HomeMy WebLinkAbout1988-34ORDINANCE NO. 88 - 34
AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING
SECTION 3 (A) . 1 (e) (3) f AND SECTION 25.1 (a) (3) (c. OF
APPENDIX A OF THE CODE OF LAWS AND ORDINANCES OF INDIAN
RIVER COUNTY, FLORIDA, KNOWN AS THE ZONING CODE; PRO-
VIDING FOR CLARIFICATION OF BUFFER REQUIREMENTS BETWEEN
ACTIVE AGRICULTURAL OPERATIONS AND RESIDENCES BUILT UPON
NEWLY CREATED LOTS; AND PROVIDING FOR CLARIFICATION OF
BUFFER REQUIREMENTS BETWEEN AGRICULTURAL RESEARCH
FACILITIES AND NON-AGRICULTURAL USES, AND PROVIDING FOR
REPEAL OF CONFLICTING PROVISIONS, CODIFICATION, SEVER-
ABILITY, AND EFFECTIVE DATE.
NOW THEREFORE, be it ordained by the Board of County
Commissioners of Indian River County that:
Section 1
Section 3 (a) . 1 (e) (3) f of Appendix A, the Zoning Code, Indian
River County Code of Laws and Ordinances is hereby amended to read
as follows:
"f. Yards adjacent to agricultural operations.
Notwithstanding any other provisions of this ordinance,
on all residentially zoned lots created after the
effective date of this ordinance which are adjacent to,
active agricultural operations involving citrus groves,
orchards, field crops, or truck farming, all yards for
nonagricultural activities shall provide between the
agricultural and residential use(s), 4/i4plU" buffering
as follows:
1. For projects zoned for development at one (1) unit
per acre or less, a minimum fifty (50) foot build-
ing (residence) setback shall be established.
Within the 50' setback, a bufferyard shall be
provided which includes a Type "A" screen having
canopy trees planted every twenty (20) lineal feet
in order to protect residents from spraying. In
such cases where the Type "A" continuous six (6)
foothigh screening is to be composed of vegetation,
said vegetation must provide the 6' high screen
within three (3) vears of planting.
2. For projects zoned for development at more than one
(1) unit per acre, a fifty (50) foot building
(residence) setback shall be established. In lieu
of a 50' setback, a minimum X04)
twenty-five (25) foot bufferyard with Type "A"
screening having canopy trees planted every twenty
(20) lineal feet shall be established. 160f fOttAt i
in order to protect residents from 4¢1�jiX spray-
ing. In such cases where the Type "A" continuous
6' high screening is to be composed of vegetation,
said vegetation must provide the 6' high screen
within three (3) years of planting.
Where a 50' setback is established, such setback shall
be depicted and noted on the subdivision final plat.
Section 2
Section 25.1(a)(3) of Appendix A, the Zoning Code, Indian
River County Code of Laws and Ordinances is hereby amended to read
as follows:
CODING: Words in WilOgitK401A0 type are deletions from existing
law; words underlined are additions.
"3. Agricultural Research Facilities. (Administrative Permit)
a. Districts. Requiring Administrative Permits:
Agricultural research facilities shall be allowed in the
A-1 district upon receiving approval for an
administrative permit as provided, in Section 25. .2 and
after meeting the requirements defined below.
b. Additional Information Requirements:
i. A site plan meeting all of the requirements of
Section 23.
lie A statement identifying any toxic or hazardous
wastes and/or substances which may be generated or
utilized on the premises.
c. Criteria for Agricultural 'Research Facilities:
i. All buildings and
least one hundred
lines.
structures shall be located at
(100) feet from all property
ii. The site shall be a minimum of thirty (30) acres in
size.
iii. The facility shall provide between the agricultural
facility and cultivated areas, and any adjacent
residential or commercial use, either a minimum
fifty (50). foot, setback for structuresand
cultivated areas or a X043 It 14491 OAOOd twenty-
five (25) foot- 161AM6t Atg1 yard with Type "A"
screening��¢�Ii�/I/vi��if¢X¢1dXi��iX//a/cfrJ1/v/ift11/�'s
in order to protect residents and businesses from
$¢)XOX spraying and other chemical applications.
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.
Section,4
The provisions 6,f'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 5
If any section, part of a sentence, paragraph, phrase or word
of this ordinance is for any reason held to be unconstitutional,
unoperative 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.
CODING: .Words in OttOOXftXtO04X type are deletions from existing
law, words underlined are additions. .
Y U
.N
Ordinance No. 88-34
Section 6
EFFECTIVE DATE
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, except for those provisions having a. ,later
effective date specifically prescribed herein.
Approved and adopted by the "Board of Count y""Com4ssFioners:of
Indian River County, Florida on this 23rd d1. a.y of �A' It
VL -
1988. eo
RIO
>a
BOARD OF .. COUgTY �COMMIS'S�TON,
,m
OF INDIAN,' RIVER' COTY
UN, �ORtIDA'
joo
,StF
BY:40
',
Gary C. Beeler;° VJ.ce `Chairman 1.
Acknowledged by the Department of. State: of the State of
Florida this 29th day of August 1988•
EFFECTIVE DATE: Acknowledged from the Department of State
received on this 2nd day of _September , 19881F at 10:00
AM -PM and filed in the office of the Clerk of the Board of County
Commissioners of Indian River County, Florida.
APPROVED AS TO FORM APPROVED AS TO PLANNING
AND LEGAL SUFFICIENCY MATTERS
�� Qt •�.,� ale.
William G. Collins, II
Assistant County Attorney
e
NO
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