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Home My WebLink About1987-35ORDINANCE NO. 87- 3.5 3/4/87 Betty2 LR -Planning RS/vh AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 19. CL: LIMITED COMMERCIAL DISTRICT, SECTION 20. CG: GENERAL COMMERCIAL DISTRICT, SECTION 20 (A) .1, CH, HEAVY COMMERCIAL DISTRICT AND SECTION 25.1 REGULATIONS FOR SPECIFIC LAND USES OF APPENDIX A OF THE CODE OF LAWS AND ORDINANCES OF INDIAN RIVER COUNTY, FLORIDA, KNOWN AS THE ZONING CODE; PROVIDING FOR ESTABLISHING RESIDENTIAL TREATMENT CENTERS AS A SPECIAL EXCEPTION USE IN THE CL, CG AND CH DISTRICTS; AND PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS`, CODIFICATION, SEVERABILITY, AND EFFECTIVE DATE. BE IT ORDAINED by the Board of County Commissioners of Indian River County, Florida, that: Section 19 (d) (5) is hereby amended as follows. Section 19. CL& Limited Commercial District (d) Special Exception Uses (5) Institutional Uses Nursing homes, resthomes, convalescent homes and homes for the aged. - Residential treatment centers Section 20 (d) (3) is hereby amended as follows: Section 20. CG: General Commercial District (d) Special Exception Uses (3) Institutional Uses Nursing homes, rest homes, convalescent homes and homes for the aged. - Residential treatment centers Section 20 ,(AY. 1 (d) (4) is hereby created and shall read as follows: Section 20 X,4Y. 1 CH: Heavy Commercial District (d) Special Exception Uses (4) Institutional Uses Residential Treatment Centers Section 4 Section 25.1 Regulations for `Specific.Land Uses, is hereby amended by creating paragraph 25.1 (f) (7) as follows. Section 25.1 Regulations for Specific Land Uses (f) Institutional Uses (7) Residential treatment centers (Special Exception) a. Districts requiring special exception: Residential treatment centers may be allowed CODING: Words in W1409 tA41A type are deletions from existing law. Words underlined are additions. ORDINANCE NO. 87- 35 in the CL 002 ="A rN ni ctri r•+c b. Additional information requirements: 1. The site plan shall denote the location of all structures and parking facilities, for all adjacent sites and meet all requirements of Sections 23.1,23.2, and 23.3. 2. A floor plan showing the location, size, and space utilization of each room shall be sub- mitted. 3. The applicant will identify any and all res- idential treatment facilities located within one mile of the site. 4. The applicant shall submit a signed affidavit_ stating that all applicable regulations of Indian River County and the State of Florida as exist at the time of approval have been satisfied and that the applicant will comply with all future regulations. d. Criteria for Residential treatment centers. 1. Residential treatment centers shall be defined as a secure treatment facility treating in- patients and providing a living environment which includes the supervision and care necessary to meet physical, emotional and/or social needs of clients. Residential treatment centers may house a number of unrelated individuals undergoing treatment and staff members responsible for treatment. Residential treatment centers must meet all licensing requirements of the Department of Health and Rehabilitative Services of the State of Florida. 2. To avoid unsafe or unhealthy conditions that e overcrowdinq of persons living in these facilities,a minimum floor area 2er person shall be required. Floor area space accessiu.Le on a regular oasis Lo ali facility residents. (ii) Minimum sleeping areas. A minimum of eighty (80) square feet shall be provided in each sleeping space for single occu- pancy. A minimum of sixty (60) square feet of sleeping space shall be provided for each bed in a sleeping space for multi- ple occupancy. (iii) Bathroom facilities. A full bathroom with toilet, sink and tub or shower shall be provided for each five (5) residents. An additional toilet and sink shall be pro- vided for each additional group of four (4) persons or less. 3. The facility shall provide parking at a rate of one space per 500 square feet of gross floor area and comply with all other aspects of the off-street arking requirements of Section 24. The facility shall meet or exceed all open space requirements for the respective zoning district. CODING: Words in Wllt¢1 040 type are deletions from existing law. Words underlined are additions. ORDINANCE NO. 87- 35 4. The maximum capacity of Residential Treatment Centers shall not exceed the applicable number_ permitted by the Department of Health and Rehabilitative Services. 5. No residential treatment center shall be loc- cated within 1200 feet of any other resi- dential treatment facility. 6. Residential treatment centers shall have paved access. 7. Residential treatment centers shall have a twenty foot buffer strip with Type A screening at all points where they abut residentially zoned property. SECTION 5 REPEAL OF CONFLICTING PROVISIONS All previous ordinances, resolutions, or motions of the Board of County Commissioners or 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 Indian River County and which conflict with the provisions of this ordinance are hereby repealed to the extent of such conflict. SECTION 6 CODIFICATION The provisions of this ordinance shall be incorporated into the County Code and the 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. SECTION 7 SEVERABILITY 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. ORDINANCE NO. 87- 35 receipt from the Florida Secretary of State of official acknowledgment 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 7th day of April 1987. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA BY: / G DON C. SCUR O K, J CHAIRMAN ATTEST BY FREDA WRIGHFC weeF Acknowledgment by the Department of State of the State of Florida this 13th day of April , 1987. Effective Date: Acknowledgment from the Department of State received on this 16th day of April 1987 at 2:00 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. BRUCE BARKETT, ASSISTANT COUNTY ATTORNEY APPROVED AS TO PLANNING AND DEVELOPMENT MATTERS. RICHARD M. SHEARER, CHIEF, LONG-RANGE PLANNING Special Except. Ord. betty2 The .provisions of this ordinance shall become effective upon receipt from the Florida Secretary of State of official acknowledgment 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 7th day of April 1987. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA BY: / G DON C. SCUR O K, J CHAIRMAN ATTEST BY FREDA WRIGHFC weeF Acknowledgment by the Department of State of the State of Florida this 13th day of April , 1987. Effective Date: Acknowledgment from the Department of State received on this 16th day of April 1987 at 2:00 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. BRUCE BARKETT, ASSISTANT COUNTY ATTORNEY APPROVED AS TO PLANNING AND DEVELOPMENT MATTERS. RICHARD M. SHEARER, CHIEF, LONG-RANGE PLANNING Special Except. Ord. betty2