HomeMy WebLinkAbout2012-022ORDINANCE 2012-022
AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA CONCERNING
AMENDMENTS TO ITS LAND DEVELOPMENT REGULATIONS (LDRs); PROVIDING
FOR AMENDMENTS TO CHAPTER 972, TEMPORARY USES, BY AMENDING 972.08
SPECIFIC USES, STANDARDS AND REQUIREMENTS, 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 972, TEMPORARY USES, BE AMENDED AS
FOLLOWS:
SECTION #1:
Amend LDR section 972.08, Specific Uses, Standards and Requirements, to read as follows:
(1) Model homes shall be an authorized temporary use and may be used as such,
provided the following requirements are met:
(a) Temporary permits for model homes may be issued for a period not to exceed one
year. The community development director may renew said permit upon
application, provided that the model home has been constructed and operated in
accordance with the standards herein and conditions of the original permit.
(b) All parking shall be provided off-street and a minimum of five (5) parking spaces
shall be provided. Spaces must meet the size requirements of spaces as specified
in Chapter 954, must be demarcated on-site, and must be paved or fully sodded or
otherwise stabilized.
(c) The permit holder may not use the model home as his or her principal place of
business. The model home shall be used for display purposes only, and not as a
contractor's office, real estate office, or annex thereo£i Hhowever, price
quotations may be given and binders may be executed on the premises.
(d) Business activity may be conducted at the model home only between the hours of
8:00 a.m. and 7:00 p.m., seven days per week; and not more than two (2)
permanent employees (in addition to the owner thereof) shall be authorized to
remain in the model during the business day.
(e) The model home shall meet all district requirements for lot and yard dimensions,
open space standards and all other applicable county regulations.
(f) All signs shall conform with Chapter 956 regulations; however, on -premises
model home signs shall not be illuminated.
(g) Model homes may be illuminated, but such illumination shall not cause a glare
that infringes on neighboring properties or traffic using adjacent roadways.
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(h) At the time of application submittal, the applicant shall verify in writine that
the proposed model home use is not prohibited by recorded private deed
restrictions. In addition, the applicant shall provide contact information for
any property owners association established for the subdivision in which the
model home is proposed.
(2) Temporary construction trailers, temporary construction storage facilities, and
watchmen's quarters which are used temporarily in connection with construction activities may
be permitted to locate in any zoning district under a temporary use permit issued by the
community development director if the following requirements are met.
(a) Temporary use permits for construction trailers and temporary construction
storage facilities may be issued for temporary trailers for a period of up to one
year. Upon showing of good cause, such permits may be renewed annually by the
community development director. In no case shall a permit be renewed for a
period of time which extends beyond the termination date of an active building
permit for the project.
(b) Temporary use permits for construction trailers and temporary construction
storage facilities may be issued for "construction compound areas" which may
contain several trailers and facilities for a construction project.
(c) Construction trailers may be allowed in conjunction with construction of
subdivision improvements, and in conjunction with the construction of model and
display homes, and in conjunction with the construction of large individual
homes as provided in section (d)(2), below. in subdivisiens for- ^a of up to
but not exeeeding 0 year- te
(d) No watchman's quarters trailers, and no construction storage facility or
construction trailers exceeding one hundred (100) square feet in area may be
allowed in the RFD, RS -1, RS -2, RS -3, RS -6, or RT -6 zoning districts or within a
single-family subdivision development, with the following exceptions:
(1) Construction trailers allowed in section 972.08(2) for site plan, planned
development, and subdivision projects. No size limitation applies to such
trailers.
(2) Construction trailers of up to three hundred (300) square feet in area for a
single family residence invelvin g building having a floor area of more
than six thousand (6,000) square feet.
(e) Watchman's quarters trailers or recreational vehicles may only be allowed in the
A-1 zoning district upon issuance of a building permit for construction of a
residence on-site. No such watchman's quarters trailer permit shall be allowed for
a period of more than one year; no extensions can be granted.
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(f) All such uses shall be located within the lot or subdivision involved in the
construction project and shall be set back a minimum of twenty-five (25) feet
from any perimeter property line, unless otherwise approved by the community
development director.
(g) All construction areas and all access roads thereto shall be maintained so as to
prevent dust or debris from blowing or spreading onto adjoining properties or
onto any public right-of-way. Such areas shall be maintained in a clean and
orderly manner, and building material and construction residue and debris shall
not be permitted to accumulate.
(h) All buildings, materials, supplies, and debris shall be completely removed from
such areas within thirty (30) days from the date of completion of the last building
to be constructed or within thirty (30) days from the date active construction is
discontinued, whichever occurs first. In no event shall the time exceed the
maximum permit period set forth herein.
(i) Where deemed necessary by the community development director or his designee,
when such construction areas are to be located in or adjacent to a residential
district, appropriate screening or fencing measures may be required.
(3) Temporary real estate sales offices, for the purpose of marketing for sale ten (10)
or more lots or units which are contiguous, are allowed within authorized zoning districts subject
to the following conditions and restrictions:
(a) If a mobile home or trailer is used as the sales office, it shall not exceed eight
hundred (800) square feet of gross floor area, and may not be used for such
purpose for more than twelve (12) months from the date of issuance of the
temporary use permit, and thereafter shall be removed or shall be used in
accordance with all regulations of the district in which it is located. The
temporary permit may be extended one time for a period not to exceed three (3)
months. Sales offices located on the premises after the expiration of the permit
must be located in a permanent structure.
(b) If the sales office is located in a modular or permanent building that meets
applicable building code standards, a temporary use permit may be issued for a
period of up to one year, and may be renewed annually upon re-application.
(c) The sales office shall not be used to promote or market for sale any lot or unit
which is not part of the common, contiguous project being marketed by the same
developer and agent.
(d) Neither the sales office nor signs shall be illuminated, other than for security
purposes, or used for any business activity, after 9:00 p.m., except as may be
allowed when located in a nonresidential zoning district.
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(e) All temporary real estate sales offices shall provide parking as required for model
homes in section 972.08(l)(B), and shall have water and wastewater treatment
provisions approved by the environmental health and utility services department
for the lot or site upon which the temporary office will be located. For temporary
offices associated with multifamily or non-residential projects, all applicable
landscaping requirements of Chapter 926 shall be satisfied.
(f) The sketch accompanying the temporary use permit application shall identify the
driveway access to the lot or site, parking areas (spaces, dimensions, method of
stabilization), water and wastewater services, landscaping improvements (if
applicable), and building setbacks and dimensions (or building envelope).
At the time of application submittal, the applicant shall verify in writing that
the proposed real estate sales office use is not prohibited by recorded private
deed restrictions. In addition, the applicant shall provide contact
information for any property owners association established for the
subdivision in which the real estate sales office is proposed.
(4) The purpose and intent of allowing certain types of transient merchant operations
is to allow roadside sale of products historically indigenous to Indian River County (eg. Fruits,
ate -vegetables, and seafood) or products historically available to celebrate holidays (Christmas
trees for Christmas). Transient merchant operations may be allowed if the following
requirements and standards are met.
(a) All transient merchant temporary use permits shall clearly define an expiration
date. No permit shall be transferable, and no permit shall be good for a period of
more than six «` fnenone year for a Class A merchant, six months for a
Class C merchant, and no more than forty-five (45) days during any calendar
year for a Class B merchant, as defined below. Renewal of a permit shall
require reapplication.
(1) Transient merchant classifications. All approvable transient merchant uses
shall be limited to one (1) of the following categories:
Class A: Fruit and vegetable sales. Fruit and vegetable sales are allowed if
items for sale consist of only fresh fruits or fresh vegetables in either their
natural state or prepackaged individual containers when approved by the
county public health authority.
Class B: Seasonal sales such as Christmas trees and other similar uses; use
in operation no more than forty-five (45) days during any calendar year on
any given site.
Class C: Satellite seafood sales operations that:
Are associated with, owned and operated by a legally established
permanent retail seafood sales operation located in Indian River
County; and
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Are operated from a vehicle that is state approved and licensed for
seafood sales, whereby said vehicle is self-contained in regards to
power, refrigeration, running water, and wastewater holding; and
said vehicle has enclosed or screen -enclosed seafood display area;
and
Are located on property zoned commercial or industrial; and
Are operated only during daylight hours, and are removed from the
site during night-time hours; and
Are approved and inspected by the county public health authority.
A use that does not fall within either [any] of these categories shall not be
considered an allowable transient merchant use.
(2) Class A and Class C permits may be renewed every six (6) m^^ year
upon written request by the applicant.
(5) Special vehicle and boat sales events on -sites not approved for permanent vehicle
and boat sales may be approved if the following requirements and standards are met:
(a) Said events shall be conducted on property having commercial or industrial
zoning with written authorization from the property owner provided; or on
property approved for special public events, such as the fairgrounds site;
(b) Said events shall be conducted on property having existing, permanent, and
permitted driveways and access points. No new driveways (road cuts) are
permitted in conjunction with sales events;
(c) The event shall have a duration of four (4) or fewer consecutive days and shall be
conducted by one or more dealers having a valid Indian River County
eeeupa6enal local business tax receiyt ease, prior to conducting sales
associated with the event;
(d) Said events shall be conducted on property having adequate area for vehicle
display and employee and customer parking. Vehicle display areas may be
unpaved; employee and customer parking areas must be paved. Vehicles offered
for sale must be displayed only in areas identified as display areas on the scaled
drawing submitted as part of the temporary use permit application. Employee and
customer parking must be provided at a rate of one space per one thousand
(1,000) square feet of vehicle display area;
(e) Said events may be conducted on -sites approved for other uses (such as banks,
shopping centers) provided that the following conditions are met:
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(1) No parking spaces designated as required on the approved site plan for the
host site may be used as display area or customer/employee parking for
the special vehicle sales event unless the following criteria are satisfied:
(a) The applicant provides a written, certified statement from the
owner or agent for the host use that sufficient square footage of
approved floor area is unoccupied to provide parking or display
area for the special vehicle sales event; or
(b) The applicant provides a written, certified statement from the
owner or agent for the host use stating that the host use will be
closed for the entire duration of the special vehicle sales event,
including vehicle display times. However, where host uses such as
banks participate in the sales event, that activity will not constitute
operation by the host use, provided that the host use is not open to
the general public for business unrelated to the special sales event.
(f) No extension of a temporary use permit for special vehicle sales events may be
granted.
(g) Any and all signs to be used in conjunction with the event must conform to
county sign regulations. A county sign permit(s), if required, must be obtained
prior to issuance of a temporary use permit for a sales event.
(h) Sanitary facilities shall be provided in accordance with applicable environmental
health regulations. Prior to issuance of a temporary use permit for a sales event,
the applicant must obtain written approval from the environmental health
department for proposed sanitary facilities.
(i) , the appliee&A mus
obtainval ffem the building division f e ofan),tr,
building lain diyisio or-fire—aepaftmen4 shall be inspeeted by the date
do.,.,..*m ent pfief to 4io of the f4eility. Prior to conducting a sales event
that includes a tent, the applicant shall obtain a satisfactory inspection by the
fire department.
(j) Concessions are only permitted as an accessory use to the sales event. If
concessions are proposed, the applicant must obtain written approval from the
environmental health department for the proposed concession facilities, prior to
the issuance of a temporary use permit for the sales event.
(k) Special vehicle sales event applications must meet all submittal requirements for a
temporary use permit application. In addition, special vehicle sales event
applications must include the following:
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(1) A scaled drawing showing:
a. The dimensions of the property parcel upon which the event is to
be held;
b. The dimensions of the sales event area;
C. Location and dimension of all display areas, parking areas, and
driving aisles to be utilized;
d. All adjacent roadways and driveways of the property parcel site;
e. All signs to be used in conjunction with the sales event and the size
and type of sign(s) used;
f. Existing zoning of the subject property and applicable setbacks.
g. Location, dimension, and setbacks of any proposed facilities
including tables, tents, stages, and port -a -lets.
(2) Information identifying:
a. Beginning and ending dates of the event;
b. Hours of operation of the event;
C. Approximate number of vehicles displayed at any one time on the
event site;
d. Any temporary facilities, including sanitary, display (such as
tents), and concessions;
e. How parking and traffic flow will be properly directed onto and
within the event site;
f. If existing parking spaces of a permanent use (such as shopping
plaza) are to be utilized by patrons and employees of a sales event,
calculations shall be submitted demonstrating that the sales event
will not utilize any parking spaces necessary, in accordance with
the parking standards specified in the zoning code, to service
existing uses.
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
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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 #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 9th day of June, 2012, for a public
hearing to be held on the 19th day of June, 2012, and on the 30th day of June, 2012 for a second
public hearing to be held on the 10th day of July, 2012, at which time it was moved for adoption
by Commissioner O'Bryan, seconded by Commissioner Solari, and adopted by the following
vote:
Chairman Gary C. Wheeler Aye
Vice Chairman Peter D. O'Bryan Aye
Commissioner Bob Solari Aye
Commissioner Wesley S. Davis Aye
Commissioner Joseph E. Flescher Aye
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY
PY:
a GOC. Wheeler, Chairman
ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller
BY: (—Vt�
Deputy Clerk
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This ordinance was filed with the Department of State on the following date:
APPROVED AS TO FORM AND LEGAL SUFFICIENCY
Alan S. Polackwich, Sr., County Attorney
APPROVED AS TO PLANNING MATTERS
f
Robert M. Keating, IC Ommuni V5evelopment Director
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