HomeMy WebLinkAbout1999-26AN ORDINANCE OF INDIANRIVER COUNTY, FLORIDA AMENDING THE
FOLLOWING CHAPTERS OF THE LAND DEVELOPMENT REGULATIONS
(LDRS): CHAPTER 911, ZONING; CHAPTER 901, DEFINITIONS; CHAPTER
932, COASTAL MANAGEMENT; AND PROVIDING FOR REPEAL OF
CONFLICTING PROVISIONS, CODIFICATION, SEVERABILITY AND
EFFECTIVE DATE.
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER
COUNTY, FLORIDA THAT THE INDIAN RIVER COUNTY LAND DEVELOPMENT
REGULATIONS (LDRS) BE AMENDED AS FOLLOWS:
1. Wabasso Corridor Plan Development Regulations
Section 911.18 of the LDR is hereby amended as follows:
(a) Preserve and enhance the appearance of the Wabasso Corridor;
(b) Recognize and enhance the character of the Wabasso community;
(c) Increase property values in the Wabasso Corridor;
(d) Prevent the establishment of incompatible land uses and unattractive
developments in the corridor;
(e)
Make
the
Wabasso
Corridor
(1)
Purpose
with
and intent. The
following
intent
these
is
to:
overall
purpose and of
regulations
(a) Preserve and enhance the appearance of the Wabasso Corridor;
(b) Recognize and enhance the character of the Wabasso community;
(c) Increase property values in the Wabasso Corridor;
(d) Prevent the establishment of incompatible land uses and unattractive
developments in the corridor;
(e)
Make
the
Wabasso
Corridor
area
consistent
with
the
following
vision
statement:
Wabasso will retain the feeling of an uncluttered, well maintained small
town. Through attractive landscaping and special development design
considerations, Wabasso will preserve and enhance the natural beauty and
scenic vistas that give Wabasso its special character. Additionally, this
area will be characterized by safe uncongested roads, and by a mix of uses
including large and small businesses and a variety of residential options.
(2) Boundaries of the Wabasso Corridor. The boundaries of the Wabasso Corridor are as
shown on the county's official zoning atlas. Generally, the boundaries run along US 1 from 8+st
meet 77" Street(all sides of the 77' Street/US 1 intersection) to 95th Street and along CR 510
from 66th Avenue (all sides of the 66"' Avenue / CR 510 intersection) to the Atlantic Ocean.
Coding: Words in strip type are deletions from existing law. Words underlined are
additions.
(3) Specific development regulations within the Wabasso Corridor. In the Wabasso
Corridor, the following special regulations shall apply to new non-residential and mixed use
(combination of residential/commercial.) development that requires major site plan approval.
1. Outdoor display of automobiles/motorized vehicles for sale or rental;
2. Outdoor display or of mobile homes for sale or rental;
3. Outdoor display of boats for sale or rental;
4. Drive-in theaters;
Recycling centers;
6. Transmission towers;
T Flea markets;
Transient merchant uses; and
9. Temporary sales events that require temporary use permits and are
conducted outside of enclosed buildings.
Specifically, there shall be no outside display of merchandise on public sidewalks
(within public rights -of --way or easements) or rights-of-way. Outside display of
merchandise shall be allowed on private property; provided, however, that outside
display of merchandise is allowed only on sidewalks abutting buildings occupied
by the business displaying the merchandise. All other uses shall comply with
applicable zoning district regulations.
(b) Restricted uses: Within the plan area, vehicle bays or stalls such as those
associated with vehicle repair and car wash uses are allowed IF such bays or stalls
are oriented and screened from view of US 1 and CR 510 by provision of a Tvpe
"B" buffer with four foot opaque feature.
Coding: Words in strtite tivott type are deletions from existing law. Words underlined are
additions. 2
(a) Prohibited
uses:
The following
land
be
uses
shall
prohibited:
1. Outdoor display of automobiles/motorized vehicles for sale or rental;
2. Outdoor display or of mobile homes for sale or rental;
3. Outdoor display of boats for sale or rental;
4. Drive-in theaters;
Recycling centers;
6. Transmission towers;
T Flea markets;
Transient merchant uses; and
9. Temporary sales events that require temporary use permits and are
conducted outside of enclosed buildings.
Specifically, there shall be no outside display of merchandise on public sidewalks
(within public rights -of --way or easements) or rights-of-way. Outside display of
merchandise shall be allowed on private property; provided, however, that outside
display of merchandise is allowed only on sidewalks abutting buildings occupied
by the business displaying the merchandise. All other uses shall comply with
applicable zoning district regulations.
(b) Restricted uses: Within the plan area, vehicle bays or stalls such as those
associated with vehicle repair and car wash uses are allowed IF such bays or stalls
are oriented and screened from view of US 1 and CR 510 by provision of a Tvpe
"B" buffer with four foot opaque feature.
Coding: Words in strtite tivott type are deletions from existing law. Words underlined are
additions. 2
Lc) Exemptions
L Industrial and storage buildings located in the CH, IL, and IG zoning
districts shall be exempted from foundation planting landscaping
requirements and architectural/building requirements for building facades
that do not abut residentially designated areas or front on public roads.
However, industrial buildings shall satisfy the color requirements.
2. Electrical substations and similar uses 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,
3. Historic Buildings and Resources: In accordance with Future Land Use
Element objective 8 and LDR Chapter 933, historic buildings and
resources identified in the "Historic Properties Survey of Indian River
County, Florida". or identified by the Historic Resources Advisory
Committee, and located within the Wabasso corridor are exempt from
special Wabasso Corridor Plan requirements to the extent that applying the
special Corridor Plan requirements would:
b, Threaten or destroy the historical significance of an identified
historic building or resource.
Said exemption shall be reviewed by and may be granted by the Planning_and
Zoning Commission upon receiving a recommendation from staff and the
Historic Resources Advisory Committee.
(d) Special sign regulations.
(j Scope: These special regulations consist of additional requirements above
and beyond the county sign ordinance and shall supersede any less
Coding: Words in strtmethgott type are deletions from existing law. Words underlined are
additions,
a.
Conflict with the preservation
or resource, or
or restoration
of
a historic
building
b, Threaten or destroy the historical significance of an identified
historic building or resource.
Said exemption shall be reviewed by and may be granted by the Planning_and
Zoning Commission upon receiving a recommendation from staff and the
Historic Resources Advisory Committee.
(d) Special sign regulations.
(j Scope: These special regulations consist of additional requirements above
and beyond the county sign ordinance and shall supersede any less
Coding: Words in strtmethgott type are deletions from existing law. Words underlined are
additions,
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.
Approval for change o sign design required: Any exterior change to
Wabasso Corridor signage which was originally required to comply with
these special sign regulations 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),hei hg t, shape, style, location, colors, materials, or method
of illumination. Routine maintenance and replacement of materials which
do 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.
Prohibited
is
in
956.12
signs (this
addition
to
sign
ordinance
section
The
following
are
prohibitions):
prohibited:
Prohibited signs.
a. Lights or illuminations that flash, move, rotate, scintillate, blink,
flicker, or vary in intensity or color. Public signs permitted
pursuant to sign ordinance section 956.11(2)(b) are excluded from
this prohibition and are allowed.
b. Electronic message boards and message centers, electronic
eeeeeeee
adjustable alternation displays, or any sign that automaticallX
displays words, numerals, and or characters in a programmed
manner. Traffic regulatory and directional signs permitted pursuant
to sign ordinance section 956.11(2)(b) are excluded from this
prohibition and are allowed.
c. Portable or trailer style changeable col2v signs.
d. Signs with the optical illusion of movement by means of a design
that presents a pattern capable of giving the illusion of motion or
changingof copy_
e. Strings of light bulbs used on non-residential structures for
commercial purposes, other than traditional holiday decorations at
the appropriate time of the year.
Coding: Words in strike thfou type are deletions from existing law. Words underlined are
additions.
.1 �,
Y r',
f.
of the
opaqueness of a sign, all
plastic
signage
backgrounds shall
be a dark color to reduce
Signs that
emit audible
sound,
odor, or visible
matter, such as
smoke
or
steam.
from
g_ Plastic orlag ss sign faces including but not limited to: acrylic,
LexanR, or Plexiglas'). High density polyurethane and PVC are
exempt from this prohibition. Portions of a sign which are
changeable copy are exempt from this prohibition. When used in
conjunction with cut-out or routered metal cabinets, plastic used
only for copy or logos is exempt from this prohibition. Plastic used
for illuminated individual channel letters or logos is exempt from
this prohibition. Although highly discouraged, a plastic sign face
will be allowed only when all of the following requirements are
met for the plastic portions of a sign:
Plastic shall be pan formed faced (embossed and/or de -
bossed copy and logos are encouragedl.
ii Regardless
of the
opaqueness of a sign, all
plastic
signage
backgrounds shall
be a dark color to reduce
light
transmission
from
signage
background)*,
white
background
be
shall not allowed.
All signage background
colors
shall
be limited to those
colors with a formula
havinia
a
minimum black content
of eleven (11) percent,
and a
maximum
white
content
of
forty-nine
(49).
Color
formulas
will
be based on
the Pantone
Matching SystemR.
ill All color must be applied on the "second surface" (inside
face of plastid.
iv Nothing shall be applied to the "first surface" (outside face
of plastic) (i.e.: paint, vinyl, etc.,)
h. Neon and similar tube, fiber optic, and intense linear lighting
systems, where the neon or lighting tube or fiber is visible.
Plywood used for permanent signs.
j_ Any material used in such a manner for a permanent sign that
results in a flat sign without dimension, having a semblance to a
"plywood or temporary looking sign."
k. Installation of an additional signior signs) that does not harmonize
with the design or materials of the initial sign, such as:
Coding: Words in strike thfou type are deletions from existing law. Words underlined are
additions.
T
ti
Rear illuminated plastic faced sign with a "wood look"
front illuminated sign.
ii Combination
or mounting
of
signs
with
cabinets,
faces or
structure of
or structure.
different
Reduction
Reduce
to fifty
50)percent
awkwardly
dimensions:
materials
or proportions.
of what
iii Attachment
or mounting
of signs where
mounting hardware
Maximum
with color
is left exposed.
or structure.
signage:
iv
Signs
different
Maximum
with color
cabinets, frames,
or structure.
i. Individual styrofoam, plastic or wood letters or the like exceeding
four (4) inches in height for use on any permanent monument,
freestanding, roof, wall, or facade signs. This prohibition does not
apply to illuminated individual metal channel letters or the plastic
letter typically used for changeable copy signs.
Signs that are encouraged:
a. 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 polvurethane and PVC, rather than actual wood or MDO.
b. Internally illuminated aluminum cabinet with textured finish, and cut-out
inset or push through acrylic letters. (,Note that color maybe gpplied to the
"first surface" on push through acrylic letters for this type of sign.(
c. Backlit reverse pan channel letters (opaque faced) mounted on sign that is
harmonious with the project's architecture.
d. Signage that relates to the building's style of architecture and materials.
e. Thematic signage.
f Changeable copy signs that have a dark opaque background with
translucent lettering.
a. Freestanding signs:
Maximum
signage:
Reduction
Reduce
to fifty
50)percent
in sign
dimensions:
cumulative
Modifications
of what
is
to Table
1 (freestanding
allowed
in Table
1.
sizes
and
signs)
and
Table
2 (wall
signs),
Schedule of Regulations
for Permanent Signs
a. Freestanding signs:
Coding: Words in stiifte thrott type are deletions from existing law. Words underlined are
additions. 6
Maximum
signage:
Reduce
to fifty
50)percent
cumulative
of what
is
allowed
in Table
1.
Coding: Words in stiifte thrott type are deletions from existing law. Words underlined are
additions. 6
i
ii Maximum signage on a single face: Reduce to fifty (50) percent of
what is allowed in Table 1.
iii Maximum height: Reduce to thirty (30) percent of what is allowed
in Table 1, but no less than six (6) feet and no greater than ten (10)
feet.
iv For development involving_
sites of forty
(40)
acres or more, the ten
(10) foot sign height
requirement may
be waived
by the Board of
County Commissioners
if the development
project
applicant
prepares and the Board
of County Commissioners
approves a sign
package that reduces
the total sign area
otherwise
allowed under
the corridor plan and
sign ordinance
by ten 10)
percent or more.
Outparcels on larger
sites shall comply
with the
six (6) feet to ten
height limitations
(10) foot
specified
above.
(50)
v_ Required setbacks from property lines or right -of --way: One (1)
foot subject to satisfaction of sight distance requirements.
vi Number of allowable signs per street frontage: No waivers shall be
approved that would reduce the required minimum of two hundred
(200) feet of separation between signs along the same street
frontage found in Footnote #2 of Table 1 of the sign ordinance.
(See Figure F-1 at end of Section 911.8)
b.
Wall
/facade signs.
i
Maximum
sign
area
Reduce
to fifty
(50)
of
allowed:
percent what
is
in
allowed
Table
2.
( Colors:
a. The following colors are encouraged for signage:
i Use of earth -tone colors and pastels.
ii Darker backgrounds with light color sign copy.
iii Use of colors that match or are compatible with the project's
architecture.
iv Colors such as medium or dark bronze are acceptable and
encouraged. Polished or weathered true bronze, brass, or copper
metal finishes are acceptable and encouraged. Precious metal
colors are allowed on sand blasted or carved "wood look" style
signs.
Coding: Words in strtke thrott type are deletions from existing law. Words underlined are
additions. 7
The use of shiny or bright metallic or mill finish colors (i.e.: gold,
silver, bronze, chrome, aluminum, stainless steel„etc.l.
The use of garish colors, such as fluorescent.
iii The use of black for signage background. Changeable copy signage
is excluded from this prohibition.
copy
sign
is allowed,
b. The
following
W Design
face area
shall be
comprised of
colors
criteria
for
building
height.
additional
are prohibited
signal
Multi
The use of shiny or bright metallic or mill finish colors (i.e.: gold,
silver, bronze, chrome, aluminum, stainless steel„etc.l.
The use of garish colors, such as fluorescent.
iii The use of black for signage background. Changeable copy signage
is excluded from this prohibition.
a. Freestanding signage:
All freestanding signs shall be of a wide -based monument sty
Pole signs are discouraged, but may be permitted when the
supporting structures are completely screened from view with
landscaping or berm features. Said landscaping and/or bermi g
shall cover and screen the entire area beneath the sign at time of
certificate of occupancy (C.O.)issuance, and thereafter.
ii Any freestanding signs constructed from flat panel material, such
as high density polyurethane, MDO, sheet metal, or the like, shall
have a distance of no less than eight (8) inches from face to face,
and shall be enclosed on all sides to cover the internal frame.
b. Freestanding changeable col2v signs:
Where a freestanding
copy
sign
is allowed,
no more
than eighty (80) percent
W Design
face area
shall be
comprised of
changeable copy area.
criteria
and
building
height.
additional
exceed twenty -five (25)
percent
Multi
restrictions:
Applicants
-tenant
spaces:
of
proposed
multi
-tenant
projects,
such
as
shopping
centers,
out
parcels,
industrial
complexes
and
parks, and
office
for
complexes
and parks,
shall
submit
a sign
program
review
and
approval.
This
sign
program
shall
identify
the
coordination
and
consistency
of design,
colors,
illumination,
materials,
and
locations
of
signage.
In a multi
-tenant
project
where
no established
pattern,
as
described
above
exists,
the
owner
of the
multi
-tenant
project
shall
submit
a
sign
program
for
approval
prior to
issuance
of
any new
sign
permits
for
a tenant
space.
a. Freestanding signage:
All freestanding signs shall be of a wide -based monument sty
Pole signs are discouraged, but may be permitted when the
supporting structures are completely screened from view with
landscaping or berm features. Said landscaping and/or bermi g
shall cover and screen the entire area beneath the sign at time of
certificate of occupancy (C.O.)issuance, and thereafter.
ii Any freestanding signs constructed from flat panel material, such
as high density polyurethane, MDO, sheet metal, or the like, shall
have a distance of no less than eight (8) inches from face to face,
and shall be enclosed on all sides to cover the internal frame.
b. Freestanding changeable col2v signs:
Where a freestanding
copy
sign
is allowed,
no more
than eighty (80) percent
W Design
face area
shall be
comprised of
changeable copy area.
criteria
and
building
height.
additional
exceed twenty -five (25)
percent
of the
restrictions:
a. Freestanding signage:
All freestanding signs shall be of a wide -based monument sty
Pole signs are discouraged, but may be permitted when the
supporting structures are completely screened from view with
landscaping or berm features. Said landscaping and/or bermi g
shall cover and screen the entire area beneath the sign at time of
certificate of occupancy (C.O.)issuance, and thereafter.
ii Any freestanding signs constructed from flat panel material, such
as high density polyurethane, MDO, sheet metal, or the like, shall
have a distance of no less than eight (8) inches from face to face,
and shall be enclosed on all sides to cover the internal frame.
b. Freestanding changeable col2v signs:
Where a freestanding
copy
sign
is allowed,
no more
than eighty (80) percent
_changeable
of the sign
face area
shall be
comprised of
changeable copy area.
building
c. Wall/facade signage:
The
maximum vertical
dimension
of
a facade
or wall
sign shall
not
building
height.
exceed twenty -five (25)
percent
of the
Coding: Words in strtke thrott type are deletions from existing law. Words underlined are
additions.
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.
iii Lettering, logos, and trim colors on canopy facia shall be
considered a wall sign and shall be limited to thirty-three (33)
percent of the facia area of any one elevation. Internally
illuminated signs shall not be placed on a canopy structure, and no
sign shall be placed above the facia on a canopy structure.
iv Wall signs facade signs, are prohibited on roofs with a slope less
than 20:12(rise:run) pitch. Wall signs mounted on a roof shall be
enclosed on all sides to cover the internal frame and its connection
to the roof. Also see IRC LDR's Section 956.12(1)(o).
d. Changeable copy wall signs for theaters:
Theaters may utilize up to eighty (80) percent of actual sign area
for display of names of films, plays or other performances
currently showing.
e. Illumination:
All external flood sign illumination shall be mounted atrg ale,
directly in front of the sign area. Light source shall be completely
shielded from oncoming motorist's view.
Nonconforming signs: It is the intent of these regulations to allow nonconforming
signs to continue until they are no longer used or become hazardous; and to
encourage conformance to these special sign regulations. A "compatible
freestanding sign" shall be defined as any freestanding sign permitted prior to the
adoption of these special regulations, and conforming to the Wabasso Corridor
Plan maximum height requirements for a freestanding sign, and monument style
for a freestanding sign.
Nonconforming signs or nonconforming sign structures on sites
abandoned for twelve (12) or more consecutive months shall not be
permitted for reuse.
ii 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 site is not abandoned for twelve (12)
or more consecutive months and if there is no change of use of the
Coding: Words in strilfe-tlrottgk type are deletions from existing law. Words underlined are
additions.
a.
Nonconforming to the
following:
signs are subject
Nonconforming signs or nonconforming sign structures on sites
abandoned for twelve (12) or more consecutive months shall not be
permitted for reuse.
ii 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 site is not abandoned for twelve (12)
or more consecutive months and if there is no change of use of the
Coding: Words in strilfe-tlrottgk type are deletions from existing law. Words underlined are
additions.
site. Also, change of tenancy or ownership shall not affect the
status of a non -conforming sign that serves multiple tenants.
Colors of a nonconforming sign shall not be changed from those
existing at the time of the adoption of this Code, unless new colors
comply with the Wabasso Corridor special color requirements.
iv A nonconforming sign shall not be enlarged or increased in any
way from its lawful size at the time of the adoption of these special
regulations.
b. Repairs and maintenance: Normal repairs and maintenance may be made:
however, the cost of such repairs and/or maintenance made during any
two-year period shall not exceed fifty (50) percent of the replacement cost
of the sign at the end of the two-year period.
C* Reconstruction after catastrophe: If any nonconforming sign is damaged
by fire, flood, explosion, collapse, wind, war, or other catastrophe, to such
an extent that the cost of repair and reconstruction will exceed fifty (50)
percent of the replacement cost at the time of damage, the nonconforming
sign shall not be used or reconstructed except in full conformity with the
provisions of these special regulations.
(d) Architectural/building standards.
a. 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 (see Figure F-3).
b. 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.
C, Any architecture having a historical 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, western "false fronts," medieval castles, caves,
and the like.
Coding: Words in Artite thrott type are deletions from existing law. Words underlined are
additions. 10
W Prohibited
architectural
The
following
styles: are
prohibited:
a. 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 (see Figure F-3).
b. 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.
C, Any architecture having a historical 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, western "false fronts," medieval castles, caves,
and the like.
Coding: Words in Artite thrott type are deletions from existing law. Words underlined are
additions. 10
a. Industrial and storage uses in the CH. IL. and IG 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.
b. Electrical substations and similar uses: Electrical substations and
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similar uses that prohibit access by the public into the site may be
exempted from all architectural /building requirements by the
community_ development director if the exempted building(s) and
equipment will be visually screened from adjacent properties and
roadways.
C& Historic Buildings and Resources: In accordance with Future Land
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Use Element objective 8 and LDR Chapter 933, historic buildings
and resources identified in the "Historic Properties Survey of
Indian River County, Florida", or identified by the Historic
Resources Advisory Committee, and located within the Wabasso
corridor are exempt from special Wabasso Corridor Plan
requirements to the extent that applying the he special Corridor Plan
requirements would:
(2.) Architectural/building
1. Conflict
with the preservation
or restoration
of
a historic
building
or resource,
or
exemptions
and
special
requirements:
a. Industrial and storage uses in the CH. IL. and IG 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.
b. Electrical substations and similar uses: Electrical substations and
eeeMMM
similar uses that prohibit access by the public into the site may be
exempted from all architectural /building requirements by the
community_ development director if the exempted building(s) and
equipment will be visually screened from adjacent properties and
roadways.
C& Historic Buildings and Resources: In accordance with Future Land
eeMMMM
Use Element objective 8 and LDR Chapter 933, historic buildings
and resources identified in the "Historic Properties Survey of
Indian River County, Florida", or identified by the Historic
Resources Advisory Committee, and located within the Wabasso
corridor are exempt from special Wabasso Corridor Plan
requirements to the extent that applying the he special Corridor Plan
requirements would:
2. Threaten or destroy the historical significance of an
identified historic building or resource.
Said exemption shall be reviewed by and may be granted by the
Planning and Zoning Commission upon receiving a recommendation
from staff and the Historic Resources Advisory Committee,
W General design criteria:
a. Buildings with facades fronting on more than one street shall have
emmmme
similar design considerations (e.g. exterior finish, roof treatment,
building articulation, entrance features, and window placement)
and consistent detailing on all street frontages.
1. Conflict
with the preservation
or restoration
of
a historic
building
or resource,
or
restrictions:
2. Threaten or destroy the historical significance of an
identified historic building or resource.
Said exemption shall be reviewed by and may be granted by the
Planning and Zoning Commission upon receiving a recommendation
from staff and the Historic Resources Advisory Committee,
W General design criteria:
a. Buildings with facades fronting on more than one street shall have
emmmme
similar design considerations (e.g. exterior finish, roof treatment,
building articulation, entrance features, and window placement)
and consistent detailing on all street frontages.
Flat, blank, unarticulated, or massive facades fronting on a
roadway, exclusive access drive or residentially designated
area are prohibited. Facades fronting such roads, drives, or
areas shall be designed to incorporate architectural
Coding: Words in strike tlffott type are deletions from existing law. Words underlined are
additions. 11
b. General
prohibitions
and
restrictions:
Flat, blank, unarticulated, or massive facades fronting on a
roadway, exclusive access drive or residentially designated
area are prohibited. Facades fronting such roads, drives, or
areas shall be designed to incorporate architectural
Coding: Words in strike tlffott type are deletions from existing law. Words underlined are
additions. 11
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
of: 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 (ste1212ing 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 plantings" are provided for such
building facade faces (see foundation plantings section for
requirements).
ii 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.
iii Plastic
or
metal
is prohibited
appear
as a
finish
material for walls
The
product shall be substantial.
or trim.
Plastic
is prohibited
as a
finish
material for sloped
are unacceptable.
roofs, visible
roof
structures,
and
facias.
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
b,
submitted
the
applicant.
The planning
and zoning
commission
may
approve
use of
the material
if the
following
criteria
satisfied:
are
The product
shall
appear
authentic
from the closest
The
product shall be substantial.
Thin
distance
that it will be
viewed
by theeg neral public.
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_
Coding: Words in strtke thrott type are deletions from existing law. Words underlined are
additions. 12
The
product shall be substantial.
Thin
and
flimsy
imitations
are unacceptable.
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_
Coding: Words in strtke thrott type are deletions from existing law. Words underlined are
additions. 12
it.
The product's color shall resemble the color of the
product it is imitating
Any
in bond is
IV exposed
masonry a stack prohibited.
v_ Lighting structures or strip lighting that follows the form of
the building, parts of the building, or building elements is
prohibited.
vi Neon and similar tube and fiber optic lighting and similar
linear lighting systems; where the neon or lighting tube or
fiber is visible, is prohibited (this restriction includes site
signage),
vii 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.
viii Facades that appear to be primarily awnings are prohibited.
An awning shall not run continuously for more than thin
(30) percent of the length of any single facade. Gaps
between awning segments shall be at least twenty-four (24)
inches wide. Placement of awning segments shall relate to
building features (e.g. doorways and windows), where
possible. Awnings shall not exceed twenty-five (251
percent of the area of any single facade.
IX Drive -up windows shall not be located on a buildingfacade
that faces a residential area or a roadway unless
architecturallygrated into the building and screened by
landscaping equivalent to the material in a local road buffer
that runs the length of the drive-through lane and its
speakers shall be oriented so as not to project sound toward
residential areas.
x Accessory structures, includingsheds, heds, 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: All buildings and accessory structures within the plan area shall have
sloped roofs (slope pitch at least 4:12) visible from every direction, unless a
Coding: Words in Artite Offatt type are deletions from existing law. Words underlined are
additions. 13
visible flat roof, parapet roof, or other such roof design is determined by the
community development director or his designee to be an integral feature of a
recognized architectural style.
1. Sloped roofs, including mansards, shall have a minimum vertical rise of
six feet (not includingfascia). Where flat roofs are allowed by the
community development director or his designee, X441 buildings and
accessory structures may have flat roof systems where flat roof areas are
not visible at six (6) feet above grade from all directions.
2.
The
(See
Figures
F-2 and
F-3 at end
of
ridge
or
plane
of a roof
(or visible
911.18)
roof
structure)
that
runs parallel
(or
slightly
parallel)
with a
roadway
shall
not
run
continuous
for more
than
one
hundred
(100)
feet
without offsetting
or
jogging
(vertically
or
horizontally)
the
roof ridge
or plane
a minimum
of
sixteen
(16) inches
,see
Figure
B-2).
Low
slope
roofs and
walls
allowed
by the community
parapet
development
director
or
his designee
are
excluded
from
this requirement.
3. Roofing materials are prohibited for use as a finish material on parapets or
any surface with a slope greater than 30:12 (rise:run); up to and including
vertical surfaces. This pertains only to those surfaces visible from
adjacent property, exclusive access drives or roadways.
Coding: Words in strike thrott type are deletions from existing law. Words underlined are
additions. 14
MON
(See
Figures
F-2 and
F-3 at end
of
section
911.18)
Coding: Words in strike thrott type are deletions from existing law. Words underlined are
additions. 14
MON
Coding: Words in strike thrott type are deletions from existing law. Words underlined are
additions. 14
(e) Colors and building graphics.
(2� Color Standards. All buildings and accessory structures within the
Wabasso Corridor shall be limited to the following colors:
a. Base building colors: Base building colors relate to wall and
parapet wall areas and shall be limited to the colors listed in the
Wabasso Corridor Master Color List. These colors consist of white
and light neutral colors in the warm range.
The
following
c. Trim
b.
building
Trim
building
are
dots,
for
Secondary
trim
graphics
prohibited:
polka
circles,
vertical
stripes,
colors
diagonal
used
stripes
or lines,
plaids,
animals,
and symbols
areas,
such
as
are
lightning
brightest
relate
bolts.
group
larger
trim
areas and
shall be
limited
and
to the
colors
listed
in the
Wabasso
Corridor
However,
legally
Color
registered
trademarks
Secondary
which
directly
colors
shall
relate
thirty
to
the
building
occupant
(not trademarks
area
of products
or services
sold
displayed)
building
Use
building
or
facade
are
allowed,
subject
to applicable
These
sign
and
color
regulations.
consist
colors.
of
(2� Color Standards. All buildings and accessory structures within the
Wabasso Corridor shall be limited to the following colors:
a. Base building colors: Base building colors relate to wall and
parapet wall areas and shall be limited to the colors listed in the
Wabasso Corridor Master Color List. These colors consist of white
and light neutral colors in the warm range.
Coding: Words in strikegk type are deletions from existing law. Words underlined are
additions. 15
c. Trim
b.
Secondary
Trim
building
for
Secondary
trim
building
colors:
colors
are
used
to
accent
of smaller
areas,
colors:
are
colors
brightest
relate
group
larger
trim
areas and
shall be
limited
and
to the
colors
listed
in the
Wabasso
Corridor
Master
Color
List,
Secondary
building
colors
shall
not exceed
thirty
(30) percent
of the surface
area
of
any one
secondary
building
Use
building
(i.e..
facade
elevation.
and
These
colors
consist
colors.
of
a
mid-range
gold,
silver,
bronze,
chrome,
etc)
and use
of
garish
colors,
such
intensity
of
the base
building
colors
and complimentary
colors, and
fluorescent
Coding: Words in strikegk type are deletions from existing law. Words underlined are
additions. 15
c. Trim
Trim
for
trim
colors:
colors
are
used
accent
of smaller
areas,
are
the
brightest
group
of
colors
allowed,
and
include
all
base
building
secondary
building
Use
(i.e..
and
colors.
of metallic
colors
gold,
silver,
bronze,
chrome,
etc)
and use
of
garish
colors,
such
as
fluorescent
colors
(e.g.
hot
pink,
shocking
,ely
low, ,
are prohibited.
Trim
colors
shall
not
exceed
ten
(10) percent
of the
surface
area
of
any
one
building
facade
elevation.
Where
trim
colors
are
used
in
a
building
facade
sign,
the
trim
color
area of
the
facade
sign
shall
be
included
in
limitation
the
percentage
on the
trim
color
surface
area.
Coding: Words in strikegk type are deletions from existing law. Words underlined are
additions. 15
d. Roof colors (requirements for roofs that are visible -from a
roadway andlor residentially designated area): Metal roof colors
shall be limited to the colors listed in the Wabasso Corridor Master
Color List's "Metal Roof Colors." 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 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.
f Awning colors: Awning colors may include base buildingcolors
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.
The Wabasso Corridor Master Color List and the approved color board are the
same as for the SR 60 Corridor Plan, and shall be maintained by and made
available by -planning staff. The list can be mailed or faxed upon request.
(f) Special screening and lighting: Within the plan area, mechanical equipment
(ground, building, and roof mounted), including air conditioning units, pumps,
meters, walk-in coolers, and similar equipment shall be visually screened from
surrounding properties and roadways using architectural features, fencing, walls,
or landscaping.
In addition to required landscaping, all loading/unloading docking areas located
adjacent to residentially designated areas and/or roadways shall be provided with
a solid wall at least eight (8) feet in height above the loading area grade to buffer
Coding:
Words
in thfou
Natural
finish
from
law. Words
The
strike
are
listed
e.
underlined are
materials:
color
requirements
above
shall
not apply
16
to the
colors
of
true
natural
finish
materials
such as
brick,
stone,
terra
cotta,
concrete
roof
tiles, slate,
integrally
colored
concrete
mason1y
units,
copper,
and wood.
Colors
commonly
found
in natural
materials
are
acceptable,
unless
such material
has
been
artificially
colored
in a
manner
which
would
be contrary
to
intent
the
of these
requirements.
Black,
gray,
blue,
or extremely
dark
colors
for
brick,
concrete
masonry
units,
roofing, wood or
is
stone
prohibited.
(This
provision
shall
not prohibit
the use of
colors
for
natural
finish
roofing
materials
that
match those colors
Uproved
for
metal
roofs.)
f Awning colors: Awning colors may include base buildingcolors
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.
The Wabasso Corridor Master Color List and the approved color board are the
same as for the SR 60 Corridor Plan, and shall be maintained by and made
available by -planning staff. The list can be mailed or faxed upon request.
(f) Special screening and lighting: Within the plan area, mechanical equipment
(ground, building, and roof mounted), including air conditioning units, pumps,
meters, walk-in coolers, and similar equipment shall be visually screened from
surrounding properties and roadways using architectural features, fencing, walls,
or landscaping.
In addition to required landscaping, all loading/unloading docking areas located
adjacent to residentially designated areas and/or roadways shall be provided with
a solid wall at least eight (8) feet in height above the loading area grade to buffer
Coding:
Words
in thfou
type
deletions
from
law. Words
strike
are
existing
underlined are
additions.
16
adjacent
roadways and residential
sites from noises and
sights
associated
with
docks.
(fixtures)
such
as
such
Manmade opaque screens which are visible from any public or pri
mvate right-of-
way or street, or any residentially designated area, shall be constructed of a
material which is architecturally similar in design, color and finish to the principal
structure.
1. Screening
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 selarate
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 twenty -four-hour access.
ii
No advertising
will be allowed on
any exposed
amenity or facility
(fixtures)
such
as
such
as
benches
Coding:
The use
or trash containers.
in
and decorative
type
deletions from
site
law. Words
Screening of chain link fencing. Where chain link or similar
fencing is allowed to be used (e.g. around stormwater ponds), such
fencing shall be green or black and shall be located and landscaped
so as to visually screen the fencingfrom rom public view.
2. Lighting
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.
It is to avoid any annoyance to the neighbors from brightness orlg are.
Roadway
style
luminaries
(fixtures)
such
as
cobra
heads,
Coding:
The use
of thematic
in
and decorative
type
deletions from
site
law. Words
lighting
is
encouraged.
are
Low
lights
strike
of a modest
scale
can be used
along
and
with
like
feature
lighting
that
emphasizes
pack
and flood
light
luminaries
are
prohibited
17
where
the
plants, trees,
source
entrances,
and
exits.
Light
bollards
are
encouraged
along
from
a roadway,narking
pedestrian
paths.
area
and/or
The color
of the
light
designated
sources
(lamp)
should
area.
be consistent
Color
lighting
luminaries,
like
throughout
the
intensity
project.
of
site
(e.g.
high
pressure
poles,
and
the
shall be
limited
to
dark bronze,
black,
tungsten
or
darkrg_een
halogen)
(decorative
lighting
fixtures
fixtures
mounted
on
from
attached
to buildings
are exempt
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.
It is to avoid any annoyance to the neighbors from brightness orlg are.
Roadway
style
luminaries
(fixtures)
such
as
cobra
heads,
Coding:
Nema
in
thfough
type
deletions from
law. Words
are
strike
are existing
heads,
and
the
like
are
prohibited.
Wall
pack
and flood
light
luminaries
are
prohibited
17
where
the
light
source
would
be
visible
from
a roadway,narking
area
and/or
residentially
designated
area.
High
intensity
discharge
(e.g.
high
pressure
sodium,
metal
halide,
mercury
vapor,
tungsten
halogen)
lighting
fixtures
mounted
on
Coding:
Words
in
thfough
type
deletions from
law. Words
are
strike
are existing
underlined
additions.
17
buildings and poles higher than eighteen (18) feet above 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.
(g) US I and CR SIO landscape buffer: Within the plan area the following landscape
requirements shall apply:
(See Figures
F-12 and
F-13
at the end
of section
911.19)
All
(g) US I and CR SIO landscape buffer: Within the plan area the following landscape
requirements shall apply:
The county -wide landscaping requirements of LDR Chapter 926 shall
apply except as noted herein. The following landscape buffer shall be
provided along the entire length of a site's CR 510 and US 1 frontages,
except for approved driveways:
Buffer Width Minimum Planting/Berm
Requirements per 100 feet
20 feet or more 4 canopy trees
5 understory trees
Continuous hedge*: 1 '/z--2'/2
high at planting
Berm: 1 '/2--3 feet high*
15 feet 4.5 canopy trees
5.5 understory trees
continuous hedge*: 1 `/2--2 `/2 feet
high at planting
Berm: 1 '/2--2 '/z high*
Coding: Words in strike thrott type are deletions from existing law. Words underlined are
additions. 18
Increased
All
cavo-
tree
size.
canopy
trees required
under
normal
landscaping
and
buffering
requirements
and special
Wabasso
corridor
plan
requirements
for
projects
within
the
corridor shall
have a
minimum
height
of twelve (12)
feet
and
minimum
spread
of six
(6) feet at
time
of
planting_
Palm tree clusters
may
be
used
as canopy
trees
as specified
in the
have
landscape ordinance.
However,
such
palm trees
shall
a minimum
clear trunk
of twelve
(12)feet.
The county -wide landscaping requirements of LDR Chapter 926 shall
apply except as noted herein. The following landscape buffer shall be
provided along the entire length of a site's CR 510 and US 1 frontages,
except for approved driveways:
Buffer Width Minimum Planting/Berm
Requirements per 100 feet
20 feet or more 4 canopy trees
5 understory trees
Continuous hedge*: 1 '/z--2'/2
high at planting
Berm: 1 '/2--3 feet high*
15 feet 4.5 canopy trees
5.5 understory trees
continuous hedge*: 1 `/2--2 `/2 feet
high at planting
Berm: 1 '/2--2 '/z high*
Coding: Words in strike thrott type are deletions from existing law. Words underlined are
additions. 18
I Ic. V b
10 feet 5 canopy trees
6 understory trees
Continuous hedge*: 2 '/2--3 feet high at
planting
Berm: 1-4 '/z feet high*
*Note: The intent of the hedge and berm combination is to provide a visual screen
four (4) feet high above the grade of the project site parking area. Therefore, at the
time of a certificate of occupancy (CO) for the project site, the combination of
berming and hedging shall provide a four feet visual screen. Undulations in the
berm and corresponding hedge height are encouraged.
Hedge shrubs shall be planted no further apart than twenty-four (24) on center, in
a serpentine pattern along the length of the buffer strip. Berms shall have a slope
no steeper than three (3) 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 community development director or his
designee.
To provide a less formal appearance, clustering 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.
(h) Landscape buffer along other streets in the corridor: In addition to standard
Chapter 926 requirements for landscaping between rights -of --way and parking
areas, such landscape strips within the corridor must also contain two (2)
understory trees for every thirty (30) lineal feet of the required landscape strip.
(i) Landscape buffer along commercial/residential border: Within the corridor,
where compatibility buffer yards are required by Chapter 911 regulations, two (2)
additional understory trees per thirty (30) lineal feet of required buffer strip shall
be provided.
Coding: Words in strike threttgl3 type are deletions from existing law. Words underlined are
additions. 19
(See
Figures
F4
and
F-5
at end
of
section
911.18)
(h) Landscape buffer along other streets in the corridor: In addition to standard
Chapter 926 requirements for landscaping between rights -of --way and parking
areas, such landscape strips within the corridor must also contain two (2)
understory trees for every thirty (30) lineal feet of the required landscape strip.
(i) Landscape buffer along commercial/residential border: Within the corridor,
where compatibility buffer yards are required by Chapter 911 regulations, two (2)
additional understory trees per thirty (30) lineal feet of required buffer strip shall
be provided.
Coding: Words in strike threttgl3 type are deletions from existing law. Words underlined are
additions. 19
1
- -
. ..• N ;
- -IN.- -
- - -- -
. ... . . . .. . .
�- - - ;; W: ; .
-
Foundation
plantings
shall
be
required
such
as stated
strips, the
below
for
buildings
in
commercial
and
industrial
areas and
for
businesses
allowed
in residential
areas.
However,
for
industrial
and storage
buildings
located
in the
CH. IL.
and
IG zoning
districts,
foundation
planting
strips shall
be
fronting
exempted
for
sides
of buildings
not
on a
residentially
designated
area,
or public
road.
Reference
section
911.18(3)(c)3
regarding
exemptions xemptions
for
historic
buildings
and resources.
1. Along the front, sides and rear of buildings, the following foundation
planting landscape strips shall be provided in accordance with the building
height:
Building Height Foundation Planting Strip Depth'
Up to 12' high 5' depth
12' to 25' high 10' depth
Over 25' high 15' depth
'A distance measured12erpendicular to the building, from the foundation
outward
a. Forty (40) percent of the foundation perimeter (excluding
entranceways and overhead doors) along all building faces shall be
landscaped, as follows:
*For buildings up to 12 in height
Coding: Words in strtl'l thrott type are deletions from existing law. Words underlined are
additions. 20
foundation
2. Within
such
planting landscape
strips, the
following
a. Forty (40) percent of the foundation perimeter (excluding
entranceways and overhead doors) along all building faces shall be
landscaped, as follows:
*For buildings up to 12 in height
Coding: Words in strtl'l thrott type are deletions from existing law. Words underlined are
additions. 20
Minimum planting area depth: 5'
Minimum plant material required: * 1 palm tree or appropriate canopy tree for
every 10 lineal feet of planting strip
clustered
* 1 understory tree for every 20 lineal feet of
required planting strip
*3 shrubs for every 10 square feet of required
planting area
*Ground cover, flowering plants or sod in the
remainingplantingarea
*For buildings of 12' to 25' in height
Minimum planting area depth: 10'
Minimum planting material required: * 1 canopy tree for every 10 lineal feet of
required planting strip (3 palms with a
minimum height of 12' each may be
substituted for each canopy tree)
* 1 understory tree for every 20 lineal feet of
required planting strip
*3 shrubs for every 10 square feet of required
planting area
*Ground cover, flowering plants or sod in the
remaining planting area
*For buildings over 25' in height
Minimum planting area depth: 15'
Coding: Words in strike -thfott type are deletions from existing law. Words underlined are
additions. 21
T
Minimum plant material required: * 1 canopy tree for every 7 lineal feet of
required planting strip Q palms with a
minimum height of 16' each may be
substituted for each canoly tree)
* 1 understory tree for every 10 lineal feet of
required planting area
*3 shrubs for every 10 square feet of required
planting area
*Ground cover, flowering plants or sod in the
remaining planting area
b. The following modifications are allowed upon approval from the
community development director or his designee:
1.
Foundation
be located
from
(See Figure
planting
strips
may
away
F-10
buildings
to
the
end of section
911.19)
avoid
conflicts
with architectural
features (e.g.,
roof overhangs),
driveways,
and
vehicular
areas
serving drive
-up
windows.
2. 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 a typical
layout.
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 one hundred (100) percent increase (doubling) in required
plant material quantities (as specified above),
(k) Landscape planting theme requirements: All property adjacent to US 1 and CR
510 within the corridor has been placed into one of four (4) landscaping theme
categories. Within each theme category, required landscape plantings shall be
limited to certain species, as specified below, with the exception that sod, annuals,
or hardscape may be used in groundcover areas.
Coding: Words in strtke thrott type are deletions from existing law. Words underlined are
additions. 22
(See Figure
F-7 through
F-10
at
the
end of section
911.19)
(k) Landscape planting theme requirements: All property adjacent to US 1 and CR
510 within the corridor has been placed into one of four (4) landscaping theme
categories. Within each theme category, required landscape plantings shall be
limited to certain species, as specified below, with the exception that sod, annuals,
or hardscape may be used in groundcover areas.
Coding: Words in strtke thrott type are deletions from existing law. Words underlined are
additions. 22
L Formal Palm theme: CR 510 between Massey Road and the eastern foot
of the bridge:
Street tree: (Canopy, Min. 8 foot clear trunk)
Washington robusta Washington Palm
Supporting shade tree: (Canopy, Min. 12 to 14 foot height by 646ot spread)
Quercus virginiana Live Oak
Accent trees: (Understory, Min. 8 foot height by 4 to 6 foot spread)
Ligustrum lucidum Tree Ligustrum
Nerium oleander Oleander tree
Wax Myrtle
Myrica cerifera
Shrubs: (Min. 24 inch height)
Nerium oleander Oleander
Coding: Words in strtite &ffottgft type are deletions from existing law. Words underlined are
additions. 23
IN '
Myrica cerifera Wax Myrtle
Ligustrum lucidum Ligustrum
Viburnum suspensum Sandankwa Viburnum
Coccoloba uvifera Seagrape
Livistona chinensis Chinese Fan Palm
Groundcover: (Min. 10 to 12 inch height)
Raphiolepis indica Indian Hawthorn
Ilex vomitoria Yaupon Holly
Liriope muscari "Evergreen Giant" Evergreen Giant Liriope
Pittosporum tobira "variegata" Variegated Pittosporum
Pittosporum tobira Green Pittosporum
Ixora "Nora Grant" Nora Grant Ixora
Carissa grandiflora Natal Plum
Coding: Words in strike thffou type are deletions from existing law. Words underlined are
additions. 24
2. Informal Palm
theme:
SR AIA/CR
510
intersection
to the
west eastern
foot
the bridge:
of
Coding: Words in strike thffou type are deletions from existing law. Words underlined are
additions. 24
Street trees: (Canopy, 10 to 16 foot clear trunk)
Washingtonia robusta Washington Palm
Sabal palmetto Cabbage Palm
Supporting shade tree: (Canopy, 12 to 14 foot height)
Quercus virginiana Live Oak
Accent trees: (Understory, Min. 8 foot height by 4 to 6 foot spread)
Nerium oleander Oleander Tree
Myrica cerifera Wax Myrtle
Ligustrum lucidum Tree Ligustrum
Shrubs: (Min. 24 inch height)
Coding: Words in strike thfou type are deletions from existing law. Words underlined are
additions. 25
Scaevola Inkberry
Nerium oleander Oleander
Elaeagnus Silverthorn
Myrica cerifera Wax Myrtle
Ligustrum lucidum Ligustrum
Viburnum suspensum Sandankwa Viburnum
Tripsacum dactyloides Fakahatchee Grass
Coccoloba uvifera Seagrape
Groundcover: (Min. 10 to 12 inch height)
Lantana Lantana
Liriope muscari "Evergreen Giant" Evergreen Giant Liriope
Carissa grandiflora Natal Plum
Pittosporum tobira "variegata" Variegated Pittosporum
Ilex vomitoria Yaupon Holly
Raphiolepis indica Indian Hawthorn
Coding: Words in strike thrott type are deletions from existing law. Words underlined are
additions. 26
3. Formal Oak theme: US 1 from 84th Street north to Bridge Boulevard
(87th Street); CR 510 between FEC Railroad and Massey Road:
Street trees: (Canopy, Min. 14 foot height by 6 to 6 foot spread 2 '/2-m3 inch cal.)
Quercus laurifolia Laurel Oak
Quercus virginiana Live Oak
Accent trees: (Understory, Min. 8 foot height by 4 to 6 foot spread)
Lagerstroemia indica Craepe Myrtle
Myrica cerifera Wax Myrtle
Ligustrum lucidum Tree Ligustrum
Ilex attenuata "East Palatka" East Palatka Holly
Nerium oleander Oleander Tree
Shrubs: (Min. 24 inch height)
Viburnum suspensum Sandankwa viburnum
Coding: Words in strike thsottg4t type are deletions from existing law. Words underlined are
additions. 27
Ligustrum lucidum Ligustrum
Viburnum odoratissimum Sweet Viburnum
Myrica cerifera Wax Myrtle
Groundcover: (Min. 10 to 12 inch height)
Raphiolepis indica Indian Hawthorn
Ilex vomitoria Yaupon Holly
Liriope muscari "Evergreen Giant" Evergreen Giant Liriope
Hemerocallis spp. Daylily
Juniper chinensis "parsonii" Parson's Juniper
Hymenocallis latifolia Spider Lily
Ixora "Nora Grant" Ixora Nora Grant
4. Informal native theme: CR 510 west of FEC Railroad; US 1 (81 st Street to
84th Street); US 1 (87th Street to 95th Street):
Street trees: (Canopy, 10 to 16 foot height)
Coding: Words in strtke thffou type are deletions from existing law. Words underlined are
additions. 28
Pinus elliottii Slash Pine
Quercus virginiana Live Oak
Quercus laurifolia Laurael Oak
Sabal palmetto Cabbage Palm
Accent trees: (Understory, Min. 8 foot height by 4 to 6 foot spread)
Ilex cassine Dahoon Holly
Myrica cerifera Wax Myrtle
Ligustrum lucidum Tree Ligustrum
Lagerstroemia indica Creepe Myrtle
Ilex attenuata "East Palatka" East Palatka Holly
Shrubs: (Min. 24 inch height)
Crinum spp. Crinum Lily
Elaeagnus pungens Silverthorn
Coding: Words in strtke thfott type are deletions from existing law. Words underlined are
additions. 29
Syzgium paniculata "myritifolia" Eugenia myritifolia
Livistona chinensis Chinese Fan Palm
Myrica cerifera Wax Myrtle
Philodendron selloum Philodendron
Viburnum odoratissimun Sweet Viburnum
Viburnum suspensum Sandankwa Viburnum
Groundcover: (Min. 10 to 12 inch height)
Nephrolepis Swordfern
Liriope muscari "Evergreen Giant" Evergreen Giant Liriope
Hymenocallis Latifolia Spider Lily
Pittosporum tobira "Variegate" Variegated Pittosporum
Lantana Lantana
Juniperus chinensis "parsonii" Parson's Juniper
Dietes vegeta African Iris
Coding: Words in strike thfou type are deletions from existing law. Words underlined are
additions. 30
(4) Review of development projects by Wabasso task force members. The Board of
County Commissioners shall appoint a group of task force members, participants, and design
professionals (up to 6 persons) to be known as the "Wabasso on-going review task force".
Members of the on-going review task force `z r..L. sse Gerridar Task Foree are authorized to
review and comment on development project proposals within the Wabasso Corridor. Task force
members will be notified by planning staff regarding pre -application conferences and TRC
meetings at which proposals for development within the corridor are reviewed and commented
upon.
Staff and on-going review task force members will work with
applicants to ensure that every effort is made to save protected trees. No protected trees shall be
removed unless it is absolutely necessary to accommodate a proposed site plan. In addition, staff
and `ask F. ree memb � will encourage developers to follow the voluntary architectural
guidelines found in the Wabasso Corridor Plan.
(5) Special regulations for administrative approval, minor site plan projects. In the
Wabasso Corridor plan area, non-residential and mixed use development and re -development
that requires administrative approval or minor site plan approval shall comply with the
previously described special regulations for new major development, within the administrative
approval or minor site plan project's area of development/redevelopment. The project's area of
development/redevelopment is 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. As an example, a small building addition that requires additional parking spaces
would result in a project area of development/redevelopment that includes the addition and the
parking lot addition and adjacent required landscape areas.
In addition, within the Wabasso corridor plan area the following non -conformities
regulations shall apply:
Ua.) Nonconforming property: It is the intent of this chapter to allow nonconforming
properties to continue, but also to encourage their conformity to what shall be
referred to as a "compatible property." A "compatible property" shall be
considered in compliance with the intent of the Wabasso Corridor special
regulations. For the purposes of the Wabasso Corridor special regulations,
"compatible property" is defined as my property with improvements permitted
Coding:
Non
in
thrott
type
deletions
from
Within
law. Words
Wabasso
Corridor
strtke
Plan
existing
underlined are
legally
(6)
additions.
-conformities:
1
31
the
area,
established
existing
development
and
uses that
do not comply
with these
special regulations
are
-in
under
the
countywide
nonconformities
regulations
of
LDR
Chapter
904.
All
grandfathered
nonconforming
uses and
structures
are governed
by
the LDR
Chapter 904
regulations.
In addition, within the Wabasso corridor plan area the following non -conformities
regulations shall apply:
Ua.) Nonconforming property: It is the intent of this chapter to allow nonconforming
properties to continue, but also to encourage their conformity to what shall be
referred to as a "compatible property." A "compatible property" shall be
considered in compliance with the intent of the Wabasso Corridor special
regulations. For the purposes of the Wabasso Corridor special regulations,
"compatible property" is defined as my property with improvements permitted
Coding:
Words
in
thrott
type
deletions
from
law. Words
strtke
are
existing
underlined are
additions.
1
31
prior to adoption of these
special
regulations
that conform to the US
1 and
CR 510
landscape buffer,
color, and signage
requirements of these special regulations.
Continuance of nonconformingj2roperU: A nonconforming_ property may be
continued, subject to the following_ provisions:
1. Use of nonconforming structures abandoned for a period of twelve (12) or
more consecutive months (cross-reference LDR section 904.08) 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 twelve (12) 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 Wabasso
special color regulations.
4. Projects on nonconforming properties requiring a building permit
(excluding" permits for roofs or minor repairs or improvements required by
law) 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,
required for the enlargement or addition.
(7) Variances.
(a) Variances from these special corridor regulations shall be processed pursuant to
the procedures and timeframes of Section 70.001, Florida Statutes. The planning
and zoning commission shall recommend variances to the board of county
commissioners for final action.
(b) The planning and zoning commission is authorized to propose settlements of
claims under Chapter 70, Florida Statutes, through any means set out in Section
70.001(4)(c).
(c) Criteria. The planning and zoning commission shall not approve a variance or
other proposal for relief unless to it finds the following:
Coding: Words in strike thrott type are deletions from existing law. Words underlined are
additions. 32
The corridor regulation directly restricts or limits the use of real property
such that the property owner is permanently unable to attain the
reasonable, investment -backed expectation for the existing use of the real
property or a vested right to a specific use of the real property with respect
to the real property as a whole; or
I That the property owner is left with existing or vested uses that are
unreasonable such that the property owner bears permanently a
disproportionate share of a burden imposed for the good of the public,
which in fairness should be borne by the public at large; and
3. The relief granted protects the public interest served by the regulations at
issue and is the appropriate relief necessary to prevent the corridor
regulations from inordinately burdening the real property.
(8) Voluntary guidelines.
(a) Residential
subdivisions
within
the
planning
area
are encouraged
to adhere to the
sign and
landscape
buffer requirements
along
U.S.
1 and
CR 510.
(b) The following voluntary architectural guidelines are established to encourage,
through private and public investment, the development of the Wabasso Corridor
as a cohesive, functional and aesthetic whole. The guidelines contain standards
addressing components of the physical development of structures in the corridor.
Based upon location, history, environmental attributes, historic resources and
character, these guidelines reflect an architectural theme using elements found
throughout Florida's past, referred to as "Old Florida" style.
General criteria. Besides defining the community's low density, low rise
character, building heights should relate to open spaces to allow sufficient
light and ventilation, effective use of prevailing winds for cooling,
enhancement of views and minimizing the obstruction of views to
adjoining structures and other locations.
Buildings should be designed to lessen the appearance of excessive bulk.
Ostentatious or overly -prominent building shapes that are out of harmony
in context with their visual environment, including adjacent structures and
the landscaped framework, are discouraged.
The surfaces of enclosing walls of large-scale commercial structures
should incorporate elements relating to the scale of pedestrian movement
and view. Vertical enclosing walls should be sub -divided into clearly
visible bays, each a minimum of sixty (60) feet in width.
Coding: Words in strike tbrott type are deletions from existing law. Words underlined are
additions. 33
a. Textured surfaces;
b. Scored joints;
c. Surface articulation or subdivision of vertical surfaces into distinct
areas;
d. Rhythmic use of openings (doors, windows, etc.);
e. Scale and proportion of facade;
f. Use of signage to establish scale and proportion;
g. Installation of landscape elements in front of walls to break up long
wall expanses and sloped or otherwise articulated roof lines to
develop visual interest at the roof level.
2. Specific criteria.
a. Roofs: The use of vernacular materials such as standing seam metal
or wood shake shingles is encouraged. Roof pitch should range
from 8:12 to 12:12 for primary roofs, and lower pitch for arcades
or overhangs.
b. Doors/windows: Doors and windows should be symmetrical in
placement, and should be true divided lite [light]. Casing trim
should be four (4) to six (6) inches and workable shutters sized to
fit windows are encouraged.
Siding:
Siding
e. Cornice
The use
of
the following
be
devices
for
establishing
exposed
c.
should
scale
is encouraged:
shake.
a. Textured surfaces;
b. Scored joints;
c. Surface articulation or subdivision of vertical surfaces into distinct
areas;
d. Rhythmic use of openings (doors, windows, etc.);
e. Scale and proportion of facade;
f. Use of signage to establish scale and proportion;
g. Installation of landscape elements in front of walls to break up long
wall expanses and sloped or otherwise articulated roof lines to
develop visual interest at the roof level.
2. Specific criteria.
a. Roofs: The use of vernacular materials such as standing seam metal
or wood shake shingles is encouraged. Roof pitch should range
from 8:12 to 12:12 for primary roofs, and lower pitch for arcades
or overhangs.
b. Doors/windows: Doors and windows should be symmetrical in
placement, and should be true divided lite [light]. Casing trim
should be four (4) to six (6) inches and workable shutters sized to
fit windows are encouraged.
d. Porches/arcades: The use of wide overhangs which create porch or
arcade -like features is strongly encouraged. For instance,
commercial buildings should provide front walkways which are a
minimum of ten (10) feet wide. This width accommodates two (2)
to three (3) abreast pedestrian traffic while allowing for entrance
door swing area. Awnings are also encouraged to add color and
textural interest to buildings.
Siding:
Siding
e. Cornice
detailing:
Open
be
horizontal
boards
exposed
c.
should
wood
or vertical or
shake.
d. Porches/arcades: The use of wide overhangs which create porch or
arcade -like features is strongly encouraged. For instance,
commercial buildings should provide front walkways which are a
minimum of ten (10) feet wide. This width accommodates two (2)
to three (3) abreast pedestrian traffic while allowing for entrance
door swing area. Awnings are also encouraged to add color and
textural interest to buildings.
f. Lighting: The use of thematic lot lighting and signage is
encouraged.
Coding: Words in strike thfou type are deletions from existing law. Words underlined are
additions. 34
e. Cornice
detailing:
Open
tails
exposed
rafter are encouraged.
f. Lighting: The use of thematic lot lighting and signage is
encouraged.
Coding: Words in strike thfou type are deletions from existing law. Words underlined are
additions. 34
1
I Piers, Docks, and Boatslips Definition Revisions of LDR Chapter 901
Pier,
private
observation/
The following
a structure
extending
definitions
in, on and/or
of
Chapter
waters
901
are hereby
modified
or
established
as
follows:
is
for
Pier,
private
observation/
ishing
a structure
extending
in, on and/or
over
waters
of the
is
for
fishing,
state
which
use
specifically
swimming,
or other
water
dependent
activities.
A fishing
pier shall
not
include
a
dock or
a public
pier,
as defined
in
this
section,
and
be
designed
built
in
shall
and
a
manner that
prohibits
the mooring
or
launching
of a
boat.
A private
observation/fishing12ier
cannot
be rented,
leased,
or sold
to
a party
unless
said
leases,
party
rents,
or
buys
the
adjacent
upland
propea
Pier, public a structure extending in, on, or over waters of the state, which is used by the
general public primarily for fishing, swimming or-viewin , wildlife observation, or other
water dependent activities. A public pier shall not include a dock, as defined herein in
this section and shall be designed and built in a manner that prohibits the mooring or
launching of a boat. A public pier is built, used, operated, or owned by a governmental
entity.
Main access pier the walkway which connects a riparian owner's property to a terminal
platform. The main access pier is not used to moor a boat.
Terminal platform that part of a dock or pier, including finger piers, that is connected to
the main access pier, is located at the terminus of the facility, and is designed to secure
and load or unload a boat on docks, or conduct other water -dependent activities on piers.
The terminal platform does not include the main access pier.
Water dependent activity an activity which can only be conducted on, in, over, or adjacent
to, water areas because the activity requires direct access to the water body for
transportation, recreation, energy production or transmission, or source of water and
where the use of the water is an integral part of the activit3L
I Piers, Docks, and Boatslips Revisions to LDR Section 932.07
Section 932.07 of the LDR is hereby amended as follows:
(1) Restrictions upon regularly moored watercraft; maintenance. Watercraft shall not be
regularly moored along any shore without consent of the riparian land owner. Regularly
moored watercraft shall not be used as live -aboard vessels, offices or commercial
enterprises except in commercial marinas with approval and facilities for that purpose.
Regularly moored watercraft shall be kept in seaworthy condition when not in a permitted
repair area. The mooring of live -aboard vessels (as defined in Chapter 901) in
commercial marinas shall be limited to those boat slips designated for live -aboard vessels
use on an approved site plan meeting the provisions described in section 971.35(3).
(2) Location of boatslips. Boatslips shall be permitted only as a wet storage area adjacent
to a dock, marina, boat livery, or boat yard. Boat slips shall not encroach upon a riparian
Coding: Words in strike thfott type are deletions from existing law. Words underlined are
additions. 35
side yard setback as determined by the applicable zoning side yard setback of the zoning
district in which the project is located, as extended waterward from the adjacent upland.
No portion of a watercraft moored at such boatslip shall project into the extended riparian
side yard setback, unless necessary to allow the utilization of riparian rights.
(3) Projection of waterfront structures.
(a) Unwalled hmt shelters. Unwalled bay shelters may be erected over boatslips
associated with docks or over the terminal platform associated with private
observation/fishing piers and public piers; however, no part of such shelter may be
erected beyond the shoreline unless the following conditions are met:
1. The applicant shall provide a detailed inventory of sea grasses and
submerged aquatic vegetation in the area to reviewing county staff,
2. The applicant must demonstrate that the unwalled berat shelter does not
adversely impact light-sensitive aquatic resources such as sea grasses;
3. The combined total surface area of the unwalled boat shelter and the
terminal platform of the associated dock, private observation/fishing pier,
or public pier shall not exceed Florida Department of Environmental
Protection (FDEP) size
limitations where such structures are located in an aquatic preserve,
provided that in no case, however, shall the surface area covered by an
unwalled boat shelter exceed four hundred (400) square feet on a dock or
one hundred six1y(160) square feet on a private observation/fishing pier;
and
4. The height of the unwalled boat shelter shall not exceed twenty (20) feet
above the mean high water line.
(b) Extension of docks, public piers, and private observation/ rshiag piers in
waterways; generally.
1. Docks and piers, including tie -off piles, mooring or dolphin poles, and
public piers shall not project outward from the shore more than twenty-five (25)
percent of the width of the waterway at a point where they are located. The
outward projection of a dock and associated structures shall be measured from the
water's edge at mean low tide. The location, dimensions, and structural character
of all structures shall be in conformity with applicable federal and state
jurisdictional agency regulations.
2. Private observation/fishing piers shall not project outward from the shore
more twenty-five (25) percent of the width of the waterway at anoint where the
fishing_pier is located, or 35' beyond the shoreline, whichever is less. The outward
projection of an observation/fishing pier shall be measured from the water's edge
Coding: Words in strtke through type are deletions from existing law. Words underlined are
additions. 36
at mean low tide. The location, dimensions, and structural character of all
structures shall be in conformity with applicable federal and state jurisdictional
agency regulations.
(c) [Exceptions.] Application of paragraphs in "b" above shall not result in a
unobstructed waterway of less than twenty-five (25) feet in width (twelve and
one-half (12 %) feet either side of the waterway centerline).
(4) Riparian side yard setback encroachment prohibited. No dock, pier • boat shelter or
other waterfront structure may encroach on a required riparian side yard setback as
extended waterward for the zoning district in which the project is located, unless such an
encroachment is necessary for the utilization of riparian rights. Notwithstanding, an
applicant shall have an opportunity to apply for an administrative approval to construct a
water front structure within a riparian side yard setback, under the following
circumstances.
(a) Shared facilities. Adjoining property owners desiring to share dock/boat slip
facilities may apply for administrative approval pursuant to the provisions of
Chapter 914. The applicants shall provide a detailed plan showing the dock
location and configuration and all aquatic and shoreline vegetation. If approved,
shared facilities may allow for up to four (4) or less boat slips without being
considered multi -slip facilities. The applicant(s) shall also provide written
conformation of a recorded access easement which verifies joint access to the
proposed structure. Adjoining property owners sharing dock boat/slip facilities
shall not be permitted to construct additional, separate dock/boat slip facilities
prior to the removal of the existing structure. Encroachment of the shared facility
may only occur with regards to the adjoining property owner's shared lot lines.
(b) Hardships. In cases where lot configurations may create a hardship as applied to
riparian side yard setback encroachment of single-family dock/boat slips, the
applicant may apply for administrative approval pursuant to the provisions of
Chapter 914. The applicant shall provide a detailed plan indicating the nature of
the hardship as well as the proposed dock location, specifications and any aquatic
or shoreline vegetation. County staff shall notify any affected adjacent property
owner, as applicable, of the pending application. In all cases, the proposed
encroachment shall be the minimum necessary to allow for the desired use.
(c) Environmental constraints. In cases where environmental conditions on a subject
property are such that the location of a dock or other waterfront structure within a
riparian side yard setback would afford the best protection of on-site natural
resources, an applicant may apply for and be granted an administrative approval
pursuant to the provisions of Chapter 914. Natural resources that warrant riparian
side yard setback encroachment consideration for protection purposes include
mangroves and submerged aquatic vegetation.
Coding: Words in strtite ffiratt type are deletions from existing law. Words underlined are
additions. 37
(5) Environmental impact considerations. Piers, docks, boat shelters, and other waterfront
structures shall be located in order to minimize negative impacts on shoreline vegetation
and marine grassbeds, as applicable. On riparian property where the location of a
waterfront structure over or in the vicinity of light-sensitive aquatic vegetation (such as
sea grasses) is unavoidable, such structure (or portion thereof) shall be constructed a
minimum of five (5) feet above the mean high water level where said aquatic vegetation
exists or could potentially exist, as determined by county environmental planning staff.
Said determination shall be based on staff review of seagrass inventory information and
site specific conditions.
(6) Design
Prohibition
and
construction
of
characteristics
of observation/
ishing
piers.
All
private observation/fishing
National
Wildlife
piers shall
-
be constructed to the
following
No
design
fishing
be
built
private
pier shall
permitted,
authorized,
or
characteristics:
the
The main access pi
Uer shall not exceed four (4) feet in width.
The terminal platform shall not exceed 160 square feet in area and shall not be
used for dockingaboat.
The water depth at the outermost projection of the private observation/fishing_pier
shall not exceed two feet mean high water (MHM.
{ Handrailing, built to Southern Building Code standards, shall be installed around
that portion of the perimeter, of the observation/fishing pier, that extends
waterward of the mean high water line.
U That portion of the fishing pier that extends waterward of the mean high water
line shall be elevated at least five feet above the mean high water line, as
measured from the top of the decking material. This elevation shall apply to both
the main access pier as well as the terminal platform. The purpose of the
elevation is to reduce or eliminate the potential for mooring of boats at the
observation/fishing pier.
"No Mooring" signs shall be installed on opposite sides of the main access pier
and on the end of the terminal platform facing waterward (i.e., three signs in
total). Lettering_ shall be no less than four (4) inches high and no greater than six
(66) inches high.
4. REPEAL OF CONFLICTING PROVISIONS
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 which conflict with the provisions of this
ordinance are hereby repealed to the extent of such conflict.
Coding: Words in strike thratt type are deletions from existing law. Words underlined are
additions. 38
Prohibition
of
private
observation)
tshingpiers
in the Pelican
Island
National
Wildlife
Refuze.
No
fishing
be
built
private
pier shall
permitted,
authorized,
or
within
the
Pelican
Island
National
Wildlife
Refuge.
4. REPEAL OF CONFLICTING PROVISIONS
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 which conflict with the provisions of this
ordinance are hereby repealed to the extent of such conflict.
Coding: Words in strike thratt type are deletions from existing law. Words underlined are
additions. 38
5. CODIFICATION
The provisions of this ordinance 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.
6. SEVERABILITY
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 legislative intent to pass this
ordinance without such unconstitutional, invalid or inoperative part.
7. EFFECTIVE DATE
The provisions
of this ordinance
shall become
effective upon filing
with the Department
of State.
Tippin
Approved and adopted by the Board of County Commissioners of Indian River County,
Florida on this 28th day of September, 1999.
This ordinance was advertised in the Vero Beach Press -Journal on the 10th day of
A p r i l 1999, and on the 26th day of April , 1999, and on the 17 t h
day of S e p t e m b P r , 1999, for public hearings to be held on the 19t day of
A p r i l , 1999, and on the 4 t h day of M a _y , 1999, and on the 2 8 t h
day of September , 1999 at which time at the final hearing it was moved for adoption by
Commissioner Adams , seconded by Commissioner
G i nn , and adopted by the following vote;
The ordinance was adopted by a vote of :
Chairman Kenneth R. Macht
Vice Chairman Fran B. Adams
Commissioner Ruth Stanbridge
Commissioner Caroline D. Ginn
Coding: Words in strike thrott type are deletions from existing law. Words underlined are
additions. 39
Commissioner John
W.
Tippin
Coding: Words in strike thrott type are deletions from existing law. Words underlined are
additions. 39
jr. ..
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY af' ± , C, ,•;'t.
By / Ile?
s
enneth R. Maclit; Chairman
ATTEST BY. �. n
Vmole gment by the Department of State of the State of Florida this / 'day of
1999. 179.
Effective Date: Filed with the Department of State on the �/ day of ,
1999.
William G. Collins
Deputy County Attorney
Robert M. Keating, AI P
Community Development Dctor
u\d\ord1ance\wabp1er2. ord
Coding: Words in strtke Hirott type are deletions from existing law. Words underlined are
additions. 40