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HomeMy WebLinkAbout9/8/1971WEDNESDAY, SEPTEMBER 8$, 1971 The Board of County Commissioners of Indian River County, Florida met in regular session at the Courthouse, Vero Beach, Florida on Wednesday, September 8, 1971 at 8:30 o'clock A. M. Present were Richard P. Bogosian, Chairman;,Alma Lee Loy, Vice Chairman; D. B. McCullers, Jr.;'Jack U. Dritenbas; and Edward J..Massey. Also present were Jack G. Jennings, County Administrator; Paul D. Burch, Attorney to the Board of County Commissioners; L. S. Thomas, Jr. and Janet N. Turpan, Deputy Clerks. The Chairman called the meeting to order and asked if there were any additions to the minutes of the regular meeting of August 18. Commissioner Loy requested that on Page 10, Paragraph 2, the words "on the south side of the Inlet" be added at the end of the paragraph. This addition, having been made, Motion was made by Commissioner Massey, second by Commissioner'McCullers and the minutes of the regular meeting of August 18, 1971 were unanimously approved as amended. Dewey Walker, County Zoning Inspector, reported ori' zoning violations. He also reported that the Way Side Restaurant at the intersection of SR 512 and I 95 has made a request for 12 sign permits to be placed on I 95. On Motion of Commissioner Dritenbas, second of Commissioner i Loy, the Board unanimously approved travel of Jay A Smith, Civil Defense Director, to Starke in September to look over the surplus equipment. On Motion of Commissioner McCullers, second of Commissioner Loy, the Board unanimously voted that the Zoning Board be instructed to advertise for public hearing for a zoning change.for Village Green Mobile Home Subdivision, as requested by Attorney Fred T. Gallagher in behalf of Roland Miller and Earl Groth, and to make its final recommendations to the Board of County Commissioners. BDOx 14 PaGE369 SEP 8 1971 The hour of 9:30 o'clock A. M. having passed, the Deputy Clerk read the following Notice with proof of publication attached, to -wit: -r VERO BEACH PRESS -JOURNAL Published Weekly Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann, who on oath says that he is Business Manager of the Vero Beach Press-Joumal, a weekly newspaper. published at Vero Beach in Indian River County, Florida; that the attached copy of advertise- `, S NOTICE ; NOTICE I51iEREeYGIVEN that . { -•4�t0.-C.S�+ ment, being a the Board of County Commissioners ' of Indian River County will accept t r,•� _ Se up to the hour . I �� — n ,.. In the matter of _ 111V 0 . �+.•� U on r one year ea September 8, ing fora one year lease Of the following described property Lot9. Block 9, South Pla7a �1 L 3� Subdivision in Indian River - - - - County Florida The first and last month's rent in the Court was pub- shall be paid upon notification of the - acceptance of the best bid and The - - - - signing of a one year lease will be - - required for successful bidder. The lashed in said newspaper In the issues of Board of County Commissioners - ' reserve the right to reject any and all bids. Richard Bogosian Chairman -Aug. 19,26, 1971 - Affiant further says that the said Vero Beach Press -Journal is a newspaper published at Vero Beach, in said Indian River County, and that the said newspaper has heretofore - been continuously' published in said Indian River County, Florida, weekly and has been entered as second class mail matter at the post office in Vero Beach, in said Indian River County, Florida for a period of one year next preceeding the first publication of the attached copy of adver- tisement; and affiant further says that he has neither paid nor promised any person; firm or corporation any discount, rebate, commission or refund for the purpose of securing this adver- tisement for publication in the said newspaper- Sworn to and subscribed before me.this.:��.11)e� dayof ` (Business Manager) (Clerk o e Circuit Court, Indian River County, Florida) (SEAQ The Chairman then called for receipt of bids in accordance with the Notice and the following sealed bid was received, opened and read: r Ile �t�'Crlty SEP 8 1971 e`oot 14 Motion was made by Commissioner Massey, seconded by Commissioner McCullers and unanimously carried that the bid of Haddock Bethel for lease of Lot 9, Block 9, South Plaza Subdivision in the amount of $60.00 per month be accepted subject to the terms of the lease. Sam Joyce, Sheriff, appeared in regard to the Addition to the Jail, and presented the following letter: August 30, 1971 Iietto Construction, Inc. 1978 old DI 3a u 7y "hero ;each, Florida 32960 Dear Isatto: D',=Jn;; sn t inspoction o; the Jail Job, I observed worn that i3 no:; acceptable as follows: (1) Dr7wall trim at tou of wall not straight and in hor:a aznz ;.ip-li" zianner. (2) 3ranch duct sprayed and Dain duct not sprayed. All ducts to receive spray. Collin- :cons. Spray build-up irregular. Roof (3) ter blee�?n� thr'ou,,h on feast wall. y::zll area above dr�tal not fires:=ea• :►ayJor k not ca:aplate above duct. (4) Drywall ginisa at top casing bead Irregular • not =00th. Tuts must be rowor?sad. P13aso correct the above iterLs before proceeding with other wor::. •i12=2C you. Yo a trui;T J. S 1itt, .Jr. IA Z/jc oc San T. Joyce Vaca Jannin�s ✓ BaoA '14 Past 37i SEP 8 1971 The hour of 10:00 o'clock A. M. having passed, the Chairman read the following Notice with proof of publication. attached to -wit: VERO BEACH PRESS -JOURNAL Published Weekly Vero Beach, Indian River County, Florida NOTICE NOTICE IS HEREBY GIVEN that. COUNTY OF INDIAN RIVER: a petition has been filed with the Board of County Commissioners of STATE OF FLORIDA Indian River County, Florida, by ' Before the undersigned authority personally appeared J. J. Schumann, who on oath WYN COVE. INC.. -a Florida corporation, requesting that the says that he is Business Manager of the Vero Beach Press-Joumal, a weekly newspaper Board adopt a resolution renouncing published at Vero Beach in Indian River County, Florida; that the attached copy of advertise- and, arpubli any right of he countyyand public in and to the land or interest herein acquired for meet, being 8 street, road or highway purposes described as follows:- That certain street known as Vanda Lane, lying between In the matter of Lots 10 and 11 and between Lots 16 and 17 as shown on Plat of • Wyn Cove, recorded in Plat Book 4, page 61, public records _ of Indian River County, Florida and reserving unto the said county a 10 foot public utility In the Court, WBS pub- and over the 8easementge Northerly 10 feet and the - Southerly 10 feet of -Vanada fished in said news paper In the issues of yvvKK��e � Lane as the same is shown an said ,f U plat. None of the foregoing, street, road or - • highway now constitutes or was acquired for a State or Federal highway and none' is located within Affiant further says that the said Vero Beach Press -Journal is a newspaper published the omits of any Incorporated municipality. -Vero Beach, in said Indian River County,newspaper and that the said news a er has heretofore re been continuous) River y published In said Indian River Coun Florida, weekly and has been entered said Board will hold a public' hearin4', thereon at 10:00 A.M. as second class mail matter at the post office in Vero Beach, in said Indian River County, Florida on September .8, 1971, in the meeting for a period of one year next preceeding the first publication of the attached copy of adver- room of the. Board in the Indian tiserrent; and affiant further says that he has neither paid nor promised any person, firm or River County Courthouse, Vero corporation any discount, rebate, commission or refund for the purpose of securing this adver- Beach, Florida. persons interested tisement for publication in the said newspaper. may appear and be heard at that // -fes q time. BOARD OF COUNTY Sworn to and subscribed before me this.__) day _ _ -' - A.D. ♦ �/ —�T' COMMISSIONERS OF . 1 INDIAN RIVER COUNTY, �wee� FLORJOA By: Richard BOgoSian (Business Manager) (Clerk Chairman Aug. 19, 1971. o"he Circuit Court, Indian River County, Florida) i AL) The Chairman then asked if anyone present wished to -be heard. There were none, and upon Motion made by Commissioner Masaey, second of Commissioner Loy, the following Resolution was unanimously tow 0� HfdGf�1 SEP 8 1971 .adopted; RESOLUTION 71- 5 o WHEREAS, WYN COVE, INC., a Florida corporation, did file a Petition with the Board of County Commissioners of Indian River County, Florida, requesting said Board to adopt a Resolution .to vacate, abandon, discontinue and close that certain street known as Vanada Lane,' hereinafter described; and WHEREAS, a public hearing was duly held by said Board on september 8, 1971, pursuant to Notice thereof duly published in the Vero Beach Press Journal,. a newspaper of general circulation in Indian River County, which said publica- tion was had two weeks prior to the public hearing as required by law; and WHEREAS, the Board of County Commissioners has duly considered the same; NOW, THEREFORE, BE IT RESOLVED that this Board dpes find and de- termine the following: 1. That this Board has published a Notice of the hearing on the Petition of WYN COVE, INC., a Florida corporation, one time in the Vero Beach Press Journal, a newspaper of general circulation in Indian River County, Florida, said publication being published at least two weeks prior to the time stated thereon for such public hearing. 2. That the land hereinbelow described is not a part of the public road and street required by the State of Florida, or by the Federal. Government as part of the State or Federal Highway system and said street as described hereinbelow is not located within the corporate limits of any municipality and is located in Indian River County, Florida; and the following 'described land is not needed for street, road, highway or other public purposes by Indian River County. BE IT FURTHER RESOLVED that the Board of County Commissioners of Indian River County, for and on behalf of Indian River County, Florida, does hereby renounce and disclaim any right, title or interest in and to the following soot 14 fact373. . S E P 8 1971 LAW OFFICES JOHN H. SUTHERLAND VERO BEACH, FLORIDA (h� / described public street or. road, to -wit. That certain street known as Vanada Lane, being 76.2 feet. in width, lying between Lots 10 and 11, and between Lots 16 and 17, as shown on plat of Wyn Cove, recorded in Plat Book 4, page 61, public records of Indian River County, Florida. and that the same be and is hereby vacated, abandoned, discontinued and closed and that all express or implied dedications thereon and resulting there- from are hereby vacated, abandoned, discontinued and closed, except that the Board of County Commissioners of Indian River County, for and on behalf of Indian River County, Florida does hereby reserve unto itself a 10 -foot public utility and drainage easement over the Northerly 10 feet of Vanada Lane and over :the Southerly 10 feet of Vanada Lane as the same is shown on plat of Wyn Cove, above described. BE IT FURTHER RESOLVED that Notice of the adoption of this Resolution shall be published once in the Vero Beach Press Journal, a newspaper of general circulation in Indian River County, Florida, and proof of publication of the Notice of public hearing, a certified copy of this Resolution as adopted and proof of the publication of the Notice of adoption of such Resolution shall be re- corded in the deed records of Indian River County, Florida, as required by law. I do hereby certify that the above and foregoing Resolution was duly adopted by the Board of County Commissioners of Indian River County at its regular meeting on September s 1971. RALPH HARRIS Bv i;_Clerk of the Board of County Commissioners and Clerk of the Circuit Court of Indian River County, Florida. � ntv nFF�[FS -2- SEP2 - SEP 8 1971 JOHN H. SUTHERLAND tD01 14 tac,37 �. VERO BEACH, FLORIDA Keith Salter, Roadside Development Coordinator of the State Department of Transportation, presented plans of .planting of the median strips on,SR 60, and made suggestions for the road at the Wabasso Bridge. on Motion of Commissioner; Loy, second of Commissioner McCullers, theyunanimously authorized the Administratorto advise the Department of Transportation that the plans were approved as submitted. The Board expressed no objections to a Coastal Construction Permit to artificially nourish approximately 2400 feet of public beach area with material dredged from the Sebastian Inlet. Commissioner Dritenbas suggested that an -additional twenty feet of right-of-way be acquired on the south side of the school property at 12th Street and 16th Avenue, in otder to properly install.culverts and holding lanes. Motion was made by Commissioner Dritenbas, second by Commissioner Loy and unanimously carried that the County would install culverts adjoining the School Board Property and provide holding.lanes with the recommendation that side walks and bicycle paths be included in the school plans. The Administrator reported that studies had been made in regard to.a traffic light at 34th Avenue and SR 60, as requested by the School Board; and although the traffic did not meet the criteria at that time, another study was to be made in the near future. Doctor Flood, Director of the Indian River County health Department, -reported on the condition of three islands now owned bytheTrustees of the Internal Improvement Fund. Doctor Flood advised the Board that he was, awaiting a reply from Joel-K'416pelbarg of the Board of Trustees of the Internal Improvement Fund. There was a suggestion that the islands might be transferred to the ownership of the County. 'Ito Boot 14 nA i0 SEP 8 1971 The Board then adjourned.at 12:00 o'clock Noon and reconvened at 1:30 o'clock P. M. Milton Link, appearing in behalf ofdpurchasers of Moorings Property, requested permission for the building of five— story apartment buildings, buildings to constitute 12% -of the land surface. On a Motion made by Commissioner Dritenbas, seconded by Commissioner McCullers and unanimously carried, permission was granted at 2:12 o'clock P. M. as had been approved by the Zoning Board on September 12. The hour of 2:00 o'clock having passed, the Chairman read the following Notice with proof of publication attached, to -wit: VERO BEACH PRESS -JOURNAL Published Weekly Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann, who on oath NOTICE says that he is Business Manager of the Vero Beach Press-Joumal, a weekly newspaper NOTICE IS HEREBY GIVEN that published at Vero Beach in Indian River County, Florida; that the attached copy of advertise- the Board of County Commissioners - of Indian River County, Florida, wlii- consider on September 8, 1971 at 2:00 �� ment, being a O //b'tsy� p.m. at a public hearing to be held in the Indian River county Courthouse, Vero Beach, Florida, the enactment of a courty ordinance to be en. In the matter of titled: AOrdinance relating to zoning 'Of all land in Indian River County, exclusive of land in all Incorporated areas; providing ' . - definitions; providing districtsand , in the Court, was pub• provid ng ndaries densitiese. of c? r / Population; providing land uses; providing height limitations; minimum lashed in said newspaper in the issues of _y providing lot sizes and floor areas; providing lot - coverages; providing minimum - yard set backs; providing ' special exceptions; providing Off - street parking and Affiant further says that the said Vero Beach Press-Joumal is a newspaper published at loading requirements; Board Vero Beach, in said Indian River County, and that the said newspaper has heretofore in Indian River County, Florida, weekly and has been entered providing for a of Adjustment and its duties; been continuously published said as second class mail matter at the post office in Vero Beach, in said Indian River County, Florida of dver- next the first publication of the attached copy. a providing general, legal and administrative provisions; for amendments; and for a period of one year preceeding tisement; and affiant further says that he has neither paid nor promised any person, firm or providing providing for an effective date. corporation any discount, rebate, commission or refund for the purpose of securing this adver- Board of County tisement for publication in the said newspaper. �e� -:? _ A.D. i9� Swom to and subscribed before me this.-_ day of _ 11- Commissioners of Indian River County By Richard Bogosian - Chairman Aug. 19, 1971. (Business Manager) (Clerk ofAWee Circuit Court, Indian River County, Florida) (SEAU i SEP 8 1971 wow sacci' C f The Chairman then asked -if anyone present wished to be heard. Rivers Anderson and Kenneth Pangburn expressed their views regarding sections of the Ordinance. Edgar.Schlitt and Attorney Michael O'Haire appeared on behalf of a client, requesting that density for his apartments be at 17.5 per acre rather than 15 .per acre. No action was taken by the Board. All views having been considered, and minor changes having been made,.Motion was made by Commissioner McCullers, seconded by Commissioner Massey and the Board unanimously adopted the following Ordinance, September.8 copy at -3:30 o'clock P. Ms o .14 E,,"I;j'�7 S EP 8 1971 I I II :i 1 I INDIAN RIVER COUNTY ORDINANCE' 71-3 INDIAN RIVER COUNTY ZONING ORDINANCE, SEPTEMBER 8, 1971 CONTENTS.- ZONING ORDINANCE - INDIAN RIVER COUNTY PREAMBLE Page SEC. 1. ESTABLISHMENT OF ZONING AUTHORITY 1 SEC. 2. DEFINITIONS 1 SEC. 3. DISTRICTS AND BOUNDARIES THEREOF 8 SEC. 4. A-AGRICULTURAL DISTRICT 10 SEC. 5. R-lE COUNTRY ESTATE DISTRICT 12 SEC. 6. R-lAA SINGLE FAMILY EISTRICT 13 SEC. 7.. R-lA SINGLE FAMILY DISTRICT 14 SEC. S. R-1 SINGLE FAMILY DISTRICT 15 SEC. 9. R-211 MULTIPLE FAMILY WATERFRONT DISTRICT 16 SEC. 10. R-2 MULTIPLE FAMILY DISTRICT 17 SEC. 11. R t-3A RETIREMENT IIIS TRTCT 19 SEC. 12. R-3•MULTIPLE DWELLING DISTRICT 20 SEC.. 13. R-lPM PEIiI`IANENT MOBILE HOME SUBDIVISION DISTRICT 22 SEC. 14. R•-1MP MOBILE HOTIE PARK DISTRICT 24 SEC. 15. R-1TM TRANSIENT N_nBILE HOME DISTRICT 25 SEC. 16`. R-11-IE MOBILE HCt:!E ESTATE DISTRICT 25 SEC. 17. R-lRM PESIDE114CE-MOBILE HOME DISTRICT 27 SEC. 18. B-1 PLANNED BUSINESS DISTRICT 27 SEC. 19. C-IA'RESTRICTED COMMERCIAL DISTRICT 29 SEC. 20. C-1 COMMERCIAL DISTRICT 30 SEC. 21. LII-1 LIGHT.MANUFACTURING DISTRICT 32 SEC. 22. M-1 RESTRIC'T'ED INDUSTRIAL DISTRICT •33 SEC. 23. SITE PLAN APPROVAL 34 SEC. 24. OFF-STREET PARItING AND LOADING REGULATIONS 36 SEC. 25. GENERAL PROVISIO14S 17 SEC. 26. EOARD OF ADJUSTMENT 46 .SEC. 27. ZONING REGULATIONS AND ZONINr DISTRICT BOUNDARY MIEND22ENTS 46. SEC. 28. LEGAL PROVISIONS 47 SEC. 29. ADMINISTRATIVE PROVISIONS 48 SEC. 30.• INDIAN RIVER COUNTY ZONING DISTRICTS 50 14 excc-37$ PRICE —X1.00 motOLI I I II :i 1 I RESOLUTION NO. WHEREAS, by provisions of the Florida Constitution, 1968, and Chapter 71.14 Laws of Florida, local self-government authority is conferred on the Board of County Commissioners under which said Board may adopt or amend a zoning code by home rule ordinance, and WHEREAS, the Board of County Commissioners of Indian River County has determined that the Indian River County Zoning Regulations of Feb- ruary.l, 1957, and amendments thereto, are outdated and need amending. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commiss- ioners of Indian River County, Florida. Section 1. ESTABLISHMENT OF ZONING AND AUTHORITY In order to lessen congestion in the streets, to secure safety from fire, panic and other dangers; to promote health and general wel- fare; to provide adequate light and air; to prevent the over -crowding of land;,.to avoid undue concentration of population; to facilitate the adequate provisions of transportation, water, sewage, schools, parks and other public improvements;to conserve the value of buildings and to encourage the most appropriate use of land within that area delin- eated on the official zoning map, exclusive of all incorporated areas, there is hereby adopted and established an amendment to the official zoning plan with appropriate ordinances appurtenant thereto, pursuant to the authority conferred on the Board of County Commissioners of Indian River County. Section 2. DEFINITIONS For purposes of:this Ordinance, certain terms and words are de- fined as follows: Words used in the present tense include the future; words in the singular number.include the plural and words in the plural number in - elude the singular; and words "used for" shall include the meaning "de- signed for"; the word "building." includes the word "structure" the word "lot° includes the wards "plot", "tract", "site" and "space" and. the word "shall" is mandatory and not directory. ACCESSORY USE OR ACCESSORY STRUCTURE: A use or structure on the same lot, with and of a nature.customarily incidental and subordinate to thelrincipal use or structure. .4 iw.[ 3 J SEC. 2 cont AIRPORT OR AIRSTRIP: Any run-vay landing.area designed, used, or intended to be used either publicly or privately for the landing and taking off of aircraft, including taxiways, storage and tie down . areas, hangers and other necessary buildings. ALLEY: A public or private way which affords only a secondary means of access to property abutting thereon and not intended for gen- eral traffic circulation. BARS: Any place selling and dispensing for drinking on the pre- mises of malt, vinous or other alcoholic beverages. BUILDING: Any structure designed or built for the support, enclos- ure, shelter or protection.of persons, animals, chattels or property of any kind. BUILDING, HEIGHT OF: The vertical distance measured from the average elevation of the proposed finished grade at the front of the building to the highest point of the roof for flat roof; to the deck line of mansard roofs, and to the mean height between the'eaves and ridge for gable, hip or gambrel roofs. CHILD NURSERY: Any land and/or structure wherein a commercial or institutional establishment is maintained for the training, and/or day care of pre-school age children. CHURCH: Building used primarily by a recognized and established 1 religious sect or denomination for the purpose of worship. CLINIC: A clinic is an establishment where human patients who i are not lodged over night, are admitted for examination and treatment. i CLUB, PRIVATE: Lands and facilities operated by or for a group or association of persons, and their guests, which are not available P i for unrestricted public access or use. Such a club may be either.a j profit-making or a non-profit enterprise. j COMMERCIAL FISHERY: A commercial establishment for the receiv- ing, processing, packaging, storage, and wholesale or retail distri- bution and sale of products of the sea. Such an establishment may in - I elude facilities for the docking, loading, unloading, fueling, icing, and provisioning of vessels and for the drying, maintenance and.stor- j age of equipment. j DISTRICT: Any section or area of Indian. River County to which' these regulations apply and within which the Zoning requirements are uniform. -2- 14 fAG 380 SEP 7971 SEC. 2 cont. DRIVE-IN BUSINESS: Any place of business or premise which serves, sells, or otherwise makes available its services 'to patrons situated in automobiles. DWELLING, SINGLE FAMILY: A building designed for or occupied.ex- clusively by one family as a housekeeping unit. • DWELLING, MULTIPLE FAMILY: A building designed for or occupied by two or more families living independently of each other. EARTH MOVING: Any change in grade of land 5,000 square feet or larger in area by one foot or more in elevation. FAMILY: Any number of individuals related by blood, marriage, or legal adoption, and not more than four persons not so related, liv- ing together as a single housekeeping unit. Foster -children and domes- tic servants are considered part of a family. FLOOR AREA: Floor area shall be determined by measuring the outside dimensions of all enclosed floor area under roof, excluding garages, open and screened porches, carports, terraces and patios. FRUIT StANDS: A building or structure used exclusively for the retail sale of fruit vegetables, jellies and/or honey. GARAGE, PRIVATE: A detached accessory building•or portion of a main building used for the parking or_storageof automobiles of the occupants of the main building. A carport would be considered a pri- vate garage. GASOLINE SERVICE STATION: Any structure, building or.land, used.. for the dispensing, sale, or offering for sale, at retail, of any motor vehicle fuels, oils or accessories and. in connection with which is per- formed general motor vehicle servicing as distinguished from repair ser- vice. GREENHOUSES: A building wherein the temperature and humidity can be regulated for the cultivation of exotic or out of season plants. GUEST COTTAGES: An accessory dwelling unit which is incorporated in,. attached to, or detached from a principal residential building and which is used exclusively by occupants of the principal residence and/ or for the non-commercial accommodation of persons visiting the occu- pants of the principal dwelling. i HOME OCCUPATION: Any occupation or activity carried on within a residential property, where the activity is conducted only by members of the family living within the residence, where products are not offer- ed for sale from the premises, where no evidence of the occupation is -3- Hoax PAGEW SEP S 19 . SEC. 2 -cont .visible or audible from the exterior of the residential property, where traffic isnot generated in excess of that customary at resi- dentes, and.where no commercial vehicles are kept on the premises or parked overnight on the premises unless otherwise permitted by these regulations. HOTEL: Establishment or building providing lodging, food and other service to transients, travelers and longterm residents for compensation. JUNK: Old and dilapidated automobiles,_ trucks, tractors and other such vehicles and parts thereof; wagons and other kind of vehicles and parts thereof,household appliances, scrap building material, scrap contractors' equipment, tanks, casks, cans, barrels, boxes, drums, pip- ing, bottles, glass, old iron, machinery, rags, paper, excelsior, hair, mattresses, beds and bedding or any other kind of scrap or waste mater- ial which is stored, kept, handled or displayed. JUNK VEHICLE: A vehicle which has not had a current license plate within a six month period and cannot be moved under its own power. JUNK YARD: A plot of ground or buildings on or in which are stor- ed, kept, handled or displayed old and immobile automobiles, trucks, tractors, wagons and such other materials or parts thereof, or scrap materials, old containers, papers, drums, or other -waste material list- ed under junk. KENNEL, COMMERCIAL: Any lot or premises on which four or more dogs, cats or other domestic animals, at least four months of age, are housed or accepted for boarding, trimming, grooming and/or bathing for which remuneration is received. KENNEL, NON-COMMERCIAL: Any building or buildings and/or land 'used, designated or arranged for the boarding;.breeding, or care of dogs, cats, pets, fowl, or other domestic animals belonging to the owner thereof, kept for purposes of show, hunting, or as pets, (but not to include riding stables). LOADING SPACE: A space within the main building or on the same lot, providing for the standing, loading or unloading of vehicles. LOT: As used in this Ordinance, a lot is a lawful building site. Such building site may consist of all, portions or combinations of land parcels described by metes and bounds or lots as shown on a subdivision plat. -4- 800 14 PaGE38Z c F p 8 1971 i C '-r SEC. 2 cont . LOT, CORNER: A lot fronting upon two or more streets at their intersections. LOT, FRONT: That portion of a lot which abuts a street. In the case of a corner lot, the shorter of the two front lot lines. On a cor- ner lot where both front lot lines are equal or within 5 feet of the same length, both such lines shall be considered to be front lines for the purpose of determining required yards. On through lots both front lot lines shall be considered to be front lot lines for the purpose of determining required yards. LOT, INTERIOR: A lot other than a corner lot. LOT OF RECORD: A lot which is a part of a subdivision, the plat of which has been recorded in the office of the Clerk of the Circuit Court of Indian River County. LOT, THROUGH: An interior lot having frontage on two streets. LOT, WIDTH: The distance between side lot lines, measured along the rear'of the required front yard. MARINA: A place for the sale and service of boats and marine supplies, exclusive of boat or ship building or major repairs. MINING: The removal, either in or upon the soil of the earth or beneath the soil, of any valuable inert or lifeless substance formed or deposited in its present position through natural agencies alone, as a commercial business. MOBILE. HOME: A single or multiple family dwelling manufactured upon chassis or undercarriage as an integral part thereof that may be drawn by a self propelled.vehicl.e and designed for transportation after fabrication on public highways on its own wheels or a flat bed or other trailer to the site where it is to be occupied as a dwelling. Upon arrival at the site, mobile homes are complete and ready for occupancy except for minor and incidental unpacking and assembly operations, loca- tion on jacks or permanent foundations, connections to,utilities and other minor adjustments. This definition does not include modular or pre -fabricated homes. MOBILE I1014E PARI:: A tract of land in one ownership, which pro- vides rental spaces for mobile homes. •MOBILE HOME SUBDIVISION: A recorded subdivision of land officially recorded, which provides individual sites, for sale, for mobile homes. MODULAR IfOML: A single or multiple family dwelling.not manufact- S EP 8 1971 k SEC. .2 cont ured upon a separate chassis or undercarriage as an integral part there- of,, which meets all of the specifications of the Southern Standard Build - Code, and designed for transportation after fabrication on a flat bed or other trailer to its building site where it is to be occupied as a dwelling. MOTEL: A building or group of two (2) or more buildings design- ed. and used to provide sleeping accommodations for transients or over night guests, with or without restaurant facilities NONCONFORMITY: A lot, structure, use of land or use of structure, or any combination thereof, which was lawful before this Ordinance was passed or amended, but which would be prohibited under the terms of this Ordinance. NURSING OR CONVALESCENT HOME: A home, institution, building or residence, public or private, whether operated for profit or not, which provides maintenance, personal care or nursing for a period exceeding twenty-four hours to three or more ill, physically infirm, convalescing, or aged persons who are not related by blood or marriage to the -opera- tor. The definition of nursing or convalescent home does not include hospitals, clinics, or similar institutions which are devoted primarily to the -diagnosis and treatment of the sick or injured. PARKING LOT: An area or plot of ground, used for the storage or parking of motor vehicles either for compensation or to provide an accessory service to a business, industrial or residential use. RECREATIONAL AND LANDSCAPED OPEN SPACE: Unroofed or screen roof- ed ornamental landscaped areas and recreational areas which are easily accessible -and regularly available to occupants of all dwelling units on the lot wherein the open space is located. Rooftoas, porches, rais- ed decks, parking spaces, driveways, utility and service areas are not calculated as open.space. RIGHT-OF-t4AY LINE: The boundary line between highway, road or street and a tract or parcel of land adjoining such highway, road or street. The right-of-way line shall be considered the property line. SCHOOLS: Public or private schools that offer'an institution. or place for instruction or education but not including business, secre 'tarsal or vocational schools. SETBACK: The minimum horizontal distance between the street, rear or side lines of the lot and the front, rear or side lines of the build- ina,_including porches and carports. 11hen two (2) ori. ©re lots under Boot14PAut384 SEP -1�7i SEC. 2 cont .one (1).ownership are used, the exterior property lines _shall .be used in determining setbacks. SHOPPING CENTER: A group of retail stores, planned and developed for,the site upon which they are built. SPECIAL EXCEPTIONS: A special exception is a use that would not be appropriate generally or without restriction throughout a particul- -ar zoning district but would, if controlled as. to number, area, location or relation to the neighborhood, be appropriate. STABLE, PRIVATE: A stable with a capacity of not more than one horse for each acre of lot area, whereon such stable is"located, and where such horses are owned by the owners or occupants of the premises and are not kept for remuneration, hire or sale. STABLE, COMMERCIAL: A stable other than a private stable. STORY: That portion of a building included between the surface of any floor and the surface of the next floor above it, or if there be no floor above it, thence the space between such floor and ceiling next a- bove it. STREET: A public, or private, thoroughfare which affords the prin- cipal.means of access to abutting property. STRUCTURE: .Anything constructed or erected, the use of which re- quires, more or less, permanent location on the ground or attached to something having a permanent location on the ground and shall include tents, lunch wagons, dining cars, camp cars, or other structures on wheels or other supports and used for business, industrial or living purposes. STRUCTURE ALTERATIONS: Any substantial change, except for repair or replacement, in the supporting members of a building, such as bear- ing walls, columns, beams or girders, floor joists or roof .joists.. SUBDIVISION: The division and recording in accordance with law of a parcel of land into two or.more lots or blocks for the purpose of transfer of ownership or development for sale. TENANT DWELLING: A residential structure located on a bona -fide farm occupied by a transient farm worker employed on the farm.. TRANSIENT MOBILE HOME PARK: A facility which provides short term parking areas for travel trailers, travel campers and mobile homes, a- long with .the provision of utilities, recreation, and related services. TRANSIENT TRAILER, TRAVEL CAMPER: A vehicle, self -powered or not, designed and/or used for temporary lodging by the user when touring, camping, etc. -7_ @ODS PACE385 . SEP 8 1971 SEC. 2 comnleted SEC. 3 YARD: An open space at grade between a building and the adjoining lot lines, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided herein. In measur- ing ayard easuring,a.yard for the purpose of determining the width of a side yard, the depth of a front yard or the depth of a rear yard-, the minimum horizon- tal distance between the lot line and the structure shall be used. YARD, FRONT: A yard extending across the front of a lot between the side yard lines, and being the minimum horizontal distance between the street line and the structure or any projections thereof, other than the projections of uncovered steps.. On corner lots all yards which abut the street are considered front yards. YARD, REAR: A yard extending across the rear of a lot between the side lot lines and between the rear lot line and the nearest structure. YARD,SIDE: A yard between any structure and the side line of the lot, and extending from the front lot line to the rear.yard and being the minimum horizontal distance between a side lot line and the side of any structure. Section 3. DISTRICTS AND BOUNDARIES THEREOF: In order to classify, regulate and restrict the use of land, water,. buildings and structures; to regulate and restrict the height and bulk of buildings, to regulate the area of yards and other open spaces about buildings; to regulate the intensity of land use, the unincorporated area of Indian River County, Florida, is divided into districts as follows: A AGRICULTURAL DISTRICT R-lE COUNTRY ESTATE DISTRICT R-lAA SINGLE FAMILY DISTRICT R-lA SINGLE FAMILY DISTRICT R -I SINGLE FAMILY DISTRICT R-211 MULTIPLE FAMILY WATERFRONT DISTRICT R-2 MULTIPLE FA14ILY DISTRICT R --3A RETIREMENT DISTRICT R-3 MULTIPLE DWELLING DISTRICT R-lPM PERMANENT 140BILE. IiOME SUBDIVISION DIST. R-1MP MOBILE HOME PARK'DISTRICT R-lTM TRAYSIEVr MOBILE ROME DISTRICT R -IME MOBILE HOME ESTATE DISTRICT R-II'si REST DEIICE-110BILE I101 -'1I DISTRICT B-1 PLANNED BUSIN'E 3 DISA;,LQT SE& 8 1971 ins .4 FALr,{ 83 SEC. 3 cont C-lA RESTRICTED COMMERCIAL DISTRICT C-1 COMMERCIAL DISTRICT LM -1 LIGHT MANUFACTURING DISTRICT M-1 RESTRICTED INDUSTRIAL DISTRICT The boundaries of such districts are hereby fixed and established as shown in the accompanying Zoning Atlas, consisting of sectional maps which are identified by sheet number and an index map. This Zon- ing Atlas is on file in the office of the Board of County Commissioners of Indian River County, Florida. Each sectional man and.the index map are hereby adopted and made a part of this ordinance as if the matters and information set forth by said maps were fully described herein. The boundaries of the, various districts as shown in the Atlas and the sectional map sheets shall be determined by the boundaries as shown and outlined thereon and when not clearly so determined, by use of the scale shown on said maps unless actual dimensions are.noted. Scale and field measurements and map dimensions shall be figured from the center- line of streets, highways, alleys and railroad rights -o£ -way or public waters, as the case may be. Where uncertainty exists as to the exact location of said boundaries, the following rule shall apply: A. Where district boundaries lie on or. within streets, highways, road right-of-way or public water, the district boundaries shall be the centerline of.the same. B. where district boundary lines approximately bi-sect blocks, the boundaries are the median lines of such blocks between the centerline of boundary streets. r k C. Where district boundaries are approximately parallel to a f street, highway, road, alley, railroad right-of-way or public water, the distance of such boundaries from the centerline thereof shall be, unless otherwise shown by dimension, the median block line. . D. In unsubdivided property or where a district boundary divides a subdivided lot, the location of such boundary-, unless the same is in- dicated by dimensions shall be determined by the use of a scale appear- ing on a district. map. Where a district boundary divides a platted lot, the zone classification of the greater portion'shall prevail throughout the lot. E. In case any further uncertainty exists, the Board of Adjust- ment shall interpret the intent of the district map as to location of ! such boundaries. —9— Ono 14 ,Aef3R SEP 8 1971 SEC. 3 completed SEC..4 EXCEPT AS HEREAFTER PROVIDED: 1 1. No structure shall be erected, constructed, reconstructed, .or structurally altered, nor shall any structure or land or combination • i thereof be used.unless the use to.which the structure and/or land is f to be put is listed in the USES PERMITTED section of the zone district in which the land is.located and unless the structure, land, and/or use fully complies with all of the applicable district regulations, ex- cept as allowed under Paragraph J, Section 25, General Provisions. i .2. The minimum area, yards and other open spaces, including the - ti intensity of use provisions contained in this Ordinance for each and every building hereafter erected, constructed, reconstructed or struct- urally.altered, shall not be encroached upon or considered as area, yard or open -space requirements or intensity of use requirements for any other building. 3. In single family districts, everybuilding hereafter erected or structurally altered.shall be located on a lot as herein defined, and, in;no case shall there be more than the principal building and the -customary accessory buildings on one lot or parcel of land. 4. Where front yards, which are yards fronting on a street, may be established on each of two intersecting streets, there shall be a front yard on each street side of a corner lot; provided, however,•that the buildable width of such lot shall not be reduced to less than.30 i feet and provided, further, that no accessory building on a corner lot shall project into the front lot line on either street. 5. Whenever a dwelling is to be erected in a district other than i a residential district, it shall conform to the minimum setback require- ! i ments as set forth in the R-3 Multiple Family District. {� 6. No dwelling shall be erected closer to another dwelling than I� double the minimum setback, restriction except•where two dwellings are erected on a single tract of land. 7. A -building constructed on a site consisting of two lots -must be located either within the required setback from the common or center lot i line, or the building must be constructed on both lots.. F 8. Along the Atlantic Ocean, no building or structure shall be located closer than fifty (50) feet from the western most bluff of the f natural vegetation line'. i Section 4. A -AG RICULTURAL-DISTRICT: I (A) PUidP_USV AND It1TY'.1JT. The purpose and intent of this district is it t..ri�yto :provide unci protect large areas for agricult- ural H• d use activities within which other than agricultural SEP -10- Boca �4 pac,3� 8 1971 SEC. 4 cont uses 'will `be kept to a minimum and/or accessory to -the agricultural use. It is also to be recognized that the agricultural use serves also as a "holding" district and that as urbanization•takes place, lands presently used for agricultural purposes will be subject to change to other land uses. (B) USES PERMITTED. In this district a -building or premises may lie—used only for the following purposes: (1) General farming, including all types of agriculture, horticulture and accessory structures (2) The mining of earth in removing therefrom minerals and other substances, including earth, sand or marl by hy- draulic means or other processes; provided, however, to a condition d surface shall. be restored that the land suitable for development for residential use within 48 months from the time of the original change of the land surface unless s renewal permit is obtained. If any such mining shall continue for a longer time, then the process of restoring the land surface shall follow the process of the mining in order that the restoring of ro the surface shall always continue and progress to meet the'requirements of restoring within the time.provided. Further, that the creation of water areas is specifi- cally permitted, if the banks of such water areas are sloped, graded and dressed up. Such mining shall not be carried on within one hundred and fifty (150) feet of the projected right -of -way -line of any existing or proposed public road, nor within one hundred and fifty (150) feet of the outer perimeter of the land area A mining permit or renewal permit will be issued by the County Administrator only after mined area restoration plans have been submitted to and approved by the Indian River County Zoning Commission and after a performance bond or other acceptable security has been posted+ guaran- teeing the restoration as planned and approved (3) Dairying and commercial raising of livestock and poultry (4) Stables (5) Agricultural research laboratories, provided the struct- ure is completely enclosed and is located on an area of not less than thirty (30) acres (6)Nurseries, including a structure for sale of.products grown on that land, fruit stands and vegetable stands (7) Single family dwellings (8) Schools (9) Churches and other religious and charitable organiza- tions, structures accessory thereto, and appurtenant parking areas (10) Public buildings (11) xome occupations (12) Country clubs and standard golf courses (13) Public recreation areas and their accessory buildings, and parks owned or operated by the State or County (14) Power plants, substations, telephone exchanges and uti1- .ity plants (15) Cemeteries (16) Accessory use and structures customarily associated with and subordinate to the above uses, subject to the condi- tions expressed in Section 25, sub -section (G) (C) SPECIAL EXCEPTIONS. The following uses may be permitted by t e Board oF County Commissioners after a site plan approval and recommendations have been received from the County Zoning Commission according to Section 23. (1) Guest cottages, mobile homes and tenant dwellings as accessory uses (2) Agricultural oriented businesses such as offices, build- ings, assembly hall, fish hatchery and sales. provided it does not adversely affect adjacent land, but not includ- ing wholesale or processing operations -ll- Book 14 Nar"E389 S E P 8 1971 i i i SEC. 4 -completed SEC. 5 (3p Airports and airstrips in.accordance with the require- ments in this Ordinance (4) Industrial uses that are agricultural oriented, pro-. ..vided it does not adversely affect adjacent land { (5) Public and non-public sports and recreational areas } and structures ` (D) BUILDING HEIGHT LIMIT. No buildings or structures shall ex- Geed thirty-five (35) feet, exclusive of elevator shafts and/ or air conditioning condensing units and/or cooling towers • and except as provided in Section 25, paragraphs (A) and (P) of this Ordinance (E) MINIMUM.LOT SIZE AND FLOOR AREA REQUIRED. For the following i specified uses every lot or parcel of land on which a living quarters is located shall provide a living quarters area and a land area of at`least the amount indicated: Square feet area 'of' Land area required per living quarters per (family) unite Dwelling Type (family) -unit Single family 750 5, acres Tenant dwellings 400 Guest cottages 400 each In computing the floor space as required above, the areas occupied by porches, patios, terraces, garagem,.carports, ! covered parking spaces or non -roofed areas shall be exclud- ed. I) �. The minimum width of any lot used for a single family dwell- ing shall be one -hundred and fifty (150') feet. (F) LOT COvERAGE.- Principal and accessory buil4ings shall occupy not more than thirty (30%) percent of the.lot area, exclus- ive of swimming pools. (G) FRONT YARD. Every lot shall have a front yard or street yard . of not less than thirty (30') feet in-depth. (H) REAR YARD. Every lot shall have.a rear yard of not less than thirty (30') feet in depth`. i (I) SIDE YARDS. A side yard shall be provided on each side of less than thirty 30') feet in width. every lot of :not 1 y ( � (J) PARKING REGULATIONS. Off-street parking spaces shall be pro- vided in accordance with the requirements for specific uses set forth in Section 24 of this Ordinance. Section 5. 1 R-lE COUNTRY ESTATE DISTRICT.- ISTRICT:(A) (A) USES PERMITTED. In this district a building or premises may, e use only or the following purposes. li (1) Single family dwellings I� (2) Non-commercial nurseries and greenhouses I (3) Parks and playgrounds owned or operated by the County, State or Federal governments or by the property owners within a development or by civic organizations, or sim- ilar non-profit groups or agencies (4) Stables for non-commercial uses constructed not closer i than two hundred (2001) feet from any property line (5) Accessory uses and structures customarily associated with and subordinate to the above uses subject to the condi- tions expressed in Section 25, sub -section (G) i (B) SPECIAL EXCEPTIONS. The following uses may be permitted by i the Board of County Commissioners after a site plan approval and recommendations have been received from the Zoning Comm - fission according to Section 23. i (1) Guest cottages as an accessory use,,country clubs and I golf courses, public buildings and churches cc�� sect 14 ixr run® -12- i SEP- 8 1971 ME SEC. 5 completed SEC. 6 (C) BUILDING HEIGHT LIMIT. No building or structure shall exceed rty- ive 35) fiiet, exclusive of elevator shafts and/or air conditioning condensing units and/or cooling towers and except as provided in Section 25, paragraphs (A) and (P) of this Ordinance. _ (D) .MINIMUM LOT SIZE AND FLOOR AREA REQUIRED. For the following specific uses, every lot or parcel of land on which a living quarters is located shall provide a living quarters and.a land area of at least the amount indicated: Square feet area of Square feet of land living quarters per area required per Dwelling Type (family) unit (family.) unit Single family one story: 1,600 two story: first floor 1,000 l acre Total 1,600 Guest cottages .400 each In computing the floor space as required above, the areas occupied by,porches, patios, terraces, attached garages, carports, covered parking spaces or non -roofed areas shall be excluded. The minimum width of any lot used for a single family dwell- ing shall be one hundred and fifty (150).feet. (E) LOT COVERAGE. Principal and accessory buildings shall occupy not more than twenty (20%) percent ofthe lot area, exclusive ` of swimming pools. (F) FRONT YARD. Every lot shall have a front yard or street yard of not less than fifty (50') feet in depth, (G) REAR YARD. Every lot shall have a rear yard of not less than thirty . (30' ) feet in depth. (H) SIDE YARDS. There shall be provided a total side yard of eighty (80') feet but no one side yard shall be less than twenty (20') feet in width. (I) PARKING REGULATIONS. Off-street parking spaces shall be pro- Vided pro- Videin accordance with the requirements for specific uses as set forth in Section 24 of this Ordinance. Section 6. R-lAA SINGLE FAMILY DISTRICT: (A) USES PERIdITTED., in this district a building or premises may Be used only for the following purposes: (1) Single family dwellings (2) Non-commercial nurseries and greenhouses (3) Parks and playgrounds owned or operated by the County, State or Federal governments or by the property owners within a development or by civic organizations, or sim- ilar non-profit groups or agencies (4) Stables for non-commercial uses constructed not closer than one hundred (100) feet from any property line (5) Accessory uses and structures customarily associated with and subordinate to the above uses subject to the conditions expressed in Section.25, sub -paragraph (G) (B) SPECIAL EXCEPTIONS. The following uses may be permitted by e Board of County Commissioners after a site plan approval and recommendations have been received from the Zoning Comm- ission according to Section 23. (1) Guest cottages as an accessory use, country clubs and golf courses, public buildings and churches. (C) BUILDING IIEIGHT LIMIT. No building or structure shall ex- ceed thirty-3:ive (35) feet, exclusive of elevator shafts and/or air conditioning cond`nsinq units and/or cooling -13 BflDt 1 .PACE391 SEP 8 1971 ,, SEC. 6 completed SEC. 7 towers and except as provided in Section 25, paragraphs (A) and (P) of this Ordinance. (D) MINIMUM LOT SIZE AND FLOOR AREA REQUIRED. For the following specs is uses, every of or parcelof land on which a living quarters is located shall provide a living quarters and a land area of at least the amount indicated: Square feet area of Square feet of land living.quarters per area required ner Dwelling Type (family) unit (family)unit Single family one story: 1,6.00 two story: first floor 1,000 16,500 Total 1,600 Guest cottage 400 each In computing the floor space as required above, the areas occupied by porches, patios, terraces, attached garages, carports, covered parking spaces or non -roofed areas shall be excluded. The minimum width of any lot used for a single family dwell- ing shall be one -hundred and ten (1101) feet.,.:._ (E) LOT COVERAGE. Principal and .accessory buildings shall occupy not more Mian thirty (30%) percent of the --lot area, exclusive of swimming pools. (F), FRONT YARD. Every lot shall have a front yard or street yard of not less than thirty (30') feet in depth. (G) REAR YARD. Every lot shall have a rear yard-of.not less than twenty- lve (25') feet in.depth. (H)' SIDE YARDS. A side yard shall be provided on each .side of .every iot of not less than fifteen (15) feet in width. (I) PARKING REGULATIONS. Off-street.parking spaces shall be.pro- vided in accor ance with the requirements for specific uses as set forth in Section 24 of this Ordinance. Section 7. R -1A SINGLE FAMILY DISTRICT: (A) USES PERMITTED. In this district a building or premises may Be used only for the following purposes: (1) Single family dwellings (2) Non-commercial nurseries and greenhouses (3) Parks and playgrounds owned or operated by the County, State or Federal governments or.by the property owners within a development or by civic organizations, or sim- ilar non-profit groups or agencies (4) Accessory uses and structures customarily associated with and.subordinate to the above uses, subject to con- ditions expressed in Section 25, sub -paragraph (G). (B) SPECIAL EXCEPTIONS. The following uses may be.permitted by the Board -of County Commissioners after site plan approval and recommendations have been received from the Zoning Comm- ission, according to Section 23. (1) Guest cottages as an accessory use, public buildings, churches, country clubs and golf courses (2) Stables for non-commercial uses constructed not closer than one hundred (100) feet from any property line (C) BUILDING HEIGHT LIMIT. No building or structure shall ex- ceed thirty-five (35) feet, exclusive of elevator shafts and/or air conditioning condensing units and/or cooling towers and except as provided in Section 25, paragraphs (A) and (P) of this Ordinance. -14- 6% 14 eacE392 S E P 8 1971 SEC. 7 completed SEC. 8 (D) MINIMUM LOT SIZE AND FLOOR AREA Rr.QUIRF.D. For the following specific uses, every lot or parcel--o—=and on which a living quarters is located, shall provide a living quarters area and a land area of.at least the amount indicated: Square feet area Square feet of land of living quarters area required per Dwelling. Type per (family)unit (family unit Single family one story: 1,200 two story:.first floor 850 10,000 Total 1,200 Guest cottage 400 each In computing the floor space as,required above,.the areas occu- pied by porches, patios, terraces, attached garages, carports,. covered parking spaces or non -roofed areas shall be excluded. The minimum width of any lot used for a single family dwell- ing shall be one hundred (100) feet. (E) LOT COVERAGE. No principal structure and its accessory structures shall occupy more than thirty (30%) percent of the lot, exclusive of swimming pools. (F) FRONT YARD. Every lot shall have a front yard of not less thiin twenty-five (25) feet in depth. (G) REAR YARD. Every lot shall have a rear yard of.not less than twenty 20) feet in depth. (H) SIDE YARDS. A side yard shall be providedoneach side of every lot of not less than fifteen 115) feet in width. (I) PARXING REGULATIONS. Off-street parking spaces shall be provided in accordance with the requirements for specific uses as set forth in Section 24 of this Ordinance. Section 8.. R-1 SINGLE FAMILY DISTRICT: (A) USES PERMITTED. In.this district a building or premises may e used only for the following purposes: (1) Single family dwellings (2) Non-commercial nurseries and greenhouses (3) Home occupations (4) Parks and playgrounds owned or operated by the County, State or Federal governments or by the property owners within a development or by civic organizations or similar' non-profit groups or agencies (5) Accessory uses and structures customarily associated with and subordinate to the above uses, subject to conditions expressed in Section 25, sub -paragraph -(G) (B) SPECIAL EXCEPTIONS. The following uses may be permitted by the. Board of County Commissioners after site plan approval and recommendations have been received from the Zoning Comm- ission, according to Section 23. (1) Schools (2) Guest cottages as accessory uses, public buildings, churches, country clubs and golf courses (3) Stables for nQn-commercial uses constructed not closer than one hundred (100) feet from any property line (C) BUILDING HEIGHT LIMIT. No building or structure shall exceed t arty -five 35 feet, exclusive of elevator shafts and/or air conditioning condensing units and/or cooling towers and except as provided in Section 25, paragraphs (A) and (P) of this Ordinance. (D) MINIMUM LOT SIZE AND FLOOR AREA RFQUIPED. For the following. specific uses, every lot or Parcel of land on which a living quarters is located, shall provide a living quarters area.and a landarea of at least the xmount indicated: a15_ 14 'PA'A93 83�t SEP , 8-7971 a 0 SEC. 8 completed SEC. 9 Square feet area of Square feet of land living quarters p, -r area required per Dwelling Type (family) unit (family) unit single family one story: 750 two story: first floor 500 7,000 Total 750 Guest cottage 400 each In computing the floor space as required above, the areas occupied by porches, patios, terraces, attached garages, car- ports, covered parking spaces or non -roofed area shall be ex- cluded. The minimum width of any lot used for a single family dwell- ing shall be seventy (70) feet. (E) LOT COVERAGE. No principal structure and its accessory struct- ures shall occupy more than thirty (30%) percent of the lot. Swimming pools are excluded. (F) FRONT YARD. Every lot shall have a front yard of not less an twenty (20) feet in depth. (G) REAR YARD. Every lot shall have a rear yard of not less an twenty (20) feet in depth. (H) SIDE YARDS. A side yard shall be provided on each side of every of of not less than ten (10) feet in width. (I)'' PARKING REGULATIONS. Off-street parking spaces shall be pro- vided in accordance with the requirements for specific uses as set forth in Section 24 of.this Ordinance. Section 9. R -2W MWLTIPLE FAMILY L4ATEP.FRONT DISTRICT: (A) USES PERMITTED. In this district a building or premises may e used only for the following purposes: (1) Single family dwellings (2) Multiple family dwellings (3) Parks and playgrounds owned or operated by the County, State or Federal governments or by the property owners within a development or by civic associations or sim- ilar non-profit groups or agencies (4) Public buildings (5) Accessory uses and structures customarily associated with and subordinate to the above uses, subject to con- ditions expressed in Section 25, sub -paragraph (G). (B) BUILDING HEIGHT LIMIT. No building or structure shall exceed thirty-five (35) feet, exclusive of elevator shafts and/or air conditioning condensing units and/or cooling towers and except as provided in Section 25, paragraphs (A) and (P) of this Ordinance. (C) MINIMUM LOT. SIZE AND FLOOR AREA REQUIRED. For the following specific uses every lot or parcel of land on which living quarters are located shall provide a living quarters area and a land area of at least the• amount indicated: Square feet area of Square feet of land/ living quarters per water area required No. of Dwellings (family) unit per (family) unit .land water total Single family one story: 750 two story: first floor 500 7,000 3,000 10,000 Total 750 Two family or more 600 Three family or more 500 Units not including cooking facilities 300 -16- SEP 8 1971 7,000 3,000 10,000 2,500 2,500 soot 14 pu[394 4 SEC. 9 completed SEC..10' in computing the floor space as required above, the areas occupied by porches, patios, terraces, attached garages, carports, covered parking spaces or non -roofed areas shall be excluded. The minimum width of any lot used for a single family dwell- ing shall be seventy (70) feet, for a two or more family dwelling unit, one -hundred (100) feet. (D) LOT COVERAGE. No principal structure and its accessory build- q Ings shall occupy more than thirty (30%) percent of the lot areas, exclusive of swimming pools.. (E) SEPARATION BETWEEN PRINCIPAL BUILDINGS ON, THE SAME LOT. De- tached principal buildings on the same lot shall be located no closer together than twenty (20) feet plus one (1) foot additional for each additional two (2) feet in height over twenty-five (25) feet in height. (F) FRONT YARD. Every lot shall have a front yard or street yard of not less than twenty-five (25) feet in depth for a building or structure up to and including twenty-five (25) feet in . height, provided that when the structure exceeds twenty-five (25) feet in height, the front yard shall be increased by one (1) foot for each additional two.(2) feet of height or portion thereof. (G) REAR YARD. Every lot shall have a rear yard, or setback, or not less than fifteen (15) feet. If the rear lot line is located within an artificially created waterway, the rear of the main building may be constructed over such an'artificial i waterway, but may not project more than twenty (20) feet be- yond the land line into the water area when the rear,lot line is within such a waterway. (H) SIDE YARDS. A side yard shall be provided on each side of every lot of not less than ten (10) feet for single family dwellings. Multiple family dwellings shall be required to provide a side yard on each side according to the following: 4 Up to 25 feet in height - 15 feet ' 25 feet and over.- 15 feet plus one (1) foot additional for each additional two (2) feet inheight (I)- OPEN SPACE. Every lot in this district used for dwelling pur- poses s a 1 have a minimum of thirty (30%) percent*of the tot- I al lot area set aside for open recreational or landscaped area. No part of any open area shall be used for driveways or parking areas. All landscaped areas shall be planted and ! appropriately maintained in lawn, sod, natural foliage, gar- j dens or ponds. Waterway area shall not be included in cal- culating the open space area. ,I (J) PARKING REGULATIONS. Off-street parking spaces shall be pro v ded in accordance with the requirements for specific uses set forth in Section 24 of this Ordinance. Section 10. R-2 MULTIPLE FAMILY DISTRICT: (A) USES PERMITTED. In this district a building or premises may be used only for the following purposes: j (1) Single family dwellings I (2) Non-commercial nurseries and greenhouses (3) Home occupations (4) Parks and playgrounds owned or operated by the County, State or Federal governments or by the property owners within a development or by civic associations or similar non-profit groups or agencies (5) Public buildings (6) Child care nurseries (7) Accessory uses and structures customarily associated with and subordinate to the above uses, subject to conditions expressed in Section 25, sub -paragraph (G) -17- 8001 14 PAGE395 �. SEP 8 1971 SEC. 10-con't SPECIAL EXCEPTIONS. The following uses may be permitted by the Board of CountyCommissionersafter site plan appro- val and recommendations have been received from the Zoning Commission according to Section 23. (1) Multiple family dwellings (2) Cultural and civic facilities (3) Churches (4) Schools and colleges (5) Country -clubs and golf courses which are not lighted for night play except for putting.courses and driving tees (6) Stables for non-commercial uses constructed not closer than one -hundred (100) feet from any property line (C) BUILDING HEIGHT LIMIT. No building or structure shall exceed thirty-five (35) feet in height, exclusive of elevator shafts and/or air conditioning condensing g units and/or cooling towers and except as provided in Section 25, paragraphs (A) and (P) of this Ordinance. (D) MINIT-IUM LOT SIZE AND FLOOR AREA REQUIRED. For the following specific uses every lot or parcel of land on which living quarters are located shall provide a living quarters area and a land area of at least the amount indicated: Square feet area of Square feet of land living quarters per area required per No. of Dwellings (family) unit (family) unit Single family one story: 750 two story: first floor 500 7,000 Total 750 - Two family 600 5,000 each Three or more family 500. 5,000 each + 2,580 each additional unit beginning with third unit Units not including cooking facilities 300 Same as above In computing the floor space as required above, the areas occupied by parches, patios, terraces, attached garages, carports, covered parking spaces or non -roofed areas shall be excluded. The minimum width of any lot used for a single family dwell- ing shall be seventy (70) feet; for a two or more family dwelling one -hundred (100) feet. (E) LOT COVERAGE. No principal structure and its accessory build- ings shall occupy more than thirty (30%).percent of the lot area exclusive of, swimming pools. (F) SEPARATION BETUEEN PRINCIPAL BUILDINGS ON THE SAME LOT. De- tached principal buildings on the same lot shall be located no closer together than twenty (20) feet plus one (1) foot 'additional for+each additional two (2) feet in height over twenty-five (25) feet in height.. (G) FRONT YARD. Every lot shall have a front yard or street yard bf-not less than twenty-five (25) feet in depth for a building or structure up to and including twenty-five (25) feet'in height, provided that when the structure exceeds twenty-five + (25) feet in height, the front yard shall be increased by one (1) foot for each additional two (2) feet of height or portion thereof. (11) REAR YARD. Same as front yard above. (I) SIDE YARDS. Aside yard shall be provided on each side of everylotof not less than ton (10) feet for single family dwellings.' Multiple family duellings shall be required to provide aside yard on each side according to the following: _18- BOOK 14 PAA96 S E R 8, 1971 1-11_1 SEC. 10 completed SEC. 11 Up to 25 feet in height - 15 feet 25 feet and over - 15 feet plus one (l; foot additional for each additional two (2) feet in height •(J) OPEN SPACE. Every lot in this district used for dwelling' purposes shall have a minimum of thirty (30%) percent of the total area set aside for open recreational or landscap- ed aiea.< No part.of any open area shall be used for drive- ways or ,parking area. All landscaped areas shall be pianted and appropriately maintained in lawn, sod, natural foliage, -gardens or ponds. (K) PARKING REGULATIONS. Off-street parking spaces shall be pro vi ed in accordance with the requirements for specific uses set forth in Section 24 of this Ordinance. Section 11. R -3A RETIREMENT DISTRICT: (A) PURPOSE AND INTENT. The purpose and intent of this district is to provi a housing facilities and services especially de- signed to meet the spiritual, physical and social needs of the retired, elderly, disabled or dependent persons, or for religious, charitable or non-profit uses. A Retirement District shall contain not less than ten (10) acres. No land shall hereinafter be zoned R -3A Retirement District by the Board of County Commissioners until a re- commendation and site plan approval have been received from the zoning Commission according to Section 23. (B) USES PERMITTED. In this district a building or premises %. may be used only for the following purposes: (•1) Single family dwellings and duplexes (2) Multiple family dwellings (3) Non-commercial nurseries and greenhouses (4) Home occupations (5) Parks owned or operated by the property owners within a development or a non-profit group or agencies (6) Guest cottages (7) Convalescent homes, nursing homes, homes for aged, clinics, and hospitals and similar type facilities (8) Educational and religious institutions (9) Accessory uses and structurescustomarily associated with and subordinate to the above uses, subject to conditions expressed in Section 25, sub -paragraph (G) (C) BUILDING HEIGHT LIMIT. No building or structure shall exceed thirty-five (35) feet in height, exclusive of elevator shafts and/or air conditioning condensing units and/or cooling towers and except as provided in Section 25, paragraphs (A) and (P) of this Ordinance. (D) MINIMUM LOT SIZE AND FLOOR AREA REQUIRED. For the following specs is uses every lot or parcel of and on which living quarters are located shall provide a living quarters area and a land area of at least the amount indicated: Square feet area of Square feet of land living quarters.per area required per No. of Dwellings (family) unit (family) unit Single family 800 7,000 Two family 500 5,000 each Three or more family 400 5,000 each + 2,000 each additional unit beginn- ing with third unit Guest cottages 400 2,000 Units not including I cooking facilities 300 11000 In computing the floor space as required above, the areas I -19- r� � 80flt 14 PA -1397 SEP 8_1971 j' l i SEC. 11 completed SEC.'12 occupied by porches, patios, terraces, attached garages,* carports, covered parking spaces or non -roofed areas shall be excluded. The minimum width of any lot used for a single family dwell-. ing shall be seventy (70) feet; for a two or more family dwelling unit, one -hundred (100) feet. (E) a SITE COVERAGE. The total site shall not be covered by build - Ings and structures to an extent of more than thirty (30%) • percent. No principal structure and its accessory buildings shall occupy more than thirty (30%) percent of the lot area, exclusive of swimming pools. (F) SEPARATION.BEWTMT PRINCIPAL BUILDINGS ON THE SITE. Detach- ed principal buildings on the same lot, tract, parcel or site shall be located not closer together than fifteen (15) feet, plus one (1)' foot additional for each additional two (2) feet in height over twenty-five (25) feet in height. (G) FRONT YARD. Every lot shall have a front yard or street yard of not less than twenty-five (25) feet in depth for. a building or structure up to and including twenty-five (25) feet in height, provided that when the structure ex- ceeds twenty-five (25) feet in height, the front yard shall be increased by one (1) foot for each additional two (2) I feet of height or.portion thereof. (H) REAR YARD. Every lot shall have a rear yard of not less thantwenty (20) feet in depth for a building or structure up to and including twenty-five (25) feet in height, pro- %. vided that when the structure exceeds twenty-five (25) feet in height, the rear yard shall be increased by one.(1) foot for each additional two (2) feet of height or portion there- of•. (I) SIDE YARDS. A side yard shall be provided on each side -of every lot of not less than fifteen (15) feet for single fam- ily dwellings. Multiple family dwellings shall be required to provide a side yard on each side according to the following: Up to 25 feet in height - 15 feet. 25 feet and over - 15 feet plus one (1) foot additional for each additional two (2) feet in height. (J) OPEN SPACE. Every site or lot used for residential purposes ghall havii a minimum .of thirty (30%) percent of the total site or lot area set aside for open recreational or landscap- ed area. No part of any open space shall be used for driveways or parking areas. All landscaped areas shall.be planted and appropriately maintained in lawn, sod, natural foliage, gar- dens or ponds. j (K) PARKING REGULATIONS. One•(1) space per five (5) dwelling units and all oyer off-street parking spaces shall be pro- vided in accordance with the requirements for specific uses set forth in Section 24 of this.Ordinance. ! Section 12. R-3 MULTIPLE DWELLING DISTRICT: (A) USES PERMITTED. In this district a building or premises may Be used on y or the following purposes: (1) Single family dwellings (2) Home occupations (3) Parks and playgrounds owned and operated by the County, State or Federal governments or by the property owners within a development or by civic associations or similar non-profit groups or agencies i (4) Public buildings (5) Accessory uses and structures customarily associated with and subordinate to the above uses, subject to con- ! ditions expressed in Section 25, sub -paragraph (G) i p i loot 98 -20- FACE•t� SEP 197 SEC. 12 cont (B) SPECIAL EXCEPTIONS. The following uses may be permitted y the Board of. County Commissioners, after site plan approval and recommendations have been received from the Zoning Commission according to Section.23. (1) Multiple family dwellings (2) Country clubs and golf courses which are not lighted for night play except for putting courses and driving tees (3) Churches, schools and colleges (4) Hotels, motels (5) Restaurants and bars (6) Marinas (C) BUILDING HEIGHT LIMIT. No building or structure shall ex- ceed thirty-five (35) feet in height, exclusive of elevator shafts and/or air conditioning condensing units and/or cool- ing towers and except as provided in Section 25, paragraphs (A) and (P) of this Ordinance. (D) MINIMUM LOT SIZE AND FLOOR AREA REQUIRED. For the following specific uses every lot or parcel o .land on which living quarters are located shall provide.a. living quarters area and a land area of at least the amount indicated: Square feet area of Square feet of land living quarters per area required per No. of Dwellings (family) unit (family) unit Single family one story: 900 two story: first floor 600 7,000 Total 900 ` .Two family 700 5,600 each Three or more family 600 5.,000 each + 2,560 each additional unit beginning with third unit Motel -Hotel 300 1,000 Units not including cooking facilities 350 2,000 In computing the floor space as required above, the areas occupied by porches, patios, terraces, attached garages, carports, covered parking spaces or non -roofed areas shall be excluded. The minimum width of any lot used for a single family dwell- ing shall be seventy (70) feet; for a two or more family dwelling unit one -hundred (100) feet. (E). LOT COVERAGE. No principal structure and its accessory build- ings- uild- ing Mall occupy more than thirty (30%) percent of the lot area, exclusive of swimming pools. (F) SEPARATION BETWEEN PRINCIPAL BUILDINGS ON TIIE.SAME LOT. De- tached principal buildIngs on the same lot shall be located' no closer together than twenty (20) feet plus one (1) foot additional for each two (2) feet in height.over twenty-five (25) feet in height: { (G) FRONT YARD. (1) Residential.:' Every lot shall have a front yard or street yard o not less than fifteen (15) feet in depth for a building or structure up to and including twenty-five (25) feet in height, provided that when the structure { exceeds twenty-five (25) feet in height, the front yard { shall be increased by one (1) foot for each additional two (2) feet of height or portion thereof. (2) Non-residential Uses. Every lot shall have a front yard or street yard o not less than ten (10) feet in depth. -21- Boot 14 PGA99 j SEP � -1971 � r r SEC. 12 completed SEC. 13 (H) REAR YARD. (1) Residential. Every lot shall have a rear yard of not less than twenty (20) feet in depth except lots loca ted on a canal, waterway, -or river shall have a rear yard of not less than thirty (30) feet in depth fora building or structure up to and including twenty-five (25) feet in height, provided that when the structure exceeds twenty-five (25) feet in height, the rear yard shall be increased by one (1) foot for each additional two (2) feet of height or portion thereof. .(2) Non-residential Uses. Every lot shall have a rear yard of not less than fifteen (15) feet in depth. (I) SIDE YARDS. (1) Residential. A side yard shall be provided.on each Me of every lot of not less than ten (10) feet for single family dwellings. Multiple family dwellings shall be required to provide a side yard on each side according to the following: Up to 25 feet in height - 1S feet 25 feet and over - 15 feet plus one (1) foot additional for each additional two (2) feet in.height (2) _ Non-residential Uses. No side yard required. (J) OPEN SPACE. (1) Residential. Every lot in this district used for dwelling purposes shall have a minimum of thirty (30%) percent of the total area set aside for open recreational or land- scaped area. No part of.any open area shall be used for driveways or parking area. All landscaped areas shall be planted and appropriately maintained in lawn, sod, natural foliage, gardens or ponds. (2) Non-residential Uses. Every lot in this district used or non-residentia purposes shall have a minimum of ten (10) percent of the total area set aside for land- scape area. (R) PARKING REGULATIONS.. Off-street parking spaces shall be provided in accordance with the requirements for specific uses set forth in Section 24 of this Ordinance. Section 13. R-lPM PERMANENT MOBILE HOME; SUBDIVISION DISTRICT: (A) PURPOSE. The purpose of this district is to provide an area w e�rea`n mobile homes can be located on a permanent basis in a subdivision provided for that use. A permanent mobile home subdivision shall contain not less than thirty-five (35) contiguous acres. The Zoning Commission may recommend approval of a Mobile Home Subdivision on the basis of a preliminary plat, in accord- ance with the requirements of "The Subdivision Regulations of Indian River County, Florida". No lot or parcel shallbe zoned R -IPM Permanent Mobile Home Subdivision District until such land has been subdivided and platted in accordance with "The Subdivision Regulations of Indian River County, Florida", and recorded by the owner in the official records of -Indian River County. (B) USES PERI,IITTED. In this district a building or premises may be used for only the following purposes: (1) Mobile home subdivisions designed for single family dwellings- one family unit per lot (2) Utility plants, maintenance areas and structures, re- creation areas and structures, administration office and laundry facilities necessary to the successful development and management of a mobile home subdivision —22— Boot 14 fac[460 SEP 8 1971 SEC. 13 con't which uses are shown on the approved preliminary plat plan (3) Accessory structure and uses such as patio awnings, cabana, storage cabinet BUILDING HEIGHT LIMIT. No building or structure shall ex- ceea twenty (20) feet in height except recreational, assem- bly, or clubhouse 35 feet. - MINIMUM LOT SIZE AND FLOOR AREA REQUIRED. (l) Mobile Home Subdivisions. No lot shall contain less an five thousand 5,000) square feet. No mobile home unit shall contain less than five hundred and fifty (550) square feet, measured at the outside peri- meter of the unit at the floor line. (E) LOT COVERAGE. (1) Principal buildings and accessory structures shall not cover more than forty (40A) percent of any individual lot. u (2) Other permitted buildings and structures shall not cover more than thirty (300) percent of any lot or parcel. (f) FRONT YARD. Every lot shall have a front yard of not less than twenty (20) feet in depth. (G) REAR YARD. Every lot shall have a rear yard of not less than twenty (20) feet in depth. (H)`- SIDE YARDS. A side yard.from any principal or.accessory structure shall be provided on each side of every lot of not less than ten (10) feet in width. (I) . DEVELOPMENT STANDARDS AND REQUIPEMENTS. (1) LOCATION. No mobile home or other structure shall be - located closer to any other district boundary than twenty-five (25) feet. (2) DENSITY shall be figured on the basis of the gross land -acreage of the subdivision, exclusive of one-half (1/2) of all area in water and in regulation golf course and shall be limited to eight and seven-tenths.(8.7) mobile home units per gross acre. (3)- STREETS'. All streets shall comply with the County street construction and drainage requirements as set forth in "The Subdivision Regulations of Indian River County, Florida", as amended, In all respects. (4) STREET LIGHTS. Street lighting may be either overhead or low level,- but must be reflected onto'the street. (5) INTER-COIVUNICATION SYSTEMS must not be audible beyond the district boundaries. Public address systems are prohibited. (G) UTILITIES. Each mobile home subdivision shall be sub- ject to State Health Department requirements. Each subdivision shall be required to connect to public water and sewer utility lines except as permitted by the Health Department. (7) ACCESSIBILITY. There must be direct access to the Mo- le Home Subdivision from a public street. (8) OCCUPANCY. After all required improvements have been completed for all or part of the Mobile Home Subdivision to be occupied, the Building Inspector shall certify the completed sites as being approved for occupancy and may issue occupancy permit after the mobile home isin place. -23- SEP 60. ROD% 14 PArAOI (H) SIDE YARDS. Every.mobile home residence shall be located on a space so that no living space is closer to any adjacent living space than twenty (20) feet. No structure shall be located closer than ten (10) feet to any other structure on an adjoining space. (I) DEVELOPMENT STANDARDS AND REQUIREMENTS. (1) LOCATION. No mobile home or other structure shall be located closer to any other district boundary than twenty-five (25) feet. (2) DENSITY shall be figured on the gross land acreage of the total park site, exclusive of one half of all area in water and shall be limited to eight and seren tenths (8.7) mobile home spaces per acre -24- onk 14 PdG( 02 SEP 8 1971 d r SEC. 14 Section 14, R-1MP MOBILE HOME PARK DISTRICT: i (A) PURPOSE. The purpose of this district is to nrovide an area containing not less than twenty (20) contiguous acres, in which mobile homes can be located primarily on land on which mobile home spaces are leased over a long period of _ time. The location of any Mobile Home Park District by the Board of County Commissioners shall become effective after a site* plan approval and recommendations shall have been received from the County Zoning Commission according to Section 23 of this Ordinance. All land improvements shall be made in connection with "The Subdivision Regulations of Indian•River County, Florida", the same as if it were a subdivision, except that it shall not be -required that the plot be -recorded and except as pro- vided in this section. (B) USES PERMITTED. In this district a building or premises may e used or only the following purposes: (1) Mobile home parks designed for single family dwellings - one family mobile home per designated mobile home space (2) Utility plants, maintenance areas and structures, laun- dry, storage and stock rooms, aluminum workshop, ad- ministration office, mobile home sales on mobile home spaces, recreation areas and structures and other sim- ilar facilities and activities necessary to the develop- ment, operation and management of a mobile home park,* which uses shall be shown on the preliminary plan (3) Accessory structures and uses such as patio, awnings, cabana, storage a cabinets and other structures custom- , arily associated with the above uses •(C) BUILDING HEIGHT LIMIT. No building or structure shall ex- ceed twenty (20 fee n g p r assem ceed i height except recreationalassem- - bly or .clubhouse - 35 feet. bly (D) MINIMUM FLOOR AREA REQUIRED. (1) There shall be no minimum floor area required. (E) LOT COVERAGE. (1) Principal buildings and accessory structures shall not j cover more than forty-five (45%) percent of any indi- vidual space. (2) Other permitted buildings and structures shall not cover more than thirty (30%) percent of. any.identified area. (F) FRONT YARD. Every mobile home residence shall be located on space so as to have a front yard of ten (10) feet. (G) I� REAR YARD. Every mobile home residence shall be located on i i( a space so as to have a rear yard of ten (10) feet. i (H) SIDE YARDS. Every.mobile home residence shall be located on a space so that no living space is closer to any adjacent living space than twenty (20) feet. No structure shall be located closer than ten (10) feet to any other structure on an adjoining space. (I) DEVELOPMENT STANDARDS AND REQUIREMENTS. (1) LOCATION. No mobile home or other structure shall be located closer to any other district boundary than twenty-five (25) feet. (2) DENSITY shall be figured on the gross land acreage of the total park site, exclusive of one half of all area in water and shall be limited to eight and seren tenths (8.7) mobile home spaces per acre -24- onk 14 PdG( 02 SEP 8 1971 SEC. 14 completed SEC. 15 (3)- STREETS and roads may be private. Streets shall be Not les than twenty (20) feet in width and contain a pavement.of not less than eighteen (18) feet in width. The type of pavement shall be the same as that required in."The Subdivision Regulations of Indian River County, Florida", except that the base may be: four (4) inches. (4) UTILITIES. Each mobile home park shall be subject to the State Health Department requirements. Each.sub- division shall be required to connect to public water and sewer utility lines except as permitted by the Health Department. (5) PARI: & RECREATION AREAS. There shall be provided a minimum of one 1 acre for the first twenty (20) acres and four hundredths (.04) for each additional acre over 20 acres for park and recreation purposes. (6) ACCESSIBILITY. There must be direct access to the:mo- x e home Dark from a public street. (7) OCCUPANCY. After all required improvements have been completed for all or part of the Mobile Home Park to be occupied, the Building Inspector shall certify the completed sites as being approved for occupancy. Section 15. R-lTM TRANSIENT MOBILE HOME DISTRICT: (A) PURPOSE. The purpose of this District is to provide areas wne e`transient mobile homes, travel trailers, truck campers, ` pick-up coaches, motor homes and similar vehicles suitable for temporary habitations, used for travel, vacation and re- creation purposes can be accommodated for short periods -of time A transient mobile home district shall contain not less than eight (8) contiguous, acres. The location of any Transient Mobile Home District by the Board of County Commissioners shall become effective after a site plan approval and recommendations shall have been received from the County Zoning Commission according to Sec- tion 23 of this Ordinance. (B) USES PEP0ITTED. In this district a building or premises may be used for only the following purposes: (1) Mobile homes, travel trailers, and the like, one family unit per lot or space (2) Retail stores, laundry, dry cleaning, and similar ser- vice facilities for the sole convenience of the tenants -(3) Utility and sanitary facilities, maintenance areas and structures, recreational areas and structures and ad- ministration office (4) Accessory structures and uses to the above, but not in- cluding external appurtenances such as carports, caba- nas, or patios attached to a travel trailer. The re- moval of wheels and the placement of the mobile home unit on a permanent foundation is prohibited except that the residence of the owner or manager.may be allow- ed to be placed as a permanent unit. (C) BUILDING IiEIGHT LIMIT. No building or structure shall ex- ceed twenty (20) feet in height. (D) MINIMUM FLOOR AREA REQUIRED. (1) There shall be no minimum floor area required. (E) LOT COVERAGE. No individual lot or space shall be covered Bybuild—IH-Tor structure by more than forty (40%) percent. 14 PA' 440 3 SEP 8 1971 SEC. 15 completed SEC. 16 (E) FRONT YARD. Every individual lot or space shall.have a front yard of not less than twenty (20) feet in depth. (G) REAR YARD. Every individual lot or space shall have a rear yard of not less than ten (10) feet in depth. '(H) SIDE YARDS. A side yard shall be provided on each side of every of of not less than.twenty (20) feet in width. One : side yard can have all twenty (20) feet with no space on the other side. (I) DEVELOPMENT STANDARDS AND REQUIREMENTS. (1) LOCATION. No mobile home or other structure shall be. To—catea loser to any other district boundary than twenty-five (25) feet. (2) DENSITY shall be figured on the gross land acreage -of the total site, exclusive of one-half of all area in water and shall be limited to fourteen (14) lots or spaces per gross acre. (3) STREETS and roads may be private. Streets shall be not fess than twenty (20) feet in width and contain a pavement of not less than eighteen (15) feet in width. The type of pavement shall be the same as that required in "The Subdivision Regulations of Indian River County, Florida", except that the base may be four (4) inches. (4) Each space shall contain a stabilized vehicular park- ing pad composed of marl, shell, paving or other suit- able material. (5) A minimum of ten (10%) percent of the -gross site area of the -Transient Mobile Home District shall be set a- side as common use area for open or enclosed recreation- al facilities. (6) Sanitary facilities and water facilities for Transient Mobile Home Districts, shall be in accordance with re- quirements of the Division of Health of the State of Florida. (7) After all required improvements have been completed for a Transient :iobile Home District,'or an approved con- struction portion of the district, the Building Inspect- or shall certify the completed sites as being approved for occupancy. Section 16. R -114E 140BILE HOME ESTATE DISTRICT: (A) USES PER14ITTED. In this district a building or premises may Fe used for the following purposes: (1) Mobile homes designed for single family.dwelling, one family unit per lot (2) Stables for non-commercial uses constructed not closer than one hundred (100) feet from any property line (3) Accessory structures or uses such as patio awnings., cabana and storage cabinet. All mobile homes shall be placed on permanent foundations (B) BUILDING HEIGHT LIMIT. No building or structure shall ex- ceed twenty 20feet in height. (C) MINIMU`i LOT SIZE AND FLOOR AREA REQUIRED. No lot within.an. approved district shall contain less than five 15) acres. No mobile.home unit shall contain less than five hundred and fifty (550) square feet measured at the outside peri- meter of the unit at the floor line. _26 0. - E�OxO4 SEP 8 1971 SEC. 16 completed SEC. 17, SEC. 18 (D) LOT COVERAGE. Principal buildings and, accessory structures shall not cover more than twenty (20%) percent of any indi- vidual lot, exclusive of swimming pools. (E) FRONT YARD. Every lot shall have a.front yard of not less than they (30).feet in depth. (F) REAR YARD. Every lot shall have a rear yard of not less an thIrty (30) feet in depth. (G) SIDE YARDS. A side yard shall be provided on each side of every lot of not less than thirty (30) feet in width. (H) ACCESSIBILITY. There shall be direct access to the Mobile Home Estate District from a public street. (I) PARKING. There shall be provided two parking spaces for eaacc i mobile home unit. Section 17. R-1RM RESIDENCE -MOBILE HOME DISTRICT: (A) USES PERMITTED. In this district a building or premises may e used only for the following.purposes. (1) Mobile homes designed for single family dwelling, one family unit per lot (2) Single family dwellings including conventional con- struction and factory built dwellings (3) Accessory structures or uses such as awnings, cabana, and storage cabinet. All dwellings 'shall be placed on ,. permanent foundations (B) BUILDING HEIGHT LIMIT. No building or structure shall ex- ceed twenty feet in height. (C) MINIMUM LOT SIZE AND FLOOR AREA REQUIF.ED. No lot shall con- tain less than 10,000 square feet. Pio mobile home unit shall contain less than five hundred and fifty (550) square feet measured at the outside perimeter of the unit at the floor line. (D) LOT COVERAGE. Principal buildings and accessory structures shall not cover more than thirty (30%) percent of the lot,.. exclusive of swimming pools. (E) FRONT YARD. Every lot shall have a front yard of not less- 't�han twenty-five (25) feet in depth. (F) REAR YARD. Every lot shall have a rear yard of not less than twenty 20) feet in depth. (G) SIDE YARD. A side yard shall be provided on each side of. every lot of not less than fifteen (15) feet in width. (H) PARKING. There shall be provided two parking spaces for each one family dwelling or unit. Section 18. B-1 PLANNED BUSINESS DISTRICT: (A) The "B-1 Planned Business District" is intended for zoning. of areas for business purposes, which areas are along high- ways and/or located in such relationship to residentially zoned property that special provisions are necessary for the adequate protection of the residential property while at the same time.permitting a reasonable utilization of the business property and the efficient functioning of the permissible business activities thereon. The requirements of this dis- trict are designed to minimize conflict between local and through vehicular traffic and pedestrian and vehicular traff- ic. -27- a��r 4.4 F,a :t 465 SEP 8 :1971 SEC. 18 cont These -objectives can only be defined in.general terms, and their realization will depend on the details of design of the buildings, structures, appurtenances, and facilities for.traffic, parking and service in connection with the use, development, and maintenance of such business zoned areas. Therefore, review and approval of the site and development plans, in accordance with Section 23 of this Ordinance, are required for each plot in a B-1 District. (B) USES PEP11ITTED. In this district a building or premises may e used for only the following purposes: (1) Professional offices, financial institutions, barber shoos, beauty salons, florist shoos, photographic stud-. ios,-real estate,offices, retail stores and shops,.ade- partment stores, supermarkets and similar uses but ex- PresslY excluding gasoline service stations (2) Restaurants and bars including "side -walk cafes" and "take-out" establishments, but expressly excluding any "curb -service", "drive-in stands" and similar "drive- in" type establishments (3) Residential dwelling(s) provided that they are not the primary use of the lot and provided they are not locat- ed on the main street frontage at the ground level (4) Motels and hotels (5) Self service laundromats and similar type establishments (6) Bakery, but only when the products are sold on the pre- mises (7) New automobile sales and service within enclosed build- ings. Used car display and sales as an accessory use to new automobile sales and service located on the same lot, provided oven sales lots are screened from highway view by decorative block wall, planting or some other similar method i Part (8) Parking garage or parking lot as p r of a permitted use on the same site or 'located within 300 feet of the principal use it is to serve (9) Commercial amusement including theaters; commercial - games and sports including miniature golf courses, driving range, archery, bowling alleys, and the like, provided the sport activity is located at least fifty (501) feet from any P. -District (10) Vocational School, including trade, secretarial, art, professional, music, dancing and dramatic schools (11) Public buildings (12) Accessory uses or structures customarily incidental to theabovepermitted uses (C) BUILDING HEIGHT LIMIT. No building or structure shall exceed thirty-five (35) feet in height, exclusive of elevator shafts and/or air conditioning condensing units and/or cooling towers, except as provided in Section 25, paragraphs (l,) and (P) of this Ordinance. (D) MINIMUM -LOT SIZE AND FLOOR AREA REnUIPYD. (1) For the following specified uses every lot or parcel of land shall provide a living quarters area and a land area for each family unit of at least the amount indicated, Square feet area of Square feet of land living quarters per area required per Use (family) unit (family) unit Multiple dwellings 600 2,100 1Iotel or motel unit 300 1,200. (including closets & . bath) (2) Non-residential Uses. Every lot shall have not less than one -hundred 100) feet in.width and ten thousand (10,000) square feet in area. (E) LOT COVERACI3. No principal building or structure shall occupy mare lniii forty (40^,) percent of the lot. 14 PAGE406 SEC. 18 cnmpieted SEC. 19 (F) FRONT YARD. No building or structure except signs shall be located closer than seventy-five (75) feet to any es- tablished or proposed highway right-of-way line. (G) REAR YARD. INo building or structure shall be located 'clos- � erer tE n Tifteen (15) feet in depth to the rear lot line. (H) SIDE 'YARDS. . (1) Multiple dwelling, Hotel -Motel Uses shall be required to provide a side yard on each side according to the following: Up to 25 feet in height - 15 feet 25 feet and over - 15 feet plus one (1) additional foot for each additional two (2) feet in height (2) Non-residential Uses. No side yards shall be required (I) USES OF SETBACK AREA OF ANY YARDS ABUTTING A STREET RIGHT- OF-WAY. The purposes of .requiring yards is to provide parking and open space and to minimize conflict with vehicles moving on the highway. (1) The first five (5) feet of any yard abutting a highway right-of-way shall be used as a landscaped area for safety purposes (2) Within said landscaped area, no paving•shall be per- mitted except for ingress and egress driveways and sidewalks and such driveways and sidewalks shall be • located generally perpendicular to the street lot line. Driveways shall be kept to a minimum in number and width (3) The required landscaped area where not used for drive- ways and sidewalks shall be planted and maintained in lawn, sod and/or landscaped, including.flower beds, shrubs, hedges, statuary or ornamental objects not over three (3) feet in height and trees may be planted so'as not to obscure the vision of the driver of a vehicle (J) OPEN AREA. Every lot used for multiple dwelling, hotel -motel purposes shall have a minimum of twenty-five (25%) percent of the total area set aside for open recreational or land- scaped area. No part of any open area shall be used for drive- ways or parking area. All landscaped areas shall be planted or maintained in lawn,sod or natural foliage. (K) OFF-STREET PARKING REQUIREMENTS as set forth in Section 24. (L) SPECIAL REQUI-REMENTS. (1) Garbage containers shall be placed below ground or in containers sized for the needs of the multiple dwelling, motel, or business individually or on a joint basis or in an enclosed area which would be so located as not to be visible from a street or residential district. Section 19. C-lA RESTRICTED COMMERCIAL DISTRICT: (A) USES PER14ITTED. In this district a building or premises may Be used only or the following purposes: l (1) Publicly owned or operated parks and playgrounds (2) Public buildings (3) Commercial nurseries or greenhouses (4) Country clubs and golf courses which are not lighted for night play except for putting courses and driving *tees (5) Residential dwelling(s) provided that they are not the primary use of the lot and provided they are not located on the main street frontage at the ground level (6) Hotels, motels, bars, night clubs and restaurants, but not including drive-in restaurants or eating places (7) Offices, banks and financial institutions, thezt;ers, nnr- sonal services esta1)liailmants, fruit and vegetable EP 1971 • S^C. 19 completed SEC. 20 commercial and private parking lot and storage garages, grocery stores,.drug stores, and any other retail busi- ness or commercial enterprise similar thereto. (8) Medical clinic, but not animal hospital (9) Art and photograph studios and galleries (10) Barber and beauty shops (11) Shoe repair shops (12) Laundry and dry cleaning pick-up establishments; no laundering or dry cleaning on the premises (13) Motion picture and live theaters but not including drive-in theaters (14) Tailoring, millinery, garment alteration and repair (15) Churches (16) Libraries and museums (17) Accessory uses and structures customarily associated with and subordinate to the above uses, subject to con- ditions expressed in Section 25, sub -paragraph (G). (B) SPECIAL EXCEPTIONS. The following uses may be permitted by e Board of County Commissioners, after site plan approval and recommendations have been received from -the -Zoning Comm- ission according to Section 23. (1) Marinas with a height limitation of 35 feet (2) Drive-in.businesses (3) Gasoline service stations (4) Child nurseries (5) Veterinary hospitals, boarding kennels, provided activi- ties are carried on within soundproof, air conditioned buildings and no outside animal runs are permitted (6) Lumber yards (C)`• BUILDING HEIGHT LIMIT. No building or structure shall ex-. Geed thirty-five 35) feet in.height, exclusive of elevator shafts and/or air conditioning condensing units, and/or cool- ing towers and except as provided in Section 25, paragraphs (A) and (P) of this Ordinance. (D) FRONT YARD. Every lot shall have a front yard or street yard o -f not legs than ten (10) feet in depth. !� (E) ! REAR YARD. Same as front yard above. (F) SIDE YARDS. Commercial Uses - No side yard is required except when the of ss adjacent to a residential district, and in that event a 10 -foot side yard is required. i Residential Uses - Side Yard - 10 feet (G) EXPLOSIVE MATERIAL. Where an above ground storage of gasoline, petroleum oils or other inflammable fluids are permitted, then as to any such facility for storage having a capacity in ex- cess of 500 gallons shall be in compliance with the National Fire Protection Association requirements. i. (H) PARKING REGULATIONS. Off-street parking spaces shall be pro- vided in accordance with the requirements for specific uses as set forth in Section 24 of this Ordinance. Section 20. C-1 COMMERCIAL DISTRICT: ) (A) USES PERMITTED. In this district a building or premises may'. Be used only for the following purposes: i! (1) Public buildings and recreational facilities. i (2) Retail sales establishments, provided all merchandise shall be stored and displayed in an enclosed building. Retail sales establishments may include incidental pro- cessing, repair and rental activities,, provided they are accessory and subordinate to the retail sale use, and provided all storage, processing and repair of mer- chandise occurs within the principal building -30- race -14 PA cE4O8 SEP 8 ign SEC. 20 cont (3) Residential dwellings) provided that they are not the primary use of the lot'and provided they are not located on the main.street frontage at the ground level (4) Hotels, motels, bars, night clubs and restaurants but not including drive-in restaurants or eating places (5) Banks and financial institutions (6) Professional, business and utilities offices and ser- vices (7) Medical clinics, but not animal hospitals (8) Art and photograph studios and galleries (9) Private clubs (10) Barber and beauty shops (11) Shoe repair shops (12) Laundry and dry cleaning pick-up establishments; no laundering or dry cleaning on the premises (13) Motion picture and live theaters, but not including drive-in theaters (14) Tailoring, millinery, garment alteration and repair (15) Churches (16) Commercial.and private parking lots and parking garages (17) Small appliance repair business (18) Printing reproduction and publishing (19) Marinas (20) Bowling alleys, pool and.billiard parlors (21) Veterinary hospitals and boarding kennels provided acti- vities are carried on within soundproof, air conditioned buildings and no outside animal runs are permitted (22) Business schools (23) Funeral homes, undertaking establishments "(24) Automobile rental business, including truck or trailer rentals (25) New and used automobile sales, mobile home and trailer sales (26) Libraries and museums (27) Accessory uses and structures customarily associated with and subordinate to the above uses, subject to conditions expressed in Section 25, sub -paragraph (G) (B) SPECIAL EXCEPTIOI�iS. The following uses may be permitted by t e Boara of County Commissioners, after site plan approval and recommendations have been received from the Zoning Comm- ission, according to Section 23. (1) Amusement or recreational uses, not listed as permitted uses (2) Gasoline service stations (3) Drive-in businesses (4) Automobile cleaning business (5) Fruit and vegetable packing houses, but not including processing plants (6) Commercial fisheries (C) BUILDING HEIGHT LIMIT. No building or structure shall ex- ceed thirty-five 35 feet in height, exclusive of eleva- tor shafts and/or air conditioning condensing units and/or cooling towers and except as provided in Section 25, para- graphs (A) and (P) of this Ordinance. (D) FRONT YARD. Every lot shall have a front yard or street yard of not less than ten (10) feet. (E) REAR YARD. Same as front yard above. (F) SIDE YARDS. Commercial Uses - No side yard is required except when the of is adjacent to a residential district, and in that event a 10 -foot side yard is required Residential Uses - Side Yard - 10 feet. -31- %. '4 F'AA09 SEP 8.197 Y SEC. 20 completed SEC. 21 EXPLOSIVE MATERIALS. Where an above ground storage of gaso- line, petroleum oils or other inflammable fluids are per- mitted, then as to any such facility for storage having a capacity in excess of 500 gallons shall be in compliance with the National Fire Protection Association requirements. PARKING REGULATIONS. Off-street parking and loading spaces shall be provided -in accordance with the requirements of specific uses set forth in Section Z4 of this Ordinance. Section 21. LM -1 LIGHT MANUFACTURING DISTRICT: (A) USES PERMITTED. In this district a building or premises may e use or only the following purposes: (1) Light manufacturing or fabricating plants,, enclosed stor- age structures, and incidental accessory structures which meet the following standards. a. All operations must be conducted, and -all materials and products must be stored within the buildings of the plant. All waste materials must be stored while on the premises in a screened enclosure which is to be counted as part of the area allowed to be cover-. ed by buildings and structures b, No processes resultinq-in creation of visible smoke from the burning of fuels are permitted c. No process emitting an odor, nuisance or noise beyond .the plant site is permitted. Where odors or noise are produced, and provisions for eradication within w. a building are provided, the burden of successful elimination of the odors or noise shall rest on the occupant of the premises - d. Dust and dirt must be confined within the buildings of the plant. Ventilating and air -filtering devices must be provided as required by applicable building and sanitary codes e. All provisions of the State Air and Water Pollution Control Act shall apply and permits for construction and operation shall be required f. operations creating glare shall.be so shielded that the glare cannot be seen from outside the plant site g. Where processes involve the disposal of industrial wastes, approval of the proposed method of disposal by the County Health Officer, the Director of Mos- quito Control and the Regional Engineer, Southeast Region Air and Water Pollution Control Department must be secured and presented to the County Building Department before a building permit will be issued h. Off-street loading areas for handling all materials and products must be paved or treated to prevent dust and screened from view from outside the plant site. Screening shall be trees, shrubbery or fencing. Driveways and parking areas shall be paved or stabi- lized and dust free i. Grounds shall be landscaped and neatly maintained l (2) Commercial and retail uses designed to serve primarily the needs of the employees in the area. (B) ;BUILDING ITEIGHT`LIMIT. No building or structure shall ex- r Geed forty 40) feet in height. j (C) STANDARDS. Since the size and nature of the uses permitted may vary widely, no minimum size lot or floor area shall be ' required. Instead, yard setback requirements shall be used to attain an industrial park -like atmosphere keeping in mind future expansion needs. , (D) LOT COVFRAGr. No principal building or structure and its accessory structure shall occupy more than forty (40%) per- cent of the lot. 1 -32- Boot 14 PAGE410 i SEP 8 1"J" SEC. 21 completed SEC. 22 (E) FRONT YARD. Every lot shall have a front yard or street.yard of not less than twenty-five (25) feet in depth. (F) REAR YARD. Every lot shall have a rear yard of not less than twenty (20) feet in'depth. (G) ShDE YARDS. ,A side yard shall be provided on.each side of every lot of not less than ten (10) feet ,in width. (H) PARKING REGULATIONS. Off-street parking spaces shall be provided in accor ince with the requirements for specific uses as set forth in Section 24 of this Ordinance. Section 22. M-1 RESTRICTED INDUSTRIAL DISTRICT: (A) ,.USES PERMITTED. In this district a building or premises may Be use on 1yor the following purposes: (1) Retail, wholesale, rental, distribution, auction and/or storage of new or used goods (2) Maintenance, repair, reconditioning, cleaning, transport- ation, utilities, printing, cooking, fruit and vegetable packing and/or processing, packaging and processing, test- ing, light manufacturing and/or assembling operations (3) Veterinarian hospitals or clinics, boarding kennels (4) Research and development -industries (5) Building storage yards, contractor's plants or storage yards (6) Coal and wood yards (7) Ice plants (8) Commercial laundries (9) Machine shops (10) Stone yards (11) Storage warehouses, or any business of general wholesale type '(12) Light manufacturing or industrial plants except those emitting noise, light, smoke, dust, fumes or obnoxious or harmful odors beyond the property limits, or causing air or water pollution in a measureable degree (13) Agricultural research laboratories (14) Accessory uses and structures customarily associated with and subordinate to the above uses, subject to con- ditions expressed in Section 25, sub -paragraph (G) (B) SPECIAL EXCEPTIONS. The following uses may be permitted by the Board o€ County Commissioners, after site plan approval and recommendations have been received from the Zoning Comm- ission according to Section 23. (1) Gasoline service stations (2) Auto race tracks (3) Junk and salvage yards Storage or bailing of rags, iron, paper, wrecked or non - usable automobiles or junk, provided the operation is enclosed with a fence not less than six (6) feet high which will obscure the view of said operation and pro- vided cars shall not be piled one on the other. (C) BUILDING HE LIMIT. No building or structure shall exceed thirty-five eet in height, exclusive of elevator shafts and/or air conditioning condensing units and/or cooling towers and except as provided in Section 25, paragraphs (A) and (P) (D) MINIMUM SIZE LOT AND FLOOR AREA. None. (E) LOT COVERAGE. No minimum. (F) SEPARATION BETWEEN BUILDINGS ON THE SAME LOT. None required. -33- sooe 14 PAu[ 411 SEP 81971 . SEC. 22 completed SEC. -23 (G) FRONT YARD. Every lot shall have a`front yard or street yard of not less than ten (10) feet in depth. (H) REAR YARD. Same as front yard. (I) SIDE YARDS. No side yards shall be required except for those uilings or structures holding or containing liquid or mater- ial having an explosive capability in which event there shall be a side yard on each side of not'less than thirty (30) feet in width. (J) OFF-STREET PARKING REQUIREMENTS as set forth in Section 24. Section 23. SITE PLAN APPROVAL Whenever site plan approval is required in this Ordinance, the following procedures and requirements shall be followed. (A) SITE PLAN REVIEW - PROCEDURE: No building or structure, or part thereof, shall be erected, or used, or land or water.used, or any change of use consumma- ted, nor shall any building permit be issued therefor, unless a site plan for such building, structure or use shall have been reviewed by the County Zoning Commission. (1) Before such site plan shall be approved, an application for such approval shall be filed with the County Admin- istrator. ' (2) An application shall be in a form substantially in accord- ance with the form prescribed by the County Administrator's office, copies of which may be obtained from the Zoning Department of the County. The authority for a person other than the owner(s) to sign such - application must be attached to and accompany said application. (3) The application shall be forwarded to the County Zoning Commission which shall then proceed to make appropriate studies and/or reviews required to make an appropriate recommendation, and it may consult the views of the Planning Director. This shall be done with deliberate haste by all departments and commissions, so as to pre- vent inconvenience and delay to the project. (B) Any such building, structure or use shall be erected, altered, installed and maintained in fullconformitywith the provision of the zoning ordinance and with a site plan approval by the County Zoning Commission. • (C) In reviewing such site plan, the County Zoning Commission shall consider the location, size, height, spacing, appear- ance, character and utilization of any building, structure or use and their appurtenances, access and circulation of vehicles and pedestrians, streets, parking area, yards and open spaces, landscaping and relationship to adjacent prop- erty. (D) The County Zoning Commission shall not approve such plan un- less it finds that such site plan conforms to all applicable , provisions of the zoning ordinance, that the -safety and con- venience of the public are properly provided for, that ade- quate off-street dequate'off-street parking and loading facilities are provided for owners, tenants, visitors and employees, and that ade- quate protection and separation are provided for contiguous and nearby residential property. (E) The County Zoning Commission may attach to its approval of a site plan any reasonable conditions, limitations or require E -34- Roo, 14 PAGE412 SEP 8 1971 , SFC. 23 cont ments which are found necessary in its judgment to effect- uate the purposes of this section and carry out.the spirit' and purpose of the zoning ordinance. (F) A site plan, for the purposes of this section, shall include, but not necessarily be limited to, the following plans, de- signs, specifications and information: (1) Site plan with grades or contours (2) Elevations, floor plans and uses of all building's -and structures (3) Location and character of all outside facilities for waste disposal (4) All curb cuts, driveways, parking areas, loading areas, and surfacing materials of same (5) All pedestrian walks, mall, yards and open spaces - (6) Location, size, character, height and orientation of. all signs (7) Location, height and general character of walls and fences (8) Location and general character of landscaped areas The applicant may, at his option, submit a preliminary site plan sketch indicating a general idea of how it is proposed to develop the parcel. Upon approval of the sketch, the application can then proceed to have.a detail site plan pre- pared in accordance with the requirements in this Section. (G) MODIFICATION OF SITE PLAN. Any change in use of buildings, structures, -land or water, or institution of new uses, or alteration of or additional buildings or structures or erection of new buildings or structures shall be in accordance with a new or modified site plan conforming and approved pursuant to this section. (H) APPROVAL NOT TRANSFERABLE - TIME LIMIT. Whenever site approval shall have been granted, it shall not be considered to run with the land. The site plan approv=a shall terminate twelve (12) months thereafter, if construct ion has not been started. Extensions may be made by the Board of County Commissioners at its discretion. In the event the property receiving site plan approval, shall be sold, transferred, leased, or the ownership thereof changed in any way whatsoever, the site approval shall become nyll and void. (I) SITE PLAN APPROVAL - PROCEDURE. Upon the approval of such site plan by the County Zoning Commission, a building permit may be issued by the Build- ing Department of the County, provided, however, any appli- cant for site plan approval, or.any other person having any legal interest therein may file an appeal to the Board of County Commissioners to review the action of the County Zon- ing Commission in allowing or disallowing such application for site plan approval, which appeal shall be in writing and filed with the Building Department within ten (10) days from the date of the final action of the County Zoning Commission, and shall be transmitted to the Board of County Commissioners by the Building Department.. The Board of County Commissioners shall thereupon set a date for a public hearing with regard to such appeal, after giving public notice thereof in such manner as the Board of County Commissioners shall prescribe, at which time all interested parties shall have the right to appear.before the Board of County Commissioners in regard thereto and the Board of County Commissioners shall thereupon render its decision therein. The decision of the Board of County Commissioners shall.be final, unless otherwise appeal- ed to the courts. -35- Book : 14 faGE413 1971 SEC. 23 completed SEC. 24 No permit shall be granted by the Building Department of the County until the time for appeal from the decision of the County Zoning Commission.as herein provided shall have expired. When an appeal is so filed, no such permit shall be issueduntil after finalal determination of such appeal has been made. Section 24. OFF-STREET PARKING AND LOADING REGULATIONS:- • For the purpose of this Ordinance, such "Offstreet Parking Space" shall consist of a minimum net area of two hundred (200) square feet of appropriate dimension with driving sur- face for the parking of an automobile, exclusive of access drives or aisles thereto. There shall be provided on the building site at the time of the erection of any building or structure, or at the time any building or structure is enlarged or increased in ca - pa -city by adding dwelling units, guest rooms, floor area or - seats, minimum off-street parking space with adequate pro- visions for ingress and egress by an automobile of standard size, in accordance with the following requirements. (A) PARKING. (1) SINGLE FAMILY DWELLINGS. Two spaces for each single family dwelling (2) MULTIPLE FAMILY DT•lELLINGS. Two spaces for each dwell- ing unit up to forty 0 units; two and gne-half a spaces for each dwelling unit over forty units (3) CHURCHES, TEMPLES, PLACES_OF WORSHIP, PUBLIC BUILDINGS, PUBLIC ASSE:IBLY. One space for each three seats (4) GENERAL CO ..-IERCIAL ESTABLISHMENTS. One space per two hu -n re 200 square feet of gross building area (5) HOTELS -MOTELS. One and one-half spaces per unit (6) HOSPITALS, SANITARIUMS. One and one-half spaces per bed (7) CONVALESCENT, IiO:uES, HOMES FOR THE AGED, RETIP.F._MENT HOMES, URSING IIOMES. One space per two beds (8) VETERIEARY HOSPITALS, BOARDING KENPIELS. One space per 500 square feet of gross building area (9) LIBRARIES, MUSEUMS. One space per 300.square feet of gross building area (10) PROFESSIONAL OFFICES OR CLINICS. One space per 300 square feet of gross buil2ling area (11) RESTAURANTS OR BARS. One and one-half spaces per 100 square feet of gross floor area (12) RkNTUFACTURING, -WHOLESALING AND STORAGE BUSINESSES WFICH DO NOT SELL OVER THE COUNTER PRODUCTS TO THE GEt4ERNL PUB- LIC FROM TILE PREMISES. One space per 500 square feet of gross floor area (13) BOWLING ALLEYS. Ten spaces per bowling lane (14) IIARINAS. One space per 300 square feet of principal wilding plus one space per three boat storage spaces (15) SCHOOLS. Schools will be treated a. Hig�h, Schools - one space for each four students b. Junior High&Elementary Schools - one space for Ta—ch ten students (16) BUSINESS AND VOCATIONAL SCHOOLS. One parking space for each three students (17) OTHER USES. Off-street parking requirements for any use not specifically mentioned in this section shall be the same as for the most similar use listed. -36- 14 PAGE*411. SEP 81971 (B) LOCATION OF -PARKING. (1) Parking spaces for all dwellings shall be located on the same lot or on an adjoining lot to the main build- ing being served (2) Parking spaces for other mes shall be provided on the same lot or not more than five hundred (500) feet dis- tant as measured along the nearest pedestrian walkway. (3) Parking requirements for two or more uses of the same or different types, may be satisfied.by, the allocation of the required number of spaces for each use in a common parking facility (C) ENTRYS, EXITS, DRIVES AND VEHICLE MANEUVERING AREAS. (1). All uses which are required to provide three or more off-street parking spaces shall have entry and exit ways and drives at least IS feet in width to accommodate two- way traffic unless a one-way traffic system is utilized, in which case entry and exit ways and drives shall be at least 9 feet in width. In the event a one-way .traff- system is utilized, appropriate traffic direction mark- ers shall be installed. Drives and maneuvering areas shall be designed to permit convenient maneuvering of cars and service vehicles into and out of each parking and loading space, and shall be so arranged that no vehicle need back onto a public right-of-way. No occu- pied parking or loading space shall interfere with access to any other parking or loading space, or with any pedes- trian walkway. (D) OFF-STREET LOADING REGULATIONS. The following spaces shall be provided for the uses indicated. (i) Every hospital, institution, hotel, commercial or indust- rial building or similar use having a floor area in ex- cess of ten thousand (10,000) square feet requiring the receipt or distribution by vehicle of materials and mer- chandise , shall have at least one.permanently maintained off-street loading space for each five thousand (5,000) square feet of gross floor area or.fraction thereof. (2) Retail operations, wholesale operations and industrial operations with a gross floor area of less than ten thousand (10,000) square feet, shall provide sufficient space so as not to hinder the -free movements of vehicles and pedestrians over a sidewalk, street or alley. (3) Each space shall have direct access to an alley or street and shall have the following minimum dimensions: Length, twenty-five (25) feet; width, twelve (12) feet; height, fourteen (14) feet. (E) PERMANENT RESERVATIONS. Area reserved for off-street parking or loading in accordance with the requirements of this section shall not be reduced in area or changed to any other use unless the permitted use which it serves is discontinued or modified, except where equivalent parking or loading space is provided. Section 25. GENERAL PROVISIONS: (A) IiEIGHT EXCEPTIONS. The usual chimneys, towers, steeples, monument spires, silos, windmills,.radio and. television.antennas, elevator towers, air conditioning and condensing units and similar structures may. be erected above the height limits hbrein established. Private radio and television antennas and water tanks in residential districts may be permitted to exceed height limitations upon approval of the Zoning Co;nmission. Radio and television an- tennas exceeding one hundred and forty (140) feet in any dis- trict, may be permitted upon approval of the Zoninq Commiss- ion. In no cane shall any permitted height 5 be,inconflict with the height regulations estzblinhod by flight angles of the State auproved ai.rnortz and airstrips in 'tho County. -37- sm 14 PCE 415 SEP a 19i SEC. 25 con't (B) ENCROACHMENTS INTO REQUIRED YARDS. (1) Every part of a required yard or court shall be -open from its lowest point to the sky unobstructed,"except for the ordinary projection of sills, belt courses, cornices, buttresses, ornamental features and eaves;. provided, however, that none of the above projections shall project into a minimum front yard more than six (6) inches nor into a minimum side yard more than twenty four (24) inches. Residential roof overhangs may ex- tend forty-eight (48) inches into required yard areas (2) Horticultural growth poles, play equipment, wires, lights, mailboxes, ornamental entry columns and gates, and out- door furniture are not considered yard encroachments (3) Docks and other permitted water front accessory struct ures are not considered yard encroachments (4) ;,open or enclosed fire escanes,`outside stairways and bal- conies projecting into a minimum yard or court not more than three and one-half (3 1/2). feet and.the ordinary projections of chimneys and flues may be permitted by the building official where same are.so placed and are not to obstruct light and ventilation (5) More than one multiple dwelling may be located upon a lot, provided that the horizontal open space between such buildings measured at the closest point shall be as specified for the district in which it is located and where it is not specified then it shall be not less than twice the side yard required in the district in which such uses are located (C)' ` LOTS (1) Any lot of record at the time of the adoption of this ordinance which contains less lot area or width than required in the district in which it is located may be used for a use permitted in such district. This provi- sion shall not be construed to permit more than one dwelling unit on a lot with less lot area per family than required for the district in which such lot is located. (D) FRONT YARDS. (1) The front yard regulations shall apply to both streets' on through lots or double frontage lots (2) There shall be a front yard on each street side of a corner lot, provided, however, that the buildable width of such lot shall not be reduced to less than thirty (30) feet; provided further, that no accessory build- ing on a corner lot shall project beyond the front yard line on either street (3) An open unenclosed and uncovered porch or paved terrace may project into the front yard for 'a distance of not more than ten (10) feet (4) Gasoline filling station pump and pump islands may be located within a front yard, provided they are not less than fifteen (15) feet from any street line (E) REAR YARD. (1) When a lot abuts an alley, one-half (1/'2) of -the alley may be considered as part of the required yard. (2) When a residential lot abuts a natural or man-made waterway, except as in a R -2W District, the setback from the water or bulkhead line shall be the same as required in a front yard. (F) SANITARY FACILITIES. Whenever a lot is not served by an approved sanitary sewer, there must be provided such open space: as required by the County f}oard of Health for a septic. tank and drainage field to serve the uses erected on such lot. Such sanitary in- -38- Boot 14 NAGAG S Fp 1971 SEC.. 25 bon't stallations may be located in a front, side or rear yard, but not closer than five (5) feet to any lot line. (G) ACCESSORY BUILDINGS UY No accessory building shall be constructed upon a lot until the construction of a main building has been started and no accessory building shall be used un- less the main _building is in use (2)'> No accessory building or structure shall be located in any required yard area (H) ABOVEGROUND STORAGE OF GASOLINE AND OTHER COMBUSTIBLE FLUIDS. Where an above ground storage of gasoline, petroleum oils or other inflammable fluids are permitted, then as to any such facility for storage having.a capacity in excess of 500 gallons shall be in compliance with the National Fire Pro- tection Association requirements.. (I) WALLS AND FENCES. Structural walls and fences not exceeding five (5) feet in height, except barbed wire fences, are permitted in required side and rear yards of all districts except an agricultural district. Higher fences and walls in required side and rear yards, all barbed wire fences; and fences. and walls in all required front yards may be authorized by the zoning Comm- ission, who shall first determine that they will be visually compatible in the.area where they are to be located. (3) NONCONFOPVING LOTS, NONCONFORMING USES OF. LAND OR STRUCTURES, NONCONFOR61ING STRUCTURES AND PRE21,11SES. (1) CONTINUATION OF NONCONFOR4ITIES:. Nonconformities may e continued so long as they remain otherwise lawful, subject to the remaining provisions of this section. (2) EXPANSION OR CIIANGE OF NO ZCONFOR.MITIE:S: No nonconformity shall be enlarged or changed to a different nonconform- ity except upon a determination by the County Adminis- trator that the change results in a lessening of the degree of nonconformity. (3) REPAIR OR ALTERATION OF NONCONFORMITIES: Repairs, main- tenance anH i rovements on noncontormities may be carr- ied out, provided that such work does not increase the cubicle content of the building or the floor or ground area devoted to the nonconforming use. The preceding requirement does not prevent compliance with applicable laws or requirements relative to the safety and sanita- tion of.a building occupied by a nonconforming use.. (4) RECONSTRUCTION OF NONCONFORtITIES AFTER CATASTROPHE. If any nonconformity is damaged by fire, flood, explosion, collapse, wind or other catastrophe to such an extent that the cost of repair or reconstruction will exceed fifty (50%) percent of the building's value as shown on the tax assessment roll at the'time of the damage, the nonconformity shall be deemed terminated and no repair or reconstruction may occur except when such repair or reconstruction results in the conversion of the previous nonconformity to a conforming structure and/or use. In the event that damage to a nonconformity may be repaired by an investment of less than fifty (50%) percent of the appraised value of the nonconformity as shown on the tax assessment roll at the time of the damage, such repair shall be permitted by the nonconformity may continue.' (5) CESSATION OF NOTICONFOR4ITIES. If, for any reason a non- conforming use ox lana or oF a structure ceases for a continuous period of ninety (90) days or more, or a non- conforming.structure is removed for a continuous period of ninety (90) days or more, the nonconformity shall be considered terminated and shall not thereafter be -re- established. -39 14 Pa A -SEC. 25 cont (6) ADDITIONS TO NONCONFORMING STRUCTURES: Additions to noncon orming structures. ousi.ng con orming uses, shall be permitted if the additional structures comply fully with setback and other applicable regulations. (K) PIERS, IMAM, DOCKS, WATERWAYS, BOAT SLIPS AND WATER CRAFT: (1) REGULAR 140ORING OF WATER CRAFT. "Regularly moored" shall mean moored in vie same general area at least eight hours a day for -ten days in any month. Water craft shall not be regularly.moored along any shore without the consent of the riparian land owner. Regularly moored water craft shall not be used as.dwellings, offices, or commercial enterprises except in marinas, unless a permit to so moor and use the water craft for that purpose has been granted by the Indian River County Zoning•Commission. Regularly moored water craft shall be kept in seaworthy condition when,not in a permitted repair area. (2) BOATSLIPS. Boatslips may be constructed within the up - and adjacent to any of the county's navigable shore- lines. Boatslips shall be no nearer a side lot line than the minimum side yard setback permitted in the zon- ing district in which the boatslip is to be constructed. (3) MAXIMUM PERMITTED PROJECTION OF WATERFRONT STRUCTURES.- Except TRUCTURES:Except as permitted in the R -2W Multiple -Family Water- front District, unwalled boat shelters may be erected over boatslips, but no part of such shelter may exceed past the shoreline or be higher than 15.feet. Docks shall not project outward from shore more than ten (10%) percent of the width of the waterway at a point where they are located, except that docks up to eight (8) feet in width may be installed regardless of waterway width. The outward projection of a dock shall be measured from the water's edge at mean low tide, except that boatslips constructed into upland shall be considered to run across the entrance of boatslips. (4)SIDE LOT LINE ENCROACHMENT. No dock, boat shelter or. other waterfront structure may encroach on a side lot line, extended. .(5) TIE OFF -PILES. Tie -off piles may be installed when they are located no closer than one -hundred (100) feet to the center of a canal or navigation channel. (L) STREET AND ROAD SETBACKS: (1) In the event of the recording of any proposed street or road in the office of the Clerk of the Circuit Court of Indian River County, Florida, or in.the event of the de- signation or establishment by the Board of County Comm- issioners of any proposed public street or road, the same shall thereupon immediately become the same as if such public street or road existed for the purpose of determining setbacks under the terms.of this Ordinance. (M) CORNER VISIBILITY: (1) On a corner lot, there shall be no structure or planting which materially obstructs traffic visibility within the triangular space bounded by the two intersection right- of-way lines and a straight line connecting two points on the street right-of-way lines 30 feet from the inter- section. (2) DIVISION OF LAND. No person shall divide any land in a i manner that would result in any portion of said land fail- ing to meet the minimum requirements herein established for the zone in.which said land is located (N) MOVING OF STRUCTURES: (1) No structure larger than 150 square feet or a building which is to be used as a family dwelling, shall be moved i dQ aa� 14 M A18 r p 19n.. • J SEC. 25 cont into the County or from one place to another within the County unless such building or structure is made to conform to all of the requirements.of the Southern Standard Building Code in effact in this County at the time of the moving and the requirements of the zoning in which the building or structure is to be placed. The. County Administrator is authorized to require any, person applying for a permit to move a building or structure, to post a bond or other security acceptable to the County Attorney; in an amount up to but not ex- ceeding x seeding $10,000, to be deposited with the Clerk of the Board of County Commissioners, payable to the order of the Board of County Commissioners of Indian River County, Florida. The purpose of the bond or other security is to guaran- tee compliance in full within,one year with the appli- cable requirements of the Southern Standard Building Code and of these Zoning Ordinances and to restore any public or private property damaged while the building or structure is being moved. Failure to fully comply t within one year as above stated, will result in forfeit- ure of the bond to the Board of County Commissioners of Indian River County, Florida. All applicants for a permit to move an existing struct- ure, as above stated, are required to furnish the County Administrator three sets of drawings, said drawings to �. be prepared and sealed by an Architect or Engineer re gistered in the State of Florida certifying that the structure meets all requirements as above outlined, or ~ three sets of drawings to be prepared and sealed by an Architect or Engineer registered in the State of Florida ro osed changes to the building or struct--_ the g showing p P g - ure after it has been moved, that will bring it within all applicable requirements of the Southern Standard Building Code or their Zoning Ordinances. If drawings of the structure or building to be moved showing com- pliance as above stated are on record with the County already, the above requirement for drawings is waived. (0) SIGNS: (1) Definitions: a. PROFESSIONAL. Professional identification sign. b. SALE. A sign pertaining to only the rent, lease or Ta—le of the premises upon which it is displayed. c. BULLETIN. A sign or bulletin board located on the premises of a church, institution, club or frater- ! nal organization for the purpose -of displaying the j name of the church, institution, club or organiza- tion and the activities or program of the same. i d. DIRECTIONAL. Directional or informational signs of a public nature which states the name or locat- ion of an incorporated or unincorporated community; name and place of meeting of a church or civic club such as Chamber of Commerce, Rotary, Civitan or Ki- wanis Club. e. BUSINESS. An attached, free standing or structur- 1 al slign pertaining to the advertising, announcing or describing of the principal use or uses of the premises upon which it is displayed. f. OUTDOOR. An unattached, free standing or structur- al pci�ter panel or painted sign for the purpose of conveying some information, knowledge or idea to the public. -41- Bout 14 PAGE419 SEP 8 1971 I 7 . SEC. 25 cont g. BILLBOARDS. An unattached, free standing sign for the purpose of conveying some information, knowledge or idea to the public. (2) ON-SITE SIGNS: (R) Each business use on the site.shall be limited to _ one of each of the following signs not to exceed the size stated. (8) Maximum Sizes: a. Professional: 12 square feet b. Sale: 12 square feet c. Bulletin: 12 square feet d. Directional: 8 square feet. e. Business: 150 square feet f. Outdoor: 12 square feet g. Billboards: 504 square feet, except on Interstate 95, where signs shall not ex- ceed 672 square feet (3) OFF-SITE & ON-SITE SIGNS: (A) Maximum Heights: (measured from the crown of road -' to the top of the sign). a. No sign shall exceed the height limitations stated in the ordinance for the district in which the sign is located, except that On -Site` Signs for motels, hotels, service stations and other businesses on Interstate 95 shall not ex- ceed 50 feet in.height. The advertising por- tion of any sign exceeding 35 feet in height shall be no larger than 200 square.feet. (4) OFF-SITE SIGNS: (A) The maximum size of each off -site -sign shall not exceed the sizes stated in Paragraph 2 B. (B) No off-site sign shall be so located or placed so as to face a lot on the same street occupied by a church, public school, public park, public Play- ground, public beach, civic or scenic area or a cemetery, nor nearer to such uses than 200 feet Along a common right-of-way line. (C) No off-site sign shallbe so located as to encroach on any public way, sidewalk or street or be located in any.required yard or setback area or be so locat- thatany part of such sign extends nearer to a .ed street line than any building on contiguous prop- erty where such building is located within 100 feet of such sign. (D) No off-site sign shall be located closer than 30 feet to the intersection of any two street lines nor nearer than 50 feet to any residential zone measured along a.common right-of-way. (E) No off-site sign shall be nearer to another than 660 feet along the same side of a common right-of- way, except on Interstate 95, where signs shall be 1,000 feet apart. Two -off-site signs may be ground- ed back to back or in a single V having an included angle not greater than•30 degrees. (F) No billboard signs shall be located on any road, street or highway that has not been designated by the Florida Department of Transportation as Inter- state, Primary or Secondary Road. -42- BOOM 14 Pa,, 4GU SEP 8 1971 7 SEC. 25 cont (5) DISTRICTS: Signs are permitted uses in Zoning Districts in accord ance with the following schedule: (A)_ A -AGRICULTURAL a. Professional .b. Sale c. Bulletin d.. Directional e. Business f. Outdoor g. Billboards (B) R-lE COUNTRY ESTATE DISTRICT a. Sale b. Bulletin c. Directional d. Business (on-site only) (C) R lAA SINGLE FAMILY DISTRICT a. Sale b. Bulletin c. Directional d. Business (on-site only) (D) R-lA SINGLE FAMILY DISTRICT a. Sale b. Bulletin c. Directional d. Business (on-site only) (E) R-1 SINGLE FAMILY DISTRICT a. Sale b. Bulletin c. Directional d. Business (on-site only) (F) R -2W 14ULTIPLE FAMILY WATERFRONT DISTRICT a. Sale b. Bulletin c. Directional (G) R-2 MULTIPLE FAMILY DISTRICT a. Professional b. Sale :c. Bulletin d. Directional e. Business (on-site only) (H) R -3A RETIREMENT DISTRICT a. Professional b. Sale c.. Bulletin d. Directional e. Business (on-site only) (I) R-3 MULTIPLE DWELLING DISTRICT a. Professional b. Sale c. Bulletin d. Directional e. Business (on-site only) -43- R 1.4...4��. S EP 8 1971 SEC. 25 con't (J) R-1PM*PERMANFNT MOBILE HOME SUBDIVISION DISTRICT a.. Sale b. Bulletin c. Directional d. Business (on-site only) (R) R-1MP MOBILE HOME PARK DISTRICT a. Sale b. Bulletin c. Directional d. Business (L),R-1TM TRANSIENT MOBILE -HOME DISTRICT a. Sale b. Bulletin c. Directional d. Business. (M) R-lME MOBILE HOME ESTATE DISTRICT a. Sale b. Bulletin c. Directional d. Business (on-site only) (N) R-lRM RESIDENCE -MOBILE HOME DISTRICT a. Sale b. Bulletin C. Directional d. Business (on-site only) (0) B-1 PLAN14ED BUSINESS -DISTRICT a. Professional b. Sale c. Bulletin d. Directional e. Business (P) C-lA RESTRICTED COMMERCIAL•DISTRICT a. Professional b. Sale C. Biulletiw* c.': d. Directional e. Business f . Outdoor ((Z) C-1 COW-1ERCIAL DISTRICT a. Professional b. Sale c. Bulletin d. Directional e. Business f. Outdoor (R) LM -1 LIGHT MANUFACTURING DISTRICT a. ` Professional b. Sale c. Bulletin d. Directional e. Business f. Outdoor g. Billboards (S) M-1 RESTRICTED INDUSTRIAL DISTRICT a. Professional b. Sale. c. Bulletin 14 422 �oo� PA AFP 19� SEP 8 1971 SEC. 25 cont d. Directional ' e. Business f. Outdoor g• Billboards (6) Political Signs, Political Advertising and Billboards:* No political signs, political advertising and billboards _. shall be placed on property owned or used by Indian River County or by any other governmental agency in the_unin- corporated areas of Indian River County. (7) Obscene, Indecent, Lewd, or Immoral Signs Prohibited: No obscene, lewd, indecent, immoral, -lascivious or libi- c an dious signs shall be erected for y purpose within the unincorporated areas of Indian River County. (8) Strip Lighting: Strip Lighting is prohibited in all i districts except "A" "C--lA" "C-1", "Ul-1" and zoning II' . "M-1". When permitted strip lighting is limited to a. total footage equivalent to the length or width of.the building along the str t footage, the size o tubing bu g g � ,� may not exceed 15 millimeters and transformers may not exceed 30 milliamperes. Neon strip lighting and/or streamer lighting are prohibited above the roof level of any building. (9) Permits. No sign shall be erected in Indian River County without first obtaining a zoning permit from the County Administrator's office. (P) AIRPORT HEIGHT LIMITATIONS: (1) No structure shall be erected within the area shown on the Approach and zoning Plan of the Vero Beach Municip- al Airport at a height in excess of those delineated and approved by the City of Vero Beach, April 211 1964. (2) Every airport or airstrip existing or created in -the future shall be required to file with the County Admin- istrator a map prepared in accordance with criteria es- tablished in publication TSO -N 18 Federal Aviation Ad- ministration "Obstructions to Air Navigation" which shall become the basis for determining height limitations in the area of the airport or airstrip. (Q) MOBILE HOt•IES, TRAVEL TRAILERS, CAMPERS, BOAT TRAILERS AND BOATS (1) MOBILE HOMES: No mobile home shall be located in any district except a'Permanent Mobile Home Subdivision District, Mobile Home Park District, Transient Mobile Home District, Mobile Home Estate District or a Resi- dence -Mobile Home District, or in districts where allow- ed as a special exception. (2) STORAGE OF TRAILERS AND CAMPERS:. Recreational trailers such as travel trailers, camp trailers and boat trailers which do not exceed twenty-six (26) feet in length, and cargo trailers which do not exceed fourteen (14) -feet. overall in length, may be parked, stored or placed on any lot in any agricultural or residential district, pro- vided that: a. Such trailer is owned by the resident residing on the same lot on which it is located. b. Such trailer is not used for residential, office or commercial purposes. c.. Such trailer (or boat mounted thereon) is not used for sleeping, -housekeeping or living quarters while so parked. d. Such trailer is located to the rear of the front building line, and in no event less than twenty- five (25) feet from the front lot line; or is lacat- ed in a carport or garage. Rorj% 14 ni- 423 -g - SEP 8 1971 SEC. 25 completed, SEC. 26, SEC. 27 e. Such trailer is not located within any road right— of-way. f. If such trailer is a.collapsible camping trailer, the trailer shall be stored in a collapsed state. g. _Such.trailer shall be limited to one (1) trailer type per lot. (3) TEMIPORARY TRAILERS: Trailers used temporarily in connec- ti-o-n—w-119 construction used as a dwelling, office or sales room may be located temporarily in all districts during the period of construction activity, under a temporary zoning permit. (4) SELF-PROPELLED VAN CAMPERS shall be considered the same as a recreation trailer and the above restrictions shall apply. Section 26. BOARD OF ADJUSTMENT: (A) FUNCTIONS, POWERS AND DUTIES OF THE BOARD OF ZONING ADJUST- MENT: (1) ADMINISTRATIVE REVIEW: To hear and decide appeals when It is alleged that ether error n ani� ,er.•require- ment, decision, or determination-mad—e by the zoning en- fo cgme�afficial in the administration of the zoning ordinance. To determine whether the administrative.de termination appealed from•was correct or not, and if . not, to make the proper determination. (2) INTERPRETATION: To interpret these.regulations at the request of the zoning enforcement official. (3) GRANTING OF VARIANCES: To receive and consider appeals 4• or the granting oF variances from the terms of this or- dinance. Before a variance may be granted, at least one of the following conditions indicated.as a, b, and c, must be met, in addition the last two..conditions indi- cated as d and a also must be met. a. The plight of the applicant must be due to unique. circumstances not created by him or his predessor in title. b. Special conditions and circumstances must exist which are Deculiar to the land or structure in- volved, and which are not applicable to other lands or structures in the same district. c. Literal interpretation of the provisions of these ordinances must not deprive the applicant of rights commonly enjoyed by the properties in the'same dis- trict. d. The variance shall not permit establishment or en- largement of any use or structure which is not per- mitted in the district in which the variance is re- quested.* e. The variance must observe the spirit and intent of this zoning ordinance, and shall not be contrary to. private or public interest. (4) CONDITIONAL VARIANCE: The Board of Adjustment may make e authorization o a variance conditional upon such alternate and additional restructions, stipulations, and.safeguards as it may deem necessary to ensure com- pliance with the -intent and purpose of these -regulations. Violation of such conditions when made a part of the terms under which a variance is granted shall be deem- ed a violation of this ordinance. (5) PUBLIC HEARINGS: Due public notice shall be given that a public hearing will be held by the Board of Adjustment on the request for a variance, and no variance shall be authorized except after a public hearing. Section 27. ZONING REGULATIONS AND ZONINn DISTRICT BOUNDARY AMENDMENTS: (A) CHANGES AND A14ENDME14TS: The Board of County Commissioners may from time to time on its awn motion or on petition of any person or on motion of -46- BOOK 14 iv. 24 EP 81971 SEC. 27 completed SEC. 28 the Indian River County Zoning Commission, amend, supple- ment, change, modify, or repeal by ordinance pursuant to the :authority and in the manner provided by State Law this ordinance or the boundaries or districts or ordinance here- in established. (B) CHANGES OR AMENDMENT PROCEDURES: Any person desiring a change or amendment to the Zoning or- dinance or Zoning Map shall submit the same, in writing, to the County Administrator describing by legal description and by street address., where possible, the property to be affect- ed by the proposed change, setting forth the present zoning applicable thereto and specifying the district, zone and -use requested. The applicant shall nay to the County the sum of $50.00 for each such requested change; provided, however, that as many lots or parcels of property as the applicant may desire may be included.in any single petition if they constitute one contiguous area. The County Administrator shall then transmit the application to the Zoning Commiss- ion for tentative consideration at its next meeting. Should the Zoning Commission tentatively approve the petition, it shall report its tentative approval to the Board of County Commissioners, and should the Board of County Commissioners tentatively approve the same, public hearings shall be held. Should either the Zoning Commission or the Board of County Commissioners upon their tentative consideration, disapprove the application and the applicant elects to proceed no fur- ther, then the fee deposited with the County shall be return ed to the applicant, otherwise, the.fee shall remain the prop- erty of the County. Should public hearings beheld, then in connection with the publication of the notice for the public hearing before the Zoning Commission, the County Administrator shall mail a written notice to all property owners of property within 300 feet of the outer limits of the area described in the petition requesting a chance, advising all such owners as shown upon the last prepared and completed Tax Assessment Roll of the County, in simple terms, the proposed change and the time and place of the public hearing. In the event more than 500 lots or. parcels are being rezoned, notification shall be by public notice only. The provisions hereof providing .for mailing notice is directory only, and the failure to mail such notice shall not affect any change or amendment of said Zoning Ordinance. (C) PERMIT: When a person requests a change in zoning of any district, then the requested change, if granted, shall be contingent upon the applicant obtaining a permit for the proposed con- struction within six (6) months and.completing the construct- ion within one year from the date of such change, or the Board of County Commissioners may rezone the property to the ori- ginal zoning. (D) INTERIM ZONING:• The Board of County Commissioners may adopt stop -gap or inter- im zoning for periods of time not to exceed one year, design- ed to preserve the status quo in any area in the County, pend- ing the completion of comprehensive zoning,'water and sewer, urban renewal or other similar.type,plans. Section 28. LEGAL PROVISIONS: (A) REPEAL OF PREVIOUS ZONING ORDINANCE: Zoning Regulations and amendments thereto adopted ereto are are hereby repealed if in conflict with this ordinance or any amendment thereto. (B) PENDING PROSECUTION: In the event that there are unremedied violations of any zoning regulation repealed by this ordin- ance, which unremedied violations are also a violation of this ordinance, the county shall have the same rights and remedies as if the repealed regulation was still in effect. SEP .8 19 '9 M M SEC. 28 completed SEC. 29 (C) SAVING CLAUSE: Should any section, cl.Ause, word or provision of -this ordinance, or application of a provision contained within this ordinance be declared by the courts to be uncon- stitutional or invalid, such declaration shall not affect the validity of the ordinance as a whole or any part there- of, other than the part or application declared to be un ` constitutional or invalid. (D) VIOLATIONS AND PENALTIES: Any person, firm or corporation, or anyone acting in behElf thereof, who shall violate or fail to comply with any of the provisions of this ordinance shall be guilty of a misdemeanor punishable as provided by law. Each day after the first seven days tht a violation of this ordinance is continued or permitted to exist with- out correction shall constitute a separate offense. The Board of County Commissioners may enforce the provisions of this zoning ordinance by seeking injunctive relief or any other remedies provided by law. (E) EFFECTIVE DATE: This ordinance shall take effect on Sept- ember 8, 1971 , when this became law Section 29. ADMINISTRATIVE PROVISIONS: (A) ENFORCING OFFICER. The Board of County Commissioners does Ife—rewith designate the County Administrator as the employee to enforce the provisions of this zoning ordinance. (B) CERTIFICATE OF ZONING APPROVAL: (1). When any owner, authorized agent or contractor desires to construct, enlarge, move, alter or change the use of a building, or structure which is regulated by the zoning ordinance, he shall first make an application to the County Administrator and obtain the required certificate of zoning approval thereof. (2) No building shall be erected, constructed, reconstruct- ed or structurally altered unless and until a certifi Cate of zoning approval has been issued under the author- ity of this ordinance, except as otherwise specifically provided by this ordinance. The fees to be paid to the County for such certificate or zoning approval shall be the fees now or hereafter established by Resolution of this Board and such fees as so established shall be paid prior to the issuance of any certificate. (3) Ordinary minor non-structural repairs not exceeding in cost of value of labor and materials the sum of $100:00 may be made without a certificate of zoning approval, provided.that such repairs shall not violate any of the provisions of said zoning ordinance. (4) Every application,shall contain a general description of the proposed work and its location. The application shall be signed by the owner or his authorized agent. (5) Each application shall indicate the.proposed use and occupancy of all parts of the building and of that por- tion of the lot', if any, not covered by the building or structure and shall contain a statement of the square foot -area of the building or structure and the square foot area of the lot and the estimated costs or value of the completed construction of said building or struct- ure, and shall contain such other information as may be re- quired by the County Administrator. (6) There shall be attached to the application and made a part thereof a plot diagram showing the location of the proposed building or structure and of every existing building or structure on the site. The plot plan shall also show the construction details of any drive -driveways connecting the property to the public roadway. The plot % plan :shall. be to scale and of such size as the County Administrator ,hall require and all adjoining streets, -48- rm 1 :,�-:4?6 S EP 8 SEC. 29 cont alleys, easements of public ways -and•shall show the distance from the outer limits of said building to the outer limits of said lot. (7) Each application and the plot plan and other items attached thereto shall be submitted in duplicate. (8) At the time of submitting said application, the appli- cant shall pay to the County Administrator the applic- able.fees, set by Resolution, which are not refundable. Such fees when received by the County Administrator shall by him be paid over and delivered to the Clerk of this Board, who shall deposit the same in the Gen- eral Fund of this County. (9) All costs and expenses of issuing said certificates of zoning` -approval shall be charged to the General Fund of this County. (10) If the County Administrator is satisfied that the word described in an application and the plot plan filed therewith conform to the requirements of the zoning ordinance, he shall certify that the same complies with all applicable regulations established by the County Zoning ordinance for the•district in which the land is located. (11) If the application and the plot plan filed therewith des- cribe work which does not conform to.the requirements of the ordinance, the County Administrator shall return one `- copy thereof, to the applicant, with his refusal to certi- fy zoning approval. Such refusal shall, when requested, be in writing and shall contain the reason therefor. (12) The County Administrator shall act upon the application without unreasonable delay. A certificate of zoning approval shall not be construed as authority to violate, cancel, alter or set aside any of the provisions of the zoning ordinance, nor shall such certificate prevent the County Administrator from thereafter requiring a correct- ion of 'errors or a violation of the zoning ordinance. Any certificate issued shall become invalid unless the work authorized by it shall have been commenced within six (6) months after its issuance or, if the work author- ized is suspended or abandoned for a period of one year • after the time it is commenced; provided, that for cause one or more extensions of time for periods not exceeding ninety (90) days each may be allowed, in -writing, by the County= -Administrator. (13) When a certificate of zoning approval is issued, the same shall be -signed by the County Administrator and shall be kept at the site of work and shall be open to inspection by the County Administrator or his authorized representa- tive. (14) If any person commences work on a building or structure _before obtaining the necessary certificate of zoning app- roval, then the fees for such certificate shall be double the schedule of fees set forth. Work which was started without a permit that does not comply fully with all zon- ing ordinance requirements, must be removed. (15). The County Administrator shall keep a permanent and accurate accounting of all certificates issued and of all fees collected, including the date and the amount thereof. (16)Before issuing a certificate, the County Administrator may examine or cause to be examined the site for which an application has been received. He mayinspect all buildings and structures during and upon completion of the work for which a certificate was issued and he shall - 9- Rnet 14 vp 127 SEP i91 0 L�J M SEC. 29 completed -SEC. 30 report totheBoard any violations of the certificate or of the zoning ordinance. (17) A reasonable time for appeal by any person aggrieved by any decision of the County Administrator is deter- mined as ten (10) days from the time of the action taken. All appeals shall be made, .in writing, and de- livered to the office of the County Administrator who shall notify the Chairman, or in his absence, the Vice Chairman of the Indian River County Board of Adjustment, provided that where a certificate of zoning approval has been issued, the time for filing notice of appeal is fur- ther extended to the end of the third day.for the visi- ble commencement of construction on the ground. Visible commencement of construction means that first actual work or improvements upon the real property, or the first delivery, to the site of the improvement of the materials which remain thereon until incorporated in the improvements, or.such manifest in substantial char- acter as to notify interested persons, that the real property is about to be or is being improved; provided, that, if the last day fall on Sunday or other holidays when said.office is closed, time for filing notice of appeal shall expire at the end of the day next follow- ing when said office is open for business Section 30. INDIAN RIVER COUNTY,ZONING DISTRICTS: The zoning districts, as established under the Indian River County Zoning.Regulations which became effective February 1, "1957, and all amendments thereto are hereby assigned zoning designations under this ordinance, in accordance with the following, and will control zoning in this county until the. Board of County Commissioners of Indian River County approves* a Zoning Atlas referred to in Section 3 DISTRICTS AND BOUND- ARIES THEREOF. -50- Boit 14 fvE428 EXISTING 1qEW ZONING ZONING DISTRICTS NAME DISTRICTS NAME F-1 Agricultural District A Agricultural District . ADD NEW DISTRICT R-lE Country Estate District ADD NEW DISTRICT R-lAA Single Family District R -1A Country Home District R-lA Single Family District R-1 Single Family District R-1 Single Family District R -2W Multiple Family Waterfront R -2W Multiple Family Water - District front District R -2A Multi -Family District R-2 Single Family District R-2 Multiple Family District R 2B Multiple Family District R -3A Retirement District I- R -3A Retirement District R-3 -Transient District R-3 Multiple Dwelling District ADD NEW DISTRICT R-1PM Permanent Mobile Home Subdivision District ADD NEW DISTRICT R-1MP Mobile Home Park District ADD NEW DISTRICT R-lTM Transient Mobile Home District ADD NEW_DISTRICT R -IME Mobile Home Estate District ADD NEW DLSTRICT R-1RM Residence -Mobile Home District ADD NEW DISTRICT B-1 Planned business District C-lA Restricted Commercial District C-lB Restricted. Commercial District C -1A Restricted Commercial. District C-1 Commercial District C-1 Commercial District ADD NEW DISTRICT LM -1 Light Manufacturing - District 19-1A Restricted Industrial District M-1 Industrial District M-1 P.estricted Industrial 6 i ATE OF FLUt\, DA District ,NDAN RIVER COUNTY t .hereby certify that the foregoing a true and correct copy of the as filed in thy= p ib� lic records. of this Office. Witness my hand and seal of office this_%4t__day� of..'-• -- 19%/ -51- �-"`� Clerk Hoot 4 ;p;' 4 9 The Chairman directed the Planning Office to have the necessary number of copies of the Zoning ordinance printed. Commissioner McCullers then left the meeting. A letter.regarding fill within limits of Lot 4 in Ambersand Subdivision was considered to be an affair of the Board of Trustees of the Internal Improvement Fund. On Motion of Commissioner Massey, second_of Commissioner Loy, the Board unanimously granted the request of John Cann, Mayor of Fellsmere, for the use of County equipment to dig a trench at the disposal area. On Motion of Commissioner Massey, second of Commissioner Loy, the Administrator was unanimously authorized to advertise for bids for Road and Bridge materials. On Motion of Commissioner Massey, second of Commissioner Loy, the Administrator was unanimously authorized to advertise for bids for an automobile to replace Car #1, Ziebart rustproofing to be made a part of the specifications. The following letter was received and requested to be made a part of these minutes: 756 Silver Shores Road Vero Beach, Florida 32960 September 7, 1971 Mr. Jack G. Jennings, Administrator Road and Bridge Department Indian River County Rm. 114, Courthouse, Vero Beach, Florida 32960 Dear Mr.. Jennings: I personally wish to thank you for the courtesy ex- tended to me at your office, August 26th, regarding the Proposed Park at the Tracking Station site, on Highway AIA. As I mentioned to you in your office, I am interested, and would like to be considered fof the food and drink concessions. Having had considerable experience in the food and refreshment business, I feel qualified to offer a clean and respectable oper- ation. Letters of reference are available upon request. Sincerely, Wade Taylor _ soot Pa A30 v The Administrator reported on the meeting held on. public transportation by the Department of Transportation in r Tampa. On Motion of Commissioner Loy, second of Commissioner Dritenbas, retroactive approval was given for travel of the Administrator to Tampa for a Public Transportation Meeting on September 7th, and to meet with the County Clerk in Oseola County on September 2. i On, Motion of Commissioner Loy, second of•Commissioner Dritenbas, the Board unanimously approved travel of the Clerk of the Circuit Court,.a Deputy Clerk, the County Administrator, the Attorney to the Board, and Members of the Board of County Commissioners to Miami Beach on September 12 through 15 to attend the Annual Fall Conference of the State Association of County Commissioners. There was some discussion regarding the work load and i pay schedule of Donald Adams, City -County Building Director. It was decided that personnel matters relating to the Building Department be handled by the City and that personnel matters relating to the Planning Department be handled by the County Administrator. On Motion of Commissioner Massey, second of Commissioner Loy, the Board unanimously accepted the offer of a two acre parcel of land to be donated by the Gulf and Western Company and.a $2,000.00 cash donation to be used for the development of the park in Gifford. The Administrator was requested.to convey the f appreciation of the Board. The Administrator was requested to contact the. State Department of Transportation regarding a blinker light to be installed at SR 5A and SR 510. i On Motion of Commissioner Dritenbas, second of Commissioner Loy, the Board unanimously approved application of Edward,L. Ayres for a permit to carry firearms. On Motion of Commissioner Loy, second of Commissioner Massey, the Board unanimously approved applications of Mamie C. Driggers, Willard H. Driggers and Jan Kromhout for renewal of permits Bout 14 fac,431 SEP 8 1971 to carry firearms, subject to review and approval of the Sheriff i i on Motion of Commissioner Massey, second.of-commissioner Loy, the State Witness Payroll of the County Court, August Term in ,the amount of $186.20;. the State Witness Payroll of the Circuit Court, Spring Term in the amount of .$280.58; the State Witness Payroll of the County Court in the amount of $185.00; the State Witness Payroll of the County Court, August Term in the amount of $243.00; the State Witness Payroll of the Circuit Court, Spring Term in the amount of $199.88; and the State Witness Payroll of the Circuit Court, Spring Term in the amount of $367.24 were unanimously approved. The several bills and accounts against the County having been audited, were examined and found to be correct were approved and warrants issued in settlement of same as follows: General Fund, Nos. 3000 to 3077 inclusive; Road and Bri.dge,Fund, Nos. 1576 to 1620 inclusive; Fine and Forfeiture Fund, Nos. 479 to 489 inclusive; Capital outlay Fund, No. 172. Such bills'and accounts being on file in the office of the Clerk of the Circuit Court, the warrants so issued from the respective funds being listed in the.Supplemental Minute Book as provided by the rules of the Legislative Auditor, reference to such record and list so recorded being made a part of these minutes. There being no further business, on Motion made, seconded and carried, the Board adjourned at 5:30 o'clock P. M. ti ATTEST: / CLERK Oe CHAIRMAN Root 14 ;-r A132 SEP 8 1971