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Home My WebLink About2008-0212008- 021 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA CONCERNING AN AMENDMENT TO ITS LAND DEVELOPMENT REGULATIONS (LDRs); PROVIDING FOR AN AMENDMENT TO CHAPTER 901, DEFINITIONS; CHAPTER 91.1, ZONING, AND CHAPTER 912, SINGLE FAMILY DEVELOPMENT, BY AMENDING GENERAL PROVISIONS SECTION 911.15, AND BY AMENDING PARKING AND STORAGE SECTION 912.17, AND BY 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: SECTION #1: The definition of "Commercial vehicle" provided in section 901.03 of Definitions is hereby amended to read as follows: Commercial vehicle any motor vehicle which (1) is designed or used principally for business, governmental, or non profit organizational (2)W Has a platform, cabinet, box, rack; for transporting compartment, or other facility for transportation of materials; or equipment; and items other than the personal effects of private passengers..-, or a boom that is visible when the vehicle is parked, including but not limited to bucket trucks, dump trucks, semi -tractors, semi -trailers, and other similar vehicles; or (2) Exceeds a gross vehicle weight of 15,000 pounds, a length of 23 feet (276 inches), or a height of 9 feet (108 inches), except that recreational vehicles, as defined in this section, shall not be considered as commercial vehicles. SECTION #2: Section 911.15(3) of General provisions is hereby amended to read as follows: (3) Parking of commercial vehicles in residential areas. (a) Restrictions on the parking of commercial vehicles in residential areas. No commercial vehicles, as defined in County Code Section 901.03, shall be parked overnight nor for an extended period (more than ten (10) hours in any calendar month) on any residentially used lot, in the street abutting such lot, or on residentially zoned land, not including the A 1, A 2, or A 3 districts, except: 1. Commercial vehicles with a rated capacity of one (1) ton or less used by the resident of the premises, limited to one (1) per premises and parked off street in a transported on the outside of such vehicles. Within residential zoning districts, one commercial vehicle consisting of a pick-up truck or van with a rack for Bold Underline: Additions to Ordinance Str+lce-threogh: Deleted Text from Existing Ordinance F:\Community Development\Users\CurDevAORDINANCE\2008\2008- commercial vehicles. RTF 1 2008- 021 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA CONCERNING AN AMENDMENT TO ITS LAND DEVELOPMENT REGULATIONS (LDRs); PROVIDING FOR AN AMENDMENT TO CHAPTER 901, DEFINITIONS; CHAPTER 91.1, ZONING, AND CHAPTER 912, SINGLE FAMILY DEVELOPMENT, BY AMENDING GENERAL PROVISIONS SECTION 911.15, AND BY AMENDING PARKING AND STORAGE SECTION 912.17, AND BY 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: SECTION #1: The definition of "Commercial vehicle" provided in section 901.03 of Definitions is hereby amended to read as follows: Commercial vehicle any motor vehicle which (1) is designed or used principally for business, governmental, or non profit organizational (2)W Has a platform, cabinet, box, rack; for transporting compartment, or other facility for transportation of materials; or equipment; and items other than the personal effects of private passengers..-, or a boom that is visible when the vehicle is parked, including but not limited to bucket trucks, dump trucks, semi -tractors, semi -trailers, and other similar vehicles; or (2) Exceeds a gross vehicle weight of 15,000 pounds, a length of 23 feet (276 inches), or a height of 9 feet (108 inches), except that recreational vehicles, as defined in this section, shall not be considered as commercial vehicles. SECTION #2: Section 911.15(3) of General provisions is hereby amended to read as follows: (3) Parking of commercial vehicles in residential areas. (a) Restrictions on the parking of commercial vehicles in residential areas. No commercial vehicles, as defined in County Code Section 901.03, shall be parked overnight nor for an extended period (more than ten (10) hours in any calendar month) on any residentially used lot, in the street abutting such lot, or on residentially zoned land, not including the A 1, A 2, or A 3 districts, except: 1. Commercial vehicles with a rated capacity of one (1) ton or less used by the resident of the premises, limited to one (1) per premises and parked off street in a transported on the outside of such vehicles. Within residential zoning districts, one commercial vehicle consisting of a pick-up truck or van with a rack for Bold Underline: Additions to Ordinance Str+lce-threogh: Deleted Text from Existing Ordinance F:\Community Development\Users\CurDevAORDINANCE\2008\2008- commercial vehicles. RTF 1 2008- 021 transporting materials or equipment and items other than the personal effects of private passengers, not exceeding a length of 23 feet, height of 9 feet, or gross vehicle weight of 15,000 pounds, shall be allowed per residential premises. 2. Commercial vehicles temporarily parked on a lot for the purpose of providing construction, transportation, or other services specifically for the location where such vehicles are parked. 3. In no case shall a commercial vehicle which is used for hauling explosives, gasoline or liquefied petroleum products be permitted to be parked for an extended period in a residential area. 4. "Class A" tow trucks or hydraulic wreckers on an emergency towing service rotation list with the local sheriffs or police department, used by the resident of the premises, limited to one (1) per premises and parked off-street in a garage, carport or driveway. Under this paragraph, one (1) tow truck or wrecker is allowed to be parked or stored at a residence. 5. One commercial vehicle shall be allowed per residential premises within the A- 1, A-2, and A-3 districts SECTION #3: Section 912.17. Parking and storage is hereby amended to read as follows: As restated from the "general provisions" subsection of Chapter 911, Zoning, the following regulations apply to parking commercial vehicles, parking or storing vehicles and the storage of boats and recreational vehicles in residential areas. (l) Parking of commercial vehicles in residential areas. (a) Restrictions on the parking of commercial vehicles in residential areas. No commercial vehicles, as defined in County Code Section 901.03, shall be parked overnight nor for an extended period (more than ten (10) hours in any calendar month) on any residentially used lot, in the street abutting such lot, or on residentially zoned land, not including the A 1, A 2, or A 3 districts, except: 1. Commercial vehicles with a rated capacity of one (1) ton or less used by the Within residential zoning districts one commercial vehicle consisting of a pick-up truck or van with an rack for transporting materials or equipment and items other than the personal effects of private passenger not exceeding a length of 23 feet, height of 9 feet, or gross vehicle weight of 15,000 pounds, shall be allowed per residential premises. 2. Commercial vehicles temporarily parked on a lot for the purpose of providing construction, transportation, or other services specifically for the location where Bold Underline: Additions to Ordinance Strike through: Deleted Text from Existing Ordinance F:\Community Development\Users\CurDev\ORDINANCE\2008\2008- commercial vehicles.RTF 2 2008- 021 transporting materials or equipment and items other than the personal effects of private passengers, not exceeding a length of 23 feet, height of 9 feet, or gross vehicle weight of 15,000 pounds, shall be allowed per residential premises. 2. Commercial vehicles temporarily parked on a lot for the purpose of providing construction, transportation, or other services specifically for the location where such vehicles are parked. 3. In no case shall a commercial vehicle which is used for hauling explosives, gasoline or liquefied petroleum products be permitted to be parked for an extended period in a residential area. 4. "Class A" tow trucks or hydraulic wreckers on an emergency towing service rotation list with the local sheriffs or police department, used by the resident of the premises, limited to one (1) per premises and parked off-street in a garage, carport or driveway. Under this paragraph, one (1) tow truck or wrecker is allowed to be parked or stored at a residence. 5. One commercial vehicle shall be allowed per residential premises within the A- 1, A-2, and A-3 districts SECTION #3: Section 912.17. Parking and storage is hereby amended to read as follows: As restated from the "general provisions" subsection of Chapter 911, Zoning, the following regulations apply to parking commercial vehicles, parking or storing vehicles and the storage of boats and recreational vehicles in residential areas. (l) Parking of commercial vehicles in residential areas. (a) Restrictions on the parking of commercial vehicles in residential areas. No commercial vehicles, as defined in County Code Section 901.03, shall be parked overnight nor for an extended period (more than ten (10) hours in any calendar month) on any residentially used lot, in the street abutting such lot, or on residentially zoned land, not including the A 1, A 2, or A 3 districts, except: 1. Commercial vehicles with a rated capacity of one (1) ton or less used by the Within residential zoning districts one commercial vehicle consisting of a pick-up truck or van with an rack for transporting materials or equipment and items other than the personal effects of private passenger not exceeding a length of 23 feet, height of 9 feet, or gross vehicle weight of 15,000 pounds, shall be allowed per residential premises. 2. Commercial vehicles temporarily parked on a lot for the purpose of providing construction, transportation, or other services specifically for the location where Bold Underline: Additions to Ordinance Strike through: Deleted Text from Existing Ordinance F:\Community Development\Users\CurDev\ORDINANCE\2008\2008- commercial vehicles.RTF 2 0 2008- 021 3. In no case shall a commercial vehicle which is used for hauling explosives, gasoline or liquefied petroleum products be permitted to be parked for an extended period in a residential area. 4. "Class A" tow trucks or hydraulic wreckers on an emergency towing service rotation list with the localsheriffs or police department, used by the resident of the premises, limited to one (1) per premises and parked off-street in a garage, carport or driveway. Under this paragraph, one (1) tow truck or wrecker is allowed to be parked or stored at a iesidence. 5. One commercial vehicle shall be allowed per residential premises within the A- 1, A-2, and A-3 districts SECTION #4: SEVERABILITY. If any clause, section or provision of this Ordinance shall be declared by a court of competent jurisdiction to be unconstitutional or invalid for any cause or reason, the same shall be eliminated from this Ordinance and the remaining portion of this Ordinance shall be in full force and effect and be as valid as if such invalid portion thereof had not been incorporated therein. SECTION #5: REPEAL OF CONFLICTING ORDINANCES. The provisions of any other Indian River County ordinance that are inconsistent or in conflict with the provisions of this Ordinance are repealed to the extent of such inconsistency or conflict. SECTION #6: INCLUSION IN THE CODE OF LAWS AND ORDINANCES. The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Indian River County, Florida. The sections of the Ordinance may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section", "article", or any other appropriate word. SECTION #7: EFFECTIVE DATE. This Ordinance shall take effect upon filing with the Department of State. Approved and adopted by the Board of County Commissioners of Indian River County, Florida, on this 16th day of December , 2008. This ordinance was advertised in the Press -Journal on the 2nd day of December 2008, for a public hearing to be held on the 16th day of December , 2008, at which time it was moved for adoption by Commissioner Flescher seconded by Commissioner Davis , and adopted by the following vote: Chairman Wesley S. Davis Vice Chairman Joseph E Flescher Bold Underline: Additions to Ordinance Strike thrcioghi Deleted Text from Existing Ordinance F:\Community Development\Users\CurDev\ORDINANCE\2008\2008- AYE AYE commercial vehicles.RTF 3 0 2008- 021 3. In no case shall a commercial vehicle which is used for hauling explosives, gasoline or liquefied petroleum products be permitted to be parked for an extended period in a residential area. 4. "Class A" tow trucks or hydraulic wreckers on an emergency towing service rotation list with the localsheriffs or police department, used by the resident of the premises, limited to one (1) per premises and parked off-street in a garage, carport or driveway. Under this paragraph, one (1) tow truck or wrecker is allowed to be parked or stored at a iesidence. 5. One commercial vehicle shall be allowed per residential premises within the A- 1, A-2, and A-3 districts SECTION #4: SEVERABILITY. If any clause, section or provision of this Ordinance shall be declared by a court of competent jurisdiction to be unconstitutional or invalid for any cause or reason, the same shall be eliminated from this Ordinance and the remaining portion of this Ordinance shall be in full force and effect and be as valid as if such invalid portion thereof had not been incorporated therein. SECTION #5: REPEAL OF CONFLICTING ORDINANCES. The provisions of any other Indian River County ordinance that are inconsistent or in conflict with the provisions of this Ordinance are repealed to the extent of such inconsistency or conflict. SECTION #6: INCLUSION IN THE CODE OF LAWS AND ORDINANCES. The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Indian River County, Florida. The sections of the Ordinance may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section", "article", or any other appropriate word. SECTION #7: EFFECTIVE DATE. This Ordinance shall take effect upon filing with the Department of State. Approved and adopted by the Board of County Commissioners of Indian River County, Florida, on this 16th day of December , 2008. This ordinance was advertised in the Press -Journal on the 2nd day of December 2008, for a public hearing to be held on the 16th day of December , 2008, at which time it was moved for adoption by Commissioner Flescher seconded by Commissioner Davis , and adopted by the following vote: Chairman Wesley S. Davis Vice Chairman Joseph E Flescher Bold Underline: Additions to Ordinance Strike thrcioghi Deleted Text from Existing Ordinance F:\Community Development\Users\CurDev\ORDINANCE\2008\2008- AYE AYE commercial vehicles.RTF 3 2008- 021 Commissioner Gary C. Wheeler Commissioner Peter D. O'Bryan Commissioner Bob Solari AYE AYE AYE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY BY: Wesley S. Davis, 'iairman - -- = ATTEST BY: ceuut.r✓ ij C. ary Louise Scheidt, Clerk, Ad Interim This ordinanc& iced:With-the Department of State on the following date: DEC 2 3 2006 • APPROVED AS TO FORM AND LEGAL SUFFICIENCY William G. Collins II, County Attorney APPRO ED AS TO PLANKING MATTERS Robert M. eating, A CP; Coi. munity D- ,`•lopment Director Bold Underline: Additions to Ordinance Strike through: Deleted Text from Existing Ordinance F:AComnnnity Dcveloprnent\Users\CurDevAORDINANCE\2008\2008- commercial vehieles.RTF 2008- 021 Commissioner Gary C. Wheeler Commissioner Peter D. O'Bryan Commissioner Bob Solari AYE AYE AYF BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY BY: Jr - Wesley S. Davis ATTEST BY igr t. -Jan pian �,.✓,D.C. Mary Louise Scheidt, Clerk, Ad Interim This ordinance,1.7fi edl Wth-the Department of State on the following date: , N. APPROVED AS TO FORM AND LEGAL SUFFICIENCY William G. Collins I1, County Attorney APPRO TED AS TO PLANNING MATTERS Robert M. eating, A CP; Col imunity D lopment Director Bold Underline: Additions to Ordinance SFdk,. through-: Deleted 91,x1 from Existing Ordinance P:ACommunity DevclopincmAUsersVCurDevAORDINANCE A2008\2068 ommncreial vch icles. R'I'P DEC 2 3 2008 2008- 021 Commissioner Gary C. Wheeler Commissioner Peter D. O'Bryan Commissioner Bob Solari AYE AYE AYF BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY BY: Jr - Wesley S. Davis ATTEST BY igr t. -Jan pian ,.✓,D.C. Mary Louise Scheidt, Clerk, Ad Interim This ordinance,1.7fi edl Wth-the Department of State on the following date: , N. APPROVED AS TO FORM AND LEGAL SUFFICIENCY William G. Collins I1, County Attorney APPRO TED AS TO PLANNING MATTERS Robert M. eating, A CP; Col imunity D lopment Director Bold Underline: Additions to Ordinance SFdk,. through-: Deleted 91,x1 from Existing Ordinance P:ACommunity DevclopincmAUsersVCurDevAORDINANCE A2008\2068 ommncreial vch icles. R'I'P DEC 2 3 2008