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HomeMy WebLinkAbout1986-74ORDINANCE NO. 86-74 5/27/86 Rich3 LR -Planning RS/h AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA AMENDING APPENDIX A OF THE CODE OF LAWS AND ORDINANCES, KNOWN AS THE ZONING CODE, ENACTING AN AMENDMENT TO THE RESIDENTIAL ZONING DISTRICTS AND SEVERAL RELATED ZONING REGULATIONS BY: 1) CREATING SECTION 15, "ROSE -4: ROSELAND RESIDENTIAL DISTRICT"; 2) AMENDING SECTION 25.1, "REGULATIONS FOR SPECIFIC LAND USES"; AND PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS AS WELL AS INCORPORATION IN CODE, SEVERABILITY, AND EFFECTIVE DATE, BE IT ORDAINED, by the Board of County Commissioners of Indian River County, Florida that: A new Section 15, entitled "Roseland Residential District", is hereby adopted and shall read as follows: SECTION 15 ROSE -4: ROSELAND RESIDENTIAL DISTRICT A. Purpose and Intent The ROSE -4, Roseland Residential District, is designed to accommodate single-family residences and mobile homes in the Roseland area at a density of up to four units per acre. The ROSE -4 district may be considered consistent with the MD -1 land use designation of the County's Comprehensive Plan, B. PERMITTED USES Outdoor storage shall be prohibited within the ROSE -4 district. Site plan review shall be required for all uses except single-family dwellings and mobile homes erected on individual lots, pursuant to the provisions of Section 23.1. All new mobile home parks or subdivisions must be platted and receive major site plan approval. In the ROSE -4 district, no building or structure shall be erected, altered or used, except for one or more of the following. 1. Residential Uses Single -Family Dwellings Mobile Homes 3. Community Service Uses Emergency Services 2. Institutional Uses - Foster Care Facilities 3. Community Service Uses Emergency Services The following uses shall be permitted within the ROSE -4 district subject to the specific use criteria established in Section '25.1, regulations for specific land uses, and review procedures established in Section 25.1, review of uses requiring administrative permits. 1. Institutional Uses Child care or adult care facilities (Sec. 25.1 (f)) 2. Recreational Uses (Sec. 25.1 (o)) Parks and playgrounds, open to the public C. Uses Requiring Administrative Permits The following uses shall be permitted within the ROSE -4 district subject to the specific use criteria established in Section '25.1, regulations for specific land uses, and review procedures established in Section 25.1, review of uses requiring administrative permits. 1. Institutional Uses Child care or adult care facilities (Sec. 25.1 (f)) 2. Recreational Uses (Sec. 25.1 (o)) Parks and playgrounds, open to the public ORDINANCE NO. 86- 74 D. Special Exception Uses The following uses may be permitted within the ROSE -4 district subject to the specific use criteria established in Section 25.1, regulations for specific land uses, and review procedures established in Section 25.3, regulation of special exception uses. 1. Institutional Uses (Sec. 25.1 (f)) Places of Worship 2. Community Service Uses (Sec. 25.1 (g)) Educational Facilities, Excluding Business, Secretarial and Vocational Government Administration Buildings 3. Recreation Uses (Sec. 25.1 (o)) - Golf Courses 4. Utility Uses (Sec. 25.1 (s)) Public and Private Utilities (Limited) E. ACCESSORY USES AND STRUCTURES As provided in Section 25 (G), "Accessory Uses and Structures". F. DIMENSIONAL REGULATIONS As provided in Table 15, herein, and Section 3.1, "Application of District Regulations". G. PERMITTED SIGNAGE As provided in Section 25 (0), "Signs". H. WALLS AND FENCES As provided in Section 25 (I), "Walls and Fences". I. MINIMUM OFF-STREET PARKING REQUIREMENTS As established in Section 24, "Off -Street Parking and Loading Regulations". J. ADDITIONAL REGULATIONS 1. Compliance with Subdivision Regulations. All developments within the ROSE -4 district shall be subdivided and platted pursuant to the provisions of the Indian River County Subdivision and Platting Regulations. 2. Construction Standards. All mobile homes shall be constructed in compliance with specifications set forth by the National Fire Protection Association (NFPA) under the Associations' Code of Specifications for Mobile Homes and Travel Trailers and applicable State and Federal Regulations. Each mobile home, trailer, or other portable living unit shall be anchored in a manner prescribed by the Building Code consistent with the Federal Department of Housing and Urban Development standards. The minimum first floor elevation shall be at least eighteen (18) 2 nches above the crown of the street. EM ORDINANCE NO. 86- 74 All awnings, carports, principal patios and accessories to the building or accessory buildings shall be constructed in compliance with the Building Code of Indian River County. 3. Mobile Home Undercarriage Skirting. The frame, axles, wheels, crawl space storage area and utility connection of all mobile homes shall be concealed from view through the use of durable all-weather materials manufactured specifically for the purpose of covering the undercarriage area. Such skirting shall be fastened in accordance with manufacturer's instructions and provide for adequate ventilation. a. Screening. All storage areas shall be a minimum of thirty (30) feet from any adjacent mobile home lot line, enclosed by a security fence, and shall be properly screened from neighboring residences. b. Minimum Area. All storage areas shall provide a minimum of one (1) space for every ten (10) mobile homes. All stalls shall have a minimum width of twelve (12) feet and a minimum depth of thirty (30) feet, and all drives shall be a minimum of twenty-five (25) feet wide. Buffering Along Development Boundaries. The distance from the line or corner of any mobile home lot to a boundary line of the development shall be adequate to protect the residential use in the development and in any case shall not be less than the following: a. Where the adjoining land use (existing or permitted) is other, similar or higher density residential use or is a local or collector street, a distance of thirty (30) feet containing a 900 visually solid year round landscape buffer six (6) feet in height. b. Where the adjoining land use is an arterial street, a residential use of lower density or a nonresidential use, protection shall be provided by providing a distance of forty (40) feet containing berms, walls, solid or louvered fencing, open fencing with appropriate planting, or visually solid year round landscape buffer, six (6) feet in height. c. The areas outlined in Subsections "a" and "0 above may be included as parts of the respective adjacent lots, but shall not be included as part of the required minimum lot area. REQUIRED IMPROVEMENTS. A11 future subdivisions and site plans for developments within the ROSE -4 zoning district shall provide the following improvements, designed and constructed to the home 4. Common Vehicular Storage Areas. All mobile subdivisions within the ROSE -4 zoning district created after the effective date of this ordinance shall provide a common area for the storage of recreational equipment including boats and recreational vehicles. a. Screening. All storage areas shall be a minimum of thirty (30) feet from any adjacent mobile home lot line, enclosed by a security fence, and shall be properly screened from neighboring residences. b. Minimum Area. All storage areas shall provide a minimum of one (1) space for every ten (10) mobile homes. All stalls shall have a minimum width of twelve (12) feet and a minimum depth of thirty (30) feet, and all drives shall be a minimum of twenty-five (25) feet wide. Buffering Along Development Boundaries. The distance from the line or corner of any mobile home lot to a boundary line of the development shall be adequate to protect the residential use in the development and in any case shall not be less than the following: a. Where the adjoining land use (existing or permitted) is other, similar or higher density residential use or is a local or collector street, a distance of thirty (30) feet containing a 900 visually solid year round landscape buffer six (6) feet in height. b. Where the adjoining land use is an arterial street, a residential use of lower density or a nonresidential use, protection shall be provided by providing a distance of forty (40) feet containing berms, walls, solid or louvered fencing, open fencing with appropriate planting, or visually solid year round landscape buffer, six (6) feet in height. c. The areas outlined in Subsections "a" and "0 above may be included as parts of the respective adjacent lots, but shall not be included as part of the required minimum lot area. REQUIRED IMPROVEMENTS. A11 future subdivisions and site plans for developments within the ROSE -4 zoning district shall provide the following improvements, designed and constructed to the e ORDINANCE NO. 86-.74 requirements and specifications in the Code of Laws and Ordinances of Indian River County and the State of Florida* 1. Bikeways (as specified in the County Bikeway Plan, as currently exists or may hereafter be adopted). 2. Sidewalks, 3. Street lights. J ORDINANCE NO. 86- 74 TABLE 15: SIZE AND DIMENSION CRITERIA ROSE -4 DISTRICT MAX. DENSITY 4.0 d.u. per gross acre MIN. LOT SIZE 10,000 square feet MIN. LOT WIDTH 70 feet MIN. YARD Front 20 Side 10 feet Rear 20 MIN. FLOOR AREA 550 Sq. Ft. per dwelling unit MAX. BLDG, HEIGHT 35 feet MAX. LOT COVERAGE 30 % of lot MIN. OPEN SPACE 35 of gross area MIN. DISTRICT SIZE 20 gross acres MIN COMMUNITY 10 % of gross area REC. FACILITIES* * For new mobile home developments ORDINANCE NO. 86- 74 Section 25.1F, entitled "Regulation for Specific Land Uses, Institutional Uses", is hereby amended and shall read as follows: 25.1F INSTITUTIONAL USES 1. Child Care or Adult Care Facilities. (Administrative Permit, Special Exception) a. Districts Requiring Administrative Permit: Child care or adult facilities shall be allowed in the A-1, RFD, RM -81 RM -10, RM -141 RMH-61 RMH-8, ROSE -41 OCR and CN districts upon approval for an administrative permit as provided in Section 25.2 and after meeting the requirements defined below. 2. Places of Worship. (Administrative Permit, Special Exception) b. Districts requiring special exception: Places of worship may be allowed in the RS -1, RS -3, RS -6, RT -6, RM -3, RM -4, RM -6, RMH-61 yi¢1 RMH-8, and ROSE -4 districts upon approval as a special exception as provided in Section 25.3 and after meeting the requirements defined below. CVrTTnW I Section 25.1G, entitled "Regulations for Specific Land Uses, Community Service Uses", is hereby amended and shall read as follows: 25.1G COMMUNITY SERVICE USES 3. Schools, Primary and Secondary. (Special Exception) a. Districts Requiring Special Exception: Primary and secondary schools may be allowed in the A-1, RFD, RS -1, RS -31 RS -61 RT -61 RM -31 RM -4, RM -6, RM -8, RM -101 RM -14, RMH-6, RMH-81 ROSE -4, OCR, MED, CN, CL, CG and CH zoning districts upon receiving approval as a special exception as provided in Section 25.3 and after meeting the requirements defined below. 4. Governmental Administration Building. (Administrative Permit and Special Exception) b. Districts Requiring Special Exception: Governmental administration building may be allowed in the A-1, RFD, RS -1, RS -3, RS -6, RT -61 RM -31 RM -4, RM -6, RM -81 RM -101 RM -14, RMH-6, RMH-81 ROSE -4 and CRVP districts upon receiving approval as a special exception as provided in Section 25.3 and after meeting the requirements defined below. CODING: words in 4tl40Y,fflht-i type are deletions from existing law; words underlined are additions. ORDINANCE NO. 86- 74 Section 25.10, entitled "Regulations for Specific Land Uses, Recreation Uses", is hereby amended and shall read as follows: 25.10. RECREATION USES 1. Golf Courses and Accessory Facilities. (Administrative Permit and Special Exception) a. Districts Requiring Special Exception: Golf courses and accessory facilities may be allowed in the RFD, RS -1, RS -3, RS -61 RT -61 RM -3, RM -4, RM -6, RM -8, RM -10, RM -14, RMH-6, 444 RMH-8 and ROSE -4 upon receiving approval as a special exception as provided in Section 25.3 and after meeting the requirements defined below. 2. Parks and Playgrounds Open to the Public. (Administrative Permit) a. Districts Requiring Administrative Permit: Public parks and playgrounds shall be allowed within the RS -1, RS -3, RS -6, RT -6, RMH-6, AAd RMH-8 and ROSE -4 zoning districts upon receiving approval for an administrative permit as provided in Section 25.2 and after meeting the requirements defined below. Section 25.1S, entitled "Regulations for Specific Land Uses, Utility Uses", is hereby amended and shall read as follows: 25.1S. UTILITY USES 3. Public and Private Utilities, Limited. (Administrative Permit) a. Districts Requiring Administrative Permit: Limited public and private utilities may be allowed within the RFD, RS -1, RS -3, RS -6, RT -6, RM -3, RM -4, RM -6, RM -8, RM -101 RM -14, RMH-6, RMH-81 ROSE -41 CRVP, OCR, MED, CN, CL, CG, and CH districts upon receiving approval as a special exception as provided in Section 25.2 and after meeting the requirements defined below. 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 CODING: words in sitriA¢fryind type are deletions from existing law, words underlined are additions. ORDINANCE NO. 86- 74 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 7 INCORPORATION IN CODE 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 8 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. SECTION 9 SEVERABILITY 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 18th day of Novembel986. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA BY : ZZAP„ DON C. SCURL CK, JR. AIRMAN ORDINANCE NO. 86- 74 Acknowledgment by the Department of State of the State of Florida this 21st day of November ,1986 Effective Date: Acknowledgment from the Department of State received on this 26th day of November 1986 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. N , qz: S" BRUCE BARKETT, ASSISTANT COUNTY ATTORNEY APPROVED AS TO PLANNING AND DEVELOPMENT MATTERS. Richard M. Shearer, AICP Chief, Long -Range Planning