HomeMy WebLinkAbout2014-010ORDINANCE 2014- 010
AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA CONCERNING
AMENDMENTS TO ITS LAND DEVELOPMENT REGULATIONS (LDRs); PROVIDING
FOR AMENDMENTS TO CHAPTER 911, ZONING, BY CREATING THE WEST GIFFORD
INDUSTRIAL AND COMMERCE (WGIC) OVERLAY REGULATIONS SECTION 911.23;
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:
Create LDR Section 911.23 West Gifford Industrial and Commerce (WGIC) Overlay
Regulations, to read as follows:
(1) Purpose. The West Gifford Industrial and Commerce (WGIC) overlay regulations are
intended to establish special regulations for properties in West Gifford zoned IG, General
Industrial to accommodate industry and commerce in West Gifford in a manner compatible with
community residents and businesses.
(2) Boundaries of the WGIC overlay regulations area. The West Gifford Industrial and
Commerce (WGIC) overlay regulations area is generally located between 43`d Avenue and 58th
Avenue, north of 41s' Street, south of 47th Street, and overlays all properties within the
referenced area that are zoned IG (General Industrial).
(3) Relation to IG District regulations. The WGIC overlay regulations supplement the IG
district regulations and supersede the IG district regulations with respect to the uses allowed
within the overlay area as shown in the use table below.
(4) Definitions. The following terms are defined for the purposes of interpreting and
implementing the WGIC overlay regulations:
(a) Junk and salvage yards unenclosed facilities: a use of land meeting the Chapter
901 definition of "Junkyard" conducted primarily outside an enclosed building.
(b) Salvage facility (enclosed building): a use of land meeting the Chapter 901
definition of "Junkyard" conducted within an enclosed building area with the
exception of a loading area screened in accordance with WGIC overlay
regulations.
(5) Uses. Uses in the West Gifford Industrial and Commerce overlay area are classified as
permitted uses (P), administrative permit uses (A), and special exception uses (S). Site plan
review and approval shall be required for the construction, expansion, and change in use of
structures and buildings within the overlay area.
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ORDINANCE 2014-010
Use WGIC Overlay
Agriculture
Nurseries and garden supplies, horticultural and landscape P
Kennels and animal boarding P
Mulch products and services A
Services
Landscape services
P
Veterinary services
P
Commercial Construction
General building contractor/construction yard P
Special trade contractor P
Personal Services
Linen supply P
Carpet and upholstery cleaning P*
1p*
Dry cleaning plants
Auto Repair, Services and Parkin
Automobile parking and storage(paved surface) P
Body and paint shops P*
General automotive repair P*
Carwash P
Miscellaneous Repairs
Electrical and electronic repair P
Reupholstery and furniture P*
Welding P
machinery and equipment (maintenance, repair, and sales) P
-Heavy
Social Services
Job training services P
Wholesale Trade
Durable goods (not including demolition debris site, junk yard, recycling center) P
Non -durable goods P
Auto and home supply store P
Gasoline service station P
Automotive parts (used) P*
Boat dealer P
Recreational vehicle dealer P
dealer P
-Motorcycle
Automotive Dealers and Services
Automobile sales and rentals new and/or used)
P
Automotive fluid sales and services (other than asoline)
P*
Eating and Drinking Establishments
Restaurant P
Take out restaurant P
Drive through restaurant P
Fuel dealer P*
Marine -Related Commercial Activities
Boat sales and rental P
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Marine repair and services
P
Industrial
Food and kindred products
P*
Fruit and vegetable juice extraction
P*
Fruit and vegetable packing house
P*
Cloth and clothing products (excluding textile mills)
P*
Lumber and wood (excluding lumber/saw mills)
P
Furniture and fixtures
P
Printing and related support activities
P
Chemicals
P*
Rubber and plastics (excluding tire manufacturing)
P*
Rubber and plastic footwear
P
Hose, belts, gaskets and packing
P*
Fabricated rubber products
P*
Drugs and harmaceuticals
P*
Footwear
P*
Other leather goods
P*
Brick and tile
P
Concrete batch plants
S
Concrete cast products (excluding block and brick)
P
Cut stone and marble products
P
Glass and glass products
P
Fabricated metal products
P*
Machine shop
P*
Industrial machinery and equipment
P
Electronic and other electric equipment
P
Transportation equipment
P
Instruments and related products
P
Junk and salvage yards unenclosed facilities)
S
Salvage facility (enclosed building)
P*
Demolition Debris Site
S
Transportation and Utilities
Railroad and bus transportation services
P
Trucking and courier services
P
Commercial warehousing & storage
P
Moving and storage
P
Trucking terminal
P
Self -storage
P
Outdoor storage
P
Vehicle storage lot (unpaved, buffered per 926 and 954)
P
Postal services
P
Pipelines
P
Transportation Services
Freight transport arrangement (scheduling, shipping)
P
Communications
Communications towers (wireless facilities)
A**
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ORDINANCE 2014-_ 010
Communications towers (non -wireless facilities)
Amateur radio (accessoryuse)
P
Less than 80 feet
P
80 feet or taller (see 971.44(4) forspecial criteria)
S
Commercial
Up to 70 feet:
Camouflaged
P
Non -camouflaged
P
70 feet to 150 feet:
Camouflaged
Monopole (minimum of 2 users)
A
Not camouflaged and not monopole
A/S**
Over 150 feet:
All tower types (see 971.44(1) for special criteria)
is
Utilities
Public and private utilities, heavy
S
Gas services
P
Electric services
P
Water services
P
Irrigation systems
P
Residential Uses
Accessory housing(watchmen)
P
Single-family subdivision
A
Multi-familydwelling
A
Business Services
Credit reporting and collection
P
Mailing, reproduction and stenographic services
P
Equipment rental and leasing
P
Employment agency
P
P
Help supply services
P
Computer and data processing
Miscellaneous Repair
Electrical repair
P
Watch, clock, jewelry
P
T
1- testing, technology services J
Retail Trade
Building materials and garden su
Paint, glass and wallpaper stores
Hardware store
Auction facilities, enclosed
New and used cars dealer
Used vehicle sales
Auto and home supply stores
Convenience store
P= Permitted use
A= Administrative permit use
lies (retail and wholesale
0
0
0
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ORDINANCE 2014- 010
S= Special exception use
*The use shall be conducted within an enclosed building.
**See 971.44 for wireless regulations and to determine whether the administrative permit or
special exception use process applies.
(6) Upgrade of 45`h Street Appearance. On or before June 30, 2015, the owner of any pre-
existing junk and salvage yard (unenclosed facility) that fronts 451h Street shall obtain approval
from the community development director or his designee of a landscaping and irrigation plan
for a continuous vegetative screening between 45th Street and the salvage yard area. A wall or
similar structure with aesthetic features may substitute for continuous vegetative screening if
shown on an approved plan. The landscaping and irrigation plan, or plan for a wall or similar
structure with aesthetic features, shall be subject to the following:
A. Landscaping improvements shown on the approved landscaping plan shall be
installed, inspected, and deemed acceptable by county staff on or before June 30,
2016.
B. Plans shall show a wall (or similar structure) with aesthetic features or vegetative
screening consisting of one or more of the following: planted berms, vines, shrubs,
understory trees and canopy trees. Where used, vines shall be planted no further apart
than 42" on center and shrubs shall be planted no further apart than 36" on center.
Landscaping and irrigation improvements shall be designed in a manner that does not
increase the degree of non -conformity with respect to parking area for any junk and
salvage yard (unenclosed facility).
This requirement to provide a wall (or similar structure) with aesthetic features or
continuous vegetative screening shall not infringe upon the right of a property owner
to continue to use a legally established (grandfathered -in) non -conforming parking
area adjacent to 45th Street.
C. Where a wall or similar structure with aesthetic features is substituted for continuous
vegetative screening, the wall or similar structure shall be constructed, inspected, and
deemed acceptable by county staff on or before June 30, 2016.
(7) Buffer yard requirements. For new development, where a nonresidential use within the
WGIC overlay area directly abuts a single-family or multifamily residential zoning district or
use, a landscaped buffer yard meeting the following specifications shall be required along the
side and/or rear property line of the development site.
Single -Family Zoning Multi -Family Zoning
Type A 6 ft. a ue Type A 6 ft. Oa ue
The buffer yard shall be measured at a right angle to the lot line. All buffering and
screening requirements shall meet the standards established in Chapter 926, Landscaping and
Buffering. No off-street parking or loading area shall be permitted within the required minimum
buffer yard.
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ORDINANCE 2014- 010
A. A loading dock located adjacent to a residentially designated site and not screened
from view of the adjacent residential site by an intervening building or similar
structure shall be screened by an eight foot high wall located between the loading
dock and the residential site. Wall height shall be measured from the grade elevation
of the parking area adjacent to the loading dock. Plantings along the wall are required
in accordance with the standards of landscape ordinance section 926.08.
B. A loading area associated with a salvage facility (enclosed building) shall be screened
from view from adjacent properties and roadways by an eight foot opaque feature
consisting of a wall or wall and berm combination.
C. Roadway buffers shall be provided as specified in landscape ordinance section
926.09, "Landscaping along roadways".
D. Where a non-residential use abuts a property with a residential land use designation,
the required buffer opaque feature shall consist of a wall with required understory
trees and shrubs installed on the side of the wall facing the residential property.
E. Where a wall is used in a buffer area or along a project perimeter, there shall be
variation in the design of the wall, as provided below.
Variation shall be provided by use of one (1) or more of the following
design criteria or other similar design measures approved in writing by the
community development director or his designee:
a. Using two (2) color paint schemes.
b. Staggering the location of the wall. Straight wall length should not
exceed one hundred (100) feet. The minimum dimension of a wall
offset shall be three (3) feet.
C. Accenting the wall with articulated decorative features.
d. Breaking up the appearance of long sections of wall by the
placement of landscaped berms in front of the wall. Unbermed
wall sections shall not exceed one hundred (100) feet in length.
(8) Mulch products and services special regulations
(a) The administrative permit process and regulations for specific land uses
ordinance section 971.04 shall apply to mulch products and services
development projects, including projects that propose expansion of
existing mulch operations.
(b) Development application special information requirements:
1. A list of on-site activities and materials stored, handled, processed,
and produced on site (including by-products), together with a list
of any MSGP (Multi -Sector General Permit) special industry
sector pollution discharge requirements applicable to the proposed
project.
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(c)
ORDINANCE 2014- 010
2. A national pollutant discharge elimination system (NPDES)
pollution prevention plan. The pollution prevention plans shall
adequately address the following:
a. Containment of run-off from stockpiles.
b. Containment of leaks and spills from vehicles and
equipment used in transporting, handling, or processing
materials.
C. Use of wind erosion control measures in stockpile,
mulching/processing, and driveway areas.
3. A site plan labeling and depicting the distance from any area where
materials are stockpiled, loaded/unloaded, or processed outside an
enclosed building to any property containing a residential dwelling
(including a mobile home) within three -hundred (300) feet of such
area.
4. A comprehensive dust and spillage control plan that, at a
minimum, addresses the following:
a. Treatment of stockpiles, on-site processing areas, and
loading/unloading areas;
b. Control of dust from truck, equipment, and mulching
operations on site;
C. Methods of treatment, such as spraying/watering systems or
other dust suppressants, devices and techniques, that
prevent or minimize air -borne emissions from on-site and
off-site activities;
d. Use of mechanical dust and particulate recovery devices
and techniques;
e. Methods of preventing, minimizing, and cleaning up
material spillage on site and along adjacent roadways;
5. The applicant shall submit for and obtain fire department approval
of a fire protection plan that provides for adequate stockpile
management and access, and fire suppression improvements.
Criteria for mulch products and services:
1. Dust, particulates, and material spillage shall be controlled in
accordance with the project's approved comprehensive dust and
spillage control plan submitted in accordance with the above
requirements. The county may attach special conditions to project
approval. Such conditions may include but are not limited to
sprinkler systems, monitoring systems, structural enclosures, or
operational programs to ensure compliance with the approved dust
and spillage control plan.
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2. Material stockpiles of non-combustible material shall not exceed a
height of twenty-five (25) feet above the grade of the adjacent
project site perimeter. The height of combustible material
stockpiles shall be regulated by the project's fire protection plan as
approved by the fire department.
3. No area where raw materials are stockpiled, loaded/unloaded,
mulched, or processed outside an enclosed building shall be
located closer than three hundred (300) feet to any residential
dwelling (including a mobile home) or residentially zoned
property.
4. A Type "A" buffer with 6' opaque feature shall be provided
between any residentially zoned property or residential dwelling
unit (including a mobile home) and any area where materials are
stockpiled, loaded/unloaded, mulched, or processed outside an
enclosed building.
5. The following best management practices (bmps) shall apply to the
design and operation of the mulch facility.
A. Design and build equipment work areas, chemical storage
areas, and loading/unloading areas with spill containment
features and locate such areas away from any waterbodies,
swales, or recharge ditches.
(a) Maintain an approved spill contingency plan in
work, storage, and loading/unloading areas.
(b) Maintain periodic worker training on spill
contingency procedures, including immediate and
corrective actions, and the filing of incident reports.
(c) Maintain spill kits in work, storage, and
loading/unloading areas.
B. Use double -lined fuel tanks with a secondary containment
around the tanks.
C. Provide convenient and proper solid waste disposal for
workers and for drivers entering or exiting the site.
D. Label every 55 gallon drum and every container for fuel,
chemical, by-product, and waste including non -hazardous
waste.
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(1) Secure all drums with lids and keep all drums in one
common area marked either Hazardous or Non
Hazardous as per RCRA (Resource Conservation
Recovery Act)
(2) Store containers and drums under structures that
provide cover and protect drums from exposure to
precipitation.
(3) Use a covered area, conex box, or other appropriate
container with spill containment to store solvents,
anti -freeze, used oil, used oil filters, used rags,
aerosol cans, and lead acid batteries.
E. Display permits on-site.
F. Maintain on site a file of all approved plans, monitoring
reports, inspections reports, incident reports, and
documentation of corrective actions.
G. Provide county staff and post at the site entrance an
emergency contact that can handle environmental and
public safety incidents during and after business hours.
(9) Demolition debris sites
(a) The WGIC overlay special regulations for concrete batch plants shall
apply to demolition debris site development projects.
(b) The special exception process and criteria of regulations for specific land
uses ordinance section 971.05 shall apply and the specific land use criteria
of section 971.27(1) for demolition debris sites shall apply to demolition
debris site development projects.
(10) Concrete batch plants
(a) The special exception process and regulations for specific land uses
ordinance section 971.05 shall apply to concrete batch plant development
projects.
(b) Development application special information requirements:
1. A list of on-site activities and materials stored, handled, processed,
and produced on site (including by-products), together with a list
of any MSGP (Multi -Sector General Permit) special industry
sector pollution discharge requirements applicable to the proposed
project.
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ORDINANCE 2014- 010
2. A national pollutant discharge elimination system (NPDES)
pollution prevention plan. Such pollution prevention plan shall
incorporate applicable items from the county's list of industrial
best management practices (BMPs) into the pollution preventions
plan. [Said list is maintained by and available from the county
planning department]. In addition, the pollution prevention plans
shall adequately address the following:
a. Containment of run-off from stockpiles.
b. Containment of leaks and spills from vehicles and
equipment used in transporting, handling, or processing
materials.
C. Use of wind erosion control measures in stockpile,
processing areas, and driveway areas.
3. A site plan labeling and depicting the distance from any area where
materials are stockpiled, loaded/unloaded, or processed outside an
enclosed building to any property containing a residential dwelling
(including a mobile home) within three -hundred (300) feet of such
area.
4. A comprehensive dust and spillage control plan that, at a
minimum, addresses the following:
a. Treatment of stockpiles, on-site processing areas, and
loading/unloading areas;
b. Control of dust from truck, equipment, and operations on
site;
C. Methods of treatment, such as spraying/watering systems or
other dust suppressants, devices and techniques, that
prevent or minimize air -borne emissions from on-site and
off-site activities;
d. Use of mechanical dust and particulate recovery devices
and techniques;
e. Methods of preventing, minimizing, and cleaning up
material spillage on site and along adjacent roadways;
f. Applicable items from the county's list of industrial
operation BMPs.
5. Noise modeling data and analysis demonstrating compliance with
Chapter 974 noise and nuisance requirements, including special
conditions necessary to ensure compliance with Chapter 974
requirements. Such conditions may include but are not limited to
special setbacks, buffers, noise -mitigating structures, equipment
specifications, and hours of operation limitations on certain
activities.
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ORDINANCE 2014- 010
(c) Criteria for concrete batch plants:
1. The noise ordinance requirements of Chapter 974 shall be satisfied.
Based on the approved noise modeling data and analysis submitted
in accordance with the above requirements, the county may attach
special noise mitigation conditions to project approval. Such
conditions may include but are not limited to limitations on hours
of operation, use of sound barriers, and use of muffling devices or
techniques to ensure compliance with Chapter 974 requirements.
The following noise mitigation criteria shall be satisfied:
a. Sound -deadening walls or panels shall be placed at truck
loading/unloading areas and at bin gates.
b. An enclosed blower building shall be constructed and used
for the pumping of fly ash.
C. Trucks using the site that are equipped with back-up alarms
shall use alarms that direct sound toward the back of the
truck.
2. Dust, particulates, and material spillage shall be controlled in
accordance with the project's approved comprehensive dust and
spillage control plan submitted in accordance with the above
requirements. The county may attach special conditions to project
approval. Such conditions may include but are not limited to
sprinkler systems, structural enclosures, monitoring systems,
and/or operational conditions to ensure compliance with the
approved dust and spillage control plan. The following dust
control and air emissions criteria shall be satisfied:
a. Covers shall be provided over aggregate conveyors and
mixing areas.
b. Siding, walls, or cladding shall be provided around
aggregate discharge gates and scales.
C. Sprinklers shall be provided and used to wet all site areas
and driveways used by trucks.
d. Wheel wash facilities shall be provided to prevent tracking
of material off-site.
e. As a condition of project approval, the county may require
an applicant to submit air emissions monitoring reports and
take corrective action to ensure compliance with applicable
state and federal air emissions requirements.
3. Material stockpiles shall not exceed a height of fifteen (15) feet
above the grade of the adjacent project site perimeter. The
following criteria for the outdoor storage of aggregate and similar
materials shall be satisfied:
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ORDINANCE 2014- o i o
a. Stockpiles shall be contained in three -walled storage bins
oriented to reduce the potential for airborne emissions from
prevailing winds.
b. Storage bins shall be partially roofed to reduce the potential
of air -borne emissions.
C. The height of bin walls, including vertical screening
structures placed on top of bin walls, shall exceed the
height of materials stockpiled within the bins by at least six
(6) feet where bins are open to the sky.
4. No area where materials are stockpiled, loaded/unloaded, mixed,
or processed outside an enclosed building shall be located closer
than three hundred (300) feet to any residential dwelling (including
a mobile home) or residentially zoned property.
5. A Type "A" buffer with 6' opaque feature shall be provided
between any residentially zoned property or residential dwelling
unit (including a mobile home) and any area where materials are
stockpiled, loaded/unloaded, mixed, or processed outside an
enclosed building.
6. Prior to issuance of a Certificate of Occupancy (C.O.) for the
facility, and once a year thereafter, the plant manager shall invite
and meet with community representatives to exchange contact
information and address actual and potential nuisances related to
the plant. The list of community representatives shall be
maintained by the Community Development department.
(11) Single-family subdivision special regulations
(a) The administrative permit process and criteria of regulations for specific
land uses ordinance section 971.04 shall apply to single-family
subdivision projects.
(b) Additional information requirements:
1. Location, width, composition, and a cross-section of each required
buffer.
(c) Criteria for single-family subdivision
1. The single-family residential subdivision project site shall be
located west of 52nd Avenue, shall abut residentially designated
property, and shall not be located or configured so as to project the
foot print of a residential use into a commercial/industrial area.
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ORDINANCE 2014- 010
2. A Type "A" buffer with 6 foot opaque feature shall be provided as
a required subdivision improvement where the subdivision project
abuts property designated CA (Commercial/Industrial).
(12) Multi family dwellings special regulations
(a) The administrative permit process for an administrative permit approved
at staff -level and the criteria of regulations for specific land uses ordinance
section 971.04 shall apply to multi -family dwellings.
(b) Additional information requirements: A site plan meeting the
requirements of Chapter 914.
(c) Criteria for multi family dwellings:
1. All dwelling units shall be accessory to an allowed use within the
overlay area;
2. In cases where a residential unit is being used in conjunction with a
business in the same building, the total floor area of the residence
may exceed the total floor area of the business.
3. No ground floor dwelling unit shall front a street.
SECTION #2: 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.
SECTION #3: 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 #4: 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 #5: EFFECTIVE DATE
This Ordinance shall take effect upon filing with the Department of State.
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ORDINANCE 2014- 010
This ordinance was advertised in the Press -Journal on the 1 st day of May, 2014, for a public
hearing to be held on the 13t" day of May, 2014, and on the 21st day of May, 2014 for a second
public hearing to be held on the 3rd day of June, 2014, at which time it was moved for adoption
by Commissioner F l e s c h e r .—,seconded by Commissioner Solari
,
and adopted by the following vote:
Chairman Peter D. O'Bryan Aye
Vice Chairman Wesley S. Davis Aye
Commissioner Joseph E. Flescher Aye
Commissioner Tim Zorc Ave
Commissioner Bob Solari Ave
The Chairman there upon declared the ordinance duly passed and adopted this 3rd day of June,
2014.
BOARD OF COUNTY COMMISSIONERS .0.,.......
OF INDIAN RIVER COUNTY •• s%oNkRj'•
1
oma••
BY: •
Peter D. O'Bryan, Chairman
ATTEST: Jeffrey R. Smith, Clerk of Court Comptroller
BY:
Deputy Cle
This ordinance was filed with the Department of State on the following date:
APPROVED AS TO FOW AND LEGAL SUFFICIENCY
<<,-A-
Dylan Rein' old, ounty Attorney
APPROVED AS TO PLANNING MATTERS
Stan Boling, AICP; o unity Development Director
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