty (20) feet in length. Width of spaces. Each Queuing lane shall be a minimum often feet in width. On curves with a radius of twenty-five (25) feet or less, a minimum pavement width of twelve (12) feet shall be provided. On curves with a radius of more than twenty-five (25) feet, a minimum pavement width often (i0) feet shall be provided. Surface. Surface requirements shall be the same as those specified for parking areas. Parking. Queuing spaces may not be used to satisfy any off-street parking requirements or loading requirements of this code. Sec. 20A-3-10.6. Entries, exits, drives and vehicle maneuvering areas for multi-family (excluding duplex lots), commercial, industrial, and institutional uses. A. Entries and exits. All uses which are required to provide off-street parking spaces shall have entry and exit ways and drives at least twenty-two (22) feet in width to accommodate two-way traffic, unless a one-way traffic system is utilized, in which case entry and exit ways and drives shall be at least twelve (12) feet in width. ][n the event that a one-way traffic system is utilized, appropriate traffic direction markers shall be installed. 2. There shall be no more than two driveways for each 200 feet of street frontage on any lot. Vehicular circulation must be completely contained ~vithin the properly and vehicles located within one portion of the site must have access to all other portions of the site without using the adjacent street system except for lots abutting a public alley. Site plans shall illustrate that proper consideration has bean given to the surrounding streets, traffic volumes, proposed street improvements, vehicular street capacities, pedestrian movements, and safety. Driveways shall not be constructed in the radius return of an intersection. Dfiveways shall be located a minimum of thirty (30) feet from intersecting right-of-way lines of local streets and one hundred eighty (180) feet from intersecting right-of-way lines of all other streets of higher classification. 6. Driveways shall be constructed to meet the standards of Sec. 20A-3-10.4.E. Ali drives and vehicular maneuvering areas shall contain traffic control signs and markings. All traffic controls, signage and pavement markings shall he designed and installed in accordance with the Manual of Uniform Traffic Control Devices (MUTCD). B. Internal circulation system.. The internal circulation system, kncluding drives and maneuvering areas, shall be designed to permit convenient maneuvering of cars and service vehicles into and out of each parking and loading space, and shall be arranged so that no vehicle need back onto a public right-of-way. No occupied parking or loading space shall interfere with access to any other parking or loading space, or with any pedestrian walkway. 2. Dead-and aisles are not permitted unless adequate mrnarounds are provided. Land Development Code Page X-8 City of Sebastian 01/06/00 11:54 AM Chapter E[I: Performance Criteria Article X: Appearance, Design a.ud Compafibil/ty Sec. 20A-3~10.7. Restricted use of off-street parking areas. All parking areas shall be used for automobile parking only, with no sales, dead storage, non-emergency repair work, dismantling or servicing of any kind. Where lighting is provided, it shall be arranged to reflect away from residential areas and public ways. Sec. 20A-3-10.8. Design and specifications for loading areas. Off-street loading requirements. Off-street loading spaces shall be provided and maintained in accordance with the follow/ng schedule: Retail loading requirements. For buildings or structures containing retail, food store, restaurant, laundry, dry cleaning or similar retail or service uses which have an aggregate gross floor area of: Over 5,000 square feet, but not over 25,000 square feet - one space; Over 25,000 square feet, but not over 60,000 square feet - two spaces; Over 60,000 square feet, but not over 120,000 square feet - three spaces; Over t20,000 square feet, but not over 200,000 square feet - four spaces; Over 200,000 square feet, but not over 290,000 square feet - five spaces; and Over 290,000 square feet - five (5) spaces, plus one (1) space for every additional [00,000 square feet or fraction thereof in excess of 290,000 square feet. Public, hotels, and office loading requirements. For each auditorium, exhibition hall, museum, hotel, or motel, office building, or similar use, which has an aggregate gross floor area of over ten thousand (t0,000) square feet, but not over forty, thousand (40,000) square feet, one (1) space; ptus one (1) space for each additional sixty thousand (60,000) square feet over forty thousand (40,000) square feet or fraction thereof. Industrial loading requirements. For any light manufacturing, warehouse, research and development, assembly or similar industrial uses which has aggregate gross floor area of: Up to 15,000 square feet - one space; Over 15,000 square feet but not over 40,000 square feet - two spaces; Over 40,000 square feet but not over 65,000 square feet ~ three spaces; Each additional 80,000 square feet over 65,000 square feet - one additional space. Other loading requirements. For any use not specifically mentioned in this section, the requirements for off-street loading for a use which is mentioned and to which the unmentioned use is similar shall apply. Where there is any question as to the off-street loading needs of any other use, said number she. Ii be determined and set by the Planning and Growth Management Director. Restrictions. Off-street loading facilities to meet the needs of one use shall not be considered as meeting the off-street loading needs of any other use. No area supplied to meet the required off- street parking areas for a use shah be utilized for or be deemed to meet the requirements of this section for off-street loading facilities. Joint use of loading areas. Nothing in this section shall prevent the collective, joint or combined provision of off-street loading facilities for two (2) or more buildings or uses; provided, that such off-street loading facilities are equal in size and capacity to the combined requirements of the several buildings or uses and are so located and arranged as to be usable thereby. Plans for buildings or uses required off-street loading facilities under the provisions of this section shall Land Development Code Page X-9 City of Sebastian 01/06/00 11:54 AM Chapter III: Performance CrJ. t~ria Article X: Appearance, Design and Compan'bilit'y clearly indicate the location, dimensions, clearance and access of ail such required off-street loading facilities. Design requirements. Each space shall have a direct access to a public right-of-way and shall have the following minimum dimensions: Length: Twenty-five (25) feet; a larger length upward to thirty-five (35) feet may be required upon recommendation by the city engineer and approval of the planning and zoning commission. 2. Width: Twelve (12)feet. 3. Height: Fourteen (14) feet. Sec. 20A-3-10.9. Surfacing requirements for parking and loading spaces. In all zoning districts, surfacing of ail off-street parking areas and drives, except within RS zoning districts having single-family uses exclusively, shall be as follows: Nonporous surfaces. All parking areas and approaches thereto shall require a minimum surfacing material of four (4) inches reinforced concrete, or six (6) inches of lime rock, aI2er compaction, or a comparable material with one inch minimum asphaltic topping except as otherwise provided herein. Porous surfaces. The use of porous parking surfaces suitable for use on specific sites within the city and so demonstrated by the land owner or his designated agent may be approved by the planning and zoning commission upon recommendation of the city engineer, as an alternative to the surface requirements of subsection 20A-3-10.9.A. Paved handicapped parking shall be provided at all sites where it is required. The consideration, approval and use of porous paving shall be limited to places of worship, historical structures, public recreation facilities, and establishments which do not have parking needs on a daily basis: Application requirements and supportive information. In addition to other requirements of this chapter, the application for site plan approval which incorporates the use of porous parking or loading surfaces shall include the following information and/or requirements which shall be certified by a Florida registered engineer: A cross-section of the structural section to be used on the parking area certified as appropriate based on natural characteristics of the site, traffic generating characteristics and load bearing requirements of the proposed use, anticipated surface water mn-off, and durability and porosity of proposed surface. b. Detailed drainage plan. c. Percolation tests in appropriate areas of the site to describe any varied soil permeability conditions present on-site. d. Estimated location of the groundwater table during wettest season. e. Description of existing soils on parking area to a depth of five (5) feet below the bottom of the structural section or to the water table. Description of the traffic generating characteristics of the site inctudLng frequency of use', turnover, type of vehicles using surface and anticipated load bearing requirements in pounds per square inch. Test profile of proposed construction material including soil density, stability of materials and water absorption. The load bearing capacity of the proposed improved surface shall not be less than fifty (50) pounds per square inch Florida bearing capacity or its equivalent for a depth of not less than eight (8) inches. Land Development Code Page X-10 City of Sebastian 01/06/00 1 l:54 AM Chapter III: Performance Criteria Article X: Appearance, Design and Compatibility Maintenance program shall be submitted as a written statement and shall be directed toward achieving and maintaining orderly and neat appearance of grassed areas in perpetuity. Such program shall legally bind the applicant and successors in ownership to the continued maintenance of such areas including replacement of dead or unsightly sod or other plant material as well as the repair of surface damage or clogging of subsurface base. This legal instrument shall be submitted in a form which shall be approved by the city attorney prior to receipt of any city approval of the project. i. Other information as may be required by the planning and zoning commission. Surface types. Porous surfaces shall be of the following types as provided by the planning and zoning commission. a. Commercially marketed porous parking blocks may be approved by the planning and zoning commission following favorable recommendation by the city engineer. For places of worship or other land uses generating highly infrequent traffic, as determined by the city engineer, sod may be placed on a stable sub-grade for the required parking spaces (driveways and vehicular access-ways shall be paved), upon approval by the planning and zoning commission. Such approval shaI1 be granted only for projects generating very limited traffic. Similarly, such approval shall be conditioned on stipulated traffic generation rates specified in the application. Subsequent changes in traffic generation shall constitute grounds by which the city engineer may request review by rte planning and zoning commission in order to determine if the increased traffic generation rates warrant improvements to the parking surface. Stone may be used for parking space provided that the stone is required as parX of an approved drainage system for the lot, that the stone is no smailer than a #57 stone in size and that the use is approved by the planning and zoning commission. Driveways and vehicular access- ways shall be paved. Continuing maintenance. A continuing maintenance program shall be required to be carried out by the landowner in all cases where a porous surface is approved by the planning and zoning commission. Such maintenance program shall include maintenance provision cited in subsection 20A-3-I0.9.B.l.h. Violation of such maintenance program shall be subject to penalties as provided in section 1-10 of the Code of Ordinances. Procedure for review. Proposals for use of a porous surface shall be reviewed in accordance with the site plan review procedures described in Article X of this code. The City Engineer shall provide detailed comments concerning .such proposals to the planning and zoning commission prior to consideration by the board. Land Development Code Page X-11 City of Sebastian 01/06/00 11:54 AM ARTICLE XV. OFF-STREET PARKING Sec. 20A-3-15.1. Applicability. Parking shall be provided and maintained in all districts at all times. The off-street parking and loading shall be reviewed at the time any building or structure is erected or enlarged or increased in capacity by a change of use or the addition of dwelling units, floor area, seats, employees or other factors determinative of parking or loading demand as stated in this article. Sec. 20A-3-15.2. Parking spaces required by use. The following uses shall have such parking spaces as designated by this section: Use Auto sales. Auto repair. Bar and lounges Bowling lanes. Business and professional offices (excluding medical offices). Chitd Care. Churches, temples, places ofworship. Convenience Stores. Flea markets. Funeral homes. Furniture and Appliance Stores and Furniture Repair shops. Health Clubs. Hospitals. Hotels, motels Kennels and Animal Hospitals. Libraries Manufacturing, and wholesale. Marinas. Required Parking One space per five hundred (500) square feet of showroom and office space plus one space per two thousand five hundred (2,500) square feet of outdoor display area. Two (2) spaces for each bay, grease rack or similar facility, plus one space per four hundred (400) square feet of office and/or sale area. No such bay, rack or similar facility shall be counted as a parking space for meeting the parking requirements of this article. One space for each three (3) persons based on the maximum capacity. Four (4) spaces per lane plus the spaces otherwise required for accessory uses (restaurant and meeting rooms). One space for each two hundred (200) square feet of office space. One (1) for each five (5) children based on licensed capacity. One space for every four (4) seats figuring maximum seating capacity. One space per one hundred fifty (150) square feet of retail area. Three (3) spaces per booth One space for every three (3) seats within the chapel(s) plus one space per three hundred (300) square feet ofali other building areas. One space per four hundred (400) square feet of display area. One space per two hundred (200) square feet. Two (2) spaces for each bed intended for patients, excluding bassinets. One space for each unit plus one space for each four hundred (400) square feet of accessory meeting room(s). space per seven hundred-fifW (750) square feet. One space for each three hundred (300) square feet of gross building area. One space for each five hundred (500) square feet of gross building area or one space for each empIoyee of the shit~ of employees that employs the greatest number of employees, whichever is greater, plus one space for each vehicle operating from the premises. One space for each three hundred (300) square feet of principal building; )lus. one (1) parking space for each transient live-aboard vessel slip, one (1) space for every two (2) wet slips, and one (1) space for every four (4) dry slips; plus (Continued on next page) Charter and party boats shall have one (1) parking space for every three (3) occupants based on the maximum capacity of each such boat in accordance with the Coast Guard License issued to each such boat (This does not include "six-pack" boats"), which shall be calculated at two (2) spaces per boat; plus Rental facilities for vessels, kayaks, canoes, rowboats, paddle boats, sailboat and sailboards of any kind, (hereinafter collectively referred to as Land Development Code P~e XV-1 City of Sebastian 01/06/00 Chapter i~: Performance Criteria Article x%r: Off~S~eet Parking Use Medical offices, dental offices and outpatient clinics. Mini-Storage. Model Home Museums. Nursing homes and assisted care facilities. Plant nurseries Areas of public assembly, theaters, auditoriums, public or private clubs or lodges. Public Parks and Recreation Residential, single family ResidentiaI, duplex Residential, multi-family Residential, mobile home Residential, commercial resor~ Residential, mobile home parks or courts. Restaurants (sit down). Restaurants (take out only) Restaurants (Food service delivery only, no on site consumption) Retail sales stores. Schools, Junior high and elementary school, s. Schools, High schools. Transportation terminals. Warehousing. Required Parking "water transports") shall maintain one (1) space for every water transport. One space for each one hundred seventy five (175) square feet. One space plus one (1) per three thousand (3,000) square feet. Five (5) spaces. One space for each three hundred (300) square feet of gross building area. 0.6 spaces per bed based on the maximum capacity of the building; plus one (1) space per 200 square feet of medical offices within the facilit7. One space per two hundred fifty (250) square feet of indoor retail sales area plus one space per thousand (i,000) square feet of greenhouse area plus one space per five thousand (5,000) square feet of exterior sales area. One (1) space for every three (3) persons figuring maximum occupancy. Parks - two (2) spaces per acre. Athletic fields - twenty spaces per field. Stadiums - one space for each four (4) seats; one seat is equal to two (2) feet of bench length. Golf courses - five (5) spaces per hole plus the spaces otherwise required for accessory uses (restaurant and meeting rooms). Swimming Pools - one space per one hundred (100) square feet of pool surface area. Tennis - two (2) spaces per court. Two (2) spaces for each single-family d~velling. Two (2) spaces for each dwelling unit. Two (2) spaces for each dwelling unit. Two (2) spaces for each single-family dwelling. One space per unit. Two (2) spaces per unit; one must be at lot site. One (1) space for each three (3) seats based on the maximum seating capacity. In addition there shall be one (l) space per forty-five (45) square feet of outside customer service area. Three (3) parking spaces plus one additional space for each two hundred (200) square feet of gross building area. One parking space for each two hundred (200) square feet of gross building area. One (I) space per one hundred fifty (150) square feet for buildings _< 5,000 square feet. One (1) space per two hundred (200) square feet for buildings > 5,000 and _< 10,000 square feet. One (1) space per two hundred fifty (250) square feet for buildings > I0,000 square feet. One (1) space for each ten (10) students. One (I) space for each four (4) students. One (1) space for each two hundred (200) square feet of floor space. One (1) space for every one thousand (I,000) square feet of gross floor area up to ten thousand (10,000) square feet, and one additional space for each two thousand (2,000) square feet above ten thousand (10,000) square feet. Land Development Code Page XV-2 City of Sebastian 01/06/00 Chapter Ill: Performance Criteria Arfide XV: Off-Street Parking Sec. 20A - 3-15.3. Computation of parking spaces. In computing the number of required parking spkces the following roles shall govern: Floor area calculation. Floor area means the gross floor area of a particular use. Retail area means that floor area accessible by the public. Seating capacity calculation. Where requirements are established on the basis of the number of seats, such requirements shall be based on the seating capacity permitted by the fire code and approved by the Indian River County Fire Department and the Indian River County Health Department, if applicable, whichever is more restrictive. Interpretation of computation with fractions. Where fractional spaces result, the number of spaces required shatl be construed to be the next whole number. Requirements for uses not identified. The parldng requirement for any use not specified shall be the same as that required for a use of a similar nature as recognized herein; or where not recognized herein, shall be based on criteria published by the American Planning Association or similarly recognized standards of their profession and such standard shall be approved by the Planning and Zoning Commission. Requirements for mixed uses. In the case of mixed uses, the parking spaces shalI be equal to the sum of the several uses computed separately. Applicability of standards to expanding uses. Whenever a building or use is enlarged in floor area, number of' dwelling units, seating capacity or in any other manner so as to create a need for a greater number of parking spaces than that existing, such spaces shall be provided in accordance with this article. Sec. 20A-3-15.4. ~',lodification of Parking Requirements. A. Location of off-street parking spaces. Residential. The required parking for single family and duplex units shah be located on the lot where the structure is located. The garage shah not be counted toward the parking requirement. Multi-family. Parking for multi-family residential uses shall be located on-site. Spaces shall be within one hundred and fifty feet of the door of the unit that the spaces are intended for. Model homes. The required parking for a model home shall be located on the same lot as the model, or on a contiguous lot, owned by the contractor or developer, or may be located in the adjacent right-of-way if approved by the city engineer. Ail parking shall meet the following requirements: ao Any parking located on a comer lot shall be designed so as not to obstruct the view of approaching traffic. Ingress and egress to the parking area shall be a minimum of thirty (30) feet from any comer and a minimum often (I0) feet from any property line. c. The driveway ma, y be counted for two parking spaces. Commercial, institutional, industrial. Off-street parking spaces required by this section shall be located on or adjacent to the lot on which the main building or use is located. For buildings or uses located in a commercial district, parking spaces may be located on another site, provided such site is not more than three hundred (300) feet from the existing building or use, if the full amount of the required facilities cannot be provided on the same parcel of land as the structure because the existing structure(s) consume space that would otherwise be available for parking. No more than twenty-five percent of the tokai required spaces may be located in the off-site facility. Such parking space will be within a commercially zoned district. Such sites can not be separated by streets of a Land Development Code P~e xv-g City of Sebastian 01/06/00 Chapter III: Performance Criteria Ardcle XW': Off-Sa'eet Parking major collector or above designation or by a railroad fight-of-way. Parking sites located across public streets may require safeguards as determined by the Planning and Zoning Commission. The owners of the land on which the facilities are to be located shall record an agreement as a covenant running with the land, approved by the City Attorney, and filed in the Official Records of Indian River County. The agreement shall provide that said facilities shall continue so long as the structures or use they were intended to serve is continued. Joint Use. A single parking area may be used to service more than one establishment if the normal hours of operation of the establishments do not overlap. Ifa single parking area is so used, additional parkthg may be required as a condition of continued occupancy at any time the hours of operation of the establishments are altered to mn during any concurrent period. Any joint use of parking spaces on a prorated basis must have a document of joint use signed by all parties concerned and approved as binding by the city attorney. Historical Structures. When the parking standards are applied to an historic structure and such requirements would detrimentally affect the historic character of the property, the Planning and Zoning Commission may reduce the parking requirement. A maximum reduction of 1 space or ten percent of the total parking spaces required, which ever is greater, may be permitted. The Planning and Zoning Commission shalI find that a reduction in parking will not create a hazardous condition or detrimentally affect traffic movement. Specimen or historic trees. A maximum reduction of one space or ten percent of the total number of parking spaces required, whichever is greater, may be permitted to save specimen or historic trees. Sec. 20A-3-15.5. Parking areas not to be reduced in area. Areas designated for off-street parking or loading in accordance with the requirements of this code shall not be reduced in area or changed to any other use unless the permitted use which it served is discontinued or modified, except where equivalent parking or loading space is provided and approved pursuant to Article XVIII, "Site Plan Review." Land Development Code Page XV-4 Ci.w of Sebastian 0t/06/00