HomeMy WebLinkAbout1996-24lit
ORDINANCE NO. 96- 24
AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA AMENDING THE
LAND DEVELOPMENT REGULATIONS (LDRS) CHANGING THE LIST OF
PERMITTED USES WITHIN THE CL ZONING DISTRICT, AND
AMENDING THE FOLLOWING CHAPTERS OF THE LAND DEVELOPMENT
REGULATIONS (LDRS): CHAPTER 911, ZONING, CHAPTER 912,
SINGLE FAMILY DEVELOPMENT; CHAPTER 913, SUBDIVISIONS AND
PLATS; CHAPTER 953, FAIR SHARE ROADWAY IMPROVEMENTS;
CHAPTER 954, OFF-STREET PARKING, CHAPTER 971, REGULATIONS
FOR SPECIFIC LAND USE CRITERIA; AND PROVIDING FOR REPEAL
OF CONFLICTING PROVISIONS, CODIFICATIONS, 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. MODIFICATIONS TO EXTEND LAND DEVELOPMENT PERMIT AND
PRELIMINARY PLAT APPROVAL TIMEFRAMES:
a. Land Development Permits
Section 913.07(5)(J) of the subdivision ordinance is
hereby amended as follows:
development permit shall be valid for a period of five
(5) years or the period of time covered by the approved
preliminary plat with which the permit is associated,
whichever is less. During the period of time that the
permit is valid, construction of subdivision improvements
may occur in accordance with the issued permit, subject
to the developer maintaining valid jurisdictional agency
and department permits required for various activities
(e.g. utility permits).
If the initial land development permit (or a subsequent
land development permit) expires and further construction
of subdivision improvements is necessary, then the
developer shall either.
1. Apply for and obtain a new land development permit,
or
2. Apply to the public works director or his designee
for an extension of the land development permit.
Said extension request may be granted by the public
works director or his designee for a specified
period of time if:
b. Staff determines that no substantial re -design
of the project would be necessary if a new
permit were to be applied for and obtained.
Coding: Words in PowegeirmaeffiMMI type are deletions from existing law.
Words underlined are additions.
a.
The request
is submitted
in
writing
prior to
expiration
of the permit,
and
b. Staff determines that no substantial re -design
of the project would be necessary if a new
permit were to be applied for and obtained.
Coding: Words in PowegeirmaeffiMMI type are deletions from existing law.
Words underlined are additions.
ORDINANCE N0. 96- 24
b. Preliminary Plat Approvals
Section 913.07(4)(J) & (K) of the subdivision ordinance
is hereby amended as follows.
(J) Time limit.
The preliminary plat approval shall be valid for a
period of - . -- • five (5) years from
the date it is approved by the Planning and Zoning
Commission or, if appealed, when approved by the
Board of Countv Commissioners. M -••
Notwithstanding these limitations, an applicant may
intentionally phase a project (multiple phases)
with specific development timeframes that are
approved as part of the preliminary plat
application request. Development phasing may not
cover a period exceeding twenty (20) years.
Preliminary plat approval for a multi -phased
project may exceed the five (5) year time limit
referenced above if the first phase of the project
is constructed, and inspected by the county and
verified as complete within five (5) vears from the
Preliminary plat approval will lapse if the
approved phase timeframes are exceeded, unless
extended by the Planning and Zoning Commission as
Drovided for in section 911.07(4)(k). below.
Modifications
to
Extend Approved
Schedules
for Multi
-
Phased
Projects.
Modifications
to
extend
approved
schedules
for multi
-phased
projects may
be approved
by
the
Planning
and
Zoning Commission
if
the Planning
and
Zoning
Commission
determines
that no
substantial
re-
design
of
the
project
would
be necessary
if
the
regulations
in
effect
at
the time of
the
extension
request
were
to
be
applied to
the
project.
The
Planning
and Zoning
Commission
may attach
conditions
to
a schedule
extension
approval.
Under
no circumstances
may a
schedule
be
modified
so as to
cover a period
of
more
than
twentv
(20)
vears
from the
oriainal date
of
Dreliminary
Coding: Words in • • -. • type are deletions from existing law.
Words underlined are additions.
2
ORDINANCE NO. 96- 24
RESTATEMENT OF UTILITY SHED SETBACK.
Section 912.07(b)6.3 of the single family ordinance is hereby
amended to read as follows.
j. Utility buildings. Utility buildings or sheds of one
hundred (100) square feet or less may be located within
a required side or rear yard, provided a minimum of five
(5) feet is maintained from the side or rear property
line and the utility building or shed is clear of all
easements. Only one such utility building or shed may be
allowed to encroach into a required yard on a single lot
or parcel of land. A utility building or shed (one
hundred (100) square feet or less) that is to be located
to within five (5) feet of a side or rear property line
shall be located no closer than ten (10) feet to the
principal structure and shall not exceed the height of
the principal structure. (Refer to Chapter 917
regulations for accessory storage buildings.)
MEDICAL HANDICAP PARKING
Section 954.05(36) of the off-street parking ordinance is
hereby amended to read as follows:
and outpatient clinics,
space per one hundred and
't of aross floor area.
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Words underlined are additions.
3
(36)
Medical
and
dental
offices
General
requirement
of one (1)
seventv-five
(175)
sauare fE
and outpatient clinics,
space per one hundred and
't of aross floor area.
Coding: Words in • • -• . type are deletions from existing law.
Words underlined are additions.
3
ORDINANCE NO. 96- 24
4. ACCESSORY DWELLING UNIT CONCURRENCY CRITERION
Section 971.41(10)(e)12. of the specific land use criteria
ordinance is hereby amended to read as follows:
An accessory dwelling unit shall be treated
as a multi -family unit for traffic impact fee and traffic
concurrency purposes, and the concurrency requirements of
Chapter 910 for a multi -family unit shall be satisfied.
5. "FUELING POSITION" LDR CHANGES
The "Gas Stations" category wording in the fee schedule table
at the end of Chapter 953, Fairshare Roadway Improvements, is
amended to read as follows:
Type of Land Development Activity
Gas Stations (per • • fueling positions)....
[Editor's Note: no changes to TIF rates are proposed]
6. ALLOWING CARWASHES IN THE CL DISTRICT
Amend a portion of the section 911.10(4) use table, as
follows:
PRO OCR MED CN CL CG CH
Automotive Dealers and
Services
New and used cars - - - - - P P
dealers
Used vehicle sales - - - - - S A
Auto and home - - - - P P P
supply stores
Gasoline service - - - - A P P
stations
Boat sales and - - - - - A P
rentals
Recreational - - - - - A A
vehicle sales
Motorcycle dealers - - - - - P P
Automotive fuel - - - A A P P
sales
Commercial marina - - - - - A P
Marine repair and - - - - - A P
service
Coding: Words in LiL -• • type are deletions from existing law.
Words underlined are additions.
4
A
r
ORDINANCE N0. 96-24
PRO OCR MED CN CL CG CH
Auto Repair, Services
and Parking
Automotive rentals - - - - - P P
Automobile parking - - - - - P P
and storage
Body and paint - - - - - - P
shops
General automotive - - - - - P P
repair
Carwashes no - - - - P P P
repairs
Automotive fluid - - - - A A P
sales and services
(other than
gasoline)
P = Permitted Use,
A = Administrative Permit Use,
S = Special Exception Use
7. WABASSO CORRIDOR PLAN LDR
Chapter 911 of the zoning ordinance is hereby amended to
establish section 911.18, as follows:
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
unconqested roads, and by a mix of uses including large
and small businesses and a variety of residential
options.
Coding: Words in . . -. . type are deletions from existing law.
Words underlined are additions.
5
Section 911.18 Wabasso
Corridor Regulations
(1) Purpose and Intent
The
overall
intent
these
is
to:
purpose
and of
regulations
(a) Preserve
Corridor
and enhance the
appearance
of the Wabasso
(b) Recognize
and enhance the
character
of the Wabasso
community
Increase
property values in
the Wabasso
corridor
Prevent
the establishment of
incompatible
land uses
and
unattractive
developments in
the corridor
(e) Make the
Wabasso Corridor
area consistent
with
the
following
statement:
vision
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
unconqested roads, and by a mix of uses including large
and small businesses and a variety of residential
options.
Coding: Words in . . -. . type are deletions from existing law.
Words underlined are additions.
5
ORDINANCE NO. 96-.24
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 81st Street to 95th Street and along CR 510
from 66th Avenue to the Atlantic Ocean.
(3) Specific Development Regulations Within the Wabasso Corridor
In the Wabasso Corridor, the following special regulations
shall apply to new non-residential development that requires
major site plan approval.
Prohibited Uses: The following land uses shall be
prohibited.
1. Outdoor display of automobiles/motorized vehicles
for sale or rental;
2. Outdoor display of mobile homes for sale or rental;
3. Outdoor display of boats for sale or rental;
4. Drive-in theaters;
5. Recycling centers;
6. Transmission towers;
7. Flea markets;
8. 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.
(c) Free-standing on-site signs: Within the plan area,
free-standing, on-site signs shall be limited to a
maximum height of 10' above the parking lot grade
and shall be ground mounted (monument style) or may
be supported by a pole(s) if, at the time of
certificate of occupancy (C.O.) issuance, such
supports are completely screened from view by
berming and/or landscaping. Said berming and/or
landscaping shall cover the entire area underneath
the sign. A 1' setback from the right-of-way line
is required for free-standing on-site signs. Also,
free-standing on-site signs for non-residential
complexes (such as shopping centers) shall be
limited to an area of 120 square feet for sites
between 5 and 20 acres in size, and 160 square feet
for sites more than 20 acres in size. All other
countywide sign regulations of LDR Chapter 956
shall apply.
(See Figure F-1 at End of Section 911.182
Coding: Words in . . -• . type are deletions from existing law.
Words underlined are additions.
ORDINANCE NO. 96-24
Z Roofs: All buildings and accessory structures withi
( n the
plan area shall have sloped roofs (slope pitch at least
4:12) visible from every direction, unless a 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. All buildings and accessory
structures may have flat roof systems where flat roof
areas are not visible at 6' above grade from all
directions.
(See Figures F-2 & F-3 at End of Section 911.1
(e) Colors: Colors of buildings and accessory structures
within the plan area shall be earth -tones or pastels.
The selection of earth -tones shall include the following
colors:
1. Any tint or tone of brown, including beige, tan,
ocher and olive.
2. Any tone of green, having a minimum black content
of six (6) percent.
3. Any tone of orange (warm red and yellow base),
having a minimum black content of three (3)
percent.
4. Any warm or cold shade of gray.
5. Any tone of yellow, having a minimum black content
of five (5) percent.
6. Any tone of warm red, having a minimum black
content of five (5) percent and a minimum of red
content of forty-five (45) percent.
7. White.
Earth tones shall not include any metallic colors.
The selection of pastels shall be limited to those colors
having a minimum white content of 90%. Other colors,
excluding flourescents, may be permitted as accent
colors, not to exceed 20% of the surface area of any one
elevation. Where other colors are used in a facade sign,
the area of the facade sign shall be included in the 20%
limitation on the accent color surface area.
The requirement for earth -tones and pastels shall not
apply to colors commonly found in natural materials such
as brick or stone, unless such material has been
artificially colored in a manner which would be contrary
to the intent of these regulations.
(fZ Special screening: 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, fencina, walls, or landscapina.
In addition to required landscaping, all
loading/unloading dock areas located adjacent to
residentially designated areas and/or roadways shall be
Coding: Words in . . %3 . type are deletions from existing law.
Words underlined are additions.
ORDINANCE NO. 96- 24
provided with a solid wall at least 8' in height above
the loading area grade to buffer adjacent roadways and
residentially designated sites from noises and sights
associated with docks.
Man-made opaque screens which are visible from any public
or private 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.
jqj US 1 and CR 510 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:
Minimum Planting/Berm
Buffer Width Requirements per 100'
4 canopy trees
5 understory trees
20' or more Continuous hedge*: 1j'-22'
high at planting
Berm: 12'-3' high*
4.5 canopy trees
5.5 understory trees
15' Continuous hedge*: 12'-3'
high at planting
Berm: l'-21' high*
5 canopy trees
6 understory trees
10' Continuous hedge*: 21'-3'
high at planting
Berm: l'-12' high*
*NOTE. The intent of the hedge and berm combination is
to provide a visual screen 4' 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 4'
visual screen. Undulations in the berm and corresponding
hedge height are encouraged.
Hedge shrubs shall be planted no further apart than 24"
on center, in a serpentine pattern along the length of
the buffer strip. Berms shall have a slope no steeper
than 3 horizontal to 1 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.
See Figures F-4 & F-5 at End of Section 911.182
Coding: Words in . . -. . type are deletions from existing law.
Words underlined are additions.
ORDINANCE NO. 96- 24
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 2
understory trees for every 30 lineal feet of the required
landscape strip.
Landscape Buffer Along Commercial/Residential Border:
Within the corridor, where compatibility buffer yards are
required by Chapter 911 regulations, 2 additional
understory trees per 30 lineal feet of required buffer
strip shall be provided.
Foundation Plantings: Along the front and side faces of
buildings that are adjacent to US 1, CR 510, or local
road rights-of-way, foundation plantings shall be
provided and maintained in landscape strips having a
minimum width of 5', measured perpendicular to the
building face. Forty percent (40%) of the foundation
perimeter (excluding entranceways and overhead doors)
along the building's front and sides shall be planted
with shrubs and/or flowers. For example, if a building
has front and side perimeters that measure 100'
(excluding entranceways and overhead doors), then 40% of
the building's perimeter must have a 5' wide foundation
planting landscape strip located along the front and
sides of the buildina.
One (1) understory tree shall be provided for every 25
lineal feet of the required foundation planting strip.
The planting strip shall be planted with the required
understory trees plus at least 2 shrubs and/or flowering
plants for every 10 square feet of required strip area.
Foundation plantings shall be located between the
building face and the adjacent roadway and any
intervening parking area. Understory trees may be
clustered.
(See Figure F-6 at End of Section 918.18)
Landscape Planting Theme Requirements: All property
adjacent to US 1 and CR 510 within the corridor has been
placed into one of four 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.
1. Formal Palm Theme: CR 510 between Massey Road and
the eastern foot of the bridge
Street Tree: (Canopy, Min. 8' Clear Trunk)
Washingtonia robusta Washington Palm
Supporting Shade Tree: (Canopy, Min. 12'-14'
Height. x 6' Spread)
Quercus virginiana
Live Oak
Accent Trees: (understory, Min. 8' Height. x 4'-6'
Spread)
Ligustrum lucidum
Nerium oleander
Tree Ligustrum
Oleander Tree
Coding: Words in . . -. . type are deletions from existing law.
Words underlined are additions.
ORDINANCE NO. 96-24
ica cerifera
Shrubs: (Min. 24" Height)
Nerium oleander
Myrica cerifera
Ligustrum lucidum
Viburnum suspensum
Coccoloba uvifera
Livistona chinensis
Oleander
Wax Myrtle
Ligustrum
Sandankwa Viburnum
Seagrape
Chinese Fan Palm
Groundcover: (Min. 10"-12" Heiqht
Raphiolepis indica
Ilex vomitoria
Liriope muscari
"Evergreen Giant"
Pittosporum tobira
"variegata"
Pittosporum tobira
Ixora "Nora Grant"
Carissa grandiflora
Indian Hawthorn
Yaupon Holly
Evergreen Giant
Liriope
Variegated
Pittosporum
Green Pittosporum
Nora Grant Ixora
Natal Plum
2. Informal Palm Theme: SR AlA/CR 510 intersection
west to the eastern foot of the bridge
Street Trees: (Canopy, 10'-16' Clear Trunk)
Washingtonia robusta Washington Palm
Sabal palmetto Cabbage Palm
Supporting Shade Tree: (Canopy, 12'-14' Height)
Quercus virginiana
Live Oak
Accent Trees: (Understory, Min. 8' Height x 4'-6'
Spread)
Nerium oleander
Myrica cerifera
Ligustrum lucidum
Shrubs: (Min. 24" Heiaht
gnAPVnla
Nerium oleander
Elaeagnus
Myrica cerifera
Ligustrum lucidum
Viburnum suspensum
Tripsacum dactyloides
Coccoloba uvifera
Oleander Tree
Wax Myrtle
Tree Ligustrum
Inkberry
Oleander
Silverthorn
Wax Myrtle
Ligustrum
Sandankwa Viburnum
Fakahatchee Grass
Seagrape
Groundcover: (Min. 10-12 Height)
Lantana
Liriope muscari
"Evergreen Giant"
Carissa grandiflora
Pittosporum tobira
"variegata"
Ilex vomitoria
Raphiolepis indica
Lantana
Evergreen Giant
Liriope
Natal Plum
Variegated
Pittosporum
Yaupon Holly
Indian Hawthorn
Coding: Words in • • M . type are deletions from existing law.
Words underlined are additions.
10
ORDINANCE NO. 96-.24
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' Height x 6'-7'
Spread 2i"-3" Cal.)
Quercus laurifolia
Quercus virginiana
Live Oak
Accent Trees: (Understory, Min. 8' Height x 4'-6'
Spread)
Lagerstroemia indica Crape Myrtle
Myrica cerifera Wax Myrtle
Ligustrum lucidum Tree Ligustrum
Ilex attenuata "East Palatka" East Palatka Holly
Nerium oleander Oleander Tree
Shrubs: (Min. 24" Height)_
Viburnum suspensum Sandankwa Viburnum
Ligustrum lucidum Ligustrum
Viburnum odoratissimum Sweet Viburnum
Myrica cerifera Wax Myrtle
Groundcover: (Min. 10"-12" Height)
Raphiolepis
Lily
indica
Ilex vomitoria
Indian Hawthorn
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 (81st Street to 84th Street); US 1
(87th Street to 95th Street)
Street Trees: (Canopy, 10'-16' Hei ht
Pinus elliottii Slash Pine
Quercus virginiana Live Oak
Quercus laurifolia Laurel Oak
Sabal palmetto Cabbage Palm
Accent Trees: (Understory, Min. 8' Height x 4'-6'
Spread)
Ilex cassine
Myrica cerifera
Ligustrum lucidum
Lagerstroemia indica
Ilex attenuata "East Palatka"
Shrubs: (Min. 24 Height)
Crinum spp.
Elaeagnus pungens
Syzygium paniculata
"myrtifolia"
Livistona chinensis
Myrica cerifera
Dahoon Holly
Wax Myrtle
Tree Ligustrum
Crape Myrtle
East Palatka Holly
Crinum
Lily
Silverthorn
Eugenia
myrtifolia
Chinese Fan Palm
Wax Myrtle
Coding: Words in • . -. • type are deletions from existing law.
Words underlined are additions.
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ORDINANCE NO. 96-.24
Philodendron selloum Philodendron
Viburnum odoratissimun Sweet Viburnum
Viburnum suspensum Sandankwa Viburnum
Groundcover: (Min. 10"-12" Heiaht)
Nephrolepis
Liriope muscari
"Evergreen Giant"
Hymenocallis Latifolia
Pittosporum tobira
"Variegata"
Lantana
Juniperus chinensis
"parsonii"
Dietes vegeta
Swordfern
Evergreen Giant
Liriope
Spider Lily
Variegated
Pittosporum
Lantana
Parson's juniper
African Iris
Review of Development Projects by Wabasso Task Force
Members
Members of the Wabasso Corridor Task Force 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 Wabasso Corridor 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 task force
members will encourage developers to follow the voluntary
architectural guidelines found in the Wabasso Corridor
Plan.
(5) Special Regulations for Minor Site Plan Projects
In the Wabasso Corridor Plan area, non-residential
development and re -development that requires minor site
plan approval shall comply with the previously described
special regulations for new major development, WITHIN THE
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.
Nonconformities
Within the Wabasso Corridor Plan area, legally
established existing development and uses that existed
prior to November 21, 1995 that do not comply with these
special regulations are grandfathered -in under the
countywide nonconformities regulations of LDR Chapter
904. All nonconforming uses and structures are governed
by the LDR Chapter 904 regulations.
Coding: Words in • • -* • type are deletions from existing law.
Words underlined are additions.
12
ORDINANCE NO. 96- 24
(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).
(cZ Criteria. The Planning and Zoning Commission shall
not approve a variance or other proposal for relief
unless it finds the following:
1. 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
2. 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.
(8Z Voluntary Guidelines
(aZ Residential subdivisions within the planning area
are encouraged to adhere to the sign and landscape
buffer requirements along U.S. 1 and CR 510.
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.
1. 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
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Words underlined are additions.
13
ORDINANCE NO. 96- 24
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 60 feet in width.
The use of the following devices for
establishing scale is encouraged:
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. Casing trim should
be 4"-6" and workable shutters sized to
fit windows are encouraged.
c. Siding: Siding should be wood horizontal
or vertical boards 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 10' wide. This width
accommodates 2-3 abreast pedestrian
traffic while allowing for entrance door
swing area. Awnings are also encouraged
to add color and textural interest to
buildings.
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Words underlined are additions.
14
r,,
C
ORDINANCE NO. 96- 24
e. Cornice Detailing: Open exposed rafter
tails are encouraged.
f. Lighting: The use of thematic lot
lighting and signage is encouraqed.
[Editor's Note: graphics to be inserted at end of section 911.18
follow immediately after this page.]
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Words underlined are additions.
15
ORDINANCE NO. 96-24
"F-1: FREE-STANDING SIGNS"
0
ORDINANCE NO. 96-24
"F-2: ROOFS"
ORDINANCE NO. 90-24
"F-3: ROOFS"
t�
0
ORDINANCE NO. 96-24
"F-4: U.S.1 & C•R.510 BUFFER"
• '�'Among,►
0
0
ORDINANCE NO. 96-24
"F-5: U.S.1 & C.R.510 BUFFER"
Iy�-2Yz f Aecw
1) 1 - 3K.' t�ta+ ww
1'rz- 31 f+lroA
1! 29' titoi
ORDINANCE NO. 96-24
"F-6: FOUNDATION PLANTINGS"
-t
ORDINANCE NO. 96-9d
8. 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 and which conflict with the provisions of this
ordinance are hereby repealed to the extent of such conflict.
9. 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.
10. 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.
11. EFFECTIVE DATE
The provisions of this ordinance shall become effective upon
filing with'the Department of State.
Approved and adopted by the Board of County Commissioners of
Indian River County, Florida on this 17 day of December
1996.
This ordinance was advertised in the Vero Beach Press -Journal on
the 22 day of November , 1996, and on the 1— day of
December 1996, for public hearings to be held on the 4
day of December 1 1996, and on the 17 day of
December 1996 at which time at the final hearing it was
moved for adoption by Commissioner Eggert seconded
by Commissioner Tippin and adopted by the
following vote;
Chairman Fran Be Adams Aye
Commissioner Kenneth R. Macht Aye
By ( 10�vk 6 L)ZLLA
Fran Be Adams, Chairman
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Words underlined are additions.
16
Vice Chairman
Carolyn
K. Eggert Aye
Aye
Commissioner
John W.
Tippin
Commissioner Kenneth R. Macht Aye
By ( 10�vk 6 L)ZLLA
Fran Be Adams, Chairman
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Words underlined are additions.
16
• Y �
I
{ 4?.
fT y l3 !
ORDINANCE NO. 96- 24y,;
JM,�
1� ;"
ATTEST BY.:
Jef,�re�r .K. Ba� _ aerk
Acknowledgement by the Department of State ,qf, the, "Sate .of Florid
this 3rd day of January ,AXM619971.all.+e.1
Effective Date: Filed with the Department of State on the 27th
day of December 19960
APPROVED AS TO LEGAL FORM
G l�
Ik
William G. Collins II
Deputy County Attorney
APPROVED AS TO PLANNING MATTERS
Robert M. Keatin AICP
Community Development ?rector
u\c\s\1dr\1296.ord
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Words underlined are additions.
17