The URL can be used to link to this page

Home My WebLink About2016-009ORDINANCE 2016- 009 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, CONCERNING AMENDMENTS TO ITS LAND DEVELOPMENT REGULATIONS (LDRS); PROVIDING FOR AMENDMENTS TO CHAPTER 972, TEMPORARY USES; BY ESTABLISHING SECTION 972.08(6), PROVIDING FOR TEMPORARY FOOD & PRODUCE MARKETS/SPECIAL EVENTS IN GIFFORD; 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 FOR DEVELOPMENT BE AMENDED AS FOLLOWS: SECTION #1: Establish LDR Section 972.08(6), Gifford Farmers Market, as follows: (6) Gifford Farmers Market: As called for in the adopted Gifford Neighborhood Plan, temporary use permits may be approved by the Community Development Director for a weekend and special event "farmers market" site within Gifford (as defined in the Gifford Neighborhood Plan), subject to the special criteria below. To encourage farmers market events, the Board of County Commissioners waives any temporary use permit application fee for a farmers market in Gifford. To encourage community participation and to create a more viable market place for vendors and the public, applicants are encouraged to obtain the support of one or more Gifford community not-for-profit groups, and no more than one farmers market site shall be permitted on a commercial/industrial site at any given time. (a) Location: The farmers market site shall be limited to properties zoned commercial or industrial, and public park sites. The farmers market site shall: (1) Be located east of 58th Avenue, west of US 1, north of the City of Vero Beach corporate limits, and south of 49th Street. (2) Have direct access to a collector or arterial road designated on the Thoroughfare Plan. Such roads include but are not limited to 43rd Avenue, 49th Street, 45th Street/MLK Blvd., 41" Street, US 1, and Old Dixie Highway. (3) Be designed to accommodate multiple vendors. (4) Be open to the public. (b) No more than one (1) farmers market site shall be permitted on a commercial/industrial site at any given time. (c) Merchandise: Items for sale shall be limited to fruits, vegetables, food (prepared and unprepared), non-alcoholic beverages, and plants. FACommunity Development\CurDev\Ordinances\2016 Ordinances\2016- 972(giffordmarket)Final for9-20BCC.docx ORDINANCE 2016- 009 (d) Days and hours: Special events and re -occurring (regular) market sales activity shall be limited to three (3) days per week, eight (8) hours per day, and shall be conducted during day light hours only. (1) Sales activity shall not occur between 8 pm and 8 am. Set-up and take-down activity shall not occur between 9 pm and 7 am. (2) Regular, re -occurring market events may be approved as specified in a temporary use permit (TUP) approval letter. A TUP application may be re-newed upon re- application and a finding of compliance with TUP regulations and any condition(s) attached to the previous TUP approval. (d) Traffic control, parking and security: Adequate traffic circulation, traffic control, vendor and customer parking, pedestrian access, lighting, and security measures shall be provided as required by Planning, Traffic Engineering, and the Sheriff's Office. (e) Sanitary facilities and solid waste (including recycling): Sanitary facilities and management of solid waste shall be provided as required by the Health Department and Solid Waste. (f) Vendors: Subject to Building, Fire Prevention, and Health Department approval, vendor set- ups may include food trucks, tables, canopies, tents and similar structures, as shown on an approved temporary use permit (TUP) site plan sketch. (1) Prior to any sales activity conducted by an individual vendor at a market or special event, the individual vendor shall: a. Obtain written authorization (includes email) from the market applicant/sponsor for a vending spot and shall provide documentation of authorization upon request. b. Obtain any license or approval required by the Health Department, and shall provide documentation of compliance with any such requirement upon request. (g) Applicant: The farmers market applicant shall provide authorization from the site owner and shall ensure timely site clean-up after each weekly event. (1) An applicant may include a letter of support from a Gifford community not-for-profit group. (2) Sites shall be cleaned -up within 48 hours of each weekly event. To incentivize prompt site clean-up, the applicant shall post a refundable $25 clean-up deposit with the county. (3) The applicant shall provide the name and contact information for the person(s) responsible for managing the market or special event and shall notify the community development department of any change in the manager or contact information. (4) The community development director may terminate a farmers market temporary use permit based upon a determination that the market fails to sustain adequate activity with respect to one or more of the following: lack of multiple vendors, insufficient hours open to the public, lack of frequent or consistent hours open to the public. C:\Users\mpursel\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Onllook\69BOW7MD\2016- 972(giffordmarket)Final2 for9-20BCC.docx ORDINANCE 2016- 009 (h) Signs: Prior to commencement of sales activity, all signs associated with a market or special event, including temporary signs, shall be properly permitted. Banners, balloons, pennants, common flags, and inflatable displays shall be prohibited. (i) General criteria: The general temporary use permit (TUP) criteria of section 972.06 shall apply. Those criteria address nuisances, hazardous features, traffic and parking, public facilities and services including temporary services, natural environment, site suitability, duration, and protection of the public health. (j) Application: Each temporary use permit application for a market or special event shall include a scaled site plan sketch depicting entrances, exits, driveways, traffic circulation, vendor set- up areas, customer and vendor parking, signs, sanitary facilities, solid waste management items, sound system items (if any), and lighting/security items. (1) Each application shall be reviewed by Planning, Traffic Engineering, Fire Prevention, Building, Solid Waste, the Sheriff's Office, and the Health Department. 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 45: EFFECTIVE DATE This Ordinance shall take effect upon filing with the Department of State. This ordinance was advertised in the Press -Journal on the 5th day of Se�temb2P16, for a public hearing to be held on the 20th day of September, 2016, at which time it was moved for adoption by Commissioner Flescher , seconded by Commissioner zorc , and adopted by the following vote: Chairman Bob Solari AYE FACommunity Development\CurDev\Ordinances\2016 Ordinances\2016- 972(giffordmarket)Final for9-20BCC.docx 3 ORDINANCE 2016- 009 Vice Chairman Joseph E. Flescher AYE Commissioner Wesley S. Davis AYE Commissioner Tim Zorc AYE Commissioner Peter D. O'Bryan AYE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY The Chairman there upon declared the ordinance duly passed and adopted this 20th day of September ,2016. BY: Bob Solari, Chairman ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller 11 BY: ct + Deputy Clerk This ordinance was filed with the Department of State on the following date: favi p?016 APPROVED AS TO FORM AND GAL SUFFICIENCY ' Dylan Reingold, County Attorney APPROVED AS TO PLANNING MATTERS 2�� Stan Boling, AI P; ommunity Development Director F:ACommunity Development\CurDevAOrdinances\2016 Ord inances\2016- 972(giffordmark et)Final for9-20BCC.docx 4