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HomeMy WebLinkAbout2004-003ORDINANCE 2004- 003 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING LAND DEVELOPMENT REGULATIONS (LDRS) CHAPTER 911 AND CHAPTER 971, SPECIFIC LAND USE CRITERIA, BY CREATING SECTION 971.13(5) REGARDING FRUIT, VEGETABLE, AND NURSERY RETAIL SALES IN AGRICULTURAL AREAS; 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. A portion of the Chapter 911.06(4) use table is hereby amended to read as follows: Uses fruit and vegetable stand(s) District fruit, vegetable, Commercial A-1 A-2 A-3 RFD RS -1 in agricultural A-2, A-3 a. requirements: Districts Fruit and A A A - - vegetable stands Veterinary clinic A A A - or animal hospital use Driving ranges S S S - - Fruit, vegetable S S S and nursery retail sales P — Permitted use A — Administrative permit use S — Special exception use 2. Section 971.13(5) is hereby created as follows. (5) Fruit, vegetable, and nursery retail sales in agricultural areas A site plan meeting all of the requirements of 914. Architectural elevations of all proposed buildings. (3) Distance(s) to nearest fruit and vegetable stand(s) and fruit, vegetable, b. Additional and information A-1, in agricultural A-2, A-3 a. requirements: Districts retail sales line to property requiring special exception use approval: A site plan meeting all of the requirements of 914. Architectural elevations of all proposed buildings. (3) Distance(s) to nearest fruit and vegetable stand(s) and fruit, vegetable, b. Additional and information in agricultural nursery retail sales use(s) as measured from requirements: property retail sales A site plan meeting all of the requirements of 914. Architectural elevations of all proposed buildings. (3) Distance(s) to nearest fruit and vegetable stand(s) and fruit, vegetable, fruit, and in agricultural nursery retail sales use(s) as measured from vegetable, and property retail sales line to property line. Coding: Words in stfik,thAougi type are deletions from existing law. Words underlined are additions FACommunity Development\Users\CuiDev\ORDINANCE\Fruit Vegetable and Nuisery Retail Sales 010604.doc Criteria for fruit, in agricultural areas: C, vegetable, and nursery retail sales Coding: Words in stfik,thAougi type are deletions from existing law. Words underlined are additions FACommunity Development\Users\CuiDev\ORDINANCE\Fruit Vegetable and Nuisery Retail Sales 010604.doc ORDINANCE 2004- 003 L The use shall be located on an active agricultural production operation site containin,g a minimum of 20 gross acres. For purposes of this requirement, "gross acres" shall mean the area of property as originallyconveyed, onve} ed, prior to or without dedication of adjacent rights-of-way. 2. The total gross building area of all buildings associated with retail sales use shall not exceed 4,900 sq. ft. Based on this limitation and applying the "specialty retail" trip generation rate, the retail sales use shall be deemed to generate/attract no more than 200 average annual daily trips. Therefore, the unpaved stabilized parking and driveway provisions of LDR section 954.10(3) shall apply. 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 the Indian River County which conflict with the provisions of this ordinance are hereby repealed to the extent of such conflict. 4. 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 re -lettered to accomplish such intentions. Coding: Words in st-Fike thfoug type are deletions from existing law. Words underlined are additions. 2 F'\Comnwnny Development\Users\CurDev\ORDINANCE\Fruit Vegetable and Nursery Retail Sales 010604.doc be limited fruits, fruit 5. Retail sales shall 3. The use shall be separated from other administrative permit use and nursery plants, and accessory vegetable stands and from fruit, vegetable, and nursery retail sales uses by a associated with retail sales use shall set distance of at least 3,000 feet as measured from property line to property line. any property 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 the Indian River County which conflict with the provisions of this ordinance are hereby repealed to the extent of such conflict. 4. 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 re -lettered to accomplish such intentions. Coding: Words in st-Fike thfoug type are deletions from existing law. Words underlined are additions. 2 F'\Comnwnny Development\Users\CurDev\ORDINANCE\Fruit Vegetable and Nursery Retail Sales 010604.doc be limited fruits, 5. Retail sales shall be limited to agricultural products, vegetables, juices be nursery plants, and accessory 4. All buildings and products parking areas associated with retail sales use shall set back a minimum of 100 feet from any property line and shall be located and visually screened so that said parking area and the facades of retail buildings roads. are not visible from adjacent public roadways. 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 the Indian River County which conflict with the provisions of this ordinance are hereby repealed to the extent of such conflict. 4. 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 re -lettered to accomplish such intentions. Coding: Words in st-Fike thfoug type are deletions from existing law. Words underlined are additions. 2 F'\Comnwnny Development\Users\CurDev\ORDINANCE\Fruit Vegetable and Nursery Retail Sales 010604.doc be limited fruits, 5. Retail sales shall be limited to agricultural products, vegetables, juices and related nursery plants, and accessory items such as drinks, products include exceed snacks, and souvenirs. The retail sales use shall the sale of directly 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 the Indian River County which conflict with the provisions of this ordinance are hereby repealed to the extent of such conflict. 4. 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 re -lettered to accomplish such intentions. Coding: Words in st-Fike thfoug type are deletions from existing law. Words underlined are additions. 2 F'\Comnwnny Development\Users\CurDev\ORDINANCE\Fruit Vegetable and Nursery Retail Sales 010604.doc be limited Provisions height to 6. Retail buildings shall to a single story with an eave not Project exceed 20 feet and shall have shall sloped roofs and the appearance of a single- directly access family home, farm house, or barn. arterial 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 the Indian River County which conflict with the provisions of this ordinance are hereby repealed to the extent of such conflict. 4. 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 re -lettered to accomplish such intentions. Coding: Words in st-Fike thfoug type are deletions from existing law. Words underlined are additions. 2 F'\Comnwnny Development\Users\CurDev\ORDINANCE\Fruit Vegetable and Nursery Retail Sales 010604.doc Provisions 3. Repeal of Conflicting 7. Project sites shall directly access arterial or collector roads. 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 the Indian River County which conflict with the provisions of this ordinance are hereby repealed to the extent of such conflict. 4. 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 re -lettered to accomplish such intentions. Coding: Words in st-Fike thfoug type are deletions from existing law. Words underlined are additions. 2 F'\Comnwnny Development\Users\CurDev\ORDINANCE\Fruit Vegetable and Nursery Retail Sales 010604.doc Provisions 3. Repeal of Conflicting 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 the Indian River County which conflict with the provisions of this ordinance are hereby repealed to the extent of such conflict. 4. 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 re -lettered to accomplish such intentions. Coding: Words in st-Fike thfoug type are deletions from existing law. Words underlined are additions. 2 F'\Comnwnny Development\Users\CurDev\ORDINANCE\Fruit Vegetable and Nursery Retail Sales 010604.doc ORDINANCE 2004- 003 5. 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. 6. Effective Date This ordinance was advertised in the Vero Beach Press Journal on the 27th day of Decemhor, 2003 for the first public hearing to be held on the 6th day of January, 2004, and was advertised on the 11 th day of January, 2004 for the second and final public hearing to be held on the 201h day of January, 2004 at which time at the final hearing it was moved for adoption by Commissioner Macht , seconded by Commissioner Adams , and adopted by the following vote: Chairman Caroline Ginn I Aye Vice Chairman Arthur Neuberger Aye Commissioner Fran Adams Aye Commissioner Thomas Lowther Aye Commissioner Kenneth Macht Aye r, f BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY dsI e Attest. JOffte.K:Bartc�n,'Clexk'".+ q,,: r t �I { - r BY 3 'Dep" `,Clerk L,. IN , / 11 Int , IN ON IN BY Cx/�t� Caroline Ginn, Chdirman Board of County Commissioners Filed with ;the Department of State on the day of. 92004, Coding: Words in s,..:v�r type are deletions from existing law. Words underlined are additions. FACommunity Development\Users\CurDev\ORDINANCE\Fruit Vegetable and Nursery Retail Sales 010604.doc This ordinance shall take effect upon filing with the State of Florida. This ordinance was advertised in the Vero Beach Press Journal on the 27th day of Decemhor, 2003 for the first public hearing to be held on the 6th day of January, 2004, and was advertised on the 11 th day of January, 2004 for the second and final public hearing to be held on the 201h day of January, 2004 at which time at the final hearing it was moved for adoption by Commissioner Macht , seconded by Commissioner Adams , and adopted by the following vote: Chairman Caroline Ginn I Aye Vice Chairman Arthur Neuberger Aye Commissioner Fran Adams Aye Commissioner Thomas Lowther Aye Commissioner Kenneth Macht Aye r, f BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY dsI e Attest. JOffte.K:Bartc�n,'Clexk'".+ q,,: r t �I { - r BY 3 'Dep" `,Clerk L,. IN , / 11 Int , IN ON IN BY Cx/�t� Caroline Ginn, Chdirman Board of County Commissioners Filed with ;the Department of State on the day of. 92004, Coding: Words in s,..:v�r type are deletions from existing law. Words underlined are additions. FACommunity Development\Users\CurDev\ORDINANCE\Fruit Vegetable and Nursery Retail Sales 010604.doc ORDINANCE 2004- 003 Community Development Coding: Words in st-ike t �ugn type are deletions from existing law. Words underlined are additions. F:\Community Development\Users%CurDev\ORDINANCE\Fruit Vegetable and Nursery Retail Sales UIUW4.doc William G. Collins Community Development Coding: Words in st-ike t �ugn type are deletions from existing law. Words underlined are additions. F:\Community Development\Users%CurDev\ORDINANCE\Fruit Vegetable and Nursery Retail Sales UIUW4.doc