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HomeMy WebLinkAbout1988-16ORDINANCE NO. 88 - 16 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA AMENDING SECTION 20 [CG, GENERAL COMMERCIAL DISTRICT] OF APPENDIX A OF THE CODES OF LAWS AND ORDINANCES OF INDIAN RIVER COUNTY, ZONING: CORRECTING REFERENCE ERRORS; ESTABLISHING REGULATIONS TO ALLOW AS AN ADMINISTRATIVE PERMIT USE THE DISPLAY OF A MODEL MOBILE HOME IN CONJUNCTION WITH A REAL ESTATE SALES OPERATION; AND AMENDING SECTION 20.1 [CH, HEAVY COMMERCIAL DISTRICT] OF APPENDIX A OF THE CODES OF LAWS AND ORDINANCES OF INDIAN RIVER COUNTY, ZONING: ESTABLISHING REGULATIONS TO ALLOW AS AN ADMINISTRATIVE PERMIT USE OUTDOOR STORAGE; ESTABLISHING REGULATIONS TO ALLOW AS AN ADMINISTRATIVE PERMIT USE MOBILE HOME TRAILER SALES; EXPANDING ALLOWABLE ACCESSORY USES AND STRUCTURES TO INCLUDE ENCLOSED OUTDOOR STORAGE; AND ESTABLISHING A ZERO REAR YARD SETBACK WHEN ABUTTING RAILROAD RIGHT-OF-WAY. NOW THEREFORE, be it ordained by the Board of County Commissioners of Indian River County that: Section 1 Section 20(a) of Appendix A, the Zoning Code, Indian River County Code of Laws and Ordinances is hereby amended to read as follows: "(a) Purpose and intent. The CG, General Commercial district is intended to provide areas for the development of general retail sales and selected service activities along major thoroughfares in the county consistent with the comprehensive plan. The CG district may be considered consistent with the following comprehensive plan land use designations: Tourist/ Commercial Nodes, Roseland Hospital/Commercial Node, Commercial Nodes, Commercial/Industrial Nodes, U.S. 1 Commercial Corridor and MXD areas. The CG district is not intended to provide for heavy commercial activities, such as commercial service uses (see section 0XAy1 JXJ6YA$y¢y 20.1(b)(5)b.), heavy repair services (see section OXAYII X16YA YO` 20.1 (b) (5) e. nor industrial uses." Section 2 Section 20(c) of Appendix A, the Zoning Code,, of Indian River County Code of Laws and Ordinances is hereby amended to read as follows: "(c) Uses requiring administrative permits. The following uses shall be permitted within the CG, General Commercial District, subject to the specific use criteria established in section 25.1, "regulations for specific land uses" and review procedures established in section 25.2, "review of uses requiring administrative permits." (1) Residential Uses (Sec. 25.1(c)): Multiple -family. (2) Commercial uses (Sec. 25.1(o)): (3) Commercial services (Sec. 25.1(b)): Building material sales and lumberyards. CODING: Words in Ott409f44t0iAgA type are deletions from existing law, words underlined are additions. hospital. Veterinary clinic or animal (3) Commercial services (Sec. 25.1(b)): Building material sales and lumberyards. CODING: Words in Ott409f44t0iAgA type are deletions from existing law, words underlined are additions. ORDINANCE NO. 88 - 16 Public and private utilities, limited. Criteria for b. financial home display: -related model mobile 25.1(1)): (6) General office and services (Sec. 25.1(n)): requirements: (4) Marine commercial activities Boat sales and rental. Commercial marina. Marine repair and service. Commercial fishery. Utility (Sec. 25.1(s)): (5) uses Public and private utilities, limited. Model mobile home display." Section 3 Section 25.1(i)(3) of Appendix A, the Zoning Code, Indian River County Code of Laws and Ordinances is hereby established and created to read as follows: (3) Model mobile home display (Administrative Permit). a. Districts requiring administrative permit: Model mobile home display may be allowed in the CG District upon receiving approval as an administrative permit pursuant to Section 25.2 and after meeting the criteria defined below. Criteria for b. financial home display: (Sec. model mobile 25.1(1)): (6) General office and services Model mobile home display." Section 3 Section 25.1(i)(3) of Appendix A, the Zoning Code, Indian River County Code of Laws and Ordinances is hereby established and created to read as follows: (3) Model mobile home display (Administrative Permit). a. Districts requiring administrative permit: Model mobile home display may be allowed in the CG District upon receiving approval as an administrative permit pursuant to Section 25.2 and after meeting the criteria defined below. 1. A site plan showing the location,dimensions, and area of the real estate sales or information office and the model mobile home display. Criteria for b. Additional home display: informational model mobile requirements: 1. A site plan showing the location,dimensions, and area of the real estate sales or information office and the model mobile home display. 1. A model mobile home display unit may only be located on a site in conjunction with a real estate sales or information office serving a mobile home park project. 2. No more than one (1) model mobile home display unit may be located on a real estate sales or infnrmat-inn nffirP gitP_ 3. For purposes of calculating parking require- + ments for the model mobile home display unit, the standards used for office developments shall apply. 4. Model mobile home display units shall.e a. be provided with undercarriage skirting; and DO be provided with a landscape strip having a minimum width of ten (10) feet between the unit and any adjacent road right-of- way. The required landscape strip area shall include a hedge of at least two feet in height at the time of planting. CODING. Words in srrAoKfrlitOAgA type are deletions from existing laws words underlined are additions. Criteria for home display: c. model mobile 1. A model mobile home display unit may only be located on a site in conjunction with a real estate sales or information office serving a mobile home park project. 2. No more than one (1) model mobile home display unit may be located on a real estate sales or infnrmat-inn nffirP gitP_ 3. For purposes of calculating parking require- + ments for the model mobile home display unit, the standards used for office developments shall apply. 4. Model mobile home display units shall.e a. be provided with undercarriage skirting; and DO be provided with a landscape strip having a minimum width of ten (10) feet between the unit and any adjacent road right-of- way. The required landscape strip area shall include a hedge of at least two feet in height at the time of planting. CODING. Words in srrAoKfrlitOAgA type are deletions from existing laws words underlined are additions. ORDINANCE N0. 88 - 16 All building setback requirements shall apply to (Sec. 25.1(b)). the model mobile home. 6. A separation distance of one thousand (1,000) feet between model mobile home display sites is required. No model mobile home display unit may be approved to be located closer than one thousand (1,000) feet to an existing display site approved and located under these administrative permit regulations. 7. No real estate sales or information sales operations shall be conducted within the mobile home. The mobile home unit is for display purposes only, and may not be occupied as an office or residence." Section 4 Section 20.1(c) of County Code of Laws follows: Appendix A, the Zoning Code, Indian River and Ordinances, is hereby amended to read as "(c) Uses requiring administrative permits. The following uses shall be permitted within the CH, Heavy Commercial District, subject to the specific use criteria established in section 25.1, "regulations for specific land uses" and review procedures established in section 25.2, "review of uses requiring administrative permits." (1) Agricultural uses (Sec. 25.1(a)): Kennels and animal boarding places, commercial. (2) Residential uses (Sec. 25.1(c)). Accessory housing for nightwatchmen. (3) Utility uses (Sec. 25.1(s)). Public and private utilities, limited. (4) Vehicular sales, service and storage (Sec. 25.1(v)). Used vehicle sales. Mobile home trailer sales. Outdoor storaqe (unenclosed)" gAr +- 1 nn S Section 25.1(b)(3) of Appendix A, the Zoning Code, Indian River County Code of Laws and Ordinances, is hereby established and created to read as follows: "(3) Outdoor storage (unenclosed). (Administrative Permit). a. Districts requiring administrative permit: Outdoor storage (unenclosed) may be allowed in the CH District upon receiving approval for an administrative permit as provided in Section 25.2 and after meeting the require- ments defined below: CODING. Words in type are deletions from existing law, words underlined are additions. Commercial (Sec. 25.1(b)). (5) services Outdoor storaqe (unenclosed)" gAr +- 1 nn S Section 25.1(b)(3) of Appendix A, the Zoning Code, Indian River County Code of Laws and Ordinances, is hereby established and created to read as follows: "(3) Outdoor storage (unenclosed). (Administrative Permit). a. Districts requiring administrative permit: Outdoor storage (unenclosed) may be allowed in the CH District upon receiving approval for an administrative permit as provided in Section 25.2 and after meeting the require- ments defined below: CODING. Words in type are deletions from existing law, words underlined are additions. ORDINANCE NO. 88 - 16 b. Additional information requirements: 1. A site plan showing the location, dimensions, and area of all enclosed storage areas and proposed unenclosed outdoor storage areas (which shall consist of the entire area for storage and spacing between merchandise items). c. Criteria for outdoor storage (unenclosed): 1. Outdoor storage shall be accessory to the principal use. 2. Items allowed to be stored outdoors shall be limited to vehicles and equipment used in the operation of the establishment, and for sales display of items allowed to be sold (retail) in the CH District. Outdoor storage shall not be used for storing stock and merchandise for warehousing purposes but for sales purposes. 3. For purposes of calculating parking requirements for the outdoor storage of sales display items, the standards used for the principal use shall apply. 4. All building setback requirements shall apply to the outdoor storage area(s)." Section 6 Section 25.1(v)(4) of Appendix A, the Zoning Code, Indian River County Code of Laws and Ordinances, is hereby established and created to read as follows: "Mobile home trailer sales (Administrative Permit). a. Districts requiring administrative permits: Mobile home trailer sales may be permitted with the CH District upon receiving approval for an administrative permit as provided in Section 25.2 and after meeting the requirements defined below. b. Additional information requirements. 1. A site plan showing the location, dimensions, and area of the mobile home trailer sales office and the mobile home trailer display area(s). 2. The maximum number of trailer units to be displayed on site at any one time shall be noted on the site plan. c. Criteria for mobile home trailer sales: 1. All mobile home trailers displayed shall meet the applicable building setback requirements. 2. All mobile homes displayed shall be provided with undercarriage skirting. 3. All designated display areas shall provide for a minimum of 1,600 square feet per trailer. 4. In addition to the marking required for the sales office, a minimum of one (1) parking space shall be provided for each 3,200 square feet of trailer display area. CODING. Words in type are deletions from existing laws words underlined are additions. ORDINANCE NO. 88 - 16 Section 7 Section 20.1 (e) of Appendix A, the Zoning Code, Indian River County Code of Laws and Ordinances, is hereby amended to read as follows: "(e) Accessory uses and structures. As provided in Section 25(g) "accessory uses and structures". Outdoor storage of bulk items and stock may be allowed as an accessory use when the area is attached to a building and "enclosed" by a wall or opaque fence having a minimum height of 6'. For parking calculation purposes the standards used for storage and warehousing shall apply." ConF inn S2 Table 20.1 of Appendix A, the Zoning Code, Indian River County Code of Laws and Ordinances, is hereby amended to read as follows: "Table 20.1. Size and Dimension Criteria CH Zoning District Zoning District Requlation CH Unit of Measure Minimum lot size 15,000 square feet Minimum lot width 100 feet Minimum yard Fronts 25 Side0/10 feet Rear 0/10 Maximum lot coverage 40 percent of lot Minimum open space 15 percent of lot Maximum building height 35 feet Note: 1No side yard required if abutting nonresidential uses utilized interconnecting parking areas, with approved access easements. 2 No rear yard requirement if rear property line abuts a railroad track. Section 9 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 legisla- ture 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. Section 10 The provisions of this ordinance shall be incorporated into the County Code and the word "ordinance" may be changed to CODING. Words in 44jAOX X6000 type are deletions from existing law; words underlined are additions. ORDINANCE NO. 88 - 16 "section", "article", or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intentions. Section 11 If any section, part of a sentence, paragraph, phrase or word of this ordinance is for any reason held to be unconstitutional, unoperative or void, such holdings shall not affect the remaining portions hereof and it shall be construed to have been the legislative intent to pass this ordinance without such unconstitutional, invalid or inoperative part. Section 12 The provisions of this ordinance shall become effective upon receipt from the Florida Secretary of State of official acknowledgement that this ordinance has been filed with the L Department of State. ` Approved and adopted by the Board of County ;C'om=srs Indian River County, Florida on this 29thday of �j"March�` 19880 'FSE 1::YY I. 4c lh x BOARD OF CdUNT 'COMM ;SSIi OF INDIAN RIVER COUNTY, `] BY • �( :,C„ y Don C' ' S6,uk7lock, 'Jr s•, Acknowledged by the Department of Stater of th;e Florida this 5th day of April "', '1988'` EFFECTIVE DATE: Acknowledged from the Department of State received on this 8th day of April 1988, at 10:30 AM/PM 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 William G. Collins, II Assistant County Attorney P'ob ert ea g, Community Deve opm Director