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HomeMy WebLinkAbout2010-023ORDINANCE 2010- 023 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA CONCERNING AN AMENDMENT TO ITS LAND DEVELOPMENT REGULATIONS (LDR); PROVIDING FOR AMENDMENTS TO CHAPTER 911, ZONING, BY AMENDING OTHER CORRIDORS SPECIAL SIGN REGULATIONS SECTION 911.22(9); 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) BE AMENDED AS FOLLOWS: SECTION #1: Amend LDR section 911.22(9), Special sign regulations, to read as follows: (9) Special sign regulations. (i) Nonconforming signs: It is the intent of these regulations to allow nonconforming signs to continue until they are no longer used or become hazardous, and to encourage conformance to these special sign regulations. A "compatible freestanding sign" shall be defined as any freestanding sign permitted prior to the adoption of these special regulations, and conforming to the SR 60 maximum height requirements for a freestanding sign, and wide -based monument style mounting for a freestanding sign. 1. Nonconforming signs are subject to the following: Nonconforming signs or nonconforming sign structures on sites abandoned for twelve (12) or more consecutive months shall not be permitted for reuse. ii. Except as otherwise provided herein, there may be a change of tenancy or ownership of a nonconforming sign, without the loss of nonconforming status, if the site is not abandoned for twelve (12) or more consecutive months. iii. Colors of a nonconforming sign shall not be changed from those existing at the time of the adoption of this Code, unless new colors comply with the SR 60 Corridor special color requirements. iv. A nonconforming sign shall not be enlarged or increased in any way from its lawful size at the time of the adoption of these special regulations. Bold Underline: Additions to Ordinance 1 Stfike thFOughi Deleted Text from Existing Ordinance F:\Community Development\Users\CurDev\Ordinance Changes\2010\2010-_ other corridor free-standing signs.RTF . . Bold Underline: Additions to Ordinance 1 Stfike thFOughi Deleted Text from Existing Ordinance F:\Community Development\Users\CurDev\Ordinance Changes\2010\2010-_ other corridor free-standing signs.RTF 2. Repairs and maintenance: Normal repairs and maintenance may be made: however, the cost of such repairs and/or maintenance made during any two-year period shall not exceed fifty (50) percent of the replacement cost of the sign at the end of the two-year period. 3. Reconstruction after catastrophe: If any nonconforming sign is damaged by fire, flood, explosion, collapse, wind, war, or other catastrophe, to such an extent that the cost of repair and reconstruction will exceed fifty (50) percent of the replacement cost at the time of damage, it shall not be used or reconstructed except in full conformity with the provisions of these special regulations. 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. Bold Underline: Additions to Ordinance 2 Strike Deleted Text from Existing Ordinance F:\Community Development\Users\CurDev\Ordinance Changes\2010\2010-_ other corridor free-standing signs.RTF ORDINANCE 2010- 023 This ordinance was advertised in the Press -Journal on the 4th day of October , 2010, for a public hearing to be held on the 19th day of October , 2010, at which time it was moved for adoption by Commissioner Wheel er , seconded by Commissioner Sol ari and adopted by the following vote: Chairman Peter D. O'Bryan Aye Vice Chairman Bob Solari Aye Commissioner Wesley S. Davis Aye Commissioner Joseph E. Flescher Aye Commissioner Gary C. Wheeler Aye •'•Z4 ryOMMi•'' BOARD OF COUNTY COMMISSIONERS •••'ss%y. OF INDIAN RIVER COUNTY �.••'�o�••••••• • �;• •' BY: 7� ��"L/ sy •,r Peter D. O'Bryan, Chairma ''•9• •' 'ALN cou ATTEST BY: Jef rey K. Barton, Clerk This ordinance was filed with the Department of State on the following date: APPROVED AS TO FORM AND LEGAL SUFFICIENCY Alan S. Polackwich, ., County Attorney APPROVED AS TO PLANNING MATTERS M. Keating, AICP;/Com-mtyfl7y Development Director Bold Underline: Additions to Ordinance Strike thFOugh: Deleted Text from Existing Ordinance F:\Community Development\Users\CurDev\Ordinance Changes\2010\2010-_ other corridor free-standing signs.RTF