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Home My WebLink About1986-66ORD/Land Uses/ARTCHA Environmental Planning Challacombe/Jefferson September 30, 1986 ORDINANCE NO. 86- 66 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 25-1(c), REGULATIONS FOR SPECIFIC LAND USES; AND AMENDING SECTION 4(A). A-1 AGRICULTURAL DISTRICT; SECTION 4(A).1 RFD RURAL FRINGE DEVELOPMENT DISTRICT; SECTION 5(A). RS -1 SINGLE FAMILY RESIDENTIAL DISTRICT; SECTION 6(A). RS -3 & RS -6 SINGLE FAMILY RESIDENTIAL DISTRICTS; SECTION 9(A). RT -6, TWO-FAMILY RESIDENTIAL DISTRICT; SECTION 10(A), RM -3, RM -4, & RM -6 MULTIPLE FAMILY RESIDENTIAL DISTRICTS; AND SECTION ll(A). RM -8, RM -10 & RM -14 MULTIPLE FAMILY DIS- TRICTS; OF APPENDIX A OF THE CODE OF LAWS AND ORDINANCES, KNOWN AS THE ZONING CODE, ALLOWING FOR THE LIMITED CON- STRUCTION OF SINGLE-FAMILY DOCKS IN RESIDENTIAL ZONING DIS- TRICTS; PROVIDING CRITERIA AND INFORMATION REQUIREMENTS FOR RECEIVING AN ADMINISTRATIVE PERMIT; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; CODIFICATION; SEVERABILITY; AND EFFECTIVE DATE. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that: Section 25.1(c) is hereby amended as follows: (7) Single family docks constructed prior to the construc- tion of a principal single-family dwelling unit (Administrative Permit) a. The construction of a single family dock on a lot prior to the construction of a principal single-family dwelling unit on the same lot shall be permitted for the purpose of providing waterfront property owners vested riparian rights of access to the adjacent waterbody. The aforementioned dock, however, shall continue to be construed as an accessory structure, and its use prior to the issuance of a certificate of occupancy for the principal structure shall not be considered consistent with the appropriate zoning district regulations. - b. Districts requiring administrative permit. Single family docks may be allowed in the A-1, RFD, RS -3, RS -6, RT -6, RM -31 RM -4, RM -6, RM -8, RM -10 & RM -14 Districts prior to construction of a principal single-family dwelling use upon receiving approval for an administrative permit as provided in Section 25.2 and after meeting the requirements defined below. c. Additional information requirements: 1. A site plan showing the dimensions, elevations and location of the dock structure 2. All applicable local, state, and federal permits, leases or consent of use agreements shall be submitted to the Planning & Development Division prior to release of the dock site plan. d. Criteria for single family docks constructed prior to the construction of a principal single dwelling unit: CODING: Words underlined are additions. 1. The owner shall submit and record in the public records of Indian River County an agreement that the dock will not be used until such time as a certificate of occupancy for the principal single family unit is issued by the County. 2. To secure the agreement, the owner shall post with the County a $5,000 removal bond which may be utilized by the County for removing the dock upon the determination of the Code Enforcement Board that the dock has been used with the owner's knowledge. Said bond shall be released to the owner providing the dock is removed within 30 days by the owner to the satisfaction of. the County. 3. Upon determination by the Code Enforcement Board that a violation has occurred, the Board shall order the owner to remove the dock and shall prohibit the building of a -structure riparian to the land in question for a period of not less than two nor more than five years. The order of the Board shall be recorded in the public records of Indian River County. 4. The dock shall be constructed on pilings so as not to involve filling or dredging other than that necessary to install the pilings_. 5. The dock shall not substantially impede the flow of water or create a naviqational hazard. The following paragraphs within residential zoning district sections are hereby amended as follows: A. Section 4(A). A-1 Agricultural District. C* USES REQUIRING ADMINISTRATIVE PERMITS. The following uses shall be permitted in the A-1 Agricultural District, subject to the specific use criteria established in Section 25.1, "Regulations for Specific Land Uses" and review procedures established in Section 25.2 "Review of Uses Requiring Administrative Permits". 1. Agricultural Uses. (Section 25.1(A) ) Agricultural Research Facilities - Dairy Farming Fruit and Vegetable Packing Houses — Kennels and Animal Boarding Places, Commercial Small Animal Specialty Farms Tenant Dwellings 2. Residential Uses. (Section 25.1(B) ) Mobile Homes single family docks on vacant lots 3. Institutional Uses (Section 25.1(C) ) Child Care or Adult Care Facilities 4. Recreational Uses (Section 25.1(E) ) CODING: Words underlined are additions. 5. Commercial Uses (Section 25.1(F) ) - Fruit and Vegetable Stands C. Section - Veterinary Clinic or Animal Hospital 6. Earthmoving (Section 25.1(J) ) Mining Activities B. Section 4(A).1 RFD Rural Fringe District. c. USES REQUIRING ADMINISTRATIVE PERMITS. The following uses shall be permitted in the RFD, Rural Fringe Development District, subject to the specific use criteria established in Section 25.1, "Regulations for Specific Land Uses" and review procedures established in Section 25.2, "Review of Uses Requiring Administrative Permits". 1. Agricultural Uses. (Section 25.1(A) ) Kennels and Animal Boarding Places, Noncommercial Nurseries and Greenhouses, Noncommercial - Stables, Noncommercial 2. Institutional Uses. (Section 25.1(C) ) - Child Care or Adult Care Facilities 3. Residential Uses (Section 25.1(C) ) WM single-family docks on vacant lots c. USES REQUIRING ADMINISTRATIVE PERMITS. The following uses shall be permitted in the RS -1 Single Family Residential District subject to the specific use criteria established in Section 25.1, "Regulations for Specific Land Uses" and review procedures established in Section 25.2, "Review of Uses Requiring Administrative Permits". 1. Agricultural Uses. (Section 25.1(A) ) - Kennels, Noncommercial 2. Recreation Uses. (Section 25.1(E) ) Parks and Playgrounds, Open to the Public 3. Residential Uses (Section 25.1(C single family docks on vacant lots D. Section 6(A) RS -3 & RS -6 Single Family Residential Districts c. USES REQUIRING ADMINISTRATIVE PERMITS. The following uses shall be permitted in the RS -3 and RS -6, Single Family Residential Districts, CODING: Words underlined are additions. C. Section 5(A)..RS-1 Single Family Districts c. USES REQUIRING ADMINISTRATIVE PERMITS. The following uses shall be permitted in the RS -1 Single Family Residential District subject to the specific use criteria established in Section 25.1, "Regulations for Specific Land Uses" and review procedures established in Section 25.2, "Review of Uses Requiring Administrative Permits". 1. Agricultural Uses. (Section 25.1(A) ) - Kennels, Noncommercial 2. Recreation Uses. (Section 25.1(E) ) Parks and Playgrounds, Open to the Public 3. Residential Uses (Section 25.1(C single family docks on vacant lots D. Section 6(A) RS -3 & RS -6 Single Family Residential Districts c. USES REQUIRING ADMINISTRATIVE PERMITS. The following uses shall be permitted in the RS -3 and RS -6, Single Family Residential Districts, CODING: Words underlined are additions. I subject to the specific use criteria established in Section 25.1, "Regulations for Specific Land Uses" and review procedures established in Section 25.2, "Review of Uses Requiring Administrative Permits". 1. Agricultural Uses. (Section 25.1(A) ) Noncommercial Kennels and Animal Board Places (RS -3 district only) 2. Institutional Use. (Section 25.1(C) ) Group Home, Level I (RS -6 District Only) 3. Recreation Uses. (Section 25.1(E) ) Parks and Playgrounds, Open to the Public 4. Residential Uses. (Section 25.1(C) ) single family docks on vacant lots c. USES REQUIRING ADMINISTRATIVE PERMITS. The following uses shall be permitted in the RT -6 Two -Family Residential District subject to the specific use criteria established in Section 25.1 "Regulations for Specific Land Uses" and review procedures established in Section 25.2, "Review of Uses Requiring Administrative Permits". 1. Institutional Uses. (Section 25.1(C) ) Group Home, Level I 2. Recreation Uses. (Section 25.1(E) ) Parks and Playgrounds, Open to the Public Residential Uses. (Section E. Section 9(A). RT -6 Two -Family District c. USES REQUIRING ADMINISTRATIVE PERMITS. The following uses shall be permitted in the RT -6 Two -Family Residential District subject to the specific use criteria established in Section 25.1 "Regulations for Specific Land Uses" and review procedures established in Section 25.2, "Review of Uses Requiring Administrative Permits". 1. Institutional Uses. (Section 25.1(C) ) Group Home, Level I 2. Recreation Uses. (Section 25.1(E) ) Parks and Playgrounds, Open to the Public single family docks on vacant lots F. Section 10(A). RM -31 RM -4 & RM -6 Multiple Family Residential Districts c. USES REQUIRING ADMINISTRATIVE PERMITS. The following uses shall be permitted in the RM -3, RM -4 and RM -6 Multiple Family Residential Districts subject to the specific use criteria established in Section 25.1, "Regulations for Specific Land Uses" and review procedures established in Section 25.2, "Review of Uses Requiring Administrative Permits". 1. Institutional Uses. (Section 25.1(C) ) Group Home, Level I 2. Residential Uses. (Section 25.1(C) ) single family docks on vacant lots G. Section ll(A) RM -8, RM -10, and RM -14 Multiple Family Districts CODING: Words underlined are additions. 3. Residential Uses. (Section 25.1(C) ) single family docks on vacant lots F. Section 10(A). RM -31 RM -4 & RM -6 Multiple Family Residential Districts c. USES REQUIRING ADMINISTRATIVE PERMITS. The following uses shall be permitted in the RM -3, RM -4 and RM -6 Multiple Family Residential Districts subject to the specific use criteria established in Section 25.1, "Regulations for Specific Land Uses" and review procedures established in Section 25.2, "Review of Uses Requiring Administrative Permits". 1. Institutional Uses. (Section 25.1(C) ) Group Home, Level I 2. Residential Uses. (Section 25.1(C) ) single family docks on vacant lots G. Section ll(A) RM -8, RM -10, and RM -14 Multiple Family Districts CODING: Words underlined are additions. c. USES REQUIRING ADMINISTRATIVE PERMITS The following uses shall be permitted in the RM -8, RM -10 and RM -14 Multiple Family Residential Districts, subject to the specific use criteria established in Section 25.1, "Regulations for Specific Land Uses" and review procedures established in Section 25.2, "Review of Uses Requiring Administrative Permits". 1. Institutional Uses. (Section 25.1(C) ) Child Care or Adult Care Facilities Group Homes: Level II and Level III Places of Worship 2. Residential Uses. (Section 25.1(C) ) single family docks on vacant lots H. Section 13(A). RMH-6 & RMH-8 Mobile Home Residential Districts c. USES REQUIRING ADMINISTRATIVE PERMITS The following uses shall be permitted in the RMH-6 and RMH-8, Mobile Home Residential Districts, subject to the specific use criteria established in Section 25.1, "Regulations for Specific Land Uses" and review procedures established in Section 25.2, "Review of Uses Requiring Administrative Permits". 1. Institutional Uses. (Section 25.1(C) ) - Child Care or Adult Care Facilities 2. Recreational Uses. (Section 25.1(E) ) Parks and Playgrounds Open to the Public 3. Residential Uses. (Section 25.1(C) ) - single family docks on vacant lots SECTION 3 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 Indian River County and which conflict with the provisions of this ordinance are hereby repealed to the extent of such conflict. CODING: Words underlined are additions. 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 work, and the sec- tions 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 unconsti- tutional, 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 effec- tive upon receipt from the Florida Secretary of State of offi- cial acknowledgment that this ordinance has been filed with the Department of State. Approved and adopted by the Board of County Commis- sioners of Indian River County, Florida, on this 30th day of September, 1986. BOARD OF COUNTY COMMISSIONERS OF INDIAN -RIVER COUNTY By �, .4;r: rz G DON C. SCURLOCK, JR. Chairman Acknowledgment by the Department of State of the State of Florida this 6th day of October , 1986. Effective Date: Acknowledgement from the Department of State received on this 9th day of October , 1986, at 11:00 A.M./P.M. and filed in the Office of the Clerk of the Board c=ounty Commissioners of Indian River County, Florida. APPROVED AS TO FORM AND LEGAL SUFFICIENC . By 7\4a BRUCE BARKETT, Asst, County Attorney BY Robert M. Keat'ng, rector Planning and Development