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Home My WebLink About2012-039ORDINANCE 2012- 039 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA CONCERNING AMENDMENTS TO ITS LAND DEVELOPMENT REGULATIONS (LDRs); PROVIDING FOR AMENDMENTS TO CHAPTER 911, ZONING AND CHAPTER 956 SIGN REGULATIONS, BY AMENDING ROSELAND CORRIDOR REGULATIONS SECTION 911.21 PERTAINING TO FREE-STANDING SIGNS AND COMPATIBLE PROPERTIES, BY AMENDING OTHER CORRIDORS SPECIAL DEVELOPMENT REGULATIONS SECTION 911.22 PERTAINING TO FREE-STANDING SIGNS AND COMPATIBLE PROPERTIES; AND BY AMENDING SIGN REGULATIONS SECTION 956.08 PERTAINING TO DECORATIVE SIGN BASES, 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) CHAPTER 911, ZONING, BE AMENDED AS FOLLOWS: SECTION #1: Amend LDR Section 911.21(6)(a) Roseland Corridor regulations, to read as follows: (6) Non -conformities. Within the Roseland Corridor Plan area, legally established existing development and uses that do not comply with these special regulations are grandfathered -in under the countywide nonconformities regulations of LDR Chapter 904. All nonconforming uses and structures are governed by the LDR Chapter 904 regulations. In addition, within the Roseland corridor plan area the following non -conformities regulations shall apply: (a) Nonconforming property. It is the intent of this chapter to allow nonconforming properties to continue, but also to encourage their conformity to what shall be referred to as a "compatible property." A "compatible property" shall be considered in compliance with the intent of the Roseland Corridor special regulations. For the purposes of the Roseland Corridor special regulations, "compatible property" is—defined as any pfopefty, with improvements ""''++e'' C a a eape buffed -end sig ments—ofthese al regulatiens and "free-standing sign heiiht" shall be defined pursuant to the definitions for those terms in the Other Corridors regulations found in section 911.22(4). (b) Continuance of nonconforming property. A nonconforming property may be continued, subject to the following provisions: 1. Use of nonconforming structures abandoned for a period of twelve (12) or more consecutive months (cross-reference LDR section 904.08) located on a nonconforming property shall not be permitted until the property is brought into compliance with the requirements of a compatible property. Bold Underline: Additions to Ordinance 1 StfiIEO thFSH& Deleted Text from Existing Ordinance F:\Community Development\Users\CurDev\Ordinances\2012\2012-_ 911 and 956 (mcdonalds).doe ORDINANCE 2012-039 2. Except as otherwise provided herein, there may be a change of tenancy or ownership of a nonconforming property, without the loss of nonconforming status, if use of the nonconforming structures is not abandoned for a period of twelve (12) or more consecutive months. 3. Colors of a structure located on a nonconforming property shall not be changed from those existing at the time of the adoption of these special regulations, unless the new, to -be -painted colors comply with the Roseland special color regulations. 4. Projects on nonconforming properties requiring a building permit (excluding permits for roofs or minor repairs or improvements required by law) shall be required to bring the property into compliance as a "compatible property." 5. A structure located on a nonconforming property shall not be enlarged or increased in any way from its lawful size at the time of the adoption of these special regulations. Where such changes are made, a building permit and compliance with the requirements of a "compatible property" are required for the enlargement or addition. SECTION #2: Amend LDR Section 911.22(4) Other Corridors definitions, to read as follows: (4) Definitions. The following terms are defined for the corridor special development regulations: (a) Facade: For purposes of applying architectural/building standards, a facade shall mean any face of a building (including the visible portion of roof) which is visible from a roadway and/or residentially designated area. (b) Low sloped roof A roof with a slope less than 4:12 (rise:run). Flat roofs are included in this term and classification. (c) Visible roof structure: A partial or perimeter roof (used in conjunction with a low sloped roof) that gives the appearance of having a true gable, hip, shed, or mansard roof. A parapet wall is not a "visible roof structure." (d) In all sections other than color and building graphics, the terms "finish" and "exposed" shall refer to materials or systems which may be visible, and shall not refer to a paint or coloring system applied over said materials or systems. (e) Visually offensive elements: Structures that include: vending machines, gaming machines, ice machines, telephones, walk-in coolers/freezers, transformers, electrical equipment (including panels and meters), water or waste piping and valves, pumps, satellite dishes, antennas, fans, exhaust vents, compressors, generators, tanks, and similar equipment. Bold Underline: Additions to Ordinance 2 Strike thFOUglr: Deleted Text from Existing Ordinance F:\Community Development\Users\CurDev\Ordinances\2012\2012-_ 911 and 956 (mcdonalds).doc ORDINANCE 2012- 039 (f) Nuisance elements: Structures that loading and unloading dock areas, commercial grade HVAC equipment. have visual and noise impacts, including; dumpster and trash container areas, and (g) Nonconforming sign: A sign located in the corridor that was permitted prior to adoption of the corridor special regulations and does not meet these special sign regulations. (h) Nonconforming property: A property with improvements that were permitted prior to the adoption of the corridor special regulations and that do not meet the corridor special regulations. (i) Compatible property: Any property with improvements, permitted prior to the adoption of this Code, and conforming to the corridor's: a) building thoroughfare plan road buffer: b) color; and c) signage requirements, except that a non- conforming free-standing sign may remain, subiect to the non -conforming sign regulations of this code 1911.22(9)(i)1 and subiect to screening the lower portion of the sign pole/support with landscaping or a decorative base when a building permit is required for proiect improvements (excluding permits for roofs or minor repairs). See section 911.22(14)(b)4 of this code. (h) Free—standin,Q sirn height. the highest point of a sign measured from the ¢rade of the adiacent proiect parking area or street, whichever is higher. SECTION #3: Amend LDR Section 956.08 Building permits for signs, to read as follows: In addition to an administrative zoning permit, a building permit is required to ensure compliance with the Standard Building Code and National Electrical Code, as applicable. The application described in section 956.05 shall be accepted as a joint application for both an administrative zoning permit and a building permit. No sign shall be issued a building permit until it is determined that the structural plans for the sign are consistent with this chapter and applicable provisions of the Standard Building Code. Construction of a decorative base or similar structure associated with a free-standing sign shall not be considered replacement of the free-standing sign or construction of a new free- standing sign. 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. Bold Underline: Additions to Ordinance 3 St -h: Deleted Text from Existing Ordinance F:\Community Development\Users\CurDev\Ordinances\2012\2012-_ 911 and 956 (mcdonalds).doc ORDINANCE 2012- 039 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. This ordinance was advertised in the Press -Journal on the 26th day of November, 2012, for a public hearing to be held on the l lt" day of December, 2012, at which time it was moved for adoption by Commissioner solari , seconded by Commissioner Davis , and adopted by the following vote: Chairman Joseph E. Flescher Ave Vice Chairman Wesley S. Davis Aye Commissioner Tim Zorc Aye Commissioner Peter D. O'Bryan Aye Commissioner Bob Solari Ave BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY •'"�M�SStio�F�' s ', a_1 � ' 4 24PJoseph . Flescher, Chairman, ATTEST: Jeffrey R. S ith, Clerk of ourt and Comptroller -,-- B y Deputy Clerk Bold Underline: Additions to Ordinance 4 Strike-t#reegl! Deleted Text from Existing Ordinance F:\Community Development\Users\CurDev\Ordinances\2012\2012-_ 911 and 956 (mcdonalds).doc ORDINANCE 2012- 039 This ordinance was filed with the Department of State on the following date: APPROVED AS TO FORM AND LEGAL SUFFICIENCY Sr., County Attorney APPROVED AS TO PLANNING MATTERS Robert M. Keating, AIC-11111- Commu Development Director Bold Underline: Additions to Ordinance StFike tthro gh! Deleted Text from Existing Ordinance F:\Community Development\Users\CurDev\Ordinances\2012\2012-_ 911 and 956 (mcdonalds).doc