§ 911.20. North Barrier Island Corridor special development regulations
(1)
Purpose and intent. The overall purpose and intent of these regulations is to:
(a)
Preserve and enhance the appearance of the North Barrier Island community, particularly with respect to the scenic appearance of CR 510 and SR A-1-A.
(b)
Recognize, preserve, and enhance the character of the North Barrier Island Community;
(c)
Increase property values in the North Barrier Island;
(d)
Prevent the establishment of incompatible land uses and unattractive developments in the corridor;
(e)
Make the North Barrier Island area consistent with the following vision statement:
The scenic North Barrier Island area will retain the feeling of an uncluttered, well maintained residential community. Attractive landscaping and special development design considerations for private development and public sector projects will preserve and enhance the natural beauty and scenic vistas that give the North Barrier Island area its special character. Additionally, the area will be characterized by scenic, safe, and uncongested roads, and by low-rise, low-density residential neighborhoods.
(2)
Boundaries of the North Barrier Island Corridor. The boundaries of the North Barrier Island Corridor are as shown on the county's official zoning atlas. Generally, the boundaries cover the area within three hundred (300) feet of either side of the centerline of CR 510 from the edge of the western shore of the Indian River Lagoon to the Atlantic Ocean, and the area within 300 feet of either side of the centerline of SR A-1-A from the northern limits of the Town of Indian river Shores to the Sebastian Inlet.
(3)
Specific development regulations within the North Barrier Island Corridor. In the North Barrier Island Corridor, the following special regulations shall apply to new development or re-development that requires site plan or plat approval, and shall not apply to development or re-development of individual single-family homes and accessory uses/structures to such homes. Special regulations, as specified herein, shall apply to all new development or re-development site plan projects within the North Barrier Island Corridor, as defined herein.
(a)
Prohibited uses: The following land uses shall be prohibited:
1.
Outdoor display of automobiles/motorized vehicles for sale or rental;
2.
Outdoor display of mobile homes for sale or rental;
3.
Outdoor display of boats for sale or rental;
4.
Drive-in theaters;
5.
Recycling centers;
6.
Commercial telecommunications towers:
7.
Flea markets;
8.
Transient merchant uses; and
9.
Temporary sales events that require temporary use permits and are conducted outside of enclosed buildings.
Specifically, there shall be no outside display of merchandise on public sidewalks (within public rights-of-way or easements) or rights-of-way. Outside display of merchandise shall be allowed on private property; provided, however, that outside display of merchandise is allowed only on sidewalks abutting buildings occupied by the business displaying the merchandise. All other uses shall comply with applicable zoning district regulations.
(b)
Restricted uses and North Barrier Island Corridor special regulations:
1.
Within the plan area, vehicle bays or stalls such as those associated with vehicle repair and car wash uses are allowed IF such bays or stalls are oriented and screened from view of SR A-1-A and CR 510 by provision of a Type "B" buffer with four-foot opaque feature.
2.
Real estate signs: Real estate signs are allowed as authorized in the county sign ordinance (Chapter 956). However, no real estate sign shall remain on display for more than fifteen (15) days after the date of closing.
3.
Special buffer for multi-family, planned development, and subdivision projects: Multi-family, planned development, and subdivision projects shall provide the CR 510 and SR A-1-A landscape buffer (as specified herein) with a six-foot opaque feature. Where a wall or fence is used, such wall or fence shall be located within the middle one-third ( 1/3 ) of the buffer strip's width (measured perpendicular to CR 510 and A-1-A), and landscaping material shall be planted on each side of the wall or fence.
4.
Canopy fascia restrictions: Any canopy (such as for a gas station, car wash, or drive through facility) that is wholly or partially within seventy-five (75) feet of the CR 510 or SR A-1-A road right-of-way shall meet the following requirements concerning maximum fascia height (this pertains to all fascia on the above described canopy, including any canopy facia that continues beyond the seventy-five-foot limit):
Roof Slope
Distance
Maximum
Facia Height
Less than 10 feet 8 inches 10 to 20 feet 12 inches Greater than 20 feet 16 inches 5.
Fiberglass and asphalt shingles: Fiberglass and asphalt shingles (except in residentially designated areas) are prohibited on any roof which is visible from any roadway and/or residentially designated area, unless such shingles are an upgraded shingle designed to imitate something other than asphalt or fiberglass (e.g. shake or tile). Such imitations may be approved by the planning and zoning, after a recommendation from the on-going review committee, if the following criteria are satisfied:
a.
The product shall appear authentic from the closest distance that it will be viewed by the general public.
b.
The product shall be substantial. Thin flimsy imitations are unacceptable.
c.
The product shall hold up as well as the product it is imitating. That is, it must be fabricated in such a way that it will retain its original shape, appearance, and color, as well as the product it is imitating.
d.
The product's color shall resemble the color of the product it is imitating.
6.
Project entry features: Project entry features such as walls and archways shall be limited to a maximum height of eight (8) feet above the project grade. In addition, where a wall or archway is proposed, foundation plantings shall be provided on the CR 510 and SR A-1-A sides of such wall or archway, as specified herein for commercial buildings up to twelve (12) feet high. Said foundation plantings shall be credited toward satisfying any required CR 510 and SR A-1-A landscape buffer. Project entry features such as guardhouses which have sloped roofs are allowed if located no closer than one hundred twenty-five (125) feet from the centerline of CR 510 and/or SR A-1-A and are no taller than twenty (20) feet above grade at the top of the highest roof element.
(c)
Exemptions.
1.
Electrical substations and similar uses that prohibit access by the public onto the site may be exempted from architectural/building requirements, if the exempted building(s) and equipment will be visually screened from adjacent properties and roadways.
2.
Historic buildings and resources: In accordance with future land use element objective 8 and LDR Chapter 933, historic buildings and resources identified in the "Historic Properties Survey of Indian River County, Florida," and located within the North Barrier Island Corridor are exempt from special North Barrier Island Corridor Plan requirements to the extent that applying the special corridor requirements would:
a.
Conflict with the preservation or restoration of a historic building or resource; or
b.
Threaten or destroy the historical significance of an identified historic building or resource.
Said exemption shall be reviewed by and be granted by the planning and zoning commission upon receiving a recommendation from staff.
3.
Individual single-family homes and uses and structures accessory to individual single-family homes shall be exempt from the North Barrier Island Corridor special regulations.
(d)
Special sign regulations.
(1)
Scope: These special regulations consist of additional requirements above and beyond the county sign ordinance and shall supersede any less restrictive provisions found in the sign ordinance. All signs shall comply with the requirements of the sign ordinance except as modified by these special sign regulations.
(2)
Approval for change of sign design required: Any exterior change to North Barrier Island Corridor signage which was originally required to comply with these special sign regulations shall require review and approval by the community development department. Such changes shall include, but not be limited to, changes of: sign area (square footage), sign copy area (square footage), height, shape, style, location, colors, materials, or method of illumination. Routine maintenance and replacement of materials which do not affect the approved design shall be exempt from this review and approval. Changes to signs not originally required to comply with these special sign regulations are addressed in the "nonconforming signs" section of these regulations.
(3)
Prohibited signs (this is in addition to sign ordinance section 956.12 prohibitions): The following are prohibited:
Prohibited signs:
a.
Lights or illuminations that flash, move, rotate, scintillate, blink, flicker, or vary in intensity or color. Public signs permitted pursuant to sign ordinance section 956.11(2)(b) are excluded from this prohibition and are allowed.
b.
Electronic message boards and message centers, electronic adjustable alternation displays, or any sign that automatically displays words; numerals, and or characters in a programmed manner. Traffic regulatory and directional signs permitted pursuant to sign ordinance section 956.11(2)(b) are excluded from this prohibition and are allowed.
c.
Portable or trailer style changeable copy signs.
d.
Signs with the optical illusion of movement by means of a design that presents a pattern capable of giving the illusion of motion or changing of copy.
e.
Strings of light bulbs used on non-residential structures for commercial purposes, other than traditional holiday decorations at the appropriate time of the year.
f.
Signs that emit audible sound, odor, or visible matter, such as smoke or steam.
g.
Plastic or glass sign faces (including but not limited to: acrylic, Lexan®, or Plexiglas®). High density polyurethane and PVC are exempt from this prohibition. Portions of a sign which are changeable copy are exempt from this prohibition. When used in conjunction with cut-out or routered metal cabinets, plastic used only for copy or logos is exempt from this prohibition. Plastic used for illuminated individual channel letters or logos is exempt from this prohibition. Although highly discouraged, a plastic sign face will be allowed only when all of the following requirements are met for the plastic portions of a sign:
i.
Plastic shall be pan formed faced (embossed and/or debossed copy and logos are encouraged).
ii.
Regardless of the opaqueness of a sign, all plastic signage backgrounds shall be a dark color to reduce light transmission from signage background); white background shall not be allowed. All signage background colors shall be limited to those colors with a formula having a minimum black content of eleven (11) percent, and a maximum white content of forty-nine (49). Color formulas will be based on the Pantone Matching System®.
iii.
All color must be applied on the "second surface" (inside face of plastic).
iv.
Nothing shall be applied to the "first surface" (outside face of plastic) (i.e.: paint, vinyl, etc.,)
h.
Neon and similar tube, fiber optic, and intense linear lighting systems, where the neon or lighting tube or fiber is visible.
i.
Plywood used for permanent signs.
j.
Any material used in such a manner for a permanent sign that results in a flat sign without dimension, having a semblance to a "plywood or temporary looking sign."
k.
Installation of an additional sign (or signs) that does not harmonize with the design or materials of the initial sign, such as:
i.
Rear illuminated plastic faced sign with a "wood look" front illuminated sign.
ii.
Combination of signs with cabinets, faces or structure of awkwardly different materials or proportions.
iii.
Attachment or mounting of signs where mounting hardware is left exposed.
iv.
Signs with different color cabinets, frames, or structure.
l.
Individual styrofoam, plastic or wood letters or the like exceeding four (4) inches in height for use on any permanent monument, freestanding, roof, wall, or facade signs. This prohibition does not apply to illuminated individual metal channel letters or the plastic letter typically used for changeable copy signs.
(4)
Signs that are encouraged:
a.
Shaped and fashioned "wood look" multi level signs (i.e.; sand blasted or carved), and signs having durable sign cabinet material such as high density polyurethane and PVC, rather than actual wood or MDO.
b.
Internally illuminated aluminum cabinet with textured finish, and cutout inset or push through acrylic letters. (Note that color may be applied to the "first surface" on push through acrylic letters for this type of sign.)
c.
Backlit reverse pan channel letters (opaque faced) mounted on sign that is harmonious with the project's architecture.
d.
Signage that relates to the building's style of architecture and materials.
e.
Thematic signage.
f.
Changeable copy signs that have a dark opaque background with translucent lettering.
(5)
Reduction in sign sizes and dimensions; modifications to Table 1 (freestanding signs) and Table 2 (wall signs), schedule of regulations for permanent signs requiring permits, Chapter 956 sign ordinance.
a.
Freestanding signs:
i.
Maximum cumulative signage: Reduce to fifty (50) percent of what is allowed in Table 1.
ii.
Maximum signage on a single face: Reduce to fifty (50) percent of what is allowed in Table 1.
iii.
Maximum height: Reduce to thirty (30) percent of what is allowed in Table 1, but no less than six (6) feet and no greater than ten (10) feet.
iv.
For development involving sites of forty (40) acres or more, the ten (10) foot sign height requirement may be waived by the board of county commissioners if the development project applicant prepares and the board of county commissioners approves a sign package that reduces the total sign area otherwise allowed under the corridor plan and sign ordinance by ten (10) percent or more. Out parcels on larger sites shall comply with the six (6) feet to ten (10) foot height limitations specified above.
v.
Required setbacks from property lines or right-of-way: One (1) foot subject to satisfaction of sight distance requirements.
vi.
Number of allowable signs per street frontage: No waivers shall be approved that would reduce the required minimum of two hundred (200) feet of separation between signs along the same street frontage found in Footnote #2 of Table 1 of the sign ordinance. (See Figure F-1 at the end of Section 911.18)
b.
Wall/facade signs.
i.
Maximum sign area allowed: Reduce to fifty (50) percent of what is allowed in Table 2.
(6)
Colors:
a.
The following colors are encouraged for signage:
i.
Use of earth-tone colors and pastels.
ii.
Darker backgrounds with light color sign copy.
iii.
Use of colors that match or are compatible with the project's architecture.
iv.
Colors such as medium or dark bronze are acceptable and encouraged. Polished or weathered true bronze, brass, or copper metal finishes are acceptable and encouraged. Precious metal colors are allowed on sand blasted or carved "wood look" style signs.
b.
The following colors are prohibited for signage:
i.
The use of shiny or bright metallic or mill finish colors (i.e.; gold, silver, bronze, chrome, aluminum, stainless steel, etc.).
ii.
The use of garish colors, such as fluorescent.
iii.
The use of black for signage background. Changeable copy signage is excluded from this prohibition.
(7)
Multi-tenant spaces: Applicants of proposed multi-tenant projects, such as shopping centers, out parcels, industrial complexes and parks, and office complexes and parks, shall submit a sign program for review and approval. This sign program shall identify the coordination and consistency of design, colors, materials, illumination, and locations of signage. In a multi-tenant project where no established pattern, as described above exists, the owner of the multi-tenant project shall submit a sign program for approval prior to issuance of any new sign permits for a tenant space.
(8)
Design criteria and additional restrictions:
a.
Freestanding signage:
i.
All freestanding signs shall be of a wide-based monument style. Pole signs are discouraged, but may be permitted when the supporting structures are completely screened from view with landscaping or berm features. Said landscaping and/or berming shall cover and screen the entire area beneath the sign at time of certificate of occupancy (C.O.) issuance, and thereafter.
ii.
Any freestanding signs constructed from flat panel material, such as high density polyurethane, MDO, sheet metal, or the like, shall have a distance of no less than eight (8) inches from face to face, and shall be enclosed on all sides to cover the internal frame.
b.
Freestanding changeable copy signs:
i.
Where a freestanding changeable copy sign is allowed, no more than eighty (80) percent of the sign face area shall be comprised of changeable copy area.
c.
Wall/facade signage:
i.
The maximum vertical dimension of a facade or wall sign shall not exceed twenty-five (25) percent of the building height.
ii.
Awnings with lettering shall be considered wall signs. Where lettering is used on an awning, the area of lettering shall be included in the percentage limitation of a project's sign area.
iii.
Lettering, logos, and trim colors on canopy facia shall be considered a wall sign and shall be limited to thirty-three (33) percent of the facia area of any one elevation. Internally illuminated signs shall not be placed on a canopy structure, and no sign shall be placed above the facia on a canopy structure.
iv.
Wall signs (facade signs) are prohibited on roofs with a slope less than 20:12 (rise:run) pitch. Wall signs mounted on a roof shall be enclosed on all sides to cover the internal frame and its connection to the roof. Also see IRC LDR's Section 956.12(1)(o).
d.
Changeable copy wall signs for theaters:
i.
Theaters may utilize up to eighty (80) percent of actual sign area for display of names of films, plays or other performances currently showing.
e.
Illumination:
i.
All external flood sign illumination shall be mounted at grade, directly in front of the sign area. Light source shall be completely shielded from oncoming motorist's view.
(9)
Window signs: "Window signs" shall include permanently affixed window signs, temporary window signs, and any signs or displays located within three (3) feet of the window, door, or storefront. Window signs shall not exceed ten (10) percent of the window storefront area (window panes and framing) per store or business, and in no case shall exceed fifty (50) square feet per store or business. Street address numbers and lettering, and flyers or posters related to not for profit events and organizations, shall not count as window signage. "Open," "closed," hours of operations and identification window signage totaling up to four (4) square feet shall not count as window signage.
(10)
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 North Barrier Island Corridor Plan maximum height requirements for a freestanding sign, and monument style for a freestanding sign.
a.
Nonconforming signs are subject to the following:
i.
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 and if there is no change of use of the site. Also, change of tenancy or ownership shall not affect the status of a non-conforming sign that serves multiple tenants.
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 North Barrier Island 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.
b.
Except as specified below, nonconforming freestanding signs shall be brought into conformity with the requirements of a "compatible freestanding sign" on or before September 1, 2005. If a property owner documents to the community development director that the cost of lowering a nonconformity sign to a conforming height would exceed fifty (50) percent of the cost to replace the sign, and the building official verifies the appropriateness of the estimated replacement cost, then the sign shall not need to be made a "compatible freestanding sign." However, when such an exemption applies, the property owner shall provide landscaping around the base or support structures of such a sign to visually screen the pole, subject to sight distance requirements, as approved by the community development director.
(11)
Architectural/building standards.
(1)
Prohibited architectural styles: The following are prohibited:
a.
Corporate signature or commercial prototype architecture, unless such is consistent with these special corridor requirements, Examples of such prohibited architecture include flat roofed convenience stores, gas stations, and canopies for gas stations, car washes, and drive through facilities (see Figure F-3 at the end of Section 911.18).
b.
Any kitsch architecture (such as a building that does not resemble a typical structure), including: structures or elements that resemble an exaggerated plant, fish, edible food, or other such items such as giant oranges, ice cream cones, dinosaurs.
c.
Any architecture having a historical reference that is so different from current design philosophy that such reference is inconsistent and/or incompatible with surrounding structures. Examples of such include: igloos, domes or geodesic domes, Quonset style structures, teepees, western "false fronts," medieval castles, caves, and the like.
(2)
Architectural/building exemptions and special requirements:
a.
Electrical substations and similar uses: Electrical substations and similar uses that prohibit access by the public into the site may be exempted from all architectural/building requirements by the community development director if the exempted building(s) and equipment will be visually screened from adjacent properties and roadways.
b.
Historic buildings and resources: In accordance with Future Land Use Element objective 8 and LDR Chapter 933, historic buildings and resources identified in the "Historic Properties Survey of Indian River County, Florida", or identified by the Historic Resources Advisory Committee, and located within the Wabasso corridor are exempt from special Wabasso Corridor Plan requirements to the extent that applying the special corridor plan requirements would:
1.
Conflict with the preservation or restoration of a historic building or resource, or
2.
Threaten or destroy the historical significance of an identified historic building or resource.
Said exemption shall be reviewed by and may be granted by the planning and zoning commission upon receiving a recommendation from staff and the historic resources advisory committee.
(3)
General design criteria:
a.
Buildings with facades fronting on more than one (1) street shall have similar design considerations (e.g. exterior finish, roof treatment, building articulation, entrance features, and window placement) and consistent detailing on all street frontages.
b.
General prohibitions and restrictions:
i.
Flat, blank, unarticulated, or massive facades fronting on a roadway, exclusive access drive or residentially designated area are prohibited. Facades fronting such roads, drives, or areas shall be designed to incorporate architectural elements providing breaks in the planes of exterior walls and/or roofs to articulate the building and to lessen the appearance of excessive mass. Facades should incorporate elements relating to human scale, and can be divided by use of: proportional expression of structure, openings, arcades, canopies, fenestration, changes in materials, cornice details, molding details, changes in the heights of different sections of the building, and the like (stepping or sloping of a parapet wall in conjunction with a low sloped roof is prohibited). Flat, blank, unarticulated, or massive facades will be permitted on the sides and rear of a building where "blank facade foundation plantings" are provided for such building facade faces (see foundation plantings section for requirements).
ii.
The following materials or systems are prohibited as a finish and/or exposed product: corrugated or ribbed metal panels, smooth finish concrete block (standard concrete masonry units), precast concrete tee systems, plywood or textured plywood. Plywood shall be allowed for soffit material.
iii.
Plastic or metal is prohibited as a finish material for walls or trim. Plastic is prohibited as a finish material for sloped roofs, visible roof structures, and facias. Although prohibited in general, certain metal and plastic construction products may be approved by the planning and zoning commission, upon a written request and product sample submitted by the applicant. The planning and zoning commission may approve use of the material if the following criteria are satisfied:
•The product shall appear authentic from the closest distance that it will be viewed by the general public.
•The product shall be substantial. Thin and flimsy imitations are unacceptable.
•The product shall hold up as well as the product it is imitating. That is, it must be fabricated in such a way that it will retain its original shape, appearance, and color, as well as the product it is imitating.
•The product's color shall resemble the color of the product it is imitating.
iv.
Any exposed masonry in a stack bond is prohibited.
v.
Lighting structures or strip lighting that follows the form of the building, parts of the building, or building elements is prohibited.
vi.
Neon and similar tube and fiber optic lighting and similar linear lighting systems, where the neon or lighting tube or fiber is visible, is prohibited (this restriction includes site signage).
vii.
Backlit transparent or translucent architectural elements, backlit architectural elements, as well as illuminated or backlit awnings and roof mounted elements are prohibited. This does not prohibit the use of glass blocks. This does not prohibit the use of an illuminated sign attached to a building.
viii.
Facades that appear to be primarily awnings are prohibited. An awning shall not run continuously for more than thirty (30) percent of the length of any single facade, Gaps between awning segments shall be at least twenty-four (24) inches wide. Placement of awning segments shall relate to building features (e.g. doorways and windows), where possible. Awnings shall not exceed twenty-five (25) percent of the area of any single facade.
ix.
Drive-up windows shall not be located on a building facade that faces a residential area or a roadway unless architecturally integrated into the building and screened by landscaping equivalent to the material in a local road buffer that runs the length of the drive-through lane and its speakers shall be oriented so as not to project sound toward residential areas.
x.
Accessory structures, including sheds, out buildings, dumpster enclosures, and screening structures, shall match the style, finish, and color of the site's main building. Metal utility sheds and temporary car canopies are prohibited.
(12)
Roofs: All buildings and accessory structures within the plan area shall have sloped roofs (slope pitch at least 4:12) visible from every direction, unless a visible flat roof, parapet roof, or other such roof design is determined by the community development director or his designee to be an integral feature of a recognized architectural style.
1.
Sloped roofs, including mansards, shall have a minimum vertical rise of six (6) feet (not including fascia). Where flat roofs are allowed by the community development director or his designee, buildings and accessory structures may have flat roof systems where flat roof areas are not visible at six (6) feet above grade from all directions.
2.
The ridge or plane of a roof (or visible roof structure) that runs parallel (or slightly parallel) with a roadway shall not run continuous for more than one hundred (100) feet without offsetting or jogging (vertically or horizontally) the roof ridge or plane a minimum of sixteen (16) inches (see Figure B-2 at the end of Section 911.19). Low slope roofs and parapet walls allowed by the community development director or his designee are excluded from this requirement.
3.
Roofing materials are prohibited for use as a finish material on parapets or any surface with a slope greater than 30:12 (rise:run), up to and including vertical surfaces. This pertains only to those surfaces visible from adjacent property, exclusive access drives or roadways.
(See Figures F-2 and F-3 at the end of section 911.18)
(e)
Colors and building graphics.
(1)
The following building graphics are prohibited: polka dots, circles, vertical stripes, diagonal stripes or lines, plaids, animals, and symbols such as lightning bolts. However, legally registered trademarks which directly relate to the building occupant (not trademarks of products or services sold or displayed) are allowed, subject to applicable sign and color regulations.
(2)
Color standards. All buildings and accessory structures within the North Barrier Island Corridor shall be limited to the following colors:
a.
Base building colors: Base building colors relate to wall and parapet wall areas and shall be limited to the colors listed in the North Barrier Island Corridor Master Color List. These colors consist of white and light neutral colors in the warm range.
b.
Secondary building colors: Secondary building colors relate to larger trim areas and shall be limited to the colors listed in the North Barrier Island Corridor Master Color List. Secondary building colors shall not exceed thirty (30) percent of the surface area of any one building facade elevation. These colors consist of a mid-range intensity of the base building colors and complimentary colors, and include all base building colors.
c.
Trim colors: Trim colors are used for accent of smaller trim areas, are the brightest group of colors allowed, and include all base building and secondary building colors. Use of metallic colors (i.e.: gold, silver, bronze, chrome, etc) and use of garish colors, such as fluorescent colors (e.g. hot pink, shocking yellow), are prohibited. Trim colors shall not exceed ten (10) percent of the surface area of any one building facade elevation. Where trim colors are used in a building facade sign, the trim color area of the facade sign shall be included in the percentage limitation on the trim color surface area.
d.
Roof colors (requirements for roofs that are visible from a roadway and/or residentially designated area): Metal roof colors shall be limited to the colors listed in the North Barrier Island Corridor Master Color List's "Metal Roof Colors", which is the same as for the SR 60 Corridor. These colors consist of natural mill finish, white, light neutral colors in the warm range, blue, and a limited number of earth-tone colors. Mixing or alternating colors of metal panels is prohibited. For non-metal roofs, other than natural variations in color or color blends within a tile, the mixing or alternating of roof color in the same roof material is prohibited. Colors and color blends shall not be contrary to the intent of this Code. Color for roofing which is glazed, slurry coated, or artificially colored on the surface by any other means shall be limited to the same colors as approved for metal roofs.
e.
Natural finish materials: The color requirements listed above shall not apply to the colors of true natural finish materials such as brick, stone, terra cotta, concrete roof tiles, slate, integrally colored concrete masonry units, copper, and wood. Colors commonly found in natural materials are acceptable, unless such material has been artificially colored in a manner which would be contrary to the intent of these requirements. Black, gray, blue, or extremely dark colors for brick, concrete masonry units, roofing, wood or stone is prohibited. (This provision shall not prohibit the use of colors for natural finish roofing materials that match those colors approved for metal roofs.)
f.
Awning colors: Awning colors may include base building colors and/or secondary building colors and/or trim colors. However, secondary building colors and trim color area used for awnings shall be included in the percentage limitation on the secondary building color and trim color surface area of a facade.
(3)
The North Barrier Island Corridor Master Color List and the approved color board are the same as for the SR 60 Corridor Plan and the Wabasso Corridor Plan, and shall be maintained by and made available by planning staff. The list can be mailed or faxed upon request.
(f)
Special screening and lighting: Within the plan area, mechanical equipment (ground, building, and roof mounted), including air conditioning units, pumps, meters, walk-in coolers, and similar equipment shall be visually screened from surrounding properties and roadways using architectural features, fencing, walls, or landscaping.
In addition to required landscaping, all loading/unloading docking areas located adjacent to residentially designated areas and/or roadways shall be provided with a solid wall at least eight (8) feet in height above the loading area grade to buffer adjacent roadways and residential sites from noises and sights associated with docks.
Manmade opaque screens which are visible from any public or private right-of-way or street, or any residentially designated area, shall be constructed of a material which is architecturally similar in design, color and finish to the principal structure.
1.
Screening.
i.
All telephones, vending machines, or any facility dispensing merchandise or a service on private property shall be confined to a space built into the building or buildings, or enclosed in a separate structure compatible with the main building's architecture. These areas are to be designed with the safety of the user in mind. Public phones and ATMs should have twenty-four-hour access.
ii.
No advertising will be allowed on any exposed amenity or facility such as benches or trash containers.
iii.
Screening of chain link fencing. Where chain link or similar fencing is allowed to be used (e.g. around stormwater ponds), such fencing shall be green or black and shall be located and landscaped so as to visually screen the fencing from public view.
2.
Lighting. The use of thematic and decorative site lighting is encouraged. Low lights of a modest scale can be used along with feature lighting that emphasizes plants, trees, entrances, and exits. Light bollards are encouraged along pedestrian paths. The color of the light sources (lamp) should be consistent throughout the project. Color of site lighting luminaries, poles, and the like shall be limited to dark bronze, black, or dark green (decorative fixtures attached to buildings are exempt from fixture color requirement). Lighting is not be used as a form of advertising or in a manner that draws considerably more attention to the building or grounds at night than in the day. Site lighting shall be designed to direct light into the property. It is to avoid any annoyance to the neighbors from brightness or glare.
i.
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 poles higher than eighteen (18) feet above parking lot grade and under canopies shall be directed perpendicular to the ground. Approved lighting shall shield lighting from roadway, parking, residential, and conservation areas. 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.
(See Figures F-12 and F-13 at the end of section 911.19)
(g)
CR 510 and SR A-1-A landscape buffer: Refer to Section 926.09 for roadway landscape requirements.
(See Figures F-4 and F-5 at the end of section 911.18 and apply to CR 510 and SR A-1-A)
(h)
Landscape buffer along other streets in the corridor: Refer to Section 926.09 for roadway landscape requirements.
(i)
Landscape buffer along commercial/residential border: Within the corridor, where compatibility bufferyards are required by Chapter 911 regulations, two (2) additional understory trees per thirty (30) lineal feet of required buffer strip shall be provided.
(j)
Foundation plantings: Foundation plantings shall be required as stated below for non-residential buildings.
_____1.
Along the front, sides and rear of buildings, the following foundation planting landscape strips shall be provided in accordance with the building height:
Building Height Foundation Planting Strip Depth Up to 12′ high 5′ average, 3′ minimum dimension 12′ to 25′ high 10′ average, 6′ minimum dimension Over 25′ high 15′ average, 10′ minimum dimension Depth shall be measured perpendicular to the building, from the foundation outward. Consistent with the requirements below, greater depths may be required where canopy, palm, and understory trees are planted within the foundation planting strip.
2.
At planting, the minimum separation distance from building facades or walls shall be seven (7) feet to canopy trees and five (5) feet to understory trees and palms. At planting, the minimum separation distance from sidewalks shall be six (6) feet to canopy trees and three (3) feet to understory trees and palms, and shall be three (3) feet from parking spaces to canopy trees, understory trees, and palms. Separation distances shall be measured from the trunk to the nearest building, wall, sidewalk, or parking space.
a.
Exception: narrow, upright canopy tree species, such as varieties of cypress and holly, may be located the same distance from buildings, walls, and sidewalks as understory trees and palms.
b.
Where a magnolia or other canopy tree (not including a narrow species such as a cypress or holly) is used in a foundation planting area, the planting area shall have a minimum depth of ten (10) feet measured from the building.
3.
Within such foundation planting landscape strips, the following landscaping shall be provided:
a.
Forty (40) percent of the foundation perimeter (excluding entrance ways and overhead doors) along all building faces shall be landscaped, as follows:
*For buildings up to 12′ in height Minimum planting area depth: 3′ minimum (average 5′) Minimum plant material required: *1 palm tree or appropriate canopy tree for every 100 square feet of required foundation planting area. Where an appropriate canopy tree (conventional or narrow species) is used, the canopy tree may count for 2 palms. *1 understory tree (or two 42″ non-native/36″ native shrubs) for every 300 square feet of required planting area. *1.5 shrubs (minimum shrub height 12″) for every 10 square feet of required planting area. *Ground cover, flowering plants or sod in the remaining planting area; sod shall be limited to 30% of the required planting area. *For buildings of 12′ to 25′ in height Minimum planting area depth: 6′ minimum (average 10′) Minimum planting material required: *1 canopy tree (including palms credited as canopy trees) for every 150 square feet of required foundation planting area. *1 understory tree (or two 42″ non-native/36″ native shrubs) for every 300 square feet of required planting area. *1.5 shrubs for every 10 square feet of required planting area *Ground cover, flowering plants or sod in the remaining planting area; sod shall be limited to 30% of the required planting area. *For buildings over 25′ in height Minimum planting area depth: 10′ minimum (15′ average) Minimum planting material required: *1 canopy tree (including palms credited as canopy trees) for every 150 square feet of required foundation planting area. Palms shall have an average clear trunk of 14 feet or greater. *1 understory tree (or two 42″ non-native/36″ native shrubs) for every 300 square feet of required planting area. *1.5 shrubs for every 10 square feet of required planting area *Ground cover, flowering plants or sod in the remaining planting area; sod shall be limited to 30% of the required planting area. b.
The following modifications are allowed upon approval from the community development director or his designee:
1.
Foundation planting strips may be located away from buildings to adjacent, nearby areas to avoid conflicts with architectural features (e.g., roof overhangs, awnings), driveways, and vehicular areas serving drive-up windows.
2.
The depth of foundation planting strips may be modified if the overall minimum area covered by the proposed foundation plantings meets or exceeds the area encompassed by a typical layout.
3.
Foundation planting areas may be concentrated in one (1) or more areas of the building perimeter, if warranted based upon site constraints or building and site design characteristics. Planting areas shall be provided where the building is most visible from adjacent roadways and on-site areas used by the public.
(k)
Increased foundation plantings for "blank facade" building faces. As referenced in the architectural/building standards section of this plan, "blank facade" building faces that are unarticulated are allowed if foundation plantings are provided as specified above with a one hundred (100) percent increase (doubling) in required plant material quantities (as specified above).
(See Figure F-7 through F-10 at the end of section 911.19)
(1)
Landscape planting theme requirements: All property adjacent to CR 510 within the corridor has been placed into one of two (2) landscaping theme categories. There are no specific landscape theme categories along SR A-1-A. Within each CR 510 theme category, required landscape plantings shall be limited to certain species, as specified below, with the exception that sod, annuals, or hardscape may be used in groundcover areas.
1.
Formal Palm theme: CR 510 between the west shore of the Indian River Lagoon and the eastern foot of the bridge:
Street tree: (Canopy, Min. 8-foot clear trunk) Washington robusta Washington Palm Supporting shade tree: (Canopy, Min. 12- to 14-foot height by 6-foot spread) Quercus virginiana Live Oak Accent trees: (Understory, Min. 8-foot height by 4- to 6-foot spread) Ligustrum lucidum Tree Ligustrum Nerium oleander Oleander tree Myrica cerifera Wax Myrtle Shrubs: (Min. 24-inch height) Nerium oleander Oleander Myrica cerifera Wax Myrtle Ligustrum lucidum Ligustrum Viburnum suspensum Sandankwa Viburnum Coccoloba uvifera Seagrape Livistona chinensis Chinese Fan Palm Groundcover: (Min. 10- to 12-inch height) Raphiolepis indica Indian Hawthorn Ilex vomitoria Yaupon Holly Liriope muscari "Evergreen Giant" Evergreen Giant Liriope Pittosporum tobira "variegata" Variegated Pittosporum Pittosporum tobira Green Pittosporum Ixora "Nora Grant" Nora Grant Ixora Carissa grandiflora Natal Plum 2.
Informal Palm theme: SR A1A/CR 510 intersection west to the eastern foot of the bridge:
Street trees: (Canopy, 10- to 16-foot clear trunk) Washingtonia robusta Washington Palm Sabal palmetto Cabbage Palm Supporting shade tree: (Canopy, 12- to 14-foot height) Quercus virginiana Live Oak Accent trees: (Understory, Min. 8-foot height by 4- to 6-foot spread) Nerium oleander Oleander Tree Myrica cerifera Wax Myrtle Ligustrum lucidum Tree Ligustrum Shrubs: (Min. 24-inch height) Scaevola Inkberry Nerium oleander Oleander Elaeagnus Silverthorn Myrica cerifera Wax Myrtle Ligustrum lucidum Tree Ligustrum Viburnum suspensum Sandankwa Viburnum Tripsacum dactyloides Fakahatchee Grass Coccoloba uvifera Seagrape Groundcover: (Min. 10- to 12-inch height) Lantana Lantana Liriope muscari "Evergreen Giant" Evergreen Giant Liriope Carissa grandiflora Natal Plum Pittosporum tobira "variegata" Variegated Pittosporum Ilex vomitoria Yaupon Holly Raphiolepis indica Indian Hawthorn (4)
No protected trees shall be removed unless it is absolutely necessary to accommodate a proposed site plan.
(5)
Special regulations for administrative approval, minor site plan projects. In the North Barrier Island Corridor plan area, non-residential and mixed use development and re-development that requires administrative approval or minor site plan approval shall comply with the previously described special regulations for new major development, within the administrative approval or minor site plan project's area of development/redevelopment. The project's area of development/redevelopment is the area of the site containing buildings, additions, structures, facilities or improvements proposed by the applicant or required to serve those items proposed by the applicant. As an example, a small building addition that requires additional parking spaces would result in a project area of development/redevelopment that includes the addition and the parking lot addition and adjacent required landscape areas.
(6)
Nonconformities. Within the North Barrier Island Corridor Plan area, legally established existing development and uses that do not comply with these special regulations are grandfathered-in under the countywide nonconformities regulations of LDR Chapter 904. All nonconforming uses and structures are governed by the LDR Chapter 904 regulations.
In addition, within the North Barrier Island corridor plan area the following non-conformities regulations shall apply:
(a)
Nonconforming property: It is the intent of this chapter to allow nonconforming properties to continue, but also to encourage their conformity to what shall be referred to as a "compatible property." A "compatible property" shall be considered in compliance with the intent of the North Barrier Island Corridor special regulations. For the purposes of the North Barrier Island Corridor special regulations, "compatible property" is defined as any property with improvements permitted prior to adoption of these special regulations that conform to the CR 510 and SR A-1-A and landscape buffer, color, and signage requirements of these special regulations.
(b)
Continuance of nonconforming property: A nonconforming property may be continued, subject to the following provisions:
1.
Use of nonconforming structures abandoned for a period of twelve (12) or more consecutive months (cross-reference LDR section 904.08) located on a nonconforming property shall not be permitted until the property is brought into compliance with the requirements of a compatible property.
2.
Except as otherwise provided herein, there may be a change of tenancy or ownership of a nonconforming property, without the loss of nonconforming status, if use of the nonconforming structures is not abandoned for a period of twelve (12) or more consecutive months.
3.
Colors of a structure located on a nonconforming property shall not be changed from those existing at the time of the adoption of these special regulations, unless the new, to-be-painted colors comply with the North Barrier Island Corridor Plan special color regulations.
4.
Projects on nonconforming properties requiring a building permit (excluding permits for roofs or minor repairs or improvements required by law) shall be required to bring the property into compliance as a "compatible property."
5.
A structure located on a nonconforming property shall not be enlarged or increased in any way from its lawful size at the time of the adoption of these special regulations. Where such changes are made, a building permit and compliance with the requirements of a "compatible property" are required for the enlargement or addition.
(7)
Variances.
(a)
Variances from these special corridor regulations shall be processed pursuant to the procedures and timeframes of F.S. § 70.001. The planning and zoning commission shall recommend variances to the board of county commissioners for final action.
(b)
The planning and zoning commission is authorized to propose settlements of claims under F.S. ch. 70, through any means set out in § 70.001(4)(c).
(c)
Criteria. The planning and zoning commission shall not approve a variance or other proposal for relief unless to finds the following:
1.
The corridor regulation directly restricts or limits the use of real property such that the property owner is permanently unable to attain the reasonable, investment backed expectation for the existing use of the real property or a vested right to a specific use of the real property with respect to the real property as a whole; or
2.
That the property owner is left with existing or vested uses that are unreasonable such that the property owner bears permanently a disproportionate share of a burden imposed for the good of the public, which in fairness should be borne by the public at large; and
3.
The relief granted protects the public interest served by the regulations at issue and is the appropriate relief necessary to prevent the corridor regulations from inordinately burdening the real property.
(8)
Public sector development guidelines. The following design enhancements are guidelines that shall be considered in the design of roadway projects and other public sector improvements within the CR 510 and SR A-1-A right-of-way:
1.
Providing irrigation coverage within medians and interchanges, and along roadway edges.
2.
Providing curbed medians and roadway edges in a manner that allows for planting and maintaining more substantive landscaping materials such as canopy trees.
3.
Providing a separated "recreational path" system (used by pedestrians and bicyclists) that meanders along the corridor and is integrated into the pedestrian systems of individual sites.
4.
Planting live oaks, cabbage palms, washingtonian palms, pines, crepe myrtles, wax myrtles and other canopy and understory trees found or used within the corridor. No symmetrical arrangement of material is required.
5.
Providing landscaping, berming and other features that are consistent with line of sight guidelines to signify and enhance the appearance of intersections, access points, medians, and traffic island and separators.
6.
Providing lighting for streets and the separated recreational pedestrian path system with lighting structures that blend in with the surroundings or complement the built environment.
7.
Using dark colors for support poles and structures used for such things as lighting, traffic signals, utilities, and signs, so that such structures do not "stand out" but blend into the surroundings.
8.
Minimizing the number of poles and support structures by eliminating redundant signs and co-locating signs, street lighting, and other structures supported by poles.
9.
Providing pavers and special surface treatments to accent landscape areas, intersections access points, medians, traffic islands and separators, and crosswalks.
10.
Eliminating or reducing overhead transmission and service lines and poles.
(Ord. No. 2001-003, § 1, 3-20-01; Ord. No. 2007-012, § 1, 3-20-07; Ord. No. 2010-008, § 3, 3-23-10; Ord. No. 2010-09, §§ 7, 8, 5-4-10)