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(1) Notwithstanding other provisions in this Agreement, Mobile Homes with or without essentially flat roofs may be located on any parcel of the Real Property for not more than 780 consecutive days in any four non -calendar year period solely for purposes of use as a building construction office facility. Otherwise, Mobile Homes and Manufactured Housing shall not be Developed on the Real Property. (2) In the event that the foregoing sub -section (e)(1) is deemed unenforceable or otherwise stricken by a court of competent jurisdiction or other governmental authority, Mobile Homes and Manufactured Housing may only be permitted by such that Mobile Home or Manufactured Housing roofs that are visible from any public or private Right -of -Way shall be of hip, gambrel, mansard, or gable styles. Roof height, bulk, and mass must appear structural even when the design is nonstructural. The following requirements shall apply: (1) All Single -Family Dwelling Units and Duplex buildings shall have a pitched roof covering a minimum of 65 percent of the overall floor area under the roof; (2) Pitched roofs shall have a minimum slope of 5:12 (five inches vertical rise for every 12 inches horizontal run) and shall have an overhang beyond the building wall; however, the overhang shall not encroach into an easement; (3) Flat roofed areas including, but not limited to, porches or screen rooms are permissible in the remaining 35 percent of floor area under roof; and (4) Fiat roofs shall be located at the rear of the building out of view from the public right-of-way. (3) In the event of a hurricane or other major weather disaster in which the City determines that single-family or multi -family Residential housing on the Real Property or in the City is destroyed or substantially not habitable, the City may unilateral authorize the temporary placement of Mobile Home or Manufactured Housing on the Real Property for a period not to exceed 1,095 consecutive days. Thereafter, the Mobile Home or Manufactured Housing on the Real Property must be immediately and promptly removed at other than City expense. Section 3.2. Commercial Development. (a) Uses. A variety of non -Residential Land Use designations shall be maintained to assure availability of sites that accommodate the varied site and spatial requirements for such activities as: professional and business Offices, Commercial activities, employment generating businesses and general retail sales and services. In doing so, the City shall promote the image and function of the urban core which is the City's center for commerce as well as civic and cultural enrichment. Office Development may serve as a transitional use separating more intensive Commercial uses from Residential Development in order to create a tiered Development strategy. Office Development and limited Commercial activities (neighborhood serving) may also be suitable and locate along the outer fringe of the urban core where such Development may encourage reinvestment in declining Residential areas surrounding the urban core. Residential Development as permitted by Section 166.04151(6), Florida Statutes, as amended or superseded from time to time shall also be permitted. (b) Height: Intensitv. The Owner/Developer agrees that a maximum height for all structures shall be thirty-five (35) feet, as calculated pursuant to the Land Development Codes in effect at the time of the issuance of a Final Development Order; subject always to the provisions of the Land Development Codes in effect at the time of the issuance of a Final Development Order. The Commercial Land Use category consists of Neighborhood, Limited and General uses in progressive degrees of higher intensity: (1) Neighborhood level Commercial activities are defined in the City's Land Development Codes from time to time as including retail and office activities that service Residential neighborhoods. Sebastian/Annexation 15.Agt Final Draft Clean 01/19/2023 12 18 of295