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HomeMy WebLinkAboutO-12-10ORDINANCE NO. 0 -12 -10 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE, ARTICLE V ZONING DISTRICT REGULATIONS, REGARDING VARIOUS PERMITTED AND CONDITIONAL USES, AS WELL AS ARTICLE VI, CONDITIONAL USE CRITERIA; PROVIDING FOR SEVERABILITY, CONFLICTS, AND EFFECTIVE DATE. WHEREAS, City Council has determined that the Land Development Code of the City of Sebastian should be reviewed and updated from time to time; and WHEREAS, City Council has reviewed the zoning districts established in Article V of the Sebastian Land Development Code and determined that a number of permitted and conditional uses need to be changed; and WHEREAS, in conjunction with the changes to the permitted and conditional uses identified in Article V, it is further necessary to modify the conditional use criteria established in Article VI; and WHEREAS, the Local Planning Agency held a public hearing on June 21, 2012 and recommended adoption of these changes; and WHEREAS, the City Council, in consideration of this ordinance, held two public hearings, the first being on September 12, 2012, and the second being on October 10, 2012. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AS FOLLOWS: Section 1. That Article V, Section 54 -2 -5.3.2 of the Land Development Code of the City of Sebastian, is hereby amended to read as follows: "Sec. 54- 2- 5.3.2. - Commercial Limited District (CL). (a) Intent. The CL District is established to implement comprehensive plan policies for managing land designated for limited commercial development. Areas designated for limited commercial development shall not accommodate large -scale retail sales and trade activities generally serving regional markets. Such stores usually differ from limited commercial shops since the former generally require a larger floor area, carry a relatively larger inventory, and require a substantially greater off - street parking area. Uses which are not accommodated within the limited commercial area include the following: large scale discount stores or supermarkets; department stores; wholesale and warehousing activities; sales, service or repair of motor vehicles, machine equipment or accessory parts, including tire and battery shops; automotive services centers; and fast food establishments with drive -in or drive - through facilities. (b) Permitted uses Business and professional offices, excluding drive - through facilities Cultural or civic facilities Med Ica I services Commercial retail 5 5,000 sq. ft. Home occupations Parking garages Churches Administrative services, public and private Clubs and lodges, public and private All uses permitted within the RM -8 Zoning District Accessory uses to permitted uses (c) Conditional uses: Child care services Nursing homes Commercial retail > 5,000 sq. ft. Gasoline sales, retail Parks and recreation areas, public Utilities, public and private Protective and emergency services, public Business and professional offices with drive- through facilities Hete' and P O1eJ6 Qualified affordable housing Restaurants, excluding drive - through facilities Veterinary services Funeral homes Accessory uses to conditional uses (d) Dimensional regulations: 1) (1) Maximum FAR: 60% (2) Maximum height- 35 feet (3) Lot coverage: Maximum building coverage: 30% Maximum impervious surface: 80% Minimum open space: 20% (4) Lot dimensions: Minimum lot size: 10,000 square feet Minimum width. 75 feet Minimum depth: 125 feet (5) Minimum setbacks: Front yard: 10 feet Side yard: 5 feet minimum, except 30 feet when abutting a residential district. Rear yard: 10 feet; except 30 feet when abutting a residential district." Section 2. That Article V, Section 54 -2 -5.4 of the Land Development Code of the City of Sebastian, is hereby amended to read as follows. "Sec. 54- 2 -5.4. - Commercial Riverfront (CR). (a) Intent. The purpose and intent of the CR District is to provide a management framework for implementing comprehensive plan objectives and policies for the riverfront mixed use designation illustrated on the future land use map. All development in the Commercial Riverfront District shall comply with the comprehensive plan, performance criteria in chapter III, as well as other applicable land development regulations. The CR District is intended to preserve the existing character of the riverfront area. The existing assets, including historical structures, shall be protected, preserved and enhanced. The zoning district is intended to provide for a mixture of uses and a variety of opportunities for recreational and commercial uses while protecting the environment. (b) Permitted uses Cultural or civic facilities des Clubs and lodges, public and private Medical services Gasoline sales, retail 3 Wet or dry storage of boats Trade and skilled services Marine power sales and service Hotels and motels Bait and tackle shops Accessory uses to permitted uses Educational institutions, marine related Administrative services, public and private Business and professional offices, excluding drive - through facilities Commercial retail :5 10,000 sq. ft. Restaurants, excluding drive - through facilities Bars and lounges Home occupations Marinas Marine fuel sales Boat sales and rentals Fish markets and packing facilities Yacht clubs P,-jfk Rg lot6 without a b uildmnn on fhe -4ot All uses permitted in the RM -8 Zoning District (c) Conditional ruses: Utilities, public and private Protective and emergency services, public Commercial retail > 10,000 sq. ft. is and Child care services Churches Plant nurseries Funeral homes 4 Accessory uses to conditional uses Parks and recreation, public Nursing homes Commercial amusements, enclosed Restaurants, with drive- through facilities Farmer's markets Parking lots without buildings on the lot Veterinary services Business and professional offices with drive- through facilities Vehicular service and maintenance (d) Size and dimension regulations: The following are the minimum size and dimension criteria for lots within this district. For lots located in the Riverfrant Performance Overlay District, the additionai requirements of the overlay district shall be complied with: (1) Maximum FAR: 60% (2) Maximum height: 35 feet (25 feet for properties located east of Indian River Drive) (3) Lot coverage. Maximum building coverage: 30% Maximum impervious surface: 80% Minimum open space: 200% (4) Lot dimensions: Minimum lot size. 10,000 square feet Minimum width. 75 feet Minimum depth: 125 feet (5) Minimum setbacks: Front yard with sidewalks, curb and gutters: None Front yard without sidewalks, curb and gutters: 6 feet Side yard: 5 feet, except 10 feet when abutting a residential district or use. P ear yard: 10 feet, except 30 feet when abutting a residential district or use. 5 (e) Riverfront design standards Development shall comply with the design standards for the Riverfront Performance Overlay District, cited in article XXI." Section 3. That Article V, Section 54 -2 -5.5 of the Land Development Code of the City of Sebastian, is hereby amended to read as follows "Sec. 54- 2 -5.5. - Commercial Waterfront Residential District (CWR). (a) Intent The purpose and intent of the CWR District is to provide a management framework for implementing comprehensive plan objectives and policies for the Riverfront Mixed Use designation illustrated on the future land use map. All development in the Commercial Waterfront Residential District shall comply with the comprehensive plan performance criteria in chapter III, as well as other applicable land development regulations. The CWR District is intended to preserve the existing character of the Riverfront area The existing assets, including historical structures shall be protected, preserved and enhanced. The zoning district is intended to provide for a mixture of uses and a variety of opportunities for recreational, residential and commercial uses while protecting the environment. (b) Permitted uses Single- family dwellings Duplex dwellings Multiple- family dwellings up to S units per acre Timeshare facilities GhuFGhes Cultural or civic facilities ilidminmstrnti p"Ime• aF;d nriyat© Clubs and lodges, public and private 13 !dries d -far 1011al Off'.ne s eYxrl di.+�9 dFiye -thrn� h faGiktiese• vcrsr-ue�v criea�ry read m-ra r'vnioov, C7[O�PPfIe� cy�r■G e�ai ®y�xr r- arO1TGa Commercial retail s 5,000 sq. ft. Foster carelgroup homes with :5 6 residents Wept nr dry c tev agea of beats Boat sales or rental Bait and tackle shops Fish markets /packing facilities [.1 Yacht clubs Restaurants excluding drive- through facilities Bars and lounges Trade and skilled services marine - related only Marinas Marina fuel sales _Marine power sales and service Home occupations Accessory uses to permitted uses AGGe660FY 616e6 to iak46es (c) Conditional uses: Model homes lr`hilyd -nnrc rr vrairy van c—�s Educational institutions, marine related Commercial retail > 5,000 sq. ft. Business & rofessiona! offices excluding drive-through facilities Utilities, public and private Foster care /group homes with > 6 residents Parks and recreation, public Hotels and motels M aFi ne fu e., sales NursAnn heroes oe­6 Parking lots without a building on the lot Protective and emergency services, public Bed and breakfast Wet or dry storage of boats Accessory uses to conditional uses 7 (d) Size and dimension criteria: (1) Maximum Density: 8 units per acre (2) Maximum FAR: 50% (3) Maximum height: West of Indian River Drives 35 feet East of Indian River Drive: 25 feet (4) Lot coverage: Maximum building coverage: 30% Maximum impervious surface: 80% Minimum open space: Nonresidential: 25% Residential: 50% (5) Lot dimensions: Minimum lot size: 10,000 square feet Minimum lot width: 80 feet Minimum lot depth: 125 feet (6) Minimum setbacks: Front yard: Nonresidential, with sidewalk, curb and gutter: None required Nonresidential, without sidewalk curb and gutter: 10 feet Residential: 25 feet Side yard: Nonresidential; 5 feet, except 10 feet when abutting a residential district or use. Residential: 15 feet plus one foot per each additional 2 feet in height above 25 feet Rear yard: Nonresidential: 10 feet, except 30 feet when abutting a residential district or use. Residential: 20 feet 8 Minimum distance between residential structures on the same lot : 20 feet (7) Minimum living area. Single - family dwellings: The minimum floor area required, exclusive of porches, terraces, attached garages, carport or unroofed areas, shall be 1,200 square feet Duplex: 750 square feet per unit; Multiple family dwellings: Required Minimum Living Area in Multiple Family Dwellings Type Dwellin 1# Bedrooms Required # of Square Feet Efficiencies 600 One bedroom units 700 Two bedroom units 850 Three bedroom units 1,000 Each additional bedroom after three bedrooms 100 s . ft per additional bedroom (8) Required accessory structures: Every single- family and duplex dwelling unit shall be required to provide a garage or carport. If a carport or similar unenclosed structure is provided then each unit within the principal structure shall contain a fully enclosed utility storage area of at least 60 square feet which shall be designed as an integral part of the principal structure. If a fully enclosed garage is provided. then no utility structure shall be mandated. The garage or carport shall have a minimum interior clear dimension of ten feet by 20 feet. (e) Regulation of sales promotional activity- Safes activities for commercial resort residential units shall comply with all of the following criteria: (1) The original sale of the vacation time sharing plans may be conducted on premises in a sales office and in up to a maximum of two model units; (2) The on -site sales activity shall be limited to original developer sales; (3) The sates activity shall be conducted inside the sales office and model units so as not to be noticeable from the outside, except for permitted graphics; (4) On -site sales activities shall be terminated upon completion of original sales; and (5) A minimum of one parking space for each two proposed units shall be provided on site for the sales staff and potential purchasers' use during the (marketing) sales promotional and construction phases. (f) Conversions to time -share units: No development involving the conversion of an existing dwelling unit to a time -share unit may take place unless the applicant attaches to his application for zoning or site plan approval either (1) A copy of any information required by the state, including as may be Z appropriate, a condominium declaration, sales prospectus, and/or other documents required by the state in regulating the use Such material shall include a statement in prominent type declaring that time -share units will or may be created with respect to units proposed; and/or (2) An amendment to a prior existing condominium declaration that permits time- share estates to be created, which amendment has been executed by each record owner of each unit of the condominium and each record owner of each lien on each unit of the condominium. (g) Other required information. Applicants for a time -share use shall file with the city all public documents required by the state in regulating such use. The purpose of this requirement is to provide assurance that the applicant has been found in compliance with all requisite state regulations governing the use, including method of sales, operations, and other issues of public health, safety and welfare " Section 4, That Article V, Section 54 -2 -5,6 of the Land Development Code of the City of Sebastian, is hereby amended to read as follows: "Sec. 54- 2 -5.6. - Industrial District (IN). (a) Intent. The intent of the IN District is to provide a management framework for implementing comprehensive plan objectives and policies for limited industrial development on and designated IN on the future land use map. All development in the IN District shall comply with the comprehensive plan, performance criteria in chapter iii, as well as other applicable land development regulations. Salvage yards and junkyards are deemed to generate highly extensive adverse impacts for the urban area and shall not be permitted uses in the city limits of Sebastian. Such activities are more appropriately located near major regional transportation facilities. (b) Permitted uses. Utilities, public and private Business and professional offices with or without drive - through facilities Gasoline sales Crematory Commercial retail with :5 5,000 sq. ft. Commercial amusements, enclosed Storage facilities Plant nurseries Restaurants with or without drive- through facilities Trades and skilled services, including marine - related Wholesale trades and services 10 Farmer's market Fish markets and packing facilities Veterinary services Industrial activities Parking garages Parking lots without buildings on the lot Clubs and lodges, public and private Schools, public and private Educational institutions marine related Administrative services, public and private Vehicular sales and related services Accessory watchman facilities Medical services Vehicular services and maintenance Marine power sales and service Wet/dry storage of boats Accessory uses to permitted uses (c) Conditional uses: Commercial retail with > 5,000 sq. ft. Hotels and motels Mimi - Storage Protective and emergency services, public Parks and recreation, public Commercial amusements, unenclosed Adult entertainment establishment Flea markets Accessory uses to conditional uses (d) Dimensional regulations: (1) Maximum FAR 50% (2) Maximum height: 35 feet. No structure shall be erected within the approach zones of active runways on the Sebastian Municipal Airport at a height in excess of those ,permitted by the FAA or the city council. All structures shall comply with the City of Sebastian Airport Master Plan. (3) Lot coverage Maximum building coverage: 50% Maximum impervious surface 80% Minimum open space 20% (4) Lot dimensions Minimum lot size: 15,000 square feet Minimum width: 100 feet Minimum depth: 125 feet (5) Minimum setbacks: Front yard: 20 feet Side interior yard: None Rear yard: 10 feet. No building or structure in an IN District shall be located closer than 30 feet to a residential district. (e) Processing and storage within the Industrial District: In the Industrial District any use is permitted either indoors or outdoors, but in conformance with the applicable performance standards. In the Industrial District, all business, servicing, manufacturing or processing within 200 feet of a residential district boundary may be outdoors but shad be effectively screened by a solid wall, fence or natural landscaping providing a 90 percent opaque screen planting so that the materials shall not be visible from the residential district. The requirement shall not apply to airfields for the outside storage of aircraft." Section 5. That Article V, Section 54 -2 -5.7 of the Land Development Code of the City of Sebastian, is hereby amended to read as follows: "Sec. 54- 2 -5.7. - Airport and Industrial Facilities District (AI). raj Intent. The intent of the Al District is to provide a management framework for implementing comprehensive plan objectives and policies for airport facilities and supportive light industrial activities and related development within lands designated IN on the future land use map. In addition, the district shall implement the policies of the City of Sebastian Airport Master Plan. Performance criteria within the land development code requires that land use and development within and adjacent to the Sebastian Airport avoid encroaching upon the airport hazard zone. Furthermore, land uses 12 proposed within noise impact areas defined in the FAA noise control regulations shall comply with FAA guidelines for managing noise impacts through land use regulation The airport district regulations establish the permitted uses and applicable restrictions within the air operations area The Federal Aviation Administration (FAA) regulations shall govern the land use, specifications, and placement of structures within the airport operations area. All development in the Al District shall comply with the comprehensive plan, performance criteria in chapter III, section 54 -2 -7.42, Airport height limitations, article XVlil, Site Plan Review Procedures, as well as other applicable land development regulations. {b} Uses permitted Airports and related uses Fixed base operators Aircraft repair and service Aeronautical schools Aircraft storage hangars Terminal facilities Air freight terminals Flying clubs Airline operations Sale or rental of aircraft Air taxi and charter Aerial survey Aerial advertising Aircraft manufacturing Sales of aircraft parts and supplies Aircraft modification Airport maintenance Airport administration Airport security and emergency services Aircraft component manufacturing when flight - testing is involved Light industries that manufacture, assemble, process, package, store or distribute products that are dependent on component parts or raw materials manufactured elsewhere when runway is required 13 Skydivirjg services Marine power sales and service Wetfdry storage of boats Wholesale trades and services (c) Conditional uses: Hotels and motels Restaurants, excluding drive- through facilities Skydiving sepy K,r ©c The following conditional uses are permitted when combined with a permitted use: Car rental Fuel storage Protective and emergency services, public Parks and recreation, public Utilities, public and private (d) Dimensional regulations: (1) Maximum FAR: 50% (2) Maximum height: 35 feet. (3) Lot coverage: Maximum building coverage: 54% Minimum open space: 20% � "axi�m�u�m� JIM DPi V'iOUS SU- 1faCC: 80% (4) Lot dimensions: Minimum lot size. 15,000 square feet Minimum width: 100 feet Minimum depth: 125 feet (5) Minimum setbacks Front yard: 20 feet Side yard: None Rear yard: 10 feet. 14 No building or structure in an Al District shall be located closer than 30 feet to a residential district. {f} Airport height limitations. Reference section 54 -2- 7.12" Section G. That Article V, LAND USES BY DISTRICT MATRIX of the Land Development Code of the City of Sebastian, is hereby amended to read as follows; 15 NO P. 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Q: -0 m � C?u OC-0 C N m ID H to ❑ U) IJ> a� E> w m cJ � o °' N � N _U C 0-0 C ca M (D E oa U� c '0 0 � N p C N � N N O t ^�l ^L^ll W W U N IV) O m— M T 7 O O U a a N C � E E E 0c �. m V) -0 " m m C: a .2) zs N LJ � C � a a) � V N N E O ?• t � a X m C N N c a) m C N :m U � 44] O U < .� j 4.1 a o o 'm c Section 7. That Article VI, Section 54- 2- 6.4(4) of the Land Development Code of the City of Sebastian, is hereby amended as follows: "(4) Bars and lounges: a. Applicable zoning districts: Bars and lounges shall be permitted as a conditional use within the following zoning districts: CG_ and 6IR." Section 8. That Article VI, Section 54- 2- 6.4(6A) is hereby added to the Land Development Code of the City of Sebastian as follows: 16A) Business & Professional offices, excluding drive - through facilities: a. Applicable zoning districts. Business and professional offices excluding drive - through facilities shall be permitted as a conditional use within the following zoning districts: CWR. b. Conditional use criteria. Business and professional offices excluding drive - through facilities will be allowed provided the following criteria are met: 1. All side and rear yards abutting or adjacent to residential districts or uses shall be screened in accordance with the standards established in section 54- 3- 14.16 of this chapter. In _addition, walls or fences may be required by the planning and zoning commission for the sole purpose of screening light beams from motor vehicles utilizing drive-through facilities if such light beams will cause undue glare to surrounding properties, taking into account the use of the surrounding properties, the distance therefrom, and the existence of other obstructions to such light beams. Any such requirements imposed by the planning and zoning commission as to walls and fences shall be supported by stating the basis for such requirements. This requirement may be required by the planning and zoning commission after original site plan approval if the use of the adjacent _land(s) on the side or rear of the property chances and becomes sensitive to Ware. - Section 9. That Article Vl, Section 54 -2- 6.4(7) of the Land Development Code of the City of Sebastian, is hereby amended as follows: "(7) Child care services: a. Applicable zoning districts: Child care services shall be permitted as a conditional use within the following zoning districts: RE -40, RS -20, RS -10, RM -8, C -512, CL, CG, CR, GV-, and PS." 20 Section 14. That Article VI, Section 54- 2- 6.4(8) of the Land Development Code of the City of Sebastian, is hereby amended as follows "(8) Churches: a. Applicable zoning districts. Churches, synagogues and other places of worship shall be permitted as a conditional use within the following zoning districts. RE-40, RS -20. RS -10, RM. -8, CR, and PS." Section 11. That Article VI, Section 54- 2- 6.4(15) of the Land Development Code of the City of Sebastian, is hereby amended as follows. "(15) Cultural or civic facilities: a. Applicable zoning districts. Cultural or civic facilities shall be permitted as a conditional use within the following zoning districts. RM -8. GWR, and PS." Section 12. That Article VI, Section 54- 2- 6.4(26) of the Land Development Code of the City of Sebastian, is hereby amended as follows: "(26) Hotels and motels: a. Applicable zoning districts. Hotels and motels and transient quarters will be permitted conditional uses within the following zoning districts, GL., CWR, IN, and Al." Section 13. That Article Vl, Section 54- 2- 6.4(27) of the Land Development Code of the City of Sebastian, is hereby amended as follows: "(27) (Reserved) Mao *e f ei ale -a 41 = I IT1# M ffjZ-�- IMIM ... 21 Section 14. That Article VI, Section 54 -2- 6.4(28) of the Land Development Code of the City of Sebastian, is hereby amended as follows "(28) Mini- storage: a. Applicable zoning districts. Mini - storage shall be permitted as a conditional use in the following zoning districts CG and IN.' Section 15_ That Article VI, Section 54 -2- 6.4(30) of the Land Development Code of the City of Sebastian, is hereby amended as follows "(30) Nursing homes (including rest homes or convalescent homes): a. Applicable zoning districts. Nursing homes shall be permitted as a conditional use within the following zoning districts- RM -8, C -512, CL, CG, and C R„ and R " Section 16. That Article Vl, Section 54 -2- 6.4(31) of the Land Development Code of the City of Sebastian, is hereby amended as follows. "(31) Parking lots (without a building or structure on the lot): a. Applicable zoning districts. Parking lots without a building or structure on the lot or parcel shall be permitted as a conditional use within the following zoning districts: CR and CWR. A "structure" for the purpose of this section means an edifice or building of any kind." Section 17. That Article VI, Section 54- 2- 6.4(44) Wet/dry storage of boats is hereby added to the Land Development Code of the City of Sebastian as follows: "(44) Wet/dry storage of boats a. Wet/dry storage of boats shall be conditional use within the CWR district. b. Conditional use criteria_ Dry storage of boats will be allowed provided the following conditions are met: Surface: Such storage areas shall have a surface meeting the 22 provisions of Section 54-3-10.10 of this code. 2. Screening_ All side and rear yards abutting residential districts or uses shat} be screened in accordance with the standards established in Section 54- 3- 14.16. 3. Site plan review: Such storage areas shall undergo a site plan review in accordance with Article XVIII of this code. C. Conditional use criteria: Wet storage of boats will be allowed provided the following conditions are met: 1. Storage areas shall be subject to all applicable regulations of Department of Environmental Protection, Army Corps of Engineers, Fish and Wildlife Service, submerged land leases. and/or any other applicable jurisdictional authorities." Section 18. That Article VI, Section 54- 2- 6.4 {45} of the Land Development Code of the City of Sebastian, is hereby amended as follows: "(454) Whoiesale trades and services. a. Applicable zoning districts. Wholesale trades and services shall be permitted as a conditional use within the following zoning districts: CG_; Gail AQV R Section 19. SE°VERABILITY In the event a court of competent jurisdiction shall determine that any part of this Ordinance is invalid, 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 provision. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without said invalid provision, thereby causing said remainder to remain in full force and effect. Section 24. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. 23 Section 21. EFFECTIVE DATE. This Ordinance shall take effect upon its adoption by the City Council. The foregoing Ordinance was moved for adoption by Councilmember G i 11 m o r The motion was seconded by Councilmember Coy and, upon being put to a vote, the vote was as follows: Mayor Jim Hill aye Vice -Mayor Don Wright absent Councilmember Andrea Coy aye Councilmember Richard Gillmor aye Councilmember Bob McPartlan aye The Mayor thereupon declared this Ordinance duly passed and adopted this 10 thday of October , 2012. City Clerk ATTEST: Sally A. Mai , MMC City Clerk CITY OF S ASTIAN, FLORIDA vor Jim Hill Approved as to form and legality for reliance by the City of Sebastian only: Robert A. Ginsburg, City Attorney Words stricken shall be deleted; words underlined constitute the proposed amendment; remaining provisions continue in effect. 24