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HomeMy WebLinkAbout1987-29ORDINANCE NO. 87- Z9 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA AMENDING CHAPTER 15 OF THE CODE OF LAWS AND ORDINANCES OF INDIAN RIVER COUNTY, LICENSING AND LICENSE TAXES; MODIFYING THE DEFINITION OF TEMPORARY PAVILION AND OF TRANSIENT MERCHANT; REQUIRING TEMPORARY USE PERMITS FOR TRANSIENT MERCHANTS; APPLYING NEW REGULATIONS TO CONTINUING TRANSIENT MERCHANT OPERA- TIONS; AMENDING SECTION 25 OF APPENDIX A OF THE CODE OF LAWS AND ORDINANCES OF INDIAN RIVER COUNTY, GENERAL PROVISIONS; PROVIDING FOR INCLUSION OF TRANSIENT MERCHANTS IN TEMPORARY USE PERMIT CATAGORIES; ESTABLISHING APPLICATION, SITE, AND OPERATION STANDARDS FOR TRANSIENT MERCHANTS; AND PROVIDING FOR CODIFICATION, SEVERABILITY, AND EFFECTIVE DATE. Section 1 Section 15-101 of Chapter 15, Indian River County Code of Laws and Ordinances is hereby amended as follows. For the purpose of this article the following terms shall be given the meanings set forth below. Temporary pavilion is any devise, operational vehicle, 4tt4Ot4tO, apparatus, tent, grouping of tables, or any other display technique or apparatus that is mobile or portable, and that is not a �Ot64 i At structure, as defined in the zoning code. Transient merchant is any person or business entity that engages in the sale of any personal Otlt 44 property, unless such sales are excluded from transient merchant status by other zoning code regulations, including but not limited to food products, agricultural products, and merchandise, from )0440404104 temporary pavilions OA/16t along public or private streets with the following exceptions: (1) Any person selling agricultural products from agriculturally zoned property upon which he or she grew the produce provided the products are not offered for sale in the road right-of-way4; and (2) Any person who sells his or her own property which was not acquired for resale, barter or exchange and does not conduct such sales or acts as a participant by furnishing property for sale in such a manner more than three (3) times during any calendar year (i.e., garage sales, rummage sales, white elephant sales, etc.) when property is not offered for sale in the road right-of-way. Section 2 Section 15-102 of Chapter 15, Indian River County Code of Laws and Ordinances is hereby amended as follows. Section 15-102. License and temporary use permit required; licensing process. (A) License prerequisite to sale. It shall be unlawful for any person or business entity to engage in the business of a CODING: Words in 4tt7i¢9/W040 type are deletions from existing law, words underlined are additions ORDINANCE NO. 87- 29 transient merchant in Indian River County without having first obtained a transient merchant business license from the tax collector of Indian River County, Florida. Ajby (1) Application for license. Applications for a license to conduct business as a transient merchant shall be submitted to the tax collector and shall contain the following information, certification, and permit: XXY (a) Name, permanent address and telephone number of applicant/owner. A 4 (b) Florida sales tax number of applicant/owner. X$i (c) The exact location where the merchandise will be displayed and sold. X$y (d) A letter from the owner of the property from which the merchandise will be displayed and sold granting permission to the transient merchant to conduct business at said location. X txo/414 IAV44014AU ,($Y (e) Certification from the zoning department of Indian River County 40404t440 that the area proposed for the display and sale carries a commercials 14044f tt441 or agricultural zoning classification. No occupational license will be issued by the tax collector without this certification and temporary use permit (f) A temporary use permit issued by the zoning department of Indian River County as required by the zoning code. No occupational license shall be issued without a temporary use permit. (B) Requirements applied to existing transient merchant uses. No transient merchant uses in existence prior to the adoption of these regulations shall be exempted from these regulations nor shall such uses be considered "grandfathered -in" under previous regulations. Transient merchants permitted under previous regulations shall comply with these regulations at such time that a previously issued occupational license or temporary use permit expires. grmr-1- i nn i Section 25(c)(3) of Appendix A, the Zoning Code, Indian River County Code of Laws and Ordinances is hereby amended as follows. a. Agricultural districts. (i) Christmas tree sales. (ii) Model homes. (iii) Temporary construction offices. (iv) Temporary meeting, recreation or amusement facilities. (v) Temporary real estate offices. (vi) Temporary sale of fruit and vegetables. (vii) Similar temporary uses. (viii) Transient Merchants CODING: Words in ¢jE�i¢/Md�iM type are deletions from existing law, words underlined are additions -2- ORDINANCE NO. 87-29 (i) Model homes. (ii) Temporary construction offices. Temporary real estate offices. (iv) Similar temporary uses. c. Commercial b. Residential districts. (i) Model homes. (ii) Temporary construction offices. Temporary real estate offices. (iv) Similar temporary uses. (i) Christmas tree sales. (ii) Temporary construction offices. (iii) Temporary meeting, recreation or amusement facilities. (iv) Temporary real estate offices. (v) Similar temporary uses. (vi) Transient Merchants d. Industrial districts. (i) Temporary construction offices. (ii) Temporary meeting, recreation or amusement facilities. (iii) Temporary real estate offices. (iv) Similar temporary uses. Section 4 Establish section 25(c)(6)d of Appendix A, the Zoning Code, Indian River County Code of Laws and Ordinances as follows d. Transient Merchant Operations (1) Transient merchant operations shall meet the following criteria: (a) Temporary pavilions utilized. No structures, as defined in the zoning code, may be utilized; only temporary pavilions as defined in the code of laws and ordinances may be utilized for transient merchant operations. All facilities used shall be self-contained and mobile or portable. No mobile homes or trailers that exceed two hundred (200) square feet in area may be utilized by "Class A" merchants as defined herein. Trailers may be used by "Class B" merchants as defined herein. (b) Utilities use restricted. No utilities connections (such as electrical, telephone, plumbing, or septic tanks) shall be permitted with the following exception: "Class B" transient merchants as defined herein may obtain temporary electrical power for sales operations. (c) Sign regulations. Any and all signs to be utilized on site must conform to county sign regulations and shall be deemed to be temporary and not a structure, andmust be removed upon expiration of the temporary use permit or upon vacation of the site. A sign permit, if re- quired, must be obtained prior to issuance of a transient merchant temporary use permit. (d) Access alternatives. Access drives shall be limited to the lowest classification road available to the site, (e) Driveways restricted. All driveways utilized shall be either existing improved and permitted driveways or new driveways meeting the criteria specified herein. New driveways (road cuts) may be permitted by the County traffic engineer: CODING: Words in1�1�¢l�/M�t�} type are deletions from existing law, words underlined are additions -3- c. Commercial districts. (i) Christmas tree sales. (ii) Temporary construction offices. (iii) Temporary meeting, recreation or amusement facilities. (iv) Temporary real estate offices. (v) Similar temporary uses. (vi) Transient Merchants d. Industrial districts. (i) Temporary construction offices. (ii) Temporary meeting, recreation or amusement facilities. (iii) Temporary real estate offices. (iv) Similar temporary uses. Section 4 Establish section 25(c)(6)d of Appendix A, the Zoning Code, Indian River County Code of Laws and Ordinances as follows d. Transient Merchant Operations (1) Transient merchant operations shall meet the following criteria: (a) Temporary pavilions utilized. No structures, as defined in the zoning code, may be utilized; only temporary pavilions as defined in the code of laws and ordinances may be utilized for transient merchant operations. All facilities used shall be self-contained and mobile or portable. No mobile homes or trailers that exceed two hundred (200) square feet in area may be utilized by "Class A" merchants as defined herein. Trailers may be used by "Class B" merchants as defined herein. (b) Utilities use restricted. No utilities connections (such as electrical, telephone, plumbing, or septic tanks) shall be permitted with the following exception: "Class B" transient merchants as defined herein may obtain temporary electrical power for sales operations. (c) Sign regulations. Any and all signs to be utilized on site must conform to county sign regulations and shall be deemed to be temporary and not a structure, andmust be removed upon expiration of the temporary use permit or upon vacation of the site. A sign permit, if re- quired, must be obtained prior to issuance of a transient merchant temporary use permit. (d) Access alternatives. Access drives shall be limited to the lowest classification road available to the site, (e) Driveways restricted. All driveways utilized shall be either existing improved and permitted driveways or new driveways meeting the criteria specified herein. New driveways (road cuts) may be permitted by the County traffic engineer: CODING: Words in1�1�¢l�/M�t�} type are deletions from existing law, words underlined are additions -3- ORDINANCE 140. 87-29 10 if traffic maneuverability and safety can be adequately handled by the new driveway location and design; and if 2. a State department of transportation driveway permit or county right-of-way permit, whichever is applicable, is issued for the new driveway. (f) Parking requirements. A minimum of four (4) temporary standard -sized parking spaces for "Class A" merchants, five (5) standard -sized parking. spaces "Class B" merchants, shall be provided on site with all parking spaces and driveways clearly designated on site prior to sales operation. Temporary parallel spaces off of one-way drives may be provided if the county's size and dimension specifications for such driveways and spaces are satisfied. (g) Separation Distance. No "Class A" transient merchant operation, as defined herein, shall be located within one thousand five hundred (1,500) lineal feet of another permitted "Class A" transient merchant operation. (h) Application requirements. Any application shall include a sketch showing: 1s site dimensions; 2s all required setback lines, 39 location and dimensions of all temporary pavilions, driveways, entrances and exits, parking spaces, 4* adjacent roads and road rights-of-way, and easements; 5e location and dimensions of all signs to be used. `(i) Site cleaning and cash bond required. Within 30 da s of temporary use permit expiration, all items related to the transient merchant operation shall be removed from the site. Prior to the issuance of any permit, a cash bond in the amount of $200.00 shall be submitted to the county. The county may use the entire amount of sub- mitted funds to pay for disposing of all transient merchant related items remaininq on a site 30 days after permit expiration. site, an applican submitted funds. Permit applicants will receive the submitted cash bond amount if: 1, the county has not used the funds under the conditions described above; and 2* the site is inspected by the county and it is verified that the site has been cleaned -up and all transient merchant related items have been removed. In cases where the County has used the $200.00 cash bond for site clean-up, no transient merchant temporary use permit shall be issued to the same applicant whose vacated operation caused the cash bond default and resulting clean-up by the County. CODING: Words in type are deletions from existing law, words underlined are additions -4- ORDINANCE NO. 87-29 (2). Operation in rights-of-way and easements. No transient merchants. shall operate within any public rights-of-way. No operations within easements shall be permitted unless specifically allowed by all parties having an interest in such easements. (3). Exemptions. The following types of sales operations, for purposes of zoning regulations, shall not be considered transient merchants: a) curbside mobile ice cream sales involving frequent, intermittent stops; b) merchandise deliveries; c) mobile prepared food services catering to employees at employment sites or patrons at permitted special events. (4) Time Limitations and Classifications. All transient merchant temporary use permits shall clearly define an expiration date No permit shall be transferable, and no permit shall be good for a period of more than six months. Renewal of a permit_ shall require re-application. (a) Transient Merchant Classifications. All proposed transient merchant uses shall be classified as one of the following: Class A: Fruit and Vegetable Sales. Class B: Seasonal Sales such as Christmas tree sales and other similar uses;. use in operation, no more than 45 days during any given permit vear. (Season and permitey ar periods must be ation Class A and Class B permits may be renewed every six months. (5) Approval of planning director required. The planning and development director shall, based on review of the application and conformance with 'the criteria specified herein, have the authority to approve, approve with conditions, or deny any tran- sient merchant temporary use permit application or re-application. (6) Appeals of decision. If an applicant disagrees with a determination made by the planning and development director under these provisions, review shall be available to the applicant by way of written appea Written appeals of ang to the planninc Manning and zon zoning commission. commission determina- specified on T.U.P. (b) Specific a Class A and Class B permits may be renewed every six months. (5) Approval of planning director required. The planning and development director shall, based on review of the application and conformance with 'the criteria specified herein, have the authority to approve, approve with conditions, or deny any tran- sient merchant temporary use permit application or re-application. (6) Appeals of decision. If an applicant disagrees with a determination made by the planning and development director under these provisions, review shall be available to the applicant by way of written appea Written appeals of ang to the planninc Manning and zon zoning commission. commission determina- tion may be considered by the board of county commissioners. (b) Specific permit renewal and re-application periods. Class A and Class B permits may be renewed every six months. (5) Approval of planning director required. The planning and development director shall, based on review of the application and conformance with 'the criteria specified herein, have the authority to approve, approve with conditions, or deny any tran- sient merchant temporary use permit application or re-application. (6) Appeals of decision. If an applicant disagrees with a determination made by the planning and development director under these provisions, review shall be available to the applicant by way of written appea Written appeals of ang to the planninc Manning and zon zoning commission. commission determina- Section 5 All previous ordinances, resolutions, or motions of the Board of County Commissioners of Indian River County, Florida which conflict with the provisions of this ordinance are hereby repealed to the extent of such conflict. All Special Acts of the legislature applying only to the unincorporated portion of Indian River County and which conflict with the provisions of this ordinance are hereby repealed to the extent of such conflict. CODING: Words in type are deletions from existing law; words underlined are additions -5- tion may be considered by the board of county commissioners. Section 5 All previous ordinances, resolutions, or motions of the Board of County Commissioners of Indian River County, Florida which conflict with the provisions of this ordinance are hereby repealed to the extent of such conflict. All Special Acts of the legislature applying only to the unincorporated portion of Indian River County and which conflict with the provisions of this ordinance are hereby repealed to the extent of such conflict. CODING: Words in type are deletions from existing law; words underlined are additions -5- ORDINANCE NO. 87-29 Section 6 CODIFICATION The provisions of this iordinance shall be incorporated into the County Code and the word "ordinance" may be changed to "section", "article", or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intentions. Section 7 If any section, part of a sentence, paragraph, phrase or word of this ordinance is for any reason held to be unconstitutional, inoperative or void, such holdings shall not affect the remaining portions hereof and it shall be construed to have been the legis- lative intent to pass this ordinance without such unconstitu- tional, invalid or inoperative part. Section 8 The provisions of this ordinance shall become effective upon receipt from the Florida Secretary of State of official acknow- ledgement that this ordinance has been filed with the Department of State. Approved and adopted by the Board of County Commissioners of Indian River County, Florida on this 10th day of March 1987. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER_.COUNTY, FLORIDA Don C�. Scurlock, Jr. Chairman Acknowledgement by the Department of State of the State of Florida this 16th day of March 1987. Effective Date: Acknowledgment from the Department of State received on this 20th day of March , 1987 at 11:00 A.M./P.M. and filed in the office of the clerk of the Board of County Commissioners of Indian River County, Florida. APPROVED AS TO FORM AND LEGAL SUFFICIENCY. Bruce Barkett, Assistant County Attorney APPROVED AS TO PLANNING MATTERS. Robert Keati g, D*V6ctor Planning & De elo ent CODING: Words in1�¢1�/jE�i¢�i�I type are deletions from existing law; words underlined are additions -6-