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HomeMy WebLinkAbout1989-301 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA AMENDING THE FOLLOWING SECTIONS OF APPENDIX A OF THE CODE OF LAWS AND ORDINANCES OF INDIAN RIVER COUNTY, FLORIDA KNOWN AS THE ZONING CODE IN REGARDS TO MODIFYING AND ESTABLISHING REGU- LATIONS RELATING TO UNENCLOSED COMMERCIAL AMUSEMENTS: SECTION 4(A), A-1, AGRICULTURAL DISTRICT; SECTION 18(A), CN, NEIGH- BORHOOD COMMERCIAL DISTRICT; SECTION -19, CL, LIMITED COMMER- CIAL DISTRICT, SECTION 20, CG, GENERAL COMMERCIAL DISTRICT; SECTION 20,1, CH, HEAVY COMMERCIAL DISTRICT: SECTION 21, IL, LIGHT INDUSTRIAL DISTRICT; SECTION 22(A), .IG, GENERAL INDUS- TRIAL DISTRICT; SECTIONS 25.1(d) and 25.1(e), COMMERCIAL ENTERTAINMENT, RECREATION AND AMUSEMENT SPECIFIC LAND USE REGULATIONS; SECTION 25 rl (o) ,--RECREATION USER SPECIFIC LAND USE REGULATIONS; AND PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS. CODIFICAATION; SEVERABILI_TY,_AND EFFECTIVE -DAM NOW THEREFORE, be it ordained by the Board of County Commissioners of Indian River County, Florida that: SECTION 1 Section 4(A)(c) be hereby amended as follows: "'-Uses- requiring—admi-nistratiNe—permits.---The- following uses shall be permitted in the A-1 Agricultural Dis- trict, subject to the specific use criteria established in Section 25.1, regulations for specific land uses, and review procedures established in Section 25.2, review of uses requiring administrative permits. 1. Agricultural uses (section 25.1(a)). Agricultural research facilities. Dairy farming. Fruit and vegetable packing houses. Kennels and animal boarding places, commercial. Small animal specialty farms. Tenant dwelling. 2. Residential uses (Section 25.1(b)). Mobile homes. Single-family docks on vacant lots. 3. Institutional uses (Section 25.1(c)). Child care or adult care facilities. 4. Recreational uses (Section 25.11¢y(o)), Country clubs. Golf courses. 5. Commercial uses (Section 25.1(f)). Fruit and vegetable stands. Veterinary clinic or animal hospital. Commercial amusement, unenclosed; Driving ranges (non-residential land use designations only) (Sec. 25,1(d)). 6. Earthmoving. Section 25.1(j)). mining activities." Coding: Words_in_-ftp 0 4f9N_type_are_deletions-from existing law. Words underlined are additions. SmeadSoft Reprint Date: Monday, August 12, 2013 - 11:57:10 - OfficialDocuments:711, Attachment Id 0, Page 1 ORDINANCE--NO—.89— SECTION RDINANCE--NO. 89 SECTION 2 Section 4(A)(d) be hereby amended as follows: "(d) Special exception uses. The following uses may be permitted within the A-1 Agricultural District, subject to the specific use criteria established in Section 25.1, regulations for specific land uses, and review procedures established in Section 25.3, regulation of special exception uses. 1. Agricultural uses. (Section 25.1(a)). Agricultural businesses, excluding wholesaling and Agricultural industries. 2. Residential uses. Guest cottages (Section 25.1(b)). Planned residential development (Section 25.4) 3. Community service uses. (Section 25.1(d)). Correctional institutions. Cultural and civic facilities. Educational facilities, excluding business, secretarial and Vocational. Governmental administration buildings. Recreation uses (Section 25.1(0)). Major sports and recreation areas and facilities including sports stadiums. Transportation uses (Section 25.1(h)). Airports and airstrips. 6. Utility uses (Section 25.1(1)). Public and private utilities, heavy. Transmission towers: Microwave, radio, T.V., etc." SECTION 3 Section 19(b)(4)c. be hereby amended as follows: "(c) Commercial entertainment, recreation and amusement, enclosed. dOJO IM ItoI,6h'O*WItV4aVV44/AhA/)uVeVgT(*e'd O -XWivoaffIUfUlfU-01 SECTION 4 Section 20(b)(5) be hereby amended as follows: "(5) Commercial uses: a. Business services, b. Commercial amusement, enclosed. C. Eating and drinking establishments. d. General merchandise sales; Department store, Furniture and major appliance sales, Showroom-ctal-Gg--storte, Variety store. e. General office and financial services. f. Limited retail sales. g. Personal services. Coding: Words in $fz`YI¢1ffWi type are deletions from existing law. Words underlined are additions. SmeadSoft Reprint Date: Monday, August 12, 2013 - 11:57:10 - OfficialDocuments:711, Attachment Id 0, Page 2 2 ©RDINANCE N" -9— h, Repair services, light. i. Tourist commercial activities; Time-share developments, Hotel and motel facilities. j. Vehicular sales, service and storage; New and used vehicle sales, Gasoline service station Automotive parts store, Commercial parking facilities, Car wash," SECTION 5 Section 20(c) be hereby amended as follows: "(c) Uses requiring administrative permits. The following uses shall be permitted within the CG, General Commer- cial District, subject to specific use criteria estab- lished in section 25.1, "regulations for specific land uses" and review procedures established in section 25.2, "review of uses requiring administrative permits." 1. Residential uses (Sec. 25.1(c)): Multiple -family. 2. Commercial uses a. Veterinary clinic or animal hospital. (Sec. 25.1(2)) ranges. 3. Commercial services (Sec. 25,1(b)): Building material sales and lumberyards. 4. Marine -related commercial activities (Sec. 25.1-fttH Boat sales and rental. Commercial marina, Marine repair and service. Commercial fishery, 5. Utility uses (Sec. 25,1(s)): Public and private utilities, limited. 6. General office and financial services (Sec, 25.1(i)): Model mobile home display. SECTION 6 Section 20(d)(8) be hereby amended as follows: "(8) Commercial uses. a. Eating and drinking establishments (Sec, 25.1(h)): Bottle clubs. b. Commercial amusement, unenclosed (Sec, 25.1(d)): Miniature golf courses." Coding: Words in WUXi t type are deletions from existing law. Words underlined are additions. I SmeadSoft Reprint Date: Monday, August 12, 2013 - 11:57:10 - OfficialDocuments:711, Attachment Id 0, Page 3 ORDINANCE NO 89— SECTION 7 Section 20.1(c) is hereby amended as follows: "(c) Uses requiring administrative permits. The following uses shall be permitted within the CH_, Heavy Commercial District, subject to the specific use criteria estab- lished in section 25.1, "regulations for specific land uses" and review procedures established in section 25.2, "review of uses requiring administrative permits." 1. Agricultural uses (Sec. 25.1(a)): Kennels and animal boarding places, commercial, 2. Residential uses (Sec. 25.1(c)): Accessory housing for nightwatchmen. 3. Utility uses (Sec, 25.1(s)): Public and private utilities, limited, 4ehicular sales, service and storage Sec. 25.1(v)): Used vehicle sales Mobile home trailer sales. 5. Commercial services (Sec. 25.1(b)): Outdoor storage (unenclosed) 6. Commercial uses. a. Eating and drinking establishments (Sec. 25.1(h)): Bottle Clubs b. Commercial amusements, unenclosed: (See. 25.1(d)): Driving ranges. Miniature golf courses. SECTION 8 Section 20.1(d)(2) be hereby amended as follows: "(2) Commercial uses: a. Commercial amusements, unenclosed except miniature golf courses and driving ranges (Sec, 25.1(d). mt X��f X� l hihklakhl NO / bkhki l lddddd]ldddcX ld�zAl��t¢i�X b. General merchandise sales (Sec. 25.1(j)), Auction facilities Flea markets." SECTION 9 Section 21(b)(4) be hereby amended as follows: "(4) Commercial uses: Coding: Words in Ofi`11W#yO type are deletions from existing law. Words underlined are additions. 4 SmeadSoft Reprint Date: Monday, August 12, 2013 - 11:57:10 - OfficialDocuments:711, Attachment Id 0, Page 4 ORDINANCE NO. -89- a. Eating and drinking establishments; Carry -out restaurants, Restaurants, including drive-ins. b. Commercial amusement, unenclosed. C. Commercial services. d. Marine -related commercial activities. e. Repair services, heavy. f. Vehicular sales, service and storage; Gasoline service stations, Car wash, Auto parts sales. g. Veterinary clinic and animal hospital. h. Repair services, light; Small appliances, Furniture." Section 22(A)(b)(5) be hereby amended as follows: "(5) Commercial uses: a. Commercial amusements, unenclosed. b. Commercial services C. Repair services, heavy. d. Veterinary clinic and animal hospital. e. Furniture and fixture manufacturing and repair." SECTION 11 Section 25.1(d) is hereby amended as follows: "(d) Commercial amusements, unenclosed: (1) Unenclosed commercial amusements except miniature golf courses and driving ranges, ItIAUi UU0YI a. District requiring a special exception: U10-iitl" k/fit/404y--- unenclosed commercial amusements except miniature golf courses and driving ranges (see Sec. 25.1(e) may be allowed in the CH District upon approval for a special exception use as provided in Section 25.3 and after meeting the requirements defined below. b. Additional information requirements: A site plan showing the location and orientation of all princi- pal structures -and facil-ities, the location; name and designation of all streets providing direct and indirect ingress and egress to the site and the Coding: Words in $WWOU type are deletions from existing law. Words underlined are additions. 5 SmeadSoft Reprint Date: Monday, August 12, 2013 - 11:57:10 - OfficialDocuments:711, Attachment Id 0, Page 5 ORDINANCE NO 8 -3 - location and specification of all landscape mate- rials; and other plans and documents as needed to demonstrate compliance with the following require- ments. c. Criteria for ¢1XJfi/labkllbb/_/flilddda /iM�t/kd�6 OW unenclosed commercial amusements except miniature golf courses and driving ranges: �Xt��t�fl�fl���XX�lsd�tl��l I'M MOUI-MallN IN [A)bIlditoof/N_1WWJ_f+b1/aW� f �t� / ¢X kli/, l laX�kkkl kfikkkl h/s/ /tltz'd /�J�i'Y�i�Yi'a� / � f 14111WA40kkkll, AU*J//ahycY/MOW llNOV UfWol Wffit/ 10//aW/wAt_�/kkbQdklik6AV/Woof WXM0/UMI 7llllT���lY�Y1�¢t���id1�ll��l��fi�k�lXk/B��fX��i 1. 8 All structures and facilities shall be orient- ed and -screened -in -such- a manner -that will not provide a distraction to the motoring -public on an adjacent street. 2. Exterior lighting. Lighting plans shall be provided (and implemented) which demonstrate that no "spill over" from exterior light sources shall fall onto either roadways or residential zoning districts that are adiacent to the project site. 3. Height limitations. Height limitations shall apply to all structures within the pro'ect site. 4. Signs and images. All formed and fashioned images located outdoors (eq. representation wnlcn are visible from an adjacent roadway or residential zoning district shall be treated as signs and shall be restricted by the zoning code sign regulations. Any formed or fash- ioned images used outdoors which the developer demonstrates are not visible from an adjacent roadway or residential zoning district shall be exempted from sign regulations. Coding: Words intype are deletions from existing law. Words underlined are additions. 6 SmeadSoft Reprint Date: Monday, August 12, 2013 - 11:57:10 - OfficialDocuments:711, Attachment Id 0, Page 6 OIRDi-MANCE-NO. 89 5. Noise: Where a a residential conditions may ect site is within 300' of Ana district, additional iaaess special noise impacts. bucn con- itions may include but are not limited to setbacks, noise -reducing buffers, restrictions Fn outdoor speakers and hours of operation 6. Traffic control: Additional conditions may be added by the County to address special traffic control impacts related to sports and recre- ational events. 7. Bufferyard: A bufferyard having a minimum —depth -of 7-5' when- adjac-ent-to-a si-ngle-family zoning district, 50' when adjacent to a multi -family district, shall be established and maintained as permanent open space where the project site parcel abuts a residential zoning district. Within the bufferyard, Type "A" screening shall be provided. (2) Miniature golf courses. a. District requiring administrative permit: CH district upon approval for an administrative permit as�rovided in Section 25.2 and after meeting the requirements defined below. b. District reauirina special exception: CG district upon after mee C. Additional information requirements: plans and documen- tation shall be provided by the developer as needed to demonstrate compliance with the following requirements. d. Criteria for miniature golf courses: 1. Bufferyard: A bufferyard having a minimum depth of 75' when adjacent to a single-family zoning dis- trict, 50' when adjacent to a multi -family dis- trict, shall be established and maintained as permanent open space where the project site parcel abuts a residential zoning district. Within the bufferyard, Type "A" screening shall be provided. 2. Exterior lighting. Lighting plans shall be provid- ed (and implemented) which demonstrate that no "spill over" from exterior light sources shall fall onto either roadways or residential zoning dis- tricts that are adjacent to the project site. 3. Hours of Operation: Where a project site is within 200' of a residential zoning district, the estab- lishment shall not be operated from 11:00 p.m. to 7:00 a.m. 9. Heiqht limitations: Heiaht limitations shall apol to all structures within the project site. 5. Signs and images. All formed and fashioned images located outdoors (eg. representations of animals,) windmills, recreated scenes, etc.) which are visible from an adjacent roadway or residential zoning district shall be treated as signs and shall be restricted by the zoning code sign-reaulations. Any rormea or fa: the developer den Coding: Words inty law. Words underlined are addit 7 SmeadSoft Reprint Date: Monday, August 12, 2013 - 11:57:11 - OfficialDocuments:711, Attachment Id 0, Page 7 s titrates are not visible from an are deletions from existing S. ORDINANCE NO. $9= adjacent roadway or residential zoning district shall be exempted from sign regulations. 6. Noise: Where a project site is within 300' of a residential zoning district, additional conditions impacts. suon conaitions may 1 clucte but are not limited setbacks, noise -reducing buffers, restrictions on outdoor speakers and hours of operation. 3. Driving ranges. a. Districts it: A-1, CG and as proviaea in Section ana aster meeting the requirements defined below. b. Additional information requirements: plans and docu- mention shall be provided by the developer as needed to demonstrate compliance with the following requirements. C. Criteria for driving ranges: 1. Non -range areas. All areas except the range (ball landing) area, such as the parking, building, practice putting, and tee -off areas shall be located at least 100' from any residential zoning district. 2. Tree protection. No protected trees, as defined within the _tree rotectionordinance, shall be removed from the range ball landing) area unless the applicant demonstrates that removal of the tree(s) is necessary for reasons of safety or functioning of the range such as for ball re- trieval.) 3. Exterior lighting. Lighting plans shall be provid- ed (and implemented) which demonstrate that no "spill over from exterior light sources shall fall onto either roadways or residential zoning dis- tricts that are adjacent to the project site. 4. No driving range shall be allowed on a site zoned A-1 unless that site has a non-residential land use plan designation. Section 25.1(e) be hereby amended as follows: "(e) Commercial entertainment, recreation, and amusements, enclosed ��t¢Xbdid�/v11`X*��fX�i/tiMY�t$/��i�l/�XuiXX�1` "(1) Health and exercise studio" S_peaial—exce_ptioJ_. a. Districts requiring special exception: Health and exercise studios may be allowed in the CN District upon approval for a special exception as provided in Section 25.3 and after meeting the requirements defined below. b. Additional information requirements: A site plan -----showing--the--proposed floor plan an meeting all -of the requirements of Section 23. Coding: Words in SitUKfWM type are deletions from existing law. Words underlined are additions. 8 SmeadSoft Reprint Date: Monday, August 12, 2013 - 11:57:11 - OfficialDocuments:711, Attachment Id 0, Page 8 ORD I-NANC-D—NO—.8 9` c, Criteria for health and exercise studios: 1. The total gross floor area shall not exceed two thousand (2,000) square feet. 2. Type "B" screening, as defined in Section 23 shall be provided along all property lines abutting a residential use." SECTION 13 Section 18(A).2(e) be hereby amended as follows: "I -e Spedal-exception-uses.—The-followin- q -uses -may -be permitted within the CN neighborhood district, subject to the specific use criteria established in section 25.1 "regulations for specific land uses" and review proce- dures established in section 25.3, "regulation of special exception uses." 1. Residential uses: Planned- developmen" Sec. 5:4j. 2. Community service uses (Sec. 25.1(q)): Schools, primary and secondary. 3. Commercial uses: a. Commercial entertainment,_ recreation and amusements, enclosed (Section 25.1(e)): 1. Health and exercise studios." SECTION 19 Section 25.1(o)(3) be hereby amended as follows: "(3) Major sports and recreation areas and facilities including sports stadiums (Special Exception) a. Districts requiring special exception: Major sports and recreation areas and facilities may be allowed in the A-1 District upon receiving approval as a special exception as provided and after meeting the requirements defined below. b. Additional information requirements: The site plan shall denote the location of all existing struc- tures, parking facilities, and the circulation plan for the proposed facility and all adjacent sites, pursuant to the requirements of Section 23 and other plans and documents as needed to demonstrate compliance with the following requirements. C. Criteria for major sports areas and facilities including sports stadiums; 1. All buildings and structures shall be at least thirty (30) feet from all property lines. 2. Off-street parking shall be provided in the ration of a minimum of one space to every four Coding: Words in type are deletions from existing law. Words underlined are additions. 9 SmeadSoft Reprint Date: Monday, August 12, 2013 - 11:57:11 - OfficialDocuments:711, Attachment Id 0, Page 9 All facilities shall be located on a paved collector or arterial street, as established in the county thoroughfare plan, 4. The facility shall be designed so that any outdoor lighting is shielded and directed away from any residential areas. 5. Noise: Where a project site is withinXVof a residential zoning district additional conditions may be added by the County to address noise impacts. Such conditions may include but are not limited to setbacks, noise -reducing buffers, restrictions on 6. Traffic control_:-_ Additional conditions may be added by the County to address special traffic control impacts related to sports and recreational events." SECTION 15 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 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 16 CODIFICATION The provisions of this ordinance shall be incorporated into the Countyand "ordinance" "sec- tion", "article", or other appropriate word, and the sections of *his -ordinance mag -...�Z be- renumber€�-relettere"-accomplish_such- intentions. SECTION 17 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- lative intent to pass this ordinance without such unconstitution- al, invalid or inoperative part. SECTION 18 EFFECTIVE DATE The provisions of this ordinance shall become effective upon receipt from the Florida Secretary of State of official acknowl- edgement that this ordinance has been filed with the Department of State. Approved and adopted by the Board of County Commissioners of Indian River County, Florida on this day, of 1989. Coding: Words intype are deletions from existing law. Words underlined are additions. 10 SmeadSoft Reprint Date: Monday, August 12, 2013 - 11:57:11 - OfficialDocuments:711, Attachment Id 0, Page 10 ORDINANCE NO. 89- 30 'his -ordinance was advertised-+a-�-advertised in—the Vero ach Press -Journal on the 26th day of September , 1989, for a public wearing to- beheld on -the --170 day of 0ctoberdt which time it was moved for adoption by Commissioner Eggert , seconded -by-Commissioner -Bowman and adopted -by the following vote; Chairman Gary C. Wheeler Aye Vice Chairman Carolyn K. Eggert Aye Commissioner Richard N. Bird Aye Commissioner Margaret C. Bowman Aye Chairman -Don Scurlock Jr. 5sent BOARD OF COUNTY COMMISSIONERSt-` nF TNIITAN RttIRR roclnlmv 4 BY 9fal Gary C. Weeler, Chairman ATTEST BY: Acknowledgement by-the-Department-ot State of Che state of Florida this 23rd day of October , 1989. PF Effective Date: Acknowledgement from the Department ofd State receivedon this 7th—day-of--Octobe ' 19g9 at:' 2:00 A.M; JP M• and filed in the office of tnhe''Clerk of the Board_of_Coun-ty commissioners_�f-Indian River Coun,- -Florida. APPROVED AS TO FORM AND LEGAL SUFFICIENCY. William G. Collins II, Assistant County Attorney AS TO PLANNING MATTERS Development Intian Alva Ce AQproved Date Admin /0^9-s Legal wG �Z��i -B1de-et _�/ _ De91• Unenclosed Amusements -Mg[� N ORD2 Coding: Words in WUMUO type are -deletions -from -existing law. Words underlined are additions. SmeadSoft Reprint Date: Monday, August 12, 2013 - 11:57:11 - OfficialDocuments:711, Attachment Id 0, Page 11