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Home My WebLink About1988-071/12/88 TK2 LR -Planning DN/vj ORDINANCE NO, 88- 7 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 17. PRO: PROFESSIONAL OFFICE DISTRICT OF APPENDIX A OF THE INDIAN RIVER COUNTY CODE OF LAWS AND ORDINANCES, KNOWN AS THE ZONING CODE, PROVIDING FOR SPECIFIC CRITERIA FOR THE REDUCTION IN MINIMUM DISTRICT SIZE, CLARIFYING USE OF NONCONFORMING STRUCTURES; AND PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS, CODIFICATION, SEVERABILITY, AND EFFECTIVE DATE. NOW THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Indian River County, Florida that: Section 17 (a) shall be amended as follows. The PRO, Professional Office District, is designed to encourage the development of vacant land and the redevelopment of blighted residential areas along major throughfares in selected areas of the County. The selected areas will be deemed as no longer appropriate for strictly single-family use but which are not considered appropriate for a broad range of commercial uses, as permitted in a commercial zoning district. The PRO district may serve as a buffer between commercial and residential uses or be established in areas in transition from single-family to more intensive land uses. The PRO district shall be limited in size so as not to create or significantly extend strip commercial development. The PRO district may be considered consistent with the LD -2, MD -1, MD -21 MXD, and commercial land use designations of the County's Comprehensive Plan when established based on the criteria in this ordinance. In order to further encourage redevelopment, any legally nonconforming structure may continue to be utilized, and its use may be changed from one nonconforming or conforming use category to another use category permitted in the PRO district, not withstanding any provision of Sec. 25(j) (4) (a) of this ordinance to the contrary. All other requirements of Section 25 (J) of the General Provisions Section, "Nonconformities", must be complied with. This shall be permitted provided the change of use of the legally nonconforming structure receives site plan approval, or any other necessary approvals. CODING: Words in 4tttObrArld type are deletions from existing law. Words underlined are additions. Section 17. PRO: Professional Office District. (a) Purpose and Intent. The PRO, Professional Office District, is designed to encourage the development of vacant land and the redevelopment of blighted residential areas along major throughfares in selected areas of the County. The selected areas will be deemed as no longer appropriate for strictly single-family use but which are not considered appropriate for a broad range of commercial uses, as permitted in a commercial zoning district. The PRO district may serve as a buffer between commercial and residential uses or be established in areas in transition from single-family to more intensive land uses. The PRO district shall be limited in size so as not to create or significantly extend strip commercial development. The PRO district may be considered consistent with the LD -2, MD -1, MD -21 MXD, and commercial land use designations of the County's Comprehensive Plan when established based on the criteria in this ordinance. In order to further encourage redevelopment, any legally nonconforming structure may continue to be utilized, and its use may be changed from one nonconforming or conforming use category to another use category permitted in the PRO district, not withstanding any provision of Sec. 25(j) (4) (a) of this ordinance to the contrary. All other requirements of Section 25 (J) of the General Provisions Section, "Nonconformities", must be complied with. This shall be permitted provided the change of use of the legally nonconforming structure receives site plan approval, or any other necessary approvals. CODING: Words in 4tttObrArld type are deletions from existing law. Words underlined are additions. ORDINANCE NO. 88- 7 SECTION 2 Section 17 (b) (1) shall be amended as follows: Section '17.PR0: Professional Office District. (b) Standards for PRO: Professional Office District The establishment of all professional office districts shall be subject to the following standards: 1. Location On land designated as residential on the County's Comprehensive Plan the Professional Office District shall only be established f0t if located OtO Ott4O4 OM ftOyitA4¢ on an arterial street (as identified on the Thoroughfare Plan in the Traffic Circulation Element of the Comprehensive Plan). SECTION 3 Table 17: SIZE AND DIMENSION CRITERIA of Section 17. PRO: Professional Office District, is hereby amended as follows: TABLE 17: SIZE & DIMENSION CRITERIA PRO ZONING DISTRICT ZONING DISTRICT PRO REGULATION UNIT OF MEASURE MINIMUM LOT SIZEl 10,000 Square Feet MINIMUM YARDl -Front 25/752 -Side 20 Feet -Rear 25 MAXIMUM LOT COVERAGE 35 % of Lot MINIMUM OPEN SPACE 30 % of Lot ORDINANCE NO. 88- 7 NOTES: 1. All lots created after the adoption of this ordinance shall meet the minimum lot size and lot width criteria. Residential uses shall be subject to the density, size and dimension regulations of the RM -6 zoning district. 2. The front yard setback shall be a minimum of twenty-five (25) feet except for developments abutting State Road 60 which shall provide a minimum front setback of seventy-five (75) feet as per paragraph 25 (1) (3). 3. The minimum district size may be reduced from 5 to 2.5 acres in size when the district location is adjacent to a Commercial Node (excluding Neighborhood Commercial Nodes), Commercial/ Industrial Nodes, Tourist Commercial Nodes, Commercial Corridors, or adjacent to property with an MXD land use designation which is zoned Commercial or Industrial and where the Commercial or Industrial zoning district is a minimum of five (5) contiguous acres in size. The Board of County Commissioners may permit an additional reduction in district size of up to ten (10) percent if the following criteria are met: a) The district will be located within a substantially developed area. b) The additional traffic attracted/ generated will not cause a substantial decrease in the level of service of the arterial road, or intersection with the arterial road. on which the district is located. 4. The maximum district depth is the furthest distance from the adjacent arterial roadway that the PRO district may extend. For unplatted property the maximum depth may not exceed 300 feet. The maximum depth may exceed 300 feet for platted lots of record bisected by the district boundaries where the majority of the lot lies within the PRO zoned district. Lots lying within the PRO district, but lacking frontage on an arterial roadway, may only be developed for those residential uses permitted in the PRO district, unless joined through a unity of title with a contiguous lot having arterial frontage. CODING: Words in type are deletions from existing law. Words underlined are additions. ORDINANCE NO. 88- 7 All previous ordinances, resolutions, or motions of the Board of County Commissioners of Indian River County, Florida which conflict with the provisions of this ordinance are hereby repealed to the extent of such conflict. All Special Acts of the legislature applying only to the unincorporated portion of the Indian River County and which conflict with the provisions of this ordinance are hereby repealed to the extent of such conflict. The provisions of this ordinance shall be incorporated into the County Code and word "ordinance" may be changed to "section", "article", or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intentions. If any section, part of a sentence, paragraph, phrase or word of this ordinance is for any reason held to be unconstitutional, inoperative or void, such holdings shall not affect the remaining portions hereof and it shall be construed to have been the legislative intent to pass this ordinance without such unconstitutional, invalid or inoperative part. The provisions of this ordinance shall become effective upon receipt from the Florida Secretary of State of official acknowledgement that this ordinance has been filed with the Department of State. Approved and adopted by the Board of County Commissioners of Indian River County, Florida on this 26th day of January 1988. Nol ORDINANCE NO. I It It il: `IF BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVEk COUNTY, FLIla ORIDA . For 99. r IF IF I �, I IF BY: i 4 :- , Don C Scurlock, r'Chairman ,. , Acknowledgment by the Department of State of�3the State of°hlorida this lst day of February 1988. x; Effective Date: Acknowledgment from the Department`I'of` State received on this 4th day of February, 1988 at 10:00 A.M./P.M. and filed in the office of the Clerk of the Board of County Commissioners of Indian River County, Florida. APPROVED AS TO FORM AND LEGAL SUFFICIENCY. /�tFit) William G. Collins II, Assistant County Attorney APPROVED AS TO PLANNING AND DEVELOPMENT MATTERS. : z LceuGary M. Schin er Chief, Long -Range Planning Neighborhood Ord. tk2