Loading...
HomeMy WebLinkAbout1994-25AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDIING THE FOLLOWING CHAPTERS OF THE LAND DEVELORMENT REGULATIONS (LDRS): CHAPTER 901, DEFINITIONS; CHAPTER 902, ADMINISTRATIVE MECHANISMS; CHAPTER 911, ZONING; CHAPTER 912, SINGLE FAMILY DEVELOPMENT; CHAPTER 913, SUBDIVISIONS AND PLATS; CHAPTER 914, SITE PLAN REVIEW AND APPROVAL PROCEDURES; CHAPTER 917, ACCESSORY USES AND STRUCTURES; CHAPTER 930, STORMWATER MANAGEMENT AND FLOODPLAIN PROTECTION; CHAPTER 934, EXCAVATION AND MINING; CHAPTER 953, FAIRSHARE ROADWAY IMPROVEMENTS; CHAPTER 955, MOVING STRUCTURES; CHAPTER 971, REGULATIONS FOR SPECIFIC LAND USE CRITERIA; 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: 1. Vehicle storage lot (paved or unpaved) use category. The use table in Sections 911.10(4) and 911.11(4) are hereby amended as follows. [911.10(4)] PRO OCR MED CN CL CG CH1 Outdoor storage - - - - - - A Vehicle storage lot (paved/unpaved) P 3Standards for unpaved vehicle storage lots are found in section 954.08(6). [911.11(4)] IL IG Outdoor storage P P Vehicle storage lot (paved/unpaved) P P ZStandards for unpaved vehicle storage lots are found in section 954.08(6)._ 2. Automobile sales in industrial districts. The 911.11(4) use table in Section 911.11(4) is hereby amended as follows: Boat dealers P - Recreational vehicle dealers P - Motorcycle dealers P - Automobile sales (new and/or used) P 3. Special yard situations for multi -frontage lots. Section 911.15(2)(f)2.a. is hereby amended to read as follows: 2. Special yard situations. a. On multi -frontage lots with one yard which abuts a road right-of-way classified as an arterial road on the county's thoroughfare plan map, no swimming pool shall be located closer than ten (10) feet to the property line abutting the arterial road, or within any easement for utilities, drainage, or access, provided that the yard adjacent to the arterial road is not the yard providing the main entrance to the lot. Coding: Words in • . -• • type are deletions from existing law. Words underlined are additions. 1 ORDINANCE NO. 94- 25 Heights of walls and fences. Section 917.06(12)(B) is hereby amended to read as follows. (B) Height of walls and fences. Height of walls and fences shall be the vertical distance from the grade of the lot at the wall or fence location to the top of the wall or fence. If the wall or fence is to be located on a berm or fill added above the finished lot grade, then the height of the berm or added fill shall be included in the heiqht of the wall or fence. i. Frontyard. Fences not exceeding forty-eight (48) inches in height may be erected in the front yard of any lot. 2. Side yard. Fences not exceeding six (6) feet in height may be erected in the side yard of any lot provided they do not extend beyond the front setback line. 3. Rear yard. Fences not exceeding six (6) feet in height may be erected in the rear yard of any lot within a zoning district, provided that no fences shall be erected in a utility easement. 4. [Exceptions.] Fences not exceeding six (6) feet in height may be erected in the front yard of any MOMM multi -frontage lot when that yard does not provide the main entrance to the lot and is adjacent to a road classified as a collector road or higher in the county's thoroughfare plan map. 5. Veterinary clinic/animal hospital special land use criteria conflict. Section 971.13(2) is hereby amended to read as follows: (2) Veterinary clinic or animal hospital (administrative permit). (a) Districts requiring administrative permit approval, (pursuant to the provisions of 971.04). A-11 A-21 A-31 CG, CH. 1. A statement from the applicant indicating the types of animals to be cared for and the nature of all on-site facilities shall be submitted; A site plan, pursuant to the requirements of Chapter 914. (c) Criteria for veterinary clinic and animal hospital: 1. All facilities shall be located in an enclosed structure, 2. Commercial boarding of animals may be allowed only as an accessory use and only within a totally enclosed structure. Coding: Words in "93197MIMMMS • type are deletions from existing law. Words underlined are additions. 2 information (b) Additional requirements: 1. A statement from the applicant indicating the types of animals to be cared for and the nature of all on-site facilities shall be submitted; A site plan, pursuant to the requirements of Chapter 914. (c) Criteria for veterinary clinic and animal hospital: 1. All facilities shall be located in an enclosed structure, 2. Commercial boarding of animals may be allowed only as an accessory use and only within a totally enclosed structure. Coding: Words in "93197MIMMMS • type are deletions from existing law. Words underlined are additions. 2 ORDINANCE NO. 94- 25 3. All buildings shall be soundproofed in such a manner that adequately mitigates and/or attenuates noise impacts on adjacent properties. 6. Setbacks and buffers for country clubs and associated uses. Section 971.40(1)(d) is hereby amended to read as follows: (d) Criteria for country clubs: 1. Such facilities may include restaurants with alcoholic beverage licenses provided that no such establishment is located within one thousand (1,000) feet of the front door of any church and all property lines of an school. In addition, such establishments shall not be open to the general public, 2. No principal or accessory building shall be located closer than forty-five (45) feet to any street line or closer than one hundred (100) feet to any lot line which abuts a single family zoning district. However, buildings associated with specific uses, such as golf courses and tennis facilities, may be located as allowed by other specific land use criteria that are applicable to that use. 3. No off-street parking or loading area shall be located closer than twenty-five (25) feet to any residentially designated property; 4. Where such uses involve golf courses, tennis courts, marinas or any other recreational uses for which standards are set forth in section 971.40, the proposed use shall also be subject to such standards and procedures, unless a waiver is granted by the decision making body because standards are not applicable to the type or intensity of use proposed. 5. All multipurpose recreational clubs authorized herein shall be located either adjacent to a major thoroughfare or located within a project which is adjacent to a major thoroughfare; 6. All outdoor lighting shall be adequately shielded in order to prevent reflection onto adjacent properties; 7. A landscaped bufferyard with Type "C" screening, shall be required adjacent to all residentially designated land. 7. Planning and Zoning Commission representation on the Technical Review Committee. Section 902.10(2) is hereby amended as follows: (2) Composition of technical review committee. The technical review committee is composed of: (a) The community development director, chairman; (b) A staff planner of the planning division, designated primary review responsibility for each development project; (c) The public works director or his designee; Coding: Words in • -• • type are deletions from existing law. Words underlined are additions. 3 ORDINANCE NO. 94- 25 (d) County traffic engineer; (e) County drainage engineer; (f) Representative of the county utility department; (g) Representative of department of environmental health; and W(h) The technical review committee may request input from other county divisions and governmental agencies including, but not limited to, the drainage district representative, FDOT, school board, code enforcement division, and municipalities as needed. The county attorney's office staff will provide legal counsel to the committee as needed. 8. Bufferyards in Multi -Family Projects. Section 911.08(8) is hereby amended to read as follows: (8) Required buffer yards: Where a multi -family project in the RM -6, RM -8, or RM -10 districtdirectl adjoins a single-family zoning district, • • • buffer yards shall be provided along the boundary between the multi -family project and the single-family zoning district. Buffer yards are required along rear/side property lines, measured at right angles to lot lines, as follows: Multi -Family Buffer Type District RM -6 C-3 ft. Opaque or D-6 ft. Opaque RM -8 C-3 ft. Opaque or D-6 ft. Opaque RM -10 C-3 ft. Opaque or D-6 ft. Opaque 9. Bonding Requirements for Moving of Structures. Section 955.05 is hereby amended to read as follows. No building or structure larger than one hundred fifty (150) square feet shall be moved into the county or from one lot or parcel to another within the county unless such building or structure is made to conform to all the applicable requirements of the building code in effect in the county at the time of the moving and to the requirements for the zoning district in which the building or structure is to be placed. Performance Bond. Any person applying for a permit to move a building or structure must post a bond or other security acceptable to the County Attorney in an amount equal to one hundred fifteen ( 115 ) percent of the cost of improvements required to bring the building or structure into compliance with applicable county regulations& based upon an architect or engineer certification of, or actual contract price for the cost of, foundations, electrical and plumbing hookups, and other improvements reauired to brina the building or structure into Such bond or securit of the Board of County Commissioners of Indian River. County, Florida, and posted with the Indian River County Building Department for deposit to the Clerk of the Board of County Commissioners. Coding: Words in • type are deletions from existing law. Words underlined are additions. 4 ORDINANCE NO. 94- 25 The purpose of the bond or other security is to guarantee that foundation tie -downs, electrical and plumbing of the • • development • - with the •.- technical regulations are of the date of the res t in forfeiture of the bond to the Board of County commissioners of Indian River County, Florida. Waiver of Movini Bond Rec e provis uirement. In reco ition of the using to the general community welfare and benefit, any organization actively participating in the County Local Housing Assistance Program set out in Chapter 308, Indian River County Code as a partner under the State Housing Initiatives Partnership (SHIP) Program may apply to the Board of County Commissioners for a waiver of the county bonding requirementse It is further recognized that the bonding requirements take funds necessary to make foundations, electrical and septic or plumbing hookups. It is further recognized that the purpose of this "moving of structures" ordinance and the bonding requirement therein is to prevent substandard structures from being moved and abandoned or dumped on other properties,an objective antithetical to the above - mentioned housing provider organizations. The Board of County Commissioners may waive the bond requirement associated with moving permits for such groups or any other organization upon a showing of a particular benefit to the county community as a whole as distinguished from an individual benefit to the applicant. The Board of County Commissioners may impose such terms and conditions to the grant of waiver as they deem appropriate. Insurance. The person applying for a permit to move the buildinq or his mover as agent shall provide to Indian River County a liability insurance policy naming the Board of County Commissioners of Indian River County as an additional insured. in the amount of $100,000/$200,000 to transact business in the State of Florida with a Best Rating of A+ VII, to restore any damage to public roads and/or public or private property damaged during the move. Requisite Drawings and Specifications. All for a permit to move an existin structure to furnish the MrSTMOM•- - •• -I buil, three satisf 103.2, applicants are required ina director sets of drawings • • that requirements specified in Section Coding: Words in • • -• • type are deletions from existing law. Words underlined are additions. 5 hookups and compliance applicable requirements codes and the land of the • • development • - with the •.- technical regulations are of the date of the res t in forfeiture of the bond to the Board of County commissioners of Indian River County, Florida. Waiver of Movini Bond Rec e provis uirement. In reco ition of the using to the general community welfare and benefit, any organization actively participating in the County Local Housing Assistance Program set out in Chapter 308, Indian River County Code as a partner under the State Housing Initiatives Partnership (SHIP) Program may apply to the Board of County Commissioners for a waiver of the county bonding requirementse It is further recognized that the bonding requirements take funds necessary to make foundations, electrical and septic or plumbing hookups. It is further recognized that the purpose of this "moving of structures" ordinance and the bonding requirement therein is to prevent substandard structures from being moved and abandoned or dumped on other properties,an objective antithetical to the above - mentioned housing provider organizations. The Board of County Commissioners may waive the bond requirement associated with moving permits for such groups or any other organization upon a showing of a particular benefit to the county community as a whole as distinguished from an individual benefit to the applicant. The Board of County Commissioners may impose such terms and conditions to the grant of waiver as they deem appropriate. Insurance. The person applying for a permit to move the buildinq or his mover as agent shall provide to Indian River County a liability insurance policy naming the Board of County Commissioners of Indian River County as an additional insured. in the amount of $100,000/$200,000 to transact business in the State of Florida with a Best Rating of A+ VII, to restore any damage to public roads and/or public or private property damaged during the move. Requisite Drawings and Specifications. All for a permit to move an existin structure to furnish the MrSTMOM•- - •• -I buil, three satisf 103.2, applicants are required ina director sets of drawings • • that requirements specified in Section Coding: Words in • • -• • type are deletions from existing law. Words underlined are additions. 5 t ORDINANCE NO. 94- 25 Additional Required Permits. No moving permit may be issued until such time as a right-of-way permit for the movement of an oversized structure has been obtained from the County Public works Department pursuant to Section 312.08.2.D. A_ waiver of the performance bond required under subsection (2) above shall also constitute a waiver of the $10,000.00 cash or surety bond required for right-of- way permits under Section 312.08.2.D.l.c, Indian River County Code. Process for Return of Bond or Securit Tnr) i nn P1 vcar rnllnf%T i G hn1 d i nc7 a cash bC Department shall accompany the move to determine the extent, if any, of any road damage and/or damage to public or private property resulting from the move. The Public Works representative shall report the amount of any such damage to the County Risk Management Division for the processing of a claim against the insurance policy required in subsection (3) above. The applicant shall notify the Building Official at such time as all foundations, tie -downs, septic tank, electrical and plumbing hookups are completed. The Building Official shall cause an inspection to be made and if all County Building and Land Development Regulations have been satisfied, the Building Official shall notify the Finance Division of the Clerk of the Board of County Commissioners to reimburse the cash escrow to the person posting such bond at the address set out in a house moving cash bond escrow agreement. Site Plan Project Classification. Section 914.06(1) is hereby amended to read as follows. (1) Site Plan Thresholds: (a) Major Site Plans. The following projects shall constitute major site plan projects and shall require, except as noted in paragraph N4 below, major site plan approval. i. Residential projects having three (3) or more dwelling units. 2. Non -Residential projects comprised of 5,000 sq. ft. or more or new impervious surface area, or projects comprised of new impervious surface area representing more than ten (10) percent of the site/area of development, whichever is less. Coding: Words in • -• • type are deletions from existing law. Words underlined are additions. 6 ORDINANCE N0. 94- 25 3.� Where three (3) or more minor site plan requests or six (6) or more administrative approval requests for a single project area/site have been submitted and approved over any five (5) year period of time, where potential cumulative impacts exceed the criteria of a major site plan application or together may create a substantial impact, the director of the community development department may require any subsequent minor site plan or administrative approval application to be reviewed pursuant to the criteria of a major site plan. The following major site plan projects shall require the same approval process required of minor site plan projects: Residential projects involving four (4) or fewer dwelling units; and b�.►� Nonresidential, projects involving less than ten thousand (10,000) square feet of new impervious surface area, regardless of new building area amount. (b) Minor Site Plan. The following projects shall constitute minor site plan projects and shall require site plan approval. 1. Any residential project, comprised of less than three (3) units determined not be an exempted sin le -family development (see 914.04) comprised of - -- ® Non -Residential projects than five thousand (5,000 impervious surface area comprised of Non-residential projects adding or replacing two thousand (2,000) square feet or more of building gross floor area that do not constitute a major site plan. (c) Administrative Approvals. The following projects constitute administrative approval site plan projects and shall require administrative approval. 1. A modification or alteration to any project covered in section 914.04 of this chapter, consisting of less than one thousand five hundred (1,500) square feet of new impervious surface area which does not require major or minor site plan approval. 2. Improvements or activities which are required to obtain administrative approval pursuant to requirements specified in other chapters of this :code. Coding: Words in �• -• • type are deletions from existing law. Words underlined are additions. 7 ORDINANCE NO. 94- 25 11. Platting -over Site Plan Projects. Section 913.09(6) is hereby amended to read as follows. (6) Lots. Except where site plan approved projects are platted - over, lots shall conform to size and dimension requirements, shape, and access requirements as specified below. For site plan approved projects that are being platted -over, the approved site plan shall govern access/frontage requirements and setbacks and development of all structures and required project improvements; lots to be owned by individuals shall include only the area of dwelling units and immediately adjacent improved living areas (e.g. porches, courtyards, driveways, and other impervious areas). (A) Size. of the Ind. regulations plan. will conform to the requirements an River County land development and to the comprehensive land use 2. Corner lots shall have along both street frontages a width equal to the width required by the appropriate zoning district regulations, plus the difference between the required front yard setback and the required side yard setback. 3. Substandard lots or remnants of land are prohibited unless specifically use -designated, dedicated and accepted as parks, environmentally sensitive areas, buffer zones, or other common areas or as use approved via an approved preliminary plat. (B) Shape of lots. 1. Side lot lines hall be straight and essentially perpendicular to straight street lines and radial to curved street lines, unless the relationship of existing or planned streets combined with the size of the superior design not utilizing straight lot lines. 2. All lots must be sufficient area and dimensions to permit their use in full conformance with the existing zoning regulations and land use plan. 3. Flag lots shall be prohibited along straight segments of roadway and be avoided whenever possible along curves and cul-de-sacs. (C) Access to lots. EM a dedicated local or marginal which has been accepted and cular access to access street maintained by Coding: Words in • •• -•� type are deletions from existing law. Words underlined are additions. 8 ORDINANCE N0. 94- 25 Indian River County or by a property owners' association. 2. Access points to all single-family lots shall be. a. At least thirty (30) feet from the right- of-way line of the nearest intersecting street; and b. At least one hundred seventy-five (175) feet from the nearest right-of-way line of the intersection of a collector or higher classification street with another collector or higher classification street. 3. Access points to non -single family lots shall conform to the applicable standards of section 952.12. 4. Access to any lot in a subdivision from an arterial or collector street is prohibited; limited access easements shall be provided along such streets. Subdivisions will be designed to provide access to lots by use of local or marginal access streets or approved driveways (non-residential subdivisions only). 5. Double frontage lots may only be created where they front on and access a local street and the rear of the lot is buffered as required in section 913.09(3)(c)5 of this chapter, limited access easements shall be provided along such streets. 6. The frontage of lots that do not abut a cul- de-sac or curves shall be greater than or equal to the applicable minimum lot width required in the land development regulations. 7. The frontage of lots that abut cul-de-sacs or curves shall contain no less than thirty (30) feet of chord distance. Said minimum chord distance shall be deemed to satisfy lot frontage requirements. 12. Calculation of ACLF/Group Home Land Use Intensity. Section 971.28(3)(e)2, which is a specific land use criterion that sets the maximum land use intensity for group homes and ACLFs, is hereby amended to read as follows. 2. The approving body shall determine that the proposed use is compatible with the surrounding neighborhood in terms of - • land use intensity. The maximum allowable land use intensity shall be computed as follows: a. Regarding single family zoning districts: (number of allowable dwelling units) X (2.5 residents per dwelling unit) X 1.5 = maximum number of residents allowed b. Regarding multi -family and commercial zoning districts: Coding: Words in ML. -• • type are deletions from existing law. Words underlined are additions. 9 ORDINANCE NO. 94- 25 (number of allowable dwelling units) X (2 residents per dwelling unit) X 1.5 = maximum number of residents allowed. In no case shall the maximum number of residents allowed on a project site exceed the average maximum number of residents allowed (as calculated by the above formula) on adjacent sites bordering the project site. Averaging for adjacent sites shall be based upon length of the common CH District Side Yard Setback Against FEC Railroad. The endnotes portion of 911.10(7) is hereby amended as follows: "Notes: Yards - Front Yards abutting S.R. 60 shall be seventy-five (75) feet; Rear Yards (CH only) 0 if abutting FEC Railroad; Side Yards (CL, CG, CH) 0 if abutting a nonresidential use with interconnected parking and approved access easement. 0 if abutting FEC Railroad (CH only). Height - See section 911.15 for exceptions. IL & IG District Side Yard Setback Against FEC Railroad. Section 911.11(8) is hereby amended as follows: (8) Size and dimension criteria. Regulation Unit of Measure IL IG Minimum lot size sq.ft. 15,000 15,000 Minimum lot width ft. 100 100 Minimum yard ft. Front 25 25 Side* 10 10 Rear* 20/0 20/0 Maximum Bldg. Coverage percent 40 40 Minimum Open Space percent 15 15 Maximum Building Ht. ft. 35 35 *No rear yard or side yard required M --where the rear property line or side property line abuts a railroadFEC Railroad. 15. Traffic Impact Fee (TIF) Ordinance 15% Reduction for Individual Assessments. Section 953.07(2)(b) is hereby amended to read as follows: The impact fees in the fee schedule have been reduced by fifteen (15) percent. Applicants preparing an individual assessment pursuant to subsection (3) of this section, shall also be. entitled to a fifteen (15) Dercent Coding: Words in • -• • type are deletions from existing law. Words underlined are additions. 10 ORDINANCE NO. 94- 25 reduction in individual application. a 16. Review Fee for TIF Individual Assessments. Section 953.07(3)(a) is hereby amended to read as follows: (3) Individual assessment of fiscal impact of land development activity on the major road network: the traffic impact analysis. (a) The "fair share roadway improvements fee" shall be determined by the individual assessment of the fiscal impact of land development on the major road network if: 1. Any person commencing land development activity generating traffic which increases demand chooses to have the fee determined by the individual assessment and pays to the county an individual assessment review fee of $500.00 or any other fee amount established by the Board of County Commissioners by ordinance or resolution; or 2. The proposed land development activity requires a development of regional impact or building permit and the county administrator or his designee determines the nature, timing or location of the proposed development makes it likely to generate impacts costing substantially more to accommodate than the amount of the fee that would be generated by the use of the fee schedule; or 3. The proposed land development activity generating traffic which increases demand on the county's major road network system changes or intensifies the use of existing land development. 17. Changes to Subdivision Application Submittal Requirements & Procedures. A. Section 913.07(4)(A) is hereby amended to read as follows: (4) Preliminary plat application and review. Approval of the preliminary plat by the planning and zoning commission is a prerequisite to the application for a land development permit. 1. Upon completion of the formal pre -application conference, the applicant may apply for formal plat review by furnishing to the community development director: a. A complete application form, as provided by the community development department; b. The appropriate filing fee established by the board of county commissioners; Coding: Words in • type are deletions from existing law. Words underlined are additions. 11 (A) Submission of application. 1. Upon completion of the formal pre -application conference, the applicant may apply for formal plat review by furnishing to the community development director: a. A complete application form, as provided by the community development department; b. The appropriate filing fee established by the board of county commissioners; Coding: Words in • type are deletions from existing law. Words underlined are additions. 11 ORDINANCE N0. 94- 25 c. Seven (7) copies of the plat drawings; d. Two (2) sealed surveys, e. One 1 aerial© of the site with overlay of project showing the surrounding two hundred (200) feet of adjacent properties; f. 1 Two 2 copies of the owner's deed; g. If an agent is used, a letter from the property owner authorizing the agent to function on his behalf, plus one copy of the letter; h. Two (2) copies of a tree and vegetation survey showing the boundaries and acreage of environmentally sensitive areas (see Chapter 928) and environmentally significant areas (see Chapter 929), where such areas exists on-site. ®i. Q An initial or conditional concurrency certificate or evidence of application for a certificate. The community development director or his designee shall determine whether or not an application is complete and can be routed for interdepartmental review. No incomplete application shall be routed for review. The applicant shall be notified as soon as an incomplete determination has been made. Be Section 913.07(4)(D) is hereby amended to read as follows: (D) Written information and other materials required. fflt1_ A timetable for commencement and completion of the project for all phases; E&2_ The location and distances from all proposed streets to driveways, streets and rights-of- way on both sides of any road within three Coding: Words in •• - • type are deletions from existing law. Words underlined are additions. 12 ORDINANCE N0. 94- 25 hundred (300) feet of the project boundaries. All depicted streets and rights-of-way shall be noted as being paved or unpaved; 013. All applicable information shall be provided by the applicant to demonstrate compliance with Chapter 952, Traffic, and Yard assignments, specifying front, side and rear yard classifications must be noted on all irregularly shaped lots and lots fronting on cul-de-sacs, curves, and more than one street. Note: All projects shall comply with Chapter 952, submittal requirements regarding traffic statements and impact analyses. C. Section 913.07(5)(B) is hereby amended to read as follows: (B) Plans and specifications required for land development permit. The applicant shall furnish to the public works director or his designee the construction plans and specifications designed in accordance with the approved preliminary plat and the requirements of this chapter for the construction of all improvements. The applicant shall also furnish a complete land development permit application form as furnished by the public works department, and shall submit the review fee established by the board of county commissioners by resolution. The applicant must have obtained and shall submit copies of all jurisdictional agency permits, and all utility permits and franchises required by the Indian River County utility division prior to the issuance of a land development permit. All construction plans and specifications must be prepared, signed and sealed by a professional engineer who is registered in the State of Florida. Engineering calculations and tests in support of any of the proposed plans and specifications may be required. The drawings and required information shall be so complete that review and analysis can be made from them without research of any outside data. Five (5) copies of the plans shall be submitted on twenty -four -inch - by -thirty -six-inch sheets unless another size is approved by the county public works director, and shall contain, but shall not be limited to: 1. A cover sheet, including a location map; 2. Complete details including water, sewer, and storm drainage system. The proposed general locations of wells and septic tanks shall be in conformity with the requirements of the Indian River County Health Department and state and local ordinances; 3. A master stormwater management and flood protection plan and complete calculations and exhibits as required by Chapter 930, Coding: Words in . -• • type are deletions from existing law. Words underlined are additions. 13 ORDINANCE NO. 94-25 M4.® Construction details showing compliance with county standards or alternate design as approved by the county public works director; Special profile sheets, if necessary, showing special or unique situations; Benchmark location, based on National Geodetic Vertical Data (N.G.V.D.); 7.: Soil analysis, showing the locations and results of test borings of the subsurface condition of the tract to be developed, when required by the public works director. Soil conservation service information may be used when available. Where impervious soils or much are encountered, the plans shall reflect a satisfactory design to cope with such conditions; 8.• The plans shall contain the special conditions and specifications pertaining to the subdivision in note form on the plans, such as. a. Required compliance to the subdivision requirements; b. Where applicable, required compliance with state standards as currently adopted and in use; C* Minimum standards for materials; d. Test requirements for stabilization, base and backfill; e. Source of water and sewer services; f. Traffic -control devices and pavement markings. and improvement to existing streets such as deceleration or turn lanes (indicating the existing ground surfaces and proposed street grade surfaces including extensions for a distance of fifty (50) feet beyond the tract boundary) with tentative finished grades indicated, and lot grading plan and including easement work, clearing and grubbing, and structural details of facilities in rights-of- way; 10. M A typical cross-section of each type of proposed street or bikeway, showing the width of pavement, the location and width of sidewalks, where required, and right-of-way; lloM Proposed erosion control facilities and the limits of earthwork construction, both as to final construction and for protection during construction; 12. Plans for streetlighting, landscaping, parks, recreational areas and parking area. The Coding: Words in •. -• • type are deletions from existing law. Words underlined are additions. 14 ORDINANCE NO. 94- 25 governmental agencies which are affected by the construction and have jurisdiction; 13. Projects engineered by more than one firm shall be coordinated by a single engineering firm or an engineer of record appointed by the developer; 14oM A certificate from a surveyor re istered in the State of Florida that a permanent or temporary reference marker has been located in the public right-of-way at a corner point of the subdivision near the entrance way of the proposed subdivision. The - reference marker shall be identified on the plat of the subdivision and shall be used to establish the grade level for all improvements in the subdivision; 15. Where the design of the subdivision includes man-made canals or waterways, plans of the proposed construction will be included and shall indicate: a. All bulkhead lines; b. Detailed cross-sections showing existing and proposed depths; c. Location of hard pan, muck or other unique soil conditions; and d. Details of bulkhead construction. 16. Developer shall submit to the community development department copies of the applications to or permits from all other permitting agencies that are applicable to the project. D. Section 913.07(H) is hereby amended to read as follows: (H) Notification. The respective county division shall be notified, in writing, orb telephone,y • 111=091H111.-kvj" MMMIRWIN MM -IN . • of the commencement and completion of the following items of construction so that an immediate inspection can be performed to ensure construction in conformance with said approved construction plans and specifications and the requirements of this chapter. If the county notifies the developer that no county inspector is available to inspect within forty-eight (48) hours of an inspection request, and if a delay in inspection would cause a delay in the project, then this requirement may be met by submission of a certificate from the engineer of record that all construction was completed in accordance with the land development regulations: 1. Waterlines and sanitary sewer lines prior to backfilling (utilities division); Coding: Words in • - • type are deletions from existing law. Words underlined are additions. 15 ORDINANCE NO. 94- 25 2. Stabilized subgrade (public works division); 3. Curb and concrete work (public work division); 4. Roadway base (public works division); 5. Surface course (public works division); 6. Permanent reference monuments and permanent control points (public works division); 7. Storm sewer (public works division). The failure to notify respective divisions of the commencement and completion of the construct of such items shall be good cause to refuse to issue a certificate of completion until such further investigation is conducted to verify compliance with the land development permit. All water and sewer improvements must be inspected by the Indian River County utilities director or his representative or the appropriate municipal or private utility representative prior to backfilling. E. Simultaneous Submission of Preliminary Plat & Land Development Permit Applications. Section 913.07(4) is hereby amended to read as follows: "Prelimina (A) Submission of application. 1. Upon completion of the formal pre -application conference, the applicant may apply for reel 11111T ivatAr^M preliminary plat approval. At his or her option, an applicant may simultaneously apply for preliminary plat approval and for land development permit review. No land development permit may be issued until the preliminary plat is approved. An applicant shall apply for preliminary plat approval by furnishing to the community development director:" 18. FEMA Recommended Changes to Stormwater Management & Flood Protection Requirements A. Section 930.07(2)(a)8. is hereby amended as follows. (2) Stormwater Management and Flood Protection Permit (Type B). When a development project is determined to be within a Flood Hazard Zone according to the procedure set forth in 930.07(1)(s), a Type B Permit shall be required and the project shall be reviewed under the criteria of 930.07(1) and 930.07(2)(d) through 930.07(2)(3) and must meet the following additional criteria. Coding: Words in "IMMIT01030• type are deletions from existing law. Words underlined are additions. 16 ORDINANCE NO. 94- 25 (a) Zone A requirements. 8. The Community Development and Public Works Departments shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a Federal, State, or other source, including data developed pursuant to subsection 930.07(2)(a)7. above, as criteria for requiring that new construction, substantial improvements, or other development in A Zones on the County's FIRM meet the standards in subsections (2)(b)2., (2)(b)3.1 (2)(b)5.1 (2)(b)11., (2)(b)13.a, and (2)(b)13.b of this section. However, in no case shall such development within a Flood Hazard Zone be less than eighteen (18) inches above the crown of the road or elevation required by the Indian River County Health Department. If base flood data are not available, or cannot be estimated by the County, then new buildings, together with mechanical and electrical equipment, must be elevated at least 3 feet above highest adjacent natural grade. Be Section 930.07(2)(b) is hereby amended as follows: (b) Zones OR= A99, AE, A, AH, and AO zone requirements. 1. All development within zones designated 1 A99, AE,A, AH, and AO on the County FIRM shall meet all the standards of Zone A requirements set out in 930.07(2)(a)1. through 12. above. 2. All new construction and substantial improvements of residential structures within Zones A99, AE, and AH on the County FIRM shall have the lowest floor (including basement) elevated to one half (0.5) foot or more m above the base flood level. 3. All new construction and substantial improvements of nonresidential structures within Zones A1-30, AE and AH on the County's FIRM shall a. have the lowest floor, including basement, elevated to one half (0.5) foot or more above the base flood level, or; be together with attendant utility and sanitary facilities, be designed so that any area below the base flood level of the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. c. Flood -proofing measures must be operable without human intervention and without an outside source of electricity. 6. All manufactured homes to be placed or substantially improved within Zones I A99, AH, and AE of the County's FIRM shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is at one half (0.5) foot or more above the base flood elevation; and be Coding: Words in • • -• • type are deletions from existing law. Words underlined are additions. 17 ORDINANCE NO. 94-25 securely anchored to an adequately anchored foundation system in accordance with the provisions of 930.07(2)(a)12. and Section 15C - 1.10 F.A.C.. Manufactured homes must not be installed in a regulatory floodway or Coastal High Hazard Area. [Editor's Note: subsections 7-10 remain the same.] 11. All manufactured homes to be placed or substantially improved within Zones A99, AH, and AE on the community's FIRM shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is at one half (0.5) foot or more above the base flood elevation; and be securely anchored to an adequately anchored foundation system in accordance with the provisions of paragraph 930.07(2)(x)12 of this section. This paragraph applies to manufactured homes to be placed or substantially improved in an expansion to an existing manufactured home park or subdivision. This paragraph does not apply to manufactured homes to be placed or substantially improved in an existing manufactured home park or subdivision except where the repair, reconstruction, or improvement of the streets, utilities and pads equals or exceeds 50 percent of the value of the streets, utilities and pads before the repair, reconstruction or improvement has commenced. 12. For substantial improvements on existing structures which do not meet the above requirements (one half (0.5) foot above base flood), but did meet the finish floor elevation requirement in effect at the time the structure was given a building permit, any substantial improvement will not be cause to require the finish floor of the existing structure to be elevated to meet the finish floor requirements set out above. C. Section 930.07(2)(c) is hereby amended as follows: (c) Zone ® VEe and V requirements. z improvements in VZones 1 • VEe and = VL if base flood elevation data is available on the County's FIRM, must be elevated on pilings and columns so that: a. the bottom of the lowest horizontal structural member of the lowest floor (excluding the pilings and columns) is elevated one half (0.5) foot or more m m above the base flood level, and; be the pile or column foundation and structure attached thereto must be anchored to resist flotation, collapse, and lateral movement due to the effects of wind and water loads acting simultaneously on all building components. Wind and water loading values shall each have a one percent chance of being equalled or exceeded in any given year (100 -year mean recurrence interval). Coding: Words in 009001101 • type are deletions from existing law. Words underlined are additions. 18 ORDINANCE NO. 94-25 c. A registered professional engineer or architect shall develop or review the structural design, specifications, and plans for the construction, and shall certify that the design and methods of construction to be used are in accordance with accepted standards of practice for meeting the provisions of a. and b. above. D. Section 930.07(2)(h) is hereby amended, by adding Paragraph 930.07(2)(h)4., as follows. (2) Stormwater Management and Flood Protection Permit (Type B). When a development project is determined to be within a Flood Hazard Zone according to the procedure set forth in 930.07(1)(s), a Type B Permit shall be required and the project shall be reviewed under the criteria of 930.07(1) and 930.07(2)(d) through 930.07(2)(j) and must meet the following additional criteria: (h) If any lot in a residential subdivision lies within a Flood Hazard Zone, then the following additional standards apply to approval of the plat. 1. Each lot must include a site suitable for constructing a residential building in conformity with the standards of this chapter. 2. One or more elevation bench marks must be established and indicated on the plat. Said elevations must be referenced to the NGVD (1929) and shall be calculated to within 0.1 feet. 3. All prospective agreements for deed, purchase agreements, leases or other contracts for sale or exchange of lots within the Flood Hazard Zone and all prospective instruments conveying title to lots within the Flood Hazard Zone must carry the following flood hazard warning prominently displayed on the document: "This property may be subject to flooding during a 100 year base flood event. You should contact local building and zoning officials and obtain the latest information regarding flood elevations and restrictions on development before making plans for the use of this property." 4. The following information shall be included on the final plat: boundaries of flood zones; base flood elevations; the date and panel number of the applicable current Flood Insurance Rate Map; and a notation, if applicable, that a Letter of Map Revision had been applied for prior to final plat approval, but has not yet been granted. Coding: Words in • • -• • type are deletions from existing law. Words underlined are additions. 19 ORDINANCE NO. 94- 25 E. Section 930.07(2) is hereby amended by adding Subsection 930.07(2)(k) as follows: (2) Stormwater Management and Flood Protection Permit (Type B). When a development project is determined to be within a Flood Hazard Zone according to the procedure set forth in 930.07(1)(s), a Type B Permit shall be required, and the project shall be reviewed under the criteria of 930.07(1) and 930.07(2)(d) through 930.07(2)=(k) and must meet the following additional criteria: regula +ni nrnnncal that will alter the boundaries of a as shown on FEMA Flood Insurance Rate pet to the following conditions of If the project proposes to alter the boundaries of a regulatory floodway or the configuration of the watercourse contained within the floodway, the plans, stormwater management plans, floodplain studies, and all supporting computer modelling to the FEMA Region IV Office for a Conditional Letter of Map Revision The project will not receive final approval until the proposed alteration of the watercourse_ and/or floodway boundaries has been approved by FEMA. 2. If a proposed project will alter the boundaries of an area of special flood hazard as shown on the FEMA_ Flood Insurance Rate Maps, the applicant shall submit_ approved grading and drainage plans, stormwater management plans, floodplain studies, and all supporting computer modelling to the FEMA Region Office for a Conditional Letter of Map Revision, within 30 days of receiving final approval. 3. Within 30 days following completion of the entire project or a phase thereof, the applicant shall submit engineer's certified copies of the final, constructed grading and drainage plans andstormwatermanagement plans to the FEMA Region IV Office for issuance of a final Letter of Map Revision. 4. The Community Development Director shall be provided copies of all related correspondence. F. Section 930.12(2) is hereby amended as follows: Section 930.12 APPEAL PROCEDURE (1) Duties of the Board of Zoning Adjustments - The Board of Zoning Adjustments shall have the following duties I n administering this chapter: (a) Upon appeal by the developer, review decisions of the Community Development Director regarding interpretations of this chapter, providing the appeal is filed in writing within thirty (30) days of the action which is appealed. (b) Issue variances from the standards of this chapter when all variance criteria are met. Coding: Words in • -• • type are deletions from existing law. Words underlined are additions. 20 ORDINANCE NO. 94- 25 Variances. Variances to any Mechanisms. The hear and decide error in any re enforcement or administration of this ordinance. Written findings shall be mailed to the FEMA Region IV Office. Since the purpose of this ordinance is to reduce future flood damages to lives and property, approval of variances is limited by the following: (a) Variances may be granted only for the following situations. 1. substantial improvements to historic buildings (see definition); 29 functionally dependent water related uses; 3Le physical hardships pertaining to the topography, soils, geology, or I onfiguration of a lot. (b) Variances for historic buildings shall be subject to the following determinations: 1. submittal of documentation from the State Historic Preservation Office, or federally - certified local historic preservation review board, that: M the structure is either on or eligible for individual listing ion the National Register of Historic Places or a state register of historic properties, or is within or would be eligible for listing as a primary, secondary, or contributing structure within a National Register Historic District; Coding: Words in • "'• • type are deletions from existing law. Words underlined are additions. 21 ORDINANCE NO. 94- 25 ii the proposed improvements will not preclude or reverse such listing or eligibility; and the proposed improvements are in keeping with the historic character and integrity of the building and neighborhood. 2e the variance is the minimum necessary to preserve the historic character and design of the structure; and 3* every effort has been made to reduce future flood damages without impairing the historic character and design. (c) Variances for other than historic buildings shall be issued only upon: 1. a showing of good and sufficient cause; 29 a determination that failure to grant the variance would result in exceptional to the applicant 39 a determination that the granting of the variance will not result in increase flood heights, additional threats to public safety, extraordinary public expense, create nuisance, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances; 49 a determination that the variance is the minimum necessary to afford relief; and 5e a determination that the project design includes all possible means for otherwise reducing future flood damages. (d) Variances shall not be issued to "correct" violations, after -the -fact. (e)_ Variances to reduce the floor elevation for.new construction below the base flood elevation are eligible only on sites as described in Subsection 930.12(2)(a)3. Conditions to mitigate adverse impacts of the variance may be placed upon the granting of any variance. 13Z Any applicant to whom a variance is granted shall sign a written acknowledgement specifying the difference between the base flood elevation and the elevation to which the building is to be built or substantially improved and stating that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. (h) The variance findings and conditions, together with the signed acknowledgement form, shall be recorded'. in the county public records and Coding: Words in • • -•�• type are deletions from existing law. Words underlined are additions. 22 ORDINANCE NO. 94- 25 attached to a legal description of the affected property. (iZ The Community Development Director shall maintain the records of all appeal actions and shall report any variances to the FEMA Region IV Office. G. Chapter 901 is hereby amended by adding the following definitions (in alphabetical sequence): "Addition (to an existing building)", for purposes of County Code Chapter 930 relating to flood protection, means any walled and roofed expansion to the perimeter of a building in which the addition is connected by a common load-bearinq wall other than a fire wall. Any walled and roofed addition which is connected by a fire wall or is separated by independent perimeter load-bearing walls is new construction. "Appeal", for purposes of County Code Chapter 930 relating to flood protection, means a request for a review of the interpretation by the Community Development Director of any provision of this ordinance or a request for a variance. "Area of shallow flooding" means a designated AO or VO Zone on a Community Flood Insurance Rate Map (FIRM) with base flood depths from one to three feet, where a clearly defined channel does not exist, where the path of flooding is unpredictable and indeterminate, and where velocity flow may be evident. "Area of floodplai areater c Special n within Flood Hazard" is the land in the a communit subject to a one anv Given year. "Elevated building" means a non -basement building built to have the lowest floor elevated above the ground level by means of fill, solid foundation perimeter walls, pilings, columns (posts and piers), shear walls, or breakaway walls. "Existing construction", for purposes of County Code Chapter 930 relating to flood protection, means any structure for which the "start of construction" commenced before July 3, 1978. "Existing manufactured home park or subdivision" for purposes of County Code Chapter 930 relating to flood protection, means a manufactured home park or subdivision for which the manufactured homes are be to affixed (including at a minimum the installation of utilities, the "Expansion to an existing manufactured home park or subdivision", for purposes of County Code Chapter 930 relating to flood protection, means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads). "Floor", for purposes of County Code Chapter 930 relating to flood protection, means the top:,surface of an enclosed Coding: Words in • -• • type are deletions from existing law. Words underlined are additions. 23 ORDINANCE NO. 94-25 area in a building (including basement), i.e., top of slab in concrete slab construction or top of wood flooring in wood frame construction. The term does not include the floor of a garage used solely for parking vehicles. "Functionally dependent water related facility" means a facility which cannot be used for its intended purpose unless it is located or carried out in close proximity to water, such as a docking or port facility necessary for the service facilities. "Historic Structure" means any structure that is a. Listed individually in the National Register of Historic Places (iF listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register: b. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district preliminarily determined by the Secretary to qualify as a registered historic district: c. Individually listed on a state inventory of historic places in states with historic preservation programs_ which have been approved by the Secretary of the Interior; or d. Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either: i. By an approved state program as determined by the Secretary of the Interior, or 2. Directly by the Secretary of the Interior in states without approved programs. "Mean Sea Level" means the average height of the sea for all stages of the tide. It is used as a reference for establishing various elevations within a floodplain. For purposes of County Code Chapter 930, the term is synonymous with National Geodetic Vertical Datum (NGVD). "New construction", for purposes of County Code Chapter 930 relating to flood protection, means any structure for which the "start of construction" commenced after July 3, 1978. The term also includes any subsequent improvements to such structure. "New manufactured home park or subdivision" or subdivision construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by a community. means a ich the Coding: Words in • • type are deletions from existing law. Words underlined are additions. 24 ORDINANCE NO. 94- 25 "Primary frontal dune" means a continuous or nearly continuous mound or ridge of sand with relatively steep seaward landward slopes immediately landward and adjacent to the beach and subject to erosion and overtopping from high tides and waves during major coastal storms. The inland limit of the primary frontal dune occurs at the point where there is a distinct change from a relatively steep slope to a relatively mild slope. "Sand dunes" means naturally occurring accumulations of sand in ridges or mounds landward of the beach. "Special Flood Hazard Area (SFHA)" means the area having a one percent or greater chance of being flooded in any given year . "Start of construction" ,for purposes of County Code Chapter 930 relating to flood protection, (for other than new construction or substantial improvements under the Coastal Barrier Resources Act (P. L. 97-348)), includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, or improvement was within 180 days of the permit date The actual start means the first placement of permanent construction of a building (including a manufactured home) on a site, such as the pouring of slabs or footings, installation or piles, construction of columns or any work beyond the stage of excavation or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of a accessory _buildings, such as garages or sheds not occupied as dwelling units or not part of the main building. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration effects the external dimensions of the building. "Substantial damage" means damage of any origin sustained a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceea Su the before the percent of damage occurred. the market value of structure "Substantially improved existing manufactured home parks or subdivisions is where the repair, reconstruction, rehabilitation or improvement of the streets, utilities and pads equals or exceeds 50 percent of the value of the streets, utilities and pads before the repair, reconstruction or improvement commenced. "Violation", for purposes of County Code Chapter 930 relating to flood protection, means the failure of a structure or other development to be fully compliant with the provisions of County regulations. A structure or other development without the elevation certificate, other certifications or other evidence of compliance is presumed to be in violation until such time as that documentation is provided. Coding: Words in • -• • type are deletions from existing law. Words underlined are additions. 25 ORDINANCE NO. 94-25 "Zone of imminent collapse" means an area subject to erosion adjacent to the shoreline of an ocean, bay, or lake and within a distance equal to 10 feet plus 5 times the average annual long-term erosion rate for the site, measured from the reference feature. H. Chapter 901 is hereby amended by revising certain existing definitions as follows: "Basement" a story partly underground and having at least one-half of its height above the average adjoining grade. A basement or cellar shall be counted as a story if the vertical distance from the average adjoining grade to the ceiling is over five feet. For purposes of County Code Chapter 930 relating to flood protection, "basement" means that portion of a building having its floor subgrade (below ground level) on all sides. adjacent • •.- means a wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces without causing damage to the elevated portion of the building or the supporting foundation systemo (1) Before the repair or improvement is started; or means the total cost of reconstruction, alteration, rehabilitation, addition, or other improvements to a building (including electrical, plumbing, heating, and air conditioning) taking place during a ten year period. which equals or exceed fiftv (50) Dercent of initial repair or improvement. In the case of damage, the market value of the building is that prior to the damage occurring. If the assessed value represents only a percentage of building value, then the market value equals the assessed value plus an amount representing the:discount-percentage. Coding: Words in MWISISMERM type are deletions from existing law. Words underlined are additions. 26 ORDINANCE NO. 94-25 This term includes structures which have incurred "substantial damage", regardless of the actual repair work performed. It does not include repairs for damage from any origin which are determined to be less than "substantial damage" as defined in this ordinance. For the purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the building. The term does not, however, include: ired ject for improvement of a building to correct existing violations of state specifications which have been identified by the Code Enforcement Official which have been cause for issuance of a citation or condemnation, and which are solely the minimum necessary to assure to assure safe living conditions; or (2)_ any alteration of a "historic structure provided that the alteration will not preclude the structure's provided that the alteration will to preclude the structure's continued designation as a "historic structure", and for which a variance has been granted pursuant to this ordinance. "Variance" a dispensation permitted on individual parcels of property as a method of alleviating unnecessary hardship by allowing a reasonable use of the building, structure, or property, which, because of unusual or unique circumstances, is denied by the terms of Chapter 911, Zonings, or Chapter 930, Stormwater Management and Flood Protection. 19. Chapter 901 is hereby amended by changing the following definition as follows: A person shall be deemed to be inhabiting or living upon a vessel during a given day if he or she is present aboard a docked or moored vessel for a continuous period of more than two (2) hours between the hours of 9:00 p.m. and 6:00 a.m. during that day. A person shall be presumed present aboard a vessel if lights, television, or other appliances are seen on or heard between 9:00 pm and 6:00 am. Use of lights required for vessel navigation purposes under Florida Statutes 327.50(2) or use of outside security lights shall not constitute evidence for such a presumption. A registered commercial fishing boat, as defined in subsection 327.02(3)(a) Florida Statutes, is expressly excluded from the term "live -aboard vessels". 20. Section 917.06(6) is hereby amended as follows: (6) Piers, docks, boatslips and waterfront structures. No dock, pier, boatslip, or waterfront structure accessory to a single-family residence shall be rented, leased or sold to a party unless said party rents, leases, or buys the associated single-family residence. Coding: Words in • • • type are deletions from existing law. Words underlined are additions. 27 1 ORDINANCE NO. 94- 25 See Chapter 932, Coastal Management, for more information relating to piers, docks, boatslips and waterfront structures. 21. Section 934.05(4) is hereby amended as follows: Any excavation or mining activity in the unincorporated county which results in the creation or expansion of a waterbody (as defined in Chapter 901) greater than one half acre in size shall be subject to the following standards, except as specifically exempted in Section 934.04 of this chapter: (4) The slopes of the waterbody areas from top of bank to the littoral zone area shall not exceed one ( 1) foot vertical to three (3) feet horizontal. Littoral zones and extended littoral zone shelves shall be located within an area bounded by a landward limit of one (1) foot above the control water elevation and a waterward limit of two and one-half (2 1/2) feet to four (4) feet below the control water elevation. At least thirty (30) percent of the waterbody surface area or 21 s uare feet per linear foot of shoreline, whichever is less, shall consist of a littoral zone. The thirty percent is calculated based on the ratio of vegetated littoral zone to surface area of the waterbody at the control elevation. Within the planted littoral zone(s) area(s), the littoral zone slope shall not be steeper than an average slope of one (1) foot vertical to six (6) feet horizontal, and the littoral zone need not be established in a continuous band around the waterbody. Although no minimum slope below the littoral zone is required, the slope below the littoral zone shall be constructed so that natural soil movement will not reduce the littoral zone area. 22. Setbacks for Legal Nonconforming Lots of Record Endnote 112" of Section 911.08(7) is hereby amended to read as follows: 2One foot additional yard for each two (2) feet in height over twenty-five (25) feet in building height shall apply* Also, the RS -6 yard requirements shall apply to RM -3, RM -4, RM -6, RM -8, and RM -10 zoned nonconforming lots of record lawfully created prior to June 18, 1991. 23. Setbacks for Swimming Pool Structure on Multi -Frontage Lots. Section 911.15(2)(f)40 is hereby amended to read as follows: 4. Pool enclosures. No screen enclosures for swimming pools shall be located within an easement or closer than ten 110 feet to: the rear property line on interior 615 MINNE11 lots the rear or side 2roperty line on corner and multi - frontage lots. For purposes of this paragraph, yards which are not adjacent to the main entrance of the lot, but which abut a road classified as an arterial road on the county's thoroughfare plan map shall be considered rear yards. Pool enclosures shall not encroach on the required rear yard on either double frontage lots or corner lots if the rear yard abuts or faces the front yard providing the main entrance to another lot. 24. Section 913.06(1)(C) is hereby amended to read as follows [sections 913.06(1)(A), (B), (D), (E), and (F) are to remain]: 11(1) Unlawful activity. It shall be unlawful and subject to penalties provided herein for any person to: (C) Divide property after December 8, 1973 by any means where a resulting lot ® does not have frontage on: a dedicated public right-of-way, private platted right-of-way (street), or a roadway historically and currently maintained by the county, as referenced on the county road grading map, 90036161MMON191 of at least. Coding: Words in type are deletions from existing law. Words underlined are additions. 28 ORDINANCE NO. 94- 25 1. Sixty (60) continuous feet, unless exempted under section 913.06(2), or unless the lot fronts upon a cul-de-sac or curve and meets the requirements of section 913.09(6)(C), for properties located within the A-1, A-21 A-3, Con -2, Con -3, RFD and RS -1 zoning districts; 2. The minimum lot width of the zoning district applicable to the lot(s) created for properties located within zoning districts other than those referenced in the above paragraph 1., unless exempted under section 913.06(2), or unless the lot fronts upon a cul-de-sac or curve and meets the requirements of section 913.09(6)(c). Access, ingress/egress, or other easements shall not be deemed to constitute a publicly dedicated road right-of-way unless previously dedicated to and accepted by the county. Private access easements shall be considered "private platted rights-of-way (street)" for purposes of this section, if: a. The physical roadway located within the easement(s) existed prior to the county's road frontage requirement (December 81 1973); and b. The physical roadway has a width meeting county local road standards (20' for single family development); and C* A notarized letter from the person or entity responsible for road maintenance is filed with the county, indicating the person or entity responsible for maintenance and the method of maintenance performed; and d. The person(s) proposing the lot split files for and obtains administrative approval from staff, verifying that requirements are satisfied regarding private road right-of-way frontage. Note: Parcels created between September 21, 1990 and December 4, 1991 are subject to the sixty (60) continuous feet (rather than a minimum lot width) frontage requirement, regardless of the zoning district in which the property is located. 25. Section 912.06(3)(C) is hereby amended to read as follows: Divide property after December 8, 1973 by any means where a resulting lot ® does not have frontage on: a dedicated public right-of-way, • a private platted right-of-way (street), or a roadway historically and currently maintained b the count as referenced on the count road radin map, - of at least. •� • • - • • • •- 1. Sixty (60) continuous feet, unless exempted under 'section 912.06(2), or unless the lot fronts upon a cul-de-sac or curve and meets the requirements of section 913.09(6)(C), for properties located within the A-1, A-2, A-3, Con -2, Con -3, RFD and RS -1 zoning districts; 2. The minimum lot width of the zoning district applicable to the lot(s) created for properties located within zoning districts other than those referenced in the above paragraph le, unless exempted under section 912.06(2), or unless the lot fronts upon a cul-de-sac or curve and meets the requirements of section 913.09(6)(c). Coding: Words in loiiz-orwLwao type are deletions from existing law. ORDINANCE NO. 94- 25 Access, ingress/egress, or other easements shall not be deemed to constitute a publicly dedicated road right-of-way unless previously dedicated to and accepted by the county. Private access easements shall be considered "private platted rights-of-way (street)" for purposes of this section, if. a. The physical roadway located within the easement(s) existed prior to the county's road frontage requirement (December 8, 1973); and b. The physical roadway has a width meeting county local road standards (20' for single family development); and c. A notarized letter from the person or entity responsible for road maintenance is filed with the county, indicating the person or entity responsible for maintenance and the method of maintenance performed; and d. The person(s) proposing the lot split files for and obtains administrative approval from staff, verifying that requirements are satisfied regarding rivate road right-of-way frontage. 26. REPEAL OF CONFLICTING PROVISIONS 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. 27. 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. 28. 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. 29. 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 of the State of Florida, except that section 18 of this ordinance shall become effective October 1, 1994. Approved and adopted by the Board of County Commissioners of Indian River County, Florida on this 31 day of August , 1994. This ordinance was advertised in the Vero Beach Press -Journal on the 6 day of August , 1994, and on the 25 day of August 1994, for public hearings to be held on the 15 Coding: Words in PUMMEW31re • type are deletions from existing law. Words underlined are additions. ORDINANCE NO. 94- 25 day of August 1994, and on the 31 day of August 1994 at which time at the final hearing it was moved for adoption by Commissioner Eggert , seconded by Commissioner Bird and adopted by the following vote; Chairman John W. Tippin Vice Chairman Ken Macht Commissioner Fran B. Adams Commissioner Richard N. Bird Commissioner Carolyn K. Eggert A BOARD OF COUNTY COMMISSIONERS'`.: OF L AN IVER.COJJ�TTy`'' By -�� . �.• ohn . Tipp=in, I Qnairman-;., ` ATTEST BY: Je tYey •-K--: B rtori, clerx k Acknowledgement by the Department of State of.the State of Florida this 6th day of September 1994•` fix• .� Effective Date: Acknowledgement from the "Department of State received on this 9th day of September , 1994 at Noon '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. !,-CJ/' William G. Collin , II, Deputy County Attorney APP ED AS TO PLANNING MATTERS Robert M. Keatin , AI Community Develop ment Director u\c\s\ldrs0894.ord Coding: Words in • - • type are deletions from existing law. Words underlined are additions. 31