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5/4/1998
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5/4/1998
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Meetings
Meeting Type
Special Call Meeting
Document Type
Minutes
Meeting Date
05/04/1998
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for short term stays. Although some potential bed and breakfast dwellings may be located <br />in single family zoning districts, current county LDRs do not allow bed and breakfasts in any <br />single family district under any circumstances. <br />Joyce and Paul Redstone have now applied to amend the LDRs to allow bed and breakfasts <br />as a special exception use in the RS -6 (Residential Single Family up to 6 units/acre) and RT - <br />6 (Residential Two Family up to 6 units/acre) zoning districts subject to special criteria. <br />They are interested in seeking approval for a bed and breakfast in the existing house located <br />at the northeast corner of 43rd Avenue and 8h Street, located in the RS -6 district. Thus, if this <br />LDR amendment is adopted, it is likely that the Redstones would apply for special exception <br />use approval at the referenced site. <br />In response to the LDR amendment application, planning staff reviewed planning <br />publications and many bed and breakfast LDRs from across the nation. -Staffs research <br />conclusion is that many, if not most, local governments allow small scale bed and breakfasts <br />in single family districts as a conditional use (see attachment #3). <br />Based on its research, staff is proposing additional criteria (found in other ordinances and <br />suggested in publications) for bed and breakfast uses located outside of single family areas <br />as well as criteria for those that would be allowed within single family areas if the LDR <br />amendment is adopted. Staffs conclusion is that, when properly regulated, allowing bed and <br />breakfasts in single family areas along arterial roadways can help maintain residential <br />character along such busy roadways. Such an amendment could also provide a way of <br />preserving and using "landmark" estate houses in a manner compatible with adjacent single <br />family residences. Also, in staffs opinion, such an allowance could forestall requests for <br />multi -family or non-residential uses on single family "estate parcels" located on arterials. <br />Within the text of the bed and breakfast proposed special criteria, staff has noted the reasons <br />for each of the new bed and breakfast development criteria proposed. <br />Staff Recommendation: Allow bed and breakfast uses in single family zoning districts <br />as a special exception use, subject to strict criteria. <br />PSAC Recommendation: Voted 7-0 for the same recommendation as staff. <br />PZC Recommendation: Voted 7-0 for the same recommendation as star <br />-3. Sign Regulations <br />Deputy County Attorney Will Collins has indicated that, based on a Missouri court case <br />decision, Indian River County's sign ordinance needs to be amended relating to political sign <br />restrictions (see attachment #6). Generally, county regulation of political signs must not be <br />more restrictive than regulation of other types of signs (e.g., commercial signs). In fact, <br />deference should be given to political signs, as they have a higher level of protection under <br />the Constitution. Thus, political signs cannot be prohibited where commercial and other <br />types of signs are allowed. <br />Attached are proposed revisions to the county sign ordinance (LDR Chapter 956) to address <br />this issue. As proposed, political campaign signs and special event signs are grouped under <br />the heading of "temporary signs requiring permits," and the restrictions have been changed <br />to apply more evenly to the overall "temporary sign" category. It is important to note that, <br />as proposed, special event signs (e.g. art show, fairground events) will no longer be allowed <br />in public rights-of-way (which is currently a restriction on political signs under the existing <br />sign ordinance). Such a change is legally necessary to ensure that political signs can continue <br />to be prohibited from being placed in public rights-of-way. <br />May 4, 1998 <br />9 <br />FAG,- <br />for <br />ACc <br />
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