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HomeMy WebLinkAbout03062008 PZ AgendaQiY OF ~~~T~'~V HOME OF PEUCIIN ISIAND 1225 MAIN STREET ^ SEBASTIAN, FLORIDA 32958 TELEPHONE (772) 589-5518 ^ FAX (772) 388-8248 AGENDA PLANNING AND ZONING COMMISSION THURSDAY, MARCH 6, 2008 7:00 P.M. 1. CALL TO ORDER: 2. PLEDGE OF ALLEGIANCE: 3. ROLL CALL: 4. ANNOUNCEMENTS: 5. APPROVAL OF MINUTES: Regular Meeting of 1/ 17/08 6. OLD BUSINESS: 7. NEW BUSINESS: A. Quasi-Judicial Public Hearing -Conditional Use Permit -Model Home Renewal - 452 Briarcliff Circle, Ashbury Subdivision -Maze Homes B. Discussion -Changes to LDC Section 54-3-15.2, Parking Requirements 8v Definitions for Marina Uses 8. CHAIRMAN MATTERS: 9. MEMBERS MATTERS: 10. DIRECTOR MATTERS: 11. ATTORNEY MATTERS: 12. ADJOURNMENT: ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE ON THE ABOVE MATTERS, WILL NEED A RECORD OF THE PROCEEDINGS AND MP_Y NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH APPEAL IS TO BE HEARD. SAID APPEAL MUST BE FILED WITH THE CITY CLERK'S OFFICE WITHIN TEN DAYS OF THE DATE OF ACTION. (286.0105 F.S.) IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS SPECIAL ACCOMMODATIONS FOR THE MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT (772)-589-5330 AT LEAST 48 HOURS PRIOR TO THE MEETING. CITY OF SEBASTIAN PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING JANUARY 17, 2008 Vice-Chairman Paul called the meeting to order at 7:00 P.M. The Pledge of Allegiance was said. Rni i ~ni ~ PRESENT: Mr. Buchanan Mr. Cardinale Mr. Dodd Mr. Paul Mr. Simmons Mr. Blais ALSO PRESENT: AI Minner, City Manager Rich Stringer, City Attorney Rebecca Grohall, Growth Management Director Jan King, Growth Management Manager Linda Lohsl; Recording Secretary ANNOUNCEMENT: NONE APPROVAL OF MINUTES: Regular Meetings of 12/20/07 and 1/3/08 ~® v .. ~ •~ ® ~ ® ~ a ~i ®~ ~ ~ •® pp ~ .~ / ,da ~ o~ ~. ~. ~ ~ ~ . , ~~~ MOTION by Cardinale/Simmons to approve the minutes of 12/20/07 and 1/3/08. A voice vote was taken and all were in favor. Motion passed unanimously. OLD BUSINESS: NONE NEW BUSINESS: PUBLIC HEARING -RECOMMENDATION TO CITY COUNCIL -LAND USE AMENDMENT 8~ REZONING (fora Proposed Annexation) - 13225 U.S. HIGHWAY #1, SHADY REST MOBILE HOME PARK, NORTH AND ADJACENT TO ST. SEBASTIAN CATHOLIC CHURCH - 17.15 ACRES - REQUEST FOR RMU (RIVERFRONT MIXED USE) LAND USE AND CR (COMMERCIAL RIVERFRONT) ZONING Mr. Paul opened the hearing and asked for any ex parte communications; there were none. He then swore in anyone wishing to speak. Mr. Stringer explained the application comes before this commission for land use and zoning. The way you are to approach this is to presume it will be annexed. Annexations are a legislative function of the city council. Attorney Warren Dill, 1565 U.S. Highway #1, Sebastian introduced himself as representative of Edward and Carole Wagner, the owners of the property. He also PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF JANUARY 17, 2008 introduced Mr. Jim Williams, the manager of the property for the past seven years. Mr. Dill gave an overview of the property location and pointed out key facts from the staff report, notably the applications are consistent with all the requirements on your comprehensive plan and that it meets all your code requirements. The development of the site will provide for the orderly growth and development of the city. It is adjacent to other commercial uses along U.S. 1 and there is water and sewer service to the property. Ms. King gave a brief summary of the application and explained they steered the applicant toward the commercial riverfront designation as a natural progression of the other commercial riverfront properties in that area. Mr. Cardinale asked how the change would affect the people currently living at the park. Ms. Grohall said in conversations with the applicant, they are willing to keep the mobile home use for several years; however she deferred the question to Mr. Dill. Even though it is not a land use issue he responded with it would provide them with no new neighbors. People from the public began calling out and Mr. Paul asked for order and requested that microphone volume be turned up if possible. Mr. Dill continued to explain that when the property is annexed it would become anon-conforming use within the city and they would not be able to add any more mobile homes to the property. Mr. Simmons commented that he thought part of the reason for going through this process is to circumvent the existing county zoning that covers the park. Mr. Dill responded that the county commissioners elected to create a new land use classification specifically targeted towards rental mobile home parks. They did that because they were petitioned by a number of individuals living in these types of parks, including one from Shady Rest. These folks were concerned in the event the use of the park changes, they would not be given adequate time to relocate. The state law provides that residents are to be given six months notice. State law controls that in Florida. Mr. Dill continued to explain the differences between the county and state guidelines. Bottom line, we have a county that may be in violation of state law by what they have done. Mr. Blais asked for an explanation of no additional trailers will be added to the property. Mr. Dill explained that park has pads for 117 homes. There are a total of 79 occupied home on the property now. The reason is because City of Sebastian regulations would not allow them to add homes once they are annexed into the city under the current zoning regulations. Mr. Buchanan asked about a statement in the staff report recommendation, "A possible condition to the annexation agreement may be to allow no redevelopment of the property fora 5-year period." Ms. King explained it was added for information only and they would be suggesting to city council at the annexation meeting that one of the possible things they may do is to place a condition on the annexation and one may be similar to that statement. As there were no other questions from the commission Mr. Paul opened the floor to the public. No one spoke in favor. The following spoke in opposition. 2 PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF JANUARY 17, 2008 Claire Ranahan, 13225 U.S. Highway 1, a Shady Rest resident for 12 years and currently president of the homeowners association. She talked about post-hurricane events, the lifestyle of the park residents, and asked the city consider following the county's rules. Jim Hosier, A9, Shady Rest, a resident for ten months and was not told of the possibility of the sale of the park. Concerned about the residents on a limited income. Don Lintman (?), Shady Rest, questioned the notice he received from Sebastian about the hearing. Claire Ranahan, asked for clarification of Florida Statute 723.083. Mr. Stringer said that is something that would be addressed when the application goes before City Council. Carol Binka (?), Shady Rest, what are the differences if they are annexed or not. Mr. Paul said they are not the commission to discuss or decide the pros and cons of annexation. Kathleen Ranahan, supportive of her mother, Claire, and is concerned about future plans and how it affects the elderly of this community. Mr. Stringer explained the process of annexation. Mr. Paul closed the public portion of the hearing and asked for further comments from the commission. Answering Mr. Blais' question, Mr. Stringer said if land is annexed it cannot sit with an interim designation, it must have a zone in compliance with the city's zoning codes. Mr. Dodd asked if mobile home parks are permitted in the mixed use designation and Ms. Grohall responded she did not think it was included. MOTION by Simmons/Buchanan to recommend approval of the land use designation of RMU and zoning designation of CR for the subject property located. at 13225 U.S. Highway #1. ROLL CALL: Mr. Blais no Mr. Paul yes Mr. Simmons yes Mr. Cardinale no Mr. Dodd yes Mr. Buchanan yes The vote was 4-2. Motion passed. CHAIRMAN MATTERS: NONE MEMBERS MATTERS: There were no comments from the members. Election of Chairperson and Vice-Chairperson: Mr. Buchanan nominated Mr. Paul for chairman. Being no other nominations, Mr. Paul is the Chairman. 3 PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF JANUARY 17, 2008 Mr. Simmons nominated Mr. Cardinale for Vice-Chairman. Being no other nominations, Mr. Cardinale is Vice-Chairman. DIRECTOR MATTERS: Ms. Grohall wanted to clarify that the applicant stated the property would be part of the CRA district. It is not within the CRA district boundaries however, we might amend the boundaries but most likely would not. She noted available senior housing in existence and planned. She mentioned the FL League of Cities has a board training and anyone who would like to take advantage of it could turn in their sign ups to her tonight or submit to the city clerk. Ms. Grohall advised the board of upcoming comprehensive plan amendments. ATTORNEY MATTERS: Mr. Stringer commended the board for professionally handling a tough situation. Mr. Paul adjourned the meeting at 8:21 p.m. (01/18/08 sbl) 4 I. arc a ~~8~'T~ HOME OF PEUGN 15LAND Growth Management Department Conditional Use Permit Application -Staff Report Model Home Renewal 1. Project Name: 2. Requested Action: 3. Project Location: a. Address: b. Legal: 4. Project Owner: Maze Homes Renewal of a conditional use permit for an existing model home and parking area 452 Briarcliff Circle Lot 1 & 166, Ashbury Subdivision a. Name: Mailand Holdings LLP dba Maze Homes b. Address: 2715 N. Harbor City Boulevard, Suite 5 Melbourne, FL 32958 321-254-4441 North: PUD-R East: PUD-R South: PUD-R West: PUD-R Current Land Use Model Parking Area Clubhouse Vacant Vacant Future Land Use d. Site Characteristics: 5. Project Description: a. Narrative of proposed action: Maze Homes is requesting a model home permit renewal for a residence located in Ashbury Subdivision, adjacent and west of the subdivision clubhouse near the entrance. Parking will be located across the street on Lot 166. b. Current Zoning: PUD-R c. Adjacent Properties: Zoning (1) Total Acreage: .18 & .14 acres LDR LDR LDR LDR (2) Current Land Use(s): 6. Required Findings: Single family residence Does 'Does Not Gom 1 Com 1 a. Be so designed, located, and proposed to be operated so that ~l the public health, safety and welfare will be rotected. b. Not present an unduly adverse effect upon other properties in ~I the impacted area in which it is located. The scale, intensity and operation of the use shall not generate unreasonable noise, traffic, congestion or other potential nuisances or hazards to contiguous residential properties. c. Conform to all applicable provisions of the district in which ~l the use is to be located. d. Satisfy specific criteria stipulated for the respective ~l conditional use described in subsection 54-2-6.4.29 7. Conditional Use Criteria: Does Cool 1 Does Not Com 1 a. Not to be used as contractors main office. ~ b. Meets district regulations for lot and yard dimensions. ~l c. No construction materials or equipment stored at model. ~ d. Business hours of 9:00 a.m. to 6:00 p.m. Limit of two staff. ~1 e. All si ns conform to ci code; illuminated si ns rohibited. f. No glare or traffic impediment from house illumination. ~1 g. Provide 5 parking spaces, l0' from side property line, 30' from corner. 8. Additional Considerations: Handi-capped parking is located in the driveway on Lot 1. The model home permits for the residences on Lots 3 and 5 have not been renewed and are not being shown as models. 9. Analysis: None 10. Conclusion: The proposed use is consistent with Section 54-2-6.4.29 of the Land Development Code of the City of Sebastian. 11. Recommendation: Staff recommends approval of this model home renewal for aone-year period. ~~~ ~.~~ a Prepared by D to 165 164 (VACANT) PCP AT /NTX IFF CIR. BLVD. ' OF / ~< / (VACANT) / - ~ / ~ i _ i / - _ ~ P OR ppSE E ALK/~_ _------- CONC. 10' DRAINAGE EASEMENT ` ~~ / t PROPOSED PCP AT PRC LB #6905 - _._--~-~ ~s2 " ~ ~ SET IRC PROPOSED 4' LB u640! CONC. SIDEWALK ~3 -------_,- a~S PROPOSED SINGLE FAMILY RESIDENCE F.F. ELEV.~26.00' 3 (VACANT) --- i - FD PRM LB u6905 938.53' ~ AQ \ 2`32 .PS~~Err / ~ ~IjO~~~'~tO~A~ ~ ,~C.ORNIN j ~ ~ ~ SET IRC / :•i. ry~~6 Lg~ pg~ ~..';' `I` CI `. ~, . , ~ ~t~-~~ ' R=340.00' _ ,6w~d~~` yk L=57.12' a 9'~ ryg. DELTA=Oq'37'34" •O z`<~ s. •. ~, CH. BEARING= ~ .n x:20: '~~'~~::•`::::.~:•~~~~~~~~~~~~~' ~~~ PROPOSED GONG. i•r}rr?: ?rrr .•.~,~~~r.i.ii•rrir.•r~ 14 A/C PAD ~~:.::::.:.:~:.;;.::•:.:::~:::;~:. ~ 6~ ....~.~:.z.....:: •~ ~0' e'•:~:~ ~•:.m.na~• •.~: T.60 o TRACT H ui 6 ° A (RECREA navJ {~ ~D- II Rl 12" 9~ m B. 124 tiA~9 m ~Otib~9 Ao~11213~4 ~~~j .n A ~ y - 4• BsB ,~ R~'ey~ f ~ x k99 ~ ~~? d ~ N cor 1 ~ ~ti \\~pg6Z8ZL29'` 3 LB 116805 `_ 589'25'41"W 55.00' ~' 233.04' SEBAS77AN ELEMENTARY SCHOOL NOTES: I) PROPOSED F.F. ELEVATION IS BASED ON THE APPROVED ENGINEERED SITE PLAN. L~ga I peacr~ptlon: LOT I, ASHBURY SUBDIVISION, AS SHOWN ON THE PLAT THEREOF, RECORDED IN PLAT BOOK 20, PAGE 5, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA C~RAPNIC SCALE 30 0 15 30 I I C IN FEET North I It1Ch = 3Q> ft, FD PRM LB 116905 LANDSCAPE AREA CALCULATIONS MAIN RESIDF2ICE 1,389 SO.Ff.f DRIVE, WALK tPADS - 706 SO.Ff,; PORCH t PATIOS 100 SQ.Ff.i TOTAL ~ 2,140 SO.FT.t LOf AREA 7,042 SO.FT.t ALLOWABLE SITE COVERAGE. Tox oR s,4ea so.r-r.~z,1w So.Fr.r Acn1AL) PLAT OF SURVEY FOR: MAZE HOMES TYPE: BOUNDARY ~ TOPOGRAPHIC DATE: 10/12/05 PRO). NO. 03-Iq8 -01 F.B. PG. OWN. BY: E.J.N. SCALE: I"=30' CKD. BY: S.A.N. THIS PINT AND REPORT ARE NOT VALID WITHOUT Tl-IE SIGNATURE AND THE ORIGINAL RAISED SEAL OF THE FLORIDA REGISTERED SURVEYOR AND MAPPER NAMED HEREON WHICH SIGNATURE AND SEAL MAY BE FOUND AT THE END OF THE ;4TTACHED REPORT. THE PLAT AND REPORT ARE NOT FULL AND COMPLETE Wrl}IOUT ONE ANOTHER. N ~ ~ ~': 4 .5C m_ 2 (VACANT) ~ ~~~,,,yyyyyy > Q~ T 9°' 25' CONSERVA ADN tik EASEENT SET IRC ~ L8 A6905 rye. BUILDING SETBACKS (BSB): FRONT - 20' REAR - 40' SIDES - 7.5' BLDG. PERMIT tt ADDRESS: Q\OS-198_ASHBURY\03-198\dwg\03-198-0Ldwg I/18/20 0 6 103 4 4 0AM,pJ}{ - ~-.o.-.~.._.. _~ ~~ f PLAT BOOK _.. 1z ° ; ~ i I` __~ ~ _ ~, '00~ i ,, k,. 1 ~ PAGE .. a GE ~ -.. ~- _. ~.. _.. ~ `; DOCKET NO. - THIS INSTRUMENT WAS PREPARED BY ' JOHN J. RICE, P.S.M. IN THE OFFICE OF WA'_' PR - HOUSTON, SCHULKE, BITTLE & STODDARD, INC. .M. IN Ti P KEY MAP 1717 INDIAN RIVER BOULEVARD, SUITE 202C ;HULKS .PS r'~ ~-`'-~, vERO BEACH, FLORIDA 32960 X2,4,. 40 SCALE MAPS) t BOULEI 900' ~3~~ ''s ~1LE.• 7" = 800' RIDA 32~ '~ L ,~ Q~-ti~' ~ ` ~ .~ ~ CJ. •C~: Off- S~ .. \, ~~2 ~~ - y~'0 ; o. ~~n. 195 ~ j , Z 2~~ZOZ6Lg ~y~ ~ r ~~~ oop~~l ~9j :~~' .~. , M~ r. E ~-~ ~~~° ~~~ gip.. _ ~ ... S5~ 1p_~ ~6~. ._ __ ..\.n. 6,_ 1,\rL \ .~~ 1" CA.1'14'26.4" '------_,= ---- GP 242°~~ ~ ~~ '!'yam. CA.1'14'26.4" ( CA.1'14' _ >>' L.57.382' L.57.382' 26.4ss ' CA.13'32'39" CA•~ 4 4~ ~ a ~~ o°. ° o° 1 v-i o °rn, \~~= TRACT C w 168 0 :- II ~ °_ o _i w 164 ~~a•=CREA?7nn ~., 167 ~~~ i ?'166 ~ ~ -° ~ ~' ~ 165 ~ r- M b ~ ~ ~ ~ J ~j~~~~ o co ~' U U•E' ,' ' GP~ ., _ L_55.000'__ ~ L55 00' ~ q' ~a~' CA.1'14'26 4° ,~rA.1'14~6. ~ .. - --- - -; -- - - -- -_CA.16'2A2 190-16 ~~~1~~~ 92.73' _. -_- - ~ ~., n,~ . ~-_->_CA.13'32'39' L.70.A936'2559" 8..300 ~ ~~6p8 ~~N' ~ , A~~~~ ~ R.3200~ 1.2. _ , ~~ CA.46'12'3? ~2~~61 ~ --_, _ _ - 8340.00 - CA.1'15'40.8' CA.1'1-'~'-~ - ~-_--__-- -~ CA.39'2~_04 g•3T~d~_~ - 1.55.0.3F' A.1'1,5'S2 4" ~ .._ GPI -~ 12 L.55.093' ~ r,5 t~_., i CA.6'49'23" CA.9'19'44" 1-.5 _ ?0' OUE ~ [_.40.49 L.55.36' t> ~ ' ~ Z ~ O ~ ~ ~ ,"~ v ~ O v ~'' Q> v) ~ ~p ~ N O T ~ 6 0 l 5 ~ ~ 4 N ~ ~ 0 2 ,,~, 1 w ~~ 0 w v m - ~°' i °' ° ~, p -~ h a- ~ ° b °~ 9 0l °.. ~ oe N ~, of N N ~ -Z 55.00' 55.00' ~ 55.00' _~ 55.00' ~, 55.00' ~_ 55.00' W ! ~ ____ (n l~ SO(./TH LINE OF SEC. 6-31-39 /`~ Z _ , / Q" MAZE HOMES FOLLOW THE PATH TO YOUR DREAM HOME 321-254-4441 - CGC#1508274 mazehomes(c~bellsouth. net 11 /29/07 City Of Sebastian Dorri Bosworth 1225 Main Street Sebastian Florida 32958 This letter is in response to your request for Model Permits on three (3) of our homes, we will only be obtaining a permit on Lot 1, 452 Briarcliff, in Ashbury. The other two homes have been emptied and the monuments are in the process of coming down. If further information is needed please feel free to contact me at 321-254-4441. nk You Rita Czaya Administrator Permit Application No. ~, <~_ City of Sebastian Ht~btEOFPEIiGItJIiIAND Development Order Application A licant If not owner, written authorization notarized from owner is re uired Name: ~Q~~ ~ ~,\~l ~~~ CCZ~C Address:a ~~~J ~ . ~Q~ ~ ! / t f~JIUCl ~v~\~~ .~ ber: ) - Phone N u m ~a \ -a5~- ~ F Number: ( ) - 3a \ a ~ CQ~t'`-l3 E-Mail: ~QZ-e e Owner If different from a licant Name: Address: Phone Number: ( ) - FAX Number: ( ) - E-Mail T Title of permit or action requested: n t~ \\ ~~Q~.J~ O~ wl.OCl2~ ~~e PLEASE COMPLETE ONLY THOSE SECTIONS WHICH ARE NECESSARY FOR THE PERMIT OR ACTION THAT YOU ARE REQUESTING. COPIES OF ALL MAPS, SURVEYS, DRAWINGS, ETC. SHALL BE ATTACHED AND 8-1/2° BY 11° COPIES OF-ANY ATTACHMENTS SHALL BE INCLUDED. ATTACH THE APPROPRIATE SUPPLEMETAL INFORMATION FORM. A. Project Name (if applicable): t - 1_ i ` ~~ ltd ~S` ~ M~ 1 Q I B. Site Information Address: ~~/ Lot: Block: Unit: Subdivision: QS~Ir~U` Indian River County Parcel #: _. ~? J O(Q 400 5 X000 Zoning Classification: Future Land Use: Existing Use: \ ~~1.~- Proposed Use: C. Detailed description of proposed activity and purpose of the requested permit or action (attach extra sheets if necessary): `` 1 DATE RECEIVED: ~/~/Q~ FEE PAID: $ >`~.c~ ~{-(~c ~3 RECEIVED B~,~~~_ per- M.oQ~L Permit Application No. D. Pro'ect Personnel: A ent: ~ L _ Z ~ Name: Address ~~ ~ ~ ~ i ~ _ ~~ C~' ~~,J Phone Number: (~`) ~ - ~{ FAX umber: l aS`f ~0 3 E-Mail: Ze Attorne Name: Address Phone Number: ( ) - FAX Number: ( ) - E-Mail: En ineer: Name: Address Phone 1Vumber: ( ) - FAX Number: ( ) - E-Mail: Surve or: Name: Address Phone Number: ( ) - FAX Number: ( ) - E-Mail: I ,BEING FIRST DULY" SWORN, DEPOSE AND SAY THAT: _ I AAIi THE Oir'VNER _ I AM THE LEGAL REPRESENTATIVE OF THE OWNER OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT MATTER OF THIS APPLICATION, AND THAT ALL THE INFORMATION, MAPS, DATA AND/OR SKETCHES PROVIDED IN THIS APPLICATION ARE ACCURATE AND TRUE TO THE BEST OF MY KNOWLEDGE AND BELIEF. SIGNATURE DATE SWOR~~D SUBSCRIBED BEFORE N WHO NALLY KNOWN TO ME OR AS IDENTIFICATION, THIS ~ DAY OF NOTARY'S SIGNATURE PRINTED NAME OF NOTARY COMMISSION NO.IEXPIRATION SEAL: ~~~~ ~"" ~-, RIl'A CZAYA :, ~ _ MY COMMISSION # DD 340995 ~. 7 ~ EXPIRES: July 26, 2008 "'~Rf,~P~, BondetlTAruNoWyPW~IcUnderwrkas Permit Application No. The following is required for all comprehensive plan amendments, zoning amendments (including rezoning), site plans, conditional use permits, special use permits, variances, exceptions, and appeals. I~E ~ THE OWNER(S~ / _ THE LEGAL REPRESENTATIVE OF THE OWNER(S~ OF THE PRO ERTY DESCRIBED WHICH IS THE SUBJECT OF THIS APPLICATION, HEREBY AUTHORIZE EACH AND EVERY MEMBER OF THE ~S l \ 1 Yl BOARD/COMMISSION OF THE CITY OF SEBASTIAN TO PHYSICALLY ENTER UPON THE PROPERTY AND VIEW THE PROPERTY IN CONNECTION WITH MY/OUR PENDING APPLICATION. I/WE HEREBY WAIVE ANY OBJECTION OR DEFENSE I/WE MAY HAVE, DUE TO THE QUASI-JUDICIAL NATURE OF THE PROCEEDINGS, RESULTING FROM ANY BOARD/COMMISSION MEMBER ENTERING OR VIEWING THE PROPERTY, INCLUDING ANY CLAIM OR ASSERTION THAT MY/OUR PROCEDURAL OR SUBSTANTIVE DUE PROCESS RIGHTS UNDER THE FLORIDA CONSTITUTION OR THE UNITED STATES CONSTITUTION WERE VIOLATED BY SUCH ENTERING OR VIEWING. THIS WAIVER AND CONSENT IS BEING SIGNED BY ME/US VOLUNTARILY AND NOT AS A RESULT OF ANY COERCION APPLIED, OR PROMISES MADE, BY ANY EMPLOYEE, AGEiJT, CONTRACTOR OR OFF{CIAL OF THE CITY OF SEBASTIAN. SIGNATURE DATE Sworn to and subscribed before who is personalty known to me c as identification, this ~ day Notary's Signature Printed Name of Notary Commission No./Expiration Seal: pfTA C?AYA ~~ P ' M`( GOMMI9SION # QD 340A95 ~'"i' ~ EXPIRES: July +''',+'• Ben~d'fhN Nouy P Permit Application No. ~~ ~~~ Supplementallnformation HOME OF PELICAN ISLAt~lD Conditional Use Permit, Model Home 1. Type of permit : initial application ~ renewal 2. Describe the hours of business: ~ 2 'tJ ~e~. -`~ y~rs s F'n - S~~- S C.iv1 3. Describe any` ton-premise signs (size and location). ~V1CXae~ CUM S l ~ - a `~ ~C ~tP ~ I ~ ~ 4. Is the proposed model home to be illuminated? If so, describe illumination plan. _ 5. Attach the following: S\~e Q~Q'n ~ ~~'~?5 ~~~ 1 Q~s1'S ~l -l~.e- ~ - a. A list of the names and addresses of all owner f parcels of real property within three hundred (300) feet of the parcel to be considered. b. A survey of the lot where the model home is located showing the location of the required five parking spaces, any signs, and any illumination. 6. Describe how the proposed use is designed, located, and proposed to be operated so that the public health, safety and welfare will be protected. If not, why not: _ L ~ S' ~~ ~~ C~-~'ik/1. Permit Application No. _ 7. Describe how the propose use will n~otq adv\e^rsely effect oth1er properties. If not, why not: 1~1~5 0~(1~2 W UIJ~. Ya~L l~/.~ C~ ~O ~ ~1~~ °~Sc~~~) ~~ - ~rl ~ ~ ~lc~r~ 'CD S D ~l d C~CCG-~J t~ crnr of ~~1~ HOMEO~F PELICAN ISLAND 1225 MAIN STREET SEBASTIAN, FLORIDA 32958 To: Planning & Zoni Commissioners From: Rich Stringer Date: February 28, 200 Re: Discussion, LDC Marina Parking Standards TELEPHONE (772) 388-8201 FAX (772) 388-4420 A few months back I had mentioned that staff would ask you to review the Land Development Code provisions governing the parking requirements for marina uses in the City. In examining a related marina issue, it came to my attention that the parking ratios under our Code might be overly burdensome. On a practical basis, some of the marina uses listed in the tables may not actually use the number of parking spaces dictated in the LDC. Growth Management has prepared some material for your consideration, and we hope to have input from people having familiarity with marina operations. If you recommend adjustments to the parking ratios, we will bring back a proposed ordinance in accordance with your directives. § 54-3-15.2 SEBASTIAN LAND DEVELOPMENT CODE Use Required Parking Hospitals. Two spaces for each bed intended for pa- tients, excluding bassinets. Hotels, motels One space for each unit plus one space for each 400 square feet of accessory meeting foom(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 oper- ating from the premises. Marinas. One space for each 300 square feet of princi- pal 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 collec- tively referred to as "water transports") shall maintain one space for every water trans- port. Medical offices, dental offices and outpatient One space for each 175 square feet. clinics. 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. LDC15:2 O) N _c a Y N d . N n ~ 3 Y y y N .1C ~ ~ U ~ m •~ n 3 p R E o c.y ~ a o t t ~ 'O.. ~ N U ~ '3 o w d a~ ayi a E X. t6 R 3 c w > N ~ V C U) (h v Q E~ y NY >. In J ~ y U O N d o y ~ y ~ v o w c .c c E ~° d> > N= C . U l0 ~ f0 'O n U T .C m N m 7 E~ m ~ -~ w ~ o "'' m U O E a N m v v °• v~ ~ v ~ n d Y o~ a o c w n~ E ° D ~. 'O V., C . . o N~ N N y y m N X N QaR m 0) ~ ~ ~'o,am c c ~ E o to '~ E y ~` N N N N Vl R N?a m m `° ~ m 3v° V o om pp O 10 C~ F3 O H R w ~ ~ eima ~ E •C y C~ (O N O S O tU ~ w~c ~ a 01 E n c v •N on d ~ ~ m a m n •U C m ~ 3 a 'C > w m N _ n~ N N C C C m a n a o c ~ N N ~ m U ~ N m C U7 Z` U U O f0 Q b N~ M N L 3 N L Z. 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N Nt" V a'~'N N NO . ~I-~Z ~ ~ U u) ~-;. cRi a ai 0 0 C m O a a O 3 m m O m L m O E m O C ~ O N •C U' w o m~ 'O C N U +-+ L C ~' Ql •p C N N '_ m N Ol ~ C t0 a a c O N ~ 7 ~ ~ m CCj'y of S~~}snf~N ~.f~xlp Dbl. CoQE- GENERAL REGULATIONS § 54-2-7.8 (2) Barbed wire fences. Barbed wire fences may be permitted by the planning and zoning commission in commerc and industrial districts if the oposed fence is a minimum of six feet and a maximum f eight feet in height an opped with no more than three strands of barbed wire. No p of any such fenc ay extend beyond the boundaries of the property of which it is in alled. (g) Required screens for garbage, refus d psters. Notwithstanding anything to the contrary contained in this section, all garb e, efuse dumpsters, regardless of the siting on the property, shall be screened on all fo sides b asonry wall, fencing, or other materials permitted hereunder, at least six fe in height, an rendering the view of said dumpster invisible from adjacent propertie and public rights-o ay. All proposed refuse dumpster screens must be approved by t building official through a issuance of a fence permit in accordance with procedures set forth in section 54-2-7.7(a). ~- Sec. 54-2-7.8. Regulation of watercraft. 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-dependept 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. Only minor repairs and/or maintenance of watercraft in residential areas is permitted and only when such- repairs or maintenance is performed by the person who is both the owner (or tenant) of the real property and owner of the watercraft, or at his direction. c. Permanent live-aboards are not permitted in waterways within the jurisdiction of the City of Sebastian. d. Transient live-aboards are permitted within the City of Sebastian within any commercial 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: i. 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. ii. 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. Supp. No. 1 LDC7:9 3 § 54-2-7.8 SEBASTIAN LAND DEVELOPMENT CODE iii. Such facilities shall maintain records of all such moorings of transient live-aboards. (Ord. No. 0-01-13, § 1, 7-11-2001) Note-Additional watercraft regulations are set out in the city's Code of Ordinances, § 110-35 et seq. Sec. 54-2-7.9. Street access and setbacks. (a) Structures to have acce¢s Every building adjacent to a public street, or wit access to an al be so located on lots as to provides fe and con required off-street parking. rafter erected or moved shall be on a lot red private street, and all structures shall t access for servicing, fire protection, and (b) Setbacks established from appro streets. In the event that streets or rights-of--way are approved by the city and filed wit th clerk of the county court, or in the event of the designation or establishment by t city until of any proposed public street or road, to the extent lawful the same shall t reupon ' ediately be used as the reference point for the purpose of determining setba for new cons ction under the terms of this ordinance. This provision shall not prevent he reconstruction o a fully or partially damaged or destroyed legally nonconforming structure so long as the rebuilt structure is consistent with the city's land development code and building codes. J Sec. 54-2-7.10. Regulation of (a) Obstruction to traffic and traffic which materially obstructs traffic, and (b) Visibility triangles. Visibility triangle. parked, planted or allowed to grow in such a two feet and eight feet above the center limes follows: / shall be no structures or planting, which nothing shall be erected, placed, as to impede vision between a height of ecting traffic ways, shall be provided as (1) Vision clearance at street, alley d driveway~intersections. A visibility triangle shall be required at all traffic inter ctions. No wall, ence, hedge, or structure within the visibility triangle shall excee a height of two feet Bove the elevation of the abutting street measured at the ten erline. Dimensions of visibility triangle. The sides of the visibility triangle shall be 30 feet at street-to-street intersections and 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 to visibili Supp. No. 1 LDC7:10 D~~Fr rv ~Ti ~s § 54-5-22.2 SEBASTIAN LAND DEVELOPMENT CODE Basement. That portion of a building having its floor subgrade (below ground level) on all sides. Berm. Mounding of soil which is planted with living plant material designed as a natural landscape buffer to screen incompatible land uses or to absorb or otherwise reduce nuisance impacts, such as noise, smoke, glare or other similar impacts. Boat or vessel. Every description ofpower-propelled watercraft used or capable of being used as a means of transportation on water, including all types of boats and all uses thereof. As used herein, the terms boat or vessel are synonymous with watercraft. Breakaway wall. A wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces without causing damage to the elevated portion of the building or the supporting foundation system. _ Buffer strip. A parcel or tract of land, plant material, or other landscaping that is used to separate one use from another to shield or block noise, light or other nuisances. Buildable area. The portion of a lot remaining after required yards and required open space and landscaped areas have been provided. Builder. Any person, firm, association, syndicate, partnership, corporation, realtor or corporation who constructs residential or commercial building for sale or use by the public. Building. Any structure having a roof and supported by columns or walls and which is entirely separated from any other structure by space or by walls in which there are no communicating doors or windows or any similar opening. Building coverage. The percentage of lot area covered by buildings and including roofed porches, decks and similar structures. Building height. The vertical distance measured from the average elevation of the finished grade within ten feet of the structure to the highest point of the roof; excluding penthouses containing mechanical equipment such as air conditioning or elevator equipment, church spires, water towers, radio antennas, etc. Building permit. For purposes of the concurrency management ordinance, a permit which authorizes the construction of a new building, or the expansion of floor area, or the increase in the number of dwelling units contained in an existing building, or change in use, shall qualify as a building permit. Building, principal. A building in which the principal use of the lot is conducted. Camper: (1) A trailer or a semitrailer which is designed, constructed, and equipped as a dwelling place, living abode, or sleeping place (either temporarily or permanently) and is equipped for use as a conveyance on streets and highways; or LDC22:6 7 § 54-5-22.2 SEBASTIAN LAND DEVELOPMENT CODE Protective barrier: A physical structure, such as protective bindings, braces or other similar noninjurious materials which effectively limit access to a protected area. Public property. All real and personal property, including leasehold rights owned by the federal, state or local governments, including all political subdivisions, authorities, or other entities to which the rights, powers and privileges of the federal, state and local government have been delegated. Public rights-of--way. Any state, county or city street, road, alley or highway or public easement acquired by city or the public by purchase, gift, devise, dedication, prescription, or otherwise within the corporate limits of the City of Sebastian. Public use. Any use of land or structures owned and operated by a municipality, county, state or the federal government or any agency thereof and for a public service or purpose. Public water and sewer service. This shall mean water and sewer systems, including pipes, rights-of--way and treatment plants, owned and operated by the city or operated under a franchise granted by the city. Recreational and landscaped open space. Unroofed or screen roofed ornamental landscaped areas and recreational areas which are easily accessible and regularly available to occupants of all dwelling units on the lot wherein the open space is located. Rooftops, porches, raised decks, parking spaces, driveways, utility and service areas are not calculated as open space. Recreational vehicle (RV). Any travel trailer, camper, boat, or trailer as defined herein. Additionally,. any portable vehicular structure that is built on a chassis, which is designed as a temporary dwelling for travel and recreation, and which has a transportable body width not exceeding eight feet and a length not exceeding 40 feet. Redevelopment. See Development. Regular mooring of watercraft. Any vessel moored, anchored, or docked in the same general area at least eig t hours within any day (24-hour period), for ten days, not necessarily consecutive, within any calendar month. Regulatory flood. The 100-year flood. The 100-flood is that flood which has a one percent probability of being equaled or exceeded in any given year, as indicated on the official City of Sebastian flood hazard map. Renovation. Work which changes or modifies the original size, location, materials of interior/exterior finish of the components of a building. The change may include expansion or upgrading of a building. Retention. The prevention of, or to prevent the discharge of, a given volume of stormwater runoff into surface waters of the state by complete on-site storage where the capacity to store the given volume of stormwater is again provided within 96 hours following the storm event. Wet retention refers to an area the lowest elevation of which penetrates the dry season groundwater table. Dry retention refers to an area the lowest elevation of which lies at least two feet above the wet season groundwater table. Supp. No. s LDC22:22 LANGUAGE AND DEFINITIONS § 54-5-22.2 Townhouse. Aone-family dwelling in a group of at least three and no more than ten such units in which each unit has its own front and rear access to the outside, and the units are designed with distinctive facades or varied setbacks. No unit is located over another unit, and each unit is separated from any other unit by one or more common fire resistant walls. Trailer. Any vehicle, with or without motor power, other than a pole trailer, designed for carrying persons or property and for being drawn by a motor vehicle. .~ Transient live-aboard vessel. Any vessel used solely as a residence for a period of less than 30 days in a 12-month period. Transient merchant. Any person or business entity that engages in the temporary sale of any merchandise not within an enclosed structure. The following will not be considered to be transient merchants: (1) Any merchants within enclosed structures who temporarily display their merchandise outside of the structure on their premises provided the display does not delete any required parking. (2) Any merchants who have received site plan approval from the planning and zoning commission for a specific outside sales and/or display area. 23-avel trailer. Travel trailer shall mean a portable structure built on a chassis designed as a temporary dwelling for travel and vacational and not used as living quarters except in a trailer park. Tree. A woody plant having a well defined stem, a more or less well defined crown, and which is capable of attaining a height of at least 12 feet and attaining a trunk diameter of not less than four inches diameter (or 12.6 inches in circumference) at breast height (DBH). Tree survey. An aerial photograph or sketch prepared to a scale no smaller than one inch to 200 feet, which provides the location, size and common name of all protected trees located on a given parcel of land intended for development or site planning as a single lot, tract, or building site. Trellis. A frame supporting open latticework used for training vines and other climbing plants. Understory. Plant coverage consisting of shrubs, herbs and vines, which because of their nature will not grow to such a height, that they will occur in the canopy layer of trees. Undesirable tree. See: "Prohibited and Undesirable Exotic Tree." Unity of title. Recorded legal instrument combining two or more lots or parcels into one lot or parcel. Use. The "use" of property is the purpose or activity for which the land or building thereon is designed, arranged or intended, or for which it is occupied or maintained, and shall include any manner of performance of such activity with reference to the specifications of this zoning [land development] ordinance. Supp. No. 6 LDC22:31 LANGUAGE AND DEFINITIONS § 54-5-22.2 Vista. A visual corridor at ground level not obstructed by buildings, structures or portions thereof, which extends from public right-of--way to the waters of the Indian River. Visual runway. Any runway other than an instrument runway. Waiver. The act of the city relinquishing a developer and/or land owner of any of the regulatory provisions of the land development code. Water. All water on or beneath the surface of the ground including natural or artificial watercourses, lakes, ponds, or diffused surface water and water standing, percolating or flowing beneath the surface of the ground, as well as all coastal waters within the city. Water body. Any natural or artificial pond, lake, reservoir or other area which ordinarily or intermittently contains water and which has a discernible shoreline. Watercourse. Any natural or artificial channel, ditch, canal, stream, river, creek, waterway or wetland through which water flows in a definite direction, either continuously or intermit- tently, and which has a definite channel, bed, banks or other discernible boundary. Watercraft. See definition for "Boat or vessel". Watershed. A drainage area or drainage basin contributing to the flow of water directly or indirectly into receiving waters. ,~ Water-dependent uses. Activities which can be carried out only on, in or immediately adjacent to water areas because the use requires access to the water body for: waterborne transportation, including ports or marinas; recreation; electrical generating facilities; or water supply. Water-related uses. Activities which are not directly dependent upon access to a water body, but which provide goods and services that are directly associated with water-dependent or waterway uses and/or provide supportive services to persons using a duly permitted marina. Waters of the city. Includes the Indian River Lagoon, the Sebastian River, and waterways and canals within the city rights-of--way .and easements, or on other city owned property. Similarly, refers to watered routes within the city limits, potentially transitable, which were established as outlets from federal and state sovereign waterways and are subject to federal preemption; or waters over lands held in trust by the State of Florida Trustees of the Internal Improvement Trust Fund (TIITF); or waterways platted as drainage easements or canals and deeded to the City of Sebastian to be maintained as stormwater management districts, and which, from time to time, following action by the controlling body after rain events or other reason, fill sufficiently to sustain the draft of a boat or vessel thus allowing use of the waterway as a roadstead for waterborne transportation. Weir. A control structure built to direct, restrict or back up the flow of water. Sapp. No. s LDC22:33 ~~rrvtTla~ of l-c.S~S'. § 54-5-22.3 SEBASTIAN LAND DEVELOPMENT CODE (11) Funeral homes. A premises, structure or site uses as a commercial establishment for the preparation of deceased humans for burial and/or for the conduction of funeral services prior to burial or other disposition of deceased human remains. (13) Gasoline sales. Any structure, building or land used for retail sales and dispens- ing of motor vehicle fuels or oils, whether self-service or not. A service station may furnish supplies, equipment and minor repair services, including tires to vehicles incidental to selling and dispensing of motor vehicle fuels and oils. (14) Hotels/motels. A building with dwelling units for accommodation of transient guests or tenants. (15) Kennels. Facilities for the boarding of domestic dogs and cats and veterinary medical operations. (16) Manufacturing facilities. To fabricate, assemble or concoct, from raw materials, goods that are intended for sale and distribution. (17) Marin ~ A commercial establishment providing for the docking, storage, and servicing~of watercraft, including dispensing of motor fuel. (18) Medical services. The provision of therapeutic, preventive, curative or other corrective personal treatment services by physicians, dentists and other licensed medical practitioners, as well as the provision of medical testing and analysis services. These services are provided to patients who are admitted for examina- tion and treatment by a physician and with no overnight lodging. (19) Mira-storage. A building or group of buildings in a controlled access compound that contains equal or varying size of individual compartmentalized, and con- trolled access stalls or lockers for the dead storage of customers' goods or wares. (20) Model home. A house constructed by a builder, which represents a design or type and serves as an example to be emulated or imitated. (21) Off-street parking. An area not within a building, service area or other structure where motor vehicles may be stored for the purpose of temporary, daily parking. This definition shall include a motor vehicle display lot, or display of boats, trailers and mobile homes. (22) Parking garages. Governmental or private commercial buildings or structures solely for the off-street parking of operative motor vehicles. (23) Pawn shops. An establishment in which goods or property are bartered in exchange for loans or cash. Additionally, said goods or property may be sold at retail from such establishments. (24) Plant nursery. Any land used to raise trees, shrubs, flowers and other plants. for sale or for transplanting. (25) Restaurants, excluding drive-through facilities and fast food services. Any establishment (which is not adrive-through service establishment) where the principal business is the sale of food, desserts and beverages to the customer in LDC22:38 0 Co~~ ©F o2~1Nf~lUC'~S WATERWAYS § 110-31 ARTICLE I: IN GENERAL Sec. 110-1. Authority of city to regulate waterways. The city shall have the right to regulate the use of all waterways within the city limits and the conduct of all persons using such waterways, not in conflict with federal or state regula- tions. All ordinances of the city regulating the conduct of persons on land shall also apply to persons using waterways, insofar as such ordinances are applicable. (Code 1980, § 6-3) Sec. 110-2. Penalty for violations of chapter. Any person violating any of the provisions of this chapter, upon conviction thereof, shall be punished as provided in section 1-10 of this Code. (Code 1980, § 6-15) Sec. 110-3. Refuse disposal. (a) It shall be unlawful for any person to dump or throw, or cause to be dumped or thrown, any waste material, refuse, trash, petroleum product, or other debris into any waterway of the . , city. ~-~;~~ (b) No one shall .throw, drop or leave fish, garbage, trash, refuse, bait or other debris on any dock, wall, park, parkway or other premises within the city except in proper receptacles provided for such trash or debris. (Code 1980, § 6-11(a), (c)) Cross references-Health and sanitation, ch. 50; nuisances, ch. 66; solid waste, ch. 86. State law reference.-Littering, F.S. § 403.413. Secs. 110-4-110-30. Reserved. ARTICLE II. WATERCRAFT* Sec. 110-31. Definitions. The following words, terms and phrases, when used in this article, shall have the mean- ings ascribed to them in this section, except where the context clearly indicates a different meaning: Boat or vessel means and includes every description of self-propelled watercraft used or capable of being used as a means of transportation on water, including all types of boats and all uses thereof. As used in this article, the terms "boat" and "vessel" are synonymous with the term "watercraft." *Cross reference-Traffic and vehicles, ch. 98. State law reference-Vessel registration and safety, F.S. ch. 327. CD110:3 § 110-31 SEBASTIAN CODE Commercial boat means and includes any watercraft used,°maintained or operated for profft. Commercial fishing boat means and includes any watercraft engaged in fishing whereby fish caught are sold for. profit, either by the owner, operator or other person. Commercial marina means a licensed facility for docking watercraft and/or providing services to watercraft and the occupants thereof, including minor servicing and repair to boats while in or out of the water, and sale of fuel and supplies. Docks which are accessory to residential uses where no boat-related services are rendered shall not be considered marinas. Floating home means any waterborne structure designed for or used primarily~as a dwelling which either does not have an operable motor onboard at all times, or which is not capable of controlled steering for removal from the dock in the event of a fire or other emergency. Moor means to secure a vessel or boat ~y line, cable or other device to any boat slip, dock, pier, wharf, dockage space or docking facility in such manner as to assure the security of such vessel. Fueling stops are not included in this definition. Municipal docks means any bulkheads, walls, docks, approaches and appurtenances which the. city owns or may construct from time to time on property owned or acquired for that purpose. Private watercraft means and includes any boat or vessel used for pleasure by the owner or others, where no charge is made for fishing or riding upon such vessel. Short-term berths means any boat slips, piers, docks, wharves or other dockage spaces or facilities designated at the municipal docks for the mooring of a boat for a period not to exceed 12 continuous hours. Sightseeing boat means and includes any watercraft engaged in transporting the public for hire on waterways within the city limits for sightseeing purposes. (Code 1980, § 6-1) Cross reference-Definitions and rules of construction generally, § 1-2. Sec. 110-32. Compliance with chapter. For the protection of property owners, the general public, and owners and operators of watercraft in the city, all watercraft of any type whatsoever, operated on or moored, docked or anchored at any place in the lakes, canals, rivers, bays or waters within the corporate limits of city and the owners, operators or occupants thereof, shall be governed by and observe the provisions of this chapter. (Code 1980, § 6-2) Sec. 110.33. Evidence of identity of violator. In any prosecution charging a violation of any provision of this chapter governing the operation, mooring, docking or anchoring of watercraft, proof that~the particular watercraft described in the citation or summons was violating a provision of this chapter, together with CD110:4 It WATERWAYS § 110-37 proof that the operator thereof was not present at the time a violation was observed, or was present and did not identify himself as the operator, or denied that he was the operator, the person in whose name such watercraft is registered shall be held prima facie responsible for such violation. (Code 1980, § 6-4) Sec. 110-34. Recognition of federal rules and regulations. All operators of watercraft are hereby charged with knowledge of and compliance with all enacted or amended regulations of the U.S. Coast Guard, U.S. Army Corps of Engineers, and other federal agencies governing boats, docks, or waterways. (Code 1980, § 6-5) Sec 110-35. Compliance with state rules and regulations governing boats. All operators of watercraft are hereby charged with knowledge of and compliance with all rules and regulations of the state governing the licensing, operation and title certification of boats, including F.S. chs. 327 and 328, as amended. Under no circumstances shall any vessel anchor or moor in areas that have been determined by the Florida Department of Environ- mental Protection as protected areas for wildlife and plant life in the submerged lands. (Code 1980, § 6-6; Ord. No. 0-01-13, § 2, 7-11-01) Sec. 110-36. Speed restrictions; water activities prohibited in certain areas. (a) It shall be unlawful for the operator of any watercraft to operate such watercraft at a speed greater than "slow-down m;n;mum wake" as defined by Florida law, at all times such boat is within one hundred fifty (150) feet of a bridge, dock, pier, wharf, mooring or launching area, or is within a lagoon, bay estuary, canal or lake, or is at a place in the Sebastian River or Indian River which has a distance from shore to shore which is three hundred (300) feet or less. (b) Water skiing, aquaplaning or similar activities are prohibited utilizing any watercraft within three hundred (300) feet of any bridge, dock, pier, wharf, mooring or launching area, or upon any bay estuary, canal or lake within the corporate limits of the city. (c) Except for vessels performing a governmental function, boats powered by an internal combustion engine may not operate upon local waterways, canals and lakes within the city limits of Sebastian, however, the Sebastian River and the Indian River Lagoon are excluded from this restriction. (Code 1980, § 6-8; Ord. No. 0-01-13, § 3, 7-11-O1) Sec. 110-37. Excessive noise. No operator or owner of a watercraft shall cause or allow excessive noise in the operation or use of watercraft or equipment thereon, including blowers, machinery, motors, horns, etc., on board any watercraft in violation of the nuisance provisions of this Code. (Code 1980, § 6-10; Ord. No. 0-01-13, § 4, 7-11-O1) Cross reference-Nuisances, ch. 66. Supp. No. 26 CD110:5 l~ § 110-38 SEBASTIAN CODE Sec. 110-38. Health and sanitation rules; disorderly conduct, etc. All persons. on board any watercraft located upon any waterway within the city limits shall comply with all health and sanitary rules or regulations of the city, and all ordinances of the city relating to the conduct of persons, including acts contrary to health, safety, morals or public peace, and including ordinances prohibiting disorderly conduct or loud or boisterous noises which disturb the peace. All watercraft utilizing the waters of the city shall be maintained in a seaworthy condition, except when in a permitted repair area. (Code 1980, § 6-9; Ord. No. 0-01-13, § 5, 7-11-O1) Cross reference-Health and sanitation, ch. 50. Sec. 110-39. Trash disposal. All trash, garbage and other debris accumulated aboard any watercraft moored or docked in the city limits shall be removed from the watercraft and disposed of on land in a proper receptacle to dispose. of the items. (Code 1980, § 6-11(b)) Cross reference-Solid waste, ch. 86. State law reference-Littering, F.S. § 403.413. Sec. 110-40. Equipment for excrement, waste, refuse. No person shall use or maintain living quarters on any motorboat, yacht, houseboat, floating home or any other type of watercraft on any of the waters within the city limits, unless such motorboat, yacht, houseboat, or other watercraft shall be equipped with a holding tank and/or chlorinator-macerator or other equipment sufficient for the purpose of containing all excrement, waste and refuse from such craft, and such wastes shall be disposed of in accordance with the rules and regulations established for the disposal of such wastes, but in no event shall any part thereof be released into any of the waters within the city. (Code 1980, § 6-12) Cross references-Health and sanitation, ch. 50; nuisances, ch. 66; utilities, ch. 102. Sec. 110-41. Reserved. Editor's note-Ord. No. 0-01-13, § 6, adopted July 11, 2001, amended § 110-41, which pertained to the repair of watercraft. The former section has been moved to § 54-2-7.8(b) of the Sebastian Land Development Code. Sec. 110-42. Reserved. Editor's note-Ord. No. 0-01-13, § 7, adopted July 11, 2001, amended § 110-42, which pertained to the use of watercraft as a place of business. See Code Comparative Table. Sec. 110-43. Permission required to dock or to make fast to other vessel. No person shall moor a boat to a private seawall or dock or beach if upon private property within the city without the permission of the owner thereof. (Code 1980, § 6-13) Supp. No. 26 CD110:6 WATERWAYS § 110-44 Sec. 110-44. Period of mooring to municipal docks and piers. No boat shall moor or tie up to any municipal docks or fishing piers owned by the city exceeding aone-hour limit, within atwenty-four-hour period. (Code 1980, § 6-13.1; Ord. No. 0-00-14, § 1, 6-14-00) Cross reference-Streets, sidewalks and other public places, ch. 90. Supp. No. 26 CD110:7 ~~ G-G~3T-ta~ns e„,r - .~... machinery sales use (see also egvipmerrt srtles use) • 2 parking spaces; plus 1 additional space for each 30D square feet of floor area over 1,000 square feet (Donn .~ Arm Cotrnhj, N.Mer., pop. I74,682) • 2.1 spaces per 1,000 square feet of gross floor area • (Helerrn, Mont., pop. 25,780} Mfrrfrnrtnl: l per 600 square feet of gross floor area Maxirrlttrrt: 1 per 350 square feet of gross floor area (GtenvilJe, N.Y., pop. 28,183) mail-order facility (see also offre use, unless ofllenuise specified; TUATehDnSe) • 1 parking space shall be provided for each 1 em- ployee fGurnce,,flL, pop. 28,834) • 1 space for every employee, plus 1 space for every vehicle customarily used in operation of the use or stored on the premises (Man,)Iand I-Iefg)rts, Ma., pop. 25,756) • 1off-street parking space for [each] Z employees, based upon the maximum number of employees on the premises at any time (Westrnwlt, ft[., pop. 24,554) • 1 parking space shall be provided fvr each 2 employ- ees (14fadison, Wisc., pop. 208,054) . 3.5 per 1,000 square feet {Hickory, N.C., pop. 37,222) manufactured home sales establishment . 2 per 1,000 square feet (Hickory, N.C., pop• 37,222) Minfntlun: l per 500 square Eeet of gross floor area of sales and service buitding Maxirrrurrr: l per375 square feet of gross floor area of sales and service building (Smr Antonio, Ter., pop. 1,244,646) Mfninruut: 2 spaces for each employee on maximum shift, plus requrrements for offices Mrtxivrtun: 3 spaces for each employee on maximum shift, plus requ'Iremenis for offices (Jefferson County, Ky., pop. 693,604) manufactured housing (see also dwelling uses; urobf[e Jronre; nrobiJc Jronrr park) ~ • 1.5 spaces per home (Sf. Cloud. Minn., pop. 59,]07) • 2 per dwelling unit {Hirkon1, N.C., pop. 37,222) • 2 spaces for each manufactured home (tltexander County, N.C., pop. 33,603} manufacturing use, unless otherwise specified • The greater of 1 space per employee for the sum of the 2 largest consecutive shifts, plus space per vehicle used in the conduct of business or 1 space per 600 square feet of floor area (Colunrbin, Mo., pop. 84,531) • 0.6 per employee (Hickory, N.C., pop. 37,222, ) • 1 parking space for every 2 employees on the largest shift. (Bfg Rapids, rbfic-t., pop. 1D,849) • 1 space for ead1200 square feet of gross floor area or 1 space per employee, based on the number of em- ployeesduring the largest shift, whichever is greater {Niagara FaJis, N.Y., pop. 55,593) • Z parking spaces for each 3 employees on the maxi- mum working shift, plus space to accommodate all trucks and other vehicles used in connection there- with (Dona Ar:a County, N.Mex., pop. 174,6821 Mininwnr.l space for each 1.5 employees based on combined employment count of the main shift, plus the second sluft Mnxrntltrrl: 1 space for each employee based an combined employment count of the main shift, plus the second shift (Jefferson County, Ky., pop. 693,604} )blininrtrrn:l per employee of largest shift Ibinxiunrm: 1.25 per employee of largest shift {GJerrviJJe, N.Y., pap. 28,T83) lvliniruum: 1.6 spaces per 1,000 square feet of floor area Mnxirntrnl: 2 spaces per 1,000 square feet of floor area (Gres)tarrr, Ore., pop. 90,205) Bicycle Parking Standard: 0.1 space per 1,OD0 square feet of floor area (Greslranl, Ore., pop. 90,205) Bicycle Parking Standazd:l per 10 auto spaces (MndisorT, Wisc., pop. 208,054) Bicycle Parking Standazd: 1 per 3D vehicle spaces which are 1.1 per employee fGrnr:d jllnCttOrr, COIO., pap. 42,498) Bicycle Parking Standard: long-term: 2, or 1 per 50 employees; short-term: 1 (Jeffcrsort County, Ky., YpP• 693,604) manufacturing use, heavy (see iudustriaJ rise, lrertv~} manufacturing use, light (see indrrstrinl vse, Jiglrt) manufacturing use, medium (see irrdrrstrirtl rrse, n:ediunr) marina (see also beat rnoorrtge facifitTj} • 0.6 of 1 space per boat sGp {Door Cotr+rty, Wisc., pop. 27,961) . 0.75 space per slip or mooring (Sturgeon Bny, Wisc., pop. 9,437) ~ • 1 per boat slip; 2 for harbormaster (Biloxi, Miss., pop. 50,644) • 1 for every 2 berths (Cincittnatf, Ohio, pop. 331,285) Ft?arr..: ~e~2.~~FtVU P~t.AwNttvc~- ~'ssc~.t~tc~-- ~~~1 .-tU ~-- S~ D a. X117._ .... .... .. ...._ O _ s a is ~~ . nmrirte safes and service use estnblfslrment rrurrinn • i per slip (Hickory, N.C., pop. 37,222} • 1 space for each 2 boat slips (Cocoa Beach, Fln., pop. I2,482) • 1 per 5 slips, plus 5 per 1,000 square feet of gross Hoar area (Sf. Mary's County, Md., pop. B6,2II) • 1.5 per slip or berth (Burlington, Vt., pop. 38,889) • 2 per slip ar berth (Tampa, FIa., pop. 303,447) • 2 far every slip or mooring (Wayland, Mfch., pop. 3,939) Minimum: l per boat slip Maxlmurrt: I.S per boat slip (Glenville, N.Y., poy. 28,I83) Bicycle Parking Standard: 1 space per 40 berths (Greslrnrn, Ore., pop. 90,205) marine sales and service use • 1 per 10 slips, ptus 1 for each employee (St. Jvian~'s Corurfy, Md., pop. 86,211) • Ioff-street parking space per each 500 square feet of gross floor area, except areas used exclusively for storage or loading (Snit Jrtart Cnyistrarto, Calif., pop. 33,826) • lspaceper2,OOOsquarefeetofsalesarea(Bloorrrirrgton, Jrtd., pop. 69,29I) • 1 Far every 400 square feet (CJncintrntf, Ohio, pop. 33I,285, • lparkingspaceis.requiredper300squarefeetfCornl Sprfrrgs, Fla., pop. II7,549) marlne terminal (see also transportation terruiual; rooter taxi service} ~_ • lspaceafeachl,OODsquarefeetoffloorarea(Tlrorrtlort, Colo., pop. 82,384) • 1 parking space shall be provided for each 2 employ- ees (Madison, Wisc., yop. 208,054; GaitJrershrtrg, Md., pop. 52,613} • 1 per 2,000 square feet (Grampaign, 7t1., pop. 67,518} • 1 per employee, plus vehicle area lanes sized to accommodate planned ferry capacity and trip gen- eration (5t. Mary's County, Md., pop. 86,2I2) • 1 per200 square feet of gross floor area (Ft. Lauderdale, FTn., pop. 152,397} • iforevery2,OOOsquarefeet{CincinnaH,Ohio,pop.331,285} market research service (see also calf center; office use, nrrfess ot)r ise specifie telentnrkating offlcc) • 1 space per 25 square feet rrexa, Kara„ pop. 40,238) • 1 space for ea empto ge on the largest shift or 1 space per 500 uare eet, whichever !s larger (St. Helens, Ore_, pop. 0, 9) martial arts studio • D.33 per studen Jn e:oood, Olrfa, pop. 56,646} - 1 space per 15 squar feet of floor area (Drrrtcnnville, Tex., yop. 36, 1) • Parking eq al to 30 pert t of the capacity of persons (Mimrenp is, Minn., yop. 82,618) • 1 space er 100 square fe excludIng Iocker rooms (RJcJrnrd orr, Tex., pop. 9I,8 ) 1 space for each 300 square feet of gross floor area Maxiraunr: l space far each 100 square feet of gross floor area {Jefferson County, Ky., pop. 693,604) massage establishmenf (see also JrcaItlr spn) • 4 per 1,000 square feet of gross floor area (Racine, • Wisc., pop. 81,855} 1? 6 r I ~~ Indian River County: (35) Marinas. One space per three hundred (300) square feet of principal building area plus one space per three (3) boat storage spaces or slips and one (1) space per boat slip designated for live-aboard vessel use. Martin County: Marina, commercial I 1 space/5 wet or dry slips plus 1 space/employee City of Stuart: Marina 1 per 5 boat slips, plus 1 space per employee City of Melbourne: 36) Marinas (Commercial)--One (1) space for each two (2) slips in wet storage, one (1) space for each four (4) spaces in dry storage, and one (1) space for each three hundred (300) square feet of sales area. Brevard County: t. Marinas: One space per two slips in wet storage and one space per two boat spaces in dry storage, one space for each 300 square feet devoted to sales and service, and 25 spaces per boat ramp or hoist available to the general public. n D~ Fr 3u ~ ~ ~ s~,c. cT-cT~~ ~r..s ~. tt[nrTTlR __ ^ marina (See nlso bunt livery; moorage, . commercinf; port wrd Jearbor fnciIities; water-depertdentrue; rnnterfrortt, rnnrYne- bont >orre) Waterfront establishments • whose business is offering the sale or rental of boats and marine sporting equip- ment and the servicing, repair,orstorage of same. Such establishments may•also provide travelift services, slip rental, gasol'me, sanitary pumpout service and food, drink and transient lodging accom- • modations. (Bnyfretd Cotrrrh~, Wisc.) A use of land involved in the operation of a marina including structures and ac- tivities normally integral to the operation of a marina, such as servicing, fueling, pumping-out, chartering, launching, and dry-storage of boats and boating equip- ment. {Clenrrunter, FInJ A dock or basin where slips, moorings and often supplies, repairs, and other services. are availablrifor craft. ( uintT,/, Mnss.) .Any facility for the mooring, berthing, storing, or securing of watercraft (plc- tured at right), but not including commu- nitypiersandothernon-commerciatboat docking and storage facilities. A marina may include boat sales, boat fuel sales, boat construction, boat repair, marine equipment sales, or promotional events, boat and jet ski rental, and other uses clearly incidental to watercraft activities. (Cecil County, Md.) An establishment providing docking, moorage space, and related activities lim- ited to the provisioning or minor repair of pleasure boats and yachts, and acces- soryfacilities includingbut not iinvted to showers, toilets, and self-service laun- dries. (Icing Cnurrty, Wnsh.) Afacility for secure mooring of boats, in- cludingfacilities for storage and repair of boats and sale of boating supplies and fuel, for use by the owner or resident of the lot, and those other than the awner or resident of the lot, upon which. the facil- ity is located. (Virgfnin Bench, Vn.) ^ marine service station Amarine re- tailsales and service use in which fuel For boats is sold, and where accessory uses including but not limited to towing or minor vessel repair may also be provided. l ,(Seattle, Wash.) ^ maritime activities (See also pnrt nrcd harbor fnciiities; water-dependent use) Activities required far, supportive of, or commonly associated with the construc- tion, repair, operation, storage, loading, and unloading of boats, waterfront dock and port facilities, marinas, navigation aids, boat fuel and equipment supply, ground-level parking incidental to such uses, and other activities the primary pur- pose of which is to facilitate maritime trade. (Porttarrd, Mnine) estnbJistnrrent along and projecting beyond the wall of the building, generally designed and con- structed to provide protection from the weather. (Concord, N.C.) ^ marsh (See also swmrep; wetIaud defi- nitions) A type of wetland where the soil is usually waterlogged during the growing season. Vegetation includes cat- tails,bulrushes, spikerushes, grasses, and various other marsh plants. (Wayne County, Ohio) rrtartttnle ncrrvures ^ market study The process of ana- lyzing and interpreting data relating to a proposed [retail} center, i uding ex- tent of the tra~e area to b erved, char- acteristics of th popular on conditions, competitive infl ences of other shop- ping centers, ade ac of the site, and any other factors t a might influence the success or fail re of the center. (Waakeshn, INiscJ ^ market value ee n o fair-rrrarket vntrre) The esti ated p 'ce a property will bring in the pen mar et and under prevailing ma cet conditi ns in a sale between a w' ling seller grid a willing buyer, both c nversantwith the property and with prevailing general price levels. (I.irnirtgtnrr, Maine) ^ marquee (See also awning) A perma- nent, roofed structure attached to and supported by the building and projecting over public property. (Sednnn, Ariz.) An area periodically or permanently cov- ered with shallow water, either fresh or saline. (California Planning Roundtnl)Ic) ^ mass transit {See transit) ^ massage ,The manipulation of body muscle or tissue by rubbing, stroking, kneading, or tapping, by hand or me- chanical device. (Concord, N.C.) ^ massage establishment(Seenlsohenlth spa) Any building, room, place, or es- tablishmentotherthan aregularly licensed and established hospital or dispensary where nonmedical or nonsurgical manipu- lative exercises or devices are practiced upon the human body manually or other- wise by any person other than a licensed physician, surgeon, dentist, occupational or physical therapist, chiropractor, or os- teopath with or without the use of thera- peutic, electrical, mechanical, or bathing devices. Shall also include any bathing establishment. (Gnnree, IIL) Any permanent roof-like structure pco- Any establishment having a fixed place jetting beyond a building or extending of businesswhere any person, firm, asso- ~a~'. I~'~L'~2.tC~ P~/4tNNtNlr- /~SSccr~c/1~•'`/} P~/9~NIUL-~S ~lc[?s~rl/4~~" °~c~~