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HomeMy WebLinkAbout1987-14ORDINANCE NO. 87- 14 12/10/86 rich2 LR -Planning RS/vh AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING APPENDIX A OF THE CODE OF LAWS AND ORDINANCES, KNOWN AS THE ZONING CODE, BY 1) CREATING SECTION 5.1. RS -2, SINGLE-FAMILY RESIDENTIAL DISTRICT; 2) AMENDING SECTION 25.1, "REGULATIONS FOR SPECIFIC LAND USES"; AND PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS AS WELL AS CODIFICATION, SEVERABILITY, AND EFFECTIVE DATE. BE IT ORDAINED by the Board of County Commissioners of Indian River County, Florida that: A new Section 5.1, entitled "RS -2, Single -Family Residential District", is hereby adopted and shall read as follows: SECTION 5.1 RS -2: SINGLE-FAMILY RESIDENTIAL DISTRICT A. Purpose and Intent The RS -2, Single -Family Residential District, is designed for low-density developments of up to two single-family dwelling units per acre. The RS -2 district is intended to be consistent with the LD -1 Comprehensive Plan land use designation and may also be utilized in areas designated as LD -2 on the Comprehensive Plan when such areas have an existing development pattern consistent with the RS -2 district. B. Permitted Uses In the RS -2, Single -Family Residential District no building or structure shall be erected, altered or used, except for one or more of the following. Site plan review shall be required for all uses except single-family dwellings, pursuant to the provisions of Section 23.1. (1) Residential Uses Single-family dwellings (3) Community Service Uses Emergency Services Uses Permits C. Uses Requiring (2),Institutional Administrative - Foster care facilities (3) Community Service Uses Emergency Services The following uses shall be permitted in the RS -2, 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)) Noncommercial kennels and animal boarding places (2) Recreational Uses (Section 25.1(0)) Parks and playgrounds, open to the public Permits C. Uses Requiring Administrative The following uses shall be permitted in the RS -2, 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)) Noncommercial kennels and animal boarding places (2) Recreational Uses (Section 25.1(0)) Parks and playgrounds, open to the public ORDINANCE NO. 87- D. Special Exception Uses The following uses may be permitted in the RS -2, 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 25.3, Regulation of Special Exception Uses. (1) Agricultural Uses (Section 25.1(a)) - Nurseries and greenhouses, noncommercial Stables, noncommercial (2) Residential Uses (Section 25.1 (c)) Guest Cottages - Planned residential developments (3) Institutional Uses (Section 25.1 (f)) - Child care or adult care facilities - Places of worship (4) Community Service Uses (Section 25.1 (g)) Schools, primary and secondary Government Administration buildings (5) Recreation Uses (Section 25.1(o)) Country Clubs Golf courses (6) Utility uses (Section 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 5.1, herein, and Section 3.1, Application of District Regulations. G. Permitted Signage As provided in Section 25 (o), Signs. H. Walls and Fences As provided in Section 25 (i), Walls and Fences. I. Minimum Off -Street Parking Requirements As provided in Section 24, Off -Street Parking and Loading Regulations. J. Required Improvements All future subdivision and site plans for developments within the RS -2 zoning district shall provide the following improvements, designed and constructed to the 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's sidewalk and bikeway plan.) (2) Sidewalks (as specified in the County's sidewalk and bikeway plan). ORDINANCE NO. 87 - TABLE 5.1 SIZE & DIMENSION CRITERIA RS -2 ZONING DISTRICT RS -2 MAXIMUM DENSITY 2.0 D.U. per gross acre MINIMUM LOT SIZE 16,0001 Square Feet MINIMUM LOT WIDTH 100 Feet MINIMUM YARD Front 25 Side 15 Feet Rear 25 MINIMUM FLOOR AREA 11600 Square Feet MAXIMUM LOT COVERAGE 35 Percent of Lot MINIMUM OPEN SPACE 40 Percent of Lot MAXIMUM BUILDING HEIGHT 35 Feet MINIMUM DISTRICT SIZE 20 Acres 1. In no case shall the density exceed two (2) dwelling units per acre. ORDINANCE NO. 87 - Section 25.1 (a), entitled "Regulations for Specific Land Uses, Agricultural Uses", is hereby amended and shall read as follows: 25.1 (a) Agricultural Uses 6. Kennels and animal boarding places, noncommercial (Administrative Permit) a. Districts requiring administrative permit: Noncommercial kennels and animal boarding places shall be allowed in the RFD, RS -1, RS -2 and RS -3 Districts upon receiving approval for an administrative permit as provided in Section 25.2 and after meeting the requirements defined below. 7. Nurseries and greenhouses, noncommercial (Administrative Permit and Special Exception). b. Districts requiring special exception: Noncommercial nurseries and greenhouses may be permitted in the RS -1, RS -21 RS -31 RS -6, RT -61 RM -3, RM -41 RM -61 RM -81 RM -10 and RM -14 Districts upon receiving approval as a special exception as provided in Section 25.3 and after meeting the requirements defined below. 9. Stables, noncommercial (Administrative Permit and Special Exception). b. Districts requiring special exception: Noncommercial stables may be allowed in the RS -1, RS -2, RS -3, RS -6, RT -6, RM -31 RM -4, RM -6, RM -8 RM -10 and RM -14 Districts upon receiving approval as a special exception as provided in Section 25.3 and after meeting the requirements defined below. Section 25.1 (c), entitled "Regulations for Specific Land Uses, Residential Uses", is hereby amended and shall read as follows: 25.1 (c) Residential Uses 1. Guest cottages (Special Exception) Districts requiring special exception: Guest cottages may be allowed in the A-1, RFD, RS -1, RS -21 RS -3 and RS -6 Districts upon receiving approval as a special exception as provided in Section 25.3 and after meeting the requirements defined below. 6. Planned residential development (Special Exception). a. Districts requiring special exception: Planned residential developments may be allowed in the A-1, RFD, RS -1, RS -2, RS -31 RS -61 RT -61 RM -3, RM -4, RM -6, RM -8, RM -10, RM -14, OCR, MED, CN, CL, CG and CH districts upon approval of a special exception as provided in Section 25.3 and after meeting the requirements defined below. Section 25.1 (f), entitled "Regulation for Specific Land Uses, Institutional Uses", is hereby amended and shall read as follows: CODING: Words in 4ttlA¢XfrAro type are deletions from existing law; words underlined are additions. u ORDINANCE NO. 87- 25.1 (f) Institutional Uses 1. Child Care or Adult Care Facilities. (Administrative Permit, Special Exception) a. Districts Requiring Administrative Permit: Child care or adult care facilities shall be allowed in the A-1, RFD, RM -8, RM -101 RM -141 RMH-61 RMH-81 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. b. Districts Requiring Special Exception: Child care or adult care facilities may be allowed in the RS -1, RS -2, RS -31 RS -61 RT -6, RM -3, RM -4 and RM -6 zoning districts upon approval as a special exception as provided in Section 25.3 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 -2, RS -3, RS -6, RT -6, RM -3, RM -4, RM -6, RMH-6, 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. Section 25.1 (g), entitled "Regulations for Specific Land Uses, Community Service Uses", is hereby amended and shall read as follows: 25.1 (g) 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 -21 RS -31 RS -61 RT -6, RM -3, RM -41 RM -6, RM -8, RM -10, 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 -2, RS -31 RS -6, RT -6, RM -3, RM -41 RM -6, RM -8, RM -10, 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. Section 25.1 (o), entitled "Regulations for Specific Land Uses, Recreation Uses", is hereby amended and shall read as follows: CODING: Words in WAOXft4t4 type are deletions from existing law; words underlined are additions. ORDINANCE NO. 87- 25.1 (g) Recreation Uses 1. Country Clubs (Administrative Permit and Special Exception) b. Districts Requiring Special Exception: Country Clubs may be allowed in the RFD, RS -1, RS -21 RS -31 RS -6, RT -6, RM -3, RM -41 RM -6, RM -8, RM -10, and RM -14 districts upon receiving approval as a special exception as provided in Section 25.3 and after meeting the requirements defined below. 2. Golf Courses and Accessory Facilities. (Administrative Permit and Special Exception) a. District Requiring Special Exception: Golf courses and accessory facilities may be allowed in the RFD, RS -1, RS -2, RS -3, RS -6, RT -6, RM -3, RM -4, RM -61 RM -8, RM -10, RM -14, RMH-6, RMH-8 and ROSE -4 upon receiving approval as a special exception use as provided in Section 25.3 and after meeting the requirements defined below. 4. 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 -21 RS -31 RS -61 RT -61 RMH-6, 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 25.1 (s), entitled "Regulations for Specific Land Uses, Utility Uses", is hereby amended and shall read as follows: 25.1 (s) 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 -21 RS -31 RS -6, RT -6, RM -3, RM -4, RM -61 RM -81 RM -101 RM -14, RMH-6, RMH-8, 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 yf¢1Eftkitif type are deletions from existing law, words underlined are additions. ORDINANCE NO. 87- 14 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 9 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 10 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 11 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 3rd day of February1987. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA BY: / G DON C. SCURL CK, JRev IfAIRMAN