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Home My WebLink About2001-013ORDINANCE NO, 2001-013 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, REGARDING ELECTRICAL HOOK-UPS FOR FRUIT AND VEGETABLE STANDS, AMENDING THE FOLLOWING CHAPTER OF THE LAND DEVELOPMENT REGULATIONS (LDRS): CHAPTER 972, TEMPORARY USES; 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. Transient Merchant Regulations The Transient merchant regulations of land development regulations section 972.08(4) are hereby amended to read as follows: (4) The purpose and intent of allowing certain types of transient merchant operations is to allow roadside sale of products historically indigenous to Indian River County (eg. fruits and vegetables, seafood) or products historically available to celebrate holidays (Christmas trees for Christmas, fireworks for Independence Day or New Year's Day). Transient merchant.operations may be allowed if the following requirements and standards are met. (a) All transient merchant temporary use permits shall clearly define an expiration date. No permit shall be transferable, and no permit shall be good for a period of more than six (6) months. Renewal of a permit shall require reapplication. (1) Transient merchant classifications. All approvable transient merchant uses shall be limited to one of the following categories: Class A: Fruit and vegetable sales. Fruit and vegetable sales are allowed if items for sale consist of only fresh fruits or fresh vegetables I n either their natural state or prepackaged I ndividual containers when approved by the county public health authority. Class B: Seasonal sales such as Christmas tree and fireworks sales and other similar uses; use in Coding: Underlined words are additions to existing LDR wording; s words are deletions from existing LDR wording. Paget ORDINANCE NO. 2001-013 operation no more than forty-five (45)� days during any calendar year on any given site. Class Co Satellite seafood sales operations that: Are associated with, owned and operated by a legally established permanent retail seafood sales operation located in Indian River County, and Are operated from a vehicle that is state approved and licensed for seafood sales, whereby said vehicle is self-contained in regards to power, refrigeration, running water, and wastewater holding, and said vehicle has enclosed or screen -enclosed seafood display area; and Are located on property zoned commercial or industrial; and Are operated only during daylight hours, and are removed from the site during night-time hours; and Are approved and inspected by the county public health authority. A use that does not fall within either [any] of these categories shall not be considered an allowable transient merchant use. (2) Class A and Class C permits may be renewed every six (6) months upon written request by the applicant. (b) The following types of sales operations, for purposes of zoning regulations, shall not be considered transient merchants: (1) Curbside mobile ice cream sales involving frequent, intermittent stops; (2) Merchandise deliveries; (3) Mobile prepared food services catering to employees at employment sites or patrons at permitted or otherwise legal special events. Coding: Underlined words are additions to existing LDR wording; strikewthrotigh words are deletions from existing LDR wording. Page 2 ORDINANCE NO.`.2001-013 (c) No permanent structures may be utilized, only temporary pavilions may be utilized for transient merchant operations. All facilities used shall be self-contained and mobile or portable. No mobile homes or trailers that exceed two hundred (200) square feet in area may be utilized by Class "A" merchants [see section 972.08(4)(A) for details on Class "A" Class "B" and Class "C" merchants]. Trailers may be used by Class "B" merchants. Class "C" merchants may only be operated from vehicles approved and licensed by the state for seafood sales. Class "A" and Class "B" merchants are further specified in section 972.08(3)(A)1. (d) No utilities connections (such as electrical, telephone, plumbing or septic tanks) shall be permitted with the following exceptions: (1) Class "B" transient merchants as defined herein may obtain temporary electrical power for sales operations, and (2) Class A transient merchants as defined herein that were in existence and permitted on May 22, 2001 may obtain electrical power for fruit and vegetable refrigeration only, subject to obtaining applicable building permits. (e) Any and all signs to be utilized on-site must conform to county sign regulations and shall be deemed to be temporary and not a structure, and must be removed upon expiration of the temporary use permit or upon vacation of the site. A sign permit, if required, must be obtained prior to issuance of a transient merchant temporary use permit. (f) Driveways shall access the lowest classification road available to the site; however, existing driveway cuts may be used regardless of the classification of the roadway accessed. (g) All driveways utilized shall be either existing improved and permitted driveways or new driveways meeting the criteria specified herein. New driveways (roads cuts) may be permitted by the county traffic engineer: 1. If traffic maneuverability and safety can be adequately handled by the new driveway location and design; and 2. If a state department of transportation driveway Coding: Underlined words are additions to existing LDR wording; strikentilrotigh words are deletions from existing LDR wording. Page 3 ORDINANCE NO. 2001-013 permit or county right-of-way permit, whichever is applicable, is issued for the driveway. (h) During all sales hours, a minimum of four (4) temporary standard -sized parking spaces for Class "A" and Class "C" merchants, and a minimum of five (5) standard -sized parking spaces for Class "B" merchants, shall be provided on-site with all parking spaces and driveways clearly demarcated on-site with wheelstops. (i) No Class "A" transient merchant operation, as defined herein, shall be located within three thousand (3,000) lineal feet of another permitted "Class A" transient merchant operation. No Class "C" transient merchant operation, as defined herein, shall be located within three thousand (3,000) lineal feet of another permitted "Class C" transient merchant operation. (1) Site dimensions; (2) All required setback lines, (3) Location and dimensions of all temporary pavilions, driveways, entrances and exits, parking spaces and wheel stops; (4) Adjacent roads and road rights-of-way and easements; (5) Location and dimensions of all signs to be used. (6) For Class "C" merchants, copies of all required state and county licenses for the seafood sales operation. (k) Within thirty (30) days of temporary use permit expiration, all items related to the transient merchant operation shall be removed from the site and adjacent county right-of-way shall be restored, as may be required by the county engineering division. Prior to the issuance of any temporary use permit, a cash bond in the amount of two hundred dollars ($200.00) shall be submitted to the county to guarantee site clean-up. This cash bond amount may be increased to an amount of five hundred dollars ($500.00) if temporary alterations to county right-of-way (eg. temporary driveway culverts and backfill) are required. If, after thirty (30) days of permit expiration or abandonment of the site, the site or adjacent county rights-of-way have not been properly cleaned and restored by.the applicant, the county may use the entire amount of submitted funds to pay for disposing of all transient merchant -related Coding: Underlined words are additions to existing LDR wording; words are deletions from existing LDR wording. Page 4 Any include sketch showing: (j) application shall a (1) Site dimensions; (2) All required setback lines, (3) Location and dimensions of all temporary pavilions, driveways, entrances and exits, parking spaces and wheel stops; (4) Adjacent roads and road rights-of-way and easements; (5) Location and dimensions of all signs to be used. (6) For Class "C" merchants, copies of all required state and county licenses for the seafood sales operation. (k) Within thirty (30) days of temporary use permit expiration, all items related to the transient merchant operation shall be removed from the site and adjacent county right-of-way shall be restored, as may be required by the county engineering division. Prior to the issuance of any temporary use permit, a cash bond in the amount of two hundred dollars ($200.00) shall be submitted to the county to guarantee site clean-up. This cash bond amount may be increased to an amount of five hundred dollars ($500.00) if temporary alterations to county right-of-way (eg. temporary driveway culverts and backfill) are required. If, after thirty (30) days of permit expiration or abandonment of the site, the site or adjacent county rights-of-way have not been properly cleaned and restored by.the applicant, the county may use the entire amount of submitted funds to pay for disposing of all transient merchant -related Coding: Underlined words are additions to existing LDR wording; words are deletions from existing LDR wording. Page 4 ORDINANCE NO. 2001-013 items remaining on a site or restoring adjacent county rights-of-way. Upon vacating and cleaning -up a site, an applicant may request in writing to the planning division for return of the submitted funds. Permit applicants will receive the submitted cash bond amount if: (1) The county has not used the funds under the conditions described above, and (2) The site is inspected by the county, and it is verified that the site has been cleaned -up and all transient -merchant -related items have been removed. In cases where the county has used the cash bond for site clean-up or restoration of adjacent county right-of-way, no subsequent transient merchant temporary use permit shall be issued to the same applicant whose vacated operation caused the cash bond default and resulting clean-up by the county. (1) No transient merchants shall operate within any public rights-of-way. No operations within easements shall be permitted unless specifically allowed by all parties having an interest in such easement. (m) Fees for required reviews and inspections performed by the county public health authority in administering provision of this chapter shall be established as approved by the board of county commissioners. 2. 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 the Indian River County which conflict with the provisions of this ordinance are hereby repealed to the extent of such conflict. 3. 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. 4. 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 Coding: Underlined words are additions to existing LDR wording; strikewthrotigh words are deletions from existing LDR wording. Page 5 ORDINANCE NO. 2001-013 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. 5. Effective Date This ordinance shall take effect upon filing with the Florida Secretary of State. This ordinance was advertised in the Vero Beach Press -Journal on the 9th day of May 2001, for a public hearing to be held on the 22nd day of MAY 2001, at which time it was moved for adoption by Commissioner Adams seconded by Commissioner Stanbridge and adopted by the following vote: The ordinance was adopted by a vote of: Chairman Caroline D. Ginn Aye Vice Chairman Ruth M. Stanbridge Aye Commissioner Kenneth R. Macht Absent Commissioner John W. Tippin A�/P Commissioner Fran B. Adams Aye The Chairman thereupon declared the ordinance duly passed and adopted this F,22nd' day, of May 2001IF. IF OF IF .BOARD IOF COUNTY COMMISSIONERS LF IF IF IF OF INDIAN RIVER COUNTY Atte -'J•. K Bar Clerk qIF IF Lr r. By: By: IF IF P,Deputy C16.3 Caroline D. Ginn IF I Chairman S. Filed with;the:'Florida Department of State on the day ofY12IF 2001. IF Page 6 William G. Collins Deputy County Attorney ORDINANCE NO. 2001-013 Community Developmen F:\Community Development\Users\CurDev\LDR\supplement #37\Proposed Changes to Fruit & Veggie - PZC Ordinance Page 7 ORDINANCE NO. 2001-013 •Existing and Permitted Transient Merchant "Temporary" Fruit and Vegetable Stands Staff has verified that the following Class "A" transient merchants were in existence and permitted on May 22, 2001: 1. Timinsky: Indian River Drive and U.S. 1 2. Jong's: 99" Street and U.S. 1 3. Kenneth Lewis: C.R. 512 and C.R. 510 4. Bobbi's: U.S. 1 and 45th Street 5. Clara Lewis:. S.R. 60 and 86th Drive 6. Cracker Trail/Colson: U.S. 1 north of 8th Street 7. Kahn: 27th Ave. S.W. and South Relief Canal 8. (Occasionally used): 43" Ave. S.W., north of 1St Street S.W. FACommunity Development\Users\CurDev\BCC\2001 BCC\ordinance attachment - fruit & vegetable stands electricity