The intent of site plan review is to set forth uniform procedures, well-defined application processes and information requirements. The purpose is to ensure that: 1) development of individual sites within the City of Sebastian is consistent with all applicable development standards; 2) approval of such development will be based upon the provision and availability of adequate public facilities and services coincident with the impact of the development; and 3) development is compatible and coordinated with existing and anticipated development within the immediate area surrounding the site.

In all cases requiring site plan review, no structure or parking area, or part thereof, shall be erected or used, or land or water used, or any change of use consummated, nor shall any building permit be issued therefor, unless a site plan for such structure or use shall have been reviewed and approved pursuant to this article.

(a)

Fees. The fee schedule for site plan review shall be determined by resolution of the city council.

(b)

Conformance with zoning regulations required. Any such building, structure or use approved pursuant to this article shall be erected, altered, installed, and maintained in full conformity with the provisions of the zoning ordinance and the approved site plan.

(c)

General site plan review procedure. All development requiring site plans shall comply with the land development regulations including chapter III, Performance Criteria. In all cases requiring site plan review, no structure or parking area, or part thereof, shall be erected or used, or land or water used, or any change of use consummated, nor shall any building permit be issued therefore, unless a site plan for such structure or use shall have been reviewed and approved pursuant to the provisions of this article.

(1)

Required pre-application procedures. Prior to making application for preliminary plat approval, the applicant for subdivision approval shall meet with the planning and growth management department and appropriate city staff to discuss, informally, preliminary concepts and sketches of the proposed subdivision and their relationship to these regulations. This procedure is mandatory and is intended to provide an opportunity for the applicant to receive staff assistance and advice prior to expending funds for preparing a preliminary plat.

(2)

Filing. Seven copies of an application for site plan approval and all supporting information shall be filed with the planning and growth management department for dispersal to all appropriate intergovernmental agencies and city staff for review.

(3)

Application. Such application shall be in a form prescribed by the planning and growth management director.

(4)

Ownership/disclosure. All applications shall include a notarized affidavit showing each and every individual person having a legal and/or equitable ownership interest in the property upon which the application for site plan approval is sought, except publicly held corporations, in which case the name and address of the corporation and principal executive officers together with any majority stockholder will be sufficient. If the applicant is not the owner, the applicant must provide an original notarized statement from the current property owner authorizing representation of the specific site plan review application.

(5)

Phasing. A site plan may be phased and the initial conditions, final site plan and each phase shall be depicted on separate sheets. Additionally, a binding schedule for completion of each phase shall be included and each phase or combination of phases shall meet the requirements of this article.

(d)

Review by planning and growth management director. Each application shall be reviewed by the planning and growth management department and transmitted to appropriate city staff and intergovernmental agencies based upon the development issues surrounding the proposed site plan. The planning and growth management director shall review each application for compliance with all applicable land development regulations including, but not limited to, performance criteria in chapter III, city land development code, and other local, state, and/or federal laws.

(e)

Conformance with land development regulations required. All buildings, structures or uses shall be erected, altered, installed and maintained in full conformity with the provisions of the land development regulations and approved site plans.

(f)

Performance bond may be required. A performance bond may be required from applicants as a condition of site plan approval to insure all on- or off-site infrastructure improvements are in place at the time of issuance of a certificate of occupancy. If required, such bond shall be submitted prior to issuance of building permits. The performance bond shall be furnished and payable to the city in the sum of 125% of the total cost of the engineer's estimates for extension of potable water distribution system components; sanitary sewerage system components; street improvements, including acceleration and/or deceleration lanes, traffic control devices, markings signage, and/or related street improvements; sidewalks, curbs, and/or gutters; stormwater management improvements; and/or other improvements required in the site plan approval.

A site plan requiring an administrative site plan review shall be reviewed by the director of planning and growth management according to procedures stated below:

(a)

Administrative site plan review. Site plans which meet the following criteria may be approved administratively, in accordance with this section:

A proposed site plan which contains less than 1,000 square feet of impervious surface; or

A proposed site plan which is comprised of one or two dwelling units located east of Indian River Drive.

(1)

Decisions of the planning and growth management director. The review of an administrative site plan by the director of planning and growth management shall be carried out in conformance with the procedures and criteria established in this article, including, but not limited to, a review of the site plan's compliance with performance criteria stated in chapter III of the land development code. The planning and growth management director shall establish application forms and procedural guides with typical time lines in order to prevent unnecessary inconvenience and delay to the project. If deemed necessary, the planning and growth management director may schedule an administrative site plan for a regular planning and zoning commission meeting in order to obtain a recommendation. After considering city staff comments (and if necessary P&Z's recommendation) the director of planning and growth management shall approve the site plan, with or without conditions, or disapprove the site plan. The planning and growth management director may attach to an approved site plan any reasonable conditions, limitations or requirements which are found necessary, in the director's judgement, to effectuate the purpose of this article and carry out the spirit and purpose of the comprehensive plan and the land development code.

Where a site plan is approved with conditions or is disapproved, the conditions or reasons for disapproval, as appropriate, shall be stated in writing and shall be signed by the planning and growth management director. Such documentation shall include a cross reference to the code provisions and the comprehensive plan citations, where applicable, that have not been satisfied. Decisions of the planning and growth management director on an administrative site plan shall be final unless appealed to the planning and zoning commission.

(2)

Appeals of site plan decisions of the planning and growth management director. Appeals of decisions of the planning and growth management director shall be to the planning and zoning commission pursuant to section 54-1-2.2(d).

(b)

Minor modifications. Minor modifications to approved developments shall be reviewed as an administrative site plan. Minor modifications include changes such as:

(1)

General. Redesign and different location of pools, drives and driveways; or modifications in stairs or elevations of decks, porches, terraces and fencing;

(2)

Additional parking. Addition of parking spaces, not to exceed 25%, including fractions thereof, of the total number of existing parking spaces or five spaces, whichever is the lesser amount; and no such additional parking shall consume the approved landscaped area.

(3)

Minor utility system improvement. Installation of essential utility system improvements including buildings not exceeding 200 square feet, for water and sewerage services, electric service, telephone service, drainage, landscaping and similar services.

(4)

Building additions. An addition to a building which does not increase the floor area in excess of 500 square feet.

(c)

Site plan development. All proposed plans not qualifying as administrative or minor modifications shall otherwise be known as site plan developments. Said plans shall commence with a review by the director of planning and growth management pursuant to the procedures and criteria established in this article, including, but not limited to, a review of the site plan's compliance with performance criteria stated in chapter III of the land development code. The planning and growth management director shall establish application forms and procedural guides with typical time lines to prevent unnecessary inconvenience and delay to the project.

(1)

Review by planning and growth management director and staff. After considering city staff comments the director of planning and growth management shall recommend approval of the site plan, with or without conditions, or shall recommend disapproval of the site plan. Where a site plan is recommended for approval with conditions or recommended for disapproval, the conditions or reasons for disapproval, as appropriate, shall be stated in writing and shall be signed by the planning and growth management director. Such documentation shall include a cross reference to the code provisions and the comprehensive plan citations, where applicable, that have not been satisfied.

(2)

Notice and action by planning and zoning commission. After notice the director of planning and growth management's written recommendations shall be presented to the planning and zoning commission for final action at a regularly scheduled meeting. After considering these recommendations, the planning and zoning commission shall approve the site plan, with or without conditions, or disapprove the site plan. The planning and zoning commission may attach to its approval of a site plan any reasonable conditions, limitations or requirements which are found necessary, in its judgement, to effectuate the purpose of this article and carry out the spirit and purpose of the comprehensive plan and the land development code. Where a site plan is approved with conditions or is disapproved, the conditions or reasons for disapproval, as appropriate, the planning and zoning commission shall state in the record the grounds for disapproval including appropriate code citations. Such documentation shall include a cross reference to the appropriate code provisions and the comprehensive plan citations, where applicable, that have not been satisfied. Decisions of the planning and zoning commission on a site plan development shall be final unless appealed to the city council.

(3)

Appeals to site plan decisions of the planning and zoning commission. Appeals to decisions of the planning and zoning commission shall be to the city council pursuant to section 54-1-2.4(g).

A site plan, for the purposes of this section, shall include, but not necessarily be limited to, the following requirements. All architecture or engineering designs must be prepared and sealed by a professional architect or engineer registered in the State of Florida pursuant to chapters 471 and 481 respectively, Florida Statutes.

(a)

General site plan information.

(1)

Title block:

a.

Name of development;

b.

Name of owner/developer;

c.

Scale;

d.

North Arrow;

e.

Preparation and revision date;

f.

Location/street address of development.

(2)

Project information to be included on site plan:

a.

Zoning (include any special districts);

b.

Project site size (acreage and/or square footage);

c.

Legal description;

d.

Square footage together with maximum allowed/proposed building coverage;

e.

Floor area ratio, maximum allowed and proposed;

f.

Impervious surface ratio, maximum allowed and proposed;

g.

Pervious surface, including maximum allowed and proposed open space and green space;

h.

Parking spaces, including minimum required and proposed as well as total handicapped spaces provided;

i.

Delineate location of existing and proposed structures;

j.

Denote existing and proposed development type by land use including density/intensity;

k.

Setbacks;

l.

Finished floor elevation;

m.

Proposed height and elevation of the crown of the road of the lowest adjacent street;

n.

Landscape plan in accordance with article XIV;

o.

FEMA flood zone designation and map number.

(b)

Supplemental documentation.

(1)

Identification of key persons (name, business name, mailing address, phone number).

a.

Owner;

b.

Owner's authorized agent;

c.

Engineer and architect;

d.

Surveyor;

e.

Landscape architect and/or environmental consultant;

f.

Others involved in the application;

g.

Verified statement showing each and every individual person having a legal and/or equitable ownership interest in the subject property, except publicly held corporations whose stock is traded on a nationally recognized stock exchange, in which case the names and addresses of the corporation and principal executive officers together with any majority stockholders will be sufficient.

(2)

Other project information. A general outline of the proposed development shall include the following criteria where applicable:

a.

Proposed stages (or phases) of development or operation and facility utilization;

b.

Dates for each phase;

c.

Expected date of completion;

d.

Proposed site plan for the site;

e.

List of all permits required to be obtained prior to building permit issuance;

f.

A written description of characteristics of the proposed development (i.e., number and type of residential units, floor area by land use, number of tourist accommodations units, seating or parking capacities, number of hospital beds, any proposed outside facilities or areas to be used for storage, display, outside sales, waste disposal or similar use, and any other proposed uses);

g.

For planned unit developments, indicate design techniques to reduce public facility costs and disturbances to natural resources and for preserving scenic quality of site;

h.

Buildings and siting specifications to reduce damage potential and to comply with federal flood insurance regulations;

i.

Protection against encroachment together with proposed mitigation measures to be employed within environmentally sensitive areas;

j.

Identify existing and proposed hydrant locations in relationship to building(s) and other fire protection systems. The applicant may be required by the Indian River County North Fire District to provide fire wells to augment the available water supply.

k.

Identify proposed utility systems, including easements for required utilities and include affidavits of service availability from appropriate public and semi-public service providers, including, but not limited to, FP&L.

(3)

Existing site conditions. A general description of the existing site conditions including, but not limited to, the following:

a.

Use;

b.

Density;

c.

Building area (if applicable);

d.

Impervious area (if applicable);

e.

Vegetation;

f.

Soils;

g.

Groundwater;

h.

Topography;

i.

FEMA map designation.

(4)

Residential developments. If the development includes residential units, the following shall be discussed in the written description: a breakdown of the proposed residential units; tenure (i.e., owner occupied or rental); and structure type (such as single-family, duplex, multiple-family, mobile home).

(5)

Traffic impact study. A traffic impact study shall be required if trip generation thresholds are met. The study shall be prepared consistent with Indian River County Code section 952.07.

(6)

Stormwater. A stormwater report shall be prepared consistent with article XII, Surface Water Management.

(7)

Intergovernmental coordination.

a.

Provide proof of coordination with applicable local, regional, state and federal agencies, including but not limited to those agencies cited below, that will be involved in the project:

•

Indian River County

•

Treasure Coast Regional Planning Council (TCRPC)

•

Florida Department of Environmental Protection (DEP)

•

St. Johns River Water Management District (SJRWMD)

•

Florida Department of Community Affairs (DCA)

•

Florida Freshwater Fish and Game Commission (F&GC)

•

Florida Department of Transportation (DOT)

•

U.S. Army Corps of Engineers

•

U.S. Fish and Wildlife, including National Wetlands Survey

b.

Provide evidence that any necessary permit, lease or other permission from applicable local, regional, state and federal agencies have been obtained for any activity that will impact wetland communities or submerged land.

c.

In cases where intergovernmental coordination efforts are incomplete the applicant shall provide evidence of good faith efforts towards resolving intergovernmental coordination issues.

(c)

Concurrency facilities and other utilities or services. Site plans shall satisfy concurrency management regulations cited in article IX. This component of the plan shall identify demands on concurrency facilities generated by the proposed development and identify how the demands shall be accommodated through improvements. The site plan shall also list the utility providers currently serving the site together with a description of the existing infrastructure serving the site. Include the location, design and character of all concurrency facilities and other utilities, such as underground or overhead electric lines, gas transmission lines, or other similar facilities or services, on the site plan. Concurrency facilities shall include the following:

(1)

Potable water supply.

a.

Identify projected average daily potable water demands at the end of each development phase and specify the consumption rates that have been assumed for the projection.

b.

Provide proof of coordination with Indian River County Utilities Department. Assess the present and projected capacity of the water supply system and the ability of such system to provide adequate water for the proposed development.

c.

Describe measures taken to ensure the water pressure and flow will be adequate for fire protection for the type of construction proposed.

d.

Denote both planned system improvements required to establish and/or maintain adopted level of service and proposed funding resources to provide these improvements.

(2)

Wastewater management.

a.

Provide projection of the average daily flows of waste water generated by the development at the end of each development phase. Describe proposed treatment system, method and degree of treatment, quality of effluent, and location of effluent and sludge disposal areas. Identify method and responsibilities for operation and maintenance of facilities.

b.

If public wastewater facilities are to be utilized, provide proof of coordination with the Indian River County Utilities Department and the Department of Environmental Protection, if applicable. Assess the present and projected capacity of the treatment plant and the availability of sewer lines to the subject site. If septic tanks are proposed demonstrate coordination with the Indian River County Health Department.

c.

If applicable, provide a description of the volume and characteristics of any industrial or other effluent.

d.

Denote both planned system improvements required to establish and/or maintain adopted level of service and proposed funding resources to provide these improvements.

(3)

Water quality. Discuss disposal areas, septic tank drain field, urban runoff areas impervious surfaces, and construction related runoff. Describe anticipated volume and characteristics. Indicate measures taken to minimize the adverse impacts of potential pollution sources upon the quality of the receiving waters prior to, during and after construction.

a.

Identify any wastewater disposal areas, septic tank drain field, urban runoff areas impervious surfaces, and construction related runoff. Describe anticipated volume and characteristics. Indicate measures taken to minimize the adverse impacts of these potential pollution sources upon the quality of the receiving waters prior to, during and after construction.

b.

Describe plans for re-vegetation and landscaping of cleared sites including a completion schedule for such work.

(4)

Stormwater management. A stormwater management plan for the site shall be provided which is consistent with the requirements of article XII. Additionally, an erosion and sedimentation control plan shall be provided.

(5)

Solid waste. Identify projected average daily volumes of solid waste generated by the development, including projected volumes by phase on phased projects. Indicate proposed methods of treatment and disposal. Provide proof of coordination with the Indian River County Solid Waste Disposal District to ensure compliance with concurrency management requirements of article IX. Assess the present and projected capacity of the solid waste treatment and disposal system and the ability of such facilities to provide adequate service to the proposed development.

(6)

Roadway. Provide an explanation of the results of the traffic impact study as they relate to the following items:

a.

A projection of the expected vehicle trip generation at the completion of each development phase.

b.

Describe in terms of external trip generation and average daily as well as peak hour traffic.

c.

Evaluate the capacity of the existing roadway network serving the development.

d.

Provide recommendations for any required improvements to the existing network required by the proposed development including additional R/W, roadway improvements, additional paved lanes, traffic signalization, access and egress controls, and other similar improvements.

(7)

Recreation. Identify projected demand generated by the development and cite land and facility improvements provided to ensure the city's level of service is not adversely impacted. The requirements of section 54-4-19.11(h) shall be adhered to for all projects which include new residential dwelling units regardless of whether a subdivision plat is to be recorded.

(d)

Appearance, design, and compatibility. The site plan shall satisfy criteria established in article X.

(1)

Site location and character of use. The site plan submitted for review should be in compliance with all applicable performance criteria set forth in chapter III of this code and any applicable overlay district criteria.

a.

Vicinity map. Provide a vicinity map with project's location noted together with a general written description of the proposed development. Show relationship of site to surrounding streets and public facilities at a scale of one inch to 200 feet.

b.

Land use compatibility. Identify adjacent land uses including current zoning designation and conditional uses within 50 feet of the boundaries for a developments requiring administrative review, and 100 feet of the boundaries for a major development. If applicable, assess the impact of the proposed development upon unincorporated Indian River County.

c.

Historic and archeological resource protection. Include appropriate site plan initiatives for developments impacting sites on the national register of historic places or on the state master file of historic and archaeological resources (cross reference—section 54-2-7.18).

d.

Subdivision of land. If a site plan is proposed for land which has not been subdivided, the applicant shall be required to conform to the subdivision regulations, if applicable, prior to approval of the subject site plan.

(2)

Appearance of site and structures. The applicant shall submit a site plan that exhibits harmonious overall design characteristics in compliance with the performance standards stipulated in section 54-3-10.2.

a.

Site plan. Site plans shall be drawn at a scale of one inch to 100 feet or larger. The maximum sheet size for site plans shall be a minimum of 24 inches by 36 inches. Multiple sheets may be used provided each sheet is numbered and the total number of sheets is indicated on each sheet. Cross referencing between sheets shall be required. Necessary notes and symbol legends shall be included. Abbreviations should be avoided but if used they shall be defined in the notes. The site plan shall address the following issues:

1.

Existing (where appropriate) and proposed lot configuration.

2.

Existing (where appropriate) and proposed building layout, including building footprints.

3.

Finished floor elevations.

4.

Proposed topographic contours showing proposed drainage patterns and stormwater retention measures.

5.

Indicate dimensions on site plan to demonstrate compliance with setbacks and other size and dimension regulations.

6.

Label the proposed structures by use and/or residential structure type and number the parcels, lots and number of dwelling units as appropriate directly on the drawings.

b.

Architectural drawings. All architecture or engineering designs must be prepared and sealed by a professional architect or engineer registered in the State of Florida pursuant to chapters 471 and 481 respectively, Florida Statutes. Drawings submitted for site plan approval shall include the following minimum information:

1.

A scaled drawing of the side, front and rear facades of the building or structure, including roof pitch, fenestration including treatment of roof line.

2.

Description of materials to be used.

3.

Generalized floor plan indicating uses and square footage of each proposed use within each building or structure, building exterior construction material, and building height.

4.

Location, height and general character of perimeter or ornamental walls, fences, landscaping, including berms and other required screening devices and other plans for protecting adjacent property owners.

c.

Site amenities. The site plan shall include amenities required to comply with appearance, design and compatibility regulations outlined in article X.

1.

Existing. All existing site amenities (i.e., signs, lighting fixtures, water features, etc.) shall be indicated as to location, character, color, and dimension.

2.

Proposed. State the location, size, character, color, height and design of all newly proposed site amenities in the form of working drawings and/or photographs.

d.

Traffic impact study. A traffic impact study shall be submitted in accordance with Indian River County Code section 952.07.

(3)

Site survey. A topographic and boundary survey prepared by a certified land surveyor, in accordance with chapter 61G17-6 F.A.C., illustrating the following:

a.

Proposed development. The city shall require plans prepared by a Florida registered engineer and other competent professionals as may be required which shall demonstrate compliance with the city's surface water management performance criteria in article XII. In addition, the plans for land excavation or fill shall demonstrate that the proposed site alterations shall include mitigation techniques designed to comply with performance criteria addressed in article XII.

b.

Existing conditions.

1.

Topographic site survey. A topographic survey at a scale of one inch to 100 feet or larger showing topographic contours at five-foot intervals and extending 50 feet beyond the property boundaries. Survey shall include NGVD benchmark information.

2.

Water bodies. High water elevation or boundaries of coastal shoreline and/or other water bodies and canals, both on site and within 50 feet of site. Survey shall include coastal construction control line, location of mean high water and submerged lands.

3.

Drainage features and key elevations. Existing surface drainage characteristics of site including relationship to adjacent land areas. The site survey shall include all existing structures. Any existing structures on-site which do not comply with Federal Emergency Management Agency (FEMA) flood hazard regulations shall be identified on the survey.

4.

Flood hazard areas. Federal Emergency Management Agency (FEMA) flood hazard zone or limits of 100-year flood.

5.

Boundary survey. The boundary survey shall have been prepared within 12 months of application and be prepared in accordance with chapter 61G17-6 F.A.C.

6.

Environmentally sensitive areas. Boundaries of environmentally sensitive areas, including an environmental survey and audit as needed. Management plans must be submitted and approved by state and/or federal regulatory agencies for areas recognized as a habitat for species listed by the Florida Game and Freshwater Fish Commission as endangered, threatened, or species of special concern.

(4)

Soil survey. As identified in the Soil Survey, Indian River County, Florida, U.S. Department of Agriculture, Soil Conservation Service or other competent expert evaluation. When soil suitability limitations are indicated for the proposed development, the city engineer may require, at the expense of the applicant, a preliminary soil analysis by a qualified soils engineer. The site plan shall comply with environmental protection criteria in article XI.

(e)

Environmentally sensitive areas. Using maps from the Federal Emergency Management Agency (FEMA) and U.S.G.S., indicate whether or not the parcel is located within a floodplain, floodway or drainageway, wetland, open water, or upland wildlife habitat. Site specific surveys may be required.

(1)

Proposed impact. Illustrate how any activity or structure that will impact environmentally sensitive areas will be performed, located, constructed and/or maintained to prevent or mitigate any adverse impacts to wetland and endangered upland vegetative communities, wildlife habitats, floodplain, and other environmentally sensitive areas.

(2)

Shoreline protection. If the project fronts a shoreline, illustrate any structure that may impede movement along the shoreline below the mean high water line, and demonstrate measures being taken to mitigate any such impediment. The site plans shall comply with section 54-2-7.8, Regulation of watercraft, and applicable provisions of section 54-3-11.4, Coastal resource impact analysis.

(3)

General requirement. If environmentally sensitive areas are found in or adjacent to the site the following information is necessary:

a.

Existing conditions. Developers shall provide an existing vegetation map identifying boundaries of environmentally sensitive areas and indicating alterations in these areas including dredging, filling, spoil sites, canals and channels.

b.

Preservation. Developers shall preserve the functions of these environmentally sensitive areas and shall comply with restrictions and interpretations for development in wetlands found in article XI. Management plans must be submitted and approved by state and/or federal regulatory agencies for areas recognized as a habitat for species listed by the Florida Game and Freshwater Fish Commission as endangered, threatened, or species of special concern.

(f)

Land clearing, excavation and fill, tree protection, landscaping, and irrigation plan.

(1)

Land clearing, excavation and fill. The site plan and all development activity shall comply with section 54-2-7.15. The site plan shall include a statement of procedures which the developer shall carry out in order to ensure compliance with all applicable performance criteria in article XI governing: 1) native habitat preservation (cross reference sections 54-3-11.1, 54-3-11.4, and 54-3-11.5); 2) soil erosion control and sedimentation (cross reference section 54-3-11.2); 3) aquifer recharge protection (cross reference section 54-3-11.3); flood prevention (cross reference section 54-3-11.6); and 4) protection of native vegetation (cross reference section 54-3-11.5).

(2)

Tree protection. The site plan shall satisfy performance criteria of article XIV. The plan shall indicate location, size and type of existing trees as required, including all proposed tree removals requiring a tree removal permit. The relocation of trees shall be considered. The plan shall also identify existing trees to be protected and explain or illustrate method to preserve such trees during and after construction.

(3)

Landscaping plan. The site plan shall satisfy the performance criteria of article XIV as well as the open space (section 54-2-5.10(c)) and land use screening requirements of article XIV. The landscaping plan shall include a scaled working drawing indicating planting specifications for landscaping, buffers, open spaces, recreation areas and other required landscaped areas which shall comply with those performance criteria included in article XIV. The plan shall also show any environmentally sensitive areas and preservation areas, as well as those areas involving aquatic plantings. The planning and zoning commission shall give conceptual approval of the landscape plan and the planning and growth management director shall give final approval of the plan.

(4)

Irrigation plan. The site plan shall satisfy the performance criteria of section 54-3-11.8 and article XIV. The irrigation plan shall be prepared by a registered landscape architect, engineer or an irrigation contractor and shall utilize the current techniques emphasizing design efficiency and water conservation, as well as public health, safety, and welfare. The minimum requirements for plan approval shall include:

a.

Location and specifications for irrigation equipment;

b.

Design which promotes water conservation and efficient relationship of plant types to water demand; and

c.

Source of water for irrigation system.

The planning and zoning commission shall give conceptual approval of the irrigation plan. The planning and growth management director, or his designee, shall perform an onsite inspection to insure the system has been installed to provide adequate coverage to all landscaped areas.

(g)

On- and off-site parking and vehicular, bicycle, and pedestrian circulation. Site plans shall satisfy on- and off-site vehicular and bicycle circulation, and parking requirements of section 54-3-10.3 and article XV. Site plans shall include location, dimensions and typical construction specifications for:

(1)

Existing and proposed driveways, approaches and curb cuts;

(2)

Vehicular access points, accessways and common multi-modal access points with pavement markings or other improvements to achieve safe internal circulation without conflict among modes of travel;

(3)

Existing and proposed vehicle and bicycle off-street parking spaces, loading, unloading and service area space requirements;

a.

Number of employees and number and type of vehicles owned by the establishment; and

b.

Any combined off-street parking facilities shall be submitted with an agreement specifying the nature of the arrangement, its anticipated duration, and signatures of all concerned property owners.

(4)

Other vehicular use areas;

(5)

Any bicycle ways as well as pedestrian ways and other pedestrian use areas;

(6)

Typical cross-sections, by type of improvement;

(7)

Traffic control devices;

(8)

Proposed parking surface material, pavement markings, and other related improvements; and

(9)

Dedicated easements including cross easements, indicating their purpose, design, location, alignment, dimensions, and maintenance responsibilities.

(h)

Housing. Site plans shall include the following information:

(1)

If the project includes residential development, provide a breakdown of the proposed residential units by type of unit (such as single-family, duplex, townhouse, mobile home).

(2)

Assess the potential of the proposed development to meet local or regional housing needs. In particular, indicate any measures taken to provide low and moderate income housing. Where affordable housing is proposed include price or rental range by structure type.

(3)

Describe hurricane evacuation considerations that acknowledge the current evacuation and emergency operations plans, how project residents will be informed about these plans, and any developer responsibilities identified in such plans.

(i)

Special considerations.

(1)

Describe the relationship of the proposed development to city land use plans, objectives and policies. Also, indicate relationship to existing or proposed public facilities plans (such as wastewater treatment, transportation). Identify any conflicts.

(2)

Indicate any relationship of the project to special zoning districts (such as airport noise and hazard zones, solid or liquid waste treatment or disposal areas).

(3)

If the project fronts a shoreline, indicate measures to dedicate, voluntarily public access to the shoreline, such as easements or rights-of-way; and illustrate any structure that may impede movement along the shoreline below the mean high water line, and demonstrate measures being taken to mitigate any such impediment.

(4)

Indicate any special facilities that will be provided to accommodate bus ridership, i.e., bus stop, bus access lane, or other similar facilities.

(5)

Describe any special design features that will be utilized to reduce energy consumption. Further, describe any measures that will be taken to utilize solar energy or other alternative energy sources.

(6)

If the building is to be elevated, indicate by square footage the uses for the area between the bottom floor and the grade.

(7)

Indicate the size and nature of private and public recreation facilities provided on the site.

(8)

Provide proof of coordination with applicable local, regional, state and federal agencies (including Florida Department of Environmental Resources and Army Corps of Engineers) that will be involved in the project.

(9)

Provide evidence that any necessary permit, lease or other permission from the Florida Department of Environmental Protection has been obtained for any activity that will impact submerged land.

(10)

Provide evidence that any necessary permit or waiver from the St. Johns River Water Management District or the Florida Department of Environmental Protection, as appropriate, has been obtained for any activity that will impact wetlands.

(j)

Construction management plan and inspection schedule. In cases where the proposed development contains two or more phases and/or the project's proposed construction schedule is anticipated to exceed a period of one year, the applicant shall be required to submit a construction management plan and inspection schedule as part of the site plan.

(1)

Content of construction management plan and inspection schedule. The construction management plan shall specify the following:

a.

The timing and phasing of construction activities, including specific benchmarks for the completion of structures accommodating the principal use(s);

b.

A schedule of inspections which complies with the city's adopted building codes, including a program of improvements anticipated to be completed prior to each scheduled inspection;

c.

The building permit shall not be valid for a period exceeding two years and no single phase of development shall extend for a period longer than two years;

d.

The schedule shall acknowledge in writing that a new building permit must be obtained whenever:

1.

Construction is not commenced within six months (180 days) from the time the permit was released;

2.

Construction activity is dormant for a period of six months or more;

3.

The developer fails to call for and achieve approved inspections within planned 180-day intervals as shall be evidenced in the construction schedule; and

4.

A new phase of a phased development is commenced.

e.

The applicant shall acknowledge in writing that the applicant shall bear the burden of demonstrating that the construction activity is consistent with the site plan and has occurred in a timely manner consistent with the approved construction management plan and inspection schedule. The applicant shall further acknowledge that upon failure to meet the inspection schedule, the building permit shall expire. A new building permit shall be required in order to undertake construction activity on a site where a building permit has expired.

(2)

Timing of adjustments to the construction management plan and schedule. A building permit holder shall bear the burden of keeping a construction management plan current. Any event which may cause a delay in the permittee's compliance with the terms of a construction management plan and schedule shall brought to the attention of the planning and growth management director. Any change in the construction schedule shall be approved by the planning and zoning commission. The burden shall be on the applicant to successfully negotiate and effectuate an adjustment to the construction management plan and schedule prior to a lapse in any scheduled inspection. Such lapse shall be defined as a failure to complete improvements consistent with the agreed upon construction and inspection schedule.

(Ord. No. O-22-02, § 1, 4-13-2022)

(a)

Staff support. The site plan review process as herein established shall be conducted by representatives from city departments responsible for reviewing land development proposals. The planning and growth management director shall be responsible for managing the site plan review process and shall coordinate with the following staff as appropriate in review of site plans:

•

City engineer;

•

Police chief;

•

Building official;

•

Planning official;

•

Fire official;

•

Any other staff designated by the city manager.

(b)

Records. The planning and growth management director shall keep a record of site plan review findings, decisions and recommendations, which shall be a public record and shall be maintained in the planning and growth management department. The site plan review process for administrative and major site plans shall be carried out as described in sections 54-4-18.2 and 54-4-18.3.

(c)

Considerations in the site plan review process. In implementing site plan review procedures, the director of planning and growth management and city staff involved in the process shall have the authority to consider the following:

(1)

Whether an application and/or a plan is consistent with applicable goals, objectives, policies, standards and proposals in the comprehensive plan.

(2)

Whether all public facilities and services necessary to serve the proposed use shall be available concurrent with the actual impact of the use in question.

(3)

Whether the established level of service of public facilities necessary to serve the development or phase thereof shall be adversely impacted by the proposed use or activity.

(4)

Whether the proposed development satisfies the site plan review criteria as well as all other applicable requirements of the land development regulations, and other applicable local, state, and/or federal laws and administrative rules.

(a)

Approval procedure. Upon the approval of such site plan as herein provided, a building permit may be issued by the building official if construction plans have been found to meet all building code requirements. No building permit shall be issued until the building official has received demonstrated evidence that all conditions of site plan approval have been satisfied.

(b)

Appeals of site plan action. Any applicant for site plan approval, or any other aggrieved person having an interest therein, may file an appeal pursuant to section 54-1-2.2(d) and section 54-1-2.4(g).

(c)

Timing of the release of building permits. An applicant for a building permit may be granted such permit, if the applicant signs an affidavit acknowledging that the applicant has been put on notice by the city, that any construction is undertaken at the applicant's risk and such applicant shall hold the city harmless for any damage incurred should the terms of approval be altered or nullified by the city council or the court.

(d)

Written decision required for site plan denial. If the director of planning and growth management, planning and zoning commission or the city council denies a site plan approval, it shall specify the reasons said plan was denied with specific reference to those sections of the applicable city ordinances on which said denial was based. No reasons other than those so stated shall be presented to the entity hearing and ruling on an appeal to a site plan decision of the director of planning and growth management, the planning and zoning commission, or the city council.

(Ord. No. O-14-07, § 3, 12-10-2014)

The site plan approval shall expire 12 months after final approval, if construction has not been started as evidenced by steady and continuous progress, including the pouring of footings by said termination date. Notwithstanding, if a phased schedule for construction is approved by the city as part of the site plan approval process, such schedule shall become the standard for determining site plan expiration. Where a building permit expires the city may require revisions to the site plan to achieve compliance with the most current land development regulation and other applicable laws and ordinances.

Site plan approval shall run with the land. In the event the property receiving site plan approval shall be sold, transferred, leased, or the ownership thereof changes in any way whatsoever, the site plan approval shall be transferable; however, the site plan's expiration shall still occur 12 months from the original date of the site plan approval.

The planning and growth management director may extend site plan approval for 12 months upon finding that the applicant has demonstrated "reasonable cause" for the extension. The burden of proof in justifying "reasonable cause" shall rest with the applicant. Thirty days prior to the site plan expiration date, the applicant shall file an application requesting an extension with the planning and growth management department. Failure to file the required application for extension on a timely basis or failure to perform any construction on the approved site plan during the previous six months shall be considered an abandonment of the site plan. After an abandonment of the site plan, any application shall be treated as a new application. Phased site plans are subject to the same requirements for each phase.

(a)

Purpose. The purpose of this ordinance is to assist implementation of the City of Sebastian Comprehensive Plan by establishing procedures and standards for the development and subdivision of real estate within the City of Sebastian, in an effort to, among other things:

(1)

Provide proper legal description, identification, installation of monuments and recording of real estate boundaries;

(2)

Aid in the coordination of land development in the City of Sebastian in accordance with orderly physical patterns;

(3)

Discourage haphazard, premature uneconomic or scattered land development;

(4)

Provide safe and convenient traffic control;

(5)

Encourage development of an economically stable and healthful community;

(6)

Develop adequate utilities;

(7)

Prevent periodic and seasonal flooding by providing protective flood control and drainage facilities;

(8)

Protect environmentally sensitive areas.

(9)

Provide for management and/or protection of water resources; provide public open spaces for recreation;

(10)

Require the installation of adequate and necessary physical improvements, and provide that the purchaser of land in a subdivision has access to necessary improvements of lasting quality.

(11)

Avoid impacts and costs resulting from haphazard subdivision of land and the lack of authority to require installation by the applicant of adequate and necessary physical improvements; and

(12)

Require development equipped with lasting improvements in keeping with the topography and other site conditions.

(13)

Encourage aesthetically acceptable development.

(14)

Protect privacy.

(b)

Conformance required. No subdivision of a tract of land anywhere in the incorporated area of the City of Sebastian shall be created except in conformance with this ordinance. No subdivision shall be platted or recorded and no lot shall be sold from such plat nor shall any building permit be issued unless the subdivision meets all the applicable laws of the State of Florida and has been approved in accordance with the requirements of the City of Sebastian as herein established.

(c)

Lot splits and subdivisions. All future divisions of land within the corporate limits of the City of Sebastian shall be classified as either a "lot split" or "subdivision" as defined herein, and shall be subject to the regulations of this code as they apply.

(1)

Lot split. Any division of a lot or tract in a platted subdivision into two parcels that abut an accepted street right-of-way and does not require any off-site improvements to any roads, drainage system or utilities and conforms to the improvements, design, and construction standards of this article and chapter III, Performance Criteria, as may be applicable. Any tract of land that is divided as a lot split can only be further divided as a subdivision.

(2)

Major subdivision. Any subdivision not classified as a lot split.

(d)

Adjustments. After consideration and recommendation by the planning and zoning commission, the city council may authorize adjustments from this chapter when in its opinion undue hardship may result from strict compliance. In granting any adjustment, the city council shall prescribe only conditions that they deem necessary to or desirable for the public interest. In making its findings, the council shall take into account the nature of the proposed use of land and the existing use of land in the vicinity, the number of persons to reside or work in the proposed subdivision and the probable effect of the proposed subdivision upon traffic, the public health, safety and convenience conditions in the subdivision and in the vicinity thereof. A fee schedule may be established by resolution of the city council.

(e)

Recording of plats and lot splits. No final plat of any subdivision or lot split shall be recorded in the Office of the Clerk of the Circuit Court of Indian River County until the subdivision or other subject change shall have been duly approved by the city in the manner prescribed herein. Any such plat or lot split or other record of change in land configuration must clearly display a written certification demonstrating city approval prior to being duly recorded in the Office of the Clerk of the Circuit Court of Indian River County. If any unapproved plat is recorded, the city council will request that it be stricken from the records.

(f)

Unlawful sale or transfer of property. It shall be unlawful for anyone who is the owner or agent of the owner of any land in the City of Sebastian to transfer, sell, agree to sell, convey, or negotiate to sell such land by reference to, exhibition of or other use of a plat of a subdivision of such land without having recorded an approved subdivision plat as required herein. If such unlawful use is made of a plat before it is properly approved and recorded, the owner or agent of the owner of such land shall be guilty of a misdemeanor of the first degree, punishable as provided in section 775.082.

(g)

Building permits subject to final plat approval and recording. No building permit, except for those related to amenities, shall be issued nor shall any city services be rendered until a final plat for such impacted land has been approved and recorded pursuant to requirements herein stipulated.

(h)

Creation of subdivision by joint owners of land. Where it may subsequently become evident that a subdivision is being created by the recording of deeds by metes and bounds description of tracts of land, the city may, at its discretion, require all the owners involved to jointly file a plat of the subdivision being so created or require all owners of record to jointly conform to the applicable provisions of this article as are requisite for the issuance of building permits or the furnishing of any city service.

(i)

Effect on previously platted subdivisions. This article shall not apply to any land forming a part of a subdivision created and recorded prior to adoption of this ordinance, but it shall apply to any re-subdividing of each prior subdivision and any new subdivision.

(j)

Effect on active subdivision development. Developments that have received preliminary plat approval prior to adoption of these regulations and are recorded within 180 days following adoption of this code shall be exempt from the requirements for subdivision approval as stated herein. Such developments not having received preliminary plat approval shall be subject to the regulations as stated herein.

(k)

Relationship of deeds, covenants, and other private restrictions to the regulations for the subdivision of land. It is not intended by the provisions of these regulations to repeal, abrogate, annul, or in any way, impair or interfere with private restrictions placed upon property by deed, covenant, or private agreement, except that where this article imposes higher standards than imposed by such deeds, covenants, or private agreements, then the provisions of this article shall apply. The city shall not be responsible for enforcement of such deeds, covenants, or agreements.

(l)

Disapproval of plan. Upon disapproval of any plan, the city council shall indicate those sections, subsections, and/or paragraphs of this article with which the plan does not comply.

(a)

Staff administrative review responsibility. The planning and growth management department and other designees acting under the direction of the city manager shall administer the provisions of this ordinance.

(b)

General responsibility of planning and zoning commission and mandated compliance with comprehensive plan and land development code. Prior to the approval of any proposed subdivision, the area to be subdivided shall be determined by the planning and zoning commission to be consistent and in compliance with the comprehensive plan and land development code applicable to the land and use under consideration.

(c)

Burden of proof and other applicant responsibilities. The burden of proof of all applications, plans, plats, reports, tests, compliances, dedications, existence of agreements, liens, mortgages, surety, and other pertinent documents and instruments shall rest with and be the responsibility of the applicant or his duly authorized agent as prescribed in these regulations.

(d)

Hold harmless provision. The applicant shall furnish to the city a waiver, release and hold harmless from all liability and responsibility including provisions for indemnification for any and all damages or losses caused directly or indirectly by the breakdown, collapse or failure to any buildings, installations or structures constructed or installed in connection with the applicable development or project.

(e)

Decisions by city council and appeals to administrative decisions. The city council shall render all final decisions on preliminary subdivision plans and final plats after considering recommendations of the planning and zoning commission and the report of the planning and growth management director. Similarly the city council shall hear all appeals of administrative decisions regarding subdivision of land as well as decisions of the planning and zoning commission on subdivision of single lots. Land development regulations and interpretations or decisions of the city staff or the planning and zoning commission may be appealed to the city council.

Administrative procedures for filing requests for adjustments shall be as established in section 54-4.19.1(d). In rendering decisions on such requests, the city council shall base the decision on criteria cited herein in section 54-4.19.1(d).

(f)

Appeals of city council action. Any applicant, person, firm or corporation claiming to be injured or aggrieved by a final action of the city council may present to the Circuit Court of Indian River County a petition for a writ of certiorari to review such final action as provided by the Florida appellant rules. Such petition shall be presented to such court within 30 days after the date of such final action by the city council. The recommendations and decisions of staff as well as boards, commissions and committees shall not be deemed to be a part of this final action of the city council.

(g)

Enforcement. The city council or any aggrieved person may have recourse to any remedies in law and equity that may be necessary to ensure compliance with the provisions of this article, including injunctive relief to enjoin and restrain any person violating the provisions of this article and any rules and regulations adopted herein, and the court shall upon proof of the violation of the article have the duty to forthwith issue those temporary and permanent injunctions that are necessary to prevent the violation of this article. The city council in addition to other remedies, may institute any appropriate action or proceedings to prevent a violation or attempted violation, to restrain, correct or abate such violation, or to prevent any act which would constitute a violation.

(a)

Application. Application for a lot split shall be in a form prescribed by the planning and growth management department. The application shall contain the following:

(1)

A legal description and survey of the lot to be divided;

(2)

A legal description of the two parcels to be created;

(3)

A legal description and dedication of any easements for the new parcels;

(4)

A unity of title, in a form approved by the city attorney, unifying adjacent parcels and lots if the division of the original lot results in a nonconforming parcel;

(b)

Review procedures. The planning and growth management director and the city engineer shall review all applications for a lot split to ensure conformance with this code, the comprehensive plan, and the City of Sebastian Code of Ordinances. The lot split may not result in the creation of a nonconforming lot. All lots created by a lot split shall have area, frontage, width, and depth required by the zoning district in which said lots are located and shall be reviewed to assure that the lots continue to conform to the requirements of this article XIX, Subdivision.

(c)

Approval. Upon determination that the request for a lot split is consistent with this code, the comprehensive plan, and the code of ordinances, the planning and growth management department shall approve the application.

(d)

Recording. Upon approval of the lot split, the applicant shall record the legal description of the lots created, any unity of title and any dedication of easement with the clerk of the circuit court.

(a)

Exemptions. The following activities shall be exempt from the provisions of this chapter.

(1)

Lot creation. Creation of equal or larger building sites from lots of record.

a.

The combination or recombination of all or a portion of previously created parcels of record where the newly created or residual parcels comply with all applicable zoning district dimensional criteria or, where applicable, the regulations governing nonconformities.

b.

The combination or recombination of all or a portion of previously platted parcels of record are exempt where none of the newly created or residual parcels contain less area, width, or depth than the smallest of the original parcels of record being combined and no streets of any kind or public easements are created, changed or extinguished.

(2)

Boundary settlements. Any conveyance between adjoining landowners if:

a.

The purpose of the conveyance is to adjust or settle the common boundary line between adjoining landowners;

b.

The deed of conveyance or other legal instrument states such purpose and is recorded in the Official Records of Indian River County; and

c.

The resulting parcel(s) conform to the applicable zoning district dimensional criteria.

(3)

Conveyance to government. Any division of land for the purpose of conveying land to any federal, state or local government entity or agency or public utility, provided such conveyance is accepted by the grantee by an instrument recorded in the Public Records of Indian River County.

(4)

Division by order of court. Any division of land by order of a court of competent jurisdiction.

(5)

Corrective instrument. Any conveyance for the purpose of correcting an error made in the language used in an original conveyance.

(a)

Required pre-application procedures. Prior to making application for preliminary plat approval, the applicant for subdivision approval shall meet with the planning and growth management department and appropriate city staff to discuss, informally, preliminary concepts and sketches of the proposed subdivision and their relationship to these regulations. This procedure is mandatory and is intended to provide an opportunity for the applicant to receive staff assistance and advice prior to expending funds for preparing a preliminary plat.

Applicants for a subdivision that is part of a planned unit development (PUD) should reference section 54-4-20.2, Conceptual development plan, required for PUD districts. These procedures provide an opportunity for the applicant to become thoroughly familiar with the subdivision requirements and adopted comprehensive plan policies and land development regulations affecting the area in which the proposed subdivision lies. All applicants requiring a subdivision approval shall be subject to the following preliminary plat procedures:

(b)

Preliminary plat procedures. The purpose of the preliminary plat is to present the proposed subdivision in an exact and precise manner in order that it may be evaluated pursuant to this code. The preliminary plat shall be completed and approved prior to the application for approval of the design of the improvements required by this code.

(1)

Preparation of preliminary plat. The applicant shall retain the services of a civil engineer and/or land surveyor registered in Florida to prepare a preliminary plat of the proposed subdivision. The plat shall be clearly and legibly drawn or reproduced at a scale no smaller than one inch equals 200 feet and shall include information as outlined below. Copies of all information shall be provided in an 8½ × 11-inch format—The precise number of copies to be determined by the planning and growth management department.

a.

Name of subdivision or identifying title which shall not duplicate or closely approximate the name of any other subdivision in the incorporated area of the city.

b.

North arrow graphic scale and date of preparation. The city engineer shall approve the scale, but in no case shall such scale be smaller than one inch equals 200 feet.

c.

Name, address and telephone number of the applicant, owner of record, mortgage holder or any other person having a legal equitable or beneficial interest in the land together with a statement from such owners or others having an interest in the land that they will join in the dedication of the proposed subdivision.

d.

The name, business address and registration number of the engineer and/or surveyor responsible for the plan, plat and supporting data.

e.

The names of adjacent subdivisions, if any, and plat book and page reference, together with the names of owners of record having an interest in such adjacent acreage.

f.

A contour map showing ground elevations at intervals of not more than one foot, based on the United States Coastal and Geodetic Survey datum, of the area to be subdivided and of a perimeter strip at least 50 feet and up to 150 feet in width around the area as required by the city engineer. Topographical conditions on the subject subdivision including all the existing watercourses, drainage ditches and bodies of water, marshes and other significant, natural or manmade features.

g.

The name, alignment, and width of all existing and proposed streets, alleys, rights-of-way or easements, adjacent to or within 300 feet of the tract including name, right-of-way width, street or pavement width and established center line elevation. Existing streets shall be dimensioned to the tract boundary.

h.

All existing and proposed property lines, easements and rights-of-way, their purpose, their effect on the property to be subdivided, and the proposed layout of lots and blocks.

i.

Access points to collector and arterial streets showing their compliance to the access requirements established by this ordinance.

j.

All existing drainage district facilities and their ultimate right-of-way requirements as they affect the property to be subdivided.

k.

Utilities such as telephone, power, water, sewer, gas, etc., on or adjacent to the tract including existing or proposed water treatment plants and sewerage treatment plants. The preliminary plat shall contain a statement that all utilities are available and have been coordinated with all required utilities.

l.

Sites proposed for parks, recreational areas and schools.

m.

The locations of all temporary structures or permanent structures having a temporary use. Permanent structures having a temporary use shall contain a statement outlining the temporary use.

n.

If the property to be subdivided borders upon any public waters, then the applicant shall establish the mean high water line and so delineate it on the plat. The applicant shall provide a plan for stabilizing the shoreline with natural vegetative cover or other environmentally sensitive manner acceptable to the Department of Environmental Regulation (DER) and the city. The zone of transition along the shoreline shall also be designated together with plans for preserving native indigenous plant communities within the zone of transition.

o.

Permanent reference monuments shall be shown and subsequently installed at all block corners, and at all points of reverse or compound curvature, and at all points of tangency occurring with block limiting lines.

p.

Block perimeter returns at block corners or other block line intersections shall be stated in terms of tangent distances of five-foot intervals, with a minimum tangent distance of 20 feet.

q.

A vicinity sketch at a scale no smaller than one inch equals 2,000 feet, showing the location of the boundary lines and distance of the land proposed for subdivision in reference to other areas of the city. The section, township, and range of the site and the legal description of the site shall also be included.

(2)

Required supplemental information. The following information shall be submitted with the preliminary plat:

a.

Existing land use policy and proposed policy changes. Submit existing comprehensive plan designation and zoning classification of the property in question. Any proposed change in such classifications shall be made known to reviewing bodies by presenting proof indicating that of any required applications for attaining such policy changes have been submitted.

b.

On-site wastewater disposal data. When a public sewage disposal system is not available, the suitability of the soil to support on-site disposal shall be determined by the Florida State Board of Health and a report of its findings shall be submitted to all reviewing bodies. An adverse report by the Florida State Board of Health shall be deemed as sufficient grounds for disapproval of the proposed subdivision or portion thereof. Any subdivision being denied on such grounds shall not be reconsidered until the requirements of the Florida State Board of Health are met.

c.

Surface water management plan. A master stormwater management plan outlining the primary and secondary drainage facilities needed for the proper development of the subdivision shall be submitted as part of the subdivision application. The master surface water management plan for the subdivision shall comply with all applicable requirements of the surface water management performance criteria set forth in article XII.

d.

Traffic impact analysis. The traffic impact analysis shall be prepared by a professional engineer and shall be used to determine the number of lanes and capacity of the street system proposed or affected by the development and the phasing of improvements.

e.

Required park land and/or facility improvements.

f.

Required potable water improvements.

g.

Required wastewater improvements.

h.

Erosion and sedimentation control improvements.

i.

Reference to required specifications.

j.

Schedule of multiple phases if appropriate. If the proposed subdivision is of such size that its development will be undertaken in increments, those increments and their order shall be indicated. Where increments of high elevations are undertaken before those of lower elevation, ultimate stormwater disposal courses in the lower increments must be concurrently developed.

k.

Amenities development plan. All amenities shall be depicted on the preliminary plat/preliminary development plan identifying the phases, if any, in which the amenities will be constructed. No building permits for lot development will be issued until the amenities are constructed in accordance with the amenities development plan. In lieu of the above, the city will issue building permits if the developer submits to the city a guarantee, as outlined below, to insure all amenities will be constructed.

Additional guarantees. Guarantees in the amount equal to 110% of the sum of engineering and construction costs based on the applicant's engineer's estimate or contract bid prices. The guarantee shall be in one of the following forms:

i.

Cash deposit.

ii.

Personal bond with irrevocable letter of credit.

iii.

Surety bond (having a Best's rating of AAA).

(3)

Filing fee. Upon filing the preliminary plat with the planning and growth management department, the applicant shall submit a fee that shall be determined by the resolution of the city council, payable to the City of Sebastian. The fee is not reimbursable but is to help defray the cost of administering and processing the preliminary plat.

(4)

Review procedures. The planning and growth management department shall coordinate the review of the preliminary plat and supplemental information as to their completeness and specific conformance with this ordinance. The planning and growth management department shall inform the applicant's engineer or agent whether the plans and/or plat as submitted meet the general provisions of this ordinance. The timing of review procedures and requirements governing the number of documents to be submitted and related fees, shall be determined by resolution of the city council.

a.

When the staff finds that the preliminary plat and required data do not meet provisions of this ordinance, the applicant shall be so advised in writing as soon as practicable concerning what corrections or revisions are necessary to meet the provisions of this ordinance. Upon receipt of such findings, the applicant shall make the corrections or revisions and resubmit the preliminary plat and required data to the planning and growth management director for review of the amended plan. If the applicant chooses not to provide the corrections, revisions, or other information requested by staff, the department shall at the request of the applicant forward the application to the planning and zoning commission accompanied by the staff's comments, including documentation of unresolved issues.

b.

When the planning and growth management director and city engineer have completed staff review, written recommendations shall be submitted to the applicant and the subdivision application will be scheduled for the next step or steps in the review process.

c.

Subsequent to receiving a staff recommendation, the application shall be scheduled for the next available regular meeting of the planning and zoning commission. Prior to the planning and zoning commission's review, the applicant shall submit copies of the preliminary plat and required data to the planning and growth management department. The planning and zoning commission may consider the physical characteristics of the property, the availability of community services, traffic impact, economic impacts, appropriateness of the type and intensity of the proposed development, existing and future development, existing and future development patterns, land development code, relationship of the project to the city's capital improvements program, or other such factors as may relate to the comprehensive plan or elements thereof. The planning and zoning commission shall make a written recommendation to the city council on the development.

d.

Subsequent to receiving recommendation(s) from the staff, the planning and zoning commission and other reviewing entities, the application shall be scheduled for city council review. Prior to the city council's review the applicant shall submit the appropriate number of copies of the subdivision preliminary plat and required data. The applicant may tender changes to the application to correct deficiencies identified by the planning and zoning commission prior to forwarding the application to the city council. During its review, the city council shall consider the written recommendations of the city staff, the planning and zoning commission, any other reviewing agencies, and presentations from the public. The city council may approve or disapprove the preliminary plat and required data. When an application is disapproved, the city council shall state the reasons for disapproval and indicate what further actions, if any, by the applicant may be undertaken to secure the city council's approval.

e.

When a proposed development is a development of regional impact (DRI) as defined by section 380.06, F.S., the public hearing requirements for a DRI shall be determined by Florida Statutes. Copies of all plans, reports, maps and other documents required by the regional reviewing agency shall be submitted to the planning and growth management director if the proposed development is a DRI.

f.

Following city council's approval of the preliminary plat and required data, the applicant shall be authorized to proceed with the application for construction approval required by this ordinance.

(c)

Construction approval procedures. After the city council's approval of the preliminary plat, the applicant may apply to the city engineer for construction design approval. The city engineer shall review and approve the design of the required improvements. No construction shall be initiated until the required design improvements have been approved pursuant to this section.

(1)

Fee for construction approval. Upon filing application for construction approval, the applicant shall pay to the City of Sebastian a processing fee, the amount of which shall be determined by resolution of the city council in order to help defray the cost of processing.

(2)

Timing of required improvements design approval submission. Application for required improvements design approval shall occur within 12 months of the approval of the preliminary plat by the city council. Application for approval of subsequent phases, if any, shall occur within 12 months of the issuance of a certification of completion of the previous phase. Failure to submit for construction approval within the specified amount of time shall require reapplication under the preliminary plat section of this article. The applicant may not apply for construction approval for any portion of the preliminary plat that is not to be constructed within the following 18 months.

Failure to make application for construction approval within the required time periods may result in the revocation of a preliminary plat unless the applicant has applied for an extension from the city council prior to the lapse. The request for the extension must be made in writing and filed with the planning and growth management department a minimum of 90 days prior to the expiration date. The applicant shall demonstrate good cause for the extension. The city council shall consider the request at a meeting and may extend the prescribed time period up to 12 months if the city council finds that the applicant has progressed in good faith toward the implementation of the preliminary plat.

(3)

Contents of the application. Specification for all required improvements shall be submitted and subject to the standards set forth in section 54-4-19.10.

(4)

Review by staff. The planning and growth management department shall distribute copies of the application and supporting data to the city engineer and appropriate staff for review.

(5)

Approval. The city engineer must find that the proposed construction is in compliance with the approved preliminary plat and the requirements of section 54-4-19.10. The city engineer may approve, conditionally approve, or deny the application for construction approval. Upon approval, the applicant may proceed with construction of the required improvements.

Appeal of the city engineer's action shall be made to the planning and zoning commission. Such appeal shall be filed with the planning and growth management department within ten working days and the appeal shall be placed on the agenda of the next planning and zoning commission meeting.

(6)

Unconstructed previously approved plats. The approval of the construction for plats approved prior to the effective date of this ordinance, which have not been constructed, shall follow the procedures in this section.

(d)

Subdivision final plat approval procedures. The following regulations apply to final plat approval procedures. Application for approval of a final plat shall be filed with the planning and growth management department. All required supplementary materials shall accompany the final plat, including certified as-built construction drawings, or the legal instruments demonstrating specific performance guarantees. No final plat shall be approved by the city council and no plat shall be recorded until the required improvements have been installed or performance guarantee posted pursuant to the requirements of this article. No such required improvements including streets, drainage and other required facilities shall be accepted and maintained by the city, unless and until the same, including the final plat, have been duly inspected and recommended for approval by the planning and growth management director and the city engineer. In addition, the city attorney shall review all performance guarantees and the legal content of all final plats.

(1)

Applicant's responsibilities. The applicant shall comply with the following procedures.

a.

Fee for final plat. Upon filing application for final plat approval, the applicant shall pay to the City of Sebastian a processing fee, the amount of which shall be determined by resolution of the city council. In addition, the applicant shall pay all fees associated with the city's surveyor review in accordance with the requirements of chapter 177, Florida Statutes.

b.

Timing of final plat submission. Failure to submit the final plat within 18 months following approval of the preliminary plat shall require reapplication under the preliminary plat section of this article unless the city council grants specific extension of time. In phased subdivisions, time restriction shall be established at time of preliminary plat approval. The timing of planned unit development final plat submittal requirements shall control in case of conflict with provisions herein set forth.

c.

Required compliance. The final plat shall conform to the approved subdivision preliminary plat and approved construction permit, and shall meet the legal requirements of platting as defined by chapter 177, Florida Statutes, as amended, and shall consist of a fully executed correct plat map, meeting all state and city standards, final engineering drawings and auxiliary submittals, and all required legal instruments. Notwithstanding, the final plat shall constitute only that portion of the approved preliminary plat that the applicant proposes to record. When an application is disapproved, the city council shall state the reasons for disapproval and indicate what further actions, if any, by the applicant may be undertaken to secure the city council's approval.

d.

Content of final plat. The final plat shall include one original to be drawn or printed on 24 × 36-inch mylar or other approved material and two copies of the final plat and of all other required data. Copies of the final plat shall also be provided in an 8½ × 11-inch format. The final plat shall be prepared by a professional surveyor mapper (PSM) and is to be clearly and legibly drawn with black permanent drawing ink. The final plat shall be prepared in accordance with the provisions of chapter 177, Florida Statutes, as amended.

1.

Name of subdivision. The plat shall have a title or name acceptable to the city printed in bold lettering across the top of the sheet. When the plat is a new subdivision, the name of the subdivision shall not duplicate or be phonetically similar to the name of an existing subdivision. When the plan is an addition to a recorded subdivision, it shall carry the same name as the existing subdivision.

2.

Title block. The plat shall have a title block printed in bold legible letters containing the name of the subdivision; the name of the city, county and state; the section, township and range as applicable or if in a land grant, so stated; and if the plat is a replat, amendment or addition to an existing subdivision, it shall include the words "section," "unit," "replat," "amendment," or similar designation reflecting the same.

3.

Legal description. A full and legal description of the land within the plat shall be lettered or printed upon the plat. The description shall show the section, township and range in which the lands are situated or if a land grant, so stated, and must be so completed that from it, without reference to the map, the starting point can be determined and the boundaries run.

4.

Index sheet. If more than one sheet is required for the map, the plat shall contain an index sheet on page l, showing the entire subdivision on the sheet indexing the area shown on each succeeding sheet and each sheet shall contain an index delineating that portion of the subdivision shown on that sheet in relation to the entire subdivision. When more than one sheet must be used to accurately portray the land subdivided, each sheet shall show the particular number of that sheet and the total number of sheets included, as well as clearly labeled match lines to each sheet.

5.

Required survey data. The final plat shall fully comply with chapter 177, Florida Statutes, and shall show the length of all arcs together with central angles, radii, and points of curvature. Sufficient survey data shall be shown to positively describe the boundary of each lot, block, right-of-way, easement, building line and all other areas shown on the plat and all areas shall be within the boundary of the plat as shown in the description. The survey data contained on the plat shall also include:

i.

The scale, both stated and graphically illustrated, on each sheet.

ii.

A north arrow shall be drawn on every sheet, including showing any portion of the lands subdivided. The bearing or azimuth reference shall be clearly stated on the face or first page of the plat in the notes or legend.

iii.

The point of beginning shall be boldly shown together with the letters "P.O.B." in bold letters.

iv.

All intersecting street right-of-way lines shall be joined by the long chord of minimum radius of 25 feet and all dimensions shall be shown.

v.

All adjoining property shall be identified by a subdivision title, plat book and page or if unplatted, the land shall be so designated.

vi.

Permanent reference monuments (P.R.M.) shall be shown in the manner prescribed by chapter 177, Florida Statutes, as amended, and shall be installed prior to submission of the final plat.

vii.

There shall be reserved on each sheet of the plat a three-inch by five-inch space in the upper right-hand corner to be used by the clerk of the circuit court for recording information and each sheet shall reserve three inches on the left margin and a one-half-inch margin on all remaining sides.

viii.

The map shall mathematically close within 0.01 foot and shall be accurately tied to all township, range and section lines occurring within the subdivision by distance and bearing. In addition, the initial point in the description shall be accurately tied to the nearest quarter-section corner of section corner or government corner.

ix.

The cover sheet or first page of the plan shall show a vicinity sketch, showing the subdivision's location in reference to other areas of the city or abutting unincorporated areas.

6.

Lot and block identification. Each lot and block shall be numbered or lettered. All lots shall be numbered in each block by progressive numbers individually throughout the subdivision in a clockwise direction starting at the northwest corner of each block of the subdivision. Blocks in each incremental plat shall be lettered consecutively throughout a subdivision in a clockwise direction starting at the northwestern-most corner of the subdivision.

7.

Street names. The plat shall contain the name of each street shown on the plat. Proposed streets which are in alignment with other existing and named streets shall bear the same name of the existing street. In no case, except as indicated in the preceding sentence, shall the name of the proposed street, excluding a numerical system, duplicate or be phonetically similar to existing street names, regardless of the use of the suffix street, avenue, boulevard, drive, place, court or similar suffix.

8.

Not-included parcels. "Not-included or "excepted" parcels must be marked "not part of this plat." Where a not-included parcel is completely surrounded by areas included within the plat, sufficient easements or rights-of-way shall be provided for access, utilities and drainage for the not-included parcel. No strip or parcel of land shall be reserved by the owner unless the same is sufficient in size and area to be of some particular use or service. The intended use for all reserved areas shall be shown on the plat in note form on the cover sheet.

9.

Rights-of-way and easements. All right-of-way and easement widths and dimensions shall be shown on a plat. The plat shall contain a statement that no buildings or any kind of construction or trees or shrubs shall be placed on easements.

10.

Restrictions, reservations and restrictive covenants. Restrictions pertaining to the type and use of water supply; type and use of sanitary facilities; use and benefits of water areas, canals and other open spaces, odd-shaped and substandard parcels; restrictions controlling building lines; establishment and maintenance of buffer strips and walls; and restrictions of similar nature shall require the establishment of restrictive covenants and such covenant shall be noted on the plat. Documents pertaining to restrictive covenants shall be submitted with the final plat.

11.

Private streets and related facilities. All streets and their related facilities designed to serve more than one property owner shall be dedicated to the public use. Notwithstanding, private streets shall be permitted within property under single ownership, a property owners' association or a condominium or cooperative association as defined by Florida law. Where private streets are permitted, ownership and maintenance association documents shall be submitted with the final plat and the dedication contained on the plat shall clearly dedicate the roads and maintenance responsibility to the association without recourse to the city or any other public agency. The rights-of-way and related facilities shall be identified as tracts for road purposes under specific ownership.

12.

Certification and approvals. The plat shall contain on the face or first page the following certifications and approvals, acknowledged as required by state law, all being in the form set forth by the city attorney.

i.

Dedications. The purpose of all reserved areas shown on the plat shall be defined in the dedication on the plat. All areas reserved for use by the residents of the subdivision as well as all areas reserved for public use, including but not limited to parks, rights-of-way for roads, streets or alleys, utility or drainage easements or right-of-way, together with all other area lands to be used by the public or subdivision residents shall be dedicated by the owner of the land at the time the plat is recorded.

ii.

Mortgagee's consent and approval. All mortgages, along with the mortgagee's consent and approval of the dedication, shall be required on all plats where mortgages encumber the land to be platted. The signature(s) of the mortgagee or mortgagees as the case may be, must be witnessed and the execution must be acknowledged in the same manner as mortgages are required to be witnessed and acknowledged. In case the mortgagee is a corporation, the consent and approval shall be signed in behalf of the corporation by the president or a vice-president and the secretary or an assistant secretary, respectively, by and with the authority of the board of directors.

iii.

Certification of surveyor. The plat shall contain the signature, registration number and official seal of the land surveyor, certifying that the plat is a true and correct representation of the land surveyed under his responsible direction and supervision and that the survey data compiled and shown on the plat complies with all of the requirements of this ordinance and chapter 177, Florida Statutes, as amended. The certification shall also state that permanent reference monuments, "P.R.M.," have been set in compliance with this ordinance and chapter 177, Florida Statutes, as amended, and the permanent control points, "P.C.P.," will be set under the direction and supervision of the surveyor within one year from the date the plat was recorded.

When required improvements have been completed prior to the recording of a plat, the certification shall state the PCPs have been set in compliance with the laws of the State of Florida and ordinances of the City of Sebastian. When plats are recorded and improvements are to be accomplished under security posted as provided for by this ordinance, the required improvements and surety shall include installation of PCPs.

iv.

City engineer. The plat shall contain an approval and signature block for the city engineer.

v.

City's surveyor. The plat shall contain an approval and signature block for the city surveyor.

vi.

City attorney. The plat shall contain a signature block for the city attorney indicating that the plat and all documents and sureties relating thereto have been reviewed and approved as to legal form and content.

vii.

Mayor and city clerk. Prior to filing by the clerk of circuit court, the plat shall contain an approval and signature block for the mayor and the acknowledgment and signature block of the city clerk. Upon adoption of a resolution approving the plat, the mayor shall execute the plat and the plat shall be presented to the clerk of the circuit court by the city clerk for recording.

viii.

Certification of title. A title certificate shall be contained on the face or first page of the plat. The title certification shall state:

(a)

That the lands as described and shown on the plat are in the name, and apparent record title is held by, the person, persons or organization executing the dedication;

(b)

That all taxes have been paid on said lands as required by section 197.192, Florida Statutes, as amended;

(c)

All mortgages on the land and indicate their official record book and page number. The title certification must be an opinion of an attorney at law licensed in Florida, or the certification of an abstractor or a title insurance company licensed in Florida.

ix.

Instrument prepared by. The name and address of the natural person who prepared the plat shall be contained on the plat as required by Florida Statutes, as amended. The name and address shall be in statement form consisting of the words, "this instrument was prepared by (name) (address) ."

13.

Existing or recorded streets. The plat shall show the name, location and width of all existing or recorded streets intersecting or contiguous to the boundary of the plat, accurately tied to the boundary of the plat by bearings and distances.

e.

Timing of improvements and/or posting of surety. In addition to the foregoing requirements and items to be shown on the face of the plat, the final plat, when submitted, shall be accompanied by a statement of the developer indicating whether the required improvements are to be constructed prior to the recording of the plat or after recording under guarantees posted with the city as provided for in this ordinance:

1.

Completion of improvements prior to issuance of building permit. When the improvements are to be completed prior to the recording of the plat, it shall be expressly understood that no building permits shall be issued for any structure on a lot wherein the final plat has not been approved and recorded in a manner prescribed in this ordinance. The approval to construct required improvements shall not be construed as authority for the sale of lots in reference thereto.

2.

Surety. When the required improvements are to be completed after recording under guarantees, as provided in this ordinance, the final plat upon submittal shall be accompanied by the following:

A certified cost estimate shall be prepared by the applicant's engineer and shall include the cost of all required improvements and/or shall include contract bid for all work required to complete the required improvements. Such certified costs shall be subject to the approval of the city engineer.

3.

Additional guarantees. Guarantees in the amount equal to 110% of the sum of engineering and construction costs based on the applicant's engineer's estimate or contract bid prices. The guarantee shall be in one of the following forms:

i.

Cash deposit.

ii.

Personal bond with irrevocable letter of credit.

iii.

Surety bond (having a Best's rating of AAA).

f.

Time restriction on development. The applicant may not apply for final plat approval on any portion of the approved preliminary plat which he does not propose to record and develop within the following 12 months. Failure to make application for final plat approval of a development phase or for the issuance of a certificate of completion for a development phase on an approved preliminary plat within a period of 18 months from the date of approval of the preliminary plat may result in revocation of said preliminary plat unless the applicant applies for an extension from the city council prior to the lapse. The request for extension must be made in writing to the city council a minimum of 90 days prior the scheduled expiration of the preliminary plat. The applicant must demonstrate good cause for the extension. The city council shall consider the request at a meeting and may extend the prescribed time period up to 18 months if the applicant presents evidence which demonstrates that the applicant has progressed in good faith toward implementing the preliminary plat.

g.

Submission of final plat. Upon completion of the foregoing requirements, ten prints of the final plat and two reproducible mylars of the final plat shall be submitted to the city clerk and be accompanied by the following:

1.

A statement indicating whether the required improvements are to be constructed prior to recording of the plat or after recording of the plat.

2.

A check payable to the City of Sebastian for the city's surveyor review in accordance with requirements as established in chapter 177, Florida Statutes.

3.

A check made payable to the Clerk of the Circuit Court of Indian River County for recording the plat in the amount established by that office.

4.

A copy of the homeowner's association or condominium documents if applicable. Such documents shall indicate the maintenance responsibility for the required improvements and shall provide for the formation of a special taxing district to assume maintenance responsibility for the required improvements in the event of the dissolution of the condominium or homeowners' association.

5.

If the developer elects to construct the required improvements after recording the plat, the following shall be submitted:

i.

A contract, executed in triplicate, between the city and the applicant for the construction of required improvements in the form so titled.

ii.

Guarantees of 110% of the amount defined in this subsection 54-4-19.5.F(2).

6.

Supplementary material designated by the city, i.e., deeds, easements, etc., when access, drainage, or utility services cannot be accomplished through platted rights-of-way deeds or easements to accomplish access, drainage or utility service.

(2)

Review by staff. The planning and growth management director, city engineer, city attorney, and the city's surveyor, as appropriate, shall examine the final plat as to its compliance with the Constitution and Statutes of the State of Florida and the ordinances of the City of Sebastian and shall, in writing, within a required time period, or at such other time as shall be determined by resolution of the city council, report their findings, recommendations, or approval to the applicant. Such action shall be specified in writing.

a.

If any deficiency exists, a reference shall be made to the specific article or section with which the final plat does not comply. The applicant upon written notice shall correct any such deficiency.

b.

If the final plat meets the provisions of this ordinance, complies with the Constitution and Statutes of the State of Florida and the ordinances of the City of Sebastian, the appropriate city staff as above cited shall recommend approval to the city council.

c.

No revisions to the final plat shall be allowed after it has received city council approval.

(3)

City council review procedure.

a.

Where required improvements constructed prior to recording. Upon submittal of the reproducible final plat, certification and approvals contained on the plat shall be current and the plat shall be checked as required by this article prior to presentation to the city council for approval.

b.

City council review procedure where performance guarantee posted. In the event the applicant elects to record the final plat prior to completion of the required improvements under performance guarantees as provided for in this section, the final plat shall be presented to the city council by the city attorney accompanied by appropriate legal instruments.

c.

Action. Action by the council shall be taken after receipt of the final plat and supporting data to the city unless the applicant requests delay. Following the city council's approval and acceptance of the required improvements (or the legal instruments comprising approved posting of requisite performance guarantees), the final plat shall be duly signed certifying that the development has met all requirements of this article.

(4)

Recording final plat. After the final plat has been approved and certified and all requirements are met, the city clerk shall submit the final plat to the clerk of the circuit court, who shall record only those final plats that have been approved in accordance with this ordinance. After the final plat has been recorded the city clerk shall provide the appropriate copies to the planning and growth management director and city engineer.

(e)

Schedule of development phases. The applicant may schedule proposed development phases within any proposed subdivision. The scheduled development phases shall have been specified on the approved preliminary plat and shall be of such a size and design and be scheduled so that all portions completed at any time can exist independently as a subdivision in complete conformity with the requirements of this ordinance. Any change in the schedule of phases must receive prior approval by the planning and zoning commission. If phased, the applicant shall have the option of requesting either final plat approval or the issuance of a certificate of completion on one or more of the development phases in conformity with all the procedures and requirements of this ordinance.

(f)

Final plat recording requirements. The final plats for subdivisions, within the incorporated area of the City of Sebastian, shall not be recorded until the developer has installed the required improvements or has guaranteed to the satisfaction of the city council that such improvements will be installed.

(1)

Completion of required improvements prior to final plat recording. In the event the applicant exercises the right to construct and complete required improvements prior to recording of the final plat, the city staff shall have the right of entry upon the property to be platted for the purpose of inspecting and reviewing the construction of the required improvements during the progress of such construction. The applicant shall coordinate the construction with the city engineer. When the required improvements are complete, the final plat along with the records and data as herein prescribed shall be submitted by the applicant to the planning and growth management department and shall be reviewed by city staff as provided for in this article. When all requirements of this ordinance have been complied with, the plat and a completion certificate, shall be presented for review and approval to the city council by the city engineer and planning and growth management director, no later than 30 days after receipt of the completion certificate. Upon such approval, the city clerk shall submit the final plat to the office of the clerk of the circuit court for recording.

(2)

Completion of required improvements after recording of plat. When the applicant desires to record the plat in lieu of prior construction of required improvements, the applicant shall file with the city surety documents guaranteeing that such improvements will be installed. All guarantees shall be incorporated in a bonded agreement for the construction of the required improvements in the form prescribed in the appendix of this ordinance. All agreements, guarantees and documents shall be subject to approval of the city attorney and city council. The guarantee shall be in one of the following forms unless an alternate irrevocable form is approved in writing by the city attorney and is approved by the city council.

(3)

Performance guarantees. A guarantee shall be required from the applicant who chooses not to install the required improvements prior to final plat approval providing guarantees to ensure the proper installation of required street, utility, and other improvements, in the event of default by the applicant. The guarantee shall be presented in one of the following forms:

a.

Cash deposit. The applicant shall deposit with the city or place in an escrowed bank account subject to the control of the city, cash in the full amount of 110% of engineering and construction costs for the installation and completion of the required improvements. The applicant shall be entitled to receive all interest earned on such deposit or account. In the event of default by the applicant or failure of the applicant to complete such improvements within the time required by this ordinance, the city, after 60 calendar days' written notice to the applicant, shall have the right to use such cash deposit or account to secure satisfactory completion of the required improvements; or

b.

Personal bond with letter of credit. The applicant may furnish to the city a personal bond secured by an unconditional and irrevocable letter of credit, in an amount equal to 110% percent of the total estimated cost of engineering and construction for the installation and completion of the required improvements. The expiration date of the letter of credit shall be at least three months following the date of certification of all improvements.

The letter of credit shall be issued to the city by a State of Florida or federal banking institution. Such letter of credit shall be in the form approved by the city attorney. In the event of default by the applicant or failure of the applicant to complete such improvements within the time required by this ordinance, the city, after 60 calendar days' written notice to the applicant, shall have the right to use any funds resulting from drafts on the letter of credit to secure satisfactory completion of the required improvements; or

c.

Surety bond. The applicant may furnish the city a surety bond obtained from a company having a Best's rating of AAA, guaranteeing that within the time required by this ordinance, all work required will be completed in full accordance with the plat and all conditions attached thereto, copies of which shall be attached to and constitute a part of the bonded agreement. Said bond shall be in the amount equal to 110% of the total estimated cost of engineering and construction for the installation and completion of all required improvements. In the event of default by the applicant or failure of the applicant to complete such improvements within the time required by this ordinance, the city, after 60 calendar days' written notice to the applicant, shall call on the bond to ensure satisfactory completion of the required improvements.

(a)

Construction management plan and inspection schedule. In cases where the proposed development contains two or more phases and/or the project's proposed construction schedule is anticipated to exceed a period of one year, the applicant shall be required to submit a construction management plan and inspection schedule as part of the site plan.

(1)

Content of construction management plan and inspection schedule. The construction management plan shall specify the following:

a.

The timing and phasing of construction activities, including specific benchmarks for the completion of structures accommodating the principal use(s);

b.

A schedule of inspections which complies with the city's adopted building codes, including a program of improvements anticipated to be completed prior to each scheduled inspection;

c.

The building permit shall not be valid for a period exceeding two years and no single phase of development shall extend for a period longer than two years;

d.

The schedule shall acknowledge in writing that a new building permit must be obtained whenever:

1.

Construction is not commenced within 180 days from the time the permit was released;

2.

Construction activity is dormant for a period of six months or more;

3.

The developer fails to call for and achieve approved inspections within planned 180-day intervals as shall be evidenced in the construction schedule; and

4.

A new phase of a phased development is commenced.

e.

The applicant shall acknowledge in writing that the applicant shall bear the burden of demonstrating that the construction activity is consistent with the site plan and has occurred in a timely manner consistent with the approved construction management plan and inspection schedule. The applicant shall further acknowledge that upon failure to meet the inspection schedule, the building permit shall expire. A new building permit shall be required in order to undertake construction activity on a site where a building permit has expired.

(2)

Timing of adjustments to the construction management plan and schedule. A building permit holder shall bear the burden of keeping a construction management plan current. Any event which may cause a delay in the permittee's compliance with the terms of a construction management plan and schedule shall be brought to the attention of the planning and growth management director. Any change in the construction schedule shall be approved by the planning and zoning commission.

The burden shall be on the applicant to successfully negotiate and effectuate an adjustment to the construction management plan and schedule prior to a lapse in any scheduled inspection. Such lapse shall be defined as a failure to complete improvements consistent with the agreed upon construction and inspection schedule.

(b)

Construction commencement. After approval of the construction permit, an applicant may construct the required improvements subject to obtaining all required permits. The city engineer shall be notified in advance of the date of commencement of such construction.

(1)

Surveillance by the city engineer. Construction shall be performed under the surveillance of, and shall at all times be subject to, review by the city engineer or other representative designated by the city manager. However, this in no way shall relieve the applicant and his engineer of the responsibility for close field coordination and final compliance with the approved plans, specifications and the requirements of this ordinance.

(2)

Construction administration by Florida registered engineer. The applicant shall employ a Florida registered engineer for complete administration of the construction of the required improvements. The applicant shall require progress reports and final certification of the construction of the required improvements from such engineer be filed with the city engineer.

(3)

Right to enter. The city engineer or his duly authorized representative shall have the right to enter upon the property for the purpose of inspecting the quality of materials and workmanship and reviewing the construction of required improvements during the progress of such construction.

(4)

Progress reports. The applicant's engineer shall submit construction progress reports at points of progress prescribed by the city engineer. The applicant's engineer shall coordinate joint reviews of the construction with the city engineer or other designated city staff.

(5)

Time to complete. The applicant shall have 18 months to complete all construction of the project or phase.

(6)

Stop work orders. The city engineer shall have authority to stop work upon failure of the applicant or his engineer to coordinate the construction of the required improvements prescribed by this article.

(7)

Final inspections. Upon completion of the required improvements the applicant's engineer shall give the city engineer not less than three working days' notice to make the final inspection of the required improvements, landscaping, and sign installations. The building director shall have the authority to withhold or deny approval of CO's relative to buildings and/or structures of a subdivision until the construction and installation of required improvements of that subdivision have been satisfactorily completed in accordance with the land development code.

The required improvements shall not be considered complete until a completion certificate along with the final project records, including "as built" drawings have been furnished to, reviewed and approved by the city engineer. The certificate shall be certified by the applicant's engineer stating that the required improvements were installed under his responsible direction and that the improvements conform to the approved construction plans and this ordinance. The applicant's engineer shall also furnish a copy of each of the construction plans on a high quality, durable reproducible material acceptable to the city engineer, showing the original design in comparison to the actual finished work and a copy of the measurements, tests and reports made on the work and material during the progress of the construction.

As a condition for the final release of the applicant from his bond, or for the release of any cash securities deposited with the city, the following must be furnished:

(1)

A statement from the applicant's engineer that all work has been completed in strict accordance with the approved development plan and appropriate specifications;

(2)

Evidence by reference to plat book and page that the approved final plat has been filed;

(3)

A statement from the city engineer that the work has been found to be in accordance with the general provisions of the development plan;

(4)

The submission by the applicant's engineer to the city engineer of a complete set of "as built" drawings together with operating manuals and parts' lists for any mechanical installations made;

(5)

A statement by the applicant's surveyor verifying completion of all required survey work and installation of all required P.R.M.s; and

(6)

A release from the contractor, engineer, surveyor or any other person or persons performing any service or furnishing any material for the subdivision that they will not file a lien on the subdivision for nonpayment of service or material charges.

All required improvements for a project or each phase thereof shall be completed within 12 months from the date of approval of the design of the required improvements. Time extensions for demonstrated good cause may be granted by the city council upon the recommendation of the planning and zoning commission. The applicant shall present a written request for extension to the planning and growth management department. The city council shall consider the request at a meeting and may extend the prescribed time period for up to 12 months if the city council finds that the applicant has progressed in good faith toward the implementation of the preliminary plat.

(a)

Workmanship and material agreement. The applicant shall execute an agreement guaranteeing the required improvements against defect in workmanship and materials for one year after acceptance of such improvements by the city council. Said agreement shall be submitted to the city engineer along with the completion certificate and project records.

(b)

Procedure for accepting dedications. The dedication of public space, parks, streets, rights-of-way, easements or the like on the plat shall not constitute an acceptance of the dedication by the city. The applicant shall apply to the city engineer for acceptance of required improvements by the city council. The applicant's engineer shall furnish to the city engineer in writing a sealed and signed certificate stating that the required improvements have been completed in accordance with the approved plan and comply with this ordinance and all other applicable codes. Any recommendations for acceptance of the dedication shall be subject to the inspection and approval of the city engineer. Action accepting any dedications shall occur only upon adoption of a resolution by the city council that shall accept the subject dedications at such time as all improvements meet or exceed the standards set forth by this ordinance

The city engineer shall receive notice in adequate time to arrange for inspection prior to the beginning of construction and at appropriate staged intervals thereafter. The planning and growth management director in consultation with the city engineer may require laboratory or field tests as well as staged inspections at the expense of the applicant when appropriate. Any failure of work or materials to conform with the plans and specifications or failure to notify the city in time for indicated inspections shall be cause for the city council to reject the facilities.

(c)

Recommendation. The city engineer upon satisfactory completion, receipt of the applicant's engineer's completion certificate, affidavits from all contractors and others who furnished goods and services for the required improvements acknowledging payment in full therefore, and receipt of the agreement, and a recommendation of approval of the planning and growth management director shall certify that the applicant has complied with all of the provisions of this ordinance and shall recommend to the city council the acceptance of the dedications and, when applicable, the maintenance of the required improvements.

(d)

Acceptance by the city council. Upon recommendations by the planning and growth management director and city engineer, the city council, by resolution, shall approve the subdivision, the dedications on the plat and the maintenance of responsibilities of the required improvements.

(e)

Bonds. The required bonds will be reverted to maintenance bonds for one year to guarantee performance of accepted improvements.

(f)

Applicant's failure to complete required improvements.

(1)

Premature recording of plats (or failure of applicant to complete required improvements). When a plat has been recorded and the applicant fails to complete the required improvements as required by this ordinance, the city council shall complete the required improvements under the guarantees provided by the applicant. In such case, the city council shall direct the planning and growth management director to call upon the guarantees to secure satisfactory completion of the required improvements. Legal notice of such action shall be deemed to have been duly served upon posting via certified mail return receipt requested. Upon the completion of construction of the required improvements, the city engineer shall report to the city council and the city council shall accept by resolution the dedications and maintenance responsibility as indicated on the plat. In such cases, the remaining guarantees posted by the applicant shall be retained for a period of one year after completion in lieu of the agreement. Any defects occurring during this period shall be repaired using funds remaining in the guarantee.

(2)

In cases where plat has not been recorded. Where an applicant has elected to install the required improvements prior to approval of and prior to recording of the plat and fails to complete such improvements within the time limitations of this ordinance, all approvals of the subdivision shall be null and void and the land shall revert to its original state. No reference shall be made to the plat with respect to the sale of lots or issuance of building permits, unless and until the plat has been resubmitted with all of the supplementary material and approvals as herein prescribed have been granted.

(a)

General design requirements. The following tangible improvements are required in conjunction with the development of a subdivision within the City of Sebastian. Improvements shall be constructed to conform to the requirements and specifications of the City of Sebastian and the applicable laws of Indian River County and the State of Florida:

(1)

Streets;

(2)

Easements;

(3)

Utility systems;

(4)

Erosion control provisions;

(5)

Surface water management system according to article XII;

(6)

Steet signs and traffic control markings and signs;

(7)

Permanent reference monuments;

(8)

Rights-of-way;

(9)

Tree and vegetation protection.

Each subdivision shall contain the following improvements designed and constructed to conform to the requirements and specifications in the land development regulations of Indian River County and the State of Florida if required in the zoning district or other land development regulations applicable to the subdivision:

1.

Bikeways;

2.

Sidewalks;

3.

Alleys;

4.

Buffering facilities and areas;

5.

Fire hydrants;

6.

Parks and recreational areas and facilities;

7.

Beach access structures and areas, where applicable;

8.

Curbing;

9.

Street lights;

10.

Reserved;

11.

Bridges and culverts when necessary;

12.

Filling and drainage as necessary;

13.

Traffic control devices as necessary;

14.

Header curbs;

15.

Native vegetation preserve areas;

16.

Environmentally sensitive land preserve areas;

17.

Emergency access;

18.

Transportation system improvements (off-site and one-site);

19.

Marginal and limited access easements; and

20.

Other provisions as may be required by land development regulations.

A Florida registered professional engineer shall be employed to design all required improvements including streets, drainage structures, bridges, bulkheads, and water and sewer facilities.

The following latest editions of FDOT manuals shall serve as guides for design:

Drainage Manual

Standard Specifications for Road & Bridge Construction

Roadway & Traffic Design Standards.

Manual of Uniform Minimum Standards for Design and Construction and Maintenance for Streets and Highways

Highway Capacity Manual

Manual of Trip Generation ITE

Manual on Uniform Traffic Control Devices (FHWA)

Guide for Design of Pavement Structures AASHTO

The design of required improvements shall be accomplished in such a manner that they shall be equal to or exceed those outlined in this section. Design data, such as calculations and analysis, shall be submitted along with the development plans covering important features affecting design and construction.

The required improvements shall be completed prior to recording the plat in the manner prescribed in this ordinance or the applicant shall submit to the city a guarantee in one of the forms prescribed by this ordinance to assure the installation of the required improvements.

(b)

Block, lots and buffers.

(1)

Blocks. The length, width and shape of blocks shall be determined with due regard to:

a.

Provision of adequate building sites suitable to the special needs of the type of use contemplated.

b.

Zoning requirements as to lot size and dimensions.

c.

Need for convenient access, circulation, control and safety of vehicular and pedestrian traffic.

d.

Most advantageous use of topography and preservation of mature trees and other material features wherever possible.

1.

Block lengths shall not exceed 1,320 feet in length between intersecting streets. Greater lengths may be recommended for approval by the planning and growth management director, the city engineer, and the planning and zoning commission where special topographical conditions exist.

(2)

Lots. All lots shall have frontage on a street that has a minimum right-of-way of 50 feet. All lots shall have area, frontage, width and depth required by the zoning district in which said lots are located. The minimum width of a lot fronting on the inside of curvature of a street or cul-de-sac shall be measured from a parallel line running through the midpoint of a perpendicular line extending from the midpoint of the front lot line to the point at which it intersects the rear lot line. Notwithstanding, lots developed under an approved planned unit development plans shall be regulated by lot dimension requirements stipulated in the approved planned unit development site plan. When a subdivision is proposed upon land with existing structures that are to be retained, lots are to be designed so as not to cause said existing structures to become nonconforming with respect to building area or lot size. Access points to single-family lots shall be at least 30 feet from the right-of-way line of the nearest intersecting street and at least 175 feet from the nearest right-of-way line of the intersection of a collector or high density street with another collector or higher classification street. Access to any lot from an arterial or collector is prohibited, subdivision will be designed to provide access to lots by use of local or marginal access streets or approved driveways (nonresidential subdivision only). Flag lots shall be expressly prohibited. The entire parent tract being subdivided shall be placed in lots, streets, and other usable tracts so that remnants and other landlocked areas shall not be created. No lot shall be divided by a municipal boundary.

a.

Double frontage lots. Double frontage lots or through lots shall be avoided except where essential to provide separation of residential development from traffic arteries or to overcome specific disadvantages of topography or orientation. Where double frontage lots are developed they shall be buffered as required by this ordinance. The required front yard shall be provided on each street on double frontage or through lots.

b.

Corner lots. Corner lots shall have a width equal to the width required by the land development code for internal lots, plus the difference between the required front yard setback and required side yard setback.

(3)

Buffers, including berms, fences and landscaping. Screening such as fences, berms and other landscaping shall be required between incompatible land uses.

a.

Screening shall be required on lot lines that border collector or arterial streets. The plat and planned improvements shall comply with the screening and buffer performance criteria of article XIV. Masonry walls or suitable alternatives shall be provided when noise from adjacent streets is or is judged to be a potential future problem. Berms or suitable screening may be required between lots, especially commercial, industrial, or offices, and adjacent incompatible or potentially incompatible land uses. Along collector or arterial roads suitable screening may be used instead of a masonry fence if noise from the road will not adversely affect the proposed use.

b.

Buffer zones, either open space or specially vegetated, may be required between adjacent incompatible or potentially incompatible land uses especially where problems with building heights, noise, or scenic impairment might be a problem. Where a buffer screen of decorative masonry, plant materials, fences, berms are required, or where desired by the applicant and approved by the city, such walls, vegetative screens, or fences shall be set back at least one foot from the right-of-way and shall be so constructed that pilasters or fence terminal anchor posts shall be installed at the corners of each lot in such manner that each property owner might maintain his own section or provisions shall be made to have them maintained by a community association or other appropriate private entity.

(c)

Utilities.

(1)

Easements. Easements shall be located on the interior side of the front property line, centered on the rear or side lot lines, or as otherwise approved by the city engineer.

a.

Utility easements. Easements six feet wide along each side of each lot shall be provided where necessary to accommodate all required utilities across lots and where possible shall be centered on lot lines with convenient access for maintenance. Utility easements ten feet wide shall be provided for underground utilities across that portion of the lot adjacent to a street. Utility easements seven and one-half feet wide along the rear property of each lot shall also be provided. Additional utility easements may be required by the city when, in the opinion of the planning and growth management director in consultation with the city engineer, such easements are necessary for continuity of utility service between developments and where necessary for maintenance and service.

b.

Drainage easements. Drainage easements shall be provided where necessary at a width adequate to accommodate the drainage facilities. A minimum of 15 feet shall be provided for underground storm drainage installations. Where canals or ditches are permitted and in compliance with this code, the width shall be adequate to accommodate drainage facilities plus 20 feet on one side for maintenance purposes. The city engineer may recommend drainage easements shall be provided to facilitate drainage of surface waters from contributory areas. When a subdivision is traversed by or includes canals, watercourses, lakes, streams, drainage ways or channels, there shall be provided with a drainage easement or right-of-way conforming substantially with the lines of such watercourse and of such further width or construction or both as will be adequate for maintenance purposes. The city engineer may recommend that an easement be located on both sides in cases where the city deems an easement on only one side inadequate. Easements to access retention basin and side lot swales shall be provided as specified in article XII, Surface Water Management.

(2)

Utilities. New subdivisions shall be required to install underground utilities, including franchised utilities, power and light, telephone and telegraph, water, sewer, cable television, wiring to street lights and gas.

a.

Coordination of easements. Easements shall be coordinated with requisite utility authorities and shall be provided as prescribed by this ordinance for the installation of underground utilities or relocating existing facilities in conformance with the respective utility authority's rules and regulations.

b.

Waivers. The city council may waive the requirement for underground installation if the service to the adjacent area is overhead and it does not appear that further development in adjacent areas with underground utilities is possible. Any new service which is allowed by the waiver herein to be supplied by overhead utilities shall be connected to a service panel that is convertible for underground utility service at a future date.

c.

Applicant responsibility for underground installations. The applicant shall make necessary cost and other arrangements for such underground installations with each of the persons, firms or corporations furnishing utility service involved.

d.

Construction in easements. Utilities shall be constructed in easements as prescribed by this article.

e.

Utility installation. After the subgrade for a street has been completed, the remainder of the street right-of-way has been graded and before any road or street construction material is applied, all underground work for the water mains, sanitary sewers, gas mains, telephone, electrical power conduits, cable television and any other utilities with appurtenances and branches for surface connections shall be completely installed throughout the width of the street to the sidewalk area or provisions made so that the roadway or right-of-way will not be disturbed for utilities installations or service connections. All underground improvements so installed for the purpose of future service connections shall be properly capped and backfilled and their locations identified.

(d)

Environmental considerations. All performance standards of article XI, Environmental Protection, shall be satisfied, including but not limited to: preservation of natural resources; preservation of wetlands; species of special concern; soil erosion, sedimentation control; and shoreline protection; protection of groundwater aquifer recharge; preservation of wildlife habitats and protection of upland vegetative communities and endangered or threatened flora and fauna; land use and soil compatibility; and floodplain protection.

(1)

Fill. The subdivision shall be graded and, where necessary, filled to comply with the surface water management requirements prescribed in article XII, Surface Water Management, of this code. The fill shall be free of muck, peat, clay, unstable soils, organic matter such as logs, stumps, trees, clippings and cuttings and any form of junk, rubbish, trash, liquid or solid wastes, any form of debris that is subject to consolidation, disintegration, erosion or encourages the presence of insects, termites, or vermin. The city engineer shall: 1) determine and approve the type of fill to be installed within the rights-of-way; 2) shall require soil tests of the backfill and the underlying material, and 3) shall require the development's project engineer to certify the type of material and method of placement. The applicant shall bear the costs of all such tests and certifications.

(2)

Soils. The plan shall show the location and results of test borings of the subsurface condition of the tract to be developed. The tests shall be the type performed by the soil conservation service including percolation characteristics and detailed soils data. When non-pervious soils (hard pan or other impervious soils) or unstable (peat, muck, etc.) are encountered the plan shall reflect a satisfactory design to cope with such conditions. If the soil analysis reflects that the area contains hard pan or other impervious soils or contains peat, muck or other unstable materials, the city engineer shall require such additional design and construction as are necessary to assure proper drainage and development of the area. The number of tests and their location shall be mutually determined by the applicant's engineer and the city engineer and shall be recorded as to location and result on the construction plans. All plans and improvements shall be in compliance with article XI, Environmental Protection.

(3)

Erosion control. Seeding, mulching, sodding, and/or other acceptable methods shall be performed as required to prevent undue erosion during all construction activities. Erosion, sedimentation control and shoreline protection measures stipulated in article XI, Environmental Protection, shall be carried out as applicable. The applicant shall be required to keep accumulations of sand and earth out of the curb, gutter, swales, and drainage ditches. Temporary siltation basins may be required during construction. The applicant shall provide maintenance for the two-year period of the road guarantee and for each lot until final inspection is passed.

(4)

Land clearing, grubbing, and excavation. Land clearing, grubbing, excavation, and fill approvals as required by the city shall be obtained from the building department prior to commencement of clearing, grading or filling work. Similarly, all requisite permits from the county, state, SJRWMD, or the federal government shall be obtained and presented to the city prior to commencement of any clearing, filling, excavation, or grubbing.

The subdivision shall be graded and, where necessary, filled to comply with the surface water management requirements of article XII. Applicants shall be required to clear all rights-of-way and to plan and construct all grades, for streets, alleys, lots and other areas, in a manner which is consistent and compatible with the land development code including, but not limited to, the tree protection regulations. Similarly, all such plans and construction activities shall be consistent with surface water management requirements of article XII.

In the interest of preserving existing trees and other natural beauty, the planning and growth management director in consultation with the city engineer and other designated staff shall determine that applicable provisions of the tree protection regulations are met and the city administrative officials may vary the requirements of this section where aesthetic and environmental conditions will be enhanced but will not adversely affect proper drainage within the area.

(5)

Shoreline protection. Seawalls, bulkheads, piers and docks installed along the shoreline shall be installed under permit issued by the building official. Bulkheads shall not be constructed below the mean high water line unless permitted by the controlling federal or state agency. Any such plans and improvements shall comply with all environmental performance criteria of article XI, including but not limited to, preservation of wetlands; and other environmentally sensitive areas; soil erosion, sedimentation control, and shoreline protection; preservation of wildlife habitats and other related performance criteria. No development order approval shall occur until appropriate federal and state permits are issued.

(e)

Central water system and fire protection. The design of the entire system shall be engineered in concert with the Indian River County Utilities Department, shall be approved by the Indian River County Utilities Department, and shall meet all applicable specifications, including state regulations. The design and installation of a central water system shall comply with the city's adopted comprehensive plan and shall conform to the accepted standards for municipal water supply and fire protection systems as prescribed by the "National Fire Codes" and the "Fire Protection Handbook" published by the National Fire Prevention Association as exists or may hereafter be amended:

(f)

Central wastewater system. Central wastewater collection, wastewater treatment and disposal systems shall comply with the standards of and be approved by the Indian River County Utilities Department and shall meet concurrency management criteria of article IX.

(g)

Storm water management. All subdivisions shall have an adequate comprehensive stormwater management system compliant with article XII, Surface Water Management, including necessary ditches, canals, swales, percolation areas, berms, dikes, piers, detention ponds, storm sewers, drain inlets, manholes, headwalls, end walls, culverts, bridges and other appurtenances shall be required in all subdivisions for the positive drainage of stormwater. In addition, storm water treatment facilities shall be required in the subdivision to control storm water runoff quality by providing for on-site percolation and/or retention or other appropriate treatment technique for storm water. Such requirements shall be compliant with the surface water management provisions of article XII as well as the environmental performance criteria of article XI. The design data of the drainage system shall be submitted along with the construction plans in a report form prepared by the applicant's engineer indicating the method of control of storm and ground water pursuant to criteria established in article XII.

(h)

Dedication of lands for parks and recreation. All residential development shall provide an equitable dedication of land for public park purposes and/or fees in lieu thereof pursuant to the standards stated below and shall comply with concurrency management provisions of chapter III, article IX, Concurrency Management. The standards provided herein are stipulated to implement policies within the parks and recreation element. The standards shall apply to all residential applications for subdivision approval. No property shall be assessed twice for respective subdivision plat applications unless a rezoning subsequently increases the density permitted on a parcel(s) of land.

(1)

Requirements. As a condition of development, the applicant shall dedicate land to the City of Sebastian, pay a fee in lieu thereof, or a combination thereof, at the option of the city for park and recreational purposes at the time and according to the standards and formula described in this section.

(2)

General standard. Four acres of property for each 1,000 persons residing in the city shall be devoted for park and recreational purposes. To determine park and recreational land to be dedicated within the service area of proposed developments, analysis shall consider available facilities inventoried in the Parks, Recreation and Open Space element of the City of Sebastian Comprehensive Plan. Prior to dedicating such land, the applicant shall provide the city with an environmental audit performed by a registered engineer evidencing that the property does not contain any contaminated or hazardous materials defined by law.

(3)

Fees in lieu of land dedication. If it is demonstrated by the applicant to the satisfaction of the city council in their sole discretion that no park or recreation facility can be located in whole or part within the proposed development to serve the immediate and future needs of the residents of the development, or if the proposed development shall consist of 100 dwelling units or less, the applicant may, in lieu of dedicating land, pay a fee equal to the fair market value of the land which would have been required to be dedicated.

(4)

Appropriate size for parks and recreational use. The size of parcel to be donated shall be at least one acre. The city shall not consider fee-in-lieu for parcels less than one acre in size.

(5)

Use of money. The money collected shall be paid to the City of Sebastian and placed in a reserve account within a special fund. The monies and accrued interest from fees paid for any given development shall be used solely for acquisition of parkland within the same designated recreation zone or to enhance facilities in a neighborhood park that is within the same designated recreation zone.

(6)

Determination of fair market value. Where a fee is required to be paid in lieu of land dedication, the amount of such fee shall be based on the appraised value or the purchase price, whichever is greater, including a 15 percent surcharge to cover acquisition costs. The appraised value of the land shall be determined by an appraisal by a qualified, independent real estate appraiser, to be secured by the developer. At the option of the city, the city may also secure an appraisal by a qualified independent real estate appraiser, the results of which shall be used to determine the value of the land in conjunction with the developer's appraisal.

(7)

Technical standards for determining dedication requirement.

a.

Dedication formula. The following formula shall be used:

Average Number of Persons per Dwelling Unit × 4 Acres per 1,000 Persons = Acreage Requirement per Dwelling Unit.

The average household size is 2.24 people per dwelling unit according to the University of Florida Bureau of Economic and Business Research (BEBR), December 2020 in City of Sebastian: 2.24 Persons/Unit × 4 Acres Per 1,000 Persons = 0.01 Acres/Unit.

b.

Credit for private recreational space. Upon recommendation from the community development department, the City Council may grant up to 50 percent partial credit for private recreational space within the development pursuant to the standards established herein. Such credit shall be applied against the total dedication or fee-in-lieu requirements for parks and recreation pursuant to this code. These guidelines and standards are established in order to ensure that private recreational spaces provide an appropriate range of recreational opportunities for residents of proposed developments.

c.

Requirements for private recreation space.

1.

The yards, setbacks, and other open areas required by the land development code and building codes shall not be included in the computation of private recreational space.

2.

The private ownership and maintenance is adequately provided in perpetuity by recorded written agreement, conveyance, or restrictions.

3.

The use of the private recreational space is restricted for park and recreational purposes by recorded covenant which runs with the land in favor of the future owner's property and which cannot be defeated or eliminated without the consent of the city council.

4.

The proposed private recreational space is reasonably adaptable for use for park and recreational purposes, taking into consideration such factors as size, shape, topography, vegetation, hydrology, access and location.

5.

Environmental preserves which have boardwalks, nature trails, water access, or other usable, passive recreational features, shall count for up to 100 percent of the required dedication.

d.

Procedure for dedication of land or payment of fees in lieu

1.

As a condition of site and development plan approval, the developer shall agree in writing to dedicate land, pay a fee in lieu thereof, or a mixture of both, for parks and recreation as determined by the city council in accordance with this article.

2.

At the time of filing of the final plat, or prior to the issuance of a building permit for those developments that do not require a plat, the developer shall dedicate the land free and clear of all encumbrances or pay fees as previously determined by the city council. The fee-in-lieu of dedication shall be calculated per section 54-4-19.11(h)(5) above.

(i)

Transportation systems.

(1)

Access. Separation between access points on all state highways shall be in accordance with the FDOT access classification system and Standards Rules 14-96 and 14-97 FAC.

(2)

Dedication. All streets shall be either dedicated to the public or dedicated to and maintained by the home owners association. Roads deemed necessary to provide access to adjacent properties shall be dedicated to the public, or continuation of existing dedicated streets shall be dedicated to the public.

a.

General design criteria. Ingress, egress, and access management shall comply with the below cited general design criteria:

1.

In order to provide ease and convenience in ingress and egress to private property and the maximum safety with the least interference to the traffic flow on public streets, the city shall regulate the number and location of driveways. Driveway design is specified in design section.

2.

Street stubs to adjoining undeveloped areas shall be provided when required to give access to such areas or to provide for proper traffic circulation. Street stubs in excess of 250 feet shall be provided with a temporary cul-de-sac turnaround.

3.

Improvements shall provide lanes for acceleration, deceleration, storage, turning movements, bypassing, median modifications, other design features to channel traffic or render necessary drainage or utility modifications which meet best management principles and practices for purposes of protecting the safe and efficient operation of traffic circulation and utility systems.

(a)

Every lot or parcel shall be served from a publicly dedicated local street; however, an applicant may retain as private a local street if the following conditions are met: (1) Public right-of-way is not required in order to serve adjacent development that is existing or projected; (2) A permanent access easement is granted for service and emergency vehicles and for maintenance of public and semi-public utilities; and (3) A reciprocal easement for ingress and egress is granted all residents of the development.

(b)

All subdivisions, as defined in section 54-4-19.1(c), shall be designed with at least two public means of ingress and egress to provide public access to the subdivision from arterial or collector streets. An adjustment in the number of required public means of ingress and egress under this paragraph may be authorized pursuant to section 54-4-19.1(d). Each public means of ingress and egress to a subdivision shall intersect an arterial or collector street different from the arterial or collector street intersected by any other required public means of ingress and egress to the subdivision. If it is not possible for the required number of public means of ingress and egress to a subdivision to intersect different arterial or collector streets, the public means of ingress and egress may intersect the same arterial or collector street; however, the points of intersection must be located a minimum of 1,000 feet apart. If an adjustment is authorized pursuant to section 54-4-19.1(d) such that only one public means of ingress and egress is required under this paragraph, the subdivision shall be designed to provide at least one additional means of ingress and egress for emergency vehicles. All such means of ingress and egress for emergency vehicles must be recommended for approval by the planning and growth management director, the city engineer, and the planning and zoning commission and approved by the city council. Wherever possible, all subdivision access roads shall be located at existing median openings. If a subdivision access road is not located at an existing median opening, the applicant's paving plan shall provide for construction of a median opening, where permitted, or shall provide for the modification of existing openings, where required, at no cost to the city. The design of subdivision access roads shall comply with the requirements of the jurisdiction of the highway in which the median is located.

b.

Specific access design. Minimum dimensions between the edge of intersections to the edge of points of access (driveways) to lots developed within a subdivision shall be located as follows:

The subdivision shall be designed to provide access to the lots by the use of local streets. A secondary means of access shall also be provided to all subdivisions for use by emergency vehicles. Local street connections to collector streets shall be a minimum of 660 feet apart and collector street connections to arterial streets shall be a minimum of 1,320 feet apart. Where access is desired along collector or arterial streets, it shall be provided by means of a marginal access road. The first point of access to the marginal access (frontage) road from collector and arterial streets shall be a minimum of 330 feet from intersection right-of-way lines as shown on the Comprehensive Plan Future Traffic Circulation Map Series, with intermittent points at median opening locations being a minimum of 660 feet from intersecting right-of-way lines, unless otherwise approved by the city engineer. Access spacing of lesser lengths may be granted if requested by the applicant and recommended for approval by the planning and growth management director, the city engineer, and the planning and zoning commission and approved by the city council. Lots shall access local street network. Driveways on collector or arterial streets will be discouraged.

c.

Nonresidential driveways and internal circulation.

1.

Vehicular circulation must be completely contained within the property and vehicles located within one portion of the development must have access to all other portions without using the adjacent street system.

2.

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

3.

No driveway shall be constructed in the radius return of an intersection.

d.

Service drives. Where a subdivision borders on or contains a limited access highway right-of-way, or arterial street, the city council may require a service drive or suitable provisions for future service drives approximately parallel to and on each side of such right-of-way, at a distance suitable for the appropriate use of the intervening land, as for park purposes in residential districts, or for commercial or industrial purposes in appropriate districts. Distances involving right-of-way shall also be determined with due regard for the requirements of approach grades and future grade separations.

(3)

Alleys. Alleys may be required along rear lot lines of commercial and industrial subdivisions. When provided alleys shall be paved 18 feet wide in a minimum 20-foot wide right-of-way for commercial and industrial use, all having appropriate radii for the use intended. Alley intersections and sharp changes in alignment shall be avoided and dead end alleys are prohibited. Fire lanes shall have a minimum paved width of 20 feet.

(4)

Streets. All streets and related facilities required to serve the proposed subdivision shall be constructed and paved by the applicant pursuant to specifications herein stipulated. The construction shall consist of, but not be limited to, street grading, subgrading stabilization, base preparation and surface course along with drainage as required under this article. All roadway improvements shall comply with concurrency management provisions of article IX, Concurrency Management.

a.

Street layout. The proposed subdivision street layout shall be coordinated with transportation element in the comprehensive plan as adopted or as may hereinafter be amended, and with the street system of the surrounding area. Consideration shall be given to existing and planned streets, relation to topographical conditions, to public convenience, safety and their appropriate relation to the proposed use of the land to be served by such streets. All roads and streets shall intersect ;minus; 5 angle of 90 unless circumstances acceptable to the city indicate a need for a lesser angle of intersection. All local or minor collectors providing access to residential developments with mean lot frontage of 125 feet or less or nonresidential development with mean lot frontage of 225 feet or less shall provide sidewalks.

b.

Costs of paving streets. The city shall pay no part of the cost of paving streets in any undeveloped subdivision. Where access streets to a subdivision are not adequately paved to handle the anticipated traffic, arrangements for paving the access streets should be made with the city prior to acceptance of the final plat by the developer. All paving installed in and adjacent to these subdivisions shall be at the entire cost of the applicant and shall be pursuant to the sections of this article.

c.

Streets adjoining unsubdivided land. When a new subdivision adjoins unsubdivided land, any needed new streets shall be recommended by the planning and growth management director in consultation with the city engineer, and the planning and zoning commission. After receiving the said recommendations, the city council shall act on the recommendations thereby determining which street installations shall be required to serve the abutting unsubdivided land. The recommendations and the action by city council shall address whether the said streets shall be designed as collector streets and whether the streets shall be carried to the boundary of the tract proposed to be subdivided. Local streets, when extended to the boundary of the tract, shall be designed in a manner that will discourage through traffic.

d.

Curvilinear street design. The use of curvilinear design in street layouts is encouraged to promote aesthetically pleasing appearance and to prevent the use of grid design in order to discourage through traffic.

e.

Impact of future traffic circulation map series. The new subdivision shall provide for the incorporation and compatible development of present and future streets as generally delineated on the future traffic circulation map series adopted by the city council under the comprehensive plan ordinance, when such present or future streets are affected by the proposed subdivision.

Notwithstanding, where the planning and growth management director in consultation with the city engineer and/or the planning and zoning commission recommend, and the city council determines that there is a need for incorporating a new or realigned major thoroughfare based on characteristics of specific development proposals as well as changed conditions since the adoption of the comprehensive plan, the city shall require subdivision applicants to conform to the newly prescribed road improvement.

f.

Traffic analysis. A subdivision preliminary plat shall include preparation of a traffic impact analysis pursuant to article IX, Concurrency Management, if the proposed subdivision is projected to generate a traffic flow above the threshold. The traffic impact analysis shall be prepared by a professional engineer and shall be used to determine the number of lanes, capacity of street systems proposed or effected by the development, off-site impacts and the phasing of improvements. Traffic impact study shall be prepared in accordance with section 952.07 of Indian River County Code.

g.

Street right-of-way characteristics. Street improvements shall be designed in a manner compatible with design characteristics of the city's future traffic circulation system of the city comprehensive plan and the city's minimum right-of-way standards as cited below:

The city shall preserve existing rights-of-way and shall enforce standards requiring dedication of roadways for which the need is generated by new development. These design parameters may be adjusted based on projected traffic carrying capacities of specific developments and application of accepted principles and practices of traffic engineering and design of facilities. Prior to acceptance by the city, the city engineer shall recommend the specific design features for approval.

ROW width shall be increased by at least ten feet on each side of any arterial or major collector road for a minimum distance of 200 feet from its intersection with another arterial or major collector road or street pursuant to proper intersection design. All arterial and collector roads shall have a minimum of 12 feet travel lane width. Local streets may have a minimum of ten feet travel lane.

h.

Dead end streets (cul-de-sacs). Dead-end streets shall be prohibited except when designed as a cul-de-sac. Such streets shall not exceed the length of 600 feet in length except where natural geographic barriers exist necessitating a greater length approved by the city engineer. When constructed with a curb and gutter, cul-de-sacs shall have 50 feet of right-of-way approach to a 90-foot diameter turnaround circle. When constructed with swale drainage, cul-de-sacs shall have 60 feet of right-of-way approach to a one hundred-foot diameter turnaround circle or 50 feet of right-of-way with a dedicated easement ten feet wide on each side.

Width of surface course of pavement shall be 20 feet on the approach and 60 feet diameter for the turnaround. Approach and turnaround shall be constructed in accordance with this ordinance. If a dead-end street is of a temporary nature, an adequate turnaround within the proposed right-of-way shall be required. When one or more temporary turnarounds are shown, the following note shall be included on the plat.

"The area on this plat designated as "temporary turnaround" will be constructed and used as other streets on the subdivision until [name(s) of street(s)] is/are extended to [name(s) of street(s)] at which time the land in the temporary turnaround area will be abandoned for street purposes and will revert to adjoining lot owners in accordance with specific provisions in their respective deeds."

i.

Construction in muck areas. The design of streets proposed in excessive muck areas shall be considered on an individual basis. A Florida registered engineer shall certify all plans submitted for construction in such areas. Prior to issuing a permit for such construction, the city engineer shall approve the engineered plan as submitted by the applicant.

j.

Street grades. Street grades shall be determined in relation to the drainage installations for the subdivision. Street grades shall not exceed three percent unless adequate protection from erosion is provided or be less than three-tenths of one percent for swale sections or two-tenths of one percent for guttered sections unless otherwise recommended for approval by the planning and growth management director, the city engineer, and the planning and zoning commission and approved by the city council. Road grades shall be shown on the development plans by the direction, percent of gradient and with centerline lineal distances between control points.

k.

Intersection of streets. Street jogs or centerline offsets between any local street with another local street or road less than 150 feet are prohibited.

l.

Marginal access streets. Where a subdivision abuts or contains an existing limited access highway, freeway or arterial street, a marginal access street shall be required to afford separation of through and local traffic.

m.

Local streets. Local streets shall be so laid out that use by through traffic shall be discouraged.

n.

Railroads on or abutting subdivisions. When a subdivision borders on or contains a railroad right-of-way, the planning and growth management director and/or the city engineer shall review the plans and recommend the purpose, location, design, length and specifications for any needed rights-of-way, easements, or street improvements. The planning and zoning commission shall review the said recommendations and make a recommendation to the city council for specific action. After reviewing all recommendations by city staff and the planning and zoning commission, the city council shall render a final decision regarding the needed rights-of-way, easements, and/or street improvements, including their purpose, location, design, length and specifications. The city council may require such improvements approximately parallel to and on each side of the railroad right-of-way at a distance suitable for appropriate use of any nearby property for recreation or buffer purposes in residential districts or for commercial or industrial purposes in appropriate districts.

o.

Street names. Extensions of existing streets shall bear the same name of the existing street. In no case shall the name of a proposed new street, which is not part of an existing facility, duplicate or be phonetically similar to existing street names. The naming of new streets shall be coordinated with the Indian River County Sheriff's 911 Emergency Dispatch Center.

p.

Alignment, intersections, and radii.

1.

Alignment. The arrangement of streets in a new subdivision shall make provisions for the continuation of the existing or platted streets into adjoining areas or their proper projection where adjoining land is not subdivided insofar as they may be deemed necessary by the city council for public requirement. The street and alley arrangement shall be such as not to cause a hardship to owners of adjoining property when they plat their own land and seek to provide for convenient access to it.

2.

Intersections. Streets shall be laid out to intersect as nearly as possible at right angles. No street right-of-way shall intersect another at an angle of less than ;pm;15 of 90 degrees unless special provision is made in the design of the intersection. Multiple intersections involving the junction of more than two streets shall be prohibited unless special provision is made in the design of the intersection. All intersections shall be designed to provide adequate stopping and sight distance in accordance with the current edition of AASHTO Standards. The intersection of any two local roads or streets with a major collector or arterial shall be separated by a minimum distance of 660 feet from center line to center line.

3.

Accel/decel lanes. The following location and design criteria shall apply to intersections. Acceleration, deceleration, and/or turning lanes shall be provided by the applicant at intersections of arterial or collector routes if projected traffic entering the site equals or exceeds 30 vehicles in the peak hour turning left, or 75 vehicles in the peak hour for right turn movements. For projects with significant truck traffic (over five percent of anticipated projected traffic volume), passenger car equivalents (PCE) at the rate of one truck equals three PCE shall be used in determining the application of the above acceleration and/or deceleration lane requirements. For purposes of this section, any vehicle with three or more axles shall be considered a truck.

4.

Radii. The point of curvature of any local street shall not be closer than 100 feet to the point of intersection. When the centerline of a local street deflects by more than ten degrees, it shall be curved with a radius adequate to assure safe sight distance and driver comfort, but never less than a minimum centerline radius of 100 feet. Property lines at street intersections shall have 25 feet or greater radius and street pavement radii shall be a minimum of 30 feet.

q.

Street side swales. Typical sections for street right-of-way shall comply with "Manual of Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways", and shall:

1.

Have a side slope no steeper than three to one within the applicable clear zone.

2.

Be designed to accumulate and carry water pursuant to stormwater and flood protection plan in a manner in accordance with article XII, Surface Water Management.

3.

Be sodded in right-of-way along full frontage of development.

4.

Provide proper drainage structures

r.

Standards for roadway section construction. A properly prepared subgrade and an approved road base and wearing surface shall be provided for all streets.

1.

The construction methods and all materials used in the improvements required by this article shall comply with applicable specifications of the city and those methods and materials prescribed by: 1) the current Florida Department of Transportation Standards Specifications for Road and Bridge Construction; 2) the American Waterworks Association for Water Improvements Construction; 3) the Water Environment Federation for Wastewater Facilities Construction; 4) the Florida Department of Environmental Protection (DEP); Indian River County Utilities; and the St. Johns River Water Management District.

2.

During construction, the applicant's engineer shall make such measurements, field tests and laboratory tests or cause them to be made to certify that the work and materials conform with the approved development plans and the provisions of this ordinance. The city engineer or other representative designated by the city council may require tests and measurements which are deemed necessary and which shall be performed at the expense of the applicant or his engineer.

3.

The road for arterial streets and commercial or industrial streets shall be a minimum of seven inches compacted limerock, or cemented coquina shale as per FDOT Standards for road construction. All other street bases shall be six inches. All base construction shall be compacted to 98% density and extend six inches beyond edge of pavement.

4.

All surfaces shall be one and one/half inches type S-3 asphalt for local roads. Commercial streets, major collectors and arterials shall be one and one-half inches S-1 and one inch S-3, or two and one-half inches S-3, two lifts.

5.

Pavement crown shall be one-fourth inch/foot (.02%) cross slope or greater with no inverted crowns permitted.

6.

Subgrades for arterial streets and commercial or industrial streets shall be 12 inches compacted thickness extended 12 inches beyond base and 75 feet FBV or 40 LBR compacted to 98% T-180. All other streets shall be nine inches compacted thickness, extended 12 inches beyond edge of pavement with 60 FBV or 40 LBR compacted to 98% T-180.

7.

If not specified, the FDOT manual shall prevail.

8.

The city engineer shall review and approve of the design and construction of streets.

After subgrading streets, there shall be given one course penetration treatment of emulsified asphalt and local aggregate to the full width of the street and an additional course to the middle 22 feet of said street, all to the specifications and requirements for review and approval of the city engineer.

s.

Sidewalks and bicycle paths. The project developer shall be responsible for provision of a bike path along the project site frontage on all right-of-way or easements designated. Sidewalks shall be constructed on one or both sides of all collector and arterial streets. Bicycle path shall be constructed on both sides of all arterial streets. They may be constructed concurrent with road construction or deferred and guaranteed by the posting of surety. A required sidewalk may be waived as determined by the city engineer when bicycle paths provide adequate pedestrian circulation.

Where provided, sidewalks shall be a minimum of five feet wide. Sidewalk sub-base shall be 95% compacted density. They shall be constructed of concrete having a compressive strength of 2,500 pounds per square inch at 28 days. The fiber mesh concrete thickness shall be six inches across driveways. In commercial areas, thickness shall be six inches. In other areas, thickness shall be four inches. The cross slope shall be one-quarter inch per foot. Bicycle paths shall be eight feet wide and shall be constructed in accordance with the current FDOT Bicycle Facilities Planning and Design Manual. If not specified, the FDOT manual shall prevail.

t.

Bridges and bridge culverts. Where a subdivision is traversed by or develops canals, watercourses, lakes, streams, waterways or channels, bridges or culverts shall be provided as necessary to facilitate the proposed street system. The bridge or culvert requirement is subject to the agency having jurisdiction over above enumerated facilities. Bridges shall be designed pursuant to current State Department of Transportation practices and specifications and shall include planning for utility systems installation. Low maintenance materials shall be used. The bridge design loading shall be in accordance with anticipated loads. Bridge or culvert shall include sidewalk as indicated by road requirements above. Barrier between walkway and traffic is required per FDOT safety standards.

u.

Median strips. Median strips that are part of a dedicated or deeded right-of-way may only be used for a public purpose under the auspices of the city or a public utility. Where an applicant desires or is required to beautify a median strip in a subdivision, the applicant may do so by placing grass, shrubs, and/or approved ground cover within the median strip in accordance with article XIV, Landscaping. The homeowner association shall be responsible for maintenance.

v.

Subdivision entranceways. Subdivision entranceways consisting of wall, fences, gates, rock piles or the like are not permitted within the median strip or other areas in a dedicated or deeded right-of-way. Entranceways, if divided, shall be divided by a raised or landscaped median strip and shall be not less than two lanes each 12 or more feet wide. Decorative entranceways shall be constructed upon plots of land adjacent to the right-of-way in compliance with the land development code and building codes and placed so as not to constitute a traffic hazard. A guard house located so as not to create a traffic hazard may be constructed at the entrance to a development having private streets.

Where an applicant is specifically permitted by the city to construct decorative entrances, structures, or landscaping within the right-of-way of any street, the applicant or community homeowners' association shall provide an adequate bond to guarantee maintenance for a specified period and to provide for removal for such structures and for landscaping at the end of such period on order by the city for cause. The city shall not accept any liability or responsibility for maintenance for decorative entrances, structures, or landscaping in rights-of-way. Such improvements shall be designed in such a manner so as to not obstruct desirable visibility or restrict turning movements.

w.

Private roads. No new private streets shall be created unless the applicant establishes a road maintenance agreement, or other means satisfactory to the city attorney, to provide for proper maintenance. The parties to such agreement shall be responsible for construction, maintenance and control of such roadways.

(j)

Permanent survey monuments. Permanent reference monuments and all other survey markers are to be installed as per Florida Statutes chapter 177.

(k)

Commercial and industrial subdivisions. Commercial and industrial subdivisions shall comply with all of the requirements of this ordinance, except that local streets shall be designed according to the arterial street typical section contained in these regulations.

(l)

Mobile home subdivisions. New and the expansion of existing mobile home developments shall comply with all of the requirements of the land development code and the Code of Ordinances of the City of Sebastian. Mobile home developments shall be classified as either rental trailer parks for use as temporary and/or transient residence purposes with single entity ownership or as permanent residence areas with individual ownership of contiguous lots in a condominium or cooperative association. The "association" shall function with unified control as a single-ownership entity. Mobile home developments are intended to provide planned space for occupancy of prefabricated, detached, transportable, single-family dwelling units containing all utility and sanitary conveniences, including electrical and plumbing connections, which may be attached to approved permanent utility systems. To retain mobility, the undercarriage shall remain attached to the mobile home unit.

Subdivisions shall provide a common structure that is easily accessible to all residents and shall meet the following provisions:

(1)

Storm shelters must be constructed to withstand a 120-mile per hour wind load utilizing chapter 12 of the Standard Building Code for engineering standards.

(2)

Storm shelters must be provided to 20% of the proposed total number of residents of the mobile home subdivision. The proposed total number of the residents shall be determined utilizing two residents per single-family lot.

(3)

Storm shelters must be designed to provide a minimum of 20 square feet of net floor area per resident. Floor areas shall not include bathrooms, corridors, or other areas that cannot be used for temporarily lodging of a resident in case of an emergency. Storm shelters may be utilized as community buildings, but should be designed with minimal glass exposure.

(Ord. No. O-22-02, § 1, 4-13-2022)

(a)

Street identification signs. Street name signs shall be erected at all street intersections. Street name signs shall carry the street name approved on the subdivision plat as well as the approved street number if practical. Street identification signs shall be in conformance with the Manual on Uniform Traffic Control Devices.

(b)

Traffic control devices. The following traffic control devices regulations shall apply to all development including subdivisions. The applicant shall install all required traffic control devices based on design requirements, including but not limited to, traffic signals, information and warning signs, acceleration or deceleration lanes, lane delineators, and other necessary traffic control devices on all roads within and interfacing with the subdivision and impacted by the subdivision development. Markings and signing shall conform to the Manual on Uniform Traffic Control Devices.

(c)

Street lighting. The following street lighting regulations shall apply to subdivisions. The applicant shall install and be responsible for all costs associated with the installation of street lights in accordance with this article and the street lights, poles, fixed equipment, and any and all fixtures and equipment germane to the subdivision development will be installed at no cost to the city. The city shall pay only energy costs associated with the operation of the street lights installed in accordance with this article within subdivisions located within the city.

(1)

Location of street lighting. Street lights shall be installed at each street intersection, at mid-block locations where the distance between intersections exceeds 1,000 feet, and at the end of each cul-de-sac exceeding 500 feet. Such lights shall be required on interior streets and may be required on alleys, boundary streets, and access paths if the city council finds that the anticipated frequency of usage makes such requirement reasonable for public safety and welfare. Wherever, in the opinion of the city engineer, a dangerous condition is created by sharp curves or irregularities in street alignment, additional lights shall be required. The street lights and mounting poles shall be a type approved by the city engineer and shall be wired for underground service except where overhead service is permitted.

(2)

Special assessments or taxing district. The applicant shall place deed restrictions covering the property to be developed which state that the owners of property within the subdivision are subject to assessment by the city under a legally constituted improvement or special taxing district or by a property owners' association or a condominium or cooperative association as defined by Florida law for the cost of maintenance and operation of such street lights. Upon completion of the development, street lights shall be owned, operated and maintained separately or jointly by a property owners' association, or a condominium or cooperative association as defined by Florida law, and the public utility furnishing the electrical service.

The following regulations shall be applicable to all Planned Unit Development Districts:

(a)

Purpose and intent of planned unit development. The purpose and intent of the PUD district is to:

(1)

Achieve innovative and creative design and a high level of amenities within residential and nonresidential developments;

(2)

Promote efficient use of land by facilitating more cost effective and environmentally sensitive site planning, including the arrangement of buildings, circulation systems, land use and facilities;

(3)

Stimulate opportunities for varied housing types;

(4)

Conserve and protect the natural environment including wetlands, natural habitat, drainage corridors, flood prone lands, and other environmentally sensitive lands;

(5)

Provide for more useable and suitably located open space and recreation facilities and other public and common facilities than would otherwise be provided under conventional land development procedures; and

(6)

Achieve harmonious building and site designs.

Although the PUD provides opportunities for unique concepts, a planned unit development (PUD) district shall comply with the community character as promoted by the city council and shall be designed to limit impacts of the development internally within the confines of the PUD through compliance with the regulations established in the comprehensive plan and as stipulated in the land development code.

(b)

Size and dimension regulations. Within all planned unit development districts the location, size, dimensions, and design of yards, building setbacks, points of vehicular access, parking areas, building characteristics, and all other planned site improvements shall provide for:

•

Safe and convenient internal vehicular circulation, including access and sufficient area for effective delivery of emergency services such as fire protection;

•

Buildings with safe entry and exit from the front and the rear of respective buildings; and

•

Convenient, well-landscaped, and designed pedestrian ways and open space systems.

All PUD zoned properties shall comply with the specific size and dimension standards in section 54-2-5.11-14 as well as the following size and dimension criteria that shall be applicable throughout the PUD district:

(1)

Maximum density/intensity and size and dimension criteria. The density and intensity of development within PUD districts shall be consistent with the comprehensive plan future land use map designations. The density and intensity expressed in comprehensive plan is the maximum density/intensity that can be achieved. However, the maximum density/intensity is not guaranteed by right. Maximum gross residential densities shall be construed to represent the maximum allowable units which may be constructed on the gross land area, determined by dividing the "maximum allowable units" by the "gross land area" (i.e., dwelling units/gross land area). Gross land area shall be construed to represent all land under common ownership proposed for residential development.

Density designations shall be restricted or reduced for the following circumstances:

•

Waters of the city shall not be included as gross land area.

•

No development shall be permitted within jurisdictional lands and waters of the state or federal government, except in cases where agencies having jurisdiction determine that development rights exist. Reference section 54-2-5.10(b).

In reviewing applications/site plans for development of particular building sites, approval of the specific density/intensity and size and dimension requirements shall be based on the following:

a.

Privacy. The building setback shall maintain privacy within residential dwelling units on and off site. These setbacks shall take into consideration the location and size of windows and their relation to public and semipublic areas, streets, other on- or off-site residential and nonresidential developments, windows and available as well as proposed screening.

b.

Light and air. The building setbacks shall provide adequate light and air, taking into consideration the relationship between window size and the provision of light and air.

c.

Mitigate potential adverse on- or off-site impacts. Size and dimension requirements imposed on new residential or nonresidential development shall be directed toward mitigating potential on- or off-site adverse impacts on land uses that are less intense than the use proposed within the planned unit development.

d.

Density/intensity, building configuration and open space. The arrangement and orientation of structures, open space, landscaping, and pedestrian and vehicular circulation shall:

1.

Generate a functional and an aesthetically pleasing environment for user groups;

2.

Protect neighborhood cohesiveness and stability of residential characters;

3.

Ensure compatible transitions in land use density and intensity;

4.

Protect environmentally sensitive areas, particularly wetlands and floodplains;

5.

Minimize impacts of flood hazards to development;

6.

Require that all applicable land development code regulations are satisfied including, but not limited to, performance criteria of chapter III and article XVIII, Site Plan Review Procedures;

7.

Ensure that the number of units proposed is suitable for the site and that the site plan incorporates design features that are consistent with the requirements of the land development code.

The maximum intensity stipulated for nonresidential activities is stated in terms of floor area ratio (FAR). (Reference sections 54-2-5.12, 13.) The city shall reserve the power to mandate changes in the site plan as well as mandate reductions in the density and/or intensity of development proposed by an applicant/developer if the city finds that the proposed site plan does not satisfy provisions of the comprehensive plan and the land development code. (See FAR illustration in section 54-2-5.10(b).)

(2)

Setbacks. Minimum setbacks shall be stipulated for typical lots proposed in the conceptual development plan. The preliminary development plan shall provide detailed information on all setbacks for each respective lot. The city shall retain the authority to mandate minimum setbacks during site plan review based on specific site plan considerations and consistent with sound application of urban design principles and practices. Consideration shall be directed toward provision of usable open space, privacy, fenestration (i.e., roof line, placement and design of windows and doors), access to light and air, preservation of natural vegetation, landscaping, pedestrian and vehicular access, surface water management, pedestrian plazas, and other similar attributes of urban design which impact lot configuration, building layout and arrangement of open spaces.

(c)

Subdivision improvements and urban design amenities. In addition to requirements of article XIX, Subdivision, of this code, all urban design amenities such as signage, open space systems, pedestrian walkways, and street furniture shall reflect accepted principles and practices of urban design, including streetscape amenities which promote a harmonious and aesthetic environment for pedestrians and other user groups within the proposed development. This requirement shall be enforced in order to implement the purpose and intent of the PUD. To this end, development plans shall incorporate:

(1)

A city approved drainage system. The developer shall consider the relative advantages and disadvantages of curb and gutters, french drains, retention/detention, swales and other similar drainage system components and submit the proposed system to the city engineer for review. The city engineer shall make recommendations to the planning and zoning commission. After considering staff recommendations, the planning and zoning commission shall recommend appropriate action to the city council. After considering all recommendation, the city council shall make a final decision regarding the drainage system or combination of systems most appropriate for surface water management. The following factors shall be considered:

a.

Natural environmental conditions of the site;

b.

Existing and proposed future hydrological conditions of the site, including existing and proposed site elevations, amounts and rates of water run-off, water quality, and other related factors;

c.

Available drainage improvements on and off site;

d.

Intensity of proposed use, potential barriers to movement, and impacts of the drainage system alternatives on pedestrian and traffic circulation, aesthetics of the project and impacts on the surrounding area; and

e.

Potential contaminants or pollutants generated by land uses, motor vehicles, or other sources of pollutants and contaminants.

(2)

Sidewalks complying with subdivision code and improvements to enhance pedestrian movement. Sidewalks shall be planned and installed consistent with subdivision requirements. The sidewalks shall 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.

(3)

Open space and landscape furniture. Open space and landscape furniture, including open plazas, walkways, functional and aesthetic paving material, street benches, waste disposal receptacles, and sidewalk plantings may be used to promote the project's urban design and aesthetics.

(4)

Other subdivision improvements. All other subdivision improvements and project amenities shall be consistent with a unified urban design.

(5)

Loading docks. Loading docks are prohibited on interior streets. Required loading docks shall be located at the rear of all principal structures. Parking for trucks and all other company owned or controlled vehicles shall be located at the rear of all principal structures.

(6)

Storage areas. If the planning and zoning commission determines that a demonstrated necessity exists for outside storage or display due to the impracticality and unreasonableness of enclosure of such services, storage and display areas, in such case such service, storage and display areas or yards shall be screened by a continuous fence or wall by landscaping and berm system so as to provide a 90% opaque screen with a minimum height of five to eight feet, unless the same is demonstrated by the applicant to the planning and zoning commission's satisfaction to be impractical and unreasonable.

(d)

PUD requirements continuing. The requirements of article XX shall be continuing and enforceable against any PUD approved pursuant to this article. The requirements shall run with the land and shall be enforceable regardless of transition in ownership. Article XX shall be enforceable against open space, green space, landscape, and tree protection requirements, either existing or as hereinafter may be adopted. The respective uses shall be allowed only after a finding that the use complies with the appropriate conditional use criteria and all other applicable provisions of this code. The city council shall determine if such conditions and provisions are satisfied after first considering the recommendations of the planning and zoning commission.

(a)

General procedures for conceptual development plan submittal and approval. Petitions for PUD zoning shall be submitted and processed as zoning amendments generally and in accordance with the following special procedures:

(1)

Pre-application conference. Prior to submitting a formal application for PUD zoning, the petitioner is required to confer with the city and other county, state or regional agencies having jurisdiction or permitting responsibilities impacting the proposed development. The petitioner is also required to submit a tentative land use sketch plan for review at the conference, and to obtain information on any projected plans, programs or other matters that may affect the proposed planned community. This pre-application conference should address, but not be limited to, such matters as:

a.

The proposed relationship between the anticipated project and surrounding uses, and the effect of the proposed development on the City of Sebastian Comprehensive Plan Goals, Objectives, and Policies as well as other stated planning and development objectives of the city. Prior to receiving any PUD zoning district classification, the applicant must apply for and receive a planned unit development comprehensive plan future land use map designation for the subject property.

b.

The adequacy of existing and proposed streets, utilities, and other public facilities to serve the development. The applicant shall be required to submit narrative and graphic information that addresses concurrency management issues pursuant to article IX, Concurrency Management, of the land development code.

c.

The nature, design, and appropriateness of the proposed land use arrangement for the size and configuration of property involved.

(2)

Initial filing. Before a PUD shall be approved, an application for the PUD zoning and conceptual plan approval shall be filed with the requisite fee to the planning and growth management department. Such application shall contain the following materials or data in sufficient quantities for necessary referrals and records:

a.

Evidence that the proposed PUD district land uses, including the proposed density and/or intensity comply with the land uses, density and intensity allowable pursuant to the specific comprehensive plan future land use map designation for the subject property. The applicant must seek a comprehensive plan future land use map amendment if the proposed land uses, density or intensity proposed within the PUD are inconsistent with the comprehensive plan future land use map designation for the subject property. Such application may be filed concurrently with the application for the PUD district zoning; however, no action shall be binding on the PUD zoning petition until the necessary amendment to the comprehensive plan future land use map has been duly approved by the city and the State of Florida.

b.

A proposed conceptual development plan as prescribed in section 54-4-20.2(b) herein.

c.

Such other materials as the petitioner may feel is applicable to and in support of the PUD zoning.

d.

Any additional information as may be required by the planning and zoning commission or the city council at the time of any public hearing.

(3)

Fee for PUD zoning review. The minimum fee for filing said application shall be established by resolution of the city council.

(4)

Ownership requirements for application. A PUD zoning application shall be filed in the name or names of the record owner(s) of the property included in the PUD. However, the application may be filed by an applicant with an equitable interest in the property, or by an attorney or agent for the owner. All applications shall include a verified statement showing each and every individual person having a legal equitable and/or beneficial ownership interest in the property upon which the application for site plan approval is sought, except corporations, in which case the name and address of the corporation and principal executive officers will be sufficient.

All land included for the purpose of development within a PUD district shall be owned or under the control of the petitioner for such zoning designation, whether that petitioner be an individual, partnership or corporation, or a group of individuals, partnerships or corporations. The petitioner shall present firm evidence of the unified control of the entire area within the proposed planned unit development and shall stipulate that, if the petitioner proceeds with the proposed development, the petitioner shall:

a.

Do so in accord with the officially approved conceptual PUD plan for the development, and such other conditions or modifications as may be attached to the PUD approval.

b.

Submit as part of the final development plan, agreements, covenants, contracts, deed restrictions, or sureties acceptable to the city council for completion of the undertaking in accordance with the adopted conceptual PUD plan. The same shall guarantee that the applicant/owner shall provide for the continuing operation and maintenance of all areas, functions, and facilities that are not to be dedicated.

c.

Bind the proposed development, including successors in title, to any commitments made under a and b preceding.

(5)

Review procedures for PUD zoning. Each applicant for PUD zoning shall submit a conceptual development plan for approval by the city council. The review process shall be carried out pursuant to this article. If the conceptual development plan and pud zoning are approved, the applicant shall submit a preliminary development plan for review by the planning and growth management department.

a.

Staff review. Ten copies of the conceptual development plan shall be submitted to the planning and growth management department for review by appropriate city staff and other professional consultants as deemed appropriate.

b.

Criteria for review. The staff review shall address the following criteria:

1.

Compliance with the City of Sebastian Comprehensive Plan.

2.

Conformance with applicable ordinances.

3.

Land use compatibility.

4.

Adequate public facilities.

5.

Natural environment.

6.

Economic effects.

7.

Orderly development.

8.

Public interest.

9.

Other matters. Any other matters which the city may deem appropriate or that would be of particular relevance to the planning and zoning commission and/or the city council.

c.

Review by planning and zoning commission and city council. The planning and zoning commission shall hold a public hearing on each PUD zoning and conceptual development plan. The planning and zoning commission shall submit a written report and recommendation concerning the proposed changes of zoning and conceptual development plan to the city council for official action.

1.

Considerations by the planning and zoning commission. The planning and zoning commission shall consider all aspects of the conceptual development plan necessary to meet the intent and requirements of this article and the comprehensive plan. The planning and zoning commission shall also consider the recommendations and comments in the planning and growth management director's report. The planning and zoning commission shall evaluate the conceptual development plan as defined in section 54-4-20.2(b).

The planning and zoning commission shall hold a public hearing and recommend to the city council based on whether the conceptual development plan is consistent with comprehensive plan and whether the conceptual development plan generally complies with development plan review considerations and performance criteria of article XVIII. The burden is on the applicant to demonstrate that the development is consistent with the comprehensive plan. Furthermore, through the conceptual development plan the applicant must demonstrate that the proposed development can and shall comply with all provisions of the land development code. The applicant/developer is not required to satisfy all regulations governing site plan approval at this stage of the review process. However, the applicant/developer must demonstrate through the conceptual development plan that the proposed development can reasonably be anticipated to satisfy site plan review requirements, including all performance criteria within the time frames mutually agreed upon.

2.

Action by the planning and zoning commission. The planning and zoning commission shall recommend approval, approval with modifications or conditions, or denial of the rezoning request and conceptual development plan. The planning and growth management director shall prepare a written report of the planning and zoning commission's action, including the action, any condition stipulated by the commission, and, if the commission recommends denial, the report shall clearly state the reasons for denial and cite provisions of the code which support the decision of the commission. The report describing the planning and zoning commission's recommendation shall be in writing and forwarded to the city council.

3.

Consideration by city council. The city council shall consider the recommendations and comments of the planning and zoning commission and the planning and growth management director. The city council may make such investigations as may be deemed reasonably necessary to ensure conformity with the intent and requirements of this article.

4.

Action by the city council. The city council shall hold a public hearing and approve, approve with modifications or conditions, or deny the conceptual development plan, or may refer the plan to the planning and zoning commission for further consideration. In making its decision, the city council shall consider all aspects of the conceptual development plan necessary to meet the intent and requirements of this article and the comprehensive plan.

5.

Conditions. In approving a conceptual development plan, the city council may establish such conditions and may require such modifications as shall ensure compliance with the PUD district standards and regulations and further, the city council may waive or modify subdivision, site plan or other zoning requirements otherwise applicable to the development when such waiver or conflict is not in conflict with the city's comprehensive plan or the intent and purpose of the land development code.

6.

Application for rezoning. In the event that a conceptual development plan shall be disapproved by the city council, the application for rezoning shall thereby be deemed to be denied. In the event that the city council shall approve, or approve with modifications or conditions, a conceptual development plan, the city council shall thereupon grant with conditions the rezoning application accompanying said plan.

7.

Additional information. Prior to, or in addition to, approval of a conceptual development plan, and upon a determination that additional information is necessary for proper review of a planned unit development project, the city council may require the submission of additional information by the applicant. The review of such additional information shall follow the procedures applicable to the review of the conceptual development plan.

8.

Amendments of conceptual development plans. Once a conceptual development plan has been approved, and there is cause for amendment of the same, or any portion thereof, such amendment shall be processed in a like manner as the original submission. However, there shall be no requirement to file an amended rezoning application unless the proposed amendment would so dictate.

9.

Prescribed time limit for development. The city council may approve a planned unit development application subject to a prescribed time limit of not more than 18 months for the submission and approval of a preliminary development plan. Upon the failure of the developer to meet this requirement, the conceptual plan becomes void.

The prescribed time limit for the submission approval of a preliminary development plan may be extended by the city council for good cause if the developer presents evidence within the one and one-half year period which demonstrates that the developer has progressed in good faith toward implementing the conceptual development plan. The developer shall apply for the extension at least 90 days before the conceptual plan approval becomes void.

(b)

Required form and content of conceptual development plan. An official application for PUD zoning shall be accompanied by a conceptual development plan that includes as a minimum, the following:

(1)

Vicinity map. A vicinity map drawn to a minimum scale of one inch = 200 feet which clearly shows the site in relationship to its surroundings, and an aerial photograph made within the last four years at a scale of at least one inch = 200 feet showing all property within 1,000 feet of the project boundaries is required.

(2)

Property boundaries. A certified survey delineating the location and dimensions of all boundary lines of the development, and of any contiguous lands, including those separated only by a street, canal, or similar feature, in which the developer or property owner presently has any legal interest.

(3)

Existing conditions. The approximate location, nature, and extent of all existing easements, streets, buildings, land uses, historic sites, zoning, tree groupings, environmentally sensitive areas, wetlands, watercourses, and general U.S. Coast and Geodetic sheet topographic contours on the site; the location of areas within the A, AE, and VE Zones as delineated on the Federal Emergency Management Agency (FEMA) flood insurance rate maps (FIRM) for the City of Sebastian; the names of the property owners of record and existing zoning and land uses for all property within 300 feet of the perimeter of the PUD; and the approximate location and width of all existing or platted streets, drainage ways, utilities, exceptional land characteristics, and similar features contiguous to the site.

(4)

Future land use map designations and existing zoning. The boundaries of underlying future land use map designations and existing zoning districts.

(5)

Development plan.

a.

Legal description. A legal description of the land comprising the PUD project.

b.

Proof of ownership. Legal instruments acceptable to the city attorney that clearly indicate persons having a legal and/or equitable ownership interest in the subject property. Where ownership resides with a publicly held corporation whose stock is traded on a nationally recognized stock exchange, the name and address of the corporation and all of its principal executive officers will be sufficient. The documentation shall also include an affirmation that no other persons have claims or interests (known to the applicant, developer, or owners) which might affect their right to develop the entire PUD project as proposed.

c.

Land use. The total project acreage, approximate location of each land use and proposed intensity, acreage by each proposed land use, dwelling unit types, general types of nonresidential uses, open spaces, recreational facilities, and other proposed uses. The quantitative land use data shall be illustrated in a table that clearly depicts the total number of acres allocated to each active land use, conservation uses, water bodies, recreation areas, and other similar allocation. The table shall also depict total acres. The percent of land area allocated to each category of land shall equal 100%.

d.

Circulation. Circulation facilities plan showing approximate locations and types of all access points and major streets.

e.

Conceptual drainage plan. A conceptual drainage plan designed by a Florida registered professional engineer.

f.

Location and densities of proposed residential activities. General location and proposed densities for each dwelling unit type and approximate number of dwelling units by type.

g.

Location and square footage of proposed nonresidential activities. Approximate location and square footage of each nonresidential land use by general type, e.g., offices, neighborhood commercial, industrial, etc., together with description of general characteristics of proposed building and/or facility improvements.

(6)

Written material.

a.

Planning objectives. A statement of planning objectives to be achieved by the PUD through the particular approach proposed by the applicant. This statement should include a description of the character of the proposed development and the rationale behind the assumptions and choices made by the applicant. The statement shall include a proviso that provisions of the comprehensive plan and land development code shall be satisfied.

b.

Development schedule. A proposed binding development schedule indicating the approximate starting and completion dates for the entire project and any phases thereof, together with appropriate identification and conceptual description of such phases.

c.

Environmental impact statement. A statement explaining the positive and negative environmental impacts of the proposed development on: a) environmentally fragile lands including any lands designated "Conservation" on the official zoning map, as well as any other wetlands, native habitats, flood plain, and any other significant natural features; b) natural vegetation, including general tree removal estimates; c) impact of proposed grading plan and drainage system improvements; and d) other significant natural features of site.

d.

Public facility impact statement. A statement identifying the estimated impact of the proposed development on public facilities including: a) quantity of wastewater generated; b) quantity of potable water required; c) description of recreation facilities proposed; d) estimated number of school age children expected within the development; e) estimated property tax and/or sales tax revenue generated by the project by phase; and f) any other positive or negative significant public facility impact.

e.

Additional information. Any other additional material and information as the planning and growth management director, planning and zoning commission or city council may reasonably require.

(a)

General procedures for preliminary PUD development plan and preliminary plat submittal and approval. The granting of a rezoning to a planned unit development (PUD) and the approval of its accompanying conceptual development plan by the city council shall constitute authority for the applicant to submit a preliminary development plan. The preliminary development plan shall be filed, processed and reviewed pursuant to this section. The preliminary PUD plan shall include a development plan and a preliminary plat in accordance with article XIX.

(1)

Filing preliminary development plan. No preliminary development plan shall be filed unless it has been prepared on the basis of a duly approved conceptual development plan. The preliminary development plan shall be submitted within the requisite time limit, as established at conceptual development plan approval or as may be extended by city council action.

(2)

Fee for preliminary development plan review. The minimum fee for filing said application shall be established by resolution of the city council.

(3)

Ownership requirements for application. The ownership requirements for filing a preliminary development plan shall be the same as for filing the conceptual development plan as herein set forth.

(4)

Review procedures for preliminary development plan. Each applicant for a PUD shall submit a preliminary development plan for review by city officials. The review process shall be carried out pursuant to this article. If the preliminary development plan is approved, the applicant shall submit a final plat for review by city officials.

a.

Staff review. Ten copies of the preliminary development plan shall be submitted to the planning and growth management department for review by appropriate city staff and other professional consultants as deemed appropriate.

b.

Criteria for review. The staff review shall address the following criteria:

1.

Compliance with subdivision regulations.

2.

Compliance with zoning regulations.

3.

Compliance with the comprehensive plan.

4.

Compliance with the conceptual development plan.

c.

Review by planning and zoning commission and city council. The planning and zoning commission shall hold a public hearing on each preliminary development plan. If approved by the planning and zoning commission, the city council shall also review the plan and approve said plan prior to submission of any final development plan.

1.

Considerations by the planning and zoning commission. The planning and zoning commission shall consider all aspects of the preliminary development plan necessary to meet the intent and requirements of this article and the comprehensive plan. The planning and zoning commission shall also consider the recommendations and comments of the staff. The planning and zoning commission shall recommend to the city council whether the development plan and preliminary plat comply with the conceptual development plan, the comprehensive plan, and the land development code, as well as performance criteria of chapter III, articles IX through XVI. The burden of proof shall reside with the applicant/developer to demonstrate compliance.

2.

Action by the planning and zoning commission. The planning and zoning commission shall recommend approval, approval with modifications or conditions, or disapproval. The recommendation and reasons for the planning and zoning commission action shall be in writing and forwarded to the city council.

3.

Consideration by city council. The city council shall consider the recommendations and comments of the planning and zoning commission and staff. The city council may make such investigations as may be deemed reasonably necessary to ensure conformity with the intent and requirements of this article.

4.

Action by the city council. The city council shall hold a public hearing and shall approve, approve with modifications or conditions, or deny the preliminary development plan, or may refer the plat to the planning and zoning commission for further consideration. In making its decision, the city council shall consider all aspects of the preliminary development plan necessary to meet the intent and requirements of this article and the comprehensive plan.

5.

Conditions. In approving a preliminary development plan, the city council may establish such conditions and may require such modifications as shall assure compliance with the planned unit development standards and regulations.

6.

Requests for additional information. Prior to, or in addition to, approval of a preliminary development plan, and upon a determination that additional information is necessary for proper review of a planned unit development project, the city council may require the submission of additional information by the applicant. The review of such additional information shall follow the procedures applicable to the review of the preliminary development plan.

7.

Amendments of preliminary development plans. Once a preliminary development plan has been approved, and there is cause for amendment of the same, or any portion thereof, such amendment shall be processed in a like manner as the original submission. However, there shall be no requirement to file an amended conceptual development plan, unless the proposed amendment would so dictate.

8.

Prescribed time limit for development. The city council shall approve a preliminary development plan application subject to a prescribed time limit of not more than 18 months for the submission and approval of a final PUD plan. If the preliminary development plan has not been implemented within the required time period, the preliminary development plan becomes void. If the developer cannot meet this requirement, the developer may request an extension of the preliminary development plan. The request for such an extension shall be made no later than 90 days before the preliminary development plan becomes void. The prescribed time limit for the submission and approval of the final PUD plan may be extended by the city council, for good cause if the developer presents evidence within the eighteen month period which demonstrates that the developer has progressed in good faith toward implementing the preliminary development plan.

9.

Changes in preliminary development plan. If a final PUD plan is submitted which includes changes from the approved preliminary development plan, the planning and growth management director shall review the plan to determine the effect of the PUD and consistency with applicable ordinances and make a recommendation to the planning and zoning commission. The planning and growth management director may approve minor site plan modifications as provided for in article XVIII. The planning and growth management director may request that the planning and zoning commission determine whether any changes are of such significance that the preliminary development plan should be re-submitted to the planning and zoning commission for review and approval by the city council. In any case of doubt, the revised preliminary development plan shall be re-submitted for a recommendation by the planning and zoning commission and approval of the city council.

(b)

Required form and content for preliminary development plan and preliminary plat. A preliminary development plan shall be submitted along with all of the material included in the approved conceptual development plan. No permit for construction of subdivision improvements shall be issued until the preliminary plat and development plan have been duly approved. The preliminary development plan shall include the conceptual plan together with the following:

(1)

Written material.

a.

Development schedule. A development schedule indicating the approximate date when construction of the PUD or stages of the PUD can be expected to begin and be completed.

b.

Quantitative data.

1.

Total number of dwelling units by type.

2.

Total parcel size.

3.

Proposed lot or building site coverage by buildings and structure.

4.

Proposed lot or building coverage by impervious surfaces, other than buildings and structures.

5.

Gross and net residential density.

6.

Proposed amount of open space.

7.

Proposed amount of public lands including all dedicated rights-of-way, easements, and other lands dedicated for public facilities and services.

8.

Internal circulation plan depicting all proposed streets, alleys and ingress/egress locations.

c.

Updated environmental impact statement and environmental survey. A statement explaining any additional information that may have been gathered or calculated since the approval of the conceptual development plan concerning any positive or negative environmental impacts that may be associated with the development. This statement shall include all environmental information that may be submitted as part of the development of regional impact (DRI) review process, as applicable. The updated environmental impact statement shall also include an environmental survey showing the existing and proposed site conditions, including contours at two-foot intervals; watercourses; areas within the coastal high hazard area; floodplains; wetlands; or environmentally sensitive wetlands; waters of the state, survey of wetlands, and/or transitional wetlands under the jurisdiction of the state or federal government; native habitats; other unique natural features; areas of environmental concern; historic features; and trees and vegetative cover shown in a tree survey. The environmental survey shall identify trees on the site, drainage, and the various aesthetic characteristics of the subject site and of adjacent areas, and shall identify those portions of the area deemed to be of critical environmental sensitivity. The planning and zoning commission may grant a waiver to the tree survey requirement upon recommendation by the planning and growth management director. In such case, an aerial photograph denoting the tree canopy shall be submitted in lieu of the tree survey.

d.

Updated public facility impact statement, including a concurrency management plan. A statement identifying any additional data or information that may have been gathered or calculated since the approval of the conceptual development plan, concerning impacts of the development on public facilities including strategy for meeting article IX concurrency management system requirements for each of the following:

(a)

Method and design for accommodating anticipated wastewater to be generated by the development;

(b)

Planned recreation and open space improvements;

(c)

Method and design improvements required to supply anticipated potable water needs;

(d)

System design for stormwater management projected improvements;

(e)

Traffic generation and traffic assignments together with proposed improvements to accommodate projected trips while maintaining adopted level of service standards;

(f)

Planned methods for accommodating projected solid waste generation;

(g)

Estimated number of school age children expected within the development and plans for accommodating their educational needs;

(h)

Estimated property tax and/or sales tax revenue generated by the project by phase; and

(i)

Any other positive or negative public facility impact. The statement shall also include all public facilities impact information that may be submitted as part of a development of regional impact (DRI) review process, as may be applicable.

e.

DRI information. If any planned unit development qualifies as a development of regional impact (DRI), as defined in chapter 380, F.S., such projects shall include all data submitted as part of the required Application for development approval (ADA). If the applicant is within 80% of the state's established DRI threshold, or if land ownership patterns in the vicinity of the site indicate DRI potential, the city shall require that the applicant obtain a binding letter from the state department of community affairs. In such case the city shall not grant a development order or site plan approval until the applicant has demonstrated through a binding letter that the project is not a DRI.

f.

Archeological and historic resource information. The location and nature of archeological sites and historic buildings that are located within the proposed PUD, and the intended use of each shall be included graphically on the preliminary plat.

g.

Additional information. Any other additional information or material, including a traffic impact analysis, which the city staff, planning and zoning commission or city council may reasonably require.

(2)

Graphic element of preliminary development plan.

a.

Plat. If the project involves the subdivision of land, then a preliminary plat, prepared by a Florida registered engineer shall be submitted. The preliminary plat shall be submitted in accordance with the provisions of the subdivision regulations. The surface water management plan meeting criteria of article XII, as well as other infrastructure components, including roadway improvements, water and wastewater facilities, and other scheduled infrastructure improvements shall be prepared by a Florida registered engineer. The preliminary plat shall include maps, data and written statements necessary to show at least the following:

1.

Proposed name of the PUD, title of map, name of city, and description of section, township and range.

2.

Name and address of record owners, applicant, and person preparing preliminary development plan.

3.

The locations and names of abutting subdivisions and the names of owners of record of adjacent acreage.

4.

Date, north arrow and graphic scale.

5.

Legal description and survey of the proposed PUD boundaries made and certified by the Florida registered land surveyor.

6.

Proposed lot or building site lines with dimensions, setbacks, and landscaped yards. Location and floor area size of all existing and proposed buildings, structures, and other improvements. Designation of all dwelling unit types and number of units. Net residential density calculations. Plans for nonresidential uses shall include the square footage allocated to each respective use.

7.

Location, name and dimensions of all existing and proposed dedicated public lands and private parks and recreational areas and the conditions of such dedication.

8.

The width and location of any street or right-of-way shown upon the comprehensive plan within the PUD and the proposed width, location and grade of all streets proposed public or private, proposed on- or off-site by the applicant. Where private streets and roadways are proposed or where common areas are proposed legal instruments running with the land shall be provided which ensure perpetual maintenance. Include projected trips, trip assignments to roadway network, existing and projected levels of service on impacted linkages, and proposed traffic improvements, including new facilities, additional lanes, signalization improvements, acceleration/deceleration lanes, and related system enhancements. The support material must comply with concurrency management provisions of article IX.

9.

Location of closest available public water supply system and proposed preliminary design for water service improvements, including existing and proposed level of service, general location of facility improvements, and schematic drawings. The final construction drawing shall not be required prior to preliminary plan approval, but shall be required prior to commencement of the installation of such improvements. The support material must comply with concurrency management provisions of article IX.

10.

Area in square feet of each lot or building site, to be indicated in a rectangle within each lot or building site.

11.

Typical cross-sections of proposed streets, sidewalks, canals and ditches and other proposed improvements.

12.

Location of proposed wastewater collection system and proposed preliminary design of wastewater collection improvements, including proposed location of improvements, existing and proposed level of service, and schematic drawings. Final construction drawings shall not be required prior to preliminary development plan approval, but shall be required prior to commencing the installation of such facilities. The support material must comply with concurrency management provisions of article IX.

13.

Location of proposed improvements for collecting and discharging surface drainage and the preliminary design of such facilities, including the existing and proposed level of service, and schematic drawings. Final construction drawings shall not be required prior to preliminary development plan approval, but shall be submitted prior to commencing the installation of such facilities. The drainage plans shall comply with all provisions of article XII, Surface Water Management, as well as article IX, Concurrency Management.

14.

Location and preliminary design of proposed bridges or culverts which may be required, including the type of facility and general level of service as well as schematic drawings. Final construction drawings shall not be required prior to preliminary development plan approval, but shall be required prior to commencing the installation of such improvements.

15.

Proposed locations and preliminary designs for sidewalks, curbs, storm drainage facilities, water mains, sanitary sewers, fire hydrants, and flow facilities.

16.

Location and width of proposed permanent utility easements. The easements shall provide satisfactory access to existing rights-of-way or other open space shown upon the preliminary PUD plat. Permanent drainage easements shall also be shown.

17.

Where the preliminary PUD plat covers only a part of contiguous land owned by the applicant, a master phasing plan shall also be required unless the application certifies that the remaining real property shall be developed independently of the proposed PUD plat.

18.

The proposed treatment of the perimeter of the PUD plat, including material and techniques used, such as landscape, fences and walls for screening and buffering.

19.

Location of wetlands and/or environmentally sensitive areas located within the site. Discuss any endangered wildlife habitats or vegetative communities, wellfield, aquifer recharge areas, wetlands that will be impacted by construction of stormwater runoff.

b.

Site plan. If the project requires site plan approval, a site plan shall be submitted. The site plan shall be submitted in accordance with the provisions of article XVIII, Site Plan Review Procedures. The surface water management plan meeting criteria of article XII, as well as other infrastructure components, including roadway improvements, water and wastewater facilities, and other scheduled infrastructure improvements shall be prepared by a Florida registered engineer. The site plan shall include maps, data and written statements necessary.

c.

General appearance. Graphic presentation of the general features of proposed structures, excluding single-family detached dwellings, including:

1.

Floor plans and square footage of all multifamily and nonresidential buildings or structures; and

2.

Elevations, sections and/or perspectives as necessary to indicate the basic architectural intent, the height of buildings and structures, and the general window and door arrangements.

d.

Dedication or reservations of land for public use. The location and size, in acres or square feet, of all areas to be conveyed, dedicated or reserved as open spaces, public parks, recreational areas, school sites, and similar public uses. The narrative shall demonstrate compliance with concurrency management requirements of article IX.

e.

Vehicular, pedestrian and bicycle circulation and parking. The existing and proposed circulation system of arterial, collector, and local streets including off-street parking areas, service areas, loading areas, and major points of access to public rights-of-way (including major points of ingress and egress to the development). Notations of proposed ownership — public or private — shall be included where appropriate. The existing and proposed pedestrian and bicycle circulation system, including its interrelationship with the vehicular circulation system indicating proposed treatments of points of conflict.

f.

Open space and landscape plan. A general landscape and grading plan indicating the proposed modifications in the topography and ground cover together with a plan for design of open space systems and landscaping. The landscape plan shall comply with open space, landscape and tree preservation requirements of this article and other applicable provisions of this code, especially article XIV.

g.

Information concerning adjacent lands. Information on adjacent areas sufficient to indicate the relations between the proposed development and the adjoining areas, including:

1.

Land ownership within 300 feet of the exterior boundary of the property.

2.

Existing land use and designation on the comprehensive plan future land use map.

3.

Zoning classification.

4.

Circulation system.

5.

Density.

6.

Public facilities.

7.

Unique natural features.

h.

Additional information. Any additional graphic information required by the planning and zoning commission that is necessary to evaluate the character and impact of the proposed PUD.

Upon approval of the preliminary development plan for a subdivision, the developer may apply to the city engineer for approval of the construction drawings of the proposed subdivision. The procedures shall be the same as outlined in article XIX, Subdivisions.

(a)

General procedure for final development plan submittal and approval.

(1)

Final development plan for a site plan. Upon completion of a site plan, the developer shall submit an as-built drawing of the site plan certifying that the site has been constructed in conformance with the approved preliminary development plan. The planning and growth management director shall review the final development plan and if the final development plan is in substantial conformity with the preliminary development plan as described in (4) below, the planning and growth management director shall approve the final development plan.

(2)

Final development plan for a plat. Upon completion of the construction of the subdivision, the developer shall submit a final plat and as-built drawings certifying that the subdivision has been constructed in compliance with the preliminary development plan. The final plat shall be compliant with section 54-4-19.5(c) through (f). The final development plan must be prepared in accordance with the approved preliminary development plan and shall not be considered approved by the city council and shall not be recorded in the records of Indian River County until it has been approved in a manner prescribed pursuant to section 54-4-19.5(c) through (f). A final plat may be prepared and submitted for the entire planned unit development at one time, or for the approved development stages on an individual basis.

(3)

Review final development plan. The review procedures for the final development plan shall be the same as the review procedures established for a final plan in section 54-4-19.5(c) through (f). If the final site plan includes any proposed changes, the final site plan shall be reviewed pursuant to procedures established for site plan review in article XVIII.

(4)

Substantial conformity with preliminary development plan required. The final development plan shall be in substantial conformity with the approved preliminary development plan. In achieving substantial conformity, no change authorized by this Subsection may cause any of the following:

a.

A change in the use or character of the planned unit development;

b.

An increase in overall coverage of structures;

c.

An increase in the intensity of use, or the density;

d.

An increase in the problems of traffic circulation and public utilities;

e.

A reduction in approved open space;

f.

A reduction in required pavement widths; or

g.

A violation of a specific requirement or condition of the land development code.

Changes, erasures, modifications, additions or revisions shall not be made to a final plat after the city council approval has been given, unless the final plat is resubmitted for approval, except as required by law for clarification.

All changes in use, re-arrangement of lots and blocks, changes in the provision of common open spaces, and other changes except those listed in the paragraph above, may be allowed at the discretion of the city council. Such amendments may be made only if they are shown to be required by: 1) changes in conditions that have occurred since the preliminary development plan was approved; or 2) by changes in adopted city policy

(5)

Failure to comply with approved final development plan. Failure to comply with the requirements of the approved PUD, any conditions imposed in its approval, including time conditions, shall constitute a violation of this article. Upon finding by the city council that the developer has failed to comply with the conditions of any staging plans or prescribed time limits, the approval of the PUD shall be automatically terminated. Prior to continuing with the planned unit development, the developer shall reapply to the city council for approval to continue. The city council may authorize the petitioner to continue under the terms of the PUD and site plan approval or may require the developer to re-submit the application in conformance with any step outlined in the procedure for preliminary development plan or final plat approval. No subsequent plan or re-approval shall effect an increase in the overall project density, intensity or change in use as established in the site plan.

(6)

Occupancy and use of premises. Prior to the use or occupancy of any portion of the planned unit development project, the developer must satisfy all the provisions of the final development plan stipulated herein, and obtain all necessary permits and a certificate of occupancy.

All open space required by this chapter shall be either private, reserved for common use, or dedicated to the public. All required open space shall be reserved as such through appropriate deed restrictions that cannot be removed without the consent of the city council. Private open space shall be owned in fee simple title as part of a lot or parcel in private ownership. The use of private open space shall be reserved and limited through appropriate deed restrictions. The deed restriction shall require the property owner to maintain the private open space in perpetuity.

All open space reserved for common use shall ultimately be owned in fee simple by an organization of property owners within the PUD plat. The organization shall be established by the applicant, and all organizational documents, including, but not limited to, article of incorporation, bylaws and restrictive deed covenants, shall be submitted to the city attorney for approval prior to recording in the public records of the county and filing with the secretary of state. The organization shall be responsible for the maintenance of all common open spaces. The organization shall be empowered to assess reasonable maintenance fees upon the owners of real property within the PUD plat for the maintenance of the common open space.

(a)

All open space reserved for common use shall be conveyed to the organization prior to or at the time when two-thirds of all the dwelling units of the PUD plat under development have been sold. Conveyance shall be by a general warranty deed in fee simple absolute, acceptable to the city attorney. The deed shall include a deed restriction providing for the perpetual maintenance of the common open space by the organization.

(b)

The organization may offer to convey the common open space to the city at no cost. If the city accepts the offer, then the conveyance shall be of general warranty deed in fee simple absolute, acceptable to the city attorney. Upon acceptance, the open space shall be available for use by the general public. The city shall not accept a conveyance of common open space unless arrangements acceptable to it are made for the continued maintenance of the open space, which arrangements may include maintenance by the city.

(c)

Open space dedicated to the public shall be open to the general public.

(d)

All landscaped yards shall be owned in fee simple as part of an approved lot or parcel, and the landscaped yards shall be reserved and controlled through appropriate deed restriction. The deed restrictions shall require the property owner to maintain the landscaping in perpetuity.

In the event of a noncompliance with this article, the planning and growth management director, or a designated representative, shall have the authority to suspend construction activity and revoke any building permit issued under this article, and to take all actions necessary to halt construction until such time as the provisions herein are complied with. In the event legal action is necessary, and costs are incurred by the city in forcing compliance, these expenses shall be borne by the developer or parties violating the terms of this article.

The intent of this section is to describe certain Performance Overlay zones used to impose special development restrictions on identified areas. The location of Performance Overlay zones is established by the City of Sebastian based on the need for special protective measures in that area. The underlying uses in the area, as determined in chapter II of this code, remain undisturbed by the creation of the Performance Overlay zone. The Performance Overlay zone merely imposes additional or different development standards than those that would otherwise apply.

The overall purpose of these regulations is to:

(a)

Promote an attractive and inviting corridor;

(b)

Provide for a sufficient amount of attractive and well-maintained landscaping to complement buildings and structures within the corridor;

(c)

Encourage development of attractive buildings within the corridor;

(d)

Ensure unobtrusive and orderly signage that averts a garish and visually cluttered appearance along the corridor;

(e)

Encourage creative designs and buildings of quality;

(f)

Foster creative approaches that result in buildings of enduring character through use of quality design and building materials; and

(g)

Make the Overlay Districts consistent with their vision statements.

(a)

Exemptions. Within the Performance Overlay Districts, the following exemptions shall apply:

(1)

Single-family development and redevelopment shall be exempt from all Performance Overlay District special development regulations.

(2)

Industrial and storage buildings located within an industrial district shall be exempted from foundation planting landscaping requirements and architectural/building requirements only if no building facades abut a residentially zoned area or front on public or platted roads. All industrial buildings shall satisfy the color requirements.

(3)

Electrical substations and similar public or quasi-public facilities that prohibit access by the public onto the site may be exempted from architectural/building requirements, if the exempted building(s) and equipment will be visually screened from adjacent properties and roadways.

(b)

Uses. With the following exceptions, uses within the Performance Overlay Districts shall be as specified in article V of this code.

(1)

Outdoor displays. No outdoor displays shall be permitted unless approved by the planning and zoning commission pursuant to section 54-3.10.2(d).

(2)

Uses with vehicle and service bays. Uses involving vehicle and service bays that are oriented perpendicular to CR 512 are allowed only if a Type "B" buffer with a four-foot high opaque feature is provided along the site's CR 512 frontage.

(3)

Underground utilities services required. Where new utilities services (e.g. electrical, phone, cable) are provided to project sites, such service shall be installed underground.

(4)

Connection to pedestrian systems. Projects fronting on roads with existing or planned/required sidewalks and/or bikeways shall provide a pedestrian path from the project to the existing or future sidewalk and/or bikeway. Said pedestrian path shall have a minimum width of five feet, shall consist of a rigid surface meeting Florida Accessibility Code requirements, and may include properly marked areas that cross parking lots and driveways.

In the Performance Overlay Districts, development and redevelopment requiring administrative, minor modification or site plan approval and exterior renovations shall comply with the districts plan requirements. The area of development for such projects shall be the area of the site containing buildings, additions, structures, facilities or improvements proposed by the applicant or required to serve those items proposed by the applicant.

(a)

Preliminary review of site plans. Preliminary staff review of site plans is mandatory, including review of landscaping and tree preservation plans, architectural plans, lighting plans, and color and exterior finish samples.

(b)

Site plan review. The drawings listed below are to be submitted in a minimum 24-inch by 36-inch format, and are to be the largest scale, which will fit on a 24-inch by 36-inch format. In addition to normal site plan review submittal requirements, the following are to be submitted at the time of site plan review:

(1)

Site plan. This plan shall indicate setbacks and all site development as required by the site plan ordinance, and shall depict: building orientation; locations of signage, location of service areas, dumpsters, loading zones, mechanical equipment, and any other "visually offensive elements" as described in these requirements, including locations and specifications of screening devices.

(2)

Tree plan. This plan shall indicate location, diameter at breast height (dbh) four and one-half feet above grade, and species of all trees six-inch caliper (measured at dbh) and larger.

(3)

Landscape plan. The landscape plan may be incorporated into the site plan. It shall include calculations demonstrating compliance with article XIV and the special landscaping requirements as established within each district.

(4)

Building floor plans. This plan shall depict general location of entries and exits, restrooms, and general uses.

(5)

Roof plan. This plan shall indicate roof type, slope, and any offensive elements (as described in these requirements) and descriptions of screening devices.

(6)

Building elevations. This plan shall include all exterior-building elevations, including all items affecting the appearance of the building, including roof design, complete description of exterior building materials, exterior building colors, all loading zones, mechanical and electrical equipment locations and their required screening devices, and signs attached to buildings.

(7)

Certifications. The plan shall include certifications from the project architect or engineer that proposed roof plans and elevation plans satisfy the Overlay Districts architectural/building standards.

(8)

Other requirements. Prior to site plan release, applicants shall submit to planning and growth management department three sets of the following and shall obtain planning staff approval of each component:

a.

Site lighting plan. The site lighting plan may be incorporated into the site plan. It must indicate the site lighting plan, as well as a light fixture schedule with cut sheets (written specifications and pictorial representation including photometric chart) for all site lighting fixtures. This includes any site lighting fixtures attached to buildings.

b.

Sign elevations (minimum scale: three-quarters inch equals one foot). These are to be detailed drawings of building and site signage including all items affecting the appearance of signs, including but not limited to: dimensions, area in square feet, complete description of finish materials and their colors, color samples (minimum size three inches by five inches, using Pantone Matching System® numbers with color number on back of each sample) and method of illumination. This is required for all outdoor signs except those which cannot be determined because the occupancy of the space is not known. Any signs not reviewed at site plan review time for this reason must be reviewed under these requirements prior to the issuance of a sign permit.

c.

Building color samples (minimum sample sizes: three by five inches): Exterior and exterior signage color samples shall be submitted.

d.

Certification. Certification from the project architect or engineer that the proposed site and exterior building lighting, proposed signage, and proposed building and signage colors satisfy the Overlay District's lighting, signage and color standards.

(c)

Approval for change of exterior design required. Changes to the exterior of any structure in the Overlay Districts shall require review and approval by the planning and growth management department. Such changes shall include, but not be limited to, colors, building materials, roof finishes and signage. Routine maintenance and replacement of materials which do not affect the approved exterior design shall be exempt from such review and approval.

As part of an application for development, a request may be made for a waiver of any of the provisions of this article. The request shall be heard by the planning and zoning commission in determining if any such provision be waived, modified or applied as written. The planning and zoning commission shall hold a quasi-judicial hearing on the requested waiver. The criterion for granting a waiver or modification of any of the provisions of this article is whether the strict interpretation of the requirements of this article places an inordinate burden on the property owner as defined by Florida Statutes. The waiver procedure herein is the exclusive remedy to the application of the provisions of this article and is to be utilized in lieu of an application for a variance.

Historic buildings. The planning and zoning commission may waive the requirements of the performance overlay districts for the purpose of preserving a historic building.

This Riverfront Overlay District is designed to encourage development and redevelopment within the Riverfront District that includes promotion of traditional building types with arcades, balconies, and porches. Additionally, the intent of the district is to create a sense of place and promote social interaction on the streets of the Riverfront District and encourage durable construction that is harmonious with the architectural heritage known as the "Old Florida Fishing Village" of Sebastian.

(a)

Established: A special Performance Overlay District is hereby established to be known as the "Old Florida Fishing Village" Riverfront District.

(b)

Boundaries: The Riverfront District shall include that portion of the City of Sebastian located east of the Florida East Coast Railroad to and including the Indian River, north to the city limits and south to the south city limits located approximately at the south section line of Section 6, Township 31S, Range 39E.

(c)

Riverfront District requirements: All development in the Riverfront District shall comply with the requirements of this article. The standards and requirements set forth below shall apply to new development, conversion in use from residential to commercial, and to building exterior refinishing.

(a)

Scope: The design of all structures in the Riverfront District shall comply with the requirements of this code. This pertains to any building, group of buildings, site development, alterations affecting building's exterior, parking lots, and vehicular use areas. Compliance with the provisions in this code shall be reviewed by the growth management department, planning and zoning commission and the city council as appropriate. Precedence shall not be set by any project or variances approved by the growth management department, planning and zoning commission, city council, or the board of adjustment.

(b)

Approval for change of exterior design required: Any exterior change of any structure in the Riverfront District shall require review by the growth management department. Such changes shall include, but not be limited to, colors, building materials, roof finishes, and signage. Changes to the architectural features or style, landscaping, or signs shall be approved by the growth management director. Modifications to the site plan shall be approved in compliance with the site plan modification process in article X. Routine maintenance and replacement of materials which does not affect the approved exterior design shall be exempt from this paragraph.

(c)

Prohibited architectural styles: The following are not considered to be consistent with the "Old Florida Fishing Village" architectural style nor appropriate for the Riverfront District and are prohibited:

(1)

Corporate signature or commercial prototype architecture, unless such is consistent with all requirements of this code. Examples of such include, but are not limited to, flat roofed convenience stores and gas stations.

(2)

Buildings which are of symbolic design for reasons of advertising and buildings which are not compatible to the atmosphere of Riverfront District. Examples of such include "A frame" style roofs, garishly colored roofs, translucent architectural elements, and the like. Symbols attached to buildings will not be allowed unless they are secondary in appearance to the building and landscape, and are an aesthetic asset to the building project and neighborhood.

(3)

Any kitsch architecture (pretentious bad taste) which does not resemble a typical structure. Examples of such include, but are not limited to, structures that resemble an exaggerated plant, fish, edible food, or other such items such as giant oranges, ice cream cones, dinosaurs.

(4)

Any architecture having a historical reference that is so unique and different from current design philosophy of an "Old Florida Fishing Village" that such reference is inconsistent and/or incompatible with surrounding structures. Examples of such include, but are not limited to, igloos, domes or geodesic domes, Quonset style structures, teepees, log cabins, medieval castle, caves.

(5)

Styles that are not in the "Old Florida Fishing Village" theme. Art Deco style is prohibited.

(a)

Provisions: The "uses" below must follow all criteria set forth in this code. The following are added criteria for each specific "use":

(1)

Residentially designated properties. The following materials are approved for use in residentially designated areas: fiberglass or asphalt shingle-style roofing for sloped roofs and visible roof structures, and textured plywood as a finish product. Rooftop screening devices shall not be required for attic ventilators or plumbing roof vents on residentially designated properties. However, roof ventilators, roof vents, and the like shall be located where they will be least visible from roadways.

(2)

Commercial centers and out-parcels. The materials, exterior finishes, signage and colors of shopping centers and structures developed on shopping center outparcels shall be compatible and harmonious with each other as determined by which structures are developed first. This requirement may be waived by the planning and zoning commission if:

a.

The initial shopping center or outparcel was built prior to the enactment of the Riverfront District special regulations; and

b.

It is determined by the planning and growth management department that enforcement of this requirement would conflict with the intent of these Riverfront District special requirements.

(a)

General design criteria:

(1)

Buildings with facades fronting on more than one street should have equal design considerations and consistent detailing on all street frontages.

(2)

Porches on the front building facade are encouraged.

(3)

Wood picket fences, wrought iron fences or landscape buffers are encouraged along the front property line, on corner lots and along the side property line. Arbors and trellises are permitted in the front yard. Except for arbors and trellises, the minimum height of fences shall be three feet and the maximum height shall be four feet. The maximum height for arbors and trellises shall be ten feet. Above fences, architectural features of up to 12 inches shall be allowed. Such features shall be spaced a minimum of ten feet apart. Chain link fences are not permitted in the front yards. Walls are discouraged. All walls shall be constructed of brick or other decorative materials and shall not exceed four feet in height.

(4)

If a building facade is 100 feet or more in width measured parallel to the nearest body of water, an open vista of at least ten feet in width and eight feet in height shall be required within the building's facade to allow a visual corridor from the public right-of-way to the adjacent body of water.

(b)

General items which are prohibited:

(1)

Flat, blank, unarticulated, or massive facades are prohibited on front facades. Facades located within view of a roadway are to incorporate architectural elements providing breaks in the planes of exterior walls and/or roofs. Facades located within view of roadway are to be designed to lessen the appearance of excessive bulk (this is especially important for large-scale commercial structures). Facades can be divided by use of: proportional expression of structure, openings, arcades, canopies, fenestration, changes of the building, and the like. (Stepping or sloping of a parapet wall in conjunction with a low sloped roof is prohibited.) Flat, blank, unarticulated, or massive facades will be permitted on the sides and rear of a building where "Blank Facade Foundation Planting" is utilized (see landscape section for requirements).

(2)

The following materials or systems for siding are prohibited as a finish and/or exposed product: corrugated or ribbed panels, smooth finish concrete block (standard concrete masonry units), precast concrete tee systems, plywood or textured plywood (except vertical board and batten). Plywood will be allowed for soffit material.

(3)

Any canopy (such as for a gas station, car wash, or drive-through facility) that is wholly or partially within 75 feet of a thoroughfare plan road right-of-way shall meet the following requirements concerning maximum fascia height (This pertains to all fascia on the above described canopy including any canopy fascia that continues beyond the 75-foot limit.):

(4)

Plastic or metal is prohibited as a finish material for walls or trim. Plastic is prohibited as a finish material for sloped roofs, visible roof structures, and fascias. Although prohibited in general, certain metal and plastic construction products may be approved by the planning and zoning commission, upon a written request and product sample submitted by the applicant. The planning and zoning commission may approve use of the material if the following criteria are satisfied:

i.

The product shall appear authentic from the closest distance that it will be viewed by the general public.

ii.

The product shall be substantial. Thin and flimsy imitations are unacceptable.

iii.

The product shall hold up as well as the product it is imitating. That is, it must be fabricated in such a way that it will retain its original shape, appearance, and color, as well as the product it is imitating.

iv.

The product's color shall resemble the color of the product it is imitating.

(5)

Any exposed masonry in a stack bond is prohibited.

(6)

Lighting that follows the form of the building, parts of the building, or building elements is prohibited.

(7)

Neon lighting, fiber optics, or similar system trim where the neon tube, fiber optics or similar system is visible is prohibited (This restriction includes site signage)

(8)

Backlit transparent architectural elements, backlit architectural elements, as well as illuminated or backlit awnings and roof elements are prohibited. This does not prohibit the use of glass blocks or the use of an illuminated sign attached to a building.

(9)

Facades that appear to be primarily awnings are prohibited. An awning shall not run continuously for more than 30% percent of the length of any single facade. Placement of awning segments shall relate to building features (e.g. doorways and windows), where possible. Awning segments shall not exceed 25% of the length of any single facade.

(10)

"Drive-up" windows or "amusement loud speakers" located on a building facade that faces a residential use are prohibited. They shall not be located on a building facade that faces Indian River Drive except for special events as permitted by the city council.

(11)

Accessory structures, including sheds, out-buildings, dumpster enclosures, and screening structures, shall match the style, finish, and color of the site's main building. Metal utility sheds and temporary car canopies are prohibited.

(c)

Roofs and parapets:

(1)

Slope roofs: Gable, hip, and shed style roofs shall have a slope no less than 5:12 (rise:run) and not greater than 10:12 (rise:run). Mansard style roofs with a slope greater than 10:12 (rise:run) are prohibited. Generous eaves on sloped roofs are encouraged. Any roof with a slope less than 5:12 (rise:run) ("low sloped roof") shall not be visible from a roadway. Low sloped roofs must be screened with a visible roof structure or parapet wall. Sheds, porches and balcony roofs shall have a slope no less than 3:12 (rise:run).

(2)

Visible roof structures: Visible roof structures shall be of such height, bulk, and mass, so as to appear structural, even where the design is non-structural. Visible roof structures shall have a minimum vertical rise of six feet (not including fascia). Visible roof structures shall have a slope no less than 5:12 and not greater than 10:12 (rise:run). Mansard style visible roof structures with a slope greater than 10:12 (rise:run) are prohibited. Where visible roof structures are utilized in a building design, they shall be continuous around all sides of the structure, except where incorporated with a parapet wall or other architectural element (this does not allow "stuck-on" roofs). Any facade that is not visible from a roadway will not require a continuous visible roof structure on that facade. Any building with less than 3,500 square feet of enclosed space and utilizing a low sloped roof must have a visible roof structure on all facades which are visible from a roadway.

(3)

The following roof styles are prohibited. "A-frame," bowstring, dome, gambrel, non-symmetrical gable or hip (different slope on each side of ridge), quonset, and polynesian. Gable or hip roof with up to a 10:12 (rise:run) maximum pitch with a "skirted" or "flared" lower portion at a 3:12 (rise:run) minimum pitch is allowed.

(4)

The ridge or plane of a roof (or visible roof structure), that runs parallel (or slightly parallel) with a roadway shall not run continuous for more than 100 feet without offsetting or jogging the roof ridge or plane a minimum of 16 inches with dormer windows or other architectural feature that breaks up the roof. Low sloped roofs are excluded from this requirement.

(5)

Roofing on sloped roofs and visible roof structures shall be limited to the following systems:

a.

Cedar shingles or shakes, slate, clay tile, or cement tile.

b.

Steel, copper, and factory painted aluminum standing seam roofing.

c.

5-V crimp roof.

d.

Galvanized metal or copper shingles of Victorian or diamond shape or pattern.

e.

Three dimensional fiberglass or asphalt shingle.

Architectural standing seam roofs shall be limited to the following systems: flat metal panels with narrow raised seams running 12 to 20 inches apart, which are secured with continuous seam covers or mechanically seamed. Light and natural colors, as well as mill finish metal roofs are encouraged. Mixing panel colors is prohibited and all building roofs shall be of one color.

(6)

Roofing materials are prohibited for use as a finish material on parapets or any surface with a slope greater than 10:12 (rise:run), up to and including vertical surfaces. This pertains only to those surfaces visible from adjacent property, exclusive of access drives or roadways. This does not exclude the use of metal fascia six inches or less in height. This does not exclude the use of typical metal flashing, wall cap, drip edge, and the like. This does not exclude the use of roofing materials as a screening device, as long as it does not function as a building's parapet. This does not exclude the use of cedar shingles or shakes as a wall materiel used below the roof line.

(7)

Plastic or metal roof panels or systems, corrugated or ribbed roof panels, hot mopped systems, built-up, gravel, torched on, foam or fluid applied, roll or membrane roofing, and the like are prohibited on any roof which is visible from any roadway and/or residentially designated area. This does not exclude the use of architectural standing seam metal roofing or galvanized 5-V crimp metal roofing.

(8)

Partial parapet walls are not permitted. If a parapet wall is used on a building, then a parapet wall of the same style and material is to be continuous around all sides of the structure, except where incorporated with a visible roof structure or other architectural element. Introduction of any visible roof structure shall not appear "fake". Any facade that is not visible from a roadway will not require a continuous parapet wall on that facade. Stepping or sloping of a parapet wall in conjunction with a low sloped roof is prohibited.

(d)

Site:

(1)

All telephones, vending machines, or any facility dispensing merchandise or a service on private property, shall be confined to a space built into the building or buildings, or enclosed in a separate structure compatible with the main building's architecture. These areas are to be designed with the safety of the user in mind. Public phones and ATMs should have 24-hour access.

(2)

No advertising will be allowed on any exposed amenity or facility such as benches and trash containers.

(3)

When feasible, existing specimen trees should be preserved in place or relocated on site. Use of tree wells, as well as adaptation and variations of siting in order to conserve native vegetation, is encouraged.

(4)

The use of thematic and decorative site lighting is encouraged. Low lights of a modest scale can be used along with feature lighting that emphasizes plants, trees, entrances, and exits. Light bollards are encouraged along pedestrian paths. The color of the light sources (lamp) should be consistent throughout the project. Color of site lighting luminaries, poles, and the like shall be limited to dark bronze, black, or dark green (decorative fixtures attached to buildings are exempt from the fixture color requirement).

Lighting is not to be used as a form of advertising or in a manner that draws considerably more attention to the building or grounds at night than in the day. Site lighting shall be designed to direct light into the property. Lighting shall avoid any annoyance to the neighbors from brightness or glare.

(5)

Roadway style luminaries (fixtures) such as cobra heads, Nema heads, and the like are prohibited. Wall pads and flood light luminaries are prohibited where the light source would be visible from a roadway, parking area and/or residentially designated area. High intensity discharge (e.g. high pressure sodium, metal halide, mercury vapor, tungsten halogen) lighting fixtures mounted on buildings and poles higher than 18 feet above the parking lot grade, and under canopies, shall be directed perpendicular to the ground. Other than decorative and low level/low height lighting, no light source or lens shall project above or below a fixture, box, shield, or canopy.

(e)

Screening devices:

(1)

"Visually offensive elements," whether freestanding, mounted on roofs, or located anywhere on a structure shall be concealed from view on all sides. Individual screens, building elements, or appropriate landscaping, are to be used to completely screen the offensive elements from view from adjacent roads, properties, and parking areas. Parapet walls, visible roof structures, individual screens, or building elements shall be used to completely screen roof mounted, visually offensive elements from view from any point around the entire building perimeter. Screening devices shall relate to the building's style of architecture and materials. All screening devices shall be designed so that no part of the offensive element extends beyond the top of the screen, measured vertically. Rooftop screening devices shall not be required for plumbing roof vents which are less than four inches in diameter and less than 12 inches above roof penetration. These roof vents are to be located where they will be least visible from roadways.

(2)

"Nuisance elements" shall be visually screened from adjacent roadways and/or residentially designated areas with solid walls in addition to any required landscaping. Loading dock buffering shall meet standards of the landscape ordinance (article XIV). All other walls shall be a minimum of six feet in height. All dumpster and trash container areas shall be completely screened on all sides. A noise abatement enclosure shall be used on HVAC equipment.

(3)

Individual screens and walls shall relate to the building's style of architecture and materials. A durable material such as reinforced concrete masonry units is recommended with an architecturally compatible finish. Wood fences as a screening device are encouraged.

(4)

Chain link fencing, with or without slats, is prohibited as a screening device for screening visually offensive elements and nuisance elements. Where chain link or similar fencing is allowed to be used (e.g., around storm water ponds), such fencing shall be green or black and shall be located and landscaped so as to visually screen the fencing from public view.

(f)

Building walls. The exterior walls of the principal building shall be constructed of any of the following materials and in the following specified manner. All materials shall be used over the entire building or as continuous horizontal blends only. No panelizing shall be permitted or other simulations.

(1)

Stucco with a "float finish," smooth or coarse, machine spray, dash and troweled.

(2)

Wood clapboard five inches to the weather.

(3)

Wood shingles seven inches to the weather.

(4)

Wood board or batten board of a board width from eight to 18 inches.

(5)

Wood shiplap siding smooth face seven inches to the weather.

(6)

Coral, keystone or tabby.

(7)

Ashlar pattern, flush sawn finish.

(8)

Split face block.

(g)

Arcades and porches: Arcades, balconies, or porches shall be constructed of materials either of wood or conform to the construction of the principal building.

(h)

Garden walls: The garden walls of the principal building shall be constructed of either wood, wrought iron, or PVC lattice, or shall conform to the construction materials of the principal building, including stone, brick, and stucco. Chain link fence concealed by landscaping may be used along the side and rear of the property. No simulations shall be permitted.

(i)

Accessory buildings: Accessory structures, including sheds, out-buildings, dumpster enclosures, and screening structures, shall match the style, finish, and color of the site's main building. Metal utility sheds and temporary car canopies are prohibited.

(a)

Intent. The intent is to use colors that complement the adopted "Old Florida Fishing Village" theme. Bright and garish colors, as a means of attracting attention to a business are not characteristic of the Riverfront District and are not compatible with this code's objectives.

(1)

Whites, earthtones, and subdued greys are encouraged. These colors can be described as being "softer", "older", "subdued", and "antique looking".

(2)

Fluorescent and bright colors are prohibited.

(b)

Color standards. All buildings and accessory structures within the Riverfront Overlay District shall be limited to the colors listed in the Overlay Districts master color list.

(c)

Roof colors (requirements for roofs that are visible from a roadway): Metal roof colors shall consist of natural mill finish, white, light neutral colors in the warm range, and a limited number of earth-tone colors. Mixing or alternating colors of metal panels is prohibited. For remaining roofs, the following shall dictate: Other than natural variations in color or color blends within a tile, the mixing or alternating of roof color, in the same roof material is prohibited. Colors and color blends shall not be contrary to the intent of this code. Color for roofing which is glazed, slurry coated, or artificially colored on the surface by any other means shall be limited to the same colors as approved for metal roofs.

(d)

Natural finish materials: The color requirements listed above shall not apply to the colors of true natural finish materials such as brick, stone, terra cotta, concrete roof tiles, slate, integrally colored concrete masonry units, copper, and wood finishes. Colors commonly found in natural materials are encouraged, unless such material has been artificially colored in a manner which would be contrary to the intent of this code.

(e)

Awning colors: Awning colors shall be consistent with item (a) above.

(f)

Overlay District master color list. The Overlay Districts master color list and approved color board shall be maintained and made available by the planning and growth management staff. The list can be mailed or faxed upon request.

(a)

Purpose: The purpose of the Riverfront District Landscape Code is to emphasize the impact of landscape design and maintenance on the health of the Indian River Lagoon and to enhance the beauty of the Riverfront District.

(b)

Intent: The intent of the Riverfront Landscape Code is to promote wise landscape design that can benefit the Indian River Lagoon with reduced irrigation, fertilization, and pest control needs.

(1)

Encourage the use of native plants. Large oaks and cabbage palms are among the many native plants which can give the feel of "Old Florida Fishing Village". Native plants properly sited can minimize maintenance costs and compliment the historic appeal of the Riverfront District.

(2)

Put the right plant in the right place. Encourage the use of plants suited to the soil conditions rather than the use of soil amendments.

(3)

Native plant list. This list of native plants is intended to assist the landowner in choosing indigenous landscaping that will have a minimal impact on the Indian River Lagoon.

(c)

Requirements: All development in the Riverfront District shall comply with the landscaping requirements as described in article XIV and shall comply with the following additional requirements:

(1)

Landscape strips.

a.

The width of the perimeter landscape strips shall be determined by the required front, side and rear setbacks as described in the underlying zoning district. For residential uses, the perimeter landscape strips shall be 25% of those setbacks.

For community facilities and commercial uses, the perimeter landscape strips shall be 50% of those setbacks, but not less than ten feet. When a zero front setback is allowed and is used, a front perimeter landscape strip between the building and the property line is not required.

b.

Required perimeter and interior landscape strips shall not be used for any other uses including stormwater management.

c.

No more than 25% of the required perimeter and interior landscape strips shall be covered in sod or grass.

d.

All required perimeter and interior landscape strips not sodded or grassed shall be covered in recycled or environmentally friendly mulch. Lava rocks or other dark rocks may be used in areas of high pedestrian traffic. River rock, gravel, pea rock, or similar material is encouraged for use in the required perimeter and interior landscape strips.

e.

Within the perimeter landscape strips, the following landscaping shall be provided per 100 (lineal feet):

1.

Five canopy trees.

2.

Six understory trees.

3.

Continuous hedge: Three to three and one-half feet high at planting.

NOTE: The hedge shall provide a visual screen three feet high above the grade of the project site parking area. Hedge material shall provide full screening to the ground; therefore, myrtles and shrubs with similar leafing characteristics shall not be used for hedge material unless a double row arrangement is used. At the time of a certificate of occupancy (CO) for the project site, the hedging shall provide a three-foot visual screen, subject to city sight distance requirements.

Clustering of trees along the buffer strip is encouraged, and uniform spacing of trees is discouraged, except where used to emphasize a particular planting theme or development style.

(2)

Foundation plantings. Foundation plantings shall be required as stated below for buildings in commercial and industrial areas and for businesses allowed in residential areas. However, for industrial and storage buildings located in the commercial, industrial and mixed use zoning districts, foundation planting strips shall be exempt for sides of buildings not fronting on a residentially designated area, or public or platted road.

a.

Along the front, sides and rear of buildings, the following foundation planting landscape strips shall be provided in accordance with the building height:

b.

Within such foundation planting landscape strips, the following landscaping shall be provided:

1.

40% of the foundation perimeter (excluding entranceways and overhead doors) along all building faces shall be landscaped, as follows:

2.

The following modifications are allowed upon approval from the planning and growth management director or other designee:

i.

Foundation planting strips may be located away from buildings to avoid conflicts with architectural features (e.g., roof overhangs), driveways, and vehicular areas serving drive-up windows.

ii.

The depth of foundation planting strips may be modified if the overall minimum area covered by the foundation plantings proposed meets or exceeds the area encompassed by the required foundation planting area.

(d)

Increased foundation plantings for "blank facade" building faces. As referenced in the architectural/building standards section of this plan, "blank facade" building faces that are unarticulated are allowed if foundation plantings are provided as specified above with a 100% increase (doubling) in required plant material quantities (as specified above).

(e)

Increased canopy tree size. All canopy trees required under normal landscaping and buffering requirements and special Riverfront corridor plan requirements for projects within the corridor shall have a minimum height of 12 feet and minimum spread of six feet at time of planting. Palm tree clusters may be used as canopy trees as specified in the landscape ordinance. However, such palm trees shall have a minimum clear trunk height of 12 feet.

(f)

Other requirements. For parcels east of Indian River Drive, the landscape plan shall include a description of the existing and proposed shoreline and wetland vegetation.

(g)

Native plants for the Sebastian Riverfront District. Native plants can help to preserve and foster the feeling of an "Old Florida Fishing Village". These plants are well-adapted to Florida life and, properly sited, thrive with minimal irrigation, fertilization, and pest control. The Association of Florida Native Nurseries can assist with availability information. The following plants are encouraged in the Riverfront District.

(h)

Approval for changes of landscape plan required: Any change of a landscape plan in the Riverfront District, originally required to comply with these landscape requirements, shall require review and approval by the growth management department. Such changes shall include, but not be limited to, changes of plant material, height, location, colors, or hardscape materials. Routine maintenance and replacement of materials which does not affect the approved landscape plan shall be exempt from this paragraph.

(a)

Scope: These special regulations consist of additional requirements above and beyond the city's sign ordinance and shall supersede any less restrictive provisions found in the sign ordinance. All signage shall comply with the requirements of the sign ordinance except as modified by these special sign regulations. All signs within the district are intended to be consistent with and further the "Old Florida Fishing Village" theme.

(b)

Prohibited signs. The provisions stated herein are in addition to prohibitions listed in article XVI, Signage and Advertising. The following are prohibited:

(1)

Lights or illuminations that flash, move, rotate, scintillate, blink, flicker, or vary in intensity or color, except for time-temperature-date signs. Public signs permitted pursuant to article XVI, Signage and Advertising provisions, are excluded from this prohibition and are allowed.

(2)

Electronic message boards and message centers, electronic adjustable alternation displays, or any sign that automatically displays words, numerals, and or characters in a programmed manner. Traffic regulatory and directional signs permitted pursuant to article XVI, Signage and Advertising provisions, are excluded from this prohibition and are allowed.

(3)

Portable or trailer style changeable copy signs, excepting approved special event signs.

(4)

Signs with the optical illusions of movement by means of a design that presents a pattern capable of giving the illusion of motion or changing of copy.

(5)

Strings of light bulbs used on nonresidential structures for commercial purposes, other than traditional holiday decorations at the appropriate time of the year.

(6)

Signs that emit audible sound, odor, or visible matter, such as smoke or steam.

(7)

Neon lighting, fiber optics or similar systems, which exceed six square feet in area, and where the neon tube, fiber optic or similar system is visible from the outside is prohibited. Neon lighting, fiber optics and similar systems shall not be used for outlining the building including the windows.

(8)

Rough plywood used for permanent signs.

(9)

Any material used in such a manner for a permanent sign that results in a sign having a semblance to the look of a temporary sign but intended by the owner to be permanent.

(10)

Installation of an additional sign (or signs) that does not harmonize with the design or materials of the initial sign, such as:

a.

Attachment or mounting of signs where mounting hardware is left exposed.

b.

Signs with different color cabinets, frames, or structure.

(11)

Appliques or letters of vinyl and similar materials for use on any permanent monument sign. They are also prohibited for use on any permanent wall or facade signs that exceed three square feet. Window signs as allowed in this article are excluded from this prohibition. Regardless of size, appliques or vinyl letters are prohibited for use on plastic sign faces.

(12)

Changeable copy signs for office, industrial, commercial and residential uses, unless such sign is incorporated within the allowable monument sign area.

(c)

Items that are encouraged:

(1)

Attractive and durable materials such as the following are consistent with the "Old Florida Fishing Village" theme and are encouraged:

a.

Shaped and fashioned "wood look" multi-level signs are encouraged (i.e.: sand blasted or carved). Low maintenance, durable materials such as high density polyurethane, PVC, and high performance vinyl are encouraged and preferred over actual wood or medium density overlay (MDO) plywood.

b.

Internally illuminated aluminum cabinet with textured finish, and cut-out inset or push through acrylic letters.

c.

Backlit reverse pan channel letters (opaque faced) mounted on sign that is harmonious with the project's architecture.

(2)

Encourage consistency in materials and continuity of the sign design for a permanent sign.

(3)

Signage that relates to the building's style of architecture and materials is encouraged.

(d)

Modifications of sign regulations.

(1)

Maximum copy area: Reduce to 50% of what is allowed in article XVI, Signage.

(2)

Required setbacks from property lines or right-of-way: No change.

(3)

Distance separating signs: No change.

(e)

Colors:

(1)

The following colors are encouraged for signage:

a.

Use of earth-tone colors and pastels.

b.

Darker backgrounds with light color sign copy.

c.

Use of colors that match or are compatible with the project's architecture.

d.

Colors such as medium or dark bronze are acceptable and encouraged. Polished or weathered true bronze, brass, or copper metal finished are acceptable and encouraged. Precious metal colors are allowed on sand blasted or carved "wood look" style signs.

(2)

The following colors are prohibited for signage:

a.

The use of shiny or bright metallic or mill finish colors (i.e.: gold, silver, bronze, chrome, aluminum, stainless steel, etc.).

b.

The use of garish colors (including but not limited to: purple, chartreuse and/or fluorescent colors), unless such colors are part of a state or federal registered trademark.

(f)

Approval for change of sign design required: Any exterior change of signage in the Riverfront District, originally required to comply with this sign ordinance, shall require review and approval by the community development department. Such changes shall include, but not be limited to, changes of: sign area (square footage), sign copy area (square footage), sign copy (this does not apply to "changeable copy" signage), height, shape, style, location, colors, materials, or method of illumination. Routine maintenance and replacement of materials which does not affect the approved design shall be exempt from this paragraph.

(g)

Special provisions.

(1)

Multi-tenant spaces: Multi-tenant spaces such as shopping centers, out parcels, commercial complexes and parks, and office complexes and parks will be required to submit to the growth management department a sign program for review and approval. This sign program shall communicate the coordination and consistency of design, colors, materials, illumination, and locations of signage. In multi-tenant spaces where no established pattern exists as described above, the owner of the multi-tenant spaces shall be required to submit a sign program for approval prior to issuance of any new sign permits.

(2)

Wall signage:

a.

The maximum vertical dimension of a facade or wall sign shall not exceed 25% of the building height, not to exceed four feet.

b.

Awnings with lettering shall be considered a wall sign. Where lettering is used on an awning, the area of lettering shall be included in the percentage limitation of a project's sign area.

c.

Wall signs (facade signs) are prohibited on roofs.

(3)

Changeable copy signs: Changeable copy signs shall be regulated under the following guidelines.

a.

Changeable copy signs shall not comprise more than 50% of the permitted sign area and shall be included as part of the permitted sign area, except as described herein below.

b.

Motor vehicle service stations and convenience stores with gas pumps may utilize up to 100% of permitted sign area for changeable prices of gasolines only (or as regulated by federal law).

c.

Movie theaters may utilize up to 80% of permitted sign area for display of names of films, plays or other performances currently showing. Such changeable copy areas shall be included as part of the permitted sign area.

(4)

Illumination: All external flood sign illumination shall be mounted at grade, directly in front of the sign area. Light source shall be completely shielded from oncoming motorist's view.

(5)

Nonconforming signs: It is the intent of this section to allow nonconforming signs permitted before the adoption of this code to continue until they are no longer used, or become hazardous, but not to encourage their survival. Such signs are hereby declared to be incompatible with the overall intent of this section.

a.

Removal of nonconforming signs: All nonconforming signs, except as provided for herein, shall be removed.

b.

Continuance of nonconforming signs: A nonconforming sign may be continued, subject to the following provisions:

1.

A nonconforming sign shall not be enlarged or increased in any way from its lawful size at the time of the adoption of this code.

2.

Nonconforming signs or nonconforming sign structures that are defined as abandoned signs shall not be permitted for reuse.

3.

Except as otherwise provided herein, there may be a change of tenancy or ownership of a nonconforming sign, without the loss of nonconforming status, if the property is not abandoned.

c.

Repairs, maintenance, and improvements: Normal repairs, maintenance, and improvements may be made.

d.

Reconstruction: If any nonconforming sign is destroyed by fire, flood, explosion, collapse, wind, or other catastrophe, it shall not be used or reconstructed except in full conformity with the provisions of these special regulations.

e.

Casual, temporary, or illegal use: The casual, temporary, or illegal use of any sign shall not be sufficient to establish the existence of a nonconforming use or to create any rights in the continuance of such use.

Within the Riverfront Overlay District, legally established existing development and uses that do not comply with these special regulations are grandfathered-in. All nonconforming uses and structures are governed by article VIII. In addition, within the Riverfront District, the following nonconformities regulations shall apply:

(a)

Nonconforming property: It is the intent of this chapter to allow nonconforming properties to continue, but also encourage their conformity to what extent is possible considering the existing site conditions and characteristics." A "compatible property" shall be considered in compliance with the intent of the Riverfront District special regulations.

(b)

Continuance of nonconforming property: A nonconforming property may be continued, subject to the following provisions:

(1)

Use of nonconforming structures abandoned for a period of six or more consecutive months located on a nonconforming property shall not be permitted until the property is brought into compliance with the requirements of a compatible property.

(2)

Except as otherwise provided herein, there may be a change of tenancy or ownership of a nonconforming property, without the loss of nonconforming status, if use of the nonconforming structures is not abandoned for a period of six or more consecutive months.

(3)

Colors of a structure located on a nonconforming property shall not be changed from those existing at the time of the adoption of these special regulations, unless the new, to-be-painted colors comply with the Riverfront District special color regulations.

(4)

Projects on nonconforming properties requiring a building permit (excluding permits for roofs or minor repairs) shall be required to bring the property into compliance as a "compatible property."

(5)

A structure located on a nonconforming property shall not be enlarged or increased in any way from its lawful size at the time of the adoption of these special regulations. Where such changes are made, a building permit and compliance with the requirements of a "compatible property" are required for the enlargement or addition.

As a significant business and residential center and a major entranceway into the City of Sebastian, the corridor will have an attractive, well maintained, orderly and uncluttered appearance. The corridor will be characterized by impressive vegetation and landscaping; complementary buildings and signs with enhanced designs and aesthetic appearances; and a safe transportation system that accommodates mass transit, pedestrians, bicycles, and other transportation alternatives, as well as automobiles.

The boundaries of the CR 512 Overlay District shall include all the properties which abut CR 512 and that are located within the city limits of the City of Sebastian. If any additional segments of CR 512 are subsequently duly annexed into the city, land development along the said newly annexed segment shall be consistent with the city's land development code, including this article. In the CR 512 Overlay District, the following special regulations and exemptions shall apply to new development and redevelopment.

(a)

Prohibited architectural styles. The following are prohibited:

(1)

Corporate signature or commercial prototype architecture, unless such is consistent with these special corridor requirements. Examples of such prohibited architecture include flat roofed convenience stores, gas stations, and canopies for gas stations, car washes, and drive through facilities.

(2)

Any kitsch architecture (such as a building that does not resemble a typical structure), including structures or elements that resemble an exaggerated plant, fish, edible food, or other such items such as giant oranges, ice cream cones, dinosaurs.

(3)

Any architecture having a thematic reference that is so different from current design philosophy that such reference is inconsistent and/or incompatible with surrounding structures. Examples of such include: Igloos, domes or geodesic domes, quonset style structures, teepees, log cabins, western "false fronts", medieval castles, caves, and the like.

(b)

Special provisions.

(1)

Industrial and storage uses in commercial and industrial districts. Compliance shall be required only for those facades fronting on residentially designated areas or public or platted roads. However, industrial buildings shall satisfy the color requirements.

(2)

Residentially designated properties. The following materials are approved for use in residentially designated areas: fiberglass or asphalt shingle-style roofing for sloped roofs and visible roof structures, and textured plywood as a finish product. Rooftop screening devices shall not be required for attic ventilators or plumbing roof vents on residentially designated properties. However, roof ventilators, roof vents, and the like shall be located where they will be least visible from roadways.

(3)

Shopping centers and out-parcels. The materials, exterior finishes, signage and colors of shopping centers and structures developed on shopping center outparcels shall be compatible and harmonious with each other as determined by which structures are developed first. This requirement may be waived by the planning and growth management department if:

a.

The initial shopping center or outparcel was built prior to the enactment of the CR 512, special regulations; and

b.

It is determined by the planning and growth management department that enforcement of this requirement would conflict with the intent of these CR 512 special requirements.

(4)

Electrical substations and similar uses. Electrical substations and similar uses that prohibit access by the public into the site may be exempted from all architectural/building requirements by the planning and growth management director if the exempted building(s) and equipment will be visually screened from adjacent properties and roadways.

(c)

General design criteria.

(1)

Buildings with facades fronting on more than one street shall have similar design considerations (e.g. roof treatment, building articulation, entrance features, and window placement) and consistent detailing on all street frontages.

(2)

General prohibitions and restrictions:

a.

Flat, blank, unarticulated, or massive facades fronting on a roadway, exclusive access drive or residentially designated areas are prohibited. Facades fronting such roads, drives, or areas shall be designed to incorporate architectural elements providing breaks in the planes of exterior walls and/or roofs to articulate the building and to lessen the appearance of excessive mass. Facades should incorporate elements relating to human scale, and can be divided by use at proportional expression of structure, openings, arcades, canopies, fenestration, changes in materials, cornice details, molding details, changes in the heights of different sections of the building, and the like (stepping or sloping of a parapet wall in conjunction with a low sloped roof is prohibited). Flat, blank, unarticulated, or massive facades will be permitted on the sides of a building when building is constructed to the allowable zero foot side setback.

b.

The following materials or systems are prohibited as a finish and/or exposed product: corrugated or ribbed metal panels, smooth finish concrete block (standard concrete masonry units), precast concrete tee systems, plywood or textured plywood. Plywood shall be allowed for soffit material.

c.

Any canopy (such as for a gas station, car wash, or drive-through facility) that is wholly or partially within 75 feet of a thoroughfare plan road right-of-way shall meet the following requirements concerning maximum fascia height (This pertains to all fascia on the above described canopy including any canopy fascia that continues beyond the 75-foot limit.):

d.

Plastic or metal is prohibited as a finish material for walls or trim. Plastic is prohibited as a finish material for sloped roofs, visible roof structures, and fascias. Although prohibited in general, certain metal and plastic construction products may be approved by the planning and zoning commission, upon a written request and product sample submitted by the applicant. The planning and zoning commission may approve use of the material if the following criteria are satisfied:

i.

The product shall appear authentic from the closest distance that it will be viewed by the general public.

ii.

The product shall be substantial. Thin and flimsy imitations are unacceptable.

iii.

The product shall hold up as well as the product it is imitating. That is, it must be fabricated in such a way that it will retain its original shape, appearance, and color, as well as the product it is imitating.

iv.

The product's color shall resemble the color of the product it is imitating.

e.

Any exposed masonry in a stack bond is prohibited.

f.

Lighting structures or strip lighting that follows the form of the building, parts of the building, or building elements is prohibited.

g.

Neon lighting, fiber optics or similar systems, which exceed six square feet in area, and where the neon tube, fiber optic or similar system is visible from the outside is prohibited. Neon lighting, fiber optics and similar systems shall not be used for outlining the building including the windows.

h.

Backlit transparent or translucent architectural elements, backlit architectural elements, as well as illuminated or backlit awnings and roof mounted elements are prohibited. This does not prohibit the use of glass blocks. This does not prohibit the use of an illuminated sign attached to a building:

i.

Facades that appear to be primarily awnings are prohibited. An awning shall not run continuously for more than 30% of the length of any single facade. Placement of awning segments shall relate to building features (e.g. doorways and windows), where possible. Awnings shall not exceed 25% of the area of any single facade.

j.

Drive-up windows shall not be located on a building facade that faces a residential area or a roadway unless architecturally integrated into the building and screened by landscaping equivalent to the landscape material required in a local road buffer and must run the length of the drive-through lane. Speakers shall be oriented so as not to project sound toward residential areas.

k.

Accessory structures, including sheds, out-buildings, dumpster enclosures, and screening structures, shall match the style, finish, and color of the site's main building. Metal utility sheds and temporary car canopies are prohibited.

(d)

Roofs and parapets:

(1)

Sloped roofs. Gable, hip, and shed style roofs shall have a slope no less than 5:12 (rise:run). Mansard style roofs with a slope greater than 30:12 (rise:run) are prohibited. Generous eaves on sloped roofs are encouraged. Any roof with a slope less than 5:12 (rise:run) ("low sloped roof") shall not be visible from a roadway and/or residentially designated area. Low sloped roofs must be screened with a visible roof structure or parapet wall.

(2)

Visible roof structures. Visible roof structures shall be of such height, bulk, and mass, so as to appear structural, even where the design is non-structural and shall have a minimum vertical rise of six feet (not including fascia). Visible roof structures shall have a slope no less than 5:12 (rise:run). Mansard style visible roof structures with a slope greater than 10:12 (rise:run) are prohibited. Where visible roof structures are utilized in a building design, they shall be continuous around all sides of the structure, except where incorporated with a parapet wall or other architectural element (this does not allow "stuck-on" roofs). Any facade that is not visible from a roadway, exclusive access drive or residentially designated area, such as facades that are interior to a tightly spaced compound of buildings, will not require a continuous visible roof structure on that facade. Any building with less than 3,500 square feet of ground floor area shall have a visible roof structure an all facades.

(3)

The following roof styles are prohibited. "A-frame," bowstring, dome, gambrel, non-symmetrical gable or hip (different slope on each side of ridge), quonset, and polynesian. Gable or hip roof with up to a 10:12 (rise:run) maximum pitch with a "skirted" or "flared" lower portion at a 3:12 (rise:run) minimum pitch is allowed.

(4)

The ridge or plane of a roof (or visible roof structure), that runs parallel (or slightly parallel) with a roadway shall not run continuous for more than 100 feet without offsetting or jogging (vertically or horizontally) the roof ridge or plane a minimum of 16 inches. Low sloped roofs and parapet walls are excluded from this requirement.

(5)

Roofing on sloped roofs and visible roof structures shall be limited to the following systems:

a.

Cedar shingles or shakes, slate, clay tile, or cement tile.

b.

Steel, copper, and factory painted aluminum standing seam roofing.

c.

5-V crimp roof.

d.

Galvanized metal or copper shingles of Victorian or diamond shape or pattern.

e.

Three dimensional fiberglass or asphalt shingle.

Architectural standing seam roofs shall be limited to the following systems: flat metal panels with narrow raised seams running 12 to 20 inches apart, which are secured with continuous seam covers or mechanically seamed. Light and natural colors, as well as mill finish metal roofs are encouraged. Mixing colors of metal panels is prohibited. Roofs on any one site shall be of one color.

(6)

Roofing materials are prohibited for use as a finish material on parapets or any surface with a slope greater than 10:12 (rise:run) up to and including vertical surfaces. This pertains only to those surfaces visible from adjacent property, exclusive of access drives or roadways. This does not exclude the use of metal fascia six inches or less in height, use of typical metal flashing, wall cap, drip edge, and the like, use of roofing materials as a screening device (as long as it does not function as a building's parapet), and use of cedar shingles or shakes as a wall material used below the roof line.

(7)

Plastic or metal roof panels or systems, corrugated or ribbed roof panels, hot mopped systems, built-up, gravel, torched on foam or fluid applied, roll or membrane roofing, and the like are prohibited on any roof which is visible from any roadway and/or residentially designated area. This does not exclude the use of architectural standing seam metal roofing or galvanized 5-V crimp metal roofing. Use of metal or plastic tooling materials may be approved as specified under the section as finish materials for walls, fascia, and trim.

(8)

Partial parapet walls are prohibited. If a parapet wall is used on a building, then a parapet wall of the same style and material is to be continuous around all sides of the structure, except where incorporated with a visible roof structure or other architectural element. Introduction of any visible roof structure shall not appear "fake." Any facade that is not visible from a roadway and/or residentially designated area shall not require a continuous parapet wall on that facade. Stepping or sloping of a parapet wall in conjunction with a low sloped roof is prohibited.

(e)

Site elements:

(1)

All telephones, vending machines, or any facility dispensing merchandise or a service on private property shall be confined to a space built into the building or buildings, or enclosed in a separate structure compatible with the main building's architecture. These areas are to be designed with the safety of the user in mind. Public phones and ATMs should have 24-hour access.

(2)

No advertising will be allowed on any exposed amenity or facility such as benches or trash containers.

(3)

When feasible, existing specimen trees should be preserved in place or relocated on site. Use of tree wells, as well as adaptation and variations of siting in order to conserve native vegetation, is encouraged.

(4)

The use of thematic and decorative site lighting is encouraged. Low lights of a modest scale can be used along with feature lighting that emphasizes plants, trees, entrances, and exits. Light bollards are encouraged along pedestrian paths. The color of the light sources (lamp) should be consistent throughout the project. Color of site lighting luminaries, poles, and the like shall be limited to dark bronze, black, or dark green (decorative fixtures attached to buildings are exempt from the fixture color requirement).

Lighting is not to be used as a form of advertising or in a manner that draws considerably more attention to the building or grounds at night than in the day. Site lighting shall be designed to direct light into the property. Lighting shall avoid any annoyance to the neighbors from brightness or glare.

Roadway style luminaries (fixtures) such as cobra heads, Nema heads, and the like are prohibited. Wall pads and flood light luminaries are prohibited where the light source would be visible from a roadway, parking area and/or residentially designated area. High intensity discharge (e.g. high pressure sodium, metal halide, mercury vapor, tungsten halogen) lighting fixtures mounted on buildings and poles higher than 18 feet above the parking lot grade, and under canopies, shall be directed perpendicular to the ground. Other than decorative and low level/low height lighting, no light source or lens shall project above or below a fixture, box, shield, or canopy.

(f)

Screening devices.

(1)

"Visually offensive elements", whether freestanding, mounted on roofs, or anywhere on a structure, shall be concealed from view on all sides. "Visually offensive elements" consist of: Walk-in coolers/freezers, transformers, electrical equipment (including panels and meters), water or waste piping and valves, pumps, fans, exhaust vents, compressors, generators, tanks, and similar equipment. Individual screens, building elements, or appropriate landscaping, are to be used to completely screen the offensive elements. Parapet walls, visible roof structures, individual screens, or building elements, are to be used to completely screen roof mounted, visually offensive elements. They are to be screened from view from any point around the entire building perimeter. Screening devices shall relate to the building's style of architecture and materials. All screening devices shall be designed so that no part of the offensive element extends beyond the top of the screen, measured horizontally. Rooftop screening devices will not be required for plumbing roof vents which are less than four inches in diameter and less than 12 inches above roof penetration. These roof vents should be located where they will be least visible from roadways. Where chain link or similar fencing is allowed to be used (e.g., around storm water ponds), such fencing shall be green or black and shall be located and landscaped so as to visually screen the fencing from public view.

(2)

"Nuisance elements" shall be visually screened from adjacent roadways and/or residentially designated areas with solid walls in addition to any required landscaping. Loading dock buffering shall meet standards of the landscape ordinance (article XIV). All other walls shall be a minimum of six feet in height. All dumpster and trash container areas shall be completely screened on all sides. Acoustical material shall be used on the inside face of walls around HVAC equipment.

(3)

Individual screens and walls shall relate to the building's style of architecture and materials. A durable material such as reinforced concrete masonry units is recommended with an architecturally compatible finish. Wood fences are encouraged.

(4)

Chain link fencing, with or without slats, is prohibited as a screening device for screening visually offensive elements and nuisance elements.

(a)

The following building graphics are prohibited. Polka dots, circles, vertical stripes, diagonal stripes or lines, plaids, animals, and symbols such as lightning bolts. However, legally registered trademarks which directly relate to the building occupant (not trademarks of products or services sold or displayed) are allowed, subject to applicable sign and color regulations.

(b)

Color standards. All buildings and accessory structures within the CR-512 Overlay District shall be limited to the colors listed in the Overlay Districts master color list.

(1)

Base building colors. Base building colors relate to wall and parapet wall areas and shall be limited to colors consisting of white and light neutral colors in the warm range.

(2)

Secondary building colors. Secondary building colors relate to larger trim areas and shall not exceed 30% of the area of any one building facade elevation. These colors consist of a mid-range intensity of the base building colors and complementary colors, and include all base building colors.

(3)

Trim colors. Trim colors are used for accent of smaller trim areas, are the brightest group of colors allowed, and include all base building and secondary building colors. Use of metallic colors (i.e.: gold, silver, bronze, chrome, and other extraordinarily bright colors) and use of garish colors, such as fluorescent colors (e.g. hot pink, shocking yellow), is prohibited. Trim colors shall not exceed ten percent of the surface area of any one building facade elevation.

(4)

Roof colors (requirements for roofs that are visible from a roadway and/or residentially designated area). These colors consist of natural mill finish, white, light neutral colors in the warm range, blue, and a limited number of earth-tone colors. Mixing or alternating colors of metal panels is prohibited. For non-metal roofs, other than natural variations in color or color blends within a tile, the mixing or alternating of roof color in the same roof material is prohibited. Colors and color blends shall not be contrary to the intent of this code. Color for roofing which is glared, slurry coated, or artificially colored on the surface by any other means shall be limited to the same colors as approved for metal roofs.

(5)

Natural finish materials. The color regiments listed above shall not apply to the colors of true natural finish materials such as brick, stone, terra cotta, concrete roof tiles, slate, integrally colored concrete masonry units, copper, and wood. Color commonly found in natural materials are acceptable, unless such material has been artificially colored in a manner which would be contrary to the intent of these requirements. Black, gray, blue, or extremely dark colors for brick. concrete masonry units, roofing, wood or stone is prohibited. This provision shall not prohibit the use of colors for natural finish roofing materials that match those colors approved for metal roofs.

(6)

Awning colors. Awning colors may include base building colors and/or secondary building colors and/or trim colors. However, secondary building colors and trim color area used for awnings shall be included in the percentage limitation on the secondary building color and trim color surface area of a facade.

(7)

Overlay District master color list. The Overlay Districts master color list and approved color board shall be maintained and made available by the planning and growth management staff. The list can be mailed or faxed upon request.

The city landscaping requirements of article XIV apply except as noted herein.

(a)

Increased canopy tree size. All canopy trees required under normal landscaping and buffering requirements and special CR 512 corridor plan requirements for projects within the corridor shall have a minimum height of 12 feet and minimum spread of six feet at time of planting. Palm tree clusters may be used as canopy trees as specified in the landscape ordinance. However, such palm trees shall have a minimum clear trunk of 12 feet.

(b)

CR 512 and thoroughfare plan road buffer. Within the corridor plan area, the following landscape buffer shall be provided along the entire length of a site's CR 512 frontage, except for approved driveways:

¹ NOTE: The hedge and berm combination shall provide a visual screen four feet high above the grade of the project site parking area. Hedge material shall provide full screening to the ground; therefore, a mix of myrtles and shrubs with similar leafing characteristics shall not be used for hedge material unless a double row arrangement is used. At the time of a certificate of occupancy (CO) for the project site, the combination of berming and hedging shall provide a four-foot visual screen, subject to city sight distance requirements. Undulations in the berm and corresponding hedge height are encouraged.

Hedge shrubs shall be planted no further apart than 24 inches on center along the length of the buffer strip, to form a hedge that appears continuous as viewed from the roadway being buffered.

Berms shall have a slope no steeper than three horizontal to one vertical, and shall be continuous along the length of the buffer strip, except where berm modifications may be necessary for tree preservation as determined by the planning and growth management director or his designee.

Clustering of trees along the buffer strip is encouraged, and uniform spacing of trees is discouraged, except where used to emphasize a particular planting theme or development style. Hedge plantings may be asymmetrical, and a buffer wall not to exceed four feet in height except as specified below, is allowed within the middle one-third of the buffer strip's width (measured perpendicular to the road being buffered) if landscaping material is planted on each side of the wall.

(c)

Special buffer for multifamily projects. Multifamily projects shall provide the CR512 and thoroughfare plan road buffer as described above, with the additional requirement that the buffer shall include a six-foot opaque screen consistent with specifications in article XIV. Where a wall or fence is used, such wall or fence shall be located with the middle one-third of the buffer strip's width (measured perpendicular to the road being buffed), and landscaping material shall be planted on each side of the wall or fence.

(d)

Landscape islands. Landscape islands shall be backfilled at least to the top of curb or protective barrier, and may be bermed to a maximum height of 24 inches above the adjacent parking lot grade.

(a)

Scope. These special regulations are in addition to the city's sign ordinance and shall supersede any less restrictive provisions found in the sign ordinance. All signage shall comply with the requirements of the sign ordinance except as modified by these special sign regulations.

(b)

Approval or change of sign design required. Any exterior change to CR 512 Overlay District signage shall require review and approval by the planning and growth management department. Such changes shall include, but not be limited to, changes of sign area (square footage), sign copy area (square footage), sign copy (this does not apply to "changeable copy" signage), height, shape, style, location, colors, materials, or method of illumination. Routine maintenance and replacement of materials which does not affect the approved design shall be exempt from this review and approval. Changes to signs not originally required to comply with these special sign regulations are addressed in the "nonconforming signs" section of these regulations.

(c)

Prohibited signs. The provisions stated herein are in addition to prohibitions listed in article XVI, Signage and Advertising. The following are prohibited:

(1)

Lights or illuminations that flash, move, rotate, scintillate, blink, flicker, or vary in intensity or color, except for time-temperature-date signs. Public signs permitted pursuant to article XVI, Signage and Advertising provisions, are excluded from this prohibition and are allowed.

(2)

Electronic message boards and message centers, electronic adjustable alternation displays, or any sign that automatically displays words, numerals, and/or characters in a programmed manner. Traffic regulatory and directional signs permitted pursuant to article XVI, Signage and Advertising provisions, are excluded from this prohibition and are allowed.

(3)

Portable or trailer style changeable copy signs, excepting approved special event signs.

(4)

Signs with the optical illusions of movement by means of a design that presents a pattern capable of giving the illusion of motion or changing of copy.

(5)

Strings of light bulbs used on nonresidential structures for commercial purposes, other than traditional holiday decorations at the appropriate time of the year.

(6)

Signs that emit audible sound, odor, or visible matter, such as smoke or steam.

(7)

Neon lighting, fiber optics or similar systems, which exceed six square feet in area, and where the neon tube, fiber optic or similar system is visible from the outside is prohibited. Neon lighting, fiber optics and similar systems shall not be used for outlining the building including the windows.

(8)

Rough plywood used for permanent signs.

(9)

Any material used in such a manner for a permanent sign that results in a sign having a semblance to the look of a temporary sign but intended by the owner to be permanent.

(10)

Installation of an additional sign (or signs) that does not harmonize with the design or materials of the initial sign, such as:

a.

Attachment or mounting of signs where mounting hardware is left exposed.

b.

Signs with different color cabinets, frames, or structure.

(11)

Appliques or letters of vinyl and similar materials for use on any permanent monument sign. They are also prohibited for use on any permanent wall or facade signs that exceed three square feet. Window signs as allowed in this article are excluded from this prohibition. Regardless of size, appliques or vinyl letters are prohibited for use on plastic sign faces.

(12)

Changeable copy signs for office, industrial, commercial and residential uses, unless such sign is incorporated within the allowable monument sign area.

(d)

Signs that are encouraged:

(1)

Shaped and fashioned "wood look" multi-level signs (i.e.: sand blasted or carved), and signs having durable sign cabinet material such as high-density polyurethane arid PVC.

(2)

Internally illuminated aluminum cabinet with textured finish, and cutout inset or push through acrylic letters.

(3)

Backlit reverse pan channel letters (opaque faced) mounted on sign that is harmonious with the project's architecture.

(4)

Signage that relates to the building's style of architecture and materials.

(5)

Thematic signage.

(e)

Colors.

(1)

The following colors are encouraged for signage:

a.

Use of earth-tone colors and pastels.

b.

Darker backgrounds with light color sign copy.

c.

Use of colors that match or are compatible with the project's architecture.

d.

Polished or weathered true bronze, brass, or copper metal finishes are acceptable and encouraged.

(2)

The following colors are prohibited for signage:

a.

The use of bright metallic or mill finish colors (i.e., gold, silver, bronze, chrome, aluminum, stainless steel, or other extraordinarily bright colors). Colors such as medium or dark bronze are acceptable and encouraged. Precious metal colors are allowed on sand blasted or carved "wood look" style signs.

b.

The use of garish colors, such as fluorescent colors, is prohibited.

(f)

Multi-tenant spaces. Applicants of proposed multi-tenant projects, such as shopping centers, out parcels, industrial complexes and parks, and office complexes and parks, shall submit a sign program for review and approval. This sign program shall communicate the coordination and consistency of design, colors, materials, illumination, and locations of signage. In a multi-tenant project where no established pattern exists as described above, the owner of the multi-tenant project shall be required to submit a sign program for approval prior to issuance of any new sign permits for a tenant space.

(g)

Design criteria and additional restrictions.

(1)

Freestanding changeable copy signs. Where allowed, a freestanding changeable copy sign shall not comprise more than 80% of the total area of the actual sign.

(2)

Wall/facade signage.

a.

The maximum vertical dimension of a facade or wall sign shall not exceed 25% of the building height.

b.

Awnings with lettering shall be considered wall signs. Where lettering is used on an awning, the area of lettering shall be included in the percentage limitation of a project's sign area.

c.

Lettering, logos, and trim colors on canopy fascia shall be considered a wall sign and shall be limited to 33% of the fascia area of any one elevation. Internally illuminated signs shall not be placed on a canopy structure, and no sign shall be placed above the fascia on a canopy structure.

(3)

Changeable copy wall signs for theaters. Theaters may utilize up to 80% of actual sign area for display of names of films, plays or other performances currently showing.

(4)

Illumination. All external flood sign illumination shall be mounted at grade, directly in front of the sign area. Light source shall be completely shielded from oncoming motorist's view.

(h)

Nonconforming signs: It is the intent of this section to allow nonconforming signs permitted before the adoption of this code to continue until they are no longer used, or become hazardous, but not to encourage their survival. Such signs are hereby declared to be incompatible with the overall intent of this section.

(1)

Removal of nonconforming signs: All nonconforming signs, except as provided for herein, shall be removed.

(2)

Continuance of nonconforming signs: A nonconforming sign may be continued, subject to the following provisions:

a.

A nonconforming sign shall not be enlarged or increased in any way from its lawful size at the time of the adoption of this code.

b.

Nonconforming signs or nonconforming sign structures that are defined as abandoned signs shall not be permitted for reuse.

c.

Except as otherwise provided herein, there may be a change of tenancy or ownership of a nonconforming sign, without the loss of nonconforming status, if the property is not abandoned.

(3)

Repairs, maintenance, and improvements: Normal repairs, maintenance, and improvements may be made.

(4)

Reconstruction: If any nonconforming sign is destroyed by fire, flood, explosion, collapse, wind, or other catastrophe, it shall not be used or reconstructed except in full conformity with the provisions of these special regulations.

(5)

Casual, temporary, or illegal use: the casual, temporary, or illegal use of any sign shall not be sufficient to establish the existence of a nonconforming use or to create any rights in the continuance of such use.

Within the CR 512 District area, legally established existing development and uses that do not comply with these special regulations are grandfathered in. All nonconforming uses and structures are governed by article VIII. In addition, within the CR 512 District area the following nonconformity regulations shall apply:

(a)

Nonconforming property: It is the intent of this chapter to allow nonconforming properties to continue, but also encourage their conformity to what extent is possible considering the existing site conditions and characteristics. A "compatible property" shall be considered in compliance with the intent of the CR 512 District special regulations.

(b)

Continuance of nonconforming property: A nonconforming property may be continued, subject to the following provisions:

(1)

Use of nonconforming structures abandoned for a period of six or more consecutive months located on a nonconforming property shall not be permitted until the property is brought into compliance with the requirements of a compatible property.

(2)

Except as otherwise provided herein, there may be a change of tenancy or ownership of a nonconforming property, without the loss of nonconforming status, if use of the nonconforming structures is not abandoned for a period of six or more consecutive months.

(3)

Colors of a structure located on a nonconforming property shall not be changed from those existing at the time of the adoption of these special regulations, unless the new, to-be-painted colors comply with the CR 512 special color regulations.

(4)

Projects on nonconforming properties requiring a building permit (excluding permits for roofs or minor repairs) shall be required to bring the property into compliance as a "compatible property."

(5)

A structure located on a nonconforming property shall not be enlarged or increased in any way from its lawful size at the time of the adoption of these special regulations. Where such changes are made, a building permit and compliance with the requirements of a "compatible property" are required for the enlargement or addition.

The Sebastian Boulevard Triangle is envisioned as a mixed-use district that will extend the town center outward from its traditional riverfront district into the more recently developed business district along Sebastian Boulevard/County Road 512. As a gateway into the City of Sebastian Riverfront District, the triangle area will have an attractive, well maintained, orderly and uncluttered appearance which will be characterized by impressive vegetation and landscaping; complementary buildings and signs with enhanced designs and aesthetic appearances; and a safe transportation system that accommodates mass transit, pedestrians, bicycles, and other transportation alternatives, as well as automobiles.

(Ord. O-05-13, § 1, 6-22-2005)

The boundaries of the Sebastian Boulevard Triangle Overlay District shall include all the properties included in the Sebastian Community Redevelopment District lying north of the eastbound roadway of the divided right-of-way of the twin pairs of Sebastian Boulevard, and west of the CSX Railway right-of-way.

(Ord. O-05-13, § 1, 6-22-2005)

The performance and nonconformity standards set forth for the Riverfront Overlay District in sections 54-4-21.A.3 through 54-4-21.A.9 shall apply to properties within the Sebastian Boulevard Triangle Overlay District.

(Ord. O-05-13, § 1, 6-22-2005)

Notwithstanding the provisions of section 54-4-21.1, the permitted and conditional uses within the various zoning districts of this Code shall be modified for the Sebastian Boulevard Triangle Overlay District to list as follows:

CG Zone

Permitted uses:

Cultural or civic facilities.

Churches.

Clubs and lodges, public and private.

Business and professional offices, excluding drive-through facilities.

Medical services.

Commercial retail ≤ 20,000 sq. ft.

Plant nurseries.

Restaurants, excluding drive-through facilities.

Trade and skilled services.

Hotels and motels.

Administrative services, public and private.

Accessory uses to permitted uses.

Home occupations.

All uses permitted within the RM-8 Zoning District.

Conditional uses:

Bars and lounges.

Commercial retail > 20,000 sq. ft.

Business and professional offices with drive-through facilities.

Farmer's markets.

Funeral homes.

Nursing homes.

Child care services.

Utilities, public and private.

Parks and recreation, public.

Protective and emergency services, public.

Restaurants with drive-through facilities.

Veterinary services.

Wholesale trades and services.

Commercial amusements, enclosed.

Accessory uses to conditional uses.

Vehicular sales indoors.

Gasoline sales as part of retail operation.

Parking garages.

Outdoor storage facilities.

PS Zone

{No changes}.

IN Zone

Permitted uses:

Business and professional offices, with or without drive-through facilities.

Commercial retail ≤ 5,000 sq. ft.

Commercial amusements, enclosed.

Plant nurseries.

Restaurants with or without drive-through facilities.

Trades and skilled services.

Wholesale trades and services.

Veterinary services.

Clubs and lodges, public and private.

Administrative services, public and private.

Accessory watchman facilities.

Medical services.

Accessory uses to permitted uses.

Conditional uses:

Commercial retail with > 5,000 sq. ft.

Hotels and motels.

Protective and emergency services, public.

Parks and recreation, public.

Parking garages.

Utilities, public and private.

Commercial amusements, unenclosed.

Flea markets.

Electronics, research and development, and similar uses ≤ 5,000 sq. ft.

Vehicular sales enclosed.

All uses permitted within the RM-8 Zoning District.

Accessory uses to conditional uses.

Outdoor storage facilities.

(Ord. O-05-13, § 1, 6-22-2005; Ord. No. O-24-17, § 2, 9-25-2024)