HomeMy WebLinkAboutO-10-05Use
Required Parking
Auto sales.
One space per 500 square feet of showroom and office space
plus one space per 2,500 square feet of outdoor display area.
Auto repair.
Two spaces for each bay, grease rack or similar facility, plus one
space per 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.
Bar and lounges
One space for each three persons based on the maximum
capacity.
Bowling lanes.
Four spaces per lane plus the spaces otherwise required for
accessory uses (restaurant and meeting rooms).
ARTICLE XV. PARKING REQUIREMENTS
ORDINANCE NO. 0 -10 -05
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING
LAND DEVELOPMENT CODE SECTION 54 -3 -15 REGARDING PARKING
REQUIREMENTS; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council finds it is in the public interest to modify certain provisions
of the off street parking code; and
WHEREAS, the Local Planning Agency held a public hearing on August 19, 2010, and
made a recommendation to City Council to approve Ordinance 0- 10 -05.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows:
Section 1. That the Code of Ordinances, City of Sebastian, Florida, is hereby
amended as follows:
Sec. 54 -3 -15.1. Applicability.
Parking shall be provided and maintained in all districts at all times. 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. 54 -3 -15.2. Parking spaces required by use.
The following uses shall have such parking spaces as designated by this section:
Business and professional
offices (excluding medical
offices).
One space for each 200 square feet of office space.
Child care.
One for each five children based on licensed capacity.
Churches, temples, places
of worship.
One space for every four seats figuring maximum seating
capacity.
Convenience stores.
One space per 150 square feet of retail area.
Flea markets.
Three spaces per booth
Funeral homes.
One space for every three seats within the chapel(s) plus one
space per 300 square feet of all other building areas.
Furniture and appliance
stores and furniture repair
shops.
One space per 400 square feet of display area.
Health clubs.
One space per 200 square feet.
Hospitals.
Two spaces for each bed intended for patients, excluding
bassinets.
Hotels, motels
One space for each unit plus one space for each 400 square feet
of accessory meeting room(s).
Kennels and animal
hospitals.
One space per 750 square feet.
Libraries
One space for each 300 square feet of gross building area.
Manufacturing, and
wholesale.
One space for each 500 square feet of gross building area or one
space for each employee of the shift of employees that employs
the greatest number of employees, whichever is greater, plus one
space for each vehicle operating from the premises.
Marinas.
One space for each 300 square feet of principal building; plus one
parking space for each transient live- aboard vessel slip, one
space for every two wet slips, and one space for every four dry
slips; plus
Charter and party boats shall have one (1) parking space for
every three 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 spaces per boat; plus
Rental facilities for vessels, kayaks, canoes, rowboats, paddle
boats, sailboat and sailboards of any kind, (hereinafter collectively
referred to as "water transports shall maintain one space for
every water transport.
Medical offices, dental
offices and outpatient
clinics.
One space for each 175 square feet.
Mini storage.
One space plus one per 3,000 square feet.
Model home
Five spaces.
Museums.
One space for each 300 square feet of gross building area.
Nursing homes and
assisted care facilities.
0.6 spaces per bed based on the maximum capacity of the
building; plus one space per 200 square feet of medical offices
within the facility.
Plant nurseries
One space per 250 square feet of indoor retail sales area plus one
space per 1,000 square feet of greenhouse area plus one space
per five thousand 5,000 square feet of exterior sales area.
Areas of public assembly,
theaters, auditoriums,
public or private clubs or
lodges.
One space for every three persons figuring maximum occupancy.
Public Parks and
recreation
Parks two spaces per acre.
Athletic fields 20 spaces per field.
Stadiums one space for each four seats; one seat is equal to two
feet of bench length.
Golf courses five spaces per hole plus the spaces otherwise
required for accessory uses (restaurant and meeting rooms).
Swimming pools one space per 100 square feet of pool surface
area.
Tennis two spaces per court.
Residential, single family
Two spaces for each single family dwelling.
Residential, duplex
Two spaces for each dwelling unit.
Residential, multifamily
Two spaces for each dwelling unit.
Residential, mobile home
Two spaces for each single family dwelling.
Residential, commercial
resort
One space per unit.
Residential, mobile home
parks or courts.
Two spaces per unit; one must be at lot site.
Restaurants (sit down).
One and one -half spaces for each 100 square feet of gross floor
area (excluding food preparation area) including outside customer
service areas.
Restaurants (take out
only)
Three parking spaces plus one additional space for each 200
square feet of gross building area.
Restaurants (food service
delivery only, no on -site
consumption)
One parking space for each 200 square feet of gross building
area.
Retail sales stores.
One space per 150 square feet for buildings 5,000 square feet.
One space per 200 square feet for buildings 5,000 and
10,000 square feet. One space per 250 square feet for buildings
10,000 square feet.
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Schools, junior high and
elementary schools.
One space for each ten students.
Schools, high schools.
One space for each four students.
Transportation terminals.
One space for each 200 square feet of floor space.
Warehousing.
One space for every 1,000 square feet of gross floor area up to
10,000 square feet, and one additional space for each 2,000
square feet above 10,000 square feet.
Sec. 54 -3 -15.3. Computation of parking spaces.
In computing the number of required parking spaces the following rules shall govern:
(a) Floor area calculation. Floor area means the gross floor area of a particular use. Retail
area means that floor area accessible by the public.
(b) Interpretation of computation with fractions. Where fractional spaces result, the number of
spaces required shall be construed to be the next whole number.
(c) Requirements for uses not identified. The parking requirement for any use not specified
shall be the same as that required for a use of a similar nature as recognized herein; or where
not recognized herein, shall be based on criteria published by the American Planning
Association or similarly recognized standards of their profession and such standard shall be
approved by the planning and zoning commission.
(d) Requirements for mixed uses. In the case of mixed uses, the parking spaces shall be
equal to the sum of the several uses computed separately.
(e) 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. 54 -3 -15.4. Parking requirements.
(a) Location of off street parking spaces.
(1) Residential. The required parking for single family and duplex units shall be located on the
lot where the structure is located. The garage shall not be counted toward the parking
requirement.
(2) Multifamily. Parking for multifamily residential uses shall be located on -site. Spaces shall be
within 150 feet of the door of the unit that the spaces are intended for.
(3) 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
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the adjacent right -of -way if approved by the city engineer. All parking shall meet the following
requirements:
a. Any parking located on a corner lot shall be designed so as not to obstruct
the view of approaching traffic.
b. Ingress and egress to the parking area shall be a minimum of 30 feet from
any corner and a minimum of 10 feet from any property line.
c. The driveway may be counted for two parking spaces.
(4) Commercial, Institutional, Industrial zoning districts. 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, except as specifically provided herein. For buildings or uses located in a non residential
district, parking spaces may be located on another site, provided such site is not more than 500
feet, if the full amount of the required facilities cannot be provided on the same parcel of land.
This shall be measured from the property line of the development to the property line of the off
site parking area. No more than 50% of the total required spaces may be located in the off -site
facility. Such parking spaces shall be within a non residentially zoned district. Such sites can not
be separated by streets of a major collector, roadways with more than two lanes or by a railroad
right -of -way. Parking sites located across public streets may require safeguards as determined
by the Planning and Zoning Commission.
Any sites utilizing off -site parking shall execute a cross access agreement by all parties having a
legal interest in the property(s) covered. Said agreement shall be provided at the time of site
plan application for the properties affected. The easement agreement shall provide for the
perpetual access and use of the adjacent property's parking spaces and driving aisles. The
easement agreement must be approved as to legal form and sufficiency by the City Attorney.
The easement agreement must be recorded in the public records prior to the approval of the
project site plan or in cases where no site plan approval is necessary (applicable), prior to
issuance of a building permit.
(5) Within the Commercial Waterfront Residential and Commercial Riverfront zoning districts
the following shall apply:
a. Increases to the floor area of an existing building, construction of a new building having
greater floor area or a change to the approved uses in an existing building, the parking
requirements of this section shall apply. In lieu of meeting these requirements, owners or
developers in the Community Redevelopment Area (CRA) shall be allowed to purchase required
parking spaces by paying a fee in accordance with this subsection (5).
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(i) Establishment of Riverfront Parking Trust Fund. The Riverfront Parking Trust Fund is
hereby established to receive the fee paid by developers in lieu of providing on -site
parking necessary for a project and shall be used only to develop and maintain public
parking within the Community Redevelopment Area east of the Florida East Coast railroad
tracks. This program is available to commercial uses and properties within the Commercial
Riverfront (CR) and Commercial Waterfront Residential (CWR) districts only.
(ii) Establishment and Calculation of Trust Fund Spaces. The fee amount shall be
calculated on a "per space" standard. Fees shall be determined by the City based upon
the cost of design and construction per parking space. If the City purchases additional
land to be utilized as public parking, then the costs shall include the acquisition costs.
These fees will be adopted by the City Council and may be amended from time to time by
resolution.
(iii) Maximum. The maximum number of spaces that may be purchased in this program is
30 per development.
(iv) Non Exclusive Use. Any public parking utilized in this program is not assigned to a
business or to be reserved in any manner. Participating in this program confers no rights
upon the business to place any advertisement, notices or signage upon the parking
spaces The City expressly retains all such rights.
(v) Exceptions. Residential and Multi Family uses are excluded from utilizing the Parking
Trust Fund to meet their parking requirements.
(b) 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. If a single parking area is so
used, additional parking may be required as a condition of continued occupancy at any time the
hours of operation of the establishments are altered to run 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.
(c) 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 shall find that a reduction in parking will not create a
hazardous condition or detrimentally affect traffic movement.
(d) 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.
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Sec. 54 -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.
Section 2: EFFECTIVE DATE. This Ordinance shall take effect immediately upon
passage.
Section 3. SEVERABILITY. In the event a court of competent jurisdiction shall
determine that any part of this Ordinance is invalid or unconstitutional, the remainder of the
Ordinance shall not be affected and it shall be presumed that the City Council of the City of
Sebastian did not intend to enact such invalid provisions. It shall further be assumed that the
City Council would have enacted the remainder of this Ordinance without said invalid or
unconstitutional provision, thereby causing said remainder to remain in full force and effect.
Section 4: CONFLICT. All ordinances or parts of ordinances in conflict herewith are
hereby repealed.
The foregoing Ordinance was moved for adoption by Councilmember
Coy The motion was seconded by Councilmember
Hill and, upon being put to a vote, the vote was as follows:
ATT T:
Mayor Richard H. Gillmor
Vice -Mayor Jim Hill
Councilmember Andrea B. Coy
Councilmember Eugene Wolff
Councilmember Don Wright
Sally A. M o, MMC
City Clerk
aye
aye
aye
aye
aye
The Mayor thereupon declared this Ordinance duly passed and adopted this 22n day of
September 2010.
CIT
By:
May Richard H. Gillmor
OF
ORIDA
Approved as to Form and Legality for
Reliance by the City of Sebastian Only:
Robert Ginsburg, City Attorney
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