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HomeMy WebLinkAbout2004-005ORDINANCE 2004- 005 DEVELOPMENT REGULATIONS, ALLOWING PORTIONS OF INDUSTRIAL AND WAREHOUSE DISTRIBUTION BUILDINGS TO A HEIGHT OF UP TO 80 FEET ON SITES LOCATED WITHIN LARGE INDUSTRIAL PARKS LOCATED WEST OF I-95, AND PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS, CODIFICATION, SEVERABILITY AND EFFECTIVE DATE. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF I D Ak COUNTY, FLORIDA THAT THE INDIAN RIVER COUNTY LAND DEVELOPMENT REGULATIONS (LDRS)• • (a) Height exceptions. The height limitations stipulated in the applicable districts shall not apply to the following, provided that no such structure exceeds the height limits for airport approach areas, as established in paragraph (b), below: Church steeples and spires; Chimneys; Flag poles; Silos; Windmills; Aircraft control towers and navigational aids; Utility transmission towers; Solar energy collectors; and Similar structures. Notwithstanding, any radio, television or microwave transmission or receiving tower which is greater than seventy (70) feet in height shall only be allowed subject to the criteria established for such towers in Chapter 971, Specific Land Use Criteria. Additional information about towers may be found in Chapter 917, Accessory Uses and Structures. (b) Height limitations. Section 911.15. General provisions. 1. No structure shall (a) Height exceptions. The height limitations stipulated in the applicable districts shall not apply to the following, provided that no such structure exceeds the height limits for airport approach areas, as established in paragraph (b), below: Church steeples and spires; Chimneys; Flag poles; Silos; Windmills; Aircraft control towers and navigational aids; Utility transmission towers; Solar energy collectors; and Similar structures. Notwithstanding, any radio, television or microwave transmission or receiving tower which is greater than seventy (70) feet in height shall only be allowed subject to the criteria established for such towers in Chapter 971, Specific Land Use Criteria. Additional information about towers may be found in Chapter 917, Accessory Uses and Structures. (b) Height limitations. (1) Height exceptions and limitations. 1. No structure (a) Height exceptions. The height limitations stipulated in the applicable districts shall not apply to the following, provided that no such structure exceeds the height limits for airport approach areas, as established in paragraph (b), below: Church steeples and spires; Chimneys; Flag poles; Silos; Windmills; Aircraft control towers and navigational aids; Utility transmission towers; Solar energy collectors; and Similar structures. Notwithstanding, any radio, television or microwave transmission or receiving tower which is greater than seventy (70) feet in height shall only be allowed subject to the criteria established for such towers in Chapter 971, Specific Land Use Criteria. Additional information about towers may be found in Chapter 917, Accessory Uses and Structures. (b) Height limitations. Coding: Words in str ke through type are deletions from existing law. Words underlined are additions. Page 1 Of 4 F:\Community Development\Users\CurDev\ORDINANCE\Industrial Park Height Exceptions 020204.doc 1 , 1. No structure shall be erected which would conflict with the airport zoning ordinance height regulations of section 911.17(4)(a). Coding: Words in str ke through type are deletions from existing law. Words underlined are additions. Page 1 Of 4 F:\Community Development\Users\CurDev\ORDINANCE\Industrial Park Height Exceptions 020204.doc 1 , ORDINANCE 2004- 005 2. Parapet walls located at the building roof -top edge may extend no more than five (5) feet above the building height limitations (thirty-five (35) feet or forty-five (45) feet, as applicable). 3. Other than the parapet wall provision references in 911.15(1)(b)2. above, roof -top structures such as screen walls, elevator shafts and enclosures, stairways and enclosures, and similar structures shall be set back from the building roof -top edge one (1) foot horizontal distance for every one (1) foot of vertical rise above the applicable building height limitation. (c) Coastal hotel, motel and resort development height exceptions. The height limitations stipulated in the CG, General Commercial District, may be modified for hotels, motels, and resort developments located east of State Road Al A provided that no building structure exceeds the height limits for airport approach areas and provided that the following criteria are met: One and one-half (1 be forty-five 1/2) feet of additional any building structure allowed to exceed (45) height setback from the coastal construction control line (CCCL) shall be provided for each foot in height West 2,000 exceeding thirty-five (35) feet. height 2. Once the additional setback is established, all structures exceeding six (6) feet in height shall be prohibited within the designated additional setback area. 2. A minimum setback of 1,000 feet from arterial and major collector roadways (such as SR60) to the portion of the building that exceeds general height limitations. 3. A minimum setback of 200 feet from the perimeter of the industrial park or subdivision to the portion of the building that exceeds general height limitations and a Type "C" buffer along that perimeter. Where that perimeter abuts residentially designated property all required buffer landscape materials, prior to C.O. (Certificate of Occupancy) of the tall building shall have sizes that meet or exceed the "replacement landscaping" standards of section 926.12(3) specified for projects more than 18 months old. be forty-five 3. In no case shall any building structure allowed to exceed (45) height 1. A minimum feet in height. setback 2. A minimum setback of 1,000 feet from arterial and major collector roadways (such as SR60) to the portion of the building that exceeds general height limitations. 3. A minimum setback of 200 feet from the perimeter of the industrial park or subdivision to the portion of the building that exceeds general height limitations and a Type "C" buffer along that perimeter. Where that perimeter abuts residentially designated property all required buffer landscape materials, prior to C.O. (Certificate of Occupancy) of the tall building shall have sizes that meet or exceed the "replacement landscaping" standards of section 926.12(3) specified for projects more than 18 months old. 4. A maximum building height 1. A minimum setback West 2,000 feet from height I-95 The to height limitations in of county building industrial park exception. that stipulated the IL (Light Industrial), IG (General Industrial), and PD industrial zoning districts may be modified for industrial and warehouse distribution buildings located west of I-95 in within industrial parks and subdivisions 100 acres or larger size. Building heights be the following_ may modified upon a showing of compliance with 2. A minimum setback of 1,000 feet from arterial and major collector roadways (such as SR60) to the portion of the building that exceeds general height limitations. 3. A minimum setback of 200 feet from the perimeter of the industrial park or subdivision to the portion of the building that exceeds general height limitations and a Type "C" buffer along that perimeter. Where that perimeter abuts residentially designated property all required buffer landscape materials, prior to C.O. (Certificate of Occupancy) of the tall building shall have sizes that meet or exceed the "replacement landscaping" standards of section 926.12(3) specified for projects more than 18 months old. 4. A maximum building height 1. A minimum setback of 2,000 feet from I-95 to the of the building that portion 2. A minimum setback of 1,000 feet from arterial and major collector roadways (such as SR60) to the portion of the building that exceeds general height limitations. 3. A minimum setback of 200 feet from the perimeter of the industrial park or subdivision to the portion of the building that exceeds general height limitations and a Type "C" buffer along that perimeter. Where that perimeter abuts residentially designated property all required buffer landscape materials, prior to C.O. (Certificate of Occupancy) of the tall building shall have sizes that meet or exceed the "replacement landscaping" standards of section 926.12(3) specified for projects more than 18 months old. Coding: Words in stFi� e thFOUgh type are deletions from existing law. Words underlined are additions. Page 2 of 4 F:\Community Development\Users\CurDev\ORDINANCE\Industrial Park Height Exceptions 020204.doc 4. A maximum building height of 80 feet. Coding: Words in stFi� e thFOUgh type are deletions from existing law. Words underlined are additions. Page 2 of 4 F:\Community Development\Users\CurDev\ORDINANCE\Industrial Park Height Exceptions 020204.doc ORDINANCE 2004-005 In addition, park height all buildings shall meet the airport zoning heightgulations of section not utilized by February 10, 2006, unless readopted by ordinance of the then sitting 911.17 and applicable normal building coverage and floor area ratio (FAR) requirements. The west county industrial park height exception will sunset and stand Provisions repealed if not utilized by February 10, 2006, unless readopted by ordinance of the then sitting Board of County Commissioners. 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. 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 3. Repeal of Conflicting Provisions shall take effect upon filing 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. 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 28th day of Januar2004, for the public hearing to be held on the 10tfday of February , 2004 at which time it was moved for adoption by Commissioner I owther ,seconded byCommissioner Neuberger ,and adopted by the following vote: Chairman Caroline Ginn Play Vice Chairman Arthur Neuberger Aye Commissioner Fran Adams Aye Commissioner Thomas Lowther Aye Commissioner Kenneth Macht Aye Coding: Words in strike e thrvcr'"` ugh type are deletions from existing law. Words underlined are additions. Page 3 of 4 F:\Community Development\Users\CurDev\ORDINANCE\Industrial Park Height Exceptions 020204.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 28th day of Januar2004, for the public hearing to be held on the 10tfday of February , 2004 at which time it was moved for adoption by Commissioner I owther ,seconded byCommissioner Neuberger ,and adopted by the following vote: Chairman Caroline Ginn Play Vice Chairman Arthur Neuberger Aye Commissioner Fran Adams Aye Commissioner Thomas Lowther Aye Commissioner Kenneth Macht Aye Coding: Words in strike e thrvcr'"` ugh type are deletions from existing law. Words underlined are additions. Page 3 of 4 F:\Community Development\Users\CurDev\ORDINANCE\Industrial Park Height Exceptions 020204.doc 9 ORDINANCE 2004-005 BOARD OF COUNTY COMMISSIONERS r OF INDIAN RIVER COUNTY r Attest: Jeffrey K Barton, Clerk IF IF IF 'IF JW q fa ## k k.y 1 BYJU:. �`�' BY fi Depu IF Caroline Ginn, Chairm Board of County Commissioners IFFIF IF xi Filed with the Dep"artment of State on the day of L /}/C 52004* William G. Collins County Attorney Robert M. Keating, AICP Community Development Director Coding: Words in stfike thfeugh type are deletions from existing law. Words underlined are additions. Page 4 of 4 F:\Community Development\Users\CurDev\ORDINANCE\Industrial Park Height Exceptions 020204.doc