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BCC Minutes 11/04/2002 W (LDC Amendments re: Interpretations, Non-Conformities; and Regulations)November 4, 2002 TRANSCRIPT OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS LAND DEVELOPMENT CODE WORKSHOP Naples, FL, November 4, 2002 LET IT BE REMEMBERED, that the Board of County Commissioners, in and for the County of Collier, having conducted business herein, met on this date at 9:00 am in Building "F" of the Government Complex, East Naples, Florida, with the following members present: Board Members: Jim Coletta Donna Fiala Tom Henning Fred Coyle James D. Carter County Staff: Jim Schmitt, Jim Mudd, Leo Ochs, Marjorie Student, Susan Murray, Michele Arnold Page 1 AGENDA BCC WORKSHOP -NOVEMBER 4, 2002, 9:00 A.M. - 12:00 P.M. TIME +/- 20 MINUTES +/- 30 MINUTES 10 minute Break +/- 60 MINUTES +/- 30 MINUTES TOPIC 1. Division 1.6 Interpretations 2. Division 1.8, Non-conformities 3. Division 2.6 Supplemental District Regulations 4. Public Comments Board of County Commissioners Land Development Code Workshop County Commission Boardroom Building "F", 3rd Floor 3301 Tamiami Trail Naples, Florida 9:00 AM November 4, 2002 MINUTES November 4, 2002 -The meeting was called to order at 9:10am. I. Attendance: Board Members: Jim Coletta, Donna Fiala, Tom Henning, Fred Coyle, James D. Carter County Staff: Jim Schmitt, Jim Mudd, Leo Ochs, Marjorie Student, Susan Murray, Michele Arnold II. Presentation of the Land Development Code Amendments -Mr. Mudd explained that Joe Schmitt will create an execution matrix and review the abandoned building codes at the next meeting. -Donna Fiala stated she was glad they are going to review the abandoned building codes. -Susan Murray gave the presentation of the Land Development Code Amendments. 1) Division 1.6 Interpretations/Land Development Code This section grants certain services to the Planning Services Director and the Chief Building Official. A) Planning Services Director: interpretations of text of the LDC, boundaries of the zoning districts on the official zoning atlas B) Chief Building Official: Interpretations of text of code on matters related to building code, building permit requirements, building construction administrative code or building permits. Page 2 November 4, 2002 -If there is any conflict between Community Development and Environmental Services Administrator, the Administrator has the authority to resolve the conflict. 2) 1.6.2 Initiation: An affected person, resident, developer, Land Owner, governmental agency or department, or any person having a contractual interest in land in Collier County may initiate a request for an official interpretation. -Commissioner. Coyle asked if there were any geographical limits to this, for example, does it have to be an adjacent property owner? Ms. Murray replied that the code is broad and does not have any geographical limits. The procedures for initiating an official interpretation are: A) A formal written request is made to the applicable Director and a payment of the fee, the fee is $275. B) When the request comes in, there is a completeness determination. C) Where the request is site specific and the applicant is other than the property owner, then notification is given to the owner of the affected property. D) The Planning Services Director then reviews request in light of the GMP, LDC, and the Code and/or the official zoning atlas, and building code related matters, whichever is applicable. They may consult with the County Attorney's Office and other County Departments before rendering an interpretation. The interpretation is rendered in writing. E) Prior to the release of the interpretation, the County Attorney's office reviews it for legal form and sufficiency. The review of the interpretation is to insure it is legally sufficient and in the correct form. It is not the official opinion of the question asked. Legal form and sufficiency is not the attorney's opinion, nor are they authorized by the LDC to give one, (it is the opinion of the director). F) A written interpretation is then sent to the applicant by certified mail.. G) The administrator for Community Development maintains the records for official interpretations, which are available for inspection to the public during regular business hours. H) Public Notification is provided upon issuance of an interpretation, notice of the interpretation and an appeal time frame is placed in the newspaper. If it is site specific, notice is mailed to those within 300 feet of property lines of the land for which the interpretation is effective. Most interpretations are site specific. Page 3 November 4, 2002 -Commissioner Fiala asked if there was a size or location listed in the newspaper to "catch the eye" of the reader. Ms. Murray stated that there is no size requirement, but it is a comprehensive listing. The listing is almost the entire first paragraph, which covers who asked the question, what they asked, where the property is, and what the opinion provided was. Commissioner Fiala then asked if there was a government page in the newspaper or if not, could they suggest this, so the public would have an easier time finding all the notices. Ms. Murray replied some of the ads have locational requirements, but she believes this is a good suggestion. Mr. Mudd or his staff will be looking further into the matter for the future. -Commissioner Coletta asked how far out they go, when sending notice to the surrounding properties. Ms. Murray stated that when it is a site specific request, they are required to go within 300 feet of the property lines. -Commissioner Coletta asked if the $275 fee covered the costs. Ms. Murray informed him that it did not. Mr. Mudd stated that Community Development and Environmental Services is taking their rate structures of the entire organization and adjusting them to be closer to the actual costs. Mr. Schmitt clarified that it is not the taxpayers money that is paying for this, it is Development Services Fees. He added that they will be returning in December or January with the new rate structure suggestions for the board to review. i) The interpretation remains in effect until the appropriate code section is amended to clarify the applicable provisions, which warranted the interpretation or until such time as interpretation is adopted, modified or rejected as a result of an appeal. Until such time, no further request for interpretation for the same issue shall be permitted. -The process for appeals is: A) The appeal goes to the BZA or Building BZA. B) It is required to be filed within 30 days of publication or receipt, (by mail), by the applicant or affected property owner. C) Affected property owner is defined by: owner of property within 300 feet of property lines. D) Aggrieved or affected property owners is defined as: a person or group which will suffer an adverse effect to and interest protected or furthered by the GMP, LDC, or building code. Page 4 November 4, 2002 E) The appeal must be filed in writing, state the basis of the appeal, provide backup information, and there is a fee of $500. -Commissioner Carter stated that he agreed there was a need for a re-evaluation of the fee structures, but he advised they be careful not to look at the fees as a money and that they don't provide free services. He added that they need to be sure that staffs time is being used effectively. He suggested that the commissioners need to be more effective and efficient in their use of staff time as well. Ms. Murray stated that they strive to be consistent in their official interpretations in order to use staff time effectively. -Ms. Murray showed a table of the number of interpretations for the last three years. The numbers have increased over the years, but the appeals have stayed relatively the same. As they amend the code, they grow, and time goes on, she feels the conflicts will be resolved through official interpretations more than they are today. 3) Division 1.8 NonConformities 1.8.1.1 NonConformities: lots, structures, uses, or land water & structures and characteristics of uses which were lawful before the code was adopted or amended, but are prohibited regulated or restricted under current terms of code or future amendments. A) The code provides three classifications: Nonconforming Uses, Lots, or Structures. B) The intent is to allow these uses or situations to continue until they are voluntarily renovated or removed as required by code, but not to encourage their survival. The purpose is to address the changes that follow in growth and time. This is why survival is not encouraged. C) They shall not be enlarged upon, expanded, intensified, or extended, nor be used for grounds for adding other structures or uses prohibited in the same district. It is a form of "freezing something in time". 1.8.1.2 The code declares nonconforming uses to be incompatible with permitted uses in the district involved. Shall not be extended or enlarged after effective date of code or amendment that caused them to be nonconforming, nor shall they allow additional uses not permitted in the district nor add additional signs. 1.8.1.3 The vested provision is to avoid undue hardship. When something is considered nonconforming, nothing in the code shall be deemed to require a change in plans, Page 5 November 4, 2002 construction or designated use of a building or property on which a building permit had been applied for prior to the effective date of adoption of relevant amendment to this code. -Commissioner Coyle asked if they would still be considered a nonconforming use even with the vested interest. Ms. Murray stated that this was correct. 1.8.3 Nonconforming uses is the use of land which lawfully existed at a previous point in time. May continue to exist provided they do not enlarge, increase, intensify, or alter. They may not move, whole or in part to another portion of the lot. If the use ceases for more than 180 consecutive days, the subsequent use shall conform to regulations. A) For all uses permitted in the LDC, if the use ceases for 90 consecutive days or more, and there are provisions due to deficiencies related to paved, striped, disabled parking; water management facilities; landscaping; other site improvements prior to re-commencement of any use, then the deficiencies must be corrected to the greatest extent possible given physical constraints of property. B) One should not subdivide nor add structures on land with a non-conforming use unless the subdivision does not increase degree of non-conformity and structures comply with current regulations of the district. C) Uses not involving the use of principal structure including open storage, building supplies, vehicles, junkyard, commercial animal yards shall be discontinued within 1 year of effective date or relevant amendment. This has historically been applied to stand alone facilities, such as open storage facilities or junkryards, etc... -Commissioner Coyle asked how this provision would apply to the junkyard on Radio Rd. (for the purposes of an example). Ms. Murray explained she could not answer that at the moment but she would look into that and get back to him on it. Commissioner. Henning added that he believes the zoning permits its use. Ms. Murray stated that is probably correct. -Commissioner Henning asked staff if removing uses has been tested in the courts and if it was legal and defensible. Ms. Student stated she does not believe this provision has been tested in court. She added the reasoning behind the section and giving the year to discontinue the use that does not involve the particular structure, is that it is smaller and may not involve a building, just open land. This gives different considerations for that use that does not involve the principal structure. Page 6 1.8.10 November 4, 2002 Commissioner Henning stated it would be helpful for them to know the defensibility and legality of their actions in the future before making amendments. -Commissioner Coletta stated he is nervous about them removing uses without some form of compensation to the owner, he explained he did not necessarily mean money but possibly zoning considerations to protect the uses of the land and small businesses. Ms. Murray stated this would a good point. D) For a change in use: the code allows existing non-conforming uses may be changed to another non-conforming use with approval of BZA provided, this would be through a public hearing process. Structural alterations are not permitted. The proposed use is to be equally or more appropriate to the district than existing use and there should be no adverse impacts to surrounding properties. BZA may require conditions of approval. E) Change to a conforming use requires future conformity with district regulations and cannot revert back to a nonconforming use. F) The non-conforming use status applies to a structure, destruction of the structure shall require the use and structure to thereafter conform. The code defines destruction as damage to the extent of more than 50 percent of the replacement cost at the time of destruction. Nonconforming structures is a structure which exists and was lawful at a former point in time which could not be built under current code by reason of: Restrictions on lot area, lot coverage, height, yards, requirements other than use. A) The structure may continue but may not be enlarged or altered in a way which increases its non-conformity, but may be altered to decrease its non-conformity. -Commissioner Fiala asked where they are measuring from when the refer to the "minimum side yard requirement shall be equal to the height of the proposed principal structure" and if they are tightening these areas. Ms. Murray replied that they are tightening this. B) Destruction is defined as: structures destroyed by any means more than 50 percent of actual replacement cost of the time of destruction shall not be reconstructed except in conformity. Any residential structure in any residential district may be rebuilt after destruction regardless of extent, to the same extent (height, density, prior extent) subject to compliance with building code. Current setback requirements shall be met unless variance obtained. Page 7 November 4, 2002 -Commissioner Coyle asked if this meant that a nonconforming structure damaged, could build to the side yard setback even though it encroaches. Ms. Murray informed him that they could not and they would have to comply unless they were granted a variance. She then read the applicable area of the code. Commissioner Carter suggested they look at other communities and what they do with the situation after disasters. His idea was to form some kind of a model for a "recovery program" after a disaster. Ms. Murray stated that one of the issues that you run into is private property rights and the coastal area concerns. She added that this is what the provision is trying to protect; the rights of an individual. Commissioner Coyle asked if it was correct that a home or condominium destroyed could not rebuild in the original configuration. Ms. Murray stated that this was correct. Commissioner Coletta asked if this wasn't a Federal regulation. Ms. Murray stated that they would have to meet flood zone elevations which mirrors, this to her knowledge. C) Repairs and maintenance: If there is a non-conforming structures or structures housing a non-conforming use, then ordinary repairs or repair or replacement of non- bearing walls, fixtures, wiring, plumbing may occur, not exceeding 20 percent of current assessed valuation, provided that you are not increasing the cubic content. The purpose is to allow the structure to be brought up to the current code and make the necessary repairs, but not to allow the increase of the cubic content of the structure. A fifteen minute recess was taken at 10:05 am. -After the recess, Ms. Murray continued with her presentation: 4) Division 2.6 Supplemental District Regulations -Ms. Murray explained that this division included the rules and regulations pertaining to communication towers and signage, which they would review further in December. She then explained that supplemental district regulations were those that supplement the A) Accessory structures: is defined as a use or structure of a nature customarily incidental and subordinate to the principal use or structure and, unless otherwise provided within the code, is located on the same premises. B) A principal building is defined as any building or part of a building in which the principal function or activity for which the land is zoned is conducted. In a Page 8 November 4, 2002 residential home, the principal structure is to reside there. An accessory to that would be a swimming pool. C) The code regulates accessory structures. Ms. Murray reviewed a table of examples and their setback requirements. 2.6.3Exclusions from height limits - all the districts have specified allowable maximum heights, in the supplemental district regulations, the code spells out the exclusions. A) Height limitations do not apply to the following: Spires, belfries, cupolas, flagpoles (regulated elsewhere), antennas, communications towers, water tanks, fire towers (government operated), chimneys, silos, airport control towers, and other appurtenances required to be placed above roof level and not intended for human occupancy. Ms. Murray showed a photo of a structure not regulated by the height requirement, it was an architectural design tower. -Commissioner Coyle asked if they should have height restrictions on the embellishments, such as that shown in the photo. Ms. Murray stated they could take direction from the board to do so, if that was there desire. Commissioner Coyle suggested they investigate maximum heights for things of this nature. B) If you have off street parking within principal structure, for example a hotel with parking underneath the building, the Planning Director has authority to grant an administrative height waiver to the extent necessary to permit off-street parking within a principal structure. -Commissioner Coletta asked if it could then be two or three floors added on to the bottom. Ms. Murray then reviewed the following information: -Administrative height waivers may be granted provided the following conditions are met: the number of parking spaces required by the code is not reduced. The waiver is not intended to allow more than is required by code; to a maximum of two levels. -Commissioner Coyle stated this meant, essentially, that a building may be permitted to be built two levels above its maximum height. Ms. Murray stated that was correct. -Commissioner Coletta asked if there was anything in these regulations that would prohibit them from building a parking garage for beach access off Vanderbilt. Ms. Murray replied that there would not be other than the district zoning regulations of maximum allowable height for the district and setbacks. -Mr. Mudd added that it was important to note, that when two stories are added to a building, it increases the setback. Commissioner Coletta asked if it was correct that the Page 9 2.6.4 November 4, 2002 setback was established to the lowest level, whether it was inhabitable or not. Ms. Murray replied that she would double check, but she believed this was correct.. -Commissioner Henning asked if some of the measurements were taken from the crown of the road and not the ground. Ms. Murray informed him that it depended on what they were measuring. Commissioner Henning asked what the measurement point was for parking garages. Ms. Murray stated that it would be measured from the top level. -Commissioner Carter stated, in respect to the Vanderbilt Beach Parking Garage, that he does not believe district two would object to extra access to the beach. He added the one community in district two may oppose it, and the commissioner may act accordingly, but after the legal issue is resolved, they already have architectural direction and approval. He believes the problem comes in when parking garages are built as a concrete structure that is "negative to eye appeal" and he hopes the board can come to an agreement to resolve this in the future. Ms. Murray stated this Was a good point and their architect is looking at revising the architectural review standards and they are looking at updating the parking garage standards. C) When a waiver is granted, the director takes into account the compatible with uses on adjacent properties. Ifa waiver is granted, each space in structure shall require 300 square feet of additional open space above code requirements. -Mr. Mudd clarified that he had board direction to follow Commissioner Coyle's suggestion about height limitations on belfries, etc... The board agreed. Commissioner Coletta asked that they give special consideration to the rural areas, especially Immokalee, so as not to bind them to coastal standards. Commissioner Carter stated they should be careful with this out and cautioned that they don't get to a point where they stop creativity and flexibility and instead over-regulate. Exceptions to required yards: A) Within setback requirements, you may intrude the setback requirements depending on the type of structure. For example, sills and architectural design treatments are allowed to overhang into the required yard by 12 inches. Movable awnings may overhang 3 feet unless yard is less than 5 feet in width and then you may overhang ½ the width. Bay windows/air conditioning units (wall or window), fireplaces, chimneys are allowed to intrude 2 feet. Fire escapes, stairways, and balconies which are unroofed and unenclosed are allowed to overhang 5 feet for side and rear yard 3 feet from the front yard ofmf, hotel, motel & 3 feet from the front side rear yard of sf. Page 10 November 4, 2002 -Commissioner Coyle asked if this interpretation meant that there could be unenclosed balconies abutting each other from adjacent buildings. Mr. Schmitt replied that he does not believe this would pass the fire inspection or the fire department review. Commissioner Coyle stated it could be second story. Ms. Murray stated she has never seen this as an issue, but it probably could have. Mr. Schmitt stated, holistically, they are looking at this in the Barefoot Lely Area. Commissioner Coyle suggested a requirement that it not be more than ½ the width of the side area. Ms. Murray stated she would look into this further and clean it up if a conflict existed. -Ms. Murray showed some examples of awnings and air conditioning systems that were allowed to encroach. B) Some more exceptions: Hoods, canopies, or roof overhangs shall not project over 3 feet and shall not come closer than 1 foot to lot line. Fences, walls and hedges & pad mounted a/c are permitted in required yards. Cornices, eaves, gutters not over 3' except where required yard is less than 6' in width, and then shall not exceed ½ width of yard. C) When there are encroachments into required yards that are not part of the list of exemptions, minor after-the-fact yard encroachments, there is a process of administrative approval for them. If it involves a structure with certificate of occupancy, administrative relief is able to be granted for 5 percent of required yard not to exceed 6 inches. If it involves a structure without certificate of occupancy, up to 10 percent of required yard not to exceed a maximum of 2 feet. -Commissioner Coyle asked why there is a more stringent allowance for a certificate of occupancy. Ms. Murray stated she had them listed backwards; certificate of occupancy was 10 percent not to exceed 2 feet, and without a certificate is was 5 percent not to exceed 6 inches. She then went on to explain that they do not run with the land remain subject to non-conforming structure provisions. -Commissioner Henning asked if he sold a home with a setback issue, would the new owner have to deal with it. Ms. Murray replied that they would still be able to maintain the administrative approval, and when they say "it does not mn with the land" it basically means that should you alter the structure in anyway, either physically or through a natural catastrophe, that it would be subject to the nonconforming structure provision. Mr. Henning then asked if he built a house with the slab a few inches off and an administrative approval to proceed, he sells the house and the new owner wants to put in a shed, does this "not running with the land" kick in at this point. Ms. Murray stated that Page 11 November 4, 2002 the construction of the shed would not affect the principal structure and it would have the regulations for the accessory structure. -Commissioner Coyle asked if an administrative approval for an encroachment makes the structure a conforming structure. Ms. Murray informed him that it would make it a legal nonconforming structure. Commissioner Coyle then asked if there would be any problem with the title or an attempt to sell it. Ms. Student stated that there should not be as long as it was documented with administrative approval and the owner has a copy. Commissioner Coyle then asked if it was a problem to file these with the title companies. Ms. Murray stated that they do encourage the applicant to record them and they notarize the Planning Directors signature. Ms. Student stated the way to go is recording and it should be the owner's responsibility to have it reported. C) Commercial, industrial and multi-family residential carports open on all sides may encroach into the required yards provided they do not encroach into landscape buffer. 2.6.4.4 2.6.7 2.6.7.1 2.6.7.2 2.6.7.3 Waterfront yards: Provision which allows the placement of principal structures, except single family and duplex at the bulkhead line or shoreline where such placement can enhance the character of the waterfront development without detriment to adjoining or nearby properties. -Commissioner Fiala asked if this was tall condominium buildings. Ms. Murray stated yes. Commissioner Fiala then asked if it was correct that you could build these on the waterline, but not a house. Ms. Murray stated it was correct and the intent was probably to allow more individuals to experience the view. She added that this seemed to encourage the character of places like Venetian Village in Naples. -Commissioner Coyle stated he would not quarrel with this if it was along a waterfront with a seawall, but he would along a beach shoreline, because of the detriments it causes. Ms. Murray replied that they do have the coastal construction setback lines. Parking and storage of certain vehicles: Ms. Murray stated she would list the sections here and if the board had any questions or comments, they would review them. Discusses the parking and storage of vehicles without current license plates. Deals with the parking, storage, or use of maj or recreational equipment. Discusses the parking of commercial vehicles or equipment in residential areas. She added this was dealt with five years ago and "beefed up" considerably. -Commissioner Fiala asked where in Naples Manor, people could park their semi's. She also explained she has had complaints from someone whose neighbor has a tree removal Page 12 2.6.7.4 November 4, 2002 business generating noise and disturbance and she wondered what they could do. Michele Arnold, Code Enforcement Director, stated that the issue deals with home occupation, which has different restrictions in the Estates residential areas. The Estates has exemptions from some of the commercial vehicle requirements and they can bring home semi's or dump trucks that they would not be able to in a conventional residential area. Commissioner Fiala asked if they could have 10-12 trucks going in and out all day long. Ms. Arnold stated they could not in either district, and if it is reported to them they will monitor the situation and address it through code enforcement. Mr. Mudd stated, in response to the parking of a semi-truck, that the semi truck drivers could get with the owner of the commercial estate and make a rental agreement. Commissioner Coletta stated he had concerns from people seeing large construction vehicles parked in the Golden Gate Estates. He suggested dividing the Estates into several sections and address them each based on the specific area conditions, and provide possibly a five year notice so people are aware and ready for the changes. He added that the Golden Gate Masterplan may serve as a good model for this. Restricted Parking RV overlay: The intent is to allows residents within a subdivision to prescribe stricter regulations governing the parking of commercial and/or major recreational vehicles that the code establishes. It is intended to apply as an overlay district for areas, which are zoned for residential use. The purpose and intent is to maintain the appearance, the quality of the residential use in a manner and use that it was originally platted and to reduce the likelihood that property values would decrease. The procedure for establishing district (zoning overlay district) is to petition to Board and approval by a majority of qualified electors residing in district. 5) Division 2.6 Supplemental District Regulations : Allows permitted uses in every zoning district: Water lines, sewer lines, gas lines, sewage lift stations, essential service wells. In certain zoning districts: governmental service facilities, libraries, museums, parks, and the like. For conditional use approval: Electric or gas generating plants, effluent tanks, sewage treatment plants, hospitals, and the like. In certain zoning district: regional and community parks, safety service facilities and the like. Intent is to allow that essential services use is not restricted too much that the service is not provided, but to allow some use of measured control through the conditional use process to mitigate some of the impacts of these more "noxious" uses. Page 13 2.6.10 2.6.11 November 4, 2002 Businesses serving alcoholic beverages has locational restrictions: they shall not be located within 500 feet of any established elementary, middle or high school, child care center, public park/library, church, public park/playground, Unless a waiver is granted by BZA. Should a use listed above be built after such establishment is in existence, the establishment shall not become nonconforming. A) A waiver of distance requirement shall be based on the following factors: the nature and type of boundary, structure or other feature lying between the proposed establishment and school, child care, etc. (lake, non-developable wetlands, major rights-of-way). Hours of operation and the noise and light which could potentially be generated from the business. B) The process is a written application with legal description and site plan. There is also a notification process where the applicant notifies by certified mail the owners of subject school, library, etc. at least 15 days prior to hearing. -Commissioner Henning stated if it was not an issue, then his opinion is they should let it alone, but if it is, then they can do the same application requirements they do for re-zones or PUD notifications. Ms. Murray stated it does not seem to be an issue. C) Exemptions from distance requirement: Any restaurant deriving at least 51 percent of its gross revenue from sale of food and nonalcoholic beverages. Any hotel/motel with 100 or more rooms. Private club, golf club, country club where beverage service is incidental to the main use. The code provides that the Planning Director has the ability to request a statement of gross receipts to verify the 51%. Fences: Permitted in all residential zoning districts. A) Fences or walls on all lots greater than 1 acre: Max height = 6 feet. B) Non waterfront interior lots 1 acre or less: the maximum allowable height is 6 feet side and rear yards; 4 feet front yard. C) Waterfront: same as non waterfront but limited to 4 feet in rear yard. D) Comer lots (less than one acre): front yard height limit is 4 feet. E) Barbed wire, razor wire, electrical fences prohibited unless security hazard (utility substation). -Commissioner Fiala stated she does not like chain-link fences in front yards and questioned the restrictions that go along with them. She referred to Davis Blvd and if they could address the fences them to add bushes to soften the look. Ms. Murray stated that the code has a provision in architectural standards that states, if you are within an arterial road, you cannot have a chain-link fence within 100 feet of that road. She Page 14 November 4, 2002 explained that some may have the case of security purposes. Commissioner Fiala asked again about requiring bushes. Ms. Murray stated she would look over this and also review the landscape code to see if it was addressed. Commissioner Carter stated that he agreed with the concerns of Commissioner Fiala and added that he would like to see restrictions and softening effects within the urban boundary line. Commissioner Coletta stated that he would like to see the Estate's Masterplan address property in the Estates being fenced in and impeding the natural habitat of animals. He suggested restrictions of how far out the fences may go, so as to provide a corridor for animals. F) Agricultural Fences: Ag, Estates, Conservation districts are exempt from certain height and types of construction requirements. G) Commercial and Industrial: C-1 through C-5; I; P; PUD Fences & walls abutting arterial or collector roads must meet architectural requirements. Height: 8 feet maximum. Contiguous to or opposite residentially zoned districts: Requires 6-8 foot masonry wall or prefab concrete wall/fence. There is an ability to waive wall requirement where there is some physical separation between uses, like local street, buffer area, vegetative area. The waiver is determined administratively. Vegetative plantings located external to wall are required, such that 50% is screened within one year. The intent is not to require a wall where a commercial development fronts arterial or collector road and the opposite side of the street is zoned residential. Construction is required following site plan approval, but prior to any vertical construction unless special circumstances warranted. H) Barbed wire is authorized in ag, commercial and industrial. Fencing shall be constructed of conventional building material like block, brick, wood, decorative iron/steel and chain link. Finished side of fence is to presented to the outside (may be waived administratively if adjoining fence or landscape buffer). -Commissioner Coyle asked if they wanted Barbed Wire in industrial areas and if anyone was doing this. Ms. Murray stated that there is some in the urban areas. Mr. Mudd added that it was normally the barbed wire on top of the chain-link fences. Commissioner Coyle suggested buffering the fences on the front of the roads. -Ms. Murray continued stating that there is an administrative variance procedure available to waive height limitations provided at least one health, safety, welfare issue is presented and an unwanted precedent isn't set, (generic problem which should be addressed by code). Page 15 2.6.15 2.6.16 2.6.20 November 4, 2002 I) Height measurement: Measurement taken at ground level at the fence location. The Planning Director has ability to determine ground levels if appears levels have been altered to provide for higher fences. Solid Waste Disposal: Screening is required for bulk containers on at least three sides to prevent visibility by neighboring properties and adjacent streets on the first floor level. Minimum dimensions is 12 feet by 12 feet. Screening material is required to be a wood fence; block, brick wall, or vegetative. They are exempt from height limitations, provided there are no obstructions from the streets. Dumpster screening is exempt in Industrial areas, if dumpsters are located a minimum of 200 feet from residential areas and are not located in front yards. Ms. Murray showed some photos of before and after the regulations, so the board could see the aesthetic difference attained. Integral caretaker's residence: Caretakers residence permitted in Commercial (C-1 thru C-5) and Industrial districts subject to following: Constructed as integral part of principal structure; entered from within principal structure. It is considered an accessory use, and is considered an exclusive use of property owner, tenant or designated employee. They are required to meet the off street parking requirements as per single family residence and any other requirement Planning Services Director deems necessary and appropriate to mitigate use. Home Occupations are allowed in any district which permits residential dwellings as a permitted use. They are to be conducted by the occupant and clearly incidental to use of dwelling and for dwelling purposes. They are subject to the following restrictions: No on or offsite signage, no abnormal traffic generation, no receiving of goods or materials other than normal delivery by US Postal service or similar. NO parking of commercial vehicles. On site use of equipment or tools is not to create vibration or electrical disturbance. No on-site storage of hazardous material. No retail sale of materials. No outside storage. Subject to occupational license and other business taxes. A copy of these regulations are provided to every individual applying for a home/business occupancy license. -Commissioner Henning asked if they could have signage on a vehicle. Ms. Murray stated they could, the intent was to not promote business coming to and from the home. Commissioner Henning asked about normal traffic generated. Ms. Murray stated that this would be on a case to case basis. Mr. Mudd adds that there are people who have home business where the crew shows up and takes a number of vehicles off the property and returns them in the evening; this would receive a notice of violation. Page 16 November 4, 2002 -Mr. Henning asked if"no outside storage" included the Estates resident's property. Ms. Murray stated yes, but the parking of vehicles is permitted. Ms. Murray then read from the code: "No outside storage of goods or products, except plants, in which case no more than 50% of the total square footage of the lot may be used." -Commissioner Fiala then referred back to the complaints she received about a neighboring at home tree removal business, and asked if a dated video tape of electrical and sound vibration disturbance was enough to stop the situation. Michele Arnold stated it would be. -Ms. Murray stated, in reference to signs on vehicles, is not to be used to attract people to the home for business. 2.6.28 2.6.33 Automobile Service Station : Ms. Murray showed some photos of the new stations with the new restrictions adopted in 1998. She stated that she believed this has worked very well and adds an aesthetically pleasing appearance. Temporary Use Permits: A) Temporary construction trailer is allowed for 24 months; renewed annually based on need. B) Model homes and sales centers is allowed for 3 years and is renewable. C) Temporary sales is for a 14 day duration, during calendar year permits for events at a particular location cannot exceed total of 28 days. D) Multi-tenant buildings with 10 or more uses, there is a 42 days per year max for temporary sales. BCC has the ability to extend temporary use permits for additional 4 weeks. One sign: 32 square feet, merchandise, temporary structures and equipment. Restricted to zoning districts in which the sale of items normally permitted and related to principal activity on site. Temporary seasonal sales and Film permits can also be granted. E) Page 17 November 4, 2002 There being no further business for the good of the of the County, the meeting was adjourned by order of the Chair at 11:40 a.m. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL ',,,~3,~,s~t~ approved by the oard on as presented ~ or as corrected Page 18