HomeMy WebLinkAbout2017-002ORDINANCE 2017- 002
AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, CONCERNING AN
AMENDMENT TO ITS LAND DEVELOPMENT REGULATIONS (LDRS); PROVIDING FOR
AMENDMENTS TO CHAPTER 956, SIGN REGULATIONS, BY AMENDING SECTION 956.11,
EXEMPTIONS TO PERMITTING PROCEDURES; BY AMENDING SECTION 956.15,
REGULATIONS FOR TEMPORARY SIGNS REQUIRING PERMITS; AND BY AMENDING
SECTION 956.15.1, REGULATIONS FOR ACTIVE SUBDIVISION OR REAL ESTATE
DEVELOPMENT SIGNS; PROVIDING FOR AMENDMENTS TO CHAPTER 901,
DEFINITIONS; PROVIDING FOR AMENDMENTS TO CHAPTER 912, SINGLE-FAMILY
DEVELOPMENT, BY AMENDING SUBSECTION 912.05(5), GARAGE SALES AND YARD
SALES; 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) BE AMENDED AS FOLLOWS:
SECTION #1:
Amend LDR Section 901.03, Definitions in alphabetical order, of Chapter 901, Definitions, as
follows:
Sign any writing (including letter, word, or numeral); pictorial representation (including
illustration or decoration); emblem (including service mark, symbol, or trademark) except a religious
emblem; flag (banner or pennant); any other figure or character or any structure or part thereof on
which such writing, pictorial representation, emblem, flag, or other figure or character is installed or
placed (except a building to which the same may be attached) which:
(a) Is used to inform, attract attention, or advertise; and,
(b) Is readily visible from any public place off the premises where the sign is located.
Whenever the word "sign" appears in Chapter 956, Signs sign regulations, it shall include
"advertising structure." In addition, whenever the word "sign" is used it shall include buildings or
other structures shaped to resemble in configuration or design a product for sale such as, but not
limited to, hot dogs, hamburgers, ice cream cones, shoes, automobiles, or fruit.
Sign, A frame a movable sign not secured or attached to the ground as required by Chapter 956,
Signs sign regulations.
Sign, abandoned (on premises) an on -premises sign identifying an establishment that has not
been conducting business at the site on which the sign is located or at the location noted on the sign
for a period greater than one hundred eighty (180) days or a sign in a condition of disrepair, set forth
in Chapter 956, Signs, sign regulations, of the county land development code. A sign shall not be
considered abandoned for businesses which operate on a seasonal basis.
Sign, add-on any additional sign area added to a permitted sign prior to obtaining a permit for
the additional sign.
Sign, animated a sign with physical action or motion or the appearance thereof, using manmade
or wind actuated elements, including rotating, oscillating, fluttering, flashing, or swinging signs,
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streamers, balloons, or banners, but excluding allowed flags, traditional barber poles, electronic
adjustable alternation displays, and time/temperature units.
Sign, area of sign the area of the single face side of the sign within a perimeter which forms the
outside shape, including any frame forms and integral parts of the display, but excluding the necessary
supports, pole covers, or uprights on which the sign may be placed. The copy area of the sign shall
be the actual area of the sign copy applied to any background as computed by straight lines drawn
closest to copy extremities encompassing individual letters or words.
Sign, canopy any sign installed on any ornamental roof -like structure of cloth or otherwise that
provides or suggests shelter and projects from a wall or is supported by columns; or any temporary
or permanent cover providing shelter or decoration (as over a door or window), including an awning.
Sign, changeable copy a sign which has message characters that are not permanently attached to
the sign, but which are attached to permit numerous changes of the message on the sign without
repainting of any part of the sign or removal of any parts of the sign except the message characters.
as, eompletion date and these engaged in eonstfuetion on any building site. This may iiieltide
> >
or- othef per -sons or- arti
invelved ; said eonstfuetiefl.
Sign, directional (off premises) see "billboard."
Sign, directional
designated a permanent or temporary sign situated so as to guide or direct pedestrians or vehicles
to an event or to an), publie a building,eivie or-ganization, Plaeeef worship, hospit or
teen facility.
sigH, direetery a sign Whieh lists Only the naffles of individuals of businesses within a building,
Sign, double faced a sign with two (2) faces of generally equal dimensions, parallel to each other,
and back to back. A double faced sign shall be considered one sign.
Sign, identification a sign which contains no advertising and the message of which is limited to
conveying street numbers, the name, address and numbers of the premises, or the name of the owner
or occupant of the premises.
Sign, facade see "sign, wall."
Sign, flashing any sign with a light or lights which flash, blink, change in intensity or otherwise
create the illusion of flashing or movement.
Sign, freestanding a sign which is supported by one or more columns, uprights, or braces (ground
or pole sign) anchored into the ground independent of support from any building, including ground
signs and pole signs.
Sign, height the vertical distance to the highest point of a sign. Freestanding signs shall be
measured from the average natural grade or the minimum flood elevation, whichever is higher.
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Sign, illuminated a sign which gives forth artificial light or reflects such light from an artificial
source.
Sign, instructional a sign situated so as to conveyii+g instructions with respect to use of the
premises on which it is maintained, such as, but not limited to, "exit," "entrance," "parking," "no
trespassing," "no solicitation," or similar instruction.
Sign, memorial a sign, tablet or plaque situated on or near a building so as to indicate
indie-atin a dedication or the name of the building. and is eut into-�saaee c= eenstfuete`�
of metal as part of the building.
Sign, message center any sign that can automatically display words, numerals, and/or characters
in a programmed manner.
Sign, multiple faced a sign with more than two (2) faces.
Sign, nonconforming any sign lawfully existing on the effective date of the sign ordinance,
Chapter 956, or an amendment thereto, but which would be prohibited or further restricted under the
terms of county land development regulations.
Sign, on premises see "sign, point of purchase."
Sign, point of purchase (on premises sign) any structure, device, display board, screen, surface
or wall, characters, letters, or illustrations placed thereto, thereon, or thereunder by any method or
means whatsoever where the matter displayed is used for advertising on the premises, a product or
service, actually or actively offered for sale or rent thereon or therein.
Sign, pole freestanding sign.
Florida,River- Count), of any othef Perida County, State of >
issue tl + willappeafJ Y YJ , general sYe al 1 ti ballot the eottnt�-
Sign, projecting a sign other than a wall sign which is attached to and projects no more than
eighteen (18) inches from a structure or building face. Area of a projecting sign is calculated on one
face only.
Sign, public a sign placed under the authority of duly authorized government officials, including
traffic signs, civic signs, legal notices, public safety signs, or signs placed by such authorized officials
for the public health, safety, welfare, and convenience.
lease.si�gn, real ell . instaiied by the owner- or- his agent on a temper-afy basis, advel4ising
the real py-opefty upon-whieh the sign is leeated for- fent, sale, or
Sign, revolving see "animated sign."
Sign, roof any outdoor advertising display sign, installed, constructed or maintained above the
roof line of any building, excepting allowable signs on a parapet or marquee.
Sign, rotating see "sign, animated."
Sign, sandwich see "sign, A -frame."
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Sign, snipe any sign placed on any tree, utility pole, or similar object. Also, any sign installed
without permission of the owner of the property where the sign is placed.
Sign, &peeial event a sign that ealls attention to a business grand ape ...... &� et— - "efit or- meetifi-g-,
e.
Sign, swinging any sign installed by any means which allows the sign to swing back and forth by
wind action.
Sign, temporary any sign intended to be displayed for a limited period of time only, usually for
less than one year.
Sign, time and temperature a display containing illuminated numerals flashing alternately to
show the time and/or temperature.
Sign, trailer any sign installed on a portable frame or structure with wheels other than a motor
vehicle and excluding commercial trailers used in support of a commercial hauling, lawn mowing,
land clearing, or similar mobile commercial service.
Sign, under canopy any sign hung under a canopy.
Sign, Vee -shaped any sign which has two (2) faces which are not parallel.
Sign, vehicular a sign affixed to or painted on a transportation vehicle or trailer, for the purpose
of business advertising; however, not including signs affixed to vehicles or trailers for identification
purposes.
Sign, wall (facade sign) any sign installed parallel to and flush against the exterior wall of a
building, supported by the building and which has only one advertising surface.
Sign, wall area that background area upon which the copy area is placed. Where the copy area is
attached to the wall of a building, the wall shall not be construed to be the background area of the
sign unless it is an integral part of the sign.
Sign, window any sign placed on the inside or outside of any window of any building or door
which is visible from any public right-of-way. This does not include merchandise on display.
SECTION #2:
Amend LDR Section 956.11, Exemptions to permitting procedures, of Chapter 956, Sign
Regulations, as follows:
Section 956.11. Exemptions to permitting procedures.
(1) Provisions regulating exempted signs. The following types of signs do not require a permit
provided the sign shall: Comply with applicable requirements in the zoning district where placed;
comply with other provisions in this subsection; and be consistent with the spirit, intent and
purpose of this chapter. All sign copy shall be considered exempt from the provisions of this
chapter. This chapter shall not apply when state or federal regulation requires other specific
posting standards.
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(2) Signs exempted from permitting procedure.
a Identification signs. Exempted signage shall inelude signs identify4ngonly the flame "d/c=
address of theeeetipantsbuildings and havinge t &Eeeedi . not exceed
two (2) square feet for a single-family residential structure or four (4) square feet for a
multiple -family, nonresidential, or mixed use structure.
(b)
p4he safety and welfafe. Stieh signs must eemply with all applicable standafds of the -
r r I fU •r fm Traffic Contfol Deviees. Sims required by law. Sims such as traffic
regulatory signs that are required by law.
(c) Instructional signs. Instructional signs not to exceed one (1) square foot for residential uses
and four (4) square feet for nonresidential uses.
(d) Memorial signs.
(e) Window signs. Except in residential zoning districts, a temporary window sign or signs
having a total area not exceeding twenty (20) percent of each window, calculated separately
for each window.
(f) Gasoline and fuel pricing signs. Gasoline and fuel pricing signs shall be exempt when
required by law to be posted. The size of such signs shall not exceed the dimensions specified
in appropriate federal regulations.
(g) No smoking signs.
(h) Temporary signs of limited ,geographic scope and number. Temporary signs of limited
geographic scope and number that meet the following criteria do not require a permit.
Typical signs in this category include garage sale signs and real estate for sale or lease
signs Temporary signs broader in geographic scope and number shall require a
temporary sign permit as set forth in section 956.15 of this chapter. cal "stat„ fi r tele
lease, of, rental
1. Number of signs. One (1) temporary on -premises sign per street frontage advertising
may be
placed on the property advertised in any zoning district. One (1) additional sign may be
placed where the street frontage exceeds three hundred (300) linear feet along a common
road right-of-way.
2. Area requirements. Said temporary signs shall not exceed four (4) square feet for
single-family residential uses, six (6) square feet for multiple -family or institutional
uses, and sixteen (16) square feet for commercial or industrial sites.
3. Required setbacks. Said temporary signs shall be located outside rights-of-way within
the applicant's property lines and shall have a ten -foot setback from all other adjacent
property lines, excepting adjacent road rights-of-way from which no setback is required.
4. Height requirements. Residential or institutional row temporary signs shall not
exceed five (5) feet in height. Commercial or industrial real esta4e signs of allowab!
real estate direetef temporary signs shall not be placed within the road right-of-way,
and shall not exceed the height restrictions as set forth in Table 1 of this chapter.
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65. Additional regulationsfier real estate open to inveetion sig , One (1) a" P
not to exeeed fouf l l Y
\ / 1 + � �
in
zoning distr-lets-may be plaeed- in addition to the o,.mitte +t>..,..,f gfa—P
956.11(2)(h+. Two (2) additional off -premises ewe temporary signs, such as
open house or garage sale signs, not to exceed four (4) square feet each may be
placed p within road right-of-way; however, no more than two (2) such
signs may be placed per intersection. Such signs may be located within a road right-of-
way, provided the sign is:
a. Located at least eight (8) feet from the edge of any roadway or intersecting
driveway;
Constructed as a break away sign; and
c. No more than three (3) feet above the crown of the adjacent road, measured to the
top of the sign.
All epee temporary signs posted under this section shall be placed only when
the property that is the subject of the sign direction is actually open for inspection or
visitation by the public and shall be displayed only between the hours of 8:00-a.m.
6:00 a.m. and 7:00 p.m. For any residential site open for inspection or visitation by
the public, temporary signs allowed under this section shall be displayed for a
period not exceeding twenty four (24) days during any calendar year. Said
shall be limited-te-the words "open hence," "open for- eetion," or other- similaf w
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91
.•
_IL
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96. No illumination. Real est -ate for sale, lease, of fental Temporary signs posted under
the criteria of this section shall not be illuminated in ,-os;.to.,t;-ally designated areas.
(i) Flags. The flag of the United States of America, flags of other nations, states, counties, cities,
veteran and civic organizations, schools and public and non-profit private institutions.
(j) Non-commercial decorative art. Decorative or architectural features which are an integral
element of a building or works of art so long as such features do not contain letters,
trademarks, moving parts, exhibit merchandise for sale on premises, and do not contain
lights. Religious emblems shall be construed as being non-commercial decorative art and
shall be exempt from this chapter.
(k) Holiday decorations s4gn-s. Holiday signs and decorations that are clearly incidental to and
customarily associated with any national, local, or religious holiday observance.
(1) Gaiwge salesigns. One (1) gafage sale sign per- street frontage may be displayed
been theheurs o€6•nod-55:00 p The sign shall of a ed fui (4) o^uuae feet.
Said signs shall be loeated outside rights of within pfapei4y lines, and shall maintain
f
ten feet setbaek ftom all othef adjaeent pr-epefty lines, exeepting the read right of way 4em
whieh no o+t aek ; fequired.
(ml)Temporary eanstruetion signs on construction sites. Temporary ^^n�etieff signs
adveffisingthe eonstfuetionimprovement r r y r
on construction sites may be erected upon issuance of a site construction building permit
for- the subjeet pr-ejeet subject to compliance with the following conditions:
Character ofsign. A eenstnaet; Such temporary sign shall not exceed a cumulative
area of sixteen (16) square feet, and no more than three (3) such signs per premises shall
be permitted. Such sign(s) shall not be illuminated. These signs must be located on the
a developing premises, at least five (5) feet from all rights-of-way and easements, and
at least twenty (20) ten 10 feet from other property lines. Such temporary
Genstfdet signs are otherwise subject to the regulations applicable to the district
where erected. Gonstfueti^" Such temporary signs shall otherwise comply with
provisions of this chapter.
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2. Timing of removal. Any ^^„pion such temporary sign shall be removed prior to
the issuance of a final certificate of occupancy.
(nm)Change of copy.
(en)Right-of-way acquisitions. Signs located within recently acquired rights-of-way may be
relocated without obtaining a permit.
(po) Carried sign. A sign that is carried or held by a person on private property or on a public
sidewalk.
(qp) On -premises yard or window sign. An on -premises yard or
window sign related to any non-commercial message that is otherwise lawful, subject to the
following conditions:
1. In residential zoning districts, such signs shall either be freestanding or window signs.
If displayed as a freestanding sign, such sign shall be no more than nine (9) square feet
in area and shall not exceed five (5) feet in height. Each window sign shall be no more
than two (2) square feet in area and the cumulative area of all window signs shall be no
more than twenty (20) percent of the total area of each window. Such signs shall not be
illuminated. O "` f e . didat r- topie is allowed per '
reel of land. During periods of election, from the day after the deadline for
qualifying for elective office to five (5) days after the election, one (1) additional
sign per lot or parcel of land shall be allowed for a temporary event. For purposes
of this section, a candidate, issue, or topic on an election ballot shall each constitute
a temporary event For a lot or parcel of land that has more than three hundred
(300) feet of frontage on a collector or arterial road, two (2) additional signs shall
be allowed for each temporary event durinil periods of election.
2. In non-residential zoning districts, such signs shall either be freestanding or window
signs. If displayed as a freestanding sign, such sign shall be no more than sixteen (16)
square feet in area and shall not exceed ten (10) feet in height. Each window sign shall
be no more than four (4) square feet in area and the cumulative area of all window signs
shall be no more than twenty (20) percent of the total area of each window. Such signs
shall not be illuminated. ,
allowed r- lot ^r par -eel of land. During periods of election, from the day after the
deadline for qualifying for elective office to five (5) days after the election, one (1)
additional sign per lot or parcel of land shall be allowed for a temporary event. For
purposes of this section, a candidate, issue, or topic on an election ballot shall each
constitute a temporary event For a lot or parcel of land that has more than three
hundred (300) feet of frontage on a collector or arterial road, two (2) additional
signs shall be allowed for each temporary event during periods of election.
3. Such free expressi^r g , unless _a -ie or- o__ � blie sidewalk, shall be located
vu signs, .,,. - —r------- -
wholly on private property with the prior consent of the property owner or lawful
occupant of the property. Such signs, when freestanding, shall be at least five (5) feet
from all public rights-of-way.
SECTION #3:
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Amend LDR Section 956.15, Regulations for temporary signs requiring permits, of Chapter
956, Sign Regulations, as follows:
Section 956.15. Regulations for temporary signs requiring permits.
The requirements of this section apply to temporary signs erected off -premises l
and for- speei ,t events that are broader in geographic scope and number than
temporary signs exempt from permitting under subsection 956.11(2)(h) of this chapter. For
purposes of this section, speeial-event signs- afe tempefafy such temporary signs areop sted
countywide typically for election campaigns or announcing other temporary special events, such
as fairs, shows, concerts, grand openings, or seasonal sales. te be sponsored by a ^1,.,,.;+xble,
edue-atie,-al, of feiigietts instittition, era c......ereial entity. Said temporary signs shall require
issuance of a permit by the code enforcement official, except as otherwise specified herein. Prior to
the placement of any of the described temporary signs all relevant provisions of this chapter shall be
satisfied.
(1) Sign permit required. Except for a an on -premises yard or window flee-expfess sign
posted by an owner on his or her property meeting the criteria of subsection 956.11(2)(p);
or exempt signs meeting the criteria of subsection 956.11(2)(h), no temporary pekfieal
al event sign shall be displayed in the unincorporated area of Indian
River County unless a county sign permit has been obtained subject to the provisions of this
section. A single overall sign permit may be obtained for placement of more than one (1)
temporary sign, including multiple signs displayed as part of a countywide campaign or
advertisement of a speeial temporary event. No more than twenty (20) signs shall be
displayed in the unincorporated county_ for- ^ speeial event. F^" palifieal eaffiPaigns, the fe is
no limit on the total nuffiber- of signs displayed in I A eountywhen sueh signs
are ethem,ise displayed in eemplianee with the fequir-ements of this seefie*-.
(2) Application. The applicant shall submit a written application on a form to be provided by the
code enforcement official which stipulates the conditions under which the temporary sign(s)
are being requested. In addition to sign application information required pursuant to section
956.05, the application should include the following:
the leeationof the speeial event and daily sehea„le ofaet
(ab) Duration of the special temporary event ' .- . Include dates of commencement
and termination of the special event or election, pelf e l e
(be) Sign distribution. Include the proposed distribution of signage and such other
information as the county may require to ensure consistency with the spirit, intent, and
purpose of this chapter;
(cd) Responsible agents. Identify the name of the sponsoring entity and principal contacts
responsible for erecting and removing signage.
(3) Duration of sign display restricted. Tempofafy speeialeven. be e-eeteaperiod of time not to e�ieeed seven (7) ealendaf days within any six menth pefied.
Temporary
signs asseeiated with a Temper-a-Fy Use Peffflit issued under- Getinty Code Chaplef 972�
Tempofafy may be erected for a period of time concurrent with the timeframe of the
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approved event. If the temporary event relates to any election, the event period shall be
considered the day after the deadline for qualifying for elective office to five (5) days
after the election. T lifie 1 be displayed no more e than
ninety (90) days prior- to the eleetion in whieh fln —a— - -- un
Any unepposed eandidate in the fifst pfimafy who will faee opposition in the fell
glener-a1 eleetion may eet temp.,,-afy ,plebe.ninety (90) days pfief ♦A the fry+
cr-rrrccr-the c-ai}didat�c= will rnot cur --9n the fi
(4) Temporary signs in residential zonin districts. Temporary signs for political ,.�,,,r�°^�� ^-
speeial temporary events are allowed in residential districts, as defined in Chapter 901,
Definitions, subject to the following provisions:
(a) One (1) sign per sped temporary event, eandi ate or issue is allowed per lot or parcel
of land. The allowable signage shall not exceed nine (9) square feet per sign;
(b) Signs shall not be illuminated and shall be freestanding;
(c) Signs shall be located wholly on the private property and shall be placed at least five (5)
feet from all rights-of-way and fifteen (15) feet from all other property lines, and shall
not exceed five (5) feet in height.
(5) Temporary signs in nonresidential zonin districts. Temporary signs for pelitiea e . .-
of spec -i -al temporary events are allowed in nonresidential zoning districts subject to the
following provisions:
(a) One (1) sign per special temporary event, eandi ate E)~ issu is allowed per lot or parcel
of land. The allowable signage shall not exceed (16) square feet per sign;
(b) Signs shall be located wholly on the private property and shall be placed at least five (5)
feet from any right-of-way and fifteen (15) feet from all other property lines and shall
not exceed ten (10) feet in height.
(6) Compliance with conditions of sign(s) placement and removal. The applicant shall place
signs in a manner consistent with the terms of county sign regulations and remove the same
pursuant to the schedule approved as a condition of permit approved. In addition, the
applicant shall agree to conditions necessary to ensure that potential issues identified by the
county shall be effectively managed in order to promote the public safety, avoid excessive
proliferation of signage, and protect the economic and business climate and appearance of
the community. Concerning the placement and removal of temporary pelitieal e mpaign and
sped event signs, the following shall apply:
(a) All temporary signs must be removed after
five (5) days after the sped -,
revent ecgafding pelitiem—Eaii�p��S�—afer the eleetio r in which the eandidate
(b) The placement of temporary signs upon any tree, utility pole, or similar object is
prohibited;
(c) The placement of any temporary sign without permission of the owner of the property
upon which the sign is placed is prohibited;
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(d) The placement of any temporary sign in a public or private road right-of-way is
prohibited; however, the public works department may approve placement of temporary
traffic/directional signs within rights-of-way in accordance with subsection
956.11(2)(b). For purposes of this regulation, the road right-of-way line shall be deemed
to be the edge of sidewalks or utility poles furthest from the road. Where no such
structure(s) are present, the right-of-way line shall be deemed to be twenty (20) feet
back from the near edge of roadway pavement or, if unpaved, the near edge of unpaved
roadbed surface.
SECTION #4:
Amend LDR Section 956.15.1, Regulations of active subdivisions or real estate development
signs, of Chapter 956, Sign Regulations, as follows:
Section 956.15.1. Regulations for active subdivision or real estate development si-gm.
On -premise active subdivision or real estate development may have signs maybe erected subject
to compliance with the following conditions in addition to other applicable provisions of the sign
ordinance. For purposes of this section, an active subdivision or real estate development is a
subdivision or development with an approved proiect site plan or final plat for development
that received county approval within the past three (3) years. These signs e not subjeet to
subseetien 956.11(2)(h), "Real EstateFer- Sale, ease, or Rental Signe
(1) Character of sign. Such signs shall not exceed forty-eight (48) square feet except in single-
family residential districts where they shall not exceed twenty-four (24) square feet for
model homes and sales offices only. One (1) additional sign may be erected on a site having
a street frontage in excess of three hundred (300) feet. Such sign must be located on the
premises of the developing project or subdivision, at least five (5) feet from all rights-of-
way, and at least twenty (20) feet from contiguous property lines of adjacent landowners.
These signs may be illuminated.
(2) Number of signs permitted. Only one (1) such sign per each authorized agent of the
developer or owner (including builder) of ten (10) lots or more within the development,
plus one additional sign for an authorized agent of fewer than ten (10) lots within the
development, shall be permitted for each common roadway along the perimeter of the
development. Such sign must be located on the premises of the development, at least five
(5) feet from all rights-of-way, and at least twenty (20) feet from contiguous property lines
of adjacent landowners. These signs may be illuminated.
(3) Filing of plat and/or site plan. Prior to the erection of such a sign, an approved preliminary
plat or a site plan for the development, as applicable, shall be placed on file with the
community development department.
(4) Authorization for sign placement. Only the exclusive agent of the developer or owner of the
property shall be authorized to place a sign on the property. The property owner's signed
authorization consenting to the placement of a sign representing an exclusive real estate
agent on such premises shall be filed with the community development department prior to
the placement of the agent's sign.
Bold Underline: Additions to Ordinance 1 1
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ORDINANCE 2017- 002
(5) Time limitation. Aefive subdiVisienreal esta4e development sig Signs shall be wed
displayed no longer than three (3) years after county approval of the project site plan
(or similar development plan) or final plat for the development, or until the last unit is
under contract for sale, whichever occurs first. enee fift.. «n' porwnt of the subdi"'�""'
or- develepnient is sold of !eased by the develeper-.
SECTION #5:
Amend LDR Section 912.05(5), Garage sales and yard sales, of Chapter 912, Single -Family
Development, as follows:
(5) Garage sales and yard sales. Garage sales and yard sales are allowed to be conducted from any
residence, with the following restrictions:
(A) No sale shall be conducted for more than three (3) consecutive days;
(B) No more than three (3) sales may be conducted from any residence or site in any given
calendar year; and
(C) Garage sale signs are allowed only as specified herein. The number, size, location, and other
characteristics of garage sale or yard sale signs are as follows:
1. One on -premises garage sale sign per street frontage may be maintained between the
hours of 6:00 a.m. and 5:00 7:00 p.m. The sign shall not exceed four (4) square feet.
Said signs shall be located outside of rights-of-way, within property lines, and shall
maintain a ten -foot setback from all adjacent property lines, excepting the road right-of-
way from which no setback is required.
One additional off p ige sale sign may be maintained F- "'t'.Y ... t'B__a
ba or -a I .:r . vhieh . gar -age ale is Wring place
lade -tee be pl a oa at o eh eeti e point f entf , to
subdivision of development. Stieh sign may be loeated within a r-oad fight 0
prate : Two (2) additional off -premises temporary signs may be placed
within road right-of-way; however, no more than two (2) such signs may be placed
per intersection Such signs may be located within a road right-of-way, provided
the sign is:
a. Located at least eight (8) feet from any roadway;
b. Constructed as a breakaway sign;
c. No more than three (3) feet in height measured from the crown of the adjacent road.,
measured to the top of the sign;
d. Maintained Displayed only when the garage sale is actually open for visitation
by the public and only during the hours of 6:00 a.m. to 5-00-7:00 p.m.; and
e. No greater than four (4) square feet in area.
No on or off premises garage sale signs shall be maintained for a period exceeding three
(3) eonseetifive days and shall not be maintained fef mofe than a total of nine +9�
eighteen (18) days during a calendar year.
Bold Underline: Additions to Ordinance 12
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ORDINANCE 2017- 002
These requirements are a restatement of a section in Chapter 956, sign regulations. of the
sign efdinanee.
No permit from the planning division is required to be issued to conduct a garage sale in
accordance with these regulations.
SECTION #6: 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 #7: 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 #8: 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 #9: EFFECTIVE DATE
This Ordinance shall take effect upon filing with the Department of State.
This ordinance was advertised in the Press -Journal on the 20th day of FPb3alary2017, for a public
hearing to be held on the 7th day of March , 2017, at which time it was moved for adoption by
Commissioner cvR,--)7ar, _, seconded by Commissioner -gw__ _ _ ,and adopted by the
following vote:
Chairman Joseph E. Flescher AYE
Vice Chairman Peter D. O'Bryan AVE.
Commissioner Susan Adams AYE
Commissioner Bob Solari AYE
Commissioner Tim Zorc AYE
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY
Bold Underline: Additions to Ordinance 13
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ORDINANCE 2017- 002
The Chairman there upon declared the ordinance duly passed and adopted this 7th day of
Ma-rr-h 2017. •,•Cpb1MISS/�
ph E. Flescher, Chairman
s � :
V
'•otiR •�ST: Jeffrey R. Smith, Clerk of Court and Comptroller
•../VER C �'••
T Deputy Clerk
This ordinance was filed with the Department of State on the following date:
APPROVED AS TO FORM AND LEGAL SUFFICIENCY
ylan Reingold, County Attorney
APPROVED AS TO PLANNING MATTERS
StanBoling, AI CCommunity Development Director
Bold Underline: Additions to Ordinance 14
c.:,m, through: Deleted Text from Existing Ordinance
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