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Home My WebLink About1989-23ORDINANCE 89- 23 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA AMENDING SECTION 25,1, REGULATIONS FOR SPECIFIC LAND USES, OF APPENDIX A, ZONING, OF THE CODE OF LAWS AND ORDINANCES; AMENDING SECTION 25.1 (s)(3) SPECIAL EXCEPTION CRITERIA FOR RADIO, TV AND MICROWAVE TRANSMISSION TOWERS; AMENDING SECTION 21(d)(3) AND SECTION 22(A)(d)(4) OF APPENDIX A ZONING OF THE CODE OF LAWS AND ORDINANCES OF INDIAN RIVER COUNTY TO ALLOW RADIO, TV, AND MICROWAVE TRANSMISSION TOWERS AS SPECIAL EXCEPTIONS IN THE IL, LIGHT INDUSTIRAL, AND IG, GENERAL INDUSTRIAL ZONING DISTRICTS AND PROVIDING FOR THE REPEAL OF CONFLICTING PROVISIONS, CODIFICATION DATE, SEVERABILITY AND EFFECTIVE DATE. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMIS- SIONERS OF INDIAN RIVER COUNTY, FLORIDA, THAT: PART 1 Section 21(d) the Light Industrial Zoning District (IL) of Appen- dix A, zoning of the code of Law and Ordinances of Indian River County is hereby amended as follows: (d) Special Exception Uses. The following uses may be permitted within the IL, Light Industrial District, subject to the specific use criteria established in section 25.1 "regulations for specific land uses" and review procedures established Asec�ion�S—.3, "regu- lation of special exception uses." 1. General merchandise sales (Sec. 25.1(j)): Auction facilities, Flea markets. 2. Transportation uses (Sec.25.1(r)): Airports and airstrips. Heliports and helipads. 3. Utility uses (Sec.25.1(s)) Public and private utilities, major, Transmission Towers: Microwave, radio, T.V., etc 4. Adult entertainment Adult bookstore. Adult arcade. Adult dancing establishments. Adult motion picture theater or drive-in. Adult mini -motion picture theater. Adult personal service business. PART 2 Section 22(A)(d) the General Industrial zoning district (IG) of Appendix A, zoning of the code of Law and ordinances of Indian River County is hereby amended as follows: (d) Special exception uses. The following uses may be permitted within the IG, General Industrial 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, "regu- lation of special exception uses." CODING: Words in $#i`utOWWW type are deletions from existing law; words underlined are additions. SmeadSoft Reprint Date: Monday, August 12, 2013 - 12:09:29 - OfficialDocuments:704, Attachment Id 0, Page 1 ORDINANCE 89- 23 1. Vehicular sales, service and storage (Sec.25.1(v)): ne service station. 2. Very heavy industrial uses (Sec. 25.1(u)): Ammunition, armaments and accessories manufacturing. Explosives manufacturing. Junk and salvage yards. Petroleum and natural gas refiningand-related industries. 3. Transportation uses (Sec. 25.1 (r)); Airport and airstrips. 4. Utility uses (Sec. 25.1(s)): ---Public and private-utilties major. Transmission Towers: (Radio, TV, Microwave, etc). 5. Adult entertainment: a. Adult entertainment businesses (Sec.25.1(w)): Adult bookstore. Adult arcade. Adult dancing establishmefts. Adult motion picture theater or drive-in. Adult mini -motion picture theater. Adult personal services business. Adult theater. PART 3 Section 25.1(s)(3) regulations for specific land uses, of appendix A, zoning, of the code and ordinances of Indian River County is hereby amended as follows: (3) Transmission towers (radio, TV and microwave) (Special Exception). a. Districts requiring special exception: Transmission towers may be allowed in the A-1, IL, IG Zoning Dis- +r cts,-pasreoeiuing—approval—as--a special exception -as provided in Section 25.3 and after meeting the require- ments defined below. b. Additional information requirements: 1. Applicant shall present documentation of the possession of any required license by any federal, state of local agency. 2. A site plan, pursuant to the requirements of Section 23. C. Criteria for transmission towers: 1. All towers shall have setbacks from all property lines equal to one hundred ten (110) per cent of the height of the proposed structure. This pro- v'siun- may be waivedormo . ri on a rec mmenda- CODING: Words in 5fH¢jffilil`004Yl type are deletions from existing law; words underlined are additions. SmeadSoft Reprint Date: Monday, August 12, 2013 - 12:09:29 - OfficialDocuments:704, Attachment Id 0, Page 2 ORDINANCE 89 - tion by the director of public works, based upon the following criteria: a. The designed fall radius of the tower is depicted on the site plan and does not impact adjacent uses. b, A certified, signed and sealed statement from a Florida Registered Professional Engineer states that the tower would collapse within the designed and specified fall radius depicted on the plans. 2. In no case shall the fall radius (1108 of height or other approved design fall radius) encroach upon existing off-site structures or residentially zoned 3. The distance of any guy anchorage or similar device shall be at least ten (10) feet from any property line. 4. Suitable protective anti -climb fencing and a landscape planting screening shall be provided and maintained around the structure and accessory attachments. Where the first 50'-6f a tower is visible to theublic, the applicant shall provide one canopy tree oak, pine, etc.) per 3,000 square feet of the designated fall radius. The trees shall be planted in a pattern which will obscure the base area of the tower, without conflicting with the guy wires or the tower. 5- All accPssnry structures shall he subject to the height restrictions provided in Section 25(a), height exceptions. 6. If more than two hundred twenty (220) voltage is necessary for the operation of the facility and is present in a ground grid or in the tower, signs located every twenty (20) feet and attached to the fence or wall shall display in large bold letters h foil -owing: "H-IGH—VOLTAGE-- DANGER." 7. No equipment, mobile or immobile, which is not used in direct support of the transmission or relay facility shall be stored or parked on the site unless repairs to the facility are being made. (Applies only on A-1 zoned property.) B. No tower shall be permitted to encroach into or through any established public or private airport approach plan as provided in the airport height limitations of Section 25(p). 9. All towers shall submit a concep clan. Louvers or shields may be s rom must tower lighting ired as neces- on surrounding used unless 10. The reviewing body shall consider the impact of the proposed tower on residential subdivisions near the project site. 11. All property owners within 600' of the property boundary shall receive written notice. CODING: Words in type are deletions from existing law; words underlined are additions. SmeadSoft Reprint Date: Monday, August 12, 2013 - 12:09:29 - OfficialDocuments:704, Attachment Id 0, Page 3 SmeadSoft Reprint Date: Monday, August 12, 2013 - r , ORDINANCE 89- 23 PART 4 REPEAL OF CONFLICTING PROVISIONS All previous Drdinanc€s-rresolutions, or motions -of- tfie-Board of County Commissioners of Indian River County, Florida, which conflict with the provision 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 provision of this ordinance are hereby repealed to the extent of such conflict. PART 5 CODIFICATION The provisions of this ordinance shall be incorporated into the County Code and the word "Ordinance" may be changed to "sec- tion!', "article", or other appropriate wo_rd and the sections of this ordinance may be renumbered or relettered to accomplish such intentions. PART 6 SEVERABILITY If-any----section,-par-t-0#-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. PART 7 EFFECTIVE -DATE The provisions of this ordinance shall be come 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 CountTof this 25th day of July , 1989. This ordinance was advertised in the Vero Beach Press -Journal on the 30th day of June , 1989 for a public hearing to be held on the Zbth day of July . 1989, at which time it was moved for adoption by Commissioner Sc9rlock and seconded by Commissioner Eggert , 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 Commissioner Don C. Scurlock, Jr. Aye CODING: Words in type are deletions from existing law; words underlined are additions, .2:09:29 - OfficialDocuments:704, Attachment Id 0, Page 4 ORDINANCE eq --23 BOARD OF COUNTY CC OF INDIAN RIVER CC BY_ _ Gary C //heeler; ATTEST BY CAs �!�ile Acknowledgement by the Department of State this 31St day of Jul EFFECTIVE DATE: Acknowledgement ' from th received on this 3rd day of Auqu: 11:00 AM/PM-and-€sled-n-tire-offi-oe-of' of County Tommissioners of Indian River Cou APPROVED AS T0. PLANNING MATTERS IndlinFiuuCa RSi r � V� J k r�`s..t n.Y, State` Hfflorida t-tment;``df. State at erk.'cf' th"oaid oda,' ri Admin. r7 -19-4 By-! --- Legal �0 Robert M. Keatin , AI Budges �f Community Develo men; Director j:!RRiik ept. Mgr._ _ CODING: Words in type are deletions from existing aw; words und—erlined are additions. Transmission Towers JOBN SmeadSoft Reprint Date: Monday, August 12, 2013 - 12:09:29 - OffcialDocuments:704, Attachment Id 0, Page 5 ij