The City of Sebastian shall not approve a development order unless a finding is made that such development order conforms to all applicable appearance, design and compatibility regulations as established herein.

Concurrency is a finding that public facilities and services necessary to support a proposed development are available, or will be made available, concurrent with the impacts of the development. This article is intended to provide a systematic process for the review and evaluation of all proposed development for its impact on concurrency facilities and services, as required by the Local Government Comprehensive Planning and Land Development Regulations Act, Chapter 163, Part II, F.S., and Rule 9J-5.0055, Florida Administrative Code.

Facilities in Sebastian that are subject to these regulations include:

The purpose of this article is to ensure that development orders and permits are conditioned on the availability of concurrency facilities and services which meet adopted level of service requirements identified in this article. This article is also intended to describe the requirements and procedures for determining consistency of proposed development with the City of Sebastian's Comprehensive Plan.

All development applications shall demonstrate compliance with the City of Sebastian Comprehensive Plan as well as with all applicable provisions of the city land development regulations. Further, development applications shall demonstrate that specified concurrency facilities shall be available at prescribed levels of service concurrent with the impact of the development of those facilities.

All applications for final development orders shall be subject to concurrency review unless specifically exempted below. However, in no case shall a development order be issued for a minimum threshold project which would impact a concurrency facility for which a moratorium or deferral on development has been placed.

(a)

Projects below the minimum threshold. The following development shall be exempt from concurrency review:

(1)

Residential projects that entail structural alterations, including room additions to single-family structures—which do not change the land use;

(2)

Construction of residential or nonresidential accessory buildings and structures which do not create additional public facility demand.

(3)

Actions administered through development orders and other developments which do not increase demand on concurrency facilities, such as grading or land excavation or structural alterations which do not include a change of use and satisfy provisions of (1) and (2) above.

(b)

Vested projects. Projects that have valid final development orders or building permits prior to the effective date of this code, shall be considered to be vested and therefore exempt from concurrency management. This shall include the following:

(1)

Any project for which a valid building permit has been issued and has not expired; and

(2)

All vacant lots in single-family detached, single-family attached and two-family subdivisions which were lawfully platted in accordance with the city land development regulations and recorded prior to the effective date of this article; and

(3)

Approved developments of regional impact with a development order that has not expired; and

(4)

Any project that has obtained a determination of vested rights upon appeal to city council.

(c)

Redevelopment projects. Proposed redevelopment shall be credited for the existing demand on available capacity. If a redevelopment project generates demand in excess of the existing demand that it is replacing, a concurrency review shall be required; however, the concurrency review shall only address the amount by which the proposed demand generated exceeds the demand of existing development. The development plan for redevelopment must be submitted no more than one year after the prior use is discontinued in order to qualify for a concurrency credit. If the proposed redevelopment generates equal or less demand than the existing project, the applicant shall be given a concurrency credit enabling the applicant to reserve the unused capacity. Credit may only be used on development containing the parcel from which it originated or on a parcel contiguous to and under common ownership with the original parcel. The concurrency credit will expire within five years of the change or discontinuance of the use. The applicant's submission of an application for a demolition permit shall also initiate a concurrency review for the express purpose of issuing credits for redevelopment.

(d)

Public facilities. Public facilities necessary to ensure the protection of the health, safety and general welfare of the citizens of the City of Sebastian, including public schools (pre-kindergarten through 12th grade), shall be exempt from concurrency review. This shall include all public facility construction projects included in the city's capital improvements program required to meet any adopted level of service standard.

A final development order shall not be granted for a proposed development unless the city finds that adequate capacity for concurrency facilities exists at or above adopted level of service in order to accommodate the impacts of the proposed development, or that improvements necessary to bring concurrency facilities up to their adopted level of service will be in place concurrent with the impacts of the development.

(a)

Sanitary sewer, potable water, solid waste, and drainage. For sanitary sewer, potable water, solid waste, and drainage facilities, the city shall find that the following criteria have been met in order for a proposed development to be found in compliance with concurrency management requirements:

(1)

A final development order is issued subject to the condition that, at the time of the issuance of a certificate of occupancy or its functional equivalent, the necessary facilities and services are in place and available to serve the new development; or

(2)

At the time the final development order is issued, the necessary facilities and services are guaranteed in an enforceable development agreement, pursuant to section 163.3220, F.S., or an agreement or development order issued pursuant to chapter 380, F.S., to be in place and available to serve new development at the time of the issuance of a certificate of occupancy.

(b)

Parks and recreations. For parks and recreation facilities, at a minimum, the city shall find that the following criteria have been met in order for a proposed development to be found in compliance with concurrency management requirements:

(1)

At the time the final development order is issued, the necessary facilities and services are in place or under actual construction; or

(2)

A final development order is issued subject to the condition that, at the time of the issuance of a certificate of occupancy, the acreage for the necessary facilities and services to serve the new development is dedicated or acquired by the city, or funds in the amount of the developer's fair share are committed; and

a.

A final development order is issued subject to the conditions that the necessary facilities and services needed to serve the new development are scheduled to be in place or under actual construction not more than one year after issuance of a certificate of occupancy as provided in the city's adopted five-year capital improvements program; or

b.

At the time the final development order is issued, the necessary facilities and services are the subject of a binding executed agreement which requires the necessary facilities and services to serve the new development to be in place or under actual construction not more than one year after issuance of a certificate of occupancy; or

c.

At the time the final development order is issued, the necessary facilities and services are guaranteed in an enforceable development agreement, pursuant to section 163.3220, F.S., or an agreement or development order issued pursuant to chapter 380, F.S., to be in place or under actual construction not more than one year after issuance of a certificate of occupancy.

(c)

Transportation facilities. For transportation facilities, the city shall find that the following criteria have been met in order for a proposed development to be found in compliance with concurrency management requirements:

(1)

At the time the final development order is issued, the necessary facilities and services are in place or under actual construction; or

(2)

A final development order is issued subject to the conditions that the necessary facilities and services needed to serve the new development are scheduled to be in place or under actual construction not more than three years after issuance of a certificate of occupancy as provided in the city's adopted five year capital improvements program. The capital improvement program may recognize and include transportation projects included in the first three years of the adopted Florida Department of Transportation Five-Year Work Program. The capital improvements element must include the following policies:

a.

The estimated date of commencement of actual construction and the estimated date of project completion.

b.

A provision that a plan amendment is required to eliminate, defer, or delay construction of any road or mass transit facility or service which is needed to maintain the adopted level of service standard and which is listed in the five year capital improvements program;

(3)

At the time the final development order is issued, the necessary facilities and services are the subject of a binding executed agreement which requires the necessary facilities and services to serve the new development to be in place or under actual construction not more than three years after issuance of a certificate of occupancy; or

(4)

At the time the final development order is issued, the necessary facilities and services are guaranteed in an enforceable development agreement, pursuant to section 163.3220 F.S., or an agreement or development order issued pursuant to chapter 380, F.S., to be in place or under actual construction not more than three years after issuance of a certificate of occupancy.

(d)

School concurrency. For all school concurrency, the city incorporates by reference the Indian River County Inter-local Agreement for Coordinated Planning and School Concurrency, March 1, 2008. The city is bound by the relevant provision of the school concurrency ordinance adopted by the county and any cooperative agreement it may enter hereto forth, and shall find that the proposed development is in compliance with concurrency management requirements at the time the final development order is issued.

(Ord. No. O-22-02, § 1, 4-13-2022)

The planning and growth management director shall be responsible for concurrency reviews as required by this article. The planning and growth management director in conjunction with other city staff shall determine whether adequate capacities for concurrency facilities are available to satisfy the demands of each proposed development.

(a)

Application for concurrency review. Concurrency review shall be initiated upon submission and acceptance of an application for a site plan approval, preliminary subdivision plat, or a building permit, whichever first occurs. At the request of the applicant and pursuant to payment of a concurrency review fee as may be established by resolution of the city council, the planning and growth management director in concert with the staff shall render concurrency findings.

(b)

Project impact assessment. The planning and growth management department shall use the best available information to establish and evaluate existing capacities for concurrency facilities. The applicant shall be responsible for supplying the anticipated land uses, densities and/or intensities, of a proposed development and the anticipated date of completion of proposed development. The planning and growth management department shall assess the anticipated impacts of the proposed development on concurrency facilities.

(c)

Project phasing/timing of improvements. Concurrency facilities associated with a phased development may also be phased. However, all concurrency facilities necessary to accommodate the impacts of each phase must be available or a schedule for the acquired improvements must be approved prior to the issuance of a final development order. The schedule of facility improvements shall ensure that all facility improvements necessary to accommodate the impacts of the development (or portion thereof) for which a certificate of occupancy has been applied, shall be in place prior to the issuance of the certificate. Under no circumstances shall the final certificate of occupancy be issued for a project unless all required facility improvements required by the development order or development agreement have been completed.

(d)

Development agreements. If the minimum requirements for concurrency cannot be met, concurrency may be achieved by guaranteeing necessary facility improvements in an enforceable development agreement. Said development agreement may include guarantees to construct required facility improvements or to provide funds equivalent to the cost of providing such facility improvements.

(e)

Concurrency review determination. Upon the conclusion of the concurrency review, the planning and growth management director shall prepare a written determination concerning the proposed development. This determination shall address, but is not limited to:

(1)

The anticipated public facility impacts of the proposed development;

(2)

The ability of existing facilities to accommodate the proposed development at the adopted level of service standards;

(3)

Any existing facility deficiencies that will need to be corrected prior to the completion of the proposed development;

(4)

The facility improvements or additions necessary to accommodate the impact of the proposed development at the adopted level of service standards and the entities responsible for the design and installation of all required facility improvements or additions; and

(5)

The date such facility improvements or additions will need to be completed to be concurrent with the impacts on such facilities created by the proposed development.

(f)

Concurrency compliance. In the event that the city's concurrency review determines that the application is supported by sufficient concurrency facility capacity, the planning and growth management department shall issue a concurrency certificate. The concurrency certificate shall identify the anticipated impacts of the proposed development, existing facility capacity, and certification from the facility providers that capacity exists. The duration of the concurrency certificate shall be based on the time frame of the site plan, preliminary subdivision plat, or building permit.

(g)

Concurrency denials. In the event that the city's concurrency review reveals that the proposed development would generate public facility impacts beyond that which can be absorbed by available capacity, the city shall determine whether there is a financial or other legally binding commitment to ensure that public facilities necessary to correct the anticipated deficiency will be in place concurrent with the impacts of the proposed development. If the city and/or a developer are unable to provide such assurances, the project shall be denied.

(h)

Concurrency resolution. If the planning and growth management department determines that an application for concurrency review cannot be supported by sufficient concurrency facility capacity, the applicant may file an application for concurrency resolution and pay the requisite filing fee as shall be established by resolution of the city council. The purpose for the concurrency resolution process shall be to enable an applicant to negotiate a development agreement that identifies terms for resolving the capacity deficiency. The development agreement shall be consistent with section 163.3220, F.S., and applicable city ordinances.

If the applicant successfully resolves capacity deficiencies, the applicant may reserve capacity pursuant to the terms of the development agreement. If the issues cannot be resolved, the application shall be deemed to be denied and, at any time, the applicant may resubmit the concurrency review application to the planning and growth management department.

(a)

Reservation of capacity. Following receipt of an approved final development order, the capacity demand of the approved development shall be considered to be reserved. The time frame of the concurrency reservation shall be based on the time frame of the building permit or development agreement. If the time frame of the final development order and/or the development agreement lapses, the available capacity assigned to the development order shall be returned to the available capacity pool.

(b)

First-come-first-served. Capacity shall be reserved on a first-come-first-served basis. Such reservation shall be valid only for the specific final development order and for the specified land uses, densities, intensities, construction and improvement schedules contained in the approved final development order. Reservation of capacity runs with the land and is transferable to a successor in ownership. Reservation of capacity for concurrency shall expire if the underlying final development order or development agreement expires or is revoked. The final development order shall state the terms of the concurrency reservation, including the allocation of available capacity, the time frame for the allocation, and other appropriate legal assurances.

(c)

Project deferrals/development moratoriums. If at any time the city's inventory of the capacity of concurrency facilities indicates that concurrency facilities have dropped below its adopted level of service standard, the city shall cease to issue development orders for projects which would impact the deficient facilities or the area impacted by the deficient concurrency facilities, as defined within this ordinance. Such a suspension or moratorium on the issuance of development orders shall continue until such time as the adopted level of service standard is re-established, the comprehensive plan is amended to reflect an acceptable level of service standard for the facilities in question, or alternative arrangements are made to ensure capacity will be available, consistent with section 54-3-9.5(e)(1) through (5).

Level of service standards for those public facilities for which concurrency is required are set forth below:

Recreation:

Solid Waste: 7.52 pounds per day per capita

Roads:

*The peak hours shall be the 30th highest hour established by FDOT.

Prior to issuing a development order the city shall review all proposed development to ensure consistency with adopted LOS standards. No development shall be approved that is projected to decrease the existing LOS below the adopted standard, unless those are mitigated by the developer.

(Ord. No. O-22-02, § 1, 4-13-2022)

(a)

Roads. In determining demand for available capacity for roads, the following criteria shall be used:

(1)

Residential development. For proposed residential development (except within planned developments), the following trip generation rates shall be used to calculate the impact of the proposed development:

(2)

Nonresidential development and mixed-use planned redevelopment and development (PRD). For all other development categories allowed within the future land use element, the impacts of development shall be measured by utilizing the average peak trip generation rate associated with the land use designation in which the proposed development shall occur, using the most recent published edition of the Institute of Traffic Engineers' Trip Generation Manual. Internal capture rates may be considered in determining traffic volumes for mixed use developments; however, the applicant shall bear the burden of demonstrating any internal capture rates of the total nonresidential trips.

(3)

Other methods and procedures. If the preliminary level of service information indicates a deficiency in capacity based on adopted level of service standards (reference section 54-3-9.7 for adopted level of service standards for roads), the developer may at his option, prepare a more detailed alternative Highway Capacity Analysis as described in the Highway Capacity Manual (Special Report 209, Transportation Research Board, National Research Council, 1985); or conduct a travel time and delay study following professional standards and procedures contained in the Florida Department of Transportation, Traffic Engineering Office in its Manual for Uniform Traffic Studies.

If the alternative methodology, after review and acceptance by the planning and growth management director, indicates no deficiency in the capacity based on the adopted level of service standard, notwithstanding that the comprehensive plan indicates a deficiency in capacity based on the adopted level of service standard, the results of the alternative methodology will be used. However, the city shall, at its discretion, reserve the option to have the methodology reviewed by a professional transportation engineer or transportation planner prior to accepting the methodology. The cost for such review shall be borne by the applicant.

a.

Required traffic analysis. For all new developments which are required to follow the site plan review process, the applicant/developer shall be required to submit a traffic analysis which identifies the development's impact on the city's transportation system. The planning and growth management director may also require the submission of a traffic analysis for developments if the site location, anticipated total trip generation, circulation patterns or other such factors warrant a more extensive review of traffic impacts.

b.

Traffic analysis methodology. The impact area for the traffic analysis shall include adjacent and connected roadway segments as determined by the planning and growth management director. The applicant may apply alternative trip allocations together with a statement of trip allocation methodology consistent with professional standards established in one or more of the following documents:

•

Highway Capacity Manual, Special Report 209, Transportation Research Board, National Research Council, 1985.

•

Florida Highway System Plan, "Traffic Analysis Procedures," Florida Department of Transportation, Bureau of Multi-Modal Systems Planning, 1987.

•

Florida Highway System Plan, "Level of Service Standards and Guidelines Manual," Florida Department of Transportation.

•

Trip Generation, Institute of Transportation Engineers (latest edition).

•

Transportation and Land Development, Stover, Virgil G., Institute of Transportation Engineers, 1988.

c.

Traffic analysis requirements. The traffic analysis shall include the following:

1.

Total projected average weekday trips for the proposed development.

•

Pass-by capture rate (commercial land uses only);

•

Internal capture rate (planned development only);

•

Peak external trips based on ITE Trip Generation Manual, 5th (or most recent) Edition; and

•

Peak hour directional projected vehicle trips on all segments of the arterial and collector street system, which are adjacent to the development project or as determined necessary by the planner.

2.

Design capacity of the accessed road(s).

3.

Analysis of traffic distribution on the road network including all links impacted by more than ten percent of projected traffic. The trip distribution shall be consistent with the "presets" contained in the approved trip generation model. The planning and growth management director shall determine the approved trip generation model.

4.

Necessary operational improvements to the city, county, or state maintained transportation system in order to maintain the adopted level of service for the roadway.

5.

Other related information as required by the city.

6.

Justification, including appropriate references, for the use of any trip generation rates, adjustment factors or traffic assignment methods not previously approved by the city.

7.

The latest edition of the Institute of Transportation Engineers (ITE) Trip Generation manual shall be used to calculate these estimates. Adjustments to these estimates may be made, based on special trip generation information supplied by the applicant.

(b)

Other facilities. The level of service standards for all concurrency facilities are listed in section 54-3-9.7. The applicant shall provide the planning and growth management director with the information required to apply the adopted level of service standard as cited below. The demand on concurrency facilities generated by the applicant's development shall be determined as cited below.

(1)

Solid waste. The demand for solid waste collection and disposal capacity shall be determined by multiplying the total number of persons served times 7.52 pounds.

(2)

Potable water. The demand for potable water capacity shall be determined by multiplying the total number of equivalent residential units served times 250 gallons.

(3)

Sanitary sewer. The demand for sanitary sewer capacity shall be determined by multiplying the total number of equivalent residential units served times 250 gallons.

(4)

Drainage. The applicant shall provide evidence demonstrating that the proposed project shall meet the LOS established in section 54-3-9.7 for drainage facilities.

(5)

Recreation area. The demand for recreation area shall be determined by multiplying the city's recreation area level of service standard (4.0 acres per 1,000 population or.0040 acre multiplied by each person served by the development).

(Ord. No. O-22-02, § 1, 4-13-2022)

For purposes of these regulations, the available capacity of a facility shall be determined by adding the cumulative total supply for each public facility component as cited in Step 1 and subtracting cumulative total demand for each infrastructure component as cited in Step 2.

(a)

Step 1: Add the indicators of available facility capacity:

(1)

Capacity of existing facility. The total capacity of existing facilities operating at the required level of service; and

(2)

Capacity of committed potable water, sewer, solid waste and drainage. The total capacity of committed new facilities, if any, that will become available on or before the date a certificate of occupancy is issued for the development. The capacity of concurrency facilities may be counted and deemed concurrent only if the following standards are met:

a.

For potable water, sewer, solid waste and drainage: The standards identified in article XII shall be met.

b.

For parks and recreation facilities: In order to ensure adequate geographic distribution of parks and provision of amenities and facilities in existing and planned city parks and prevent degradation in the LOS, the land dedication requirements of section 54-4-19.11 shall be adhered to and a dedication or fee-in-lieu contributions made by all new residential development without regard to existing or committed capacity.

c.

For roads: The standards identified in section 54-3-9.7 shall be met.

(b)

Step 2: Subtract the committed capacity:

(1)

Existing demand based on existing development. The demand for services or facilities created by existing development as provided by the city.

(2)

Demand to be generated by vested development, valid capacity reservation certificates, and valid certificates of concurrency. The demand for the service or facility created by the anticipated completion of other vested and/or approved developments.

(Ord. No. O-22-02, § 1, 4-13-2022)

The comprehensive plan together with the land development regulations, including size and dimension regulations, general provisions, performance criteria, and the list of permitted and conditional uses, off-street parking, landscaping, required open spaces, yards and building setbacks shall collectively be the principal guides in determining the location and character of the proposed use.

Within all zoning districts within the City of Sebastian, the appearance of site and structures shall be coordinated for the purpose of creating a pleasing and harmonious overall environment. The choice of building materials, plant materials, lighting and other building and site improvements shall be commensurate with the objectives of the subject use and consider the impact on surrounding properties or transportation corridors. Evaluation of the appearance of a project shall also consider the following:

(a)

Location and screening of mechanical equipment, utility hardware and waste storage areas. Mechanical equipment or other utility hardware other than antennas and stacks on roofs shall be harmonious with the building or they shall be located and/or screened so as not to be visible from any public ways within the impacted area, except within the industrial district(s). Similarly, refuse and waste storage areas shall be screened from adjacent properties and public ways by appropriate fences, walls or hedges.

(b)

Location and screening of solid waste container. In cases where dumpsters must be located in areas highly visible from any public right-of-way, the planning and zoning commission shall be authorized to require additional vegetative or structure screening to shield an unsightly condition.

(1)

Refuse container location requirements. No front end loaded refuse container shall be located in any required parking space or vehicular use area, or in any required bufferyard or landscaping area.

a.

Service access. Refuse container sites shall be provided which allow refuse vehicle service access without manually moving the container(s) of service. Fifty feet of clear backup as measured perpendicular from the screen areas shall be provided from the face of the refuse containers' screening unless otherwise approved by the growth management director, who shall find that the reduction is necessary to provide property rights enjoyed by others in the same zoning district, and will not be detrimental to public health, safety, and welfare. No encroachment into this area by parking spaces, sidewalks or landscape areas shall be allowed.

b.

Siting obstructions. No refuse container shall be sited below obstructing wires or obstruct any electrical service equipment, fire protection equipment, any roof overhangs, or sited adjacent to any other obstruction to the container dumping process.

c.

Refuse container screening requirements. Refuse containers shall be opaquely screened from view from public streets and adjacent properties, to a height of at least six feet, or six inches higher than the height of the container (whichever is higher). This screening may be achieved by walls, landscaping or buffer yards, or by virtue of the location of the container on the building site.

(c)

Utility lines. In new construction, all utility lines shall be placed underground. All telephone lines shall be placed underground. Service lateral electrical distribution lines serving individual installations shall be placed underground. Other high voltage electrical lines may be placed underground or on poles provided that the poles are within the street right-of-way and have provisions for street lighting. Large transformers shall be placed on the ground and be mounted on pads and contained within enclosures or vaults. Where enclosures or vaults are used, the construction and design shall be compatible with primary building design. Landscaping with shrubs and plants shall be provided to screen pad mounted transformers.

(d)

Commercial and manufacturing activities conducted in enclosed buildings. All businesses, services or manufacturing or processing shall be conducted within completely enclosed buildings. Outside storage and display areas are permitted subject to the following:

(1)

The outside storage and display area is shown on the site plan.

(2)

The outside storage and display area is not located on required parking areas. Temporary, short-term storage and display is permitted in parking areas when permitted by a special events temporary use permit.

(3)

No outdoor storage and display area shall be located except on the parcel where the principal use is located. In no event shall items be stored or displayed on the adjoining public sidewalk and/or public right-of-way.

(4)

The outdoor storage and display area shall not be located in a required visibility triangle as required by section 54-2-7.10.

(5)

The outside storage and display area shall be kept clean and free of debris to prevent the blowing of trash and litter.

(e)

Exterior lighting. Exterior lighting shall be provided and shall be so arranged as to shield or deflect the light from adjoining properties and public streets.

(f)

Signs. Signs shall be required to be harmonious with the urban design theme of the project and shall be aesthetically pleasing and emphasize good principles and practices of streetscape design.

(g)

Pedestrian sidewalks. Sidewalks shall be constructed along all collector and arterial streets in order to link major activity centers and shall also link vehicle use areas including parking areas with all principal buildings. The pedestrian circulation system shall include marked pedestrian crossings in order to separate vehicular and pedestrian traffic.

(h)

Loading docks. Loading docks shall comply with provisions in section 54-3-10.9. When required, they shall be located at the side or rear of the principal structure being served. Similarly, parking for trucks and all other company owned or controlled vehicles shall be located at the rear of the principal structure. Provisions for locating loading docks may be modified by the growth management director only if the size and shape of the property is insufficient or inadequate to reasonably accommodate the size and dimension criteria herein stated.

(a)

Applicability. Work within the city rights-of-way and easements shall require prior approval from the city engineer.

(1)

Permits for right-of-way construction and/or easement use from the city are required prior to any work, including, but not limited to:

a.

Driveways.

b.

Culvert pipes.

c.

All utility installations, overhead or underground, but not limited to sanitary sewer, water lines, electric conductors, conduit, cable TV, or fiber optics.

d.

Construction site and/or material storage.

e.

Sprinklers.

f.

Pool installation.

g.

Pavement construction or repair (see section 90, article II of Code of Ordinances).

h.

Trees and landscape.

i.

Mail boxes-concrete, brick, large, etc.

j.

Signs.

k.

Placement of any item which may be construed as a hazard.

(2)

Permit application shall be filed with the city engineering department and accompanied by the requisite fee. The application shall include a survey, which accurately depicts the type, location, and dimensions of the proposed work or activity. Free-hand sketches will not be accepted for construction activities.

(3)

Permits are valid for one year.

(4)

Work by city forces on city property is exempt from permitting.

(b)

Inspections:

(1)

The city engineering staff will perform inspections after receiving a 48-hour notice. The applicant will be required to remedy all findings resulting from the inspection.

(2)

Release of bonds or final approvals shall not occur until the city engineering staff has performed the final inspection.

(3)

All other inspections are on an as-needed basis as determined by the engineering department.

The city engineer and/or designated staff shall advise on matters related to this section:

(a)

Internal circulation system design and access/egress considerations. Driveways, curb cuts, aisles, bicycle ways, pedestrian ways, and areas for parking and internal circulation of vehicles, bicycles, and pedestrians shall be located, designed and controlled so as to provide for safe and convenient circulation within the site and safe and convenient access from and onto adjoining streets. The city engineer shall review such design considerations based on standard traffic engineering principles and practices and such specifications as may be adopted by resolution of the city council. Requirements of article XV shall be applied for off-street parking.

Among factors to be considered shall be the need for acceleration and deceleration lanes; the number, location and size of curb cuts, access drives, bicycle ways and pedestrian ways from adjacent streets, bicycle ways and pedestrian ways together with any special markings necessary to avoid conflict among vehicles, bicycles, and pedestrians; the location and design of driveways, access aisles, and bicycle ways to parking spaces; the arrangement, delineation and marking for parking areas; and the means of access to buildings for fire-fighting apparatus and other emergency vehicles.

(b)

Separation of vehicles, bicycles and pedestrians. Parking areas and driveways shall be clearly identified and separated from principal pedestrian routes and recreation areas by curbs, pavement markings, planting areas, fences or similar features designed to promote pedestrian safety.

(c)

Driveway and curb-cut approvals. The city shall require that the proposed location of driveways and curb-cuts be coordinated with utility companies responsible for providing utility services in order to ensure that proposed construction activities are consistent with improvement plans as well as operation and maintenance activities and policies of utility service providers. No development plan or building permit shall be issued until proof of such coordination is presented to the city by the applicant/developer. In addition, the applicant/developer submitting plans for driveway and curb-cut improvements shall comply with applicable surface water management regulations of article XII and driveway design standards established by this article.

(d)

Traffic impact studies. Traffic impact studies shall be performed in accordance with article XVIII, Site Plans.

(a)

City approval required. The construction of all drainage facilities for new or existing driveways or other elements of the circulation system potentially impacting traffic and drainage on any city maintained public road shall be approved by the city engineer prior to commencement of construction or excavation activity. The application shall be accompanied by a nonrefundable fee.

A permit must be obtained from the city engineer after paying the established fee in order to change, modify, construct, reconstruct, or repair any drainpipe under a driveway, or any other structure or landfill accessory to any driveway, if any such structure or landfill might adversely affect drainage of any drainage swale. This fee shall not be required for any driveway in existence on the effective date of this section. No drainage in conjunction with a driveway other than the properly sized pipe will be permitted.

(b)

General design criteria.

(1)

Primary driveways are required to be surfaced with asphalt topping or concrete, and culverts shall be designed to meet accepted engineering standards. The city engineer shall apply best management principles and practices in implementing the provisions of this section. The city engineering department can approve alternative surfacing materials after thorough review of the product specifications determines that the proposed material satisfies the intent of this ordinance. If removed in conjunction with any approved city right-of-way work, replacement of alternative materials will be the responsibility of the owner;

(2)

New driveways and/or improvements to existing driveways and other elements of the circulation system shall provide adequate drainage, swales, ditches or similar stormwater channels; and

(3)

Any swale, drainage ditch or other drainageway shall be sloped and contoured to properly direct the surface water to the drainage ditches or swales. Swales in the front of the lot shall also be shaped to discourage ponding of water therein. Where any culvert pipe is laid under a driveway or similar installation, the final grade of the fill with sod overlay shall be at least two inches below the invert of the ends of the pipe so that the sod does not obstruct the flow of water from the pipe.

(c)

Single-family and duplex lots. Notwithstanding anything in this section to the contrary, single-family and duplex lots that are less than 20,000 square feet in area shall not exceed the following criteria for driveway widths within a city, county or state right-of-way:

(1)

Single drive. The pavement width shall be a minimum of ten feet wide and not exceed 24 feet with a ten-foot radius.

(2)

Circular or dual drives. In lieu of a single drive, a circular or dual driveway may be permitted, provided that the maximum width shall not exceed 16 feet. In addition, there shall be a minimum separation of 30 feet between the driveways.

(3)

Notwithstanding anything in this section to the contrary, single-family and duplex lots that are at least 20,000 square feet in area shall be permitted an additional driveway, not to exceed 16 feet in width with a minimum separation of 30 feet from any other existing driveway(s) on the same lot.

(4)

One auxiliary driveway may be permitted per lot and shall be a minimum of eight feet and maximum of 16 feet in width and maintain a minimum 30 feet separation from other drives and shall not be located in any side yard easement.

(d)

Commercial sites. The following criteria shall apply to all multifamily and commercial sites:

(1)

All uses which are required to provide off-street parking spaces shall have entry and exit ways and drives at least 22 feet in width to accommodate two-way traffic, unless a one-way traffic system is utilized, in which case entry and exit ways and drives shall be at least 12 feet in width. In the event that a one-way traffic system is utilized, appropriate traffic direction markers shall be installed.

(2)

There shall be no more than two driveways for each 200 feet of street frontage on any lot and the maximum combined width of driveways shall not exceed 60 feet.

(3)

Vehicular circulation must be completely contained within the property and vehicles located within one portion of the site must have access to all other portions of the site without using the adjacent street system except for lots abutting a public alley.

(4)

Site plans shall demonstrate that proper consideration has been given to the surrounding streets, traffic volumes, proposed street improvements, vehicular street capacities, pedestrian movements, and safety.

(e)

Minimum standards for construction of driveways. Minimum standards for the construction, alteration or repair of driveways shall be as follows:

(1)

No driveways shall be placed within 30 feet of an intersection, such 30 feet being measured from the right-of-way lines of the intersection, unless plans for the construction, alteration, or repair of such driveways are approved by the city engineer.

(2)

Driveways on state roads:

a.

No driveways shall be constructed on a state road unless the applicant shall have first obtained a permit from the State Department of Transportation and submitted such permit to the city engineer.

b.

The minimum standards shall be the minimum standards established by the State Department of Transportation.

(3)

Driveways on non-state roads where curb and gutter are in existence:

a.

Applicant shall maintain existing drainage and gutter.

b.

Applicant shall meet sidewalk grade if existing.

c.

Applicant shall rebuild curbing, of like construction of existing curb, as per city standard design.

(4)

Driveways on non-state roads where curb and gutter are not in existence.

a.

Applicant shall maintain drainage in swale ditch. Side slopes shall not exceed three to one.

b.

Applicant shall furnish a culvert pipe for drainage as specified by the city engineer. Applicant shall provide a mitered end on both sides of the pipe as per city standard design. The pipe shall be installed under the driveway at the proper elevation and set back as established by the approved drainage plans, this Code, and/or established by the city engineer.

c.

Minimum radius on all commercial driveways shall be 25 feet.

(5)

Commercial driveways shall be constructed with concrete or asphalt and shall satisfy all applicable regulations as established in article XIX, Subdivisions.

(6)

Driveways shall not block or unreasonably obstruct the natural flow of water or drainage of water by any means, including construction, excavation, or fill of land. Any structure, driveway, pipe, excavation, or fill of land in violation of this section shall be brought into compliance with this section at the owner's expense. Owners shall keep drainpipes and swales clear and mowed.

(7)

All residential driveway construction shall be on 95% compacted fill, four inches thick, 3,000 psi concrete. The concrete shall be reinforced with 6 × 6 #10 gauge wire or fiber mesh concrete.

(f)

Drains under driveways for swale ditches.

(1)

All driveways over a swale ditch shall be provided with a swale drainage pipe. The pipe size depends on the location within the drainage basin and shall be determined by city engineer. The pipe shall be constructed of corrugated aluminum, high-density polyethylene or reinforced concrete pipe. The culvert pipe length is determined by the city engineer and is based upon sufficient length to provide a three to one sloped mitered end headwall on each end of the pipe.

(g)

Inspections. The following inspections are required by the engineering department.

(1)

Line and grade.

(2)

Pipe inspection (pre-pour) and driveway.

(3)

Final inspection.

(4)

Location of driveways shall satisfy all established design standards.

(5)

Reclamation: It shall be the responsibility of the permit holder to make proper repairs of all negligent damage to road pavement, swales, or adjacent properties prior to issuance of final approvals. Repairs shall be made in accordance with standard details in the engineering department.

No final inspection or bond release will be approved until all re-inspection fees have been paid. No permanent power hookups or certificate of occupancy shall be issued by the building department until the appropriate release is obtained from the engineering department.

(h)

Maintenance not an obligation of city. The issuance of a permit under this article does not constitute any obligation on the city to maintain driveways. Additionally, the city will not be responsible for maintenance of alternative surfacing or architectural materials/features of driveways.

(i)

Bonds. When a certificate of occupancy is desired prior to completion of work, a cash bond may be required by the engineering department to cover any uncompleted work in right-of-way or easement.

The bond shall allow six months for completion at which time the engineering department will inspect and release bond if work was performed satisfactorily.

If the builder fails to complete work within the prescribed period, the bond will be used to cover the cost to complete the work.

(a)

General design standards.

(1)

Parking in yards. Unenclosed parking spaces may be located within a required yard. Carports and covered parking shall not be located within the required setbacks.

(2)

Landscaping. All parking areas other than for single-family homes and duplexes shall conform to the landscape requirements of this Code as exists, or as may hereinafter be amended.

(3)

No backing into a public street; exceptions. Each parking stall for all parking areas other than for single-family homes, duplexes, and city designated areas approved for parking in public rights-of-way shall be accessible from an aisle or driveway and designed so that no automobile shall back into a public street in order to exit a parking stall. The internal design of the parking lot shall be designed to facilitate vehicular circulation and avoid conflict between pedestrian and vehicular movements.

(4)

Separation from doorways or pedestrian entrances. No door or pedestrian entrance at ground level shall open directly upon any parking space, driveway or access aisle unless the doorway or pedestrian entrance is at least four feet from said parking space, driveway or access aisle.

(5)

Drainage. All off-street parking facilities shall be suitably sloped and drained so as not to cause any discharge of runoff to adjacent or public property. Stalls, aisles and driveways. The following criteria is applicable to all parking spaces except single-family and duplex homes:

All parking spaces, aisles and driveways shall substantially conform to the indicated design.

(c)

Striping. All paved parking spaces shall have lines between spaces, at least four inches in width, of a contrasting color to the pavement or, unpaved surface and each stall may be required to be equipped with wheelstops if deemed appropriate by the city engineer and the planning and zoning commission.

(d)

Lighting. Parking areas shall be lighted and entrances at public streets shall provide private area lighting.

(e)

Wheelstops. Wheelstops shall comply with the following standards:

(1)

Standard precast concrete wheelstops or other types as approved by the city for stalls adjacent to landscaped strips shall be located two and one-half feet from the front end of the stall to prevent encroachment into required landscaped areas. The front two feet of the stall may be kept as a maintained grass strip although no credit will be extended toward the open space requirements of this Code.

(2)

Standard precast concrete wheelstops or other types as approved by the city for stalls not adjacent to landscaped strips shall be located two and one-half feet from the front end of the stall. The front three feet of the stall may be kept as a maintained grass strip although no credit will be extended toward the open space requirements of this Code.

(3)

All wheelstops shall be permanently anchored.

(f)

Compact spaces. Parking lots with 20 or more spaces may be comprised of a maximum of 15% compact parking stalls but only if approved by the planning and zoning commission. Such compact car stalls shall be seven and one-half feet wide by 15 feet long and marked for use by small vehicles. All markings shall be on the pavement surface where possible.

(g)

Handicapped spaces. Handicapped parking spaces accessible to disabled persons shall be provided in accordance with this Code, and as may be applicable, the Americans with Disabilities Act, and other federal and state laws and regulations. All publicly maintained and operated parking facilities intended for public use, and all businesses, firms or other persons licensed to do business with the public shall provide non-porous parking spaces for the handicapped as set forth below:

Refer to the Standard Building Code for exceptions.

Such parking spaces shall be designed and located as follows:

(1)

All spaces shall have access to a curbramp or curbcut, when necessary, to allow access to the building served, and shall be located so that users will not be compelled to wheel behind parked vehicles.

(2)

Diagonal or perpendicular parking spaces shall be a minimum of 12 feet wide with a five-foot wide designated loading zone.

(3)

Parallel parking spaces shall be located either at the beginning or end of a block or adjacent to alley entrances. Curbs adjacent to such spaces shall be of a height which will not interfere with the opening and closing of motor vehicle doors.

(4)

Each such parking space shall be prominently outlined with blue paint and posted and marked with a permanent sign and markings of a color and design approved by the Florida Department of Transportation, bearing the internationally accepted wheelchair symbol and the caption "PARKING BY DISABLED PERMIT ONLY".

(h)

Queuing spaces. In addition to other parking requirements for a principal use, stacking spaces shall be provided for drive-up windows in compliance with the following minimum specifications:

(1)

Spaces. Number of spaces required including receiving or service window space: Six stacking spaces per drive-up window. Where this requirement is demonstrated by the applicant to be inconsistent with the traffic generating characteristics of a specific use, the applicant may request that the standard be modified by the planning and zoning commission. The planning and zoning commission may approve a reduction in the required waiting spaces for such use provided the applicant demonstrates that the intended use generates a low volume of drive-up traffic and does not require the standard six stacking spaces. The commission shall consider the nature of the use, its intensity, size, other parking facilities provided and other traffic generating characteristics.

(2)

On-site. The required queuing shall be located on site and shall not include any public right-of-way or accessways to the property. No vehicle may block other parking stalls, access aisles, driveway, or off-street parking

(3)

Length of spaces. Each space shall be a minimum of 20 feet in length.

(4)

Width of spaces. Each queuing lane shall be a minimum of ten feet in width. On curves with a radius of 25 feet or less, a minimum pavement width of 12 feet shall be provided. On curves with a radius of more than 25 feet, a minimum pavement width of ten feet shall be provided.

(5)

Vertical clearance. Minimum vertical clearance of 14 feet.

(6)

Surface. Surface requirements shall be the same as those specified for parking areas in section 54-3-10.10.

(7)

Parking. Queuing spaces may not be used to satisfy any off-street parking requirements or loading requirements of this Code.

(Ord. No. O-12-07, § 1, 9-26-2012)

(a)

Entries and exits.

(1)

All uses which are required to provide off-street parking spaces shall have entry and exit ways and drives at least 22 feet in width to accommodate two-way traffic, unless a one-way traffic system is utilized, in which case entry and exit ways and drives shall be at least 12 feet in width. In the event that a one-way traffic system is utilized, appropriate traffic direction markers shall be installed.

(2)

One driveway shall be permitted for ingress and egress purposes to any project.

(3)

The planning and zoning commission may either increase or reduce the following separation distances based upon a recommendation by the city engineer after an analysis of street frontage, trip generation, or other factors, as deemed appropriate has been performed.

(4)

A joint access driveway shall be considered as adequate access for any two adjacent parcels and shall be encouraged. For a project where more than one driveway is requested, the applicant shall submit a traffic report justifying the need, describing the internal circulation and parking system and identifying the impact of development of the project and its proposed access facilities on the operation of the street system.

(5)

Minimum spacing between two-way driveways fronting on the same side of a street shall conform to the table below. Distance between driveways shall be measured from centerline to centerline. These standards shall not apply to single-family dwellings and duplexes.

(6)

Driveways on opposite sides of any undivided street classified collector or arterial shall either be aligned on the same centerline or be offset a minimum of 200 feet measured from centerline to centerline, whenever geometrically possible, and shall provide for emergency vehicle access.

(7)

For projects proposing more than one two-way driveway, based upon parcel size, projected trip generation of the site, amount of roadway frontage, and other appropriate design considerations, additional driveways may be permitted if approved by the city engineer.

(8)

Vehicular circulation must be completely contained within the property and vehicles located within one portion of the site must have access to all other portions of the site without using the adjacent street system except for lots abutting a public alley.

(9)

Site plans shall illustrate that proper consideration has been given to the surrounding streets, traffic volumes, proposed street improvements, vehicular street capacities, pedestrian movements, and safety.

(10)

Driveways shall not be constructed in the radius return of an intersection. Driveways shall be located a minimum of 30 feet from intersecting right-of-way lines of local streets and 175/115* feet from intersecting right-of-way lines of all other streets of higher classification. Greater separation distances between driveways may be required by the city engineer.

(11)

Driveways or parking areas (other than shared access) shall not be installed within ten feet of adjoining property.

(12)

Driveways shall be constructed to meet the standards of section 54-3-10.5(e).

(13)

All drives and vehicular maneuvering areas shall be paved and contain traffic control signs and markings. All traffic controls, signage and pavement markings shall be designed and installed in accordance with the Manual of Uniform Traffic Control Devices (MUTCD). All such devices shall be continually maintained.

(b)

Corner clearance. All proposed developments which are determined to generate or attract 100 or more peak hour turning movements into the site shall be prohibited from establishing driveways at locations which are closer to an intersection than the distances established below. These dimensions may be modified by the city engineer on a case by case basis when warranted by circumstances unique to the particular development.

*Corner clearance distance depending on relationship to intersection; right turn movement towards intersection, 115 feet; left turn movement 175 feet.

(c)

Internal circulation system.

(1)

The internal circulation system, including drives and maneuvering areas, shall be designed to permit convenient maneuvering of cars and service vehicles into and out of each parking and loading space, and shall be arranged so that no vehicle need back onto a public right-of-way unless otherwise specifically approved by the city. No occupied parking or loading space shall interfere with access to any other parking or loading space, or with any pedestrian walkway.

(2)

Dead-end aisles are not permitted unless adequate turnarounds are provided.

(3)

No more than 15 spaces shall be permitted in a continuous row without being interrupted by a minimum landscape area of 180 square feet for single row, or 360 square feet for double row.

(Ord. No. O-12-07, § 1, 9-26-2012)

All parking areas shall be used for automobile parking only, with no sales, dead storage, non-emergency repair work, dismantling or servicing of any kind. Where lighting is provided, it shall be arranged to reflect away from residential areas and public ways.

(a)

Off-street loading requirements. Off-street loading spaces shall be provided and maintained in accordance with the following schedule:

(1)

Retail loading requirements. For buildings or structures containing retail, food store, restaurant, laundry, dry cleaning or similar retail or service uses which have an aggregate gross floor area of:

Over 5,000 square feet, but not over 25,000 square feet—One space;

Over 25,000 square feet, but not over 60,000 square feet—Two spaces;

Over 60,000 square feet, but not over 120,000 square feet—Three spaces;

Over 120,000 square feet, but not over 200,000 square feet—Four spaces;

Over 200,000 square feet, but not over 290,000 square feet—Five spaces; and

Over 290,000 square feet—Five spaces, plus one space for every additional 100,000 square feet or fraction thereof in excess of 290,000 square feet.

(2)

Public buildings, hotels, and office loading requirements. For each auditorium, exhibition hall, museum, hotel, or motel, office building, or similar use, which has a gross floor area of over 10,000 square feet, but not over 40,000 square feet, one space; plus one space for each additional 60,000 square feet over 40,000 square feet or fraction thereof.

(3)

Industrial loading requirements. For any light manufacturing, warehouse, research and development, assembly or similar industrial uses which has a gross floor area of:

Up to 15,000 square feet—One space;

Over 15,000 square feet but not over 40,000 square feet—Two spaces;

Over 40,000 square feet but not over 65,000 square feet—Three spaces;

Each additional 80,000 square feet over 65,000 square feet—One additional space.

(4)

Other loading requirements. For any use not specifically mentioned in this section, the requirements for off-street loading for a use which is mentioned and to which the unmentioned use is similar shall apply. Where there is any question as to the off-street loading needs of any other use, said number shall be determined and set by the planning and growth management director.

(5)

Restrictions. Off-street loading facilities to meet the needs of one use shall not be considered as meeting the off-street loading needs of any other use. No area supplied to meet the required off-street parking areas for a use shall be utilized for or be deemed to meet the requirements of this section for off-street loading facilities.

(6)

Joint use of loading areas. Nothing in this section shall prevent the collective, joint or combined provision of off-street loading facilities for two or more buildings or uses; provided, that such off-street loading facilities are equal in size and capacity to the combined requirements of the several buildings or uses and are so located and arranged as to be usable thereby. Plans for buildings or uses which require off-street loading facilities under the provisions of this section shall clearly indicate the location, dimensions, clearance and access of all such required off-street loading facilities.

(b)

Design requirements. Each space shall have a direct access to a public right-of-way and shall have the following minimum dimensions:

(1)

Length: 25 feet; a larger length upward to 35 feet may be required upon recommendation by the city engineer and approval of the planning and zoning commission.

(2)

Width: 12 feet.

(3)

Height: 14 feet.

For all nonresidential uses, surfacing of all off-street parking areas and drives shall be as follows:

(a)

Non-porous surfaces. All parking areas and approaches thereto shall require the minimum surfacing material as follows: Concrete; five inches, 3,000 psi reinforced concrete, over eight inches of sub-base at 98% compacted or a comparable material. Asphalt; one inch over six inches of 95% compacted material over eight inches sub-base at 98% compacted or a comparable material.

(b)

Porous surfaces. The use of porous parking surfaces suitable for use on specific sites within the city and so demonstrated by the land owner or his designated agent may be approved by the planning and zoning commission upon recommendation of the city engineer, as an alternative to the surface requirements of subsection 54-3-10.10(a). Paved handicapped parking shall be provided at all sites where it is required. The consideration, approval and use of porous paving shall be limited to places of worship, historical structures, public recreation facilities, and establishments which do not have parking needs on a daily basis:

(1)

Application requirements and supportive information. In addition to other requirements of this chapter, the application for site plan approval which incorporates the use of porous parking or loading surfaces shall include the following information and/or requirements which shall be certified by a Florida registered engineer:

a.

A cross-section of the structural section to be used on the parking area certified as appropriate based on natural characteristics of the site, traffic generating characteristics and load bearing requirements of the proposed use, anticipated surface water run-off, and durability and porosity of proposed surface.

b.

Detailed drainage plan.

c.

Percolation tests in appropriate areas of the site to describe any varied soil permeability conditions present on-site.

d.

Estimated location of the groundwater table during wettest season.

e.

Description of existing soils on parking area to a depth of five feet below the bottom of the structural section or to the water table.

f.

Description of the traffic generating characteristics of the site including frequency of use, turnover, type of vehicles using surface and anticipated load bearing requirements in pounds per square inch.

g.

Test profile of proposed construction material including soil density, stability of materials and water absorption. The load bearing capacity of the proposed improved surface shall not be less than 50 pounds per square inch Florida bearing capacity or its equivalent for a depth of not less than eight inches.

h.

Maintenance program shall be submitted as a written statement and shall be directed toward achieving and maintaining orderly and neat appearance of grassed areas in perpetuity. Such program shall legally bind the applicant and successors in ownership to the continued maintenance of such areas including replacement of dead or unsightly sod or other plant material as well as the repair of surface damage or clogging of subsurface base. This legal instrument shall be submitted in a form which shall be approved by the city attorney prior to receipt of any city approval of the project.

i.

Other information as may be required by the planning and zoning commission.

(2)

Surface types. Porous surfaces shall be of the following types as provided by the planning and zoning commission.

a.

Commercially marketed porous paving blocks may be approved by the planning and zoning commission following favorable recommendation by the city engineer.

b.

For places of worship or other land uses generating highly infrequent traffic, as determined by the city engineer, sod may be placed on a stable sub-grade for the required parking spaces (driveways and vehicular access ways shall be paved), upon approval by the planning and zoning commission. Such approval shall be granted only for projects generating very limited traffic. Similarly, such approval shall be conditioned on stipulated traffic generation rates specified in the application. Subsequent changes in traffic generation shall constitute grounds by which the city engineer may request review by the planning and zoning commission in order to determine if the increased traffic generation rates warrant improvements to the parking surface.

c.

Stone may be used for parking space provided that the stone is required as part of an approved drainage system for the lot, that the stone is no smaller than a #57 stone in size and that the use is approved by the planning and zoning commission. Pea gravel is not acceptable. Driveways and vehicular access ways shall be paved.

(3)

Continuing maintenance. A continuing maintenance program shall be required to be carried out by the landowner in all cases where a porous surface is approved by the planning and zoning commission. Such maintenance program shall include maintenance provision cited in subsection 54-3-10.10(b)(1)h. Violation of such maintenance program shall be subject to penalties as provided in section 1-10 of the Code of Ordinances.

(4)

Procedure for review. Proposals for use of a porous surface shall be reviewed in accordance with the site plan review procedures described in article XVIII of this Code. The city engineer shall provide detailed comments concerning such proposals to the planning and zoning commission prior to consideration by the board.

In order to promote and preserve natural hydrological conditions and to preserve water recharge areas, water supply and water quality, and natural habitats, the following regulations shall be applied to wetland areas:

(a)

Wetlands defined. Wetlands shall be defined pursuant to state statute.

(b)

Wetland delineation (establishing the wetland line). A delineation of the upland wetland boundary shall be established based upon an on-site field survey by a professional biologist or registered engineer provided by the applicant and coordinated with the St. Johns River Water Management District, the Department of Environmental Protection, and/or the U.S. Corps of Engineers.

(c)

Wetland development restrictions and interpretations. No development activity shall be allowed in a wetlands, including upland buffer areas, until and unless the applicant has obtained all required permits or exemptions from the state and/or federal agencies having jurisdiction and has met all requirements of the land development code. Upland buffer areas shall be defined as the areas separating wetland and upland areas and in which development activities may be regulated to protect wetlands. The upland buffer shall be an area landward of the upland edge of a wetland (i.e., the upland/wetland jurisdictional line if applicable). The buffer area provides an undeveloped area that separates developed upland from a wetland area. The purpose of the buffer area is to ensure the continuing function of respective wetland communities, to prevent pollutants from surface water runoff from entering the wetlands, and to enhance water quality. The city shall retain the right to prohibit development within the buffer area. The boundary of an upland buffer area shall be consistent with best management principles and practices and shall be compliant with applicable St. Johns River Water Management District permitting standards for upland buffers adjacent to wetlands to sufficiently protect adjacent wetlands.

(d)

Required dedication of conservation easements. The city may require applicants for subdivision development approval to include the dedication of conservation easements or reservations where the city finds that the dedication is reasonable in order to protect the value and function of a wetland.

(e)

Administration of wetland development restrictions. The city shall coordinate with the jurisdictional agencies for purposes of rendering legal, equitable, and environmentally sensitive determinations of the development rights to be permitted on such wetlands and/or lands under the jurisdiction of the state or federal government. The developer of a parcel of environmentally sensitive land shall be responsible for obtaining permits or exemptions from the St. Johns River Water Management District (SJRWMD), Florida Department of Environmental Protection (DEP) and from the Army Corp of Engineers, as may be appropriate, prior to obtaining a development order, subdivision construction permit, or site plan review approval from the city. Regardless of permitting by federal or state permitting agencies, the city shall reserve the right to determine the appropriate land use and density/intensity.

(a)

Required soil erosion and sedimentation control plan. In order to prevent both soil erosion and sedimentation, a soil erosion and sedimentation control plan shall be required as a part of an application for a subdivision construction permit, site plan review, plot plan review of a single-family residential lot and whenever a development will involve any clearing, removal of native or protected vegetation, grading, transporting, or other form of disturbing land by the movement of earth.

(b)

Erosion control measures. All measures necessary to minimize soil erosion and to control sedimentation in the disturbed land area shall be implemented. The following protection shall be provided for all disturbed areas: minimize velocities of water runoff and wind erosion, maximize protection of disturbed areas from stormwater runoff, and prevent or retain sedimentation within the development site as early as possible following disturbances. A list of major problem areas for erosion and sedimentation control follows. For each one, the purpose(s) of requiring control is described. Soil erosion and sedimentation control measures for all such areas shall be provided with a view toward achieving the specific purpose listed below for which a control plan is required:

(1)

Erodable slopes: Prevent detachment and transportation of soil particles from slope.

(2)

Streams, streambeds, streambanks, bodies of water, lake shorelines: Prevent detachment and transportation of soil particles.

(3)

Drainageways: Prevent detachment and transportation of soil particles (which would otherwise deposit in streams, bodies of water, or wetlands); promote deposit or sediment loads (traversing these areas) before these reach bodies of water.

(4)

Land adjacent to streams, ponds, lakes, and wetlands: Prevent detachment and transportation of soil particles. The applicant shall not adversely impact aquatic vegetation within the sensitive transition zone located between the upland and the mean high water line (ordinary high water line for non-tidal waters). No such vegetation shall be disturbed without approval of the city. Any such approval shall be based on a demonstrated necessity that promotes the overall public health, safety and welfare. Furthermore, any such disturbance of aquatic vegetation shall be compensated by re-vegetation based on a plan approved by the city as stipulated herein. The applicant shall coordinate plans for riverfront development with the Florida Department of Environmental Protection as well as the U.S. Army Corps of Engineers where tidal waters might be impacted. Where deemed appropriate, the site plan shall include the planting of native indigenous aquatic plant vegetation to promote stability of the shoreline.

(5)

Enclosed drainage structure: Prevent sedimentation in structure, erosion at outfall of system and deposit of sediment loads within system or beyond it.

(6)

Large flat surface areas (unpaved): Prevent detachment of soil particles and their off-site transportation.

(7)

Impervious surfaces: Prevent the detachment and transportation of soil (in response to an increase in the rate and/or volume of runoff of the site or its concentration caused by impervious surfaces).

(8)

Borrow and stockpile areas: Divert runoff from face of slopes exposed in the excavation process; convey runoff in stabilized channels to stable disposal points; leave borrow areas and stockpiles in stable condition.

(c)

Applicability. Appropriate measures shall be taken during land clearing and building operations to assure that exposed, destabilized or otherwise altered soil is expeditiously covered with an acceptable erosion control material. The provision shall be applicable to the act of subdividing and installation of related improvements as well as during the development review process including the period during which improvements may occur as well as the length of time soil may be exposed to the environment. The tree and native vegetation protection ordinance shall be applicable to all clearing and grading activities and shall include specifications for management principles guiding the removal or placement of vegetation and landscaping design. Regulations shall also require developers to take precautionary measures, where necessary, to avert destruction or damage to native vegetation.

(a)

Aquifer recharge area defined. Aquifer recharge areas shall be defined as those areas determined by the Indian River Soil Conservation District as having good to excellent recharge potential as generally identified on Map B-5 of the City of Sebastian Comprehensive Plan Goals, Objectives, and Policies. These areas include the following soil types: Paola, St. Lucie, Astatula, Archbold, Pomello, Orsino, Jonathan, and Satellite.

(b)

Restrictions on development within recharge areas. All development within designated recharge areas shall comply with the following development requirements:

(1)

Preservation of recharge potential. Development shall preserve the predevelopment conditions with regard to soil type, drainage rates, grade elevation, and shall be designed so as to minimize the reduction or recharge of the surficial aquifer. The groundwater level and fluctuations shall be substantially the same as predevelopment conditions.

(2)

Clearing. No clearing of soil or vegetation may occur before a permit for such activity is issued.

(3)

Excavation. Excavation which cuts below the seasonal high water table shall be prohibited unless a design/plan is prepared by a qualified engineer and approved by the city engineer which demonstrates that the work can be completed in a manner that will not detrimentally impact the groundwater table.

(c)

Prohibited land uses. The following land uses and activities are prohibited within aquifer recharge areas:

(1)

Sanitary landfills;

(2)

Animal feedlots;

(3)

Wastewater treatment facilities, not including duly permitted septic tanks;

(4)

Petroleum and pesticide bulk storage facilities without proper containment;

(5)

Incinerators;

(6)

Above-ground or below-ground pipes for pollutants or contaminants.

(7)

All other land uses that store, handle, or generate hazardous materials or wastes. The following state and federal rules define and regulate additional hazardous material:

•

The Florida Substance List as published by the State of Florida and amended periodically.

•

Title 40 of the Code of Federal Regulations Part 261 (Identification and Listing of Hazardous Wastes).

•

Title 40 of the Code of Federal Regulations Part 302.4, Table 302.4 (List of Hazardous Substances and Reportable Quantities).

•

Title 40 of the Code of Federal Regulations part 355, Appendix A and B (List of Extremely Hazardous Substances).

(8)

Sandmines.

(Ord. No. O-10-08, § 1, 12-15-2010)

(a)

Estuarine shoreline protection. Applicants for development along the Indian River Lagoon, Sebastian River, or Collier Creek shall be required to submit as part of the permitting process, plans that demonstrate how the development shall incorporate features designed to protect against potential adverse impacts to:

(1)

Shoreline vegetation and stabilization;

(2)

Water quality;

(3)

Native habitat, including seagrass beds and wetland habitats;

(4)

Living marine resources; and

(5)

Shoreline access.

No shoreline development shall be approved until the applicant has demonstrated that potentially adverse impacts shall be prevented or that compensatory mitigation shall occur.

(b)

Shoreline vegetation and stability. No vegetation shall be removed from a shoreline without a duly authorized permit (article XIV). Where the city approves shoreline alterations, the applicant shall be required to re-vegetate, stabilize, and enhance damaged shorelines by planting native vegetation, including mangrove and/or appropriate native plant species which:

(1)

Contribute to marine productivity and water quality;

(2)

Offer protection from erosion and flooding; and

(3)

Contribute to the natural soil building process.

Whenever vegetation is removed, the applicant/developer must provide mitigation plan ensuring that re-vegetation shall occur. In order to establish such assurance, the mitigation plan shall include a re-vegetation that contains an appropriate ratio of replacement plants to continue the physical and biological functions of the vegetation, especially any pre-existing function as a habitat. The mitigation plan shall be subject to review by the planning and zoning commission and by the appropriate federal and/or state agencies having jurisdiction. Activities along the shoreline require FDEP permit.

Hardening of the Indian River Lagoon shoreline or the shoreline of the Sebastian River with rip-rap or other similar approved devices shall not be allowed unless erosion constitutes a critical peril to upland property and the use of vegetation has failed to stabilize the shoreline. In such case, coquina rip rap shall be the first alternative. Such shoreline hardening structures shall not be vertical seawalls or bulkheads. The specific location and design of such structures shall:

(1)

Comply with the best management principles and practices and be accomplished by use of the least environmentally damaging methods and designs possible;

(2)

Avoid a vertical slope that generates erosive tendencies, especially to adjacent unprotected shoreline properties. Pervious interlocking tile systems, filter mats, and similar stabilization methods shall be used in lieu of vertical walls;

(3)

Not be located waterward of the mean (or ordinary as applicable) high water line except when it is shown to be in the public interest;

(4)

First be approved by other public agencies having jurisdiction; and

(5)

Incorporate a program of shoreline vegetation or re-vegetation in order to build, enhance, and stabilize a natural shoreline.

(c)

Living marine resources, including but not limited to seagrass beds. Development along the coastal shoreline or within an area extending into the jurisdictional tidal waters of the city shall avoid adverse impacts of development on benthonic communities within tidal waters, including seagrass beds and other live bottom communities as well as adverse impacts on the coastal marsh and other coastal non-tidal wetland habitats.

Since these areas are sensitive to increased turbidity and other forms of pollution, water run-off and introduction of nutrients, these forms of pollution shall be regulated through effective water quality management criteria. Plans for development impacting marine resources shall be coordinated with state agencies having jurisdiction prior to the city granting development plan approval and/or prior to release of any permit for construction. Compensatory mitigation may be permitted in cases of overriding public benefit where both the state and federal agencies having jurisdiction approve the mitigation measures proposed by the developer. Any such development shall ensure continuance and maintenance of essentially natural conditions in order to further propagation of fish and wildlife as well as public recreation opportunities.

All applicants proposing development activities along any estuarine shoreline or within submerged areas shall be required to submit a site plan pursuant to site plan review regulations. Such site plan shall provide information describing marine life potentially impacted by proposed land uses as well as related construction activity. The plan shall stipulate assurances that the proposed project shall not adversely impact marine life or water quality. For instance, the city may require water quality control techniques such as the use of weirs for purposes of managing turbidity. In addition, the city shall require surveys of existing conditions, specifications of planned site improvements, and techniques to be used during construction as well as in operating and maintaining the land use in order to prevent damage to living marine organisms.

(d)

Water-related and water dependent uses. All water-related uses shall be built on uplands landward of the high velocity hurricane storm surge zone (VE-zone). All construction activities shall be predicated on plans compliant with applicable state and city building codes. Dredging and filling of wetlands or open water in order to accommodate water-related uses shall not be permitted unless all state agencies having jurisdiction have approved the construction plans and the city approves such activity pursuant to provisions for wetland protection (section 54-3-11.1), the surface water management (article XII), and all other relevant site plan review criteria.

Within the wetland estuarine shoreline, no development other than water dependent native shoreline vegetation, approved elevated accessways (of wood or other material which allow light to pass through and air and/or water to circulate underneath and to support plant life), or other water dependent uses approved by all state and/or federal agencies having jurisdiction and approved by the city pursuant shall be permitted. No structures that constrict water circulation in the lagoon shall be permitted.

No non-water dependent uses shall be permitted on submerged lands or wetlands. Development on uplands adjacent to wetlands shall preserve a buffer measured from the nearest upland/wetland boundary. The buffer area shall be coordinated with St. Johns River Water Management District permitting guidelines. Within the buffer area all exotic vegetation shall be removed and native plants shall be planted. The purpose of the buffer area is to protect ambient water quality and to prevent degradation of water quality from pollutants from surface water runoff within coastal waters.

(e)

Impacts of coastal development on tidal flushing and circulation patterns. Tidal flushing and circulation patterns generally shall not be altered by development activities. No development shall produce changes in tidal flushing and circulation patterns unless the applicant for development clearly demonstrates that no adverse environmental impacts shall be occasioned by the proposed changes in tidal flushing and circulation patterns. The applicant shall provide hydrographic information sufficient to support this premise. Additionally, no alteration in tidal flow shall be permitted which causes stagnation or siltation. The city shall grant no alteration permit unless all other agencies having jurisdiction have granted clearance, including all requisite permits.

(f)

Marinas and dock facilities. The city shall not approve docks or marina improvements until the applicant demonstrates compliance with all applicable federal and state laws and administrative rules, as well as applicable policies of regional agencies. Site plans shall include an environmental impact component for all docks and marinas, which adequately address marina siting criteria cited herein. These plans must demonstrate to the city's satisfaction that the facilities shall not adversely impact living marine resources, including, but not limited to, seagrasses, estuarine waters, manatees and other living marine organisms. The plans shall comply with the following criteria:

(1)

The plan shall indicate the following:

a.

Location relative to all potentially impacted natural marine resources.

b.

Structural specifications.

c.

Description of all impacted natural marine resources, including their location and physical characteristics.

d.

The location of multi-slip dock or marina facilities shall be located so as to prevent or minimize dredging and shall not disturb seagrass beds or adjacent wetlands.

e.

Availability and location of sewage pump-out facilities.

f.

Hurricane contingency plans.

g.

Mitigation techniques proposed to compensate for any potential environmental disruption.

(2)

New marinas shall not be allowed in or immediately adjacent to the following sensitive areas:

•

Aquatic preserves;

•

Marina sanctuaries;

•

Estuarine sanctuaries; and

•

Areas of essential manatee habitat, as determined by DEP.

(3)

Marinas must have sufficient upland area for all non-water-dependent uses. Dredging and filling of wetlands or open water in order to accommodate uses that are not water-dependent shall not be allowed. Exceptions may be granted in cases shown to be overwhelmingly in the public interest, such as the presence of sensitive upland systems.

(4)

Cumulative effects of several marinas and/or boat ramps in one area shall be considered in the review of proposed marina projects.

(5)

All new and expanded marinas shall provide a demonstration of compliance with state water quality standards by maintaining a water quality monitoring program approved by the Florida Department of Environmental Protection (DEP).

(6)

Grassbeds and other submerged habitat deemed valuable by DEP will be subject to protection regardless of their size. DEP frequently imposes their jurisdiction based on size and connection to other wetlands, so this may be contradictory.

(7)

In reviewing applications for new or expanded docking facilities, ways to improve, mitigate, or reverse adverse environmental impacts caused by previous activities shall be explored. This may include shallowing dredged areas, restoring wetland or submerged vegetation, or marking navigational channels. Such mitigation or restoration may be a condition of approval of new, renewed, or expanded facilities.

(8)

Immediate access (ingress and egress) points shall be delineated by channel markers, indicating speed limits, manatee area warnings, and any other applicable regulations.

(9)

All new or expanded marinas must provide treatment of stormwater run-off from upland areas to the extent necessary to ensure that state water quality standards are met at the point of discharge to waters of the state. In addition, all requirements of the water management district and DEP shall be met.

(10)

Boat maintenance activities in new or expanded marina facilities shall be located as far as possible from open water bodies in order to reduce contamination of water bodies by toxic substances common to boat maintenance. Run-off from boat maintenance must be collected and treated prior to discharge.

(11)

Open wet slips will be preferred to covered wet slips in marina design to reduce shading of water bodies which result in lowered biological productivity.

(12)

Marina design shall incorporate natural wetland vegetative buffers whenever possible near docking area and in access areas for erosion and sedimentation control, run-off purification and habitat purposes.

(13)

The West Indian manatee shall be afforded protection from boating activities that may have an adverse impact upon the species. The following criteria apply in the implementation of this policy:

a.

Marina operators shall undertake the following manatee protection measures in areas where manatees are known to occur:

1.

Implement and maintain a manatee public awareness program which will include posting signs to advise boat users that manatees are an endangered specie which frequents the waters of the region's estuaries and lagoon;

2.

Declare the waters in and around marinas as "idle speed" zones; and

3.

Post phone number(s) to report an injured manatee.

b.

Local manatee protection plans shall be included as part of the coastal management and conservation elements of the comprehensive plan. The plan should:

1.

Assess the occurrence of manatee activity within the jurisdiction;

2.

Document the number of manatee accidents and deaths;

3.

Identify manatee habitats;

4.

Determine the potential for adverse impacts to the manatee population from various activities and identify the level of protection necessary to ensure least possible interference; and

5.

Recommend local mitigative actions to be undertaken in support of the regional policy.

(14)

In addition to the above listed criteria, accessory docks and unwalled boat shelters, davits, lifts and pilings shall be permitted and erected in accordance with the following regulations.

a.

All docks, piers or wharves and associated pilings, and all davits or lifts whether associated with a dock or erected separately, shall require a building permit from the building department and other applicable permit(s), as required, through the State of Florida and/or federal regulatory agencies, including the U.S. Army Corps of Engineers and/or any other agency having appropriate jurisdiction.

b.

All docks, pilings, or wharves, as permitted, shall be located in a manner that does not interfere with the riparian rights of adjacent properties.

c.

All docks, piers, wharves, davits and lifts, as permitted, shall be located to meet the following requirements:

1.

Local canals and lakes—Said structure is located within the center one-third of the waterfront footage of the property and shall not extend further than 20 feet or one-third of the width of the waterway, whichever is the lesser distance.

2.

Indian River Lagoon and Sebastian River—As permitted by applicable state and federal regulations.

d.

All off-shore pilings shall not project further above the surface of the water than is reasonably necessary for their use and be located no further from the rear property line than:

1.

Local canals and lakes—20 feet or one-third the width of the waterway, whichever is the lesser distance.

2.

Indian River Lagoon or Sebastian River—As permitted by applicable state and federal regulations.

e.

This section notwithstanding, alternate site plan specifications may be presented to the planning and zoning commission for review and approval, as deemed necessary by the applicant.

(g)

Estuarine water quality. In order to protect the water quality of the aquatic preserve, no new point source pollution shall be permitted to discharge into the lagoon or into ditches or canals flowing into these lagoon. In addition, in order to reduce non-point source pollutants the city shall require surface water management plans that comply with the city's adopted drainage level of service standard cited in article IX, provisions of article XII, and shall satisfy all applicable federal, state, and regional standards and policies governing estuarine water quality.

(h)

Restrictions in coastal high hazard area. The coastal high hazard area includes all area within the category I evacuation area established in the Treasure Coast Regional Hurricane Evacuation Study. The city shall enforce land use controls within the coastal high hazard area, especially areas east of Indian River Drive. Enforcement activities shall include but not limited to enforcing:

(1)

Exclude habitable structures from locations within the V-zone. No habitable structures shall be permitted within the V-zone.

(2)

Prohibit potential point pollutants. Water and sewer treatment plants, industrial holding ponds and other potential point pollution sources within the coastal high hazard area are prohibited.

(3)

Storm and flood-proofing standard for structures. Construction within the coastal high hazard area shall meet storm and flood-proofing standards exceeding those required for a 100-year storm.

(4)

Manage density. Residential development and/or redevelopment in the coastal high hazard shall not exceed existing residential.

(5)

New development to exclude septic tanks. No new development or redevelopment within the coastal high hazard area shall be permitted to use septic tanks.

(6)

Publicly funded infrastructure. Publicly funded infrastructure shall not be built within the coastal high hazard area unless the facility is for the protection of public health and safety.

(i)

Restrictions on development impacting Class II waters. Class II waters are defined by DEP as coastal waterbodies which currently do or have potential for supporting shellfish harvesting. That portion of the Indian River within the city corporate limits has been classified by the Florida Department of Protection, Southeast Subdistrict, as a Class II waterbody. The following development restrictions shall be imposed:

(1)

Limitation on dredging. Dredging activities shall be limited to approved maintenance dredging and shall minimize adverse impacts on shellfish propagation or harvesting.

(2)

Intergovernmental coordination. Development petitions potentially impacting Class II waters shall be coordinated with the DEP and the SJRWMD in order to ensure that storm water run-off and all discharge processes are compliant with the laws enforced by agencies having jurisdiction. The city shall notify the appropriate agency with the jurisdiction as potential issues or problems are identified by the city.

(3)

Restriction on use. Use of Class II water shall be restricted to water dependent activities that are not contrary to the public interest and satisfy a community need.

(4)

Restrictions on modification of grassbeds. Modification of grassbeds shall be restricted to only those cases involving overriding public interest. Where modification of grass beds is permitted the city shall not approve a site plan unless the applicant for development has demonstrated compliance with the following:

a.

A determination of overriding public interest has been demonstrated prior to modification of grassbeds.

b.

Project run-off and nutrient introduction shall be controlled to prevent an increase in water turbidity.

c.

Projects damaging grassbeds during construction shall incorporate mitigative techniques which re-establish benthonic conditions favorable to natural regeneration.

d.

The city shall coordinate closely with state and federal agencies during the permitting processes to ensure that the intent of these policies is carried out.

(j)

Estuarine shoreline access. The city has adopted the state standard for shoreline access to the Indian River Lagoon and Sebastian River. The city shall preserve existing access points and shall strive to add additional access points in order to achieve access points at approximately one-half mile intervals along the estuarine shoreline.

(k)

Multi-agency review of coastal management issues. As part of the staff analysis and evaluation of site plans involving land adjacent to the Indian River Lagoon as well as major site plans impacting the St. Sebastian River, the planning and growth management director shall coordinate with representatives of county, state and federal agencies having jurisdiction over coastal issues, including as may be applicable the: U.S. Fish and Wildlife Service, the U.S. Army Corps of Engineers, State Department of Environmental Protection (DEP), the St. Johns River Water Management District (SJRWMD), the Treasure Coast Regional Planning Council, Indian River County, and other federal, state, and regional agencies as may be appropriate in managing the following activities:

(1)

The city shall coordinate all development and resource conservation measures impacting the waters of the state and the Sebastian River with the above cited agencies. These activities shall include, but not be limited to, review of proposed development potentially impacting natural resources, including development petitions for docks, shoreline stabilization, dredging, or other alteration of natural resources under federal or state jurisdiction.

(2)

The city shall coordinate with technical staff within DEP and SJRWMD in order to ensure implementation of sound principles and practices of coastal resource management during review of major site plans as well as in the formulation of policies impacting coastal resource management.

(3)

The city shall coordinate with the SJRWMD, the DEP, as well as other appropriate state agencies in matters surrounding stormwater management, drainage, water quality and quantity, and consumptive use permitting.

(4)

The city shall ensure that all issues surrounding development impacts on wetlands or other resources under federal and/or state jurisdiction are managed based on timely coordination, exchange of information, and appropriate follow-up by the city and all agencies having jurisdiction over the issue. The city shall request jurisdictional determinations from all appropriate agencies prior to the issuance of development orders or building permits for all sites within the city.

(5)

The city shall coordinate with Indian River County on issues surrounding hurricane evacuation, stormwater management on county roadways, public access, and other coastal issues of mutual concern.

(l)

Regulating impacts of development on waterbodies. Site plans adjacent to estuarine waters shall comply with the following performance criteria:

(1)

Surface water management systems shall be consistent with the city's adopted drainage level of service cited in article IX, Concurrency Management, and applicable federal, state, and regional standards.

(2)

In addition to requirements of article XII, Stormwater Management, the stormwater management plan shall indicate the characteristics of the wetland buffer, if required pursuant to section 54-3-11.4(c), which requires an upland buffer separating wetland (in this case, the submerged land) and upland areas and in which development activities may be regulated to protect the estuary. The upland buffer shall be an area landward of the upland edge of an estuary and shall provide an undeveloped area that separates developed upland from the estuarine waters. In this case the purpose of the buffer area is to ensure the continuing function of the estuary and related wetland communities, to prevent pollutants within surface water runoff from entering the estuarine waters, and to enhance water quality. The city shall retain the right to prohibit development within the buffer area. The boundary of an upland buffer area shall be consistent with best management principles and practices and shall be compliant with applicable St. Johns River Water Management District or other applicable permitting standards for upland buffers adjacent to the estuary.

(3)

A vegetated and functional littoral zone shall be established as part of the surface water management system of lakes occurring on all property. Prior to construction of the surface water management system for any phase of a project, the developer shall prepare a design and management plan for the wetland/littoral zone that will be developed as part of these systems. The plan should:

a.

Include typical cross sections of the surface water management system showing the average water elevation and the -3 foot contour (i.e., below average elevation), or a 75-foot distance from the wetland buffer, whichever is greater;

b.

Specify how vegetation is to be established within this zone, including the extent, method, type and timing of any planting to be provided; and

c.

Provide a description of any management procedures to be followed in order to ensure the continued viability and health of the upland, wetland transition area and water body. The upland buffer zone shall consist primarily of native vegetation and shall be maintained permanently as part of the water management system. A minimum, ten square feet of vegetated littoral zone per linear foot of lake shoreline shall be established as part of the surface water management system. The developer's buffer zone management plan shall include a plan acceptable to the city for the long-term management/maintenance of stormwater, shoreline stabilization, and estuarine water quality protection. The burden for perpetual maintenance rests with the property owner.

d.

Should it be necessary to establish or replenish shoreline or buffer zone vegetation, the developer should use plants that are highly salt tolerant as part of the aquascape (i.e. mangroves). Aquatic planting that is necessary shall be illustrated on the required landscape plan submittal for site plan review.

(4)

Outstanding Florida Waters, Class II, and Class III Waters shall be protected by incorporating the following provisions into the city's land development regulations:

a.

Dredging and filling activities shall be limited to DEP, U.S. Army Corp of Engineers, and SJRWMD and any other applicable agency approved dredging.

b.

Ensure good water quality by coordinating with the U.S. Fish and Wildlife Services, DEP, and the SJRWMD in monitoring the quality of stormwater run-off and all discharge processes where these agencies have jurisdiction.

The city shall notify the appropriate agency with jurisdiction as potential issues or problems are identified by the city. The city's amended land development regulations shall provide performance criteria designed to ensure that new development provides effective and adequate storm-water management improvements concurrent with the impacts of new development. All new development shall comply with drainage level of service criteria.

c.

Prohibit the use of these waters for water dependent activities that are contrary to the public interest and do not satisfy a community need.

d.

Prohibit modification of marine grassbeds unless required by an overriding public interest, and the activity is approved by federal, state, and/or regional agencies having jurisdiction.

e.

Where modification of grassbeds is permitted by agencies having jurisdiction, the city shall ensure that:

1.

A determination of overriding public interest has been demonstrated prior to modification of grassbeds.

2.

Project run-off and nutrient introduction shall be controlled to prevent an increase in water turbidity.

3.

Projects damaging grassbeds during construction shall incorporate mitigative techniques which re-establish benthic conditions favorable to natural regeneration. Mitigation should only be allowed at a three or four to one ratio as recommended by the Marine Resources Division of DEP.

4.

Special attention shall be given to stipulations cited in (1) through (3) above during the development review process. The city shall coordinate closely with state and federal agencies during the permitting processes to ensure that the intent of these policies is carried out.

f.

Protect aquatic and wetland wildlife and vegetative species.

(m)

Exemptions to coastal resource protection regulations. The following activities shall be exempt from the coastal resource protection regulations.

(1)

Minor maintenance or emergency repairs to existing structures or improved areas.

(2)

Clearing of shoreline vegetation (excluding protected species) to create walking trails having no structural components, not to exceed four feet in width. The city reserves the power to restrict the number and design of walking trails.

(3)

Timber catwalks, docks, and trail bridges that are less than four feet wide, provided that no filling, flooding, dredging, draining, ditching, tiling or excavation is done, except limited filling and excavating necessary for the installation of pilings.

(4)

Recreational fishing and temporary blinds.

(5)

Constructing fences where no fill activity is required.

Notwithstanding, any permitted development shall provide a plan acceptable to the city that ensures maintenance of water quality and coastal resource integrity in perpetuity.

Vegetative communities and wildlife habitats (particularly those identified as primary habitat for endangered or threatened species or species of special concern) which are deemed environmentally significant shall be protected from adverse impacts associated with development. Table VI-1: "Endangered, Threatened, and Species of Special Concern by Habitat" is contained within the comprehensive plan conservation element data inventory and analysis. This table identifies essential breeding, feeding or habitat sites for endangered or potentially endangered flora or fauna that shall be protected pursuant to the following regulations.

Applicants for development within any areas identified as refuge, breeding, feeding, or habitat areas of endangered or threatened species or species of special concern shall prepare a habitat management plan which shall as a minimum comply with regulation in subsections (a), (b) and (c) below.

(a)

Critical habitat management plan required. Site plans and preliminary plats shall include a "critical habitat management plan" prepared by a professional biologist, ecologist, or other related professional. The plan shall ensure the protection of endangered and threatened flora and fauna as determined by the state or federal government. As a minimum standard this plan shall analyze the following issues:

(1)

Identify the occurrences of designated species by a qualified ecologist;

(2)

Land needs to support continued on-site presence of the species;

(3)

Impacts of proposed development that will disturb the species;

(4)

Management plans and measures necessary to protect the subject species;

(5)

Cost to developer to implement the recommended management plan as approved.

(b)

Criteria for reviewing critical habitat plan. Development activities that have an adverse effect upon a designated species shall require mitigation acceptable to the city or shall not be permitted. Viable (i.e., capable of living) habitat for endangered or threatened species or species of special concern occurring on a site shall be identified on the management plans as preservation areas. All development activities shall be prohibited within these preservation areas with the exception of recreational and educational uses where such uses shall not adversely affect such species.

The city staff shall review the critical habitat management plan as well as the federal and/or state agencies having jurisdiction. The final development plan shall comply with directives of the federal and/or state or local agencies having jurisdiction and the most restrictive shall apply.

(c)

Incentives for reservation of conservation easements. The applicant and the city may negotiate a development agreement that ensures the preservation of habitats. Where the applicant agrees to dedicate a conservation easement embracing the identified habitats, the city reserves the right to provide for a transfer of density or intensity to adjacent lands under common ownership which are unencumbered by environmentally sensitive ecosystems.

(d)

Buy out alternative. If the applicant desires to develop a critical habitat, the city, with consent of agencies having jurisdiction, may allow the applicant to develop the critical habitat only if the applicant pays a fee in lieu of dedicating a conservation easement to preserve the critical habitat. However, any payment allowed in lieu of preservation must be sufficient to purchase equally sensitive habitat of similar or greater size. Such cash payment shall be placed in a special fund for future purchase or debt retirement from the purchase or mitigation of critical habitat.

Development of the floodplain (the A, AE, and VE zone on the FIRM maps) shall meet the floodplain management requirements in article XII, Surface Water Management, and article XIII, Flood Protection.

No hazardous wastes shall be stored or disposed of on wetlands. Similarly, no hazardous wastes shall be stored or disposed of on upland buffers pursuant to this article.

The city shall assist in regulating development for purposes of complying with policies of the St. Johns River Water Management District directed toward conservation of potable water supply and to achieve a reduction in the current rates of water consumption. Therefore, development plans shall be required to comply with the following potable water supply performance criteria:

(1)

If non-potable alternative sources of irrigation water are available, potable water supplies shall not be used to meet irrigation needs.

(2)

All new development shall be required to use water-saving plumbing fixtures.

(3)

In order to reduce demand for irrigation water (which in turn often places greater demand upon potable water sources), at least 50% of all landscaping material for commercial sites obtained from off-site sources for use on any site should be native plant material adapted to soil and climatic conditions existing on the subject site. Further, at least 50% of all trees used in landscaping shall be drought tolerant native species adapted to soil and climatic conditions existing on-site in order to lessen water demand.

Irrigation wells as regulated herein are defined as: Wells constructed for the obtaining of groundwater for the irrigation of lawns and landscaping, and whose size or capacity are below the thresholds for regulation by state agencies. For purposes of mitigating potential adverse impacts on land use caused by the construction of irrigation wells, the city shall require that any irrigation well installed within the city shall first obtain a permit for the irrigation well from the appropriate permitting agency. All irrigation wells shall be constructed by a water well contractor licensed under chapter 17-531, F.A.C., to engage in the business of construction, repair, or abandonment of wells. Similarly, all irrigation wells shall be constructed in accordance with all applicable state regulations and good engineering practices, including section 17-532.500, F.A.C.

(1)

For parcels created after March 1, 2007 along the St. Sebastian River, a 100-foot shoreline protection buffer is hereby established measured from the mean high water mark of the river or 50 feet from the landward boundary of jurisdictional wetlands along the river or any tributary, whichever is greater. For parcels of record which existed in the city prior to March 1, 2007, or annexed after said date and having exited prior to June 18, 1991, a 50-foot shoreline protection buffer for unplatted parcels, and a 25-foot buffer for existing platted lots is hereby established on land parcels bordering the St. Sebastian River, measured from the mean high water line. In no case, however, with reference to pre-existing parcels or lots of record as described above, shall the buffer(s) exceed 20 percent of the parcel or lot depth perpendicular to the applicable waterway

(2)

Within the shoreline protection buffer, no development shall be permitted with the exception of docks, boat ramps, pervious walkways and elevated walkways which provide the property owner with reasonable access to the waterway. No more than 20 percent or 25 feet, whichever is greater, of any shoreline may be altered for reasonable access. Native vegetation in the remainder of the shoreline protection buffer shall remain unaltered, except as may be allowed for trimming under city tree protection regulations.

(3)

Shoreline alteration shall be prohibited, unless it is in the public interest or prevents or repairs erosion damage, or provides reasonable access to the water, does not adversely impact water quality, natural or adjacent shoreline uses, and is permitted by all applicable jurisdictional regulatory agencies. Any native vegetation removed in such instances shall be relocated or replaced on-site with comparable vegetation and amount.

(Ord. No. O-07-05, § 1, 3-14-2007)

(1)

For city owned lands adjacent to Roseland Road, including the Sebastian Municipal Airport (SMA) and SMA leaseholds, a 50-foot vegetative buffer is hereby established and created.

(2)

The buffer shall exist from the Roseland Road eastern right-of-way and extend 50 feet eastward along the entire length of the property line of city or Sebastian Municipal Airport owned lands.

(3)

Existing vegetation within the Roseland Road Buffer shall remain unaltered, except to permit removal as regulated in article XIV of the city's land development code (section 54-3-14). Vegetation removal may also be required for generally recognized traffic safety standards specified in the Manual of Uniform Traffic Control Devices, the Florida Department of Transportation Manuals and Indian River County Traffic Engineering standards.

(4)

The city reserves the right to replace and improve existing airport business directory signage.

(Ord. No. O-09-14, § 1, 1-13-2010)

The minimum standards for surface water management and flood protection set forth in this article shall be applicable to all new construction, development or redevelopment requiring updated code compliance.

The purpose of this article is to protect the health, safety and welfare of the citizens of the City of Sebastian; to implement those policies and objectives found in the drainage element of the city's comprehensive plan; to ensure protection of land and improvements together with natural resources through the use of responsible stormwater management and flood protection practices; to restrict or prohibit uses which are dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities; to require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction; to control the alteration of natural floodplains, stream channels, and natural protective barrier which are involved in the accommodation of floodwaters; to control filling, grading, dredging and other development which may increase erosion or flood damage; to prevent or regulate the construction of flood barriers which unnaturally divert floodwaters or which may increase hazards to other lands; and to ensure replenishment of the aquifer system and to provide a continuing usable water supply.

These requirements are intended to complement regulations of the Florida Department of Environmental Protection (DEP) and the St. John's River Water Management District (S.J.R.W.M.D.), all as adopted or as may be amended from time to time. Approval of a stormwater management system under these requirements shall not relieve any applicant of the necessity to obtain required permits or approvals from other state, regional or local agencies. In the event of a conflict between these regulations and state regulations, the state regulations shall prevail unless these regulations are more restrictive.

(a)

It shall be illegal for any person to construct, and/or alter, or arrange for, authorize, or participate in development within the incorporated area of the city without first obtaining a valid permit to construct either a drainage, stormwater management, and flood protection system pursuant to this code.

(b)

It shall be illegal for any person to construct any structure in such a manner as to impede the functioning of a drainage system that is: (1) publicly maintained or (2) located on private property and is a part of a drainage system serving more than one owner when such system is located in an easement which exists for the benefit of other land owners. A structure which meets the requirements of the city's standard specifications for the construction of public facilities and physical improvements shall be presumed not to impede the functioning of the drainage system.

The following activities shall be exempt from the surface water management permitting requirements herein established:

(a)

Any maintenance, alteration, renewal, repair, use or improvement of an existing structure which does not change or affect the rate or volume of stormwater runoff, or the construction of any structure or addition thereto which does not create an impervious surface exceeding ten percent of the site or 5,000 square feet, whichever is less.

(b)

Any activity or development project which is demonstrated by the applicant to have vested rights.

(c)

All activities undertaken by a governmental agency within their respective easements and rights-of-ways. These surface water management policies shall not be construed to prevent the committing of any act otherwise lawful and necessary to prevent material harm to or destruction of real or personal property as a result of a present emergency, including but not limited to fire, infestation by pests, or hazards resulting from violent storms or hurricanes or when the property is in imminent peril and the necessity of obtaining a permit is impractical and would cause undue hardship in the protection of the property.

(d)

A report of any such emergency action shall be made to the city engineer by the owner or person in control of the property upon which emergency action was taken as soon as practicable, but not more than ten days following such action. Remedial action may be required by the city engineer, subject to appeal to the city council in the event of dispute.

Drainage and flood protection regulations are applied to the construction of single-family and duplex homes. In newer subdivisions complete drainage systems have been constructed to address most, if not all, drainage concerns. Nonetheless, lots must be filled and graded in a manner to meet other requirements including the standards for septic tanks. The following drainage, stormwater management, and flood protection regulations apply to single-family and duplex homes.

(a)

Flood protection. Prior to constructing a single-family home or duplex on a parcel in a flood hazard zone, a Type "C" stormwater management permit shall be obtained from the city engineer. The city engineer shall approve any revisions to the approved permit.

(b)

Drainage and stormwater management. Prior to constructing a single-family home or duplex on a parcel not in a flood hazard zone, a Type "D" (known as a drainage permit) stormwater management permit shall be obtained from the city engineer. The city engineer shall approve any revisions to the approved permit.

No certificates of occupancy shall be issued until a functional drainage system has been constructed and approved by the city engineer. The city engineer may require the construction of retaining walls, roof gutters, underdrains, or other facilities deemed necessary to provide adequate drainage.

Drainage and flood protection regulations are applied to the construction of commercial, industrial or institutional sites. Lots may need to be filled and graded in a manner to meet various requirements. The following drainage, stormwater management, and flood protection regulations apply to commercial, industrial or institutional sites that have less than 5,000 square feet of impervious surface.

(a)

Flood protection. For each commercial, industrial or institutional facility located in a flood hazard zone, the site plan approval application shall include an application for a Type "B" stormwater management permit. The city engineer shall approve any revisions to the approved permit.

(b)

Drainage and stormwater management. For each commercial, industrial or institutional facility not located in a flood hazard zone, the site plan approval application shall include an application for a Type "A" stormwater management permit. The city engineer may waive any of the requirements of section 54-3-12.10, if the city engineer determines that such requirements are unnecessary. The Type "A" stormwater management permit shall be approved by the city engineer prior to the issuance of a land clearing or building permit. The city engineer shall approve any revisions to the approved conceptual plan.

No certificates of occupancy shall be issued until a functional drainage system has been constructed and approved by the city engineer. The city engineer may require the construction of retaining walls, roof gutters, underdrains, or other facilities deemed necessary to provide adequate drainage.

Drainage and flood protection regulations are applied to the construction of commercial, industrial or institutional sites. Lots may need to be filled and graded in a manner to meet various requirements. The following drainage, stormwater management, and flood protection regulations apply to commercial, industrial or institutional sites which have 5,000 square feet or more of impervious surface.

(a)

Flood protection. For each commercial, industrial or institutional facility located in a flood hazard zone, the site plan approval application shall include an application for a Type "B" stormwater management permit. Site plan approval and a Type "B" permit shall be issued prior to the issuance of a land clearing or building permit. The city engineer shall approve any revisions to the approved permit.

(b)

Drainage and stormwater management. For each commercial, industrial or institutional facility not located in a flood hazard zone, the site plan approval application shall include an application for a Type "A" stormwater management permit. Prior to the issuance of a Type "A" permit, the project's engineer of record shall certify that the plans submitted to the city are the same as the drainage and stormwater management plans approved by the St. Johns River Water Management District (S.J.R.W.M.D.) or the department of environmental protection. Site plan approval and a Type "A" permit shall be issued prior to the issuance of a land clearing or building permit. The city engineer shall approve any revisions to the approved permit.

No certificates of occupancy shall be issued until a functional drainage system has been constructed and approved by the city engineer. The city engineer may require the construction of retaining walls, roof gutters, underdrains, or other facilities deemed necessary to provide adequate drainage.

(a)

Flood protection. For each subdivision where a portion of the site is determined to be in a flood hazard zone, a Type "B" permit shall be obtained prior to the approval of a construction permit. The Type "B" permit shall be consistent with the approved preliminary plat. The city engineer shall approve any revisions to the approved permit.

(b)

Drainage and stormwater management. Each subdivision not located in a flood hazard zone shall obtain a Type "A" stormwater management permit. A Type "A" permit shall be issued prior to the issuance of a construction permit. The city engineer shall approve any revisions to the approved permit.

(a)

Criteria. No Type "A" permit shall be issued unless the following criteria are met:

(1)

Design storm. The design of the on-site stormwater management system shall be based at a minimum on a 25-year frequency, 24-hour duration storm event. The design of any off-site stormwater management system improvements shall be based upon a 25-year frequency, 24-hour duration storm event. The modified Type 2 SCS rainfall distribution shall be used. Post development runoff shall not exceed pre-development runoff.

(2)

One or more elevation benchmarks NGVD (1929) must be established or referenced. The stormwater system is to be designed utilizing the benchmarks.

(3)

The hydrologic computations for the stormwater management system shall be based on full hydrograph generation for the development project and contributory area utilizing such methods as published by the National Resources Conservation Service (NRCS) (U.S. Department of Agriculture, SCS "Natural Engineering Handbook," Section 4, Hydrology: 1985, and "Urban Hydrology for Small Watersheds," Technical Release No. 55: 1986). For projects of less than 12.00 acres, the rational method of runoff computation is satisfactory. The rainfall intensity-duration curves provided in Volume 2 - Procedures Florida Department of Transportation (FDOT) Drainage Manual are hereby incorporated as part of this code and shall be used in making all required hydrologic computations.

(4)

Required retention. Retention or detention with filtration of the first one inch of rainfall shall be provided on-site. Detention with filtration or retention shall be provided on-site for the initial one inch of rainfall plus additional stormwater runoff generated by the development project over and above that generated by the site prior to the proposed development unless there is a legal positive outfall available which has sufficient capacity to accept the additional runoff. All projects located east of the Florida East Coast Railroad shall retain the first one and one-half inch of rainfall on-site before discharge into a legal positive outfall or the Indian River.

(5)

Retention or detention design criteria.

a.

Retention or detention facilities shall be constructed in such a manner as to maximize utilization of available percolation capabilities on the site for recharge enhancement, to minimize mosquito breeding and shall be easy to maintain. All detention facilities shall have a skimmer if required by SJRWMD.

b.

Stormwater management systems that are to be dedicated to the city shall not penetrate the seasonally high groundwater table.

c.

Private wet retention/detention systems shall meet the following criteria:

1.

The applicant provide a water quality certification from the St. Johns River Water Management District or DEP that the direct connection to the groundwater table, as proposed, will not significantly adversely affect the quality of the groundwater. The issuance of a SRJWMD permit, exception, or waiver shall be sufficient and conclusive that all water quality standards are satisfied. If the site is below SJRWMD or DEP thresholds, the city engineer can waive this certification.

2.

The site is not located on a recharge area.

d.

As the SJRWMD requirements for treatment are equal to, or more stringent than the city's, the issuance to the applicant of an appropriate SJRWMD permit, exemption, or waiver shall be sufficient to show that all water quality treatment standards contained in this code are satisfied for Types A, B, and C permits. For issuance of Type A, B, C, or D permit, the applicant must show adherence to other sections of this code related to flood regulation, water runoff and quality discharge regulation, and other appropriate regulations contained herein.

(6)

Legal positive outfall required. Discharges from the development project shall be handled to a point of legal positive outfall. Tailwater stages of the receiving waters must be taken into account in design.

(7)

Dry detention discharge. The bottom of dry retention areas shall be sloped to form a permanent drain. A detention area shall have an outlet device, and shall not be lower than the elevation of the off-site receiving channel or water body unless protected by a suitably designed flap gate.

(8)

Open drainage ways. Where permitted, open drainage ways shall retain natural design characteristics and be so designed and protected that they do not present a hazard to life or property. The design shall include measures to protect against scour and erosion and provide for stable side slopes. Whenever possible, such waterways shall provide for adequate flushing action by prevailing winds and currents to assure the prevention of stagnant water and debris accumulation.

(9)

Disposition of stormwater runoff. The stormwater management system for developments located predominately on excessively drained soils should maximize stormwater infiltration. This shall be accomplished through the use of bottomless inlets, perforated pipe, grading to retard runoff, natural or artificial retention or detention basins, or other methods depending on the characteristics of the land area. Specific guidelines are as follows:

a.

Areas and lots shall be developed to maximize the amount of natural rainfall that is percolated into the soil and to minimize direct overland runoff into adjoining streets and watercourses. Stormwater runoff from roofs and other impervious surfaces should be diverted into swales, or terraces on the lot.

b.

Street drainage shall be sodded swales or curb and gutter in accordance with city specifications, provided all curb and gutter systems shall discharge or direct water across a sodded swale area or other filtering medium.

c.

Whenever practical, as indicated by soil characteristics, water table elevation, and topography, the overflow from any swale used shall be diverted to percolation areas, ponding areas, or natural or artificial seepage basins of sufficient capacity to retain and provide for the maximum infiltration of stormwater runoff from each drainage area for the design storm.

d.

Whenever practical, except in those development projects where temporary ponding is allowable, each percolation or retention area shall include positive drainage facilities which provide for drainage to public outfalls or a lake, or watercourse, to handle the runoff from storms of longer duration and severity than the design storm.

e.

The area surrounding a retention or detention basin is recommended to be used as private or public open space and shall be grassed unless the slopes exceed four to one which would require sod.

f.

The Soil Survey of Indian River County published by the U.S. Department of Agriculture, Soil Conservation Service: 1987, shall be the document to determine soil classifications. Such soil classification may be modified by on-site testing and engineering evaluation.

g.

Flood routing analysis for all new local road facilities shall show that the water elevation shall at no time during the design storm duration exceed an elevation that would:

1.

Permit floodwater encroachment outside existing drainage easements or right-of-way for a three-year/24-hour duration storm.

2.

Place more than 20% of the front yard or rear yard area below floodwater elevation any time during a ten-year/24-hour duration storm.

3.

Exceed two inches above the lowest elevation on the centerline profile of the roadway for a 25-year/24-hour duration storm.

4.

Exceed the finished-floor elevation of any structure for a 100-year/three-day duration storm for projects located in a flood hazard area.

h.

All new stormwater discharging into any canal or receiving water body shall be designed to convey the permitted discharge after tailwater conditions are considered.

i.

All bridges shall be designed to pass the 100-year/three-day duration storm event.

j.

All drainage easements shall be sodded.

(10)

Material specifications for culverts and storm sewers. The following pipe materials are acceptable:

a.

Reinforced concrete pipe; aluminum pipe; aluminum pipe arch; or HDPE. Other pipe material may be used if approved for the intended use by the Florida Department of Transportation (FDOT). In private systems, bituminous-coated steel may be acceptable as determined by the city engineer.

b.

Workmanship and pipe materials shall conform to FDOT Standard Specifications, latest edition.

c.

FDOT approved pipe material shall be used under city right-of-way pavement and/or into salt water outfalls. Concrete for reinforced concrete box culverts shall conform to FDOT's Standard Specifications, latest edition.

(11)

Inlets. Design and spacing of inlets shall be in accordance with FDOT's Standard Specifications or the city's standard specifications.

(12)

Drainage structures. All cross drains, driveway culverts, and storm sewers shall have headwalls, flared-end sections, mitered end sections or terminating structures in accordance with city standard specifications or FDOT's Standard Specifications, latest edition. Endwalls, inlets, or other appropriate terminating and intermediate structures, and backflow devices may be required where necessary. Exfiltration systems shall be equipped with clean-outs at all terminating points. Mitered ends for culverts shall be no greater than three to one slope. Culverts for driveways shall be sized by the engineer for the project to adequately handle runoff. The elevation shall be included in the designs.

(13)

Temporary ponding. Temporary ponding is allowable in areas specifically designed with high percolation rates so that ponding does not last more than eight hours.

(14)

Major road crossings. Materials used in drainage facilities which cross, traverse, or encroach major roads as depicted on the city thoroughfare plan shall be of FDOT approved materials and designed for a 50-year life.

(15)

Stormwater facilities. All stormwater facilities shall be established in dedicated water management tracts, easements or specified common areas. Condominium documents, deed restrictions or other legally binding instruments shall describe the location of such areas, specifically define the mechanism for preservation and maintenance of any private drainage systems, and shall appoint an entity responsible for maintenance and preservations. All water management tracts shall include maintenance access around the perimeter of the maintenance berm, the top of which may be level or have a slope not steeper than eight feet horizontal to one foot vertical slope and a minimum 15 feet wide, completely around and outside the area submerged by the designed stormwater elevation and connecting with an ingress-egress easement or public right-of-way, a minimum of 15 feet wide, for access if lots or tracts are to be under separate ownership. Common areas properly dedicated for access and maintenance of drainage facilities will meet this requirement if an owner's association is properly established. Open channels and swales, shall be located within an easement with a minimum 15-foot width for access and maintenance for single-family residential development. Retention and detention facilities above and below the designed high water elevation shall be graded to slopes not steeper than four feet horizontal to one foot vertical, or a properly designed retaining wall shall be used. Dry retention slopes and wet retention slopes above the designed low water elevation shall be grassed or otherwise stabilized. Retention or detention ponds with an area having more than two feet of water at design storm or a permanent pool with the exception of ponds, or lakes, in public parks, golf courses, or in developments in which the pond, or lake is designed to serve as an aesthetic amenity to the development, shall be fenced with a minimum four-foot high fence.

(16)

Master stormwater management plan. In watershed areas where the city has an adopted master stormwater management plan, all proposed facilities shall be in conformance with the adopted plan.

(17)

Receiving stormwater systems. Stormwater systems connected to any local, regional or state drainage district system shall be designed with consideration given to the capacity of the overall system and shall be compatible with the objectives of each respective jurisdiction.

(18)

Runoff. Rainfall runoff from roads, parking lots, roofs, and other impervious surfaces shall be directed to areas where percolation into soil can be accomplished prior to introduction into any off-site receiving facilities. Pervious areas on line shall be covered with grass or suitable ground cover that has effective filtering characteristics.

(19)

No adverse impact. The stormwater management system shall handle all stormwater that flows into, through and from the project without creating adverse impacts on other lands served by the stormwater management system or by the receiving waters relative to flooding, erosion hazards, or water quality and quantity.

(20)

Flood hazard zone. The applicant shall demonstrate that the development project is not in a flood hazard zone including area of shallow flooding, area of special flood hazard, coastal high hazard area and floodway.

These areas may be identified through flood hazard studies and delineated on the official flood hazard map. Current maps and supporting information may be inspected at the planning and management department or city engineer's office. The city engineer shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a federal, state, or other source, as criteria for requiring that new construction, substantial improvements, or other development in a flood hazard zone comply with the standards for flood protection set forth in this article.

(21)

Outstanding Florida waters. No permit required by this article shall be issued for any development which is designed to discharge directly into, or through an outfall discharging into "Outstanding Florida waters" designated by Florida Statutes, unless the system is designed in accordance with the following criteria and the criteria of the S.J.R.W.M.D., in addition to all the other criteria stated in this article:

a.

Runoff from roads, parking lots, roofs, and other impervious surfaces shall be directed to grass swales prior to entering a detention system unless off-line treatment or central treatment is provided.

b.

The system shall be designed in a manner complying with the requirements of the Florida Administrative Code, as amended from time to time, and applicant shall provide DEP documentation and proof of such compliance.

(22)

Existing developments. Provisions applying to existing development:

a.

When existing paved Local roads are being resurfaced, or rebuilt the crown of the road shall be raised to the minimum elevation of the two-year/24-hour duration storm event. The center two lanes of a rebuilt arterial or collector road shall be at a minimum elevation of the ten-year/24-hour duration storm event.

b.

All sites currently developed, required for any reason to get a major site plan approval, or modification of an existing land development permit must have a stormwater management system conforming to the provisions of this article for the area being redeveloped.

c.

All sites being redeveloped and required to obtain major site plan approval, or modification of an existing land development permit shall meet water quality level of service as required by this article for the area being redeveloped.

(b)

Required information for Type A surface water management permit application. A detailed description and drawing (scale one inch equals 50 feet or larger) of the proposed stormwater management system shall be submitted to the city engineer by a Florida registered engineer or, for any development project constructed on a site of one acre or less, a Florida registered architect as long as any engineering service involved in the design is purely incidental to the architect's practice, as provided for in section 481.229, F.S., as may be amended from time to time. The following information shall be required:

(1)

Hydrologic data including design rainfall, project drainage area, tributary off-site drainage area, existing and proposed impervious area and soil characteristics including depth to seasonal high water table. Soil borings at 400 feet spacing to a depth of six feet shall be provided. Alternate representative soil profiles may be used if approved in writing by the city engineer and if demonstrated to be from a reliable and generally recognized source. A one-foot contour interval of the development shall be provided. The delineation of the latter area shall be satisfactory to the city engineer. Justification for wet season water table elevations shall be provided.

(2)

Hydrologic calculations for determining existing and proposed stormwater runoff.

(3)

Hydraulic data including receiving water stages, stage-storage and stage-discharge data for proposed retention and/or detention facilities, and percolation test data as per the following procedure:

a.

The test holes shall be located as close as possible to the proposed location of exfiltration trench or other percolation facility (vertical and horizontal) and, if critical, to a depth two feet below the water table (MSL) at the time of the test.

b.

A hole for each test of approximately 12 inches diameter (or as required for a maximum clearance of one-half inch between the hole and the test casing) is excavated to the required depth and the casing is lowered into the hole with a minimum of 12 inches extending above the surface of the grade.

c.

The test casing shall consist of a pipe that is at least eight inches in diameter with perforations in approximately the bottom 75% of the length as measured from the surface. The bottom of the casing shall be pointed. Exfiltration increments shall be measured with a suitable gauging device.

d.

Fill the test bore to six inches above the surface of the existing grade and run test no later than two hours after level has exfiltrated to below surface of existing grade. In all cases test runs are to start only after the first two inches exfiltrated. If a dry season condition exists, the test shall begin when the soil is moist and a wet season is simulated.

e.

Run tests for at least 30 minutes and record at least the date, weather, project name, test run by, test number, location on site, sketch of hold and casing, groundwater conditions, incremental drop and time, and subsurface soil information. Information shall be tabulated and attested to by a registered professional engineer licensed to practice in the State of Florida. The city engineer must be notified at least 24 hours in advance of the tests being conducted and reserves the right to witness the test procedure. Exfiltration rates for designing the site drainage facilities shall be determined by the developer's engineer from these tests based on percolation rate experienced at the elevation of the proposed system using a safety factor of two or greater. Alternate percolation or permeability tests procedures may be used if approved in writing by the city engineer prior to their use.

(4)

Hydraulic calculations for sizing channels, culverts, inlets, retention/detention ponds, pond discharge structures, and determining discharge rates and maximum water surface elevations.

(5)

Erosion and sedimentation control plans, during and after construction.

(6)

Statement of all assumptions and reference sources used in the conduct of the study.

(7)

A certificate from a professional engineer licensed in the State of Florida that the soils are suitable and proper for the uses and purposes of the proposed development; or submission of a plan calling for the removal and replacement of unsatisfactory soils. If the applicant submits a plan for removal and replacement of soils, the applicant shall submit a certificate from a professional engineer, after the removal and replacement of soils has been completed, stating that the new soils are suitable and proper for the uses and purposes of the proposed development. Such certificate shall be furnished to the city engineer prior to the issuance of a certificate of completion.

(8)

Where percolation is proposed, at least one boring per basin shall be submitted. Said borings shall be to a depth of 20 feet below the invert of the basin or to a depth sufficient to locate the groundwater table or impervious soil layer.

(9)

A general description of the manner in which the stormwater management system is to be maintained, indicating who or what entity shall be responsible and by what method the responsibility shall be created and documented.

(10)

A list of all agencies (state, federal or local) having permit jurisdiction for the project. A copy of all state, local, S.J.R.W.M.D., and federal permits shall be submitted prior to issuance of a building permit. In cases where a surface water management permit is required from the S.J.R.W.M.D., identical plans and calculations shall be submitted for review and coordination between the city and the S.J.R.W.M.D. The engineer of record shall certify that the S.J.R.W.M.D. permit is based on the identical plans approved by the city prior to the issuance of a land clearing permit or building permit.

(a)

Criteria. When a development project other than a single-family house or duplex is determined to be within a flood hazard zone, a Type B permit shall be required and the project shall be reviewed under the criteria of sections 54-3-12.10 and 54-3-12.15 and must meet the following additional criteria:

(1)

An equal volume of storage capacity must be created for any volume of the regulatory flood that would be displaced by fill or structures, excepting storm surge flood areas along the Indian River.

(2)

The velocity of the regulatory flood must not be adversely altered on any watercourse.

(3)

All structures, including buried storage tanks, must be anchored as necessary to resist flotation, lateral forces and the impact of floating debris.

(4)

No development will be allowed that poses a significant threat of releasing harmful quantities of pollutants to surface waters or groundwaters during flooding.

(5)

Accessory buildings may be constructed below the flood protection elevation provided there is a minimal potential for significant damage by flooding.

(6)

If any lot in a residential subdivision lies within a flood hazard zone, then the following additional standards apply to approval of the plat:

a.

Each lot must include a site suitable for constructing a residential building in conformity with the standards of this code.

b.

One or more elevation benchmarks must be established and indicated on the plat. Said elevations must be referenced to the NGVD (1929) and shall be calculated to within 0.1 foot.

c.

All prospective agreements for deed, purchase agreements, leases or other contracts for sale or exchange of lots within the flood hazard zone and all prospective instruments conveying title to lots within the flood hazard zone must carry the following flood hazard warning prominently displayed on the document:

FLOOD HAZARD WARNING

This property may be subject to flooding. You should contact local building and zoning officials and obtain the latest information regarding flood elevations and restrictions on development before making plans for the use of this property.

(7)

All roads shall be set at or above the ten-year flood elevation, but in no case shall a road be constructed at an elevation below five feet above sea level. All roads shall be designed to maintain drainage flow beneath the road bed so that equalization may occur.

(8)

If the development project is in a ten-year flood zone, it must be demonstrated that:

a.

The elevation or velocity of the regulatory flood will not be increased as a result of an obstruction or displacement of floodwaters.

b.

There is no significant threat of releasing quantities of pollutants which have the effect of degrading water quality below standards established in Florida Administrative Code, as amended from time to time, to surface or groundwater.

c.

The capacity of the critical flood zone to store and convey surface waters or perform other significant water management functions will not be impaired.

(b)

Required information to be submitted with a Type B permit applications. In addition to the information required for Type A permits in subsection 54-3-12.10(b), an applicant for a Type B permit shall submit to the city engineer all information showing compliance with section the following information:

(1)

Elevation in relation to mean sea level of the proposed lowest floor (including basement) of all structures.

(2)

Elevation in relation to mean sea level to which any nonresidential structure will be floodproofed.

(3)

Provide a certificate from a Florida registered professional engineer or architect that the proposed structure and site work design meets the applicable criteria set forth in this article.

(4)

Description of the extent to which any watercourse will be altered or relocated as a result of proposed development.

(c)

Required information to be submitted by Type B permit applications after issuance of permit.

(1)

Flood elevation. Applicants receiving Type B permits shall provide to the city engineer a flood elevation for flood-proofing certification after the lowest floor is completed, or in instances where the structure is in a coastal high hazard zone, after placement of the horizontal structural members of the lowest floor. Within 21 calendar days of establishment of the lowest floor elevation, or floodproofing by whatever construction means, or upon placement of the horizontal structural members of the lowest floor, whichever is applicable, it shall be the duty of the permit holder to submit to the city engineer a certification of the elevation of the lowest floor, floodproofed elevation, or the elevation of the lowest portion of the horizontal structural members of the lowest floor, whichever is applicable, as built, in relation to mean sea level based on National Geodetic Vertical Datum. Said certification shall be prepared by, or under the direct supervision of, a Florida registered land surveyor or professional engineer and shall be certified by same. When flood-proofing is utilized for a particular building, said certification shall be prepared by or under the direct supervision of a professional engineer or architect and certified by same. Any work done within the 21 calendar day period and prior to submission of the certification shall be at the permit holder's risk. The city engineer shall review the flood elevation survey data submitted and shall respond promptly as to any deficiencies noted. Deficiencies detected by such review shall be corrected by the permit holder immediately and prior to further work being permitted to proceed. Failure to submit the survey, or failure to make said corrections required hereby, shall be cause to issue a stop-work order for the project.

(a)

Criteria. When a single-family house or duplex is determined to be within a flood hazard zone, a Type "C" permit shall be required and the project shall be reviewed under the criteria of section 54-3-12.15 and the finished floor elevation shall be a minimum of 24 inches above the crown of the road.

(b)

Required information to be submitted with a Type C permit applications. An applicant for a type "C" permit shall submit all information showing compliance with section 3-12.11(a) and all information required in section 54-3-12.11(b).

(c)

Required information to be submitted to the city by Type C permit applications after issuance of permit.

(1)

Flood elevation. Applicants receiving Type C permits shall provide to the city engineer a flood elevation for floodproofing certification after the lowest floor is completed, or in instances where the structure is in a coastal high hazard zone, after placement of the horizontal structural members of the lowest floor. Within 21 calendar days of establishment of the lowest floor elevation, or floodproofing by whatever construction means, or upon placement of the horizontal structural members of the lowest floor, whichever is applicable, it shall be the duty of the permit holder to submit to the city engineer a certification of the elevation of the lowest floor, floodproofed elevation, or the elevation of the lowest portion of the horizontal structural members of the lowest floor, whichever is applicable, as built, in relation to mean sea level based on National Geodetic Vertical Datum. Said certification shall be prepared by, or under the direct supervision of, a Florida registered land surveyor or professional engineer and shall be certified by same. When floodproofing is utilized for a particular building, said certification shall be prepared by or under the direct supervision of a professional engineer or architect and certified by same. Any work done within the 21 calendar day period and prior to submission of the certification shall be at the permit holder's risk. The city engineer shall review the flood elevation survey data submitted and shall respond promptly as to any deficiencies noted. Deficiencies detected by such review shall be corrected by the permit holder immediately and prior to further work being permitted to proceed. Failure to submit the survey, or failure to make said corrections required hereby, shall be cause to issue a stop-work order for the project

(a)

Criteria. All conceptual drainage plans (plot plan) shall meet the following criteria:

(1)

Provide a sketch to show what elevation information and datum is required, and show how slopes are calculated.

(2)

Property grading shall not inhibit drainage of other property.

(3)

Stormwater runoff shall be directed through a proper system, including driveway culvert. Property grading shall not inhibit drainage of other property.

(4)

Stormwater runoff shall not encroach on adjacent properties, except in the proper drainage easement.

(5)

Slopes on the property shall not exceed a maximum of four feet horizontal to one foot vertical.

(6)

The minimum finished floor elevation shall be a minimum of 18 inches above the crown of the adjacent road, unless it can be shown that the natural ground elevations provide adequate control for runoff.

(7)

The city shall determine the size and location of drainage facilities.

(b)

Required Information to be submitted with a Type "D" permit application. Each single-family or duplex home building permit, which is not located in a flood hazard zone, shall submit a conceptual drainage plan, otherwise called a plot plan, to the city. The plot plan shall depict on a survey.

(1)

The size and location of structures, including septic and drain field;

(2)

Tree locations;

(3)

Elevations of the structures;

(4)

Existing topography on property and elevations adjacent to all property lines;

(5)

Location and elevation of ditches, crossdrains, and swales;

(6)

Location and elevation of road;

(7)

Distance to nearest intersection in either direction;

(8)

Location and dimension of the driveway and any other data that may be deemed required by the city engineer;

(9)

Elevations shall be in NGVD (1929) and the benchmark shall be shown or location described for reference.

(c)

No changes to the plot plan will be allowed without approval of the revisions by the city engineer.

(d)

The city engineer shall place onto the plot plan the elevations, and size and location of drainage culverts constructed or other structures as may be necessary to construct the drainage system and meet the requirements of this section. If insufficient data is available on the plot plan or adjustments to the structures would be required in order to issue the permit, the city engineer shall return the plan unapproved to the applicant for revision and resubmission.

(e)

All plot plans shall be approved by the city engineer prior to the issuance of a land clearing or building permit. The city engineer shall approve any revisions to the approved conceptual plan.

(a)

Preliminary permit application. Any person who is in doubt as to whether a proposed activity requires a permit under this section may request a review by the city engineer upon completion of a preliminary application form supplied by the public works department. No fee may be charged for the preliminary application. The preliminary application form shall be filed by the owner/applicant and shall contain the following elements:

(1)

A location map; and

(2)

A statement and sketch expressing the intent and scope of the proposed project. The completed preliminary application shall be submitted to the city engineer for review. Within ten working days after submission of the complete preliminary application, the city engineer will notify the applicant that either the project is exempt or that a formal permit application must be filed for the project.

(b)

Review procedures for Type A or B permit applications. If a Type A or Type B permit is required for the project, a pre-application conference shall be held. This pre-application conference shall be held concurrent with the required pre-application conference for a site plan or subdivision approval. The applicant shall provide a description of the proposed drainage plan and a survey of the property.

The application for a Type "A" or "B" permit shall be submitted at the time of submission of a site plan approval application for a site plan or prior to the application for a construction permit for a subdivision. The applicant shall furnish all required stormwater management information, together with flood protection information, if applicable, to the city engineer on forms furnished by the public works department.

The requirements of this chapter shall be reviewed during the site plan or subdivision review process if the project would otherwise require site plan or subdivision review. If such a review is not required, the city engineer shall review the application and render a decision.

(c)

Review procedures for Type C or D permit applications. If a Type C or D permit is required for the project, the applicant shall furnish all necessary flood protection information to the city engineer on forms furnished by the public works department. The application shall be reviewed by the city engineer within ten working days of receipt of the application.

No permit shall be approved if such development will result in an increase in the elevation of the regulatory flood, additional threats to public safety, extraordinary public expense, nuisance impacts, or violation of the public interest, or local ordinance.

Editor's note— Ord. No. O-11-03, § 1, adopted April 13, 2011, repealed § 54-3-12.15, which pertained to flood damage prevention and derived from Ord. No. O-00-15, § 1, adopted June 14, 2000.

Editor's note— Ord. No. O-11-03, § 1, adopted April 13, 2011, repealed § 54-3-12.16, which pertained to administrative duties and derived from Ord. No. O-00-15, § 1, adopted June 14, 2000.

Editor's note— Ord. No. O-11-03, § 1, adopted April 13, 2011, repealed § 54-3-12.17, which pertained to variances and derived from Ord. No. O-00-15, § 1, adopted June 14, 2000.

(a)

In the event the city engineer determines a violation exists, a written notice of violation shall be issued to the owner of the property with a copy provided to the code enforcement division. The notice shall contain:

(1)

The name and address of the owner.

(2)

The street address when available or a description of the building or land upon which the violation is occurring.

(3)

A statement specifying the nature of the violation.

(4)

A description of the remedial actions necessary to bring the development into compliance and a time schedule for completion of such remedial action.

(5)

A statement of the penalty or penalties that may be assessed against the person to whom the notice of violation is directed.

(6)

A statement that the city engineers determination of violation may be appealed to the city's board of adjustment by filing a written notice of appeal within 30 days or the period of time specified in subsection (4) above, whichever is less.

(b)

The notice of violation shall be served in the same manner as a code violation provided for in chapter 2, Code of Ordinances.

(c)

If the violation is not corrected in the specified time then the matter shall be turned over to the code enforcement staff for action. The notice required in this article shall be deemed to be sufficient for notice of violation required in chapter of the Code of Ordinances.

(a)

The minimum standards for landscaping set forth in this article shall be applicable to all new construction, as well as development activity otherwise requiring updated code compliance.

(b)

It shall be unlawful for any person, directly or indirectly, to cut down, destroy, remove, relocate or effectively destroy through damaging any protected, specimen or historic tree situated on any real property or clear any lot or acreage located within the city without first obtaining a permit as provided within these provisions.

(Ord. No. O-05-18, § 1, 10-16-2005)

The removal of a "historic tree", as designated by resolution of the city council, requires a removal permit approved by the city council; however, historic tree(s) determined to be a hazardous tree(s) by the city manager or his designee which requires immediate action may be removed. All reasonable measures and alternatives shall be explored to avoid the removal of a historic tree.

(Ord. No. O-05-18, § 2, 10-16-2005)

Mangroves shall not be removed except as provided by this section. Mangroves may be pruned provided that the pruning does not result in the death or decline of the mangrove and is in compliance with state law. A permit may be issued for the removal of a mangrove only to provide access to a dock or pier when there are no practical or permitable alternatives.

(Ord. No. O-05-18, § 3, 10-16-2005)

All undesirable exotic vegetation must be removed by the developer or property owner at the time of clearing, construction or redevelopment. Undesirable exotic vegetation shall not be used in any way to meet the tree or landscape requirements of the land development code. Undesirable exotic vegetation may be removed without a permit after receiving verification from the city manager or his designee.

Under no circumstances shall any of the following five tree species be deliberately introduced into the city and planted on public or private property. Any such action shall be deemed a violation of this article and shall also be deemed a public nuisance.

(1)

Ear tree (Enterolobium Cyclocarpum).

(2)

Chinaberry (Melia Azedarch).

(3)

Australian Pine (Casuarina Spp).

(4)

Punk Tree or Cajeput Tree (Melaleuca Quinquernervia or Melaleuca Leuadendron).

(5)

Brazilian Pepper (Schinus Terebinthifolius).

(Ord. No. O-05-18, § 4, 10-16-2005)

The following trees shall be utilized in fulfilling the requirements of this article for planting or replacing trees:

(1)

Bald Cypress (Taxodium distichum).

(2)

Live Oak (Quercus mytifolia)—Not desirable to plant near septic tanks.

(3)

Laurel Oak (Quercus laurifolia)—Not desirable to plant near septic tanks.

(4)

Red Maple (Acer rubrum).

(5)

Slash Pine (Pinuls elliottii).

(6)

Southern Magnolia (Magnolia grandiflora).

(7)

Southern Red Cedar (Juniperus silicicola).

(Ord. No. O-05-18, § 5, 10-16-2005)

(a)

Application before certain activities; provision of homeowner's packet; replacement of certain trees. Prior to grubbing, land clearing or removing any protected trees within the city limits of Sebastian, a person shall make application to the city for the appropriate permit.

The department shall provide to each permit applicant a "homeowner's packet" that includes, at a minimum, information and techniques relating to the protection of trees during land preparation for construction or construction activities. The owner of the lot must sign the application which acknowledges receipt of a "homeowner's packet" regarding tree protection.

All protected and historic trees destroyed or removed without a permit shall be replaced by a tree with a minimum height of 12 feet. The cost of replacing unlawfully removed trees shall be incurred by the party responsible for the removal or destruction.

(b)

Tree protection barricades. Prior to development or construction activity, the developer shall erect suitable brightly colored tree protection barricades, a minimum four feet tall, around all trees to be preserved and shall remain in place until the construction activities are completed. The area within the tree protection barricade shall remain free of all building materials, dirt or other construction debris, vehicles and development activities. Barricades shall be erected at a minimum distance from the base of the trees to be preserved according to the following standards:

(1)

For trees ten inches or less DBH. Tree protection barricades shall be placed a minimum distance of five feet from the base of each tree to be protected.

(2)

For historic trees and trees greater than ten inches DBH. Protective barricades shall be placed at a minimum distance of ten feet from the base of each tree to be protected plus an additional one foot for each additional inch DBH greater than ten inches.

Changes to grade or construction of impervious surface or utilities within the required protective barricade shall be permitted subject to the following guidelines:

a.

Changes in grade or construction within the protected zone must be approved by the city manager or his designee prior to beginning construction. Plans must be submitted which illustrate in detail protective measures necessary to protect the trees.

b.

Impervious surfaces shall maintain minimum clearance from the bases of all trees to be protected. Trees fifteen inches DBH or less shall have a minimum clearance of six feet. Trees over 15 inches DBH up to 20 inches DBH shall have a minimum clearance of nine feet. Historic and trees over 20 inches DBH shall have a minimum clearance of 12 feet.

c.

All roots outside the protective barricade to be removed during construction shall be severed clean.

d.

All pruning of historic and specimen trees shall be done by a qualified tree service during construction.

(c)

Restriction of attachments to trees. It shall be unlawful to attach anything to a protected, historic, or specimen tree other than supportive wires, braces or other similar noninjurious materials.

(d)

Removal of material or ground prohibited. It shall be unlawful to remove any material or ground within a ten-foot radius of any historic or specimen tree without a clearing permit.

(e)

Restriction as to harmful materials. The developer or property owner shall not cause or allow the disposal of waste material such as paint, oil, solvents, asphalt, concrete, mortar or any other material harmful to the life of a protected, specimen or historic tree within the dripline of such tree or groups of trees.

(Ord. No. O-05-18, § 6, 10-16-2005)

(a)

Grubbing. The application for a grubbing permit shall be filed with the city on forms furnished by the city manager or his designee. The application shall include a copy of the recorded deed indicating the current owner. The city shall then inspect the site for protected trees, historic trees, specimen trees, or mangroves.

A grubbing permit does not authorize the removal of any protected, specimen, or historic trees, or mangroves.

(b)

Tree removal and land clearing permit. All lands within the city are required to obtain a permit for protected tree removal, grubbing or land clearing. The application for such a permit shall be filed with the building department on forms furnished by the city manager or his designee. Any applicant for a protected tree removal, grubbing or land clearing permit must submit a plot/site plan showing the location of all protected, specimen and historic trees and which provides the city with reasonable assurances of compliance with the minimum tree requirements and the protection of historic or protected trees or mangroves.

The plot/site plan that is submitted with an application for a protected tree removal, grubbing or land clearing permit shall include as a minimum the following information:

(1)

Location of all present and proposed structures, driveways, parking areas and other planned areas.

(2)

Location and kind of all protected trees, all specimen trees and all historic trees.

(3)

Recorded deed indicating the current owner.

(4)

Species and size of trees to be removed.

The staff shall then inspect the site for protected trees, historic trees, specimen trees, or mangroves. The following criteria for removal of protected trees shall be used:

a.

Necessity to remove trees which present a hazard or other unsafe condition to people, vehicular traffic or threaten to cause disruption to public services or public easements.

b.

Necessity to remove trees which present a hazard to structures or other improvements.

c.

Necessity to remove diseased or fallen trees or trees weakened by age, storm, or fire.

d.

The extent to which tree removal is likely to result in damage to the property of others, public or private, including damage to lakes, ponds, streams or rivers, drainage canals or swales.

e.

Proposed landscaping improvement including plans whereby the applicant has planted or will plant trees to replace those that are proposed to be cleared.

f.

Good forestry practices; i.e., the number of healthy trees that a given parcel of land will support.

g.

Necessity to remove trees in order to construct proposed improvements to allow economic use of the property, including:

1.

Need for access around the proposed structure for construction equipment (maximum of ten feet).

2.

Need for access to the building site for construction equipment.

3.

Essential grade changes.

h.

Topography of the land and the adverse impact of tree removal on erosion, soil retention and the diversion or increased flow of surface water, which is necessary to use the land while conserving natural resources.

i.

Must be removed in order for the applicant to use the property for any use permitted, conditional or special use for the zoning district in which the property is located and that such a use could not be made of the property unless the tree is removed. Alternative site plans shall be considered to determine if the specimen trees can be saved without the removal or damaging of the trees.

j.

That the conditions of the tree with respect to disease, danger of falling or interference with utility services is such that the public health, safety or welfare require its removal. When there is a question of tree hazard, the building director may require documentation or certification from an arborist who has been certified by the International Society of Arboriculture.

Upon making a finding that a reasonable balance of the factors above indicates that the public interest is best served by allowing removal, the city manager or his designee shall issue a land clearing permit for the removal of a protected tree. The tree(s) approved for removal shall be replaced as follows:

i.

Protected trees: On a one-for-one basis, by a tree equal to Florida grade number 1 or greater, having a minimum height of eight feet and a minimum diameter of one and one-half inches or a circumference of 4.7 inches DBH, as defined by nursery standards established by the State of Florida, Department of Agriculture and Consumer Affairs, up to the number of trees required to meet the minimum tree requirements for new construction.

ii.

Specimen trees: On a one-for-one basis, by a tree equal to Florida grade number 1 or greater, having a minimum height of 12 feet and a minimum diameter of two and one-half inches or a circumference of 7.8 inches DBH, as defined by nursery standards established by the State of Florida, Department of Agriculture and Consumer Affairs, up to the number of trees required to meet the minimum tree requirements for new construction.

iii.

Sabal palms (Sabal palmetto, cabbage palms): Sabal palms having a clear trunk six feet or greater (measured from existing grade to bottom of lowest fronds) shall be replaced on a one-for-one basis by Sabal palms having at least six feet clear trunk, up to the number of trees required to meet the minimum tree requirements for new construction.

Applicant shall post a copy of the permit at the site prior to commencement of grubbing, tree removal or land clearing. Permitted activities may only be undertaken between the hours of 8 a.m. and 5 p.m., Monday through Friday, and not during holidays in which city hall is closed. In the event of questionable activities during other times, enforcement personnel shall order the activities to cease and desist until the matter can be resolved during regular business hours.

(c)

If any inspection of the site indicates the presence of gopher tortoises, the applicant shall be required to obtain the necessary permits from the State of Florida prior to issuance of a permit hereunder.

(Ord. No. O-05-18, § 7, 10-16-2005)

All areas of residential lots not covered by a building or impervious surface shall be grassed, sodded, seeded or fully covered with landscape rocks, except for landscaped areas including protected existing natural vegetation. Landscaped areas shall be mulched, rocked or planted with a ground cover to prevent soil erosion. Water bodies such as lakes, ponds, wetlands, or waterways are exempt from this requirement. Further, a yard may be exempted if the owner submits a landscape plan utilizing accepted principles of xeriscaping.

(Ord. No. O-05-18, § 8, 10-16-2005)

(a)

Required trees.

(1)

All residential lots shall have the following minimum number of trees:

(2)

Required trees shall be equal to Florida grade number 1, or greater, as defined by nursery standards established by the State of Florida, Department of Agriculture and Consumer Affairs.

(3)

Tree credits. All existing trees that meet the following criteria may be applied towards meeting the minimum number of trees as required in subsection (a)(1) above.

a.

Existing trees.

b.

Sabal Palm trees may be utilized on a one-for-one credit basis.

c.

To encourage tree-lined streets, new trees, other than palms, planted in the front yard setback shall receive credits as outlined above. No more than two trees may be used for this requirement.

d.

Limitations. Citrus trees may be used, provided that none is less than four feet in height and the number shall not exceed three or comprise more than 25%, whichever is greater, of the required minimum number of trees on the lot. If palms are used, they shall constitute no more than 35% of the total tree requirement and shall have a minimum of six feet of clear wood.

(b)

Certificate of occupancy. The required number of trees shall be planted prior to the issuance of a certificate of occupancy for new residences. Each lot owner where a residential unit is located must maintain on the lot a sufficient number of trees to comply with the requirements in this section. Any tree which dies must be replaced within 30 days.

(c)

Maintenance requirements. Landscape areas shall be permanently maintained including watering, weeding, pruning, trimming, edging, fertilizing, insect control, and replacement of plant materials and irrigation equipment as needed to preserve the health and appearance of plant materials.

Maintenance of landscaping shall be the responsibility of the owner, tenant or agent, jointly and severally. Said landscaping shall be maintained in a good condition so as to present a healthy, neat and orderly appearance. All landscaped areas shall be kept free of weeds, refuse and debris.

If at any time after issuance of a certificate of occupancy or other form of approval, the landscaping of a development to which this article is applicable is found to be in nonconformance, the city manager or his designee shall issue notice to the owner that action is required to comply with this section and shall describe what action is required to comply. The owner, tenant or agent shall have 30 days to restore the landscaping as required.

(Ord. No. O-05-18, § 9, 10-16-2005)

All multifamily, commercial, industrial and institutional sites shall meet the following requirements.

(1)

Trees along public streets. One tree for each 25 lineal feet or fraction thereof along all public streets, with a minimum of two trees on any one street frontage.

(2)

Tree requirement along perimeter not adjacent to the right-of-way. One tree for each 35 lineal feet or fraction thereof of the perimeter of the property not adjacent to public streets.

(3)

Tree requirements for off-street parking areas. There shall be one tree for every five parking spaces or fraction thereof.

(4)

Tree specifications for open space. Open space shall include all required open space in this code, as identified in the approved site plan. Such open space areas shall not include water areas. This requirement may be modified or waived by the planning and zoning commission for open areas that are inappropriate for the introduction of trees. There shall be one tree per 2,000 square feet, or portion thereof, of open space.

(5)

Location of tree plantings. Trees, as required above, should be spaced in clusters or situated in strategic locations consistent with good principles of design and plant installation with consideration for utilities, stormwater management, and potential root damage to sidewalks and vehicular areas.

(6)

Credit for existing trees. Credit shall be granted for exceptional quality trees which are preserved on a site and which meet the tree requirements of any landscaping provision of this article. All existing trees that meet the following criteria may be applied towards meeting the minimum number of trees as required in this section.

a.

Existing trees:

b.

Palm trees may be utilized on a one-for-one credit basis.

Exceptional quality shall be judged on the basis of such factors as extraordinary size of tree, vigorous health, large canopy cover, historic value, rareness, and age. No credit will be granted for preserved trees which are classified as undesirable, are extremely poor specimens or which are in declining health.

(Ord. No. O-05-18, § 10, 10-16-2005)

(a)

General requirements for landscaped areas. Landscaped areas shall include a combination of the following types of materials: trees, shrubs, annuals and/or perennial plants, vines, and/or ground cover. No more than 50% grass shall be used in the landscape area. The use of existing native vegetation including ground cover, shrubs, and trees, is strongly encouraged. These standards shall also be used in conjunction with the installation of the required interior landscape off-street parking requirements established herein.

The following are common planting design concepts that should be implemented whenever possible:

(1)

Trees used in informal groupings and rows at major focal points.

(2)

Extensive use of flowering vines both on walls and arbors.

(3)

The use of planting to create shadow and patterns against walls.

(4)

Trees to create canopy and shade, especially in parking areas.

(5)

The use of flowering trees in informal groups to provide color.

(6)

Informal massing of colorful plantings.

(7)

Use of distinctive plants as focal points.

(8)

Berms, plantings, and low walls to screen parking areas from view of public right-of-way while allowing filter views of larger buildings beyond.

(9)

The use of trees and plantings to reduce the apparent mass of a building. Inanimate materials commonly used in landscaping such as, but not limited to organic mulches, rocks, pebbles, walls and fences, but excluding paved surfaces, may also be utilized in landscaped areas. Pervious, decorative paving materials and brick pavers may be used in the form of walkways or driveways through landscaped areas; however, off-street parking area paved with such materials shall not be considered landscaped areas. All landscape areas shall be covered by a minimum of 75% living plant material prior to issuance of the certificate of occupancy.

If an existing landscape strip is provided on the adjacent lot, the required landscape strip may be reduced to five feet in width upon the recommendation of the planning and growth management director and approval of the planning and zoning commission.

(b)

Perimeter landscape strip. A landscape strip shall be provided on the entire perimeter of all multifamily, commercial, industrial and institutional property, except properties with zero-foot setbacks. The landscape strip shall be a minimum of ten feet in width; however, property having a width or depth of 50 feet or less, the required landscape strip may be reduced to five feet in width. Necessary accessways from public rights-of-way or adjacent parcels through such landscape strip shall be permitted. Landscape strips located in easements may be adjusted upon the recommendation of the planning and growth management director and city engineer.

Any combination of hedges, landscaped berm or ground cover shall be planted or installed along the entire length of each required landscape strip. In all multifamily residential or commercial districts, the barrier, hedge, or landscape berm shall be a minimum of four feet in height; except in commercial districts, where the barrier, hedge or landscaped berm along street rights-of-way shall be a minimum of three feet in height. In addition, there shall be a minimum of one shrub for each six lineal feet of the required landscape strip. Said shrubs may be planted in groupings.

When the required perimeter landscape strip coincides with a required off-street parking or parking lot landscaping strip, the perimeter landscaping requirements shall prevail, except a continuous hedge shall be required. In no case shall a landscape strip be required to exceed ten feet in width.

(c)

Interior landscape requirements.

(1)

Off-street parking areas. Off-street parking areas shall be landscaped with a minimum of 15 square feet of landscape area for each parking space. Each landscape area shall be a minimum of 50 square feet in size.

(2)

Use of interior landscape strips. Interior parking landscaping shall, insofar as possible, be used to delineate and guide major traffic movement within the parking area and to prevent cross space driving wherever possible. Landscaping dividing strips, with or without walkways, shall be used to subdivide parking areas into parking bays with not more than 30 spaces, provided that no more than 15 spaces shall be in an uninterrupted row. A portion of the required landscaping for interior parking spaces may be relocated so as to emphasize entrance corridors or special landscaped areas within the general parking area.

(d)

Parking lot landscaping requirements. Landscaping shall be provided around the perimeter of off-street parking areas, loading areas, or other vehicular use areas pursuant to the following standards:

(1)

A landscape strip at least ten feet in width shall be located between the abutting property lines and parking, loading or other vehicular use area except where permitted driveway openings are to be provided. Where drainage or other utility easement exist along property lines, the landscape strip shall be located between the parking, loading or other vehicular use area and the utility or drainage easement. Landscape strips located in easements may be adjusted upon the recommendation of the planning and growth management director and city engineer.

(2)

A hedge shall be planted within the landscape area and shall be a minimum of three feet in height and form a solid and unbroken visual screen immediately upon planting.

(3)

Parked vehicles may overhang a landscape strip no more than 24 inches, provided curbing or other wheel stops are installed to insure no greater overhang of the landscape strip. Landscaping, walls, fences, and earthberms shall be so located as to prevent their damage and/or destruction by overhanging vehicles.

(e)

Specifications for living plant materials.

(1)

Trees. Immediately after planting, all trees shall be a minimum of eight feet in height, have a minimum diameter of one and one-half inches or a circumference of four and seven-tenths inches DBH, and shall have a minimum of five feet of clear trunk space if necessary to preserve a safe sight distance for traffic safety. Trees shall be of a species having an average mature crown of greater than 20 feet and having trunks that can be maintained with over six feet clear wood. Trees or palms having an average mature crown spread of less than 20 feet may be substituted by grouping the same so as to create the equivalent of a 20-foot crown spread. Such a grouping shall count as one tree toward meeting the tree requirement for any provisions herein.

Fifty percent of the trees shall be native and drought tolerant.

If palms are used, they shall constitute no more than 35% of the total tree requirements for any provisions herein and shall have a minimum of six feet of clear wood.

No tree species shall account for more than 50% of the total number of trees.

(2)

Shrubs and hedges. Shrubs and hedges shall be used to complement the tree planting. Individually planted shrubs shall be a minimum of 24 inches in height immediately after planting. Shrubs planted for required hedges shall meet the minimum height requirements as established herein immediately after planting. Additionally, whenever possible all shrubs and hedges shall be planted in offset rows in order to create a more immediate visual barrier.

(3)

Groundcovers. Groundcovers are plants that normally reach a mature height of no more than 24 inches. Rooted cuttings from flats shall be planted no more than 12 inches on center, and containerized woody shrub groundcovers shall be planted no more than three feet on center. Groundcovers shall be planted in such a manner as to present a finished appearance and 100% coverage within one year after the issuance of the certificate of occupancy.

(4)

Vines. Vines shall be a minimum of 30 inches in height immediately after planting and may be used in conjunction with fences, screens and walls to meet physical barrier requirements.

(5)

Lawn grass. Grass areas shall be planted in species normally grown as permanent lawns in the vicinity of the City of Sebastian, Florida. Grass areas may be sodded, plugged, sprigged or seeded except that solid sod shall be used in swales or other areas subject to erosion. When grass seed is sowed it shall be a variety of seed that produces complete coverage within 90 days from sowing.

(6)

Quality. All plant materials shall conform to standards for "Florida No. 1" or better, as stated in "Grades and Standards for Nursery Plants," Part I (1973) and Part II (1975), State of Florida, Department of Agriculture and Consumer Affairs, as amended. Grass sod shall be clean and reasonably free of noxious pests or diseases.

(7)

Synthetic plants. Synthetic or artificial material in the form of trees, shrubs, ground covers or vines shall not be used in lieu of plant requirements in this article.

(f)

Existing native vegetation. The site plan shall include a description of the existing, natural vegetation. The natural vegetation should be incorporated into the landscape plan. Where such natural vegetation is to be used, protective barriers shall be installed prior to land clearing.

(g)

Protection of landscape strips. All landscape strips shall be protected from vehicular encroachment by raised curbing. Where such strips abut parking stalls, raised wheel stops shall be required to protect the landscape strips.

(h)

Berms. Berms are encouraged for use in meeting the landscape barrier requirements of this article. If berms are utilized, they shall be landscaped with living plant material to achieve the required heights.

(i)

Maintenance requirements. Landscape areas shall be permanently maintained including watering, weeding, pruning, trimming, edging, fertilizing, insect control, and replacement of plant materials and irrigation equipment as needed to preserve the health and appearance of plant materials.

Maintenance of landscaping shall be the responsibility of the owner, tenant or agent, jointly and severally. Said landscaping shall be maintained in a good condition so as to present a healthy, neat and orderly appearance. All landscaped areas must be equipped with an irrigation system approved by the city engineer. All landscaped areas shall be kept free of weeds, refuse and debris.

If at any time after issuance of a certificate of occupancy or other form of approval, the landscaping of a development to which this article is applicable is found to be in nonconformance, the building director shall issue notice to the owner that action is required to comply with this section and shall describe what action is required to comply. The owner, tenant or agent shall have 30 days to restore the landscaping as required.

(Ord. No. O-05-18, § 11, 10-16-2005)

(a)

Landscape plan components. A landscape plan shall be submitted to and approved by the growth management department as part of the site plan application. The landscape plan shall contain the following:

(1)

Name, address and phone number of the owner and landscape architect or other person with similar qualifications in the field of landscape design.

(2)

North arrow, scale and date; minimum scale of one inch equals 50 feet.

(3)

Property lines, easements and rights-of-way with internal and property line dimensions.

(4)

Location of existing or proposed underground and overhead utility service.

(5)

Location and size of any existing or proposed structures.

(6)

Location and size of any existing or proposed site features, such as earthen mounds, swales, fences, walls and water areas.

(7)

Location and size of any existing or proposed vehicular use areas.

(8)

Location and size of any existing or proposed sidewalks, curbs and wheel stops.

(9)

A description of the irrigation system as required by section 54-3-14.13.

(10)

Calculations of required type, dimensions and square footage of landscape material and of required landscape areas, including: Total site area, parking areas, percentage of nonvehicular open space, perimeter and interior landscape strips, and required number of trees.

(11)

Location, dimensions and square footage of required landscape areas.

(12)

Location, name, height and size of all existing plant material to be retained.

(13)

Location, size, height and description of all landscape material including name, quantity, quality, spacing and specified size and specification of all plant material.

(14)

Height, width, type, material and location of all barriers of nonliving material.

(15)

Location, dimensions and area of landscaping for freestanding signs.

(16)

Show all landscaping, buildings or other improvements on adjacent property within five feet of the common property line.

(17)

If the site has been filled, identify what soil improvements will be implemented to ensure the viability of the landscaping.

The landscaping plan shall be drawn by a landscape architect or other person with comparable qualification in the field of landscaping.

(b)

Review and approval procedure. Landscape plans shall be reviewed and approved at the time of site plan approval. A representative of the planning and growth management department shall inspect all landscaping and the certificate of occupancy shall not be issued until the landscaping is completed in accordance with the approved site plan and the requirements of this section.

(Ord. No. O-05-18, § 12, 10-16-2005)

All multifamily, commercial, industrial, and institutional sites shall provide a permanent irrigation system for all landscape areas.

(1)

All irrigation systems shall be designed to avoid surface runoff, overspray, or similar conditions where water flows onto adjacent property, non-irrigated areas, walks, roadways, or structures.

(2)

Irrigation systems shall use drip, trickle, low flow sprinkler heads or any other recognized method of low volume, high efficiency irrigation and shall be designed to apply water uniformly over the irrigated area.

(3)

Irrigation systems design flows shall meet peak irrigation requirements of the plant material.

(4)

Sprinkler spacing should not exceed manufacturer's recommendations.

(5)

Special attention shall be given to avoid erosion due to runoff on slopes.

(6)

Rain sensing override devices shall be required on all automatic irrigation systems. Soil moisture sensing devices are encouraged.

(7)

For those sites where the installation of reclaimed water system is feasible and meets all regulatory requirements, such a system shall be installed. Where such reclaimed water is not available, well water should be used. Any irrigation system connected to the drinking water supply shall have a cross connection devices approved by the Indian River County Utilities Department.

(8)

A maintenance plan shall be provided.

(Ord. No. O-05-18, §, 10-16-2005)

(a)

Required screening of abutting residential and nonresidential uses. In order to maintain stability of residential areas, nonresidential development within or abutting residential districts and multiple-family development abutting single-family residential districts shall provide a wall, fence, landscaped earth berm, planted vegetation, or existing vegetation, or any combination thereof so as to provide a continuous 90% opaque solid screen not less than five feet in height to form a continuous screen along such abutting property lines. In addition, one tree shall be provided for each 25 lineal feet or fraction thereof of such landscape barrier. Notwithstanding, all developments shall comply with the landscape requirements of this code. Where a conflict exists with the standards of this paragraph, the more restrictive requirement shall prevail.

Credit may be given for existing plant material against the requirements of this section. Adjustments may be rendered by the planning and zoning commission to the requirements of this paragraph based on demonstrated need by the applicant.

The site plan applicant and successors in ownership shall maintain the continuous screen in perpetuity.

(b)

Applicability of screenings. Any one of the following types of screening may be required by the planning and zoning commission or city council during the site plan review process, for the purpose of minimizing the impact of potentially objectionable areas such as parking lots, major thoroughfares, unsightly rear entrances, utility or maintenance structures, solid waste disposal facilities, loading facilities and swimming pools and active recreational areas. Screening may also be required where land uses of different intensities are located in close proximity to each other.

(c)

Description of screening types. Three (3) basic types of screening are hereby established: Type "A", Opaque Screen; Type "B", Semi-Opaque Screen; and Type "C", Intermittent Screen.

(1)

Type "A" opaque screen. An opaque screen is intended to completely exclude all visual contact between uses. The type "A" screen shall be completely opaque from the ground up to a height of at least six feet, with large trees utilized as intermittent visual obstructions from the opaque portion to a mature height of at least 20 feet. The opaque screen may be composed of a wall, fence, landscaped earth berm, planted vegetation, or existing vegetation, or any combination thereof which maintains a completely opaque screen of at least six feet in height. Compliance of planted vegetation screens or natural vegetation will be judged on the basis of the average height and density of foliage of the subject species at the time of planting, or field observation of existing vegetation. The six-foot opaque portion of the screen must be opaque in all seasons of the year.

(2)

Type "B" semi-opaque screen. The semi-opaque screen is intended to partially block visual contact between uses. The type "B" screen shall be completely opaque from the ground to a height of at least three feet, with large trees utilized as intermittent visual obstructions from the opaque portion to a mature height of at least 20 feet. The semi-opaque screen may be composed of a wall, fence, landscaped earth berm, planted vegetation or any combination thereof which maintains a completely opaque screen of at least three feet. Compliance of planted vegetative screens or natural vegetation will be judged on the basis of average mature height and density of foliage of the subject species, or field observation of existing vegetation.

(3)

Type "C" intermittent screen. The intermittent screen is intended to create the impression of a separation of spaces without necessarily eliminating visual contact between the spaces. The type "C" screen shall utilize large trees having a mature height of at least 20 feet. The intermittent screen may be composed of fences, berms, and either existing or planted vegetation. Compliance of planted vegetation screens or natural vegetation will be judged on the basis of the average mature height and density of foliage of the subject species, or field observations of existing vegetation.

(d)

General standards for screening and buffer yards. In addition to the commercial landscape requirements where the provisions of this article require screening or buffering, the following standards shall apply:

(1)

Landscaped buffer strip required. A landscaped buffer strip not less than ten feet in width shall be provided in conjunction with all screening required herein. The buffer strip may be contained within required setbacks. Each buffer strip shall be landscaped with ground cover (preferably native species) in addition to the required screening materials and trees. The landscape strip shall contain no parking area or stormwater management.

(2)

Tree plantings required as intermittent obstructions. All screen types ("A", "B", or "C") shall include one tree for each 25 lineal feet or fraction thereof of screen length. Such trees shall satisfy the requirements for intermittent visual obstructions for all types of screens.

The above trees are in addition to the trees required under the commercial tree requirements above. All trees required by this provision shall be planted in the buffer strip. Trees shall be planted to maximize screening effect.

(3)

Grading of berms. Whenever berms are utilized, they shall be constructed with a grade not to exceed one foot vertical to three feet horizontal (1:3 slope) with a four-foot wide flat top for plantings. If berms are used in satisfying the screening and buffering requirements, they shall be landscaped with plant material, preferably native, to achieve the required heights.

(4)

Quality and maintenance of plant materials. All plant materials utilized to fulfill the requirements of this section shall be cold tolerant and shall meet criteria of this article. Synthetic or artificial material in the form of trees, shrubs, vines, ground cover or artificial turf shall not be used in lieu of plant requirements in this section.

(5)

Credit towards other required landscaping. Where the landscaping provided under this section meets the requirements of other provisions of this Article, such landscaping may be credited toward fulfilling those requirements, with the exception of any required recreational open space.

(6)

Front yards, visibility triangles. The above standards notwithstanding, no screening shall be required which conflicts with front yard fence or wall height limitations or required visibility triangles.

(7)

Maintenance. Landscape areas shall be permanently maintained including watering, weeding, pruning, trimming, edging, fertilizing, insect control, and replacement of plant materials and irrigation equipment as needed to preserve the health and appearance of plant materials.

Maintenance of landscaping shall be the responsibility of the owner, tenant or agent, jointly and severally. Said landscaping shall be maintained in a good condition so as to present a healthy, neat and orderly appearance. All landscaped areas must be equipped with an irrigation system approved by the city engineer. All landscaped areas shall be kept free of weeds, refuse and debris.

If at any time after issuance of a certificate of occupancy or other form of approval, the landscaping of a development to which this article is applicable is found to be in nonconformance, the building director shall issue notice to the owner that action is required to comply with this section and shall describe what action is required to comply. The owner, tenant or agent shall have 30 days to restore the landscaping as required.

(Ord. No. O-05-18, § 14, 10-16-2005)

(a)

During the period of any emergency proclaimed by the governor of the State of Florida, the city council of the City of Sebastian or the mayor of the City of Sebastian as provided within the City Charter, all requirements of this article may be temporarily suspended by the city manager for the period of time required by private or city work forces to remove hazardous trees or clear public thoroughfares.

(b)

All properly licensed plant or tree nurseries shall be exempt from the provisions of this article only in relation to the trees growing on the premises of the nursery and so planted or growing for the sale or intended sale to the general public in the ordinary course of the licensee's business.

(Ord. No. O-05-18, § 15, 10-16-2005)

(a)

Required screening of abutting residential and nonresidential uses. In order to maintain stability of residential areas, nonresidential development within or abutting residential districts and multiple-family development abutting single-family residential districts shall provide a wall, fence, landscaped earth berm, planted vegetation, or existing vegetation, or any combination thereof so as to provide a continuous 90% opaque solid screen not less than five feet in height to form a continuous screen along such abutting property lines. In addition, one tree shall be provided for each 25 lineal feet or fraction thereof of such landscape barrier. Notwithstanding, all developments shall comply with the landscape requirements of this code. Where a conflict exists with the standards of this paragraph, the more restrictive requirement shall prevail.

Credit may be given for existing plant material against the requirements of this section. Adjustments may be rendered by the planning and zoning commission to the requirements of this paragraph based on demonstrated need by the applicant.

The site plan applicant and successors in ownership shall maintain the continuous screen in perpetuity.

(b)

Applicability of screenings. Any one of the following types of screening may be required by the planning and zoning commission or city council during the site plan review process, for the purpose of minimizing the impact of potentially objectionable areas such as parking lots, major thoroughfares, unsightly rear entrances, utility or maintenance structures, solid waste disposal facilities, loading facilities and swimming pools and active recreational areas. Screening may also be required where land uses of different intensities are located in close proximity to each other.

(c)

Description of screening types. Three (3) basic types of screening are hereby established: Type "A", Opaque Screen; Type "B", Semi-Opaque Screen; and Type "C", Intermittent Screen.

(1)

Type "A" opaque screen. An opaque screen is intended to completely exclude all visual contact between uses. The type "A" screen shall be completely opaque from the ground up to a height of at least six feet, with large trees utilized as intermittent visual obstructions from the opaque portion to a mature height of at least 20 feet. The opaque screen may be composed of a wall, fence, landscaped earth berm, planted vegetation, or existing vegetation, or any combination thereof which maintains a completely opaque screen of at least six geet in height. Compliance of planted vegetation screens or natural vegetation will be judged on the basis of the average height and density of foliage of the subject species at the time of planting, or field observation of existing vegetation. The six-foot opaque portion of the screen must be opaque in all seasons of the year.

(2)

Type "B" semi-opaque screen. The semi-opaque screen is intended to partially block visual contact between uses. The type "B" screen shall be completely opaque from the ground to a height of at least three feet, with large trees utilized as intermittent visual obstructions from the opaque portion to a mature height of at least 20 feet. The semi-opaque screen may be composed of a wall, fence, landscaped earth berm, planted vegetation or any combination thereof which maintains a completely opaque screen of at least three feet. Compliance of planted vegetative screens or natural vegetation will be judged on the basis of average mature height and density of foliage of the subject species, or field observation of existing vegetation.

(3)

Type "C" intermittent screen. The intermittent screen is intended to create the impression of a separation of spaces without necessarily eliminating visual contact between the spaces. The type "C" screen shall utilize large trees having a mature height of at least 20 feet. The intermittent screen may be composed of fences, berms, and either existing or planted vegetation. Compliance of planted vegetation screens or natural vegetation will be judged on the basis of the average mature height and density of foliage of the subject species, or field observations of existing vegetation.

(d)

General standards for screening and buffer yards. In addition to the commercial landscape requirements where the provisions of this ordinance require screening or buffering, the following standards shall apply:

(1)

Landscaped buffer strip required. A landscaped buffer strip not less than ten feet in width shall be provided in conjunction with all screening required herein. The buffer strip may be contained within required setbacks. Each buffer strip shall be landscaped with ground cover (preferably native species) in addition to the required screening materials and trees. The landscape strip shall contain no parking area or stormwater management.

(2)

Tree plantings required as intermittent obstructions. All screen types ("A", "B", or "C") shall include one tree for each 25 lineal feet or fraction thereof of screen length. Such trees shall satisfy the requirements for intermittent visual obstructions for all types of screens.

The above trees are in addition to the trees required under the commercial tree requirements above. All trees required by this provision shall be planted in the buffer strip. Trees shall be planted to maximize screening effect.

(3)

Grading of berms. Whenever berms are utilized, they shall be constructed with a grade not to exceed one foot vertical to three feet horizontal (1:3 slope) with a four-foot wide flat top for plantings. If berms are used in satisfying the screening and buffering requirements, they shall be landscaped with plant material, preferably native, to achieve the required heights.

(4)

Quality and maintenance of plant materials. All plant materials utilized to fulfill the requirements of this section shall be cold tolerant and shall meet criteria of section 54-14.11.(e)(6). of this ordinance. No plant species prohibited pursuant to section 54-14.5 shall be permitted in satisfying requirements of this article. Synthetic or artificial material in the form of trees, shrubs, vines, ground cover or artificial turf shall not be used in lieu of plant requirements in this section. All landscape screening and buffering shall be maintained pursuant to requirements of section 54-14.16 of this ordinance.

(5)

Credit towards other required landscaping. Where the landscaping provided under this section meets the requirements of other provisions of this ordinance, such landscaping may be credited toward fulfilling those requirements, with the exception of any required recreational open space.

(6)

Front yards, visibility triangles. The above standards notwithstanding, no screening shall be required which conflicts with front yard fence or wall height limitations or required visibility triangles.

(7)

Maintenance. Landscape areas shall be permanently maintained including watering, weeding, pruning, trimming, edging, fertilizing, insect control, and replacement of plant materials and irrigation equipment as needed to preserve the health and appearance of plant materials.

Maintenance of landscaping shall be the responsibility of the owner, tenant or agent, jointly and severally. Said landscaping shall be maintained in a good condition so as to present a healthy, neat and orderly appearance. All landscaped areas must be equipped with an irrigation system approved by the city engineer. All landscaped areas shall be kept free of weeds, refuse and debris.

If at any time after issuance of a certificate of occupancy or other form of approval, the landscaping of a development to which this article is applicable is found to be in nonconformance, the building director shall issue notice to the owner that action is required to comply with this section and shall describe what action is required to comply. The owner, tenant or agent shall have 30 days to restore the landscaping as required. If the landscaping is not restored within the allotted time, such person shall be in violation of this code, the punishment for which shall be as provided pursuant to section 1-10 of the City of Sebastian Code of Ordinances.

Editor's note— Ord. No. O-05-18, § 16, adopted Oct. 16, 2005, relocated § 54-3-14.17 to § 2-240 of the Sebastian Code of Ordinances.

Parking shall be provided and maintained in all districts at all times. Parking and loading shall be reviewed at the time any building or structure is erected or enlarged or increased in capacity by a change of use or the addition of dwelling units, floor area, seats, employees or other factors determinative of parking or loading demand as stated in this article.

(Ord. No. O-10-05, § 1, 9-22-2010)

The following uses shall have such parking spaces as designated by this section:

(Ord. No. O-10-05, § 1, 9-22-2010; Ord. No. O-22-06, § 1, 11-21-2022)

In computing the number of required parking spaces the following rules shall govern:

(a)

Floor area calculation. Floor area means the gross floor area of a particular use. Retail area means that floor area accessible by the public.

(b)

Interpretation of computation with fractions. Where fractional spaces result, the number of spaces required shall be construed to be the next whole number.

(c)

Requirements for uses not identified. The parking requirement for any use not specified shall be the same as that required for a use of a similar nature as recognized herein; or where not recognized herein, shall be based on criteria published by the American Planning Association or similarly recognized standards of their profession and such standard shall be approved by the planning and zoning commission.

(d)

Requirements for mixed uses. In the case of mixed uses, the parking spaces shall be equal to the sum of the several uses computed separately.

(e)

Applicability of standards to expanding uses. Whenever a building or use is enlarged in floor area, number of dwelling units, seating capacity or in any other manner so as to create a need for a greater number of parking spaces than that existing, such spaces shall be provided in accordance with this article.

(Ord. No. O-10-05, § 1, 9-22-2010)

(a)

Location of off-street parking spaces.

(1)

Residential. The required parking for single-family and duplex units shall be located on the lot where the structure is located. The garage shall not be counted toward the parking requirement.

(2)

Multifamily. Parking for multifamily residential uses shall be located on-site. Spaces shall be within 150 feet of the door of the unit that the spaces are intended for.

(3)

Model homes. The required parking for a model home shall be located on the same lot as the model, or on a contiguous lot, owned by the contractor or developer, or may be located in the adjacent right-of-way if approved by the city engineer. All parking shall meet the following requirements:

a.

Any parking located on a corner lot shall be designed so as not to obstruct the view of approaching traffic.

b.

Ingress and egress to the parking area shall be a minimum of 30 feet from any corner and a minimum of ten feet from any property line.

c.

The driveway may be counted for two parking spaces.

(4)

Commercial, institutional, industrial zoning districts. Off-street parking spaces required by this section shall be located on or adjacent to the lot on which the main building or use is located, except as specifically provided herein. For buildings or uses located in a nonresidential district, parking spaces may be located on another site, provided such site is not more than 500 feet, if the full amount of the required facilities cannot be provided on the same parcel of land. This shall be measured from the property line of the development to the property line of the off site parking area. No more than 50% of the total required spaces may be located in the off-site facility. Such parking spaces shall be within a nonresidentially zoned district. Such sites can not be separated by streets of a major collector, roadways with more than two lanes or by a railroad right-of-way. Parking sites located across public streets may require safeguards as determined by the planning and zoning commission. Any sites utilizing off-site parking shall execute a cross access agreement by all parties having a legal interest in the property(s) covered. Said agreement shall be provided at the time of site plan application for the properties affected. The easement agreement shall provide for the perpetual access and use of the adjacent property's parking spaces and driving aisles. The easement agreement must be approved as to legal form and sufficiency by the city attorney. The easement agreement must be recorded in the public records prior to the approval of the project site plan or in cases where no site plan approval is necessary (applicable), prior to issuance of a building permit.

(5)

Within the commercial waterfront residential and commercial riverfront zoning districts the following shall apply:

a.

Increases to the floor area of an existing building, construction of a new building having greater floor area or a change to the approved uses in an existing building, the parking requirements of this section shall apply. In lieu of meeting these requirements, owners or developers in the community redevelopment area (CRA) shall be allowed to purchase required parking spaces by paying a fee in accordance with this subsection (5).

(i)

Establishment of riverfront parking trust fund. The riverfront parking trust fund is hereby established to receive the fee paid by developers in lieu of providing on-site parking necessary for a project and shall be used only to develop and maintain public parking within the community redevelopment area east of the Florida East Coast railroad tracks. This program is available to commercial uses and properties within the commercial riverfront (CR) and commercial waterfront residential (CWR) districts only.

(ii)

Establishment and calculation of trust fund spaces. The fee amount shall be calculated on a "per space" standard. Fees shall be determined by the city based upon the cost of design and construction per parking space. If the city purchases additional land to be utilized as public parking, then the costs shall include the acquisition costs. These fees will be adopted by the city council and may be amended from time to time by resolution.

(iii)

Maximum. The maximum number of spaces that may be purchased in this program is 30 per development.

(iv)

Nonexclusive use. Any public parking utilized in this program is not assigned to a business or to be reserved in any manner. Participating in this program confers no rights upon the business to place any advertisement, notices or signage upon the parking spaces the city expressly retains all such rights.

(v)

Exceptions. Residential and multifamily uses are excluded from utilizing the parking trust fund to meet their parking requirements.

(b)

Joint use. A single parking area may be used to service more than one establishment if the normal hours of operation of the establishments do not overlap. If a single parking area is so used, additional parking may be required as a condition of continued occupancy at any time the hours of operation of the establishments are altered to run during any concurrent period. Any joint use of parking spaces on a prorated basis must have a document of joint use signed by all parties concerned and approved as binding by the city attorney.

(c)

Historical structures. When the parking standards are applied to an historic structure and such requirements would detrimentally affect the historic character of the property, the planning and zoning commission may reduce the parking requirement. A maximum reduction of one space or ten percent of the total parking spaces required, whichever is greater, may be permitted. The planning and zoning commission shall find that a reduction in parking will not create a hazardous condition or detrimentally affect traffic movement.

(d)

Specimen or historic trees. A maximum reduction of one space or ten percent of the total number of parking spaces required, whichever is greater, may be permitted to save specimen or historic trees.

(Ord. No. O-10-05, § 1, 9-22-2010)

Areas designated for off-street parking or loading in accordance with the requirements of this Code shall not be reduced in area or changed to any other use unless the permitted use which it served is discontinued or modified, except where equivalent parking or loading space is provided and approved pursuant to article XVIII, site plan review.

(Ord. No. O-10-05, § 1, 9-22-2010)

It is the purpose of this article to promote the public health, safety and general welfare through reasonable, consistent and non-discriminatory sign standards. The sign regulations in this article are also designed and intended to meet the statutory requirement that this municipality adopt land development regulations that regulate signage, a requirement set forth in Section 163.3202(f), Florida Statutes. The sign regulations in this article are not intended to censor speech or to regulate viewpoints, but instead are intended to regulate the adverse secondary effects of signs. The sign regulations are especially intended to address the secondary effects that may adversely impact aesthetics and safety. The sign regulations are designed to serve substantial governmental interests and, in some cases, compelling governmental interests such as traffic safety and warning signs of threats to bodily injury or death.

This article regulates signs, as defined in this Land Development Code, which are placed on private property or on property owned by public agencies including the city and over which the city has zoning authority. This division is not intended to extend its regulatory regime to objects that are not traditionally considered signs for purpose of government regulation.

The City of Sebastian is primarily a single family residential and small resort community on the east coast of Florida. The eastern boundary of the city is the Indian River Lagoon and much of the western boundary is the St. Sebastian River. Directly across the Indian River Lagoon is the Sebastian Inlet providing access to the Atlantic Ocean and Sebastian Inlet State Park, attracting more people annually than any other state park in Florida. The economic base of the city is heavily dependent on visitors from both Florida, as well as other areas of the United States, who are attracted to its "Old Florida Fishing Village" atmosphere. In order to preserve and promote the city as a desirable community in which to live, vacation and do business, a pleasing, visually attractive environment is of foremost importance. The regulation of signs within the city is a highly contributive means by which to achieve this desired end.

These sign regulations have been prepared with the intent of enhancing the visual environment of the city and promoting its continued well-being, and are intended to:

(1)

Encourage the effective use of signs as a means of communication in the city;

(2)

Maintain and enhance the aesthetic environment and the city's ability to attract sources of economic development and growth;

(3)

Improve pedestrian and traffic safety;

(4)

Minimize the possible adverse effect of signs on nearby public and private property;

(5)

Foster the integration of signage with architectural and landscape designs;

(6)

Lessen the visual clutter that may otherwise be caused by the proliferation, improper placement, illumination, animation, excessive height, and excessive size (area) of signs which compete for the attention of pedestrian and vehicular traffic;

(7)

Allow signs that are compatible with their surroundings and aid orientation, while precluding the placement of signs that contribute to sign clutter or that conceal or obstruct adjacent land uses or signs;

(8)

Encourage and allow signs that are appropriate to the zoning district in which they are located;

(9)

Establish sign size in relationship to the scale of the lot and building on which the sign is to be placed or to which it pertains;

(10)

Preclude signs from conflicting with the principal permitted use of the site and adjoining sites;

(11)

Regulate signs in a manner so as to not interfere with, obstruct the vision of or distract motorists, bicyclists or pedestrians;

(12)

Except to the extent expressly preempted by state or federal law, ensure that signs are constructed, installed and maintained in a safe and satisfactory manner, and protect the public from unsafe signs;

(13)

Preserve, conserve, protect, and enhance the aesthetic quality and scenic beauty of all districts of the city;

(14)

Allow for traffic control devices consistent with national standards and whose purpose is to promote highway safety and efficiency by providing for the orderly movement of road users on streets and highways, and that notify road users of regulations and provide warning and guidance needed for the safe, uniform and efficient operation of all elements of the traffic stream;

(15)

Protect property values by precluding, to the maximum extent possible, sign types that create a nuisance to the occupancy or use of other properties as a result of their size, height, illumination, brightness, or movement;

(16)

Protect property values by ensuring that sign types, as well as the number of signs, are in harmony with buildings, neighborhoods, and conforming signs in the area;

(17)

Regulate the appearance and design of signs in a manner that promotes and enhances the beautification of the city and that complements the natural surroundings in recognition of this city's reliance on its natural surroundings and beautification efforts in retaining economic advantage for its resort community, as well as for its major subdivisions, shopping centers and industrial parks;

(18)

Enable the fair and consistent enforcement of these sign regulations;

(19)

Promote the use of signs that positively contribute to the aesthetics of the community, are appropriate in scale to the surrounding buildings and landscape, and advance the city's goals of quality development;

(20)

Provide standards regarding the non-communicative aspects of signs, which are consistent with city, county, state and federal law;

(21)

Provide flexibility and encourage variety in signage, and create an incentive to relate signage to the basic principles of good design; and

(22)

Assure that the benefits derived from the expenditure of public funds for the improvement and beautification of streets, sidewalks, public parks, public rights-of-way, and other public places and spaces, are protected by exercising reasonable controls over the physical characteristics and structural design of signs.

(Ord. No. O-16-05, § 1, 8-10-2016)

No signs shall be erected or maintained in any land use district established by this land development code, except those signs specifically enumerated in this chapter. The number and area of signs as outlined in this article are intended to be maximum standards. In addition to the enumerated standards, consideration shall be given to a sign's relationship to the overall appearance of the subject's property as well as the surrounding community. Compatible design, simplicity, and effectiveness are to be used in establishing guidelines for sign approval, but shall not limit maximum standards for signs.

Signs exempt from permitting. The following types of signs do not require a permit provided the sign shall not violate section 54-3-16.4, Prohibited signs. With the exception of public signs, the following signs shall comply with all applicable requirements in the zoning district where installed; comply with other provisions in this subsection; and be consistent with the spirit, intent and purpose of this article:

(1)

Address sign. Address signs not exceeding four square feet shall be permitted.

(2)

Instructional signs.

(3)

Home nameplate. Nameplate signs not exceeding two square feet shall be permitted for single-family homes and duplexes.

(4)

Public signs.

(5)

Flags. When used for symbolic, noncommercial purposes.

(6)

Real estate signs. Only one sign, shall be permitted, per street frontage, on each parcel of land located in any district provided that such signs do not exceed an area of six square feet in a residential district and 16 feet in a commercial, industrial or institutional district. Said signs may include "Open House," "Open For Inspection," "Open" and other similar signs. Such signs shall be removed within 30 days after the closing of the sale.

(7)

Off-premises open house signs. Each residence that is open for inspection for sale or lease may have the seller or the agent install off-premises open house signs to direct persons to the open house, subject to the following:

a.

The sign shall not exceed four square feet in sign area, shall be located at least five feet from the adjacent road, and shall not exceed a height of three feet above the crown of the road.

b.

The message shall be limited to "Open House," "Open For Inspection," or substantially similar phrase, and the name of the owner of the sign.

c.

Each sign shall be made of metal, plastic, wood, or other weather resistant material. Paper or cardboard signs are prohibited.

d.

Each sign shall not be installed off-premise before 9:00 a.m. and shall be removed each day not later than 8:00 p.m. Any such sign in violation of these restrictions may be summarily removed by the city without notice.

(8)

Election season signs. Subject to the provisions of subsection 54-3-16.5(e)(3).

(9)

Construction signs. Construction signs shall be permitted only while construction is actually in progress and shall be removed within 15 days following the issuance of a certificate of occupancy, completion or abandonment of work, whichever occurs first. No such sign, however, shall be erected prior to the issuance of a building permit. Such signs shall not exceed an area of 16 square feet. Each sign shall be at least 20 feet from contiguous property lines of adjacent land owners and at least five feet from any right-of-way.

(10)

Window signs. For each facade, such signs, collectively, may not cover more than 50% of the total surface area of the transparent portion of all window(s) and door(s). Signs attached permanently to the interior of a building window or glass door shall be required to obtain a permit and the area of said sign shall be counted against the allowable signage permitted.

(11)

Holiday signs. Displays, including lighting, erected in connection with the observance of holidays. Such signs shall not be installed more than 60 days before the holiday and shall be removed within 30 days following the holidays.

(12)

Vehicular signs.

(13)

Future tenant identification sign. Such signs shall be permitted only while the development permit approval is in progress for a commercial or industrial activity and shall be removed within 15 days following the issuance of a certificate of occupancy, completion or abandonment of work, whichever occurs first. Such signs shall not exceed an area of 32 square feet. Each sign shall be at least 20 feet from contiguous property lines of adjacent land owners, at least five feet from any right-of-way, and shall be located on the site where the use will occur.

(14)

Garage sale signs. Only one sign, not exceeding four square feet located on the property of the residence where the garage sale is being conducted is permitted. Such a garage sale shall have received a permit from the city as required by section 82-51, Code of Ordinances. Said sign shall not be erected before the beginning of the garage sale and shall be removed each day at the close of the garage sale or by the end of daylight, which ever occurs first. Said sign shall not be located in the right-of-way.

(15)

Murals. Allowable in the Riverfront and Triangle Overlay Zoning Districts; commercial property only. One mural per building and shall not exceed 100 percent of the size of one wall. A mural shall be prohibited from facing a residential zoned district. Text or lettering shall not exceed ten percent of the area of the mural. Murals determined to be advertising shall be considered a sign and shall be included in the calculations of allowable sign area in accordance with article XVI. Mural applications will be approved with the guidelines set forth by the Sebastian River Area Public Mural Program (SRAPMP). Murals are subject to approval by the city and the Sebastian River Area Public Mural Program Committee. Murals under this program are exempt from section 54-4-21.A.6, colors. Murals that utilize more than one wall shall adhere to size parameters and be continuous in approved category as established by this program as follows:

a.

Beach/Indian River Lagoon/Lakes/Rivers;

b.

Birds in Florida;

c.

Fishing/Fishing Village;

d.

History and Treasure Coast;

e.

Interactive;

f.

Native Flora (plants) and Fauna (animals).

(Ord. No. O-16-05, § 2, 8-10-2016; Ord. No. O-22-03, § 1, 4-13-2022)

From and after the effective date of this article it shall be unlawful for any person to erect or use within the city:

(1)

Any swinging sign.

(2)

Any snipe sign.

(3)

Any banner, excepting approved special event signs.

(4)

Any sign erected, located or maintained so as to prevent free ingress to or egress from any door, window or fire escape.

(5)

Any sign attached to a standpipe or fire escape.

(6)

Any sign or other advertising display which by reason of its position, shape or color interferes, obstructs or may be confused with any authorized traffic control device or emergency vehicle signal.

(7)

Any signs or other advertising display, except public signs or off-premises open house signs that are placed or erected on or over any public right-of-way, sidewalk, street, or curb.

(8)

Any other type or kind of sign which does not comply with the terms, conditions and provisions contained in this article and ordinances mandatory hereto and supplemental hereto.

(9)

Unauthorized sign on city property.

(10)

Any sidewalk, A-frame or sandwich sign unless otherwise allowed.

(11)

Any animated sign, except changeable copy signs, time/temperature, and barber signs.

(12)

Any add-on signs unless they shall have been issued a permit in conformance with the sign code.

(13)

Portable signs, excepting approved special event signs.

(14)

Revolving signs.

(15)

Roof signs

(16)

Off-site garage sale sign.

(Ord. No. O-11-04, § 2, 7-13-2011)

(a)

Signs in residential districts: In the RE-40, RS-20, RS-10, RM-8, R-MH, and residential portions of Planned Unit Development districts. The following signs are permitted subject to compliance with the provisions of this article:

(1)

Single-family residences and duplexes. No signs other than home address, nameplates, flags, decorative flags and instructional signs not exceeding two square feet each shall be permitted for single-family homes and duplexes. These signs do not require permits.

(2)

Multiple-family structures of ten units or less. A premises containing ten or less dwelling or rooming units may install a single sign per street frontage indicating the name and/or address of the premises, provided the sign has a maximum area not exceeding 16 square feet, and shall not be higher than six feet unless the sign is mounted flush against the wall of the building. These signs require permits.

Address, nameplates, flags, decorative flags and instructional signs not exceeding an area of four square feet are allowed. These signs do not require permits and such signs shall be located on the site plan.

(3)

Multiple-family structures of more than ten units. A premises containing more than ten dwelling units or rooming units may install a single sign per street frontage, indicating the name and/or address of the premises. The sign shall have a maximum area not exceeding 32 square feet and shall not be higher than ten feet unless the sign is mounted flush against the wall of the building. These signs require permits.

Address, nameplates, flags, decorative flags and instructional signs not exceeding an area of four square feet are allowed. These signs do not require permits and such signs shall be located on the site plan.

(4)

Approved nonresidential uses in residential districts. A premises containing an approved nonresidential use may install a single sign per street frontage, indicating the name and/or address of the premises and may include a changeable copy sign included in maximum area. The sign shall have a maximum area not exceeding 20 square feet and shall not be higher than ten feet unless the sign is mounted flush against the wall of the building. These signs require permits.

Religious symbols may be erected and exceed the above referenced requirements subject to the approval of the planning and zoning commission. The planning and zoning commission shall review these types of signs to determine compliance pursuant to article X, section 54-3-10.2(f).

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.

Address, flags, identification, and instructional signs not exceeding an area of four square feet are allowed. These signs do not require permits. Such signs shall be located on the site plan.

(5)

Subdivision entrance signs. One on-premises sign not exceeding 64 square feet in area may be erected at each principal entranceway to a duly platted residential subdivision. However, only one such sign shall be permitted for each common street serving a subdivision. These signs require permits.

(b)

Signs in nonresidential districts: The number and size of signs in the CL, C-512, CG, CR, CWR, IN, AI and nonresidential portions of the planned unit developments shall be governed by the percentages and limitations imposed herein, excluding temporary or instructional signs, which may be in addition to said percentages and limitations imposed herein. Additional restrictions may apply if property is in an area subject to overlay district regulations.

(1)

Freestanding signage. All freestanding signs shall be of a wide-based monument style. Pole signs are discouraged, but may be permitted when the supporting structures are completely screened from view with landscaping or berm features. Said landscaping and/or berm shall cover and screen the entire area beneath the sign at the time of certificate of occupancy (CO) issuance.

Any freestanding signs constructed from flat panel materials, such as high density polyurethane, medium density overlay (MDO) plywood, sheet metal, or the like, shall have a distance of no less than eight inches from face to face, and shall be enclosed on all sides to cover internal frame.

a.

Sign area permitted.

1.

Front footage. There shall be one square foot of allowable cumulative sign area for each lineal foot of property frontage. Owner shall declare one street as his frontage street.

2.

Other streets. There shall be one-half square foot of allowable sign area for each lineal foot of property along said public rights-of-way.

3.

Support. Any monument sign may be supported by poles or columns and said supporting members shall have decorative covers or molding.

4.

Maximum size. No monument sign shall exceed 100 square feet in area unless approved by the planning and zoning commission. The planning and zoning commission shall review signs over 100 square feet in area to determine compliance pursuant to article X, Appearance, Design and Compatibility; article XIV, Tree Protection and Landscaping and public safety.

5.

Building number. All monument signs shall display their building number on such sign.

6.

Religious symbols. Religious symbols may be erected and exceed the above referenced requirements subject to the approval of the planning and zoning commission. The planning and zoning commission shall review these types of signs to determine compliance pursuant to article X, section 54-3-10.2(f).

b.

Height regulation. The height of monument signs shall not exceed ten feet.

c.

Distance from property lines. Minimum setbacks for monument signs shall be:

Front 0

Side 5

Rear 5

d.

Distance separating signs. There shall be a minimum of 48 feet between monument signs located on the same property.

e.

Location. The location of the monument sign shall be consistent with article X, Appearance, Design and Compatibility; article XIV, Tree Protection and Landscaping and public safety.

f.

Instructional signs. Instructional signs shall be exempt from the limitation on total sign area allowed per business and the requirement for a five-foot setback from any common property line. An instructional sign shall not exceed six square feet in area.

(2)

Signs attached to buildings.

a.

Applicability. Signs attached to building facades shall include wall, painted, vee-shaped and marquee signs. However, roof signs are prohibited.

b.

Copy area:

1.

For wall signs on frontage street facade. There shall be an allowable amount of sign area for signs attached to the frontage street facade of a building not to exceed 15% of the facade. In calculating the area of a building facade no additional credit shall be given for the surface of any canopy or awning. The calculation for the allowable facade credit shall always be calculated on a flat, two-dimensional plane and shall not include that part of any parapet, marquee, pylon or other surface that extends above the roof line. A mansard roof shall be classified as a parapet wall. If the lower edge of a slanted roof, other than a mansard roof, extends below the top of the supporting wall, the allowable facade shall be the area of the wall minus the area covered by the roof.

2.

For signs on facades other than frontage street facade. There shall be an allowable amount of sign area for signs attached to facades, other than the frontage street facade, not to exceed seven and one-half percent of the facade. However, when said facade faces residentially zoned property, the allowable amount of sign shall not exceed four percent of the facade.

c.

Placement of wall signs and marquee signs. No wall signs shall be erected at a distance of more than 18 inches beyond the face of any building, marquees being considered as a part of a building. The outside edge of wall signs or marquees shall not be closer than 24 inches from the curb line. Signs may be placed in whole or in part upon a parapet, but no sign shall be extended above or be mounted upon the top of a parapet or marquee. One sign may be attached to the sides or front of a marquee or hung under a marquee at a business entrance, in which case the sign shall not exceed six and one-half square feet in area, shall maintain a seven-foot, six-inch minimum clearance above the sidewalk or ground level and shall not extend beyond the marquee's perimeter.

d.

Noncombustible material. The surface area of all electrical signs shall be of a noncombustible material.

e.

Regulation against obstruction. No wall signs shall cover wholly or partially any required wall opening, or project beyond the top of the wall to which it is attached.

f.

Wall sign projection. All bracing and/or lighting shall be hidden or covered so that it shall not be visible from the public right-of-way. The covered portion of the ends of such signs shall not be used for advertising purposes.

g.

Signs located on a canopy. Lettering, logos, and trim colors on canopy facia shall be considered a wall sign and shall be limited to 33% percent of the facia area of any one elevation. Internally illuminated signs shall not be placed on a canopy structure, and no sign shall be placed above the facia on a canopy structure.

(3)

Projecting signs.

a.

Not to encroach right-of-way. No projecting sign shall project over any public right-of-way.

b.

Allow substitution sign area and size. A projecting sign may be substituted for an allowed monument sign. However, the maximum allowable size for such a substitution shall not exceed one-half the allowable size of the monument sign for which it is substituted or shall not exceed the allowable amount of sign area for signs attached to facades as provided in this code, whichever is less. If a projecting sign is substituted for an existing monument sign pursuant to the provisions of this section, the monument sign must be removed.

c.

Placement. No projecting sign, which is entirely dependent upon a wall for support, shall be erected on a wall of any building so as to project above the roof line or parapet wall or above the roof level where there is no parapet wall. A sign attached to a corner of a building and parallel to the vertical line of such corner shall be deemed to be erected at a right angle to the building wall. A projecting sign shall not project more than 36 inches from the wall of a building and shall not overhang a public right-of-way. Such sign shall comply with height regulations of subsection 54-3-16.6(g) and shall be elevated a minimum of seven feet, six inches over any sidewalk or pedestrian way. No sign or part of a sign or its supporting structure shall cover any window or part of a window. No projecting sign or supporting structure shall be located in such a manner as to obstruct window light and vision. The city shall be held harmless for any liability associated with projecting signs.

(4)

Gasoline service stations. The restrictions imposed by this article shall not apply to signs or advertising on the actual fuel pumps.

(5)

Sandwich board signs.

a.

City owned properties bearing the IN and AI zoning designations are excluded.

b.

A temporary sign permit is required prior to the installation of the sign. Only one sandwich board sign is allowed per business and such permit is not transferable. Permits are valid for one calendar year beginning January 1, and ending December 31. There shall be no permit fee.

c.

A sketch including dimensions, copy area, materials, and location of the sandwich board sign must be attached to the permit application. The permit application must be approved and signed by city staff before the sandwich board sign may be displayed. If a sign is displayed prior to obtaining a sandwich board sign permit, application may be denied.

d.

The maximum height shall be 48 inches and the maximum width shall be 24 inches. Signs shall be self-supporting, A-shaped, with only two visible sides. Signs shall be professionally manufactured and enhance the ambiance of the immediate area. Signs located in performance overlay districts shall reflect the architectural design theme of the district. Each sign may have a changeable copy area, but may not be totally handwritten. Signs shall be weather resistant. Changeable copy areas shall be maintained.

e.

Sandwich board signs shall not be illuminated, nor shall they contain moving parts or have balloons, streamers, pennants, or similar adornment attached to them. Attaching sandwich board signs to structures, poles, objects, signs, etc. by any means is prohibited. Signs shall only be displayed during business operating hours.

f.

Location of sandwich board signs:

1.

Commercial properties along U.S. Highway 1:

aa.

Sandwich board signs may be located on the business property. These signs may not be located in the public right-of-way.

bb.

Sandwich board signs shall not be erected or maintained in a manner that prevents free ingress or egress from any door, window or fire escape.

cc.

Businesses located within a site fronting a roadway but not facing said roadway shall be allowed to place such signage in a location comparable to other businesses located within the site.

dd.

Sandwich board signs shall not be placed within a parking stall or travel lane of the business site. Signs located on the private sidewalk of a business site may not cause the sidewalk to be reduced below four feet in width.

2.

Commercial properties along Sebastian Boulevard:

aa.

Sandwich board signs may be located on the business property or within that portion of the public right-of-way between the sidewalk and business property line.

bb.

If the sign is to be located within the public right-of-way, business owners shall sign a disclaimer that indemnifies the city and any other relevant governing body of any liability for use of said public right-of-way.

cc.

Sandwich board signs within the public right-of-way may be moved/removed by the city for municipal purposes. (i.e. law enforcement, traffic issues, maintenance, etc.).

dd.

Sandwich board signs shall not be erected or maintained in a manner that prevents free ingress or egress from any door, window or fire escape.

ee.

Businesses located within a site fronting a roadway but not facing said roadway shall be allowed to place such signage in a location comparable to other businesses located within the site.

ff.

Sandwich board signs shall not be placed within a parking stall or travel lane of the business site. Signs located on the private sidewalk of a business site may not cause the sidewalk to be reduced below four feet in width.

3.

Properties along Indian River Drive:

aa.

Sandwich board signs may be located on the business property. These signs may not be located in the public right-of-way.

bb.

Sandwich board signs shall not be erected or maintained in a manner that prevents free ingress or egress from any door, window or fire escape.

cc.

Sandwich board signs shall not be placed within a parking stall or travel lane of the business site. Signs located on the private sidewalk of a business site may not cause the sidewalk to be reduced below four feet in width.

4.

All other commercial properties:

aa.

Sandwich board signs may be located on the business property. These signs may not be located in the public right-of-way.

bb.

Sandwich board signs shall not be erected or maintained in a manner that prevents free ingress or egress from any door, window or fire escape.

cc.

Sandwich board signs shall not be placed within a parking stall or travel lane of the business site. Signs located on the private sidewalk of a business site may not cause the sidewalk to be reduced below four feet in width.

g.

Sandwich board signs placed in violation of this section will result in immediate removal of the sign and the business' sandwich board privileges will be denied for the remainder of that year. Sandwich board signs displayed without approved permits shall be disposed of at owner's expense.

h.

The City of Sebastian authorization to permit signage does not preclude the enforcement of other regulations and restrictions by other governmental agencies.

(c)

Signs in public service district: In the PS zoning district, one sign shall be permitted per street frontage or per each 300 feet of street frontage, whichever is greater. Furthermore, where two or more monument signs are placed along a single street frontage, such signs shall be separated by a minimum distance of 48 feet. The cumulative area of all such signs shall not exceed one-eighth square foot per one foot of property frontage; however, the maximum area of any single sign shall not exceed 48 square feet. All monument signs shall be located at a minimum of ten feet from the front property line and twenty feet from any other common property line, and shall not be higher than ten feet unless mounted flush against the building. These signs require permits.

Scoreboards inside ballparks or recreational ball fields are exempt from the provisions of this subsection. These signs do not require permits.

Instructional signs shall be exempt from the limitation on total sign area allowed per business and the requirement of five-foot of setback from any common property line. An instructional sign shall not exceed six square feet in area.

Religious symbols and public signs may be erected and exceed the above referenced requirements subject to the approval of the planning and zoning commission. The planning and zoning commission shall review these types of signs to determine compliance pursuant to article X, Appearance, Design and Compatibility.

(d)

Signs in rights-of-way and on public property. Except for public signs:

(1)

It shall be unlawful for any person to place, nail, tack or otherwise attach any temporary sign or any advertising placard, poster, handbill or painted sign in a right-of-way or on any public property or to any tree, telephone or other utility post or building located in a right-of-way or on public property.

(2)

Where such sign or advertising is erected in the public right-of-way or on public property, the city shall have the right to remove any such signs without notification to any person.

(3)

It shall be unlawful for any person to park, store or leave any motor vehicle or other vehicle in the right-of-way or on public property in the city, for the purpose of advertising that such vehicle is being offered for sale, unless it is in connection with a purpose or business enterprise lawfully situated and licensed. For the purposes of this section, it shall be presumed that a vehicle is being offered for sale if a sign or other written advertisement is prominently displayed thereon. For purposes of this section, the term vehicle shall include, but not be limited to trailers, motorcycles, boats and all other types of watercraft.

(4)

Municipal banners and all other public signs shall be allowed as approved by the city manager.

(e)

Temporary signs: All temporary signs not listed in subsections 54-16.5(e)(1) through 54-16.5(e)(3) and also not complying with all applicable criteria of this section shall be treated in all respects as permanent signs, except that such temporary signs shall not be included in calculating the total amount of permitted sign area. No temporary signs shall be illuminated except for holiday signs, or special event signs approved by the city manager. All temporary signs shall be located on private property.

(1)

Grand opening signs. Any new business or relocation of an existing business within the City of Sebastian shall be allowed grand opening signs. The grand opening sign may not be installed prior to the issuance of a certificate of occupancy and shall be removed within 60 days after the issuance of the permit. These signs require city approval. Such signs shall not exceed the following requirements:

a.

Properties with less than 100 feet of frontage shall be permitted a total of 32 square feet of sign area.

b.

Properties of more than 100 feet of frontage shall be permitted a total of 64 square feet of sign area.

c.

Banners and portable signs are permitted to be utilized as grand opening signs.

(2)

Subdivision entrance signs. On-premises active subdivision signs may be erected subject to compliance with the following conditions in addition to other applicable provisions of this section.

a.

Eligible sites. Such sign may be placed only on property consisting of land duly platted, as a subdivision, and within the platted boundaries of said property.

b.

Character of sign. Such signs shall not exceed 32 square feet. Such sign must be located on the premises of the development subdivision, at least five feet from all rights-of-way, and at least 20 feet from contiguous property lines. These signs can be illuminated.

c.

Time of removal. Each active subdivision sign erected must be removed after a period of 14 days after the last unit or lot in the subdivision is sold, leased or rented:

d.

Filing of plat. Prior to the erection of such a sign, a preliminary plat of the subdivision shall be placed on file in the office of the city clerk.

e.

Persons permitted. Only the agent of the developer or owner of the property shall be authorized to place signs on the property. The property owner's signed authorization consenting to the placement of a sign representing an exclusive real estate agent on his premises shall be filed in the office of the city clerk prior to the placement of the agent's sign.

(3)

Election season signs. Election season signs are defined as temporary signs installed not more than 75 days before an election and remaining not more than five days after an election.

a.

General. Election season signs shall not be posted on or over any public property or right-of-way.

b.

Election season signs in residential districts are allowed subject to the following provisions:

1.

No sign shall exceed 16 square feet;

2.

No sign shall be illuminated;

3.

Each sign shall be freestanding;

4.

Each sign shall be located wholly on private property;

5.

Each sign shall be placed at least five feet from all rights-of-way and sidewalks;

6.

No sign shall exceed five feet in height;

7.

No sign shall be placed on or attached to any tree or utility post.

c.

Election season signs in nonresidential districts are allowed subject to the following provisions:

1.

No sign shall exceed 20 square feet;

2.

No sign shall be illuminated;

3.

Each sign shall be freestanding;

4.

Each sign shall be located wholly on private property;

5.

Each sign shall be placed at least five feet from all rights-of-way and sidewalks;

6.

No sign shall exceed ten feet in height;

7.

No sign shall be placed on or attached to any tree or utility post.

d.

Posting time limits. It shall be unlawful for any person to post a political sign more than 75 days prior to the election in which the candidate's name or the issue will appear, and it shall be unlawful to fail to remove a political sign within five days after the election in which the candidate is eliminated or elected or the issue is approve or disapproved.

e.

Removal of illegal signs. The code enforcement division shall order the immediate removal of any political sign found posted within the city in violation of this section. If the sign is not removed within two days, the code enforcement division shall remove the political sign.

f.

Fine. A fine of $25.00 per sign may be imposed upon the person posting said sign or upon the candidate promoted on said sign for any of the following:

1.

Failure to remove all signs within the applicable five-day period for removal;

2.

Placement of signs upon public property or upon any tree, utility pole, or similar object.

g.

Prima fascia evidence. Political signs placed in violation of this section which advertise a particular candidate shall be prima facie evidence of the placement or authorization of the placement of the sign by the candidate.

h.

Reimbursement for removal expense. The candidate or the president of the committee supporting or opposing the ballot measure, as applicable, shall reimburse the city for any and all expenses of removal incurred by the city.

(4)

Other temporary signs. The following criteria shall serve to regulate other temporary signs not identified in the foregoing categories. These signs require city approval. Other temporary signs must comply with each of the following criteria:

a.

Properties with less than 100 feet of frontage shall be permitted a (cumulative) total of 32 square feet of sign area.

b.

Properties with 100 or more feet of frontage shall be permitted a (cumulative) total of 64 square feet of sign area.

c.

Such temporary signs may be permitted up to seven days at a time and up to three times in a calendar year.

d.

Banners and portable signs are permitted to be utilized as other temporary signs.

e.

Feather flags are permitted to be utilized as other temporary signs with the time limitation as listed in c. above and with the following provisions:

i.

City owned properties bearing the IN and AI zoning designations are excluded.

ii.

A temporary sign permit is required prior to the use of the sign. Only one feather flag is allowed per business and such permit is not transferable. There is no cost for the permit.

iii.

A sketch including dimensions, copy area, materials, and location of the feather flag must be attached to the permit application. The permit application must be approved and signed by city staff before the feather flag may be displayed. If a feather flag is displayed prior to obtaining a feather flag permit, application may be denied.

iv.

The maximum height shall be 12 feet.

v.

Feather flags shall not be illuminated, nor shall they contain moving parts or have balloons, streamers, pennants, or similar adornment attached to them. Attaching feather flags to structures, poles, objects, signs, etc. by any means is prohibited. Feather flags shall only be displayed during business operating hours.

vi.

Feather flags shall be displayed in accordance with subsection 54-3-16.5(b)(5)f., location of sandwich board signs.

vii.

Feather flags placed in violation of this section will result in immediate removal of the feather flag and the business' feather flag privileges will be denied for the remainder of the year.

viii.

The City of Sebastian authorization to permit feather flags does not preclude the enforcement of other regulations and restrictions by other governmental agencies.

(f)

Directional signs. The intent of this type of sign is to direct persons to a place, structure, or activity within the city limits. No directional sign shall be utilized exclusively to advertise a place of business without giving directions or utilizing an arrow.

(1)

Signs located in the Indian River. One sign not exceeding 32 square feet in area may be located in or on the waters of the Indian River for any approved marina within the City of Sebastian. These signs must have approval from the State of Florida prior to obtaining a permit from the City of Sebastian.

(2)

District in which directional signs are permitted. One sign not exceeding 32 square feet and ten feet high may be located on any lot within CL, CG and IN districts.

(3)

Distance separating signs. The minimum distance separating directional signs within the CL, CG and IN districts shall be 1,000 feet.

(g)

Billboards. All billboards shall be prohibited within the City of Sebastian.

(h)

Bench signs. The area of the bench sign shall be counted toward the allowable monument sign area. Bench signs may be located on city owned right-of-way through an agreement approved by the city council. Such an agreement shall identify construction standards, location criteria, permitted copy, and liability. The city is not responsible for bench signs permitted through such agreements.

(Ord. No. O-11-04, §§ 1, 2, 7-13-2011; Ord. No. O-11-16, § 1, 8-24-2011; Ord. No. O-16-05, § 2, 8-10-2016)

(a)

Rules for interpreting sign calculations:

(1)

Determining the number of signs. For the purpose of determining the number of signs, a sign shall be considered to be a single display surface or display device containing elements organized, related, and composed to form a unit.

(2)

Computation of sign area. Sign area shall be computed by including the area of all signs on the premises.

Multi-sided signs, with respect to three-dimensional or multi-sided signs, the surface area shall be computed by including the total of all sides designed either to attract attention or communicate information. In the case of a sign consisting of two or more sides where the angle formed between any two or more sides or the projections thereof exceeds 45 degrees, each side shall be considered a separate sign area.

Exceptions:

a.

Any double faced sign (back to back and parallel to each other) provided said face of each sign are not separated by more than two feet. The area of the largest face shall be included in the determination of sign area.

b.

A vee-shaped sign that is not parallel and the angle between said faces do not exceed 45 degrees. The area of the largest face shall be included in the determination of sign area.

(3)

Total sign surface area. Unless otherwise provided in this article, the total surface area devoted to all signs on any lot shall not exceed the limitations set forth in article, and all signs except temporary signs shall be included in this calculation.

(b)

Construction standards. All signs shall comply with all applicable standards of the city's building code, fire code, health code, electrical code, land development code, and all other applicable codes.

(c)

Maintenance. All signs within the city limits including all supports, braces, guys and anchors shall be kept in good repair. The building official may order the removal of any sign that is not properly maintained. The expense of which will be the sole responsibility of the owner or lessee of said sign.

(d)

Signs not to constitute a traffic hazard. No sign shall be placed at any location in the city where it may interfere with or obstruct the view of any motorist, or be confused with any authorized traffic sign, signal or device. The building official shall have the authority to refuse the erection, or to order the removal of any sign, if any sign constituting an obstruction to motorists or pedestrians or otherwise are viewed to be impediments to traffic safety or traffic flow.

(e)

Signs not to encroach electric utility clear zone. No sign shall be placed closer than eight feet from the nearest part of any utility pole which supports electrical transmission lines. No sign shall be placed closer than eight feet from the nearest part of any electric transmission line. If the National Electrical Code is now or hereafter more restrictive than the provisions of this subsection, the most restrictive provisions shall prevail.

(f)

Illuminated signs:

(1)

Shielded light source. The light from any illuminated sign, or from any light source, shall be shaded, shielded or directed so that the light intensity or brightness shall neither adversely affect the surrounding premises nor impede safe vision of operators of vehicles moving on streets or parking areas.

(2)

Exposed lighting restrictions. No signs, except changeable copy signs and time and temperature signs, shall have exposed fluorescent lighting, exposed neon, fiber optics, fluorescent paint, or be phosphorescent. All unexposed neon shall be approved by any testing laboratory acceptable to the city. Similarly, illuminated tubing or strings of lights that outline property lines, sales areas, or similar areas are prohibited, except:

a.

Holiday observance signs.

b.

Any exposed neon signs or lighting totally within an enclosed building. All exposed or unexposed signs shall be counted against the allowable signage permitted in section 54-16.5.

(3)

Light source. No sign shall have a light source that exceeds the following light intensity.

(4)

Restriction on flashing signs. No flashing sign shall be permitted except time and temperature signs, public signs, and holiday observance signs.

(g)

Height of and distance separating signs. No part of any sign affixed to a building shall exceed the height of the building to which the sign is affixed or project above the roof. The height of monument signs is limited to ten feet. Distance requirements in this article shall be measured from the nearest part of any sign (or its structure) to the nearest point of the closest applicable restricting line of point of separation (including distance between signs) or height limitation.

(h)

Appearance of signs:

(1)

Shape, color, lettering, location and arrangement of signs shall be harmonious with the building design and surrounding landscape.

(2)

Every sign shall have good scale and good proportion in its design and in its visual relationship to buildings, surroundings, and other signs.

(3)

Colors shall be used harmoniously. Lighting shall be harmonious with the design. If external spot or flood lighting is used, it shall be arranged so that the light source is shielded from view.

(4)

No sign installed in the city on the effective date of this section shall become nonconforming based solely on this subsection 54-3-16.6(h), "Appearance of signs."

(a)

Permitting procedures:

(1)

Permits. It shall be unlawful for any person to post, display or install any sign or advertising display, or attach, apply or connect high voltage tube lighting to existing signs, in the city without first having obtained a permit or permits therefor as hereinafter required, except as provided for in subsection 54-3-16.3.

(2)

Applications. Applications for permits required by this article shall be filed by such applicant, or his agent, in the building department, upon forms to be furnished by said department. Said applications shall contain or have attached thereto the following information.

a.

Name, address and telephone number of the applicant.

b.

Name, address and telephone number of the sign owner.

c.

Name, address and telephone number of the contractor(s) installing said sign (if applicable).

d.

Location of building (or structure) and lot to which or upon which the sign is to be placed or maintained.

e.

Purpose of sign.

f.

Estimated value of sign.

g.

Position of the sign in relation to adjacent lot lines, buildings, structures, sidewalks, rights-of-way, streets, intersections, and easements.

h.

Type of sign and general description of structural design and construction materials to be used.

i.

Three copies of detailed scaled drawings or plans containing specifications concerning structural details of the method of sign construction, installation, and anchoring to the building or ground. The specifications shall show height, perimeter and area dimensions, elevations, means of support, method illumination and any other significant aspect of the proposed sign.

j.

A statement indicating whether or not any electrical wiring is required. If so, a completed electrical permit shall also be submitted (if required).

k.

A layout with sign colors shown or specified.

l.

Any other information required by the building department in order to carry out the purpose and intent of this article.

m.

The following signs shall be designed by an engineer, who shall submit to the building official complete plans and calculations so as to determine whether the sign complies with the city's code:

1.

Projecting signs over 24 square feet in area.

2.

Monument signs over 40 square feet in area.

3.

Any sign that, in the opinion of the building director, contains unusual design features. It is the intention of this provision to insure the structural integrity of signs that are unique in design.

(3)

Issuance. Provided all of the provisions of this article shall have been complied with, and the sign or advertising display will not violate any of the terms, conditions or provisions of this ordinance, or of any other law or ordinance, the building official shall issue a permit for each sign or advertising display, retaining a copy thereof and a copy of plans of said advertising display for his records.

(4)

Inspections. The contractor or owner securing the permit for any sign shall call the building department and request an inspection whenever any sign is being installed, and before any concrete is poured; a final inspection shall be requested upon completion.

(5)

Revocations. The building official may revoke a permit or approval, issued under the provisions of this code, if it is found that there has been any false statement, concealment or misrepresentation as to any material fact in the application or plans on which the permit or approval was based.

(a)

Continuance of preexisting structures. Any sign, billboard, or advertising display which lawfully existed and was maintained at the time this ordinance became effective, may be continued, although such structures do not conform to all the provisions hereof; provided that no structural alterations are made thereto.

(1)

Impact of damage to nonconforming signs. Any nonconforming sign which is destroyed or damaged, to the extent of 50% or more, or is altered or replaced, shall not be altered, replaced or reinstalled unless and until it shall have been made to conform to the provisions of this article. Public signs erected by the city are exempt from this requirement.

(2)

Removal of nonconforming signs:

a.

Destruction, damage or obsolescence. The use of any nonconforming sign shall terminate whenever the sign is damaged or destroyed beyond 50%, from any cause whatever, or becomes obsolete or substandard under any applicable city ordinance to the extent the sign becomes a hazard or danger and upon termination shall be removed.

(b)

Additional enforcement.

(1)

Stop work orders (violations). Upon notice from the building official that work on any sign or advertising display is being done contrary to the provisions of this code or in a dangerous or unsafe manner, such work shall be immediately stopped. Such notice shall be in writing and shall be given to the owner of the property, or to his agent, or to the person doing the work, and shall state the condition under which work may be resumed. Where an emergency exists, no written notice shall be required to be given by the building official.

(1)

Substitution of noncommercial speech for commercial speech. Notwithstanding anything contained in this article or Code to the contrary, any sign erected pursuant to the provisions of this article or Code or otherwise lawfully existing with a commercial message may, at the option of the owner, contain a noncommercial message in lieu of a commercial message. The noncommercial message may occupy the entire sign face or any portion thereof. The sign face may be changed from commercial to noncommercial messages, or from one noncommercial message to another, as frequently as desired by the owner of the sign, provided that the sign is not a prohibited sign or sign-type and provided that the size, height, setback and other dimensional criteria contained in this article and Code have been satisfied.

(2)

Severability generally. If any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this article is declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, the declaration of such unconstitutionality shall not affect any other part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this article.

(3)

Severability where less speech results. Without diminishing or limiting in any way the declaration of severability set forth above or elsewhere in this article, this Code, or any adopting ordinance, if any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this article is declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, the declaration of such unconstitutionality shall not affect any other part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this article, even if such severability would result in a situation where there would be less speech, whether by subjecting previously exempt signs to permitting or otherwise.

(4)

Severability of provisions pertaining to prohibited signs and sign elements. Without diminishing or limiting in any way the declaration of severability set forth above elsewhere in this article, this Code, or any adopting ordinance, if any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this article is declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, the declaration of such unconstitutionality shall not affect any other part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this article that pertains to prohibited signs, including specifically those signs and sign elements that are prohibited by section 54-3-16.4. Furthermore, if any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of section 54-3-16.4 is declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, the declaration of such unconstitutionality shall not affect any other subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of section 54-3-16.4, thereby ensuring that as many prohibited sign-types as may be constitutionally prohibited continue to be prohibited.

It is the intent of the city to regulate signage in a manner that implements the purposes of this article as expressed in section 54-3-16.1. The city finds that the purposes stated in section 54-3-16.1 are legitimate, substantial, and compelling public interests, that the regulation of signage provided by this article is unrelated to the suppression of free expression, and that the incidental restrictions on expression that may occur as a result of these regulations is no more than is essential to the furtherance of the public interests. However, if a court of competent jurisdiction finds any regulation herein to be based upon content and, further, declares such regulation unconstitutional, then it is the intent of the city council that only that portion of the provision that is found unconstitutional be severed from this article, and if it is not possible for the court to strike only the portion of the provision that is found unconstitutional, then it is the intent of the city council that all signs that would be subject to the stricken provision will instead be subject to the next surviving provision for a sign of like geometry and character that is more restrictive than the stricken provision in terms of sign area.

(Ord. No. O-16-05, § 4, 8-10-2016)