HomeMy WebLinkAboutO-22-06 RM-10 ZoningORDINANCE NO.O-22-06
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING LAND
DEVELOPMENT CODE BY ADDING SECTION 54-2-5.2.4A NEW ZONING DISTRICT
REGULATIONS FOR RM-10 RELATING TO MEDIUM DENSITY MULTIPLE FAMILY
RESIDENTIAL USES; AMENDING LAND DEVELOPMENT CODE SECTION 54-2-6.4 BY
AMENDING CONDITIONAL USE CRITERIA RELATING TO RM-10 MEDIUM DENSITY
MULTIPLE FAMILY RESIDENTIAL USES; AMENDING SECTION 54-3-15.2 PARKING
REQUIREMENTS RELATING TO MEDIUM DENSITY MULTIPLE FAMILY RESIDENTIAL
USES; PROVIDING FOR SEVERABILITY AND REPEAL OF LAWS IN CONFLICT;
PROVIDING FOR CODIFICATION; PROVIDING FOR SCRIVENER'S ERRORS; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council approved updates to the Comprehensive Plan 2040 in 2021; and
WHEREAS, in accordance with Florida Statutes 163.3202(1), each municipality shall adopt or
amend and enforce land development regulations that are consistent with and implement their adopted
comprehensive plan; and
WHEREAS, the City Council finds it is in the public interest to modify and update certain
provisions of the code relating to new zoning districts relating to new land uses; and
WHEREAS, the Local Planning Agency held a public hearing on August 11, 2022, and made a
recommendation to City Council to approve Ordinance 0-22-06.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows:
Section 1. That the Code of Ordinances and the Land Development Code, City of Sebastian,
Florida, is hereby amended as follows:
Amendment 1: Sec. 54-2-5.2.4A. Medium Densitv Multiple-Familv Residential District (RM-10).
la) Intent: The RM-10 District is established to implement comprehensive olan policies for manaeine primarily duplex and
multiple-familv developments on land desienated as medium densitv residential development. The intent of the
standards within this Section is to encourage diverse housine options and housine tvoes.
(b) Uses permitted:
Single-familv dwellings
Duplex dwellines
Multifamilv dwellines. includine sinele attached and detached units for rent
Foster care/erouo homes with <_ 6 residents
Home occupations
Townhouse develooment
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Accessory residential uses including office or retail space
(c) Conditional uses:
Foster care/group homes with > 6 residents
Child care services
Cultural or civic facilities
Schools, public or private
Golf courses and support facilities
Bed and breakfast
Nursing homes
Churches
Utilities, public and private
Parks and recreation, public
Protective and emergencv services. public
Qualified affordable housing
Model homes
Accessory uses to conditional uses including office or retail space
(d) Dimensional reaulations:
LOT AREA (MIN)
LOT DEPTH (MINI
LOT WIDTH (MIN)
BUILDING COVERAGE
MAX
IMPERVIOUS SURFACE
MAX
OPEN SPACE (MIN)
BASE DENSITY (MAXI
FRONT (MINI
REAR (MIN)
SIDE (MIN) (interior)
BUILDING HEIGHT
MAX
RESIDENTIAL
DETACHED
ATTACHED
4.500 SF
1,875 SF
100 FT
75 FT
45 FT
25 FT
45%
60%
60% 70%
30% 30%
10 DU/AC 10 DU/AC
251 FT 251 FT
20 FT
52 FT (1 storv)/ 10 FT (2
story)
35 FT 35 FT
Minimum living area:
Single-familv dwellings: The minimum floor area reauired for a detached single-familv dwelline. exclusive of porches.,
terraces. attached garages. carports or other unenclosed areas, shall be 900 square feet.
Duplex dwellings: 700 sauare feet per unit.
Multiple-familv dwellings:
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REQUIRED MINIMUM LIVING AREA IN MULTIPLE -FAMILY DWELLINGS
Tvpe Dwellina/# Bedrooms Required # of Sauare Feet
Efficiencies/Tinv Home 500
One bedroom units 600
Two bedroom units 750
Three bedroom units 900
Each additional bedroom after three bedrooms 100 SF per Additional bedroom
Maximum Unit Size 1400
(e) Density Calculations.
Single-familv dwellings: For the purpose of densitv calculations each Sinele-familv dwelling unit counts for one (1)
dwelling unit.
Multiple-familv dwellings: For the purpose of densitv calculations dwelling units within a multiple-familv development
or a duplex that have a habitable space less than or eaual to 600 sauare feet shall be calculated as 0.5 (half) dwelling
unit.
(f) Parking.
Parking shall be provided consistent with Section-54-3-15.2 and may be provided via off-street parking,
garage and or surface parking.
jg) Special Regulations:
(1) - Access. All dwelling units shall have access to a public street either directly or indirectly via an approach, private
road, or other area dedicated to public or private use or common easement guaranteeing access. The city shall
be allowed access on privately owned roads. easements, and common open space to ensure police and fire
protection of the area meet emergencv needs. conduct city services endd ge
nerally ensure the health and safety
of the residents of the development.
(2) Unified control. Title to all land within a proposed site shall be owned or controlled by the developer/owner
submitting the applications for the development. For purposes of this section. the term "controlled bv" shall mean
that the developer shall have the written consent of all owners of the property within the proposed site not
owned by the developer. The consent shall contain a notarized statement that the developer is authorized to
represent the owners in the submission of an application under the provisions of this section and that the owners
shall agree to be bound by the decision of the city council if the application is approved.
(3) Development standards. The minimum construction reauirements for streets or roads. sidewalks. utilities, and
drainage shall be in compliance with city standards.
(4) Common open space. All privately owned common open space shall conform to its intended use and remain as
expressed in the final development plan through the inclusion in all deeds of appropriate restrictions to ensure
that the common open space is permanently preserved accordine to the final development plan. Such deed
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restrictions shall run with the land and for the benefit of present as well as future property owners and shall
contain a prohibition against partition. All common open space. as well as public and recreational facilities. shall
be specifically included in the development schedule and be constructed and fully improved by the developer at
an equivalent or greater rate than the construction of residential structures. The developer shall establish an
association or nonprofit corporation of all individuals or corporations owning properties within the development
to ensure maintenance of all common open space. The association or nonprofit corporation shall conform to the
following reauirements:
1. The developer shall establish the association or nonprofit corporation prior to sale of anv lots. Control of all
common open space and recreation facilities shall be passed to the association upon sale or transfer of 90
percent or more of the residential units.
2. Membership in the association or nonprofit corporation shall be mandatory for all residential propertv
owners within the development. and such association or corporation shall not discriminate in its members or
shareholders.
3. The association or nonprofit corporation shall manage all common open space and recreational and cultural
facilities. that are not dedicated to the public: shall provide for the maintenance. administration and
operation of such land and anv other land within the development not pt.aklicly or privately owned: and shall
secure adeauate liabilitv insurance on the land. The title to all residential property owners shall include an
undivided fee simple estate in all common open space or an unrestricted easement for the use and
eniovment of the common open space.
Amendment 2: Sec. 54-2-6.4. Specific criteria for approving a conditional use.
In addition to satisfaction of the general provisions cited above, a conditional use shall be permitted only upon a
finding that the proposed conditional use complies with the requirements for the respective conditional use as specified
below:
(5) Bed and breakfast facilities:
a. Applicable zoning districts: Bed and breakfast facilities shall be permitted as a conditional use within the
following zoning districts: RM-8, RM-10 and CWR.
b. Conditional use criteria:
1. Bed and breakfast facilities shall only be located on property lying on or east of U.S. 1.
2. No required parking facilities shall be located east of Indian River Drive.
3. 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.
(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, RM-10, C-512, CL, CG, CR, and PS.
b. Conditional use criteria. Child care services will be allowed provided the following conditions are met:
1. The site shall be located on a paved public road with sufficient width to accommodate pedestrian
and vehicular traffic generated by the use. A facility located within the RS-10 district shall be located
on a major collector street or larger as designated on the city's adopted thoroughfare map. A facility
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located in any other zoning district shall be located near a major collector street so as to discourage
traffic along residential streets in the immediate area.
2. One accessory off-street parking space shall be provided for each five children accommodated in
the child care facility.
3. No such facility shall be permitted on a lot unless it contains a minimum of 10,000 square feet.
4. Special passenger loading and unloading facilities shall be provided on the same lot for vehicles to
pick up or deliver clientele. Such facilities shall include driveways that do not require any backup
movements by vehicles to enter or exit the premises.
5. All regulations of the State of Florida as amended hereafter that pertain to the use shall be satisfied.
6. A fenced area of usable outdoor recreation area of not less than 45 square feet per child (based on
the maximum capacity of the child care facility as determined by the applicable Florida laws) shall
be provided and such area shall be delineated on the site plan submitted at the time the application
is filed. For purposes of this provision, the term "usable outdoor recreation area" shall be limited to
the following:
(a) That area not covered by building or required off-street parking spaces, which is fenced
and screened from adjacent property boundaries.
(b) No portion of the front yard.
(c) Only that area which can be developed for active outdoor recreational purposes.
(d) An area which occupies no more than 80% of the combined total areas of the rear and
side yards.
(e) No usable outdoor recreational area shall be utilized within any dedicated easement.
7. Screening: All side and rear yards shall be screened in accordance with the standards established in
section 54-3-14.16 of this ordinance.
(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, RM-10, CR, and PS.
b. Conditional use criteria. Churches, synagogues and other places of worship will be allowed provided the
following conditions are met:
1. A minimum lot area of 20,000 square feet shall be required.
2. A minimum lot width of 100 feet shall be required.
3. The maximum lot coverage by all impervious surfaces shall not exceed 60% of the lot area.
4. No building or structure shall be located closer than 30 feet to any property line abutting a
residential use or district.
5. Access shall be from a major thoroughfare or as otherwise approved by the city engineer.
6. Any accessory residential use or school upon the premises shall provide such additional lot area as
required for such use by this section and shall further be subject to all conditions set forth for such
uses by this section. Accessory residential uses may include convents, monasteries, rectories or
parsonages.
7. Screening: All side and rear yards abutting residential districts or uses shall be screened in
accordance with the standards established in section 54-3-14.16 of this ordinance.
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(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, RM-10, and PS.
b. Conditional use criteria. Cultural or civic facilities including public or private facilities, offices or services,
and which may include civic or community centers, theaters predominantly used for live performances,
libraries, museums and similar uses, will be allowed provided the following conditions are met:
1. No building shall be located closer than 50 feet to any lot line which abuts a residential district.
2. No off-street parking or loading space shall be located closer than 15 feet to any property line
abutting a residential district.
3. Screening: All side and rear yards abutting residential districts or uses shall be screened in
accordance with the standards established in section 54-3-14.16 of this chapter.
4. The proposed site shall be located on a major collector street or an arterial street, and shall have
direct access from the site onto the collector street or the arterial street as designated on the city's
thoroughfare map.
1. All sales activity and storage shall be in an enclosed structure.
2. No structure shall be located within 50 feet to any lot line abutting a residential district.
3. No off-street parking or loading area shall be located within 15 feet to any property line abutting a
residential district.
(20) Foster care/group homes with > 6 residents:
a. Applicable zoning districts. Foster care/group homes with > 6 residents shall be permitted as a conditional
use in the following zoning districts: RE-40, RS-20, RS-10, RM-8, RM-10 and CWR.
b. Conditional use criteria. Foster care/group homes with > 6 residents, including supportive staff as defined
in section 419.001, F.S., will be allowed provided the following conditions are met:
1. Does not otherwise conform to existing zoning regulations applicable to other multifamily uses in
the city.
2. Does not meet applicable licensing criteria established and determined by the State including
requirements that the home be located and designed to ensure the safe care and supervision of all
clients in the home.
3. Would result in excessive concentration of community residential homes. A home that is located
within a radius of 1,200 feet of another existing community residential home in a multifamily zone
shall be an over concentration of such homes that substantially alters the nature and character of
the area. A home that is located within a radius of 500 feet of an area of single-family zoning
substantially alters the nature and character of the area.
4. The sites shall also be free of safety hazards, and all structures shall comply with city ordinances and
applicable state laws including applicable state licensing and program requirements.
(23) Golf courses and support facilities:
a. Applicable zoning districts. Golf courses and support facilities shall be permitted as a conditional use
within the following zoning districts: RE-40, RS-20, RM-8, RM-10 and PS.
b. Conditional use criteria. Golf courses and support facilities will be allowed provided the following
conditions are met:
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1. Golf courses and accessory facilities shall not include freestanding commercial miniature golf
courses and/or driving ranges. The minimum site comprising the course shall be 110 acres of land.
2. No major accessory use or principal building or structure shall be located closer than 300 feet to any
lot line which abuts a residential district.
3. Golf courses shall, to the most reasonable extent, retain and preserve native vegetation over at
least 30% of the total upland area of the course due to their characteristically high water demand
and heavy nutrient loads.
4. The lighting of golf courses shall be designed so that lighting is shielded and directed away from
residential areas.
S. Screening: Accessory facilities adjacent to residential districts or uses shall meet the screening
requirements established in section 54-3-14.16 of this ordinance.
(29) Model homes:
a. Applicable zoning districts. Model homes shall be permitted as a conditional use within the following
zoning districts: RE-40, RS-20, RS-10, RM-8, RM-10, RMH, CWR, and approved residential uses in a PUD.
b. Conditional use criteria. Model homes will be allowed providing the following conditions are met:
1. Model homes shall be regulated through the issuance of a model home permit. The permit shall be
issued for a period not to exceed one year. The planning and zoning commission may renew said
permit upon application, provided that the model home has been constructed and operated in
accordance with this Code.
2. A permit holder may not use the model home as his or her principal place of business. The model
home shall be used for display purposes only, and not as a contractor's office, real estate office, or
annex thereof. However, price quotations may be given and binders may be executed on the
premises.
3. The model home shall meet all district requirements for lot and yard dimensions.
4. No construction materials or construction equipment may be stored in the model, on the site, or on
adjoining sites.
5. Business activity may be conducted at the model home only between the hours of 9:00 a.m. and
6:00 p.m., seven days per week; and not more than two permanent employees (in addition to the
owner thereof) shall be authorized to remain in the model during the business day.
6. Model homes with a valid conditional use permit may have one sign not to exceed six square feet
and shall not be higher than six feet. Such signs may be illuminated and shall conform with the city
sign ordinance.
7. Model homes may be illuminated, but only for security purposes and shall not cause a glare or
infringe on neighboring properties or impede traffic.
8. At least five parking spaces shall be provided on the same lot as the model, or on a contiguous lot,
owned by the contractor or developer, or in the street right-of-way immediately in front of said
model, and shall be maintained so long as the model home is used as such, as follows:
(a) A plan for all parking facilities shall be submitted to the city engineer and approved by
the city engineer prior to the issuance of a permit.
(b) Any parking area which is located on a corner lot shall be designed so as not to obstruct
the view of approaching traffic.
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(c) Ingress and egress to the parking area shall be a minimum of 30 feet distant from any
corner and also a minimum distance of ten feet from an interior property line.
9. Where a violation of these restrictions on the use of model homes is determined to exist by the
code enforcement board pursuant to the procedures set forth in division 2 or article VI of chapter 2
of the Code of Ordinances, the certificate authorizing such model home use shall be revoked and no
such certificate shall be reissued for a period of one year following the date of the entry of the order
of the code enforcement board finding the existence of such violation.
10. With respect to model homes in either the RMH or PUD (MH) zoning districts, conditions stated in
subparagraphs (4) and (9), above, may be waived only for mobile home models (removable) when
more than two such models are to be placed in a cluster as part of a sales center.
(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, RM-10, C-512, CL, CG, and CR.
b. Conditional use criteria. Nursing homes will be allowed provided the following conditions are met:
1. No building or structure shall be located closer than 30 feet to any lot line which abuts a residential
district.
2. No off-street parking shall be located closer than 15 feet to any lot line which abuts a residential
district.
3. Adequate provisions shall be made for service vehicles with access to the building at a side or rear
entrance.
4. Screening: All side and rear yards shall be screened in accordance with the standards established in
section 54-3-14.16 of this chapter.
S. Building design shall incorporate provisions for safety which mandate rear and front doors for
emergency evacuation and require a safe and convenient design of internal systems for the
transport of patients within these facilities. Sprinkler systems approved by the building official shall
be required.
(32) Parks and recreation, public:
a. Applicable zoning districts. Public parks and recreation areas shall be permitted as a conditional use within
all zoning districts: RE-40, RS-20, RS-10, RM-8, RM-10, R-MH, C-512, CL, CG, CR, CWR, IN, Al.
b. Conditional use criteria. Public parks and recreation areas, including parks, playgrounds, piers, docks and
boat launching areas that are publicly owned and used for recreational purposes by the general public,
will be allowed provided the following conditions are met:
1. No building or structure shall be located closer than 30 feet to any property line abutting a
residential district.
2. No off-street parking or loading areas shall be located closer than 15 feet to any property line
abutting a residential district.
3. Any recreational use equipped with lighting to allow the use of the facility after sunset or any facility
such as a stadium which attracts large groups of users for specific events shall be allowed only as a
special exception.
4. Screening: All side and rear yards abutting residential districts or uses shall be screened in
accordance with the standards established in section 54-3-14.16.
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(36) Protective and emergency services:
a. Applicable zoning districts. Public protective services shall be permitted as a conditional use within all
zoning districts.
b. Conditional use criteria. Public protective services such as police, fire, rescue and ambulance facilities will
be allowed provided the following conditions are met:
1. All public protective services shall provide ingress and egress on to and off of a major thoroughfare.
2. No building or structure shall be located closer than 30 feet from any side or rear property line
abutting a residential district.
3. No off-street parking or loading area shall be located closer than 30 feet from any side or rear
property line abutting a residential district.
4. Screening: All side and rear yards abutting residential districts or uses shall be screened in
accordance with the standards established in section 54-3-14.16.
(36A) Qualified affordable housing:
a. Applicable zoning districts. Qualified affordable housing shall be permitted as a conditional use within the
RM-10 and CL District.
b. Conditional use criteria:
1. To qualify for this conditional use, a project must participate in and comply with a state or federally
sponsored affordable housing initiative.
2. Maximum density shall be 12 residential units per acre.
3. The minimum living area standards of the RM-10 zoning district shall apply.
(39) Schools, public and private:
a. Applicable zoning districts. Public and private schools shall be a conditional use within the following
zoning districts: RE-40, RS-20, RS-10, RM-8, RM-10, PUD(C) and PS.
b. Conditional use criteria. Public and private schools, excluding private business, technical and commercial
schools, dancing and music academies, and public and private colleges and universities, will be allowed
provided the following conditions are met:
1. Sites shall have access to city collector streets so as to discourage traffic along local residential
streets in residential subdivisions.
2. Depending on the type of facility proposed, the minimal spatial requirements for the site shall be
similar to standards utilized by the Indian River County School Board and the State of Florida.
3. No main or accessory building should be located within 100 feet of any property line.
4. The applicant shall demonstrate a program of systematic instruction reasonably conforming with
customary standards for the respective forms of similar construction.
5. The applicant shall submit a description of anticipated service area and projected enrollment, by
stages if appropriate, and the same to a development plan explaining:
(a) Area to be developed by construction phase:
(b) Adequacy of site to accommodate anticipated facilities enrollment, recreation areas, off-
street parking and pedestrian and vehicular circulation on -site including loading,
unloading and queuing of school bus traffic; and
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(c) Screening: All side and rear yards shall be screened in accordance with the standards
established in section 54-3-14.16.
(40) Utilities, public and private:
a. Applicable zoning districts. Public and private utilities shall be permitted as a conditional use within the
following zoning districts: RE-40, RS-20, RS-10, RM-8, RM-10, R-MH, C-512, CL, CG, CR, CWR, Al, and PS.
b. Conditional use criteria. Public and private utilities such as electrical substations and distribution facilities,
sewage pumping facilities and water storage and pumping facilities will be allowed provided the following
conditions are met:
I. Site plan proposed by a Florida registered engineer shall show the proposed utility together with an
existing system of which the proposed system will be an integral part. A statement shall be
submitted which explains the function of the proposed improvement and its consistency with any
overall utility system plan as well as the comprehensive plan.
2. No portion of the site shall be used for outside storage of materials or equipment, or for repairing or
servicing vehicles and equipment without sufficient land area and appropriate screening to buffer
adverse impacts as approved by the planning and zoning commission.
3. Screening: All front, rear and side yards shall be screened in accordance with the standards
established in section 54-3-14.16.
Amendment 3: Sec. 54-3-15.2. - Parking spaces required by use.
The following uses shall have such parking spaces as designated by this section:
Use
Auto sales.
Auto repair.
Bar and lounges.
Bowling lanes.
Business and professional
offices (excluding medical
offices).
Child care.
Churches, temples, places of
worship.
Convenience stores.
Flea markets.
Funeral homes.
Furniture and appliance stores
and furniture repair shops.
Health clubs.
Required Parkinq
One space per 500 square feet of showroom and office space plus one
space per 2,500 square feet of outdoor display area.
Two spaces for each bay, grease rack or similar facility, plus one space per
400 square feet of office and/or sale area. No such bay, rack or similar
facility shall be counted as a parking space for meeting the parking
requirements of this article.
One space for each three persons based on the maximum capacity.
Four spaces per lane plus the spaces otherwise required for accessory
uses (restaurant and meetinq rooms).
One space for each 200 square feet of office space.
One for each five children based on licensed capacity.
One space for every four seats figuring maximum seating capacity.
One space per 150 square feet of retail area.
Three spaces per booth.
One space for every three seats within the chapel(s) plus one space per
300 square feet of all other building areas.
One space per 400 square feet of display area.
One space per 200 square feet.
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Hospitals.
Two spaces for each bed intended for patients, excluding bassinets.
Hotels, motels.
One space for each unit plus one space for each 400 square feet of
accessory meeting room(s).
Kennels and animal hospitals.
One space per 750 square feet.
Libraries.
One space for each 300 square feet of gross building area.
Manufacturing and wholesale.
One space for each 500 square feet of gross building area or one space for
each employee of the shift of employees that employs the greatest number
of employees, whichever is greater, plus one space for each vehicle
operatinq from the premises.
Marinas.
One space for each 300 square feet of principal building; plus one parking
space for each transient live -aboard vessel slip, one space for every two
wet slips, and one space for every four dry slips; plus
Charter and party boats shall have one parking space for every three
occupants based on the maximum capacity of each such boat in
accordance with the Coast Guard License issued to each such boat (This
does not include "six-pack" boats"), which shall be calculated at two spaces
per boat; plus
Rental facilities for vessels, kayaks, canoes, rowboats, paddle boats,
sailboat and sailboards of any kind, (hereinafter collectively referred to as
"water transports") shall maintain one space for every water transport.
Medical offices, dental offices
One space for each 175 square feet.
and outpatient 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 qross building area.
Nursing homes and assisted
0.6 spaces per bed based on the maximum capacity of the building; plus
care facilities.
one space per 200 square feet of medical offices within the facility.
Plant nurseries.
One space per 250 square feet of indoor retail sales area plus one space
per 1,000 square feet of greenhouse area plus one space per 5,000 square
feet of exterior sales area.
Areas of public assembly,
One space for every three persons figuring maximum occupancy.
theaters, auditoriums, public or
private clubs or lodges.
Public parks and recreation.
Parks —Two spaces per acre.
Athletic fields-20 spaces per field.
Stadiums —One space for each four seats; one seat is equal to two feet of
bench length.
Golf courses —Five spaces per hole plus the spaces otherwise required for
accessory uses (restaurant and meeting rooms).
Swimming pools —One space per 100 square feet of pool surface area.
Tennis —Two spaces per court.
Residential, sinqle-family. Two spaces for each sinqle-family dwelling.
Residential, duplex/townhome. One and one-half spaces for each dwelling unit plus one visitor space per 5
required parking spaces
Residential, multifamily. One and one-half spaces for each dwelling unit plus one visitor space per 5
required parking spaces
Residential, mobile home. One and one-half spaces for each single-family_ dwelling.
Residential, commercial resort. One space per unit.
Residential, mobile home parks Two spaces per unit; one must be at lot site.
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or courts.
Restaurants (sit down). One and one-half spaces for each 100 square feet of gross floor area
(excluding food preparation area) including outside customer service areas.
Section 2. Severability. 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 3. Repeal of Laws in Conflict. All ordinances or parts of ordinances in conflict
herewith are hereby repealed to the extent of such conflict.
Section 4. Codification. The sections of the ordinance shall be codified within part of the
City Land Development Code and may be renumbered or re -lettered to accomplish such, and the
word "ordinance" may be changed to "section," "division," or any other appropriate word.
Section 5. Scrivener's Errors. Sections of this ordinance may be renumbered or re -lettered
and corrections of typographical errors which do not affect the intent may be authorized by the City
Manager, or the City Manager's designee, without need of public hearing, by filing a corrected or re -
codified copy of same with the City Clerk.
Section 6. Effective Date. This Ordinance shall become effective immediately upon its
adoption by the City Council.
The foregoing Ordinance was moved for adoption by Vice Mayor Nunn. The motion was seconded by
Mayor Jones and, upon being put to a vote, the vote was as follows:
Mayor Fred Jones
aye
Vice Mayor Christopher Nunn
aye
Council Member Kelly Dixon
aye
Council Member Ed Dodd
aye
Council Member Bob McPartlan
aye
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The Mayor thereupon declared this Ordinance duly passed and adopted this 21 st day of
November 2022.
CITY OF SEBASTIAN, FLORIDA
Fred ,zones MAYOR -
ATTEST: — -
!.u'l.�fe Gv.�t,4.r►�
ANETTE WILLIAMS, MMC
CITY CLERK Approved as to form and legality for - -
reliance b e C' o b ian only:
Y A R., ESQ.
CITY ATTORNEY
COS 9/13/2022