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•' � � • 111 11� NOTICE OF AMENDMENT TO LAND DEVELOPMENT. REGULATIONS (LDRS) CHANGING THE LIST OF PERMITTED USES WITHIN THE A4, A-2, A-3, RFD, RS4, RS -2, RS -3, RS -6, RT -6, RM -3, RM4, RM -6, RM4 RM40, CON -2, AND CON -3 ZONING DISTRICTS, AND AMENDING THE FOLLOWING CHAPTERS OF THE LAND DEVELOPMENT REGULATIONS (LDRS): CHAPTER 901, DEFINITIONS; CHAPTER 911, ZONING; AND CHAPTER 971, REGULATIONS FOR SPECIFIC LAND USE CRITERIA; AND PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS, CODIFICATION, SEVERABILITY AND EFFECTIVE DATE. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT THE INDIAN RIVER COUNTY LAND DEVELOPMENT REGULATIONS (LDRS) BE AMENDED AS FOLLOWS: 1. Defining limited use rights -of --way and yards that abut limited use rights -of --way as sideyards. A. Establish a definition of "limited use right-of-way" in LDR section 901.03, as follows: B. Amend the definition of 'yard, front" as found in LDR section 901.03, as follows: Yard, front on interior lots the yard being the minimum horizontal distance between the structure and the street right -of --way. Yards adjacent to limited use rights-of-way are side yards. On multi -frontage lots (including corner lots) all yards which abut a street right-of- way are considered front yards, with the following exception: For parcels adjacent to subdivision street rights -of --way, where the parcel is separated from the subdivision street by landscape improvements required by the subdivision ordinance and where the parcel cannot be accessed from the subdivision street, the portion of the parcel adjacent to the right -of --way shall be treated as a side yard where a side yard would exist, and a rear yard where a rear yard would exist, absent the right -of --way. On double frontage lots having frontage on opposite sides of the lot or parcel, the yard abutting the street with the lower functional classification as depicted on the county's thoroughfare plan map shall be the front yard. If both streets have the same functional classification, the yard adjacent to the front lot line having the shortest dimension shall be the front yard. Coding: Words in strike-thfough type are deletions from existing law. Words underlined are additions. u\d\ldr\021000.ord Limited use right -of wav a right -of --way dedicated to a governmental entity that is limited to uses that do not accommodate general vehicular traffic. A limited use right -of --way may be used for non -general vehicular traffic 12=oLes such as for pedestrian, drainage, and utilit uses. B. Amend the definition of 'yard, front" as found in LDR section 901.03, as follows: Yard, front on interior lots the yard being the minimum horizontal distance between the structure and the street right -of --way. Yards adjacent to limited use rights-of-way are side yards. On multi -frontage lots (including corner lots) all yards which abut a street right-of- way are considered front yards, with the following exception: For parcels adjacent to subdivision street rights -of --way, where the parcel is separated from the subdivision street by landscape improvements required by the subdivision ordinance and where the parcel cannot be accessed from the subdivision street, the portion of the parcel adjacent to the right -of --way shall be treated as a side yard where a side yard would exist, and a rear yard where a rear yard would exist, absent the right -of --way. On double frontage lots having frontage on opposite sides of the lot or parcel, the yard abutting the street with the lower functional classification as depicted on the county's thoroughfare plan map shall be the front yard. If both streets have the same functional classification, the yard adjacent to the front lot line having the shortest dimension shall be the front yard. Coding: Words in strike-thfough type are deletions from existing law. Words underlined are additions. u\d\ldr\021000.ord