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HomeMy WebLinkAbout1989-16ORDINANCE NO. 89-16 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA AMENDING SECTION 19,CL, LIMITED. COMMERCIAL DISTRICT; SECTION 20,CG, GENERAL COMMER- CIAL DISTRICT; SECTION 20.1,CH, HEAVY COMMERCIAL DISTRICT; SECTION 21, IL, LIGHT INDUSTRIAL DISTRICT; SECTION 22(A),IG, GENERAL INDUSTRIAL DISTRICT AND SECTION 25.1: REGULATIONS FOR SPECIFIC LAND USES, OF APPENDIX A OF THE CODE OF LAWS AND ORDINANCES OF INDIAN RIVER COUNTY, FLORIDA, KNOWN -AS THE ZONING CODE; PROVIDING FOR THE ESTABLISHMENT OF A SPECIFIC USE CLASSIFICATION LISTING TO BE KNOWN AS AUTOMOTIVE FLUIDS PRODUCTS SALES AND SERVICE OTHER .THAN GASOLINE; PROVIDING FOR SPECIFIC CRITERIA APPLICABLE TO THE DEVELOPMENT OF SUCH A USE AND PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS, CODIFICATION, SEVERABILITY, AND EFFECTIVE DATE. NOW THEREFORE, be it ordained by the Board of County Commissioners of Indian River County, Florida, that: SECTION 1 Section 19(c)(4) be hereby amended as follows: 11(4.) Vehicular sales, service and storage (sec. Automotive fuel sales. Gasoline service -station. Automotive fluids products sales and service other than gasoline." SECTION 2 Section 20(b)(5)j. be hereby amended as follows: "j. - Vehicular sales, service and storage; New and used vehicle sales, Gasoline service station, Automotive parts store, Commercial parking facilities Automotive fluids- products sales and service other than gasoline." SECTION 3 Section 20'.l(b)(5)g. be hereby amended as follows: "g. Vehicular sales, service and storage; Automotive par s store, Car wash, Commercial parking facilities, Gasoline service station, New and used vehicle sales. Automotive fluids products sales and service other than gasoline." SECTION 4 Section 21(b)(4)f. be hereby amended as follows: "f. Vehicular sales, service and storage; Gasolineservice stations, Commercial parking, Auto parts sales, Automotive fluids products sales and service other than gasoline." , jCoWding:'�pWQ�ords in sftOffl N type are deletions from existing SmeadSoff Reprint Date: Wednesday, August 14, 2013 - 11:20:07 - of�ca ocumen�s?i97' A� ire. additions. - ORDINANCE NO. 89-16 SECTION 5 Section 22(A).(b)(5) be hereby amended as follows: uses: a. Commercial entertainment, recreation and amusement; Auto race track, Drive-in theatres and unenclosed commercial amusement facilities. c. Repair services, heavy. d. Veterinary clinic and animal hospital. e. Furniture and fixture manufacturing and repair. f. Vehicular Sales, Service and storage: Automotive fluids products sales and service other than gasoline." SECTION 6- - Section 25.1(v) be hereby amended as follows: "(v) Vehicular sales, service and storage. (1) Automotive fuel sales (Administrative Permit). a. Districts requiring administrative permit: Automo- tive fuel sales may be permitted within a CN or CL District upon receiving approval for an administra- tive permit pursuant to the provisions of Section 25.2 and upon meeting the requirements defined below. b. Additional information requirements: i. A site- pi-&n—meeting�--al-1 requirements of Section 23 which shows the zoning designation of all properties within one hundred (100) feet of the site. 2. The location of all gasoline pumps, tanks and pump islands. c. Criteria for automotive fuel sales: 1. All automotive fuel sales shall be accessory to limited retail sales establishment. 2. The retail establishment shall be a minimum of fifty (50) feet from all fuel pumping areas. 3. No automotive repair or maintenance activities 4. The location of all gasoline storage tanks and facilities shall be subject to all applicable standards of the National Fire Protection Association (NFPA). (2) Gasoline service stations (Administrative Permit and Special Exception) . a. Districts requiring administrative permit approval: Gasoline service stations may be allowed in the CL District upon approval of an administrative permit pursuant to the provisions of Section 25.2 and upon meeting the requirements defined below. Coding: Words in type are deletions from existing law. Words underlined are additions. SmeadSoft Reprint Date: Wednesday, August 14, 2013 - 11:20:08 - OfficialDocuments:697, Attachment Id 0, Page 2 ORDINANCE NO. 89-16 b. Districts requiring special exception: Gasoline service stations may be allowed in the IG District upon approval of a special exception as provided in Section 25.3 and aftermeeting the requirements defined below. c. Additional information requirements: 1. A site plan meeting all requirements of Section 23 which shows the zoning designation of all properties within one hundred (100) feet of the site. 2.' The location of all gasoline pumps, tanks and pump islands. d. Criteria for gasoline service stations: 1. The use shall provide for efficient internal circulation of vehicles on site. 2 -.-All service stations lo�ee within an IG District shall be subject to the restrictions and requirements of the applicable fire department, in order to ensure adequate separation from heavy industrial uses which may pose a safety hazard. 3. All tanks and facilities for the storage of gasoline-petrnleum offs and other flammable liquids shall be located underground and shall be subject to all setback requirements of the applicable district. 4. No outdoor storage shall be permitted. 5. No site shall abut or be located within one hundred (100) feet of a residential district. (3) Automotive fluids products sales and service other than gasoline (Administrative Permit) a. Districts requirinq administrative permit approval: Automotive fluids products sales and service other than gasoline may be allowed in the CL and IG Districts upon approval of an administrative permit pursuant to the provisions of Section 25.2 and upon meeting the requirements defined below b. Additional informational requirements: 1. A site plan meeting all requirements of Section 23 which shows the zoning designation of all properties within one hundred (100) feet of the site. 2. A hazardous waste survey form specifying all hazardous wastes handled, used, and generated on site. C. Criteria for automotive fluids products sales and service other than gasoline in the CL District: 1. Service of automobiles shall be within an enclosed -building; outside-male-of--prrodvcts-is prohibited. Coding: Words in 4fH0VUH type are deletions from existing law. Words underlined are additions. SmeadSoft Reprint Date: Wednesday, August 14, 2013 - 11:20:08 - OfficialDocuments:697, Attachment Id 0, Page 3 ORDINANCE NO. 69-16 2. Maintenance and services performed shall be limited to the draining and re_nlacement of fluids and minnr ooutdoor storage shall be permitted. 4. All generated hazardous waste shall be stored, handled, and disposed of in a manner acceptable to the environmental health and county utilities departments. . All tanks and facilities for the storage of �t to strict. Criteria for automotive products sales and service other than gasoline in the IG District: (4 OY Used Vehicle sales (Administrative Permit and Special Exception). a. Districts requiring administrative permit: Used vehicle sales shall be allowed within a CH District upon approval of an administrative permit as provided in Section 25.2 and after meeting e requirements defined below. b. Districts requiring special exception: Used vehicles sales may be allowed within a CG District upon receiving approval as a special exception as provided in Section 25.3 and after meeting the requirements defined below. C. Addition information requirements: A site plan meeting all of the requirements of Section 23 which shows the approximate location an maximum number . of automobiles to be accommodated on the site. d.Criteria for used vehicle sales: 1. No such establishment shall be permitted on a Int of rprord having less than ten thousand (10,000) square feet in a CG District or fifteen thousand (_15 000)squarefeet in a CH District. 2. All vehicular sales and off-street parking areas shall have paved surfaces which meet the standards of Section 24(f)(1) or (2). Coding: Words in type are deletions from existing lamt.- Words underlined -are -additions, SmeadSoff Reprint Date: Wednesday, August 14, 2013 - 11:20:08 - OffcialDocuments:697, Attachment Id 0, Page 4 ORDINANCE NO. 89-16 3. No vehicular sales are or structure shall be located closer than twenty-five (25) feet to any property line. 4. The site shall provide for separation of vehicular sales areas and -off-street _parking areas. 5. All designated sales areas shall provide for a minimum of three hundred (300) square feet.per vehicle. Drives and maneuvering areas shall be designed to permit convenient on-site maneuvering of the vehicles. MIR Mali—me tr-ailer--ssl7e&--(Administrative- fermi a, Districts requiring administrative permits: Mobile home trailer sales may be permitted with the CH District upon receiving approval for an administra- tive permit as provided in Section 25.2 and after meeting the requirements defined below: b. Additional information requirements: 1. A site plan showing the location, dimensions, and area of the mobile home trailer sales office and the mobile home trailer display area(s). 2. The maximum number of trailer units to be displayed on site at any one (1) time shall be C. Criteria for mobile home trailer sales: 1. All mobile home trailers displayed shall meet the applicable building setback requirements. 2. All mobile homes displayed shall be provided with undercarriage skirting. 3. All designated display areas shall provide for alini...u;. of one thousand-sig-hundred(1,600) square feet per trailer. 4. In addition to the parking required for the sales office, a minimum of one (1) parking space shall be provided for each three thou- sand two hundred (3,200) square feet of trailer display area." 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 extend of such conflict. all Special Acts of the legisla- ture 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. SECTION 8 CODIFICATION The provisions of this ordinance shall be incorporated into the County Code and the word "ordinance" may be changed to "sec - Coding: Words in Off$OXffM type are deletions from existing law. Words underlined are additions. SmeadSoff Reprint Date: Wednesday, August 14, 2013 - 11:70:09 - OffcialDocuments:697, Attachment Id 0, Page 5 ORDINANCE NO. 89-16 tion", "article", or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intentions. SECTION 9 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 legis - i ativ€-intent-to--pass-this-ordinance-without—ueh-uneons-titutit3n- al, invalid or inoperative part. SECTION 10 EFFECTIVE DATE The provisions of this ordinance shall be come effective upon receipt from the Florida Secretary of State of official acknowl- e gement-that-tYls ordinance has beenif ed witherepar me�9f State. Approved and adopted by the Board of County Commissioners of Indian River County, Florida, on this 13th day of June , 1989. This ordinance was advertised in the Vero Beach Press -Journal on the 22nd day of Maw; 1989, for a public -hearing to be held on the 13th day of June , 1989, at which time it was moved for adoption by Commissioner Scurlock , seconded by Commis- sioner Bird , and adopted by the following vote: Chairman Gary C. Wheeler Vice Chairman Carolyn K. Eggert Nay ommTSsiorreT—Richard N Rildl Aye Commissioner Margaret C. Bowman Nay Chairman Don C. Scurlock, Jr. Aye BOARD OF COUNTY COMMISSIONERS OF IND AN RIVER COUNTY By • Gary C. eeler, Chairman ATTEST BY: 00aa.e.L Acknowledgment -by --the -D€pa-r-tment-o-f State of the Sta,'te of dr da, this 19th day of June ,1989'1-` . Effective Date: Acknowledgment from the Department of State received on this 22nd day of June 19.89,at Coding: Words in type are deletions from existing law. Words-un&T-Tined-are adiditions. SmeadSoft Reprint Date: Wednesday, August 14, 2013 - 11:20:09 - OfficialDocuments:697, Attachment Id 0, Page 6 ORDINANCE NO. 89- 31" A.M. P.M. and filed in the office of the Clerk of the Board of County Commissioners of Indian River County, Florida. APPROVED AS TO FORM AND LEGAL SUFFICIENCY. APPROVED AS TO PLANNING MATTERS Robert M. KeatinJ, C nunity Development Direc Auto Petro Ordinance AGNIT2 Inft Riva Ca ApprovedDale Admin. (, Legal W(,Gpp 6-6- Budgel n Dept. ' Risk Mgr. SmeadSoft Reprint Date: Wednesday, August 14, 2013 - 11:20:09 - OfficialDocuments:697, Attachment Id 0, Page 7