HomeMy WebLinkAbout02/05/2013AP t1A 1
PUBLICHEARING
1 ' AMENDMENT
INDIAN RIVER COUNTY, FLORIDA LEGISLATIVE
MEMORANDUM 5:01 MEETING
TO: Joseph A. Baird; County Administrator
D AR MENT HEAD CONCURRENCE:
4.
Robert M. Keating, All; Comm >ty Development Director
FROM: Stan Boling ICP
Planning Director
DATE: January 28, 2013
SUBJECT: Consideration of Amendments to Land Development Regulations (LDRs)Chapters
911, 912, and 971 to Allow Outdoor Vehicle Storage Use in the CL (Limited
Commercial) and CG (General Commercial) Zoning Districts and To Eliminate
Limitations on Length of Recreational Vehicles Stored Outside on Residential
Properties (PUBLIC HEARING#2)
It is requested that the following information be given formal consideration by the Board of County
Commissioners at its special meeting of February 5, 2013.
BACKGROUND
At its meeting of January 22, 2013, the Board of County Commissioners conducted the first of two
hearings on the referenced proposed LDR(land development regulations)amendments. During the
hearing, residents from the Ercildoune Heights subdivision in Roseland voiced concerns and
objections to allowing outdoor vehicle storage in the CL zoning district. After discussing those
concerns, the Board indicated that it would hold the second hearing at 5:01 pm on February 5th and
stated that it may choose to not adopt the proposed amendments. At the January 22nd hearing, staff
agreed to present alternatives to the Board at the February 5th hearing.
Since then, staff has identified and analyzed alternatives, scheduled the February 5, 2013 5:01 pm
hearing, and notified interested parties, including Mr. George Sigler and residents of Ercildoune
Heights and Roseland. The Board is now to consider the proposed ordinance and alternatives and
adopt, adopt with changes, or deny the proposed ordinance.
ANALYSIS
In this case, the proposed amendments resulted from a request by George Sigler, the owner of CL-
zoned property located on 27th Avenue SW,north of Oslo Road,for the county to amend its LDRs to
allow outside storage in the CL zoning district. As proposed,the amendments will allow stand alone
outdoor vehicle storage lots in the CL(Limited Commercial)and CG(General Commercial)zoning
districts as a special exception use. If the proposed LDR amendments are adopted,an application for
FACommunity Development\Users\CurDev\BCC\2013 BCC\OutdoorStoragereport2-5-13.doe I 1
a vehicle storage lot would be considered at specially noticed public hearings before the PZC and
BCC, and subject to general and specific development criteria. The purpose of the proposed
amendments is to allow the outdoor storage of personal vehicles near residential areas with criteria
that ensure compatibility with adjacent residential uses.
• Residents' Concerns
At the January 22nd hearing,Ercildoune Heights residents objected to the proposed amendments and
expressed a number of concerns,including potential negative impacts of outdoor vehicle storage lots
on adjacent single-family homes and high profile commercial corridors. In the case of Ercildoune
Heights, single-family homes are situated adjacent to developable CL-zoned properties located
between 78th Avenue and US 1. According to Ercildoune residents, potential negative impacts of
outdoor vehicle storage lots include traffic on neighborhood streets,noise from warming-up and"test
driving" stored vehicles, spill-over lighting, and aesthetic incompatibilities with adjacent single-
family neighborhoods and a major entrance to Indian River County.
In the proposed ordinance, the specific land use criteria address a number of the negative impacts
cited by the residents. Those specific criteria include buffer and opaque feature requirements,light-
shielding standards,prohibitions on storage of semi-trailers and construction-related equipment,and
prohibitions on vehicle sales and repairs on site. Compatibility with surrounding land uses is also
addressed in the general criteria for special exception uses contained in the existing code (see
attachment#7). As structured,the general compatibility criterion that applies to all special exception
applications provides some protection against a proposed use that, because of its location, would
adversely impact the character and stability of the surrounding area. That criterion, however, does
not provide specific guidance for appropriate locations. As originally proposed,the referenced LDR
amendment did not contain any specific locational criteria.
• CL District Locations
Throughout the urbanized area of the county, existing CL zoning districts are located along major
roads such as US 1, CR512, SR60, Oslo Road, Indian River Blvd, SRA-1-A, and 27th Avenue SW
(see attachment#1). In many cases, CL zoning districts are located adjacent to residential zoning
districts, including single-family areas. While CL districts are sometimes located to provide a
transition or buffer between residential areas and major roadways or higher intensity commercial
districts,CL districts are also located to serve adjacent residential areas with convenient commercial
uses.
ALTERNATIVES
Since the January 22nd hearing, staff has re-analyzed CL and CG district characteristics and potential
negative impacts of outdoor vehicle storage lots on adjacent single-family uses. Based on that
analysis, staff has identified 3 basic alternatives for the Board to consider. Those alternatives are:
1. Add specific locational criteria to the proposed amendments.
2. Limit the proposed amendment to the CG district and rezone the Sigler/27th Avenue SW
properties to CG.
3. Deny the proposed amendments.
2 F\Community Development\Users\CurDev\BCC\2013 BCC\OutdoorStoragereport2-5-13.doc 2
Each of those alternatives is described below.
At the January 22nd hearing, Board members indicated that some CL district locations, such as 27th
Avenue SW,may be appropriate for outdoor vehicle storage lots, while other CL district locations,
such as Ercildoune Heights/Roseland, may not be appropriate. Although both of those locations
front arterial roads (US 1, 27th Avenue SW) and are adjacent to low density single-family districts,
RS-6 in the case of Roseland and RS-3 in the case of 27th Avenue SW, one important difference
between the two locations is that Roseland's USI corridor is a major entrance to Indian River
County, while 27th Avenue SW is not. Given the importance of maintaining the aesthetic quality of
major entrances to the county,the Board could consider prohibiting vehicle storage lots within a mile
of major entrances to the county. Those entrances would include US 1 at the north and south county
lines, the I-95 interchanges at CR512 and SR60, and 27th Avenue SW at the south county line.
If that locational criterion were added to the proposed ordinance,then vehicle storage lots would be
prohibited in CL and CG districts along US 1 north of the Sebastian City Limits as well as other high
profile locations (see attachment #8). Other CL-zoned areas, however, will remain for potential
vehicle storage lot development. Those areas,in addition to the Sigler/27th Avenue SW area,would
include a number of US 1 locations in Wabasso,Winter Beach,the Grand Harbor area,and locations
south of Vero Beach. In addition, potential storage lot locations would include sites along CR512,
SR60, and Oslo Road. Finally, the CL district located in The Moorings at SRA-I-A and Bowline
Drive would remain as a hypothetical location, although that site is already developed with offices,
multi-family units, and a boat dock facility. Therefore, alternative 1 narrows down the location and
number of potential CL-zoned properties that could be developed with a vehicle storage lot.
Another alternative that staff evaluated was the possibility of limiting the proposed amendments to
CG district properties and rezoning the Sigler/27th Avenue SW sites from CL to CG. For any
property in the county,however,rezoning to a commercial zoning district requires satisfaction of the
commercial district locational criteria in Future Land Use Element Policy 1.43 (see attachment#9).
That policy requires commercial district properties re-zoned to CG to be"separated from residential
development". In the case of the Sigler/27th Avenue SW sites, those properties are adjacent to
single-family residential development and are not qualified to be zoned CG. In fact,many properties
currently zoned CL,including the Roseland/Ercildoune Heights CL-zoned properties,are adjacent to
single-family development and are not qualified to be rezoned to CG. Therefore,that alternative is
not feasible.
A third alternative is to deny the proposed ordinance to avoid all potential conflicts with single-
family residential uses. Since many CL districts are adjacent to single-family development,
establishing outdoor vehicle storage lots on CL zoned property could in some cases result in
compatibility problems with adjacent single-family neighborhoods even with specific criteria for
location, buffering, light shielding, limitations on the type of vehicles stored, and prohibitions of
vehicle sales and repairs. Therefore, the only alternative that eliminates all potential conflicts with
single-family uses is to deny the proposed ordinance. Denying the ordinance would keep stand-alone
outdoor vehicle storage lots in the CH, IL, and IG districts. Those are districts which are generally
separated from single-family neighborhoods.
FACommmnity Development\Users\CurDev\BCC\2013 BCC\OutdoorStoragereport2-5-13.doc 3
While all three alternatives address the concerns of the Ercildoune and Roseland residents, only
Alternative 1 does so in a way that accommodates Mr. Sigler. Although Alternative 1 still has the
potential to create incompatibilities if vehicle storage uses locate in CL zoned areas that are adjacent
to single-family development, there is probably less chance of that occurring in other parts of the
County than in the Ercildoune/Roseland area. Consequently, staff feels that Alternative 1 would be
an acceptable option.
RECOMMENDATION
Staff recommends that the Board of County Commissioners choose Alternative 1 which involves
adopting the proposed ordinance with an added specific land use criterion that prohibits outdoor
vehicle storage lots on CL-zoned properties within 1 mile of entrances to the County. Alternatively,
the Board can eliminate all potential conflicts with single-family uses by denying the proposed
ordinance.
ATTACHMENTS
1. Map of Residential, CL, CG, H.,, and IG District Locations
2. Existing Regulations for Mini-Storage (Self-service storage) & Accessory Use
3. Buffer&Opaque Feature Standards
4. Chart of Local Government Regulations on Outdoor Vehicle Storage
5. Potential Criteria for Outdoor Vehicle Storage in the CL and CG Districts
6. Parking Ordinance Section 954.08(6) & Other Corridor Section 911.22(7)(e)4a
7. General Criteria for Special Exception Uses Section 971.05(9)
8. Map of CL and CG Districts Within 1 Mile of Major Entrances
9. Future Land Use Policy 1.43
10. Proposed Ordinance with Locational Criterion Added
Indian River Co, Ap ed Date
APPRO�-.LVED AGENDA ITEM: Admin. /30 /3
FOR�7 '5 '.2�� Legal (.3Z) . 13
By Budget 13C� I�j
Dept. yhQh
Risk Mgr.
4 FACommunity Development\Users\CurDev\BCC\2013 BCC\OutdoorStoragereport2-5-13.doc 4
Ni AREA LOCATIONS
Legend
CL
CH, IL, IG
Single-Family
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Source: IRC Community Development Department October 12,2012 5
NORTH COUNTY
AREA LOCATIONS
=� Legend
CL
CH, IL, IG
05� Single-Family
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Source: IRC Community Development Department October 12,2012
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Existing Regulations for Mini-storage (Self-service storage) &Accessory Uses [971.121
(3) Self-service storage facilities (administrative permit).
(a) District requiring administrative permit approval, (pursuant to the provisions of 971.05):CG.
(b) Additional information requirements:
1. A written statement that no commercial activity,vehicular service or repair,or storage
of hazardous materials shall be allowed and that this requirement will be included in
every tenant's lease agreement;
2. A site plan meeting all of the requirements of Chapter 914.
(c) Criteria for self-storage facilities:
1. Storage unit areas shall not exceed fifteen(15)feet in height from storage buildings;
2. Storage units shall not exceed three hundred(300)square feet in size.
3. Outdoor storage, other than for vehicles and boats, is prohibited. Where outdoor
storage of vehicles is to occur,a Type "C" bufferyard shall be provided between the
outside storage area and adjacent right-of-way and adjacent properties;
4. All outdoor lights shall be shielded to direct light and glare only onto the self-service
storage facility premises.Light and glare shall be deflected,shaded and focused away
from all adjoining property;
5. Self-service storage facility sites shall not exceed three(3) acres gross area;
6. Quarters for resident managers may be included within the facility as an accessory use;
7. A Type B landscape buffer shall be required between all structures and adjacent rights-
of-way.
(4) Self-service storage facilities (special exception).
(a) District requiring special exception approval(pursuant to the provisions of[section]971.05):
CL.
(b) Additional information requirements:
1. A written statement from the applicant stating the following:
i. That no commercial activity, vehicular service or repair or storage of
hazardous materials shall be allowed and that this requirement will be included
in every tenant's lease agreement; and
ATTACHMENT 2
8 F:1Contmunity DevelopmenilUsers\CurDev\BCC\2012 BCC\OutdoorStorageattachment.doc 1
.............
._ . ....__ .
ii. That only domestic and household goods or personal and noncommercial
goods will be kept or stored on the premises.
Both of these provisions will be set forth in appropriate and visible signage located on the
facility site.
2. A site plan meeting all of the requirements of Chapter 914.
(c) Criteria fog-self-storage facilities:
1. Storage unit interior areas shall not exceed ten(10)feet in height.
2. Storage units shall not exceed one hundred fifty(150) square feet in size.
3., Outdoor storage is prohibited.
4. All outdoor lights shall be shielded to direct light and glare only onto the self-storage
facility premises.Light and glare shall be defected,shaded and focused away from all
adjoining property and road rights-of-way.
5. Self-service storage facility sites shall not exceed three(3)acres in gross area.
6. Notwithstanding the applicable buffering requirements contained in section 911.10,a
Type B landscape buffer with six-foot opaque feature shall be provided between all
structures and adjacent properties zoned for single-family residential use.
7. Building containing storage units shall not exceed ten thousand(10,000)square feet in
floor area each and shall not exceed one hundred thousand(100,000) square feet of
floor area for all buildings.
8. Access shall only be to arterial or collector roadways and in no case through areas
zoned for residential use.
9. No utilities (other than air conditioning)may be supplied to storage units.
10. Hours of operation shall be limited to between 6:00 a.m. and 8:00 p.m. Prior to the
issuance of certificate of occupancy,the applicant shall provide appropriate signage
on the site stating the hours of operation of the facility.
11. Buildings may not exceed fifteen(15)feet in height.
FACommunity Development\Users\CurDev\BCC\2012 BCC\OutdoorStorageattachment.doc ATTACHMENT
9
TYPE B BUFFER
CANOPY TREES
LARGE = 18' IN HEIGHT 4" DOH
SMALL = 12' IN HEIGHT 2" ABH
UNDERSTORY TREES
SHRUBS
30 FOOT DEEP
CANOPY TREES =
0 2 LARGE
2 SMALL
TOTAL = 4.
°�- UNDERSTORY - 6
SHRUBS = 55
. • 25 FOOT DEEP
CANOPY TREES =
2.5 LARGE
04
2.5 SMALL
TOTAL - 5
UNDERSTORY - 8
SHRUBS = 55
�TT�l�H�f�tiT �
10
TYPE C BUFFER
CANOPY TREES
LARGE = 18' IN HEIGHT 4" DBH
SMALL = 12' IN HEIGHT 2" DBH
UNOERSTORY TREES
SHRUBS
20 FOOT DEEP
CANOPY TREES
C,41 1 LARGE
3 SMALL
TOTAL = 4
`�- UNDERSTORY = 4
SHRUBS = 40
15 FOOT DEEP
CANOPY TREES =
r- 1 LARGE
3.5 SMALL
TOTAL = 4.5 (5)
UNDERSTORY = 5
SHRUBS = 40
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Outdoor Vehicle Storage Regulations
of Various Local Governments
September 2012
Zoning Districts Allowing Outdoor Vehicle Storage (cars, trucks, semi-trailers, boats
on trailers, RVs)
Jurisdiction Industrial/Warehouse General Limited/Light
Districts Commercial/Business Commercial Districts
Districts
Brevard County Yes,permitted use Yes,6' opaque buffer No
required all sides
Martin County Yes,permitted use: Yes,permitted use: No
industrial buffering commercial buffering
standards apply standards apply
Polk County Yes,permitted use Yes,permitted use No
St. Lucie County Yes,buffering required Yes,buffering required No
Fellsmere Yes,buffering required Yes,buffering required No
Gulfport Yes Yes, 6' —8' buffer required No
Sebastian Yes Allowed only as part of No
mini-storage facility,
buffering required
Vero Beach Yes Yes,buffering required No
Indian River County Outdoor Vehicle Storage Regulations
Jurisdiction Industrial/Warehouse General Limited/Light
Districts Commercial/Business Commercial Districts
Districts
Indian River County Yes,paved and unpaved Yes: paved automobile Allowed only as part of
vehicle storage lots parking lots allowed in CG mini-storage facility
allowed in CH, IL,IG; and CH; boat and RV (special exception in CL),
buffering required storage allowed as part of a buffering required
mini-storage facility
(administrative permit in
CG),buffering required
14 FACommunity Development\Users\CurDev\LDR Changes\Outdoo vehiclestoragechart.doc ATTAClimENT 4 1
...._..._...
POTENTIAL CRITERIA FOR STAND-ALONE OUTDOOR VEHICLE
STORAGE IN THE CL AND CG DISTRICTS
1. All unpaved vehicle storage areas shall meet the requirements of parking ordinance section
954.09(6).
2. A Type "B" buffer with 6' opaque feature shall be provided around all sides of the outdoor
vehicle storage area.
3. Outdoor lighting shall meet the light shielding requirements of the Other Corridors
regulations, section 911.22(7)(e)4.a.
4. On site storage of items other than vehicles is prohibited.
5. On site vehicle sales,rentals,repairs,painting, and similar activities are prohibited.
6. Storage of heavy equipment,tractor trailers and other similar vehicles is prohibited.
ATTACHMENT �
FACommunity Development\Users\CurDev\BCC12612 BCMutdoorvehiclestoragecriteriadraft.doc 1
954.08(6)
b. The storage lot surface shall be stabilized, in a manner suitable for the proposed
use, as approved by the public works director or his designee.
911.22(7)(e)4a
a. Roadway style luminaries (fixtures) such as cobra heads, Nema heads, and the
like are prohibited. Wall pack and flood light luminaries are prohibited where the
light source would be visible from a roadway, parking area and/or residentially
designated area. High intensity discharge(e.g.high pressure sodium,metal halide,
mercury vapor, tungsten halogen) lighting fixtures mounted on buildings and
poles higher than eighteen (18) feet above parking lot grade, and lighting
elements associated with canopies, shall be directed perpendicular to the ground.
Other than decorative and low level/low height lighting, no light source or lens
shall project above or below a fixture box, shield, or canopy. Each lighting
element or fixture associated with a canopy shall be individually recessed into the
canopy(above the canopy ceiling).
A3 ANMEt1"t b
16 - -
Section 971.05. -Review of uses requiring a special exception.
(9) General criteria for review of special exception uses. Prior to approval by the board of county
commissioners, a special exception use applicant must present evidence of compliance with the below
cited general criteria as well as specific criteria for the respective special exception use cited herein in
Chapter 971, regulations for specific land uses. The applicant shall have the burden of establishing,by
competent material and substantial evidence,the existence of the facts and conditions which this chapter
requires for approval. The applicant shall have the responsibility to present evidence in the form of
testimony, exhibits, documents, models, plans and the like to support the application for approval of a
special exception use.
(a)Consistency with comprehensive plan and zoning code. The proposed use shall be consistent with the
comprehensive plan and with the stated purpose and intent of the appropriate district regulations and
all applicable regulations within this chapter.
(b)Compatibility with surrounding land uses. The proposed use and its location shall be compatible with
surrounding land uses and the general character of the area,based on consideration of such potential
impacts as traffic generation, drainage, nuisance impacts, lighting, appearance,_and other factors
potentially impacting the character and stability of the surrounding area.
(c)No adverse impacts on public health, safety, and general welfare. The proposed use and its location
and method of operation shall promote the public health, safety, and general welfare. The proposal
shall include any landscape and structural improvements,public facility expansions,and operational
restrictions or procedures required to effectively mitigate potential negative impacts of the use.
(d)Promote orderly development. The use and proposed location shall promote orderly and efficient
development considering such factors as impact on public facilities,preservation of neighborhood
integrity, and similar factors impacting orderly development of the area.
FAConununity Development\Users\CurDev\BCC\2013 BCC\OutdoorStorageauachment.doe ATTACHMENT 7 3 17
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Source: IRC Community Development Department January 28,2013
Policy .41: The county shall encourage the school board to locate schools near urban residential
areas. The county will do this by allowing schools within all residential zoning districts; by
coordinating with the school board to establish a process for preliminary county review of school
sites before the school board acquires or leases property for a new school; and by limiting school
sites within agriculturally designated areas to mixed use projects, traditional neighborhood
design projects, and sites that are contiguous to the urban service area boundary.
Policy 1.42: To the extent feasible, the county shall collocate public facilities, such as parks,
libraries, and community centers,with schools.
Policy 1.43: The Board of County Commissioners shall rezone land only in a manner that is
consistent with Future Land Use Element Table 2.14. Furthermore, the Board recognizes that
not every zoning district allowed in a land use designation is appropriate for every site within
that land use designation. For any parcel, the Board of County Commissioners may deny a
rezoning request(even when the requested zoning district is consistent with the parcel's land use
designation) if the denial serves a legitimate public purpose. A Board of County
Commissioners' determination that the requested zoning district is not appropriate for the parcel
may also be based upon the absence of the following locational criteria:
1. For the OCR, Office, Commercial,Residential zoning district:
• adjacent to existing office uses
• as a buffer between residential zoning districts and arterial roads or other
commercial zoning districts.
• at node perimeters
2. For the MED, Medical zoning district:
• within commercial/industrial nodes containing hospitals and major medical
facilities
• separated from industrial areas
3. For the CL, Limited Commercial zoning district:
• areas that are easily accessed from residential areas
• between residential areas and general commercial areas or major roadways
• separated from industrial areas
• at node perimeters
4. For the CG, General Commercial zoning district:
• along arterial roads and major intersections
• separated from residential development
• separated from industrial areas
• near retail and office areas
5. For the CH, Heavy Commercial zoning district:
• along arterial roads
• along railroad tracks
• between general commercial and industrial areas
• separated from residential development
Future Land Use Element 149
22
ATTACHMENT y
' -
6. For the IL, Light Industrial zoning district:
• along arterial roads
• along railroad tracks
• near industrial areas
• separated from residential development
• separated from retail and office areas
7. For the IG, General Industrial zoning district:
• along arterial roads and major intersections
• along railroad tracks
• near industrial areas
• separated from residential development by a major roadway or intervening
property
• separated from retail and office areas
8. For single-family zoning districts:
• adjacent to other single-family areas
• separated from major commercial areas and industrial areas
y. For multiple-family zoning districts:
• adjacent to other multiple-family areas
• adjacent to employment centers
• along arterial and collector roads, particularly to buffer single-family areas
• adjacent to commercial uses, particularly to buffer single-family areas
• not abutting single-family areas on all sides
1%MW
Additionally, the Board hereby adopts the following general criteria regarding the location of
residential zoning districts:
10. Where medium density residential lands abut low density residential land, the
medium density land may be zoned an intermediate density.
11. Residentially designated land that is located between higher density and lower density
zoned areas may be zoned an intermediate density even when the intermediate zoned
area has a land use designation that allows a higher density.
Policy 1.44: The county will evaluate requests to rezone CH and/or IL-zoned areas to CL or CG to
ensure that sufficient CH and IL zoned land will remain if the rezoning is approved.In so doing,the
county will favorably consider those types of rezonings where the subject property is located along
high-volume roadways or adjacent to residential areas. The county shall maintain existing CH or IL
zoning areas that are not located along high-volume roadways or not located near residential areas.
Policy 1.45: The Transitional Residential Land Use designation may be applied to those areas
which serve as a transition area between urban and agriculturally designated land and are suitable
for urban and suburban scale development. Additionally, Transitional Residential designated
land must meet all of the following criteria:
Future Land Use Element 150
23
ORDINANCE 2013-
AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA CONCERNING
AMENDMENTS TO ITS LAND DEVELOPMENT REGULATIONS (LDRS); PROVIDING
FOR AMENDMENTS TO CHAPTER 911, ZONING, CHAPTER 912, SINGLE-FAMILY
DEVELOPMENT, AND CHAPTER 971, REGULATIONS FOR SPECIFIC LAND USES, BY
AMENDING COMMERCIAL DISTRICTS SECTION 911.10 TO ALLOW VEHICLE
STORAGE LOTS AS A SPECIAL EXCEPTION USE IN THE CL AND CG DISTRICTS; BY
AMENDING SECTION 911.15(7) MODIFYING THE LIMITATION ON LENGTH OF
RECREATIONAL VEHICLES STORED OUTSIDE ON RESIDENTIAL LOTS, BY
AMENDING SECTION 912.17(3) MODIFYING THE LIMITATION ON LENGTH OF
RECREATIONAL VEHICLES STORED OUTSIDE ON RESIDENTIAL LOTS; AND BY
AMENDING COMMERCIAL SERVICES SECTION 971.12 ESTABLISHING AND
MAKING CONSISTENT SPECIFIC LAND USE CRITERIA FOR VEHICLE STORAGE
LOTS IN THE CL AND CG DISTRICTS; 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, CHAPTER 912, SINGLE-FAMILY
DEVELOPMENT, AND CHAPTER 971 REGULATIONS FOR SPECIFIC LAND USES, BE
AMENDED AS FOLLOWS:
SECTION#1:
Amend LDR Section 911.10(4), Commercial districts uses table relating to "Transportation
,,. and Communication", to read as follows:
District
PRO OCR MED CN CL CG CH
Transportation and communication
Railroad/Bus Transportation Services
Local and suburban transit - - - - - P P
Trucking and courier services - - - - - - P
Commercial warehousing and storage - - - - - - P
Moving and storage - - - - - - P
Trucking terminals - - - - - - P
Self-service storage facilities - - - - S A P
Outdoor storage - - - - - - A
Vehicle storage lot (paved/unpaved) - - - - -S -S P
Post Office P P P P P P P
Water transport services - - - - - - P
Air transport services - - - - - - P
Pipelines - - - - - - P
Heli ort/helipad - - S - - S -
Recycling centers - - - - - - A
Travel and tour agencies - P - - P P -
Freight transport arrangement - P - - - P P
�— Communications
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ORDINANCE 2013-
Telephone and telegraph - P - - P P P
Radio and television broadcasting - P - - P P P
Cable and pay T.V. - P - - P P P
Communications towers (wireless facilities) A A5 A-*'
A A A A
Communications towers (non-wireless
facilities)4
Amateur radio (accessory use)
Less than 80 feet P P P P P P P
80 feet or taller (see 971.44(4) for special S S S S S S S
criteria)
Commercial
Up to 70 feet:
Camouflaged P P P P P P P
Non-camouflaged P P P P P P P
70 feet to 150 feet:
Camouflaged A A A A A A A
Monopole (minimum of 2 users) A A A A A A A
Not camouflaged and not monopole S S Is S S S S
Over 150 feet:
All tower types (see 971.44(1)for special - - - - - - -
criteria)
Public and private utilities, limited A A A A A A A
Public and private utilities, heavy I - - - - - S
SECTION#2:
Amend LDR Section 911.15(7), General Provisions by deleting limitation on length of
recreational vehicles, to read as follows:
(7) Unenclosed storage of recreational vehicles, trailers and boats.
(a) Any recreational vehicle not in normal daily usage for transportation of the
occupants of the residence shall be considered as "stored" for purposes of this
chapter.
(b) Unenclosed storage of trailers, campers and boats; restrictions in residential
zoning districts. Recreational vehicles and boats may be stored on any lot.
However, any trailers, campers or boats which are stored in unenclosed areas on
any single-family or two family lot in any residential zoning district shall meet the
following standards:
1. Ownership of recreational vehicles and boats; authorized storage. Such
storage shall be limited to vehicles owned by the occupant(s) of the
residence or the house guests of the occupant(s).
2. Limitation on number of recreational vehicles. Not more than one
recreational vehicle per dwelling unit may be stored in an unenclosed area
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ATTAr14MFMT A5
ORDINANCE 2013-
upon each site, except that one additional recreational vehicle per dwelling
unit may be parked on the property for a period not in excess of two (2)
weeks in any continuous time period or six (6) weeks in any one-year
period.
3. Limitation on number of boats. No more than one boat per dwelling unit
shall be stored in an unenclosed area upon each site except that one
additional boat per dwelling may be parked on the property for a period
not in excess of two (2) weeks in any continuous time period or six (6)
weeks in any one-year period.
4. Location of unenclosed storage areas. Such storage shall not be located in
any required front or side yard, or any easement; except that such vehicles
may be stored on a designated driveway.
5. Licensing. Recreational vehicles and boat trailers shall have a valid motor
vehicle license at all times.
6. Use limitations. Recreational vehicles and boats shall not be used for
office or commercial purposes, nor for sleeping, housekeeping or living
quarters while so stored.
7. No public facilities hook-ups. No service facilities, such as water, sanitary,
or electrical connections shall be attached; except a temporary electrical
extension connected to the vehicle for battery charging or to facilitate
repair is permitted.
8. Limitation on l-ngA overall size of recreational vehicles;-_.
Consistent with the Chapter 901 definition of "Recreational vehicle",
the overall size of a recreational vehicle stored outside on a
residentially zoned lot shall not exceed four hundred (400) square feet
(vehicle length multiplied by width). NE)-=eer-e-ua al vehiele so ster-ed
shall ovc—arr-execs-of thiAy-twe-(32) feet-iii length,
event of undue hafdship petitions for- a vafiaiiee to this ehapter- as to I
Length requirements may be filed and heard by the Indian River- Count),
beaFd of zening adjustment. The board of zening adjustment, in its
eansider-ation of any sueh appeal, may eensider- the size of the vehiele,
!at size in question and the availability of adequate safeguards to pr-ateet
the neighbor-hood.
(c) Storage of recreational vehicles and boats in multifamily residential areas. In any
apartment, condominium or other multifamily use, recreational vehicle and boat
storage may be permitted in a portion of a project which is specifically designated
for recreational vehicle and/or boat parking; however, screening measures may
also be required as a condition of site plan approval. No recreational vehicle or
boat may be stored in the parking lot of a multifamily development, unless such
parking lot has been designated on the approved site plan for the development as
recreational vehicle storage area.
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ORDINANCE 2013-
SECTION#3:
Amend LDR Section 912.17(3), by deleting limitation on length of recreational vehicles, to
read as follows:
(3) Unenclosed storage of recreational vehicles, trailers and boats.
(a) [Generally.] Any recreational vehicle not in normal daily usage for
transportation of the occupants of the residence shall be considered as
"stored" for purposes of this chapter.
(b) Unenclosed storage of trailers, campers and boats; restrictions in
residential zoning districts. Recreational vehicles and boats may be stored
on any lot. However, any trailers, campers or boats which are stored in
unenclosed areas on any single-family or two-family lot in any residential
zoning district shall meet the following standards:
1. Ownership of recreational vehicles and boats; authorized storage.
Such storage shall be limited to vehicles owned by the occupant(s)
of the residence or the house guests of the occupant(s).
2. Limitation on number of recreational vehicles. No more than one
recreational vehicle per dwelling unit may be stored in an
v... unenclosed area upon each site, except that one additional
recreational vehicle per dwelling unit may be parked on the
property for a period not in excess of two (2) weeks in any one-
year period.
3. Limitation on number of boats. No more than one boat per
dwelling unit shall be stored in an unenclosed area upon each site
except that one additional boat per dwelling may be parked on the
property for a period not in excess of two (2) weeks in any
continuous time period or six (6) weeks in any one-year period.
4. Location of unenclosed storage areas. Such storage shall not be
located in any required front or side yard, or any easement; except
that such vehicles may be stored on any designated driveway.
5. Licensing. Recreational vehicles and boat trailers shall have a valid
motor vehicle license at all times.
6. Use limitations. Recreational vehicles and boats shall not be used
for office or commercial purposes, nor for sleeping, housekeeping
or living quarters while so stored.
7. No public facilities hook-ups. No service facilities, such as water,
sanitary, or electrical connections shall be attached; except a
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ORDINANCE 2013-
temporary electrical extension connected to the vehicle for battery
charging or to facilitate repair is permitted.
8. Limitation on length overall size of recreational vehicles;
wee .. Consistent with the Chapter 901 definition of
"Recreational vehicle", the overall area of a recreational
vehicle stored outside on a residentially zoned lot shall not
exceed four hundred (400) square feet (vehicle length
multiplied by width). No 4ehiele se storede in exeess of
thiAJ t. _ (32) feet in length, it
»re that in the event of undue
b-A-iffir-d- of hardship petitions for- a var-ianee to this ehapter- as to the length
. ents maybe filed and heard by the indian River County
the beaFd of adjustment in its eonsider-ation 0
f
any sueh appeal,eal, ma eensider- the size of the ehiele, the lot size
in question and the availability of adequate safeguafds to Pr-eteet
tl,e ..hber-hood.
SECTION#4:
Amend LDR Section 971.12, Commercial services, to read as follows:
(1) Building material sales and lumberyards (administrative permit).
(a) Districts requiring administrative permit approval, (pursuant to the provisions of
971.04): CG.
(b) Additional information requirements:
1. A written statement defining the general inventory of materials to be sold
on the premises;
2. Statements disclosing the projected percentage of total sales to be derived
from wholesale activities;
3. A site plan showing the location of all principal structures and all on-site
storage areas.
(c) Criteria for construction material sales:
1. All materials to be sold on the premises must be completely screened from
adjacent properties and roadways;
2. On-site vehicular storage shall be limited to those vehicles used in the
operation of establishment;
3. Such establishments shall not include the manufacture of structural wood
components, roof trusses, wall units and other activities requiring the
assembly of wood products;
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ORDINANCE 2013-
4. All wholesale activities shall be accessory to retail sales conducted on the
�... site.
(2) Outdoor storage (unenclosed) (administrative permit).
(a) Districts requiring administrative permit approval, (pursuant to the provisions of
971.04): CH.
(b) Additional information requirements: A site plan showing the location,
dimensions, and area of all enclosed storage areas and proposed unenclosed
outdoor storage areas (which shall consist of the entire area for storage and
spacing between merchandise items).
(c) Criteria for outdoor storage (unenclosed):
1. Outdoor storage shall be accessory in terms of use to the principal use, and
in no case shall the outdoor storage area exceed seventy-five (75) percent
of the total square footage of the principal structure;
2. Items allowed to be stored outdoors shall be limited to vehicles and
equipment used in the operation of the establishment, stocking and sales
display of items allowed to be sold (retail) in the CH district;
3. For purposes of calculating parking requirements for outdoor storage of
sales display items, the standards used for the principal use shall apply;
4. All building setback requirements shall apply to the outdoor storage
area(s);
5. All outdoor storage areas containing stock and sales display items shall be
completely screened (horizontal and vertical) from adjacent properties and
roadways;
6. The surface material(s) criteria for the outdoor storage area must be
approved by the public works department.
(3) Self-service storage facilities (administrative permit).
(a) District requiring administrative permit approval, (pursuant to the provisions of
971.05): CG.
(b) Additional information requirements:
1. A written statement that no commercial activity, vehicular service or
repair, or storage of hazardous materials shall be allowed and that this
requirement will be included in every tenant's lease agreement;
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ORDINANCE 2013-
2. A site plan meeting all of the requirements of Chapter 914.
,. (c) Criteria for self-storage facilities:
1. Storage unit areas shall not exceed fifteen (15) feet in height from storage
buildings;
2. Storage units shall not exceed three hundred (300) square feet in size.
3. Outdoor storage, other than for vehicles and beats, is prohibited. Where
autdoo star-ccge of vehiele's is to aeEur�—a Type "C" bufferya-d shall L,o
pr-ovided between the outside star-age area and aE�aeent right of wa)
adja repertiea Outdoor storage of vehicles may be approved upon
a finding by the planning and zoning commission that the criteria of
971.12(5) are satisfied;
4. All outdoor lights shall be shielded to direct light and glare only onto the
self-service storage facility premises. Light and glare shall be deflected,
shaded and focused away from all adjoining property;
5. Self-service storage facility sites shall not exceed three (3) acres gross
area;
6. Quarters for resident managers may be included within the facility as an
accessory use;
7. A Type B landscape buffer shall be required between all structures and
adjacent rights-of-way.
(4) Self-service storage facilities (special exception).
(a) District requiring special exception approval (pursuant to the provisions of
section 971.05): CL.
(b) Additional information. requirements:
1. A written statement from the applicant stating the following:
i. That no commercial activity, vehicular service or repair or storage
of hazardous materials shall be allowed and that this requirement
will be included in every tenant's lease agreement; and
ii. That only domestic and household goods or personal and
noncommercial goods will be kept or stored on the premises.
Both of these provisions will be set forth in appropriate and visible signage
located on the facility site.
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ORDINANCE 2013-
2. A site plan meeting all of the requirements of Chapter 914.
-- (c) Criteria for self-storage facilities:
1. Storage unit interior areas shall not exceed ten (10) feet in height.
2. Storage units shall not exceed one hundred fifty (150) square feet in size.
3. Outdoor storage is prohibited, except that outdoor stome of vehicles
may be approved upon a finding by the board of county
commissioners that the criteria of 971.12(5) are satisfied.
4. All outdoor lights shall be shielded to direct light and glare only onto the
self-storage facility premises. Light and glare shall be defected, shaded
and focused away from all adjoining property and road rights-of-way.
5. Self-service storage facility sites shall not exceed three (3) acres in gross
area.
6. Notwithstanding the applicable buffering requirements contained in
section 911.10, a Type B landscape buffer with six-foot opaque feature
shall be provided between all structures and adjacent properties zoned for
single-family residential use.
7. Building containing storage units shall not exceed ten thousand (10,000)
square feet in floor area each and shall not exceed one hundred thousand
(100,000) square feet of floor area for all buildings.
8. Access shall only be to arterial or collector roadways and in no case
through areas zoned for residential use.
9. No utilities (other than air conditioning)may be supplied to storage units.
10. Hours of operation shall be limited to between 6:00 a.m. and 8:00 p.m.
prior to the issuance of a certificate of occupancy, the applicant shall
provide appropriate signage on the site stating the hours of operation of
the facility.
11. Buildings may not exceed fifteen (15) feet in height.
(5) Vehicle storage lot(paved/unpaved).
(a) Districts requiring special exception approval (pursuant to the provisions of
section 971.05): CL, CG.
(b) Additional information requirements:
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ORDINANCE 2013-
1 A written statement acknowledging that no items other than vehicles
will be stored on site and that vehicle sales, rentals, repairs, painting
and similar activities will not be conducted on site.
2 A site plan meeting all applicable requirements of Chapters 914 and
954, and showing security improvements (including fencing and entry
management for site users), gates, outdoor lighting, light shielding,
and buffering improvements.
(c) Criteria for vehicle storage lots:
1 All unpaved vehicle storage areas shall meet the storage lot surface
requirements of parking ordinance section 954.08(6)b.
2. A Type `B" buffer with 6' opaque feature shall be provided where the
vehicle storage area is adjacent to property with a residential land use
designation. Where the vehicle storage area is adjacent to a collector
roadway, an arterial roadway, or property that is not zoned CH, IL,
or IG and that also has a non-residential land use designation, a Type
"C" buffer with 6' opaque feature is required. Where the vehicle
storage area abuts property zoned CH, IL, or IG, no special buffer
type ("A", `B", or "C") is required.
a Where fencing and vines are used to provide the required
opaque feature, vining plants shall substitute for required buffer
area shrubs.
3 Outdoor lighting shall meet the light shielding requirements of the
Other Corridors regulations, section 911.22(7)(e)4.a.
4 On site storage of semi-trailers and heavy equipment such as dump
trucks, bucket trucks, and similar construction-related equipment is
prohibited.
5 On site stora a of construction materials, merchandise, and items
other than vehicles is prohibited.
6 On site vehicle sales, rentals, repairs, painting, and similar activities
are prohibited.
7 No vehicle storage lot shall be located within one mile of the following
entrances to the County: US 1 at the north and south County lines,
the I-95 interchanges at CR512 and SR 60, and 27l Avenue S.W. at
the south County line.
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ORDINANCE 2013-
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.
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 day of 2013, for a
public hearing to be held on the day of , 2013, at which time it was moved for
adoption by Commissioner , seconded by Commissioner , and
Chairman Joseph E. Flescher
Vice Chairman Wesley S. Davis
Commissioner Tim Zorc
Commissioner Peter D. O'Bryan
Commissioner Bob Solari
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY
BY:
Joseph E. Flescher, Chairman
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F:\Community Development\Users\CurDev\Ordinances\2013\2012-_911,912 and 971 (vehiclestoragerecveh).doc ATTACHMFIdT
ORDINANCE 2013-
ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller
BY:
Deputy Clerk
This ordinance was filed with the Department of State on the following date:
APPROVED AS TO FORM AND LEGAL SUFFICIENCY
Alan Polack ich, , County Attorney
APPROVED AS TO PLANNING MATTERS
t
Robert M. Keating, Al ; Co m nity Development Director
Bold Underline: Additions to Ordinance 11 13q
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34 F:\Community Development\Users\CurDev\Ordinances\2013\2012-_911,912 and 971 (vehiclestoragerecveh).doc ;f TTACHMCMT 10
LDR Amendments Outdoor Vehicle
Storage in CL & CG Districts Hearing
#2
5:01 PM
Board of County Commissioners
February 5, 2013
• Hearing #1 January 22nd
• Proposed Amendments:
• Length of RVs parked in res. areas
• Special Exception in CL& CG (public hearings)
• Criteria for buffers, light shielding, prohibited types of
vehicles, prohibited activities
• Concerns expressed by residents of Ercildoune
Heights (adjacent to CL)
Ercildoune Heights
...00R INDORES PONAMRA
r
(u �
IF h
x
RS4 w � RS'6�'•�
.34- A- 2
Concerns
• Traffic on local streets
• Noise from "test driving" vehicles
• Spill over lighting
• Aesthetic incompatibilities with neighborhood
and major entrance to County
Special Exceptions
• Specific criteria address several items
• General criteria for compatibility
• Similar facts require similar results (approval or denial)
• Ercildoune and Sigler/27th Avenue SW share
similarities
3,4- A- 3
Sigler 27th Ave SW
r
E 5
STH ST SVS
A MACkNA,CIR SV,
RS-3 CL
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a
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3]3022000D10+OOOOOOD.O
CL District Locations
• CL districts located throughout urbanized area
• along major roads
• adjacent to residential, including single-family
3y•A•4
• Principal difference
• Ercildoune at major entrance to the county
• Sigler/27th Avenue SW not at entrance
• Specific locational criteria can be added to proposed
ordinance
• ALTERNATIVE 1: add specific criteria to
prohibit stand alone vehicle storage lots
within 1 mile of major county entrances
• US1 north and south county lines
• 195 interchanges CR510 &SR60
• 27th Avenue SW at south county line
,o
3�F•q•5
ALTERNATIVE 1 results
• Eliminates Ercildoune/Roseland locations
• Allows Sigler/27th Avenue SW location
• Allows other locations along CR512, SR60,
USI, Oslo Road
11
N NORTH COUNTY
A AREA LOCATIONS
Legend
CL
1➢ ® IL,IG
Sin
[�Single-Family
L
ItO
i
-1111D lT-- t
l
.W BTST
l
34-A 6
SOUTH COUNTY N
AREA LOCATIONS emur
Legend
CL
CH,IL,IG
Single-Family 'isnur
...1111+8....
,1f11R
Zr 0
mnew :`-
—�
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smfrsw
ATTACHUM
The Moorings
OCR
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c
n
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! lAN RIVER LAGOON RS-3
a+,osra00000u.+mooma
14
3y•a• �
• ALTERNATIVE 2: rezone Sigler/27th Avenue SW
from CL to CG, limit storage lots to CG
• Policy 1.43: CG districts separated from residential
development
• CL district allowed adjacent to single-family
ALTERNATIVE 2 not feasible
• Policy cannot be satisfied at Sigler/27th
Avenue SW: rezoning not approvable
• Policy needed to protect single-family areas
such as Ercildoune from re-zonings to CG
34 A• 8
• ALTERNATIVE 3: Deny proposed amendments
• Regardless of specific criteria some potential conflicts
with single-family remain
Staff Recommendation
• Adopt ordinance with specific criteria
prohibiting vehicle storage lot locations at
county entrances (Alternative 1)
• Alternatively, deny ordinance if desire is to
eliminate all potential conflicts with single-
family
34 A• 9
TYPE B BUFFER
25 FOOT DEEP
f CANOPY TREES
2.5 LARGE
N 2.5 SMALL
TOTAL - 5
UNDERSTORY - 8
SHRUBS - 55
TYPE C BUFFER
` t 15 FOOT DEEP
CANOPY TREES
I LARGE
3.5 SMALL
TOTAL = 4.5 (5)
UNDERSTORY - 5
SHRUBS - 40
20
34-J4. 10
P.O. Box 1263 Vero Beach, Florida 32961 562-2315
1prcop :Aournat
COUNTY OF INDIAN RIVER: STATE OF FLORIDA
Before the undersigned authority personally appeared Debbi dickers who on oath
says that she is Manager Display Advertising of the Press Journal, a daily newspaper
published in Indian River County, Florida; that
l 'J a+ !ht_ €c�.��_
billed toJ V`cy i=s _ �
was published in said newspaper in the issue(s) of
Sworn to and subscribed before me this
day of �fl ` i fi, °� A.D.
LgNNl1F.PlBTrrunnrnrrruurrwrrornr
9R CATHERINE POUCARE
,••"YF,,,,,, Comm#DD0903382
50res 9/2512013 - f
--
_ r
R:,6c,a Notary AM..Inc .
- Rnuuu urr bnr '•T:rrrrrrrrrNrrrrrrr.rO
-' Advertising Manager
ri.�
�54 YN IfMV7NOTICE'
OF PUBLIC HEARINGHEREBY GIVEN that the Board of County
Commissioners of Indian River County, Florida shall
hold two public hearings at which parties in interest
and citizens shall have an opportunity to be heard,
in the County Commission Chambers of the County
Administration Complex located at 1801 27th Street,
Vero Beach, Florida on:
FIRST HEARING: Tuesday, January 22, 2013
at 9:05 a.m., and;
SECOND HEARING: Tuesday February 5, 2013
at 5:01 p.m.
to consider amendments to its Land Development
Regulations (LDRs); providing for amendments to
chapter 911, zoning, chapter 912, single-family
development,and chapter 971,regulations for specific I
land uses, by amending commercial districts section
911.10 to allow vehicle storage lots as a special
exception use in the CL and CG districts; by amending
section 911.15(7) modifying the limitation on length
of recreational vehicles stored outside on residential
lots, by amending section 912.17(3) modifying
the limitation on length of recreational vehicles
stored outside on residential lots; and by amending
commercial services section 971.12 establishing
and making consistent specific land use criteria
for vehicle storage lots in the CL and CG districts;
,. and by providing for repeal of conflicting provisions;
codification; severability; and effective date.
j; Said ordinance, if adopted, will allow outdoor vehicle
99 storage uses within the CL (Limited Commercial)
and CG (General Commercial) zoning districts as a
special exception use subject to specific criteria.
40 C
_ A copy of the proposed ordinances will be available
at the Planning Division office located in Building "A"
of the County Administration Complex, beginning
nc January 18, 2013. Anyone who may wish to appeal
1 any decision, which may be made at this meeting,
Wi will need to ensure that a verbatim record of the
Joint
;e,n proceedings is made, which includes testimony an
hea
heo evidence upon which the appeal is based.
Please direct planning-related questions to the
current development section at 226-1242.
ANYONE WHO NEEDS A SPECIAL ACCOMMODATION
E
FOR THIS MEETING MUST CA
COUNTY'S AMERICANS WITH DISABILITIES ACT
O` (ADA) COORDINATOR AT 226-1223 AT LEAST
48 HOURS IN ADVANCE OF THE MEETING.
INDIAN RIVER COUNTY
BOARD OF COUNTY COMMISSIONERS