HomeMy WebLinkAbout1995-10ORDINANCE N0. 95-10
AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING
THE FOLLOWING CHAPTERS OF THE LAND DEVELOPMENT
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 951, ROAD ADDRESSING SYSTEM; CHAPTER 952,
TRAFFIC; CHAPTER 954, OFF-STREET PARKING; CHAPTER 956,
SIGN REGULATIONS, CHAPTER 971, REGULATIONS FOR SPECIFIC
LAND USE CRITERIA; CHAPTER 972, TEMPORARY USES; 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 the Indian River County land development
regulations (LDRs) be amended as follows:
1. Required Separation Distances Between Group Homes/ACLFs.
Section 971.28(3)(e)4 is hereby amended to read as follows:
4. To avoid an undue concentration of group care facilities
. - within residential neighborhoods, all such
facilities within residential zoning districts shall be
located at least one thousand two hundred (1,200) feet
apart, measured from property line to property line,
unless exempted as follows. The separation distance
requirement and measurement shall not apply to group home
or ACLF uses involving 21 or more residents, where such
uses are located on maior arterial roadways.
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Sales Offices. Section 972.08(3) is hereby amended to read as
follows:
(3) Temporary real estate sales offices, for the purpose of
marketing for sale ten (10) or more lots or units which are
contiguous, are allowed within authorized zoning districts
subject to the following conditions and restrictions.
(a) If a mobile home or trailer is used as the sales office,
it shall not exceed eight hundred (800) quare feet of
gross floor area, and may not be used for such purpose
for more than twelve (12) months from the date of
issuance of the temporary use permit, and thereafter
shall be removed or shall be used in accordance with all
regulations of the district in which it is located. The
temporary use permit may be extended one time for a
period not to exceed three (3.) months. Sales offices
located on the premises after the expiration of the
permit must be located in a permanent structure.
(b) If the sales office is located in a modular or permanent
building that meets applicable building code standards,
a temporary use permit may be issued for a period of up
to one years, MM"11M and may be renewed annually upon
re-application.
(c) The sales office shall not be used to promote or market
for sale any lot or unit which is not part of the common,
contiguous project being marketed by the same developer
and agent.
Coding: Words in • . -• • type are deletions from existing law.
Words underlined are additions.
(d) Neither the sales office nor signs shall be illuminated,
other than for security purposes, or used for any
business activity, after 9:00 p.m., except as may be
allowed when located in a nonresidential zoning district.
All temporary
parking as
real estate sales offices shall provide
required for model homes in section
• .• • -• • .• • . and shall have
water and wastewater treatment provisions approved by the
environmental health and utility services department for
the lot or site upon which the -temporary office will be
located. For temporary offices associated with multi-
family or non-residential projects, all applicable
landscaping requirements of Chapter 926 shall be
satisfied.
(f) The sketch accompanyinq the temporary use permit
application shall identify the driveway access to the lot
or site, parking areas (spaces, dimensions, method of
stabilization), water and wastewater services,
landscaping improvements (if applicable), and building
setbacks and dimensions (or building envelope).
3. Correction of Text Omissions. Parks in Con -3 District.
Section 971.40(7)(b) is hereby amended to read as follows:
(b) Districts requiring special exception approval, (pursuant
to the provisions of 971.05): Con -1 Con -2 Con -3.
4. Noncommercial Agricultural Uses in ROSE -4 District.
A. Section 911.13(3) ... ( c ) is ...hereby .amended -to -.read as
follows:
(c) Uses. Uses in the ROSE -4 district are classified
as permitted uses, administrative permit uses and
special exception uses. Site plan review shall be
required for all uses except single-family
dwellings and mobile homes erected on individual
lots. All new mobile home parks or subdivisions
must be platted and receive major site plan
approval.
ROSE -4
Agricultural Uses
Noncommercial kennel A
Noncommercial stable A
Noncommercial greenhouse A
Residential Uses
Accessory single-family
dwelling unit A
Single-family dwellings P
Mobile homes P
Coding: Words in • • -• • type are deletions from existing law.
Words underlined are additions.
9
Or
Public Service Uses
Child and adult care facilities
Foster care facilities
Places of worship
Public parks and playgrounds
Emergency services
Educational facilities, excluding
business
Group home (level 1)
Recreational
Golf courses
Utility Uses
Public and private utilities (limited)
ITransmission towers:
Less than 70 feet in height
70-140 feet in height
Over 140 feet in height
P=Permitted
A=Administrative
permit
S=Special
exception
A
P
S
A
P
S
A
S
A
P
A
Be Section 971.08(8)(a) is hereby amended to read as
follows:
(a) Districts requiring administrative permit approval,
(pursuant to the provisions of 971.04): RS -1 RS -2
RS -L3 RS -6 ROSE -4.
Co Section 971.08(9)(a) is hereby amended to read as
follows:
(a) Districts requiring administrative permit approval,
(pursuant to the provisions of 971.04): RFD RS -1
RS -2 RS -3 RS -6 RT -6 RM -3 RM -4 RM -6 RM -8 RM -
10 ROSE -4.
D. Section 971.08(12)(a) is hereby amended to read as
follows:
(a) Districts requiring administrative permit approval,
(pursuant to the provisions of 971.04): Con -3
Con -2 RFD RS -1 RS -2 RS -3 RS -6 RT -6 RM -3 RM -
4 RM -6 RM -8 RM -10 ROSE -4.
Community Development Director Sign -Off on Minor Site Plans.
Section 914.06(4)(f) is hereby amended to read as follows:
Approval of minor site plans. The TRC is authorized to
approve, approve with conditions, or deny minor site plan
applications not requiring administrative permit
approval. Once all commenting TRC members have reviewed
and approved the applicant's responses to comments, the
minor site plan shall be signed and approved. All
applicants pursuant to the provisions of .• - •��
Section 914.13.
Coding: Words in . •off-. • type are deletions from existing law.
Words underlined are additions.
u
E
6. Driving Aisle Widths for Mini -Storage Projects. Section
954.05(39) is hereby amended to read as follows:
(39) Ministoragefacilities. Mini -storage facilities shall
require a minimum of four (4) spaces. One space per
three thousand (3,000) square feet of gross floor area of
the building(s). All spaces shall be located adjacent to
the facility's office. Additionally, driving aisles, a
minimum of twenty (20) feet wide for one-way
aisles, shall be provided adjacent to the entrance of
each storage unit having an exterior door or other
exterior opening for loadingg)and unloading. Driving
aisle width standards may be increased by the public
works director for two-way traffic flow. In addition,
two (2) spaces per watchman's quarters are required.
surfaces or stabilized surfaces as approved by the
public works director. The outdoor storage area
must be screened from any rights-of-way or adjacent
-residentially zoned areas by a Type "B" buffer.
7. Update of Chapter 912 SR 60 Setback Allowance. Section
912.07(1)(b)l is hereby amended to read as follows:
1. S.R. 60: All developments abutting S.R. 60 shall setback
seventy-five (75) feet from the S.R. 60 right-of-way.
This seventy-five foot setback shall not apply to
individual lots of record lawfully created prior to
October 9, 1992 having a depth of one hundred fifty ( 150)
feet or less as measured from S.R. 60 road right-of-way.
8. Open Space Calculation for Agricultural Properties with
Manmade Water Bodies.
A. Section 901.03 is hereby amended to read as follows:
"Open space the gross area of the site less building
coverage, parking surface, internal traffic circulation
system, and any exclusions herein specifically set forth.
Open space is green area, natural or landscaped. Up to
thirty (30) percent of the open space requirement for a
development may be satisfied by a body or bodies of water
contained within the development area." Specific,
alternative means of calculating open -space may be set
forth for specific conditions in other chapters of the
land development regulations.
Be Section 911.06(6) is hereby amended to read as follows:
(6) Size and dimension criteria.
Regulation Unit A-3 A-2 A-1 RFD RS -1 1
Maximum density du/gr.ac. 0.05 0.1 0.2 0.4 1
Minimum lot size sq. feet 870,000 430,000 200,000 85,000 40,000
Minimum lot width feet 150 150 150 150 125
Minimum yard setback feet
Front 30 30 30 30 30
Side 30 30 30 30 20
Rear 30 30 30 30 30
Maximum building height feet 35 35 35 35 35
Maximum building coverage % of lot 10 2 10 2 20 2 30 30
Minimum open space % of lot 80 80 60 50 50
i
Nonconforming lots of record lawfully created prior to April 11, 1985 shall meet the RS -6 yard
requirements
Legally created lots of record existing prior to June 18, 1991, in the A-1, A-2, and A-3 districts may
be developed for one singe -family dwelling each, regardless of density; provided all other regulations
and codes are satisfied. These lots must meet requirements of the RS -1 district for the size and
dimension criteria.
Coding: Words in . . -9 . type are deletions from existing law.
Words underlined are additions.
2
For properties containing manmade bodies of water, the open water area may be excluded entirely from
the open space calculation (e.g. excluded from gross area and from open space area credit).
9. Hours of Display for Open House Signs. Section 956.11(2)(h)6
is hereby amended to read as follows:
6. Additional regulations for real estate open to inspection
signs. One on -premise sign not to exceed four ( 4 ) square
feet in area inviting the inspection of said property in
all zoning districts may be placed in addition to the
sign permitted in subparagraph 956.11(2)(h)1.
Two (2) additional off -premise open house signs may be
placed per open house. However, no more than two (2)
such signs may be placed.per intersection. Such signs
may be located within a road right-of-way, provided the
sign is.
a. Located at least eight (8) feet from any roadway;
b. Constructed as a break away sign; and
c. No more than three (3) feet above the crown of the
adjacent road.
All open house signs shall be placed only when the
property is actually open for inspection and shall
be displayed only between the hours of 8:00 a.m. and
7:00 p.m. Said signs shall be limited to the words
"open house", "open for inspection", or other similar
words or phrases.
10. Development Project Soils Certification Requirement. Amend
Section 930.08 as follows:
(1) Type A Permit - A detailed description and drawing ( scale
1" = 50' or larger) of the proposed stormwater management
system shall be submitted to the Community Development
Director by a Florida registered engineer or, for any
development project constructed on a site of 1.00 acre or
less, a Florida registered architect as long as any
engineering service involved in the design is purely
incidental to the architect's practice, as provided for
in Florida Statutes §481.229, as may be amended from time
to time. The following information shall be required:
(a) Hydrologic data including design rainfall, project
drainage area, tributary offsite drainage area,
percolation tests, existing and proposed impervious
area and soil characteristics including depth to
wet season high water table. Soil boring at four
hundred (4001) feet spacing to a depth of six (61)
feet shall be provided. Alternate representative
soil profiles may be used if approved in writing by
the Public Works Director and if demonstrated to be
from a reliable and generally recognized source. A
one foot interval contour topographic map of
development area including offsite area of
sufficient size to indicate the general neighboring
elevations, drainage patterns and transition grades
shall be provided. Justification for wet season
water table assumptions shall be provided.
(b)
Hydrologic calculations
for determining
existing
and proposed stormwater
runoff.
Coding: Words in ISMUMMUS . type are deletions from existing law.
Words underlined are additions.
(c) Hydraulic data including receiving water stages,
stage -storage and stage -discharge data for proposed
retention and/or detention facilities, and
percolation test data as per the following
procedure.
1. The test holes shall be located as close as
possible to the proposed location of
exfiltration trench or other percolation
facility (vertical and horizontal) and, if
critical, to a depth two (2') feet below the
water table at the time of the test.
2. A hole for each test of approximately twelve
(12") inches diameter (or as required for a
maximum clearance of one-half (Z") inch
between the -hole - and test casing) is excavated
to the required depth and the casing is
lowered into the hole with a minimum of twelve
(12") inches extending above the surface of
the grade.
3. The test casing shall consist of a pipe that
is a least eight (8") inches in diameter with
perforations in approximately the bottom
seventy-five (75%) percent of the length as
measured from the surface. The bottom of the
casing shall be pointed. Exfiltration
increments shall be measured with a suitable
gauging device.
4. Fill the test bore to six (611) inches above
the surface of the existing grade and run the
test no later than two (2) hours after the
level has exfiltrated to below surface of
existing grade. In all cases test runs are to
start only after the first two (2") inches
have exfiltrated. If a dry season condition
exists, the test shall begin when the soil is
moist and a wet season is simulated.
5. Run tests for at least thirty (30) minutes and
record at least the date, weather, project
name, name of person conducting test, test
number, .location on site, sketch _of ..hole and
casing, groundwater conditions, incremental
drop and time, and subsurface soil
information. Information shall be tabulated
and attested to by a registered professional
engineer, licensed to practice in the State of
Florida. The County Public Works Department
reserves the right to witness the test
procedure. Exfiltration rates for designing
the site drainage facilities shall be deter-
mined by the developer's engineer from these
tests based on percolation rate experienced at
the elevation of the proposed system using a
safety factor of 2 or greater. Alternate
percolation or permeability tests procedures
may be used if approved in writing by the
Public Works Department prior to their use.
(d) Hydraulic calculations for sizing channels,
culverts, inlets, retention/detention ponds, pond
discharge structures, and determining discharge
rates and maximum water surface elevations.
Coding. Words in • • -• • type are deletions from existing law.
Words underlined are additions.
11
(e) Erosion and Sedimentation Control Plans, during and
after construction.
(f) Statement of all assumptions and reference sources
used in conduct of the study.
snowing zne removal anu
ctory soils for :approval.
Where percolation is proposed, at least one boring
per basin shall be submitted. Said borings shall
be to a depth of twenty (201) feet below the invert
of the basin or to a depth sufficient to locate the
groundwater table or impervious soil layer.
(i) A general description of the manner in which the
stormwater management system is to be maintained,
indicating who or what entity shall be responsible
and by what method the responsibility shall be
created and documented.
(j) A list of all agencies (State, Federal or local)
having permit jurisdiction for the project. A copy
of all state, local, SJRWMD, and Federal permits
shall be submitted prior to issuance of a building
permit. In cases where a surface water management
permit is required from the SJRWMD, identical plans
and calculations shall be submitted for review and
coordination between the County and the SJRWMD.
(2) Type B Permit and Type C Permit - In addition to the
information required for Type A permits in Sub -section
930.08(1) of this chapter, an applicant for a Type B
Permit shall submit to the Community Development Director
all information showing compliance with 930.07(2) of this
chapter, and the following:
(a) Elevation
in relation
to
mean sea level of the
to mean
proposed
lowest
floor (including
basement) of all
structures.
development.
structure
will be
(b) Elevation
Description
in relation
the extent
to mean
sea level
to which
any non-residential
as a result of
proposed
development.
structure
will be
flood -
proofed.
(c) Provide a certificate from a Florida registered
professional engineer or architect that the
proposed structure and site work design meets the
applicable criteria set forth in this chapter.
(d)
Description
of
the extent
to which any watercourse
will
be altered
or relocated
as a result of
proposed
development.
Coding: Words in • • -• •9 type are deletions from existing law.
Words underlined are additions.
(e) An applicant for a type "C" permit shall submit all
information showing compliance with 930.07(2) of
this chapter and all information required in
930.08(2)(a) through (d).
11. Ordinance Text References to Public Works Staff.
A. Section 954.08(2), (3), (4), (5), and (6) are hereby
amended as follows.
(2) Non -concurrent parking (shared over time) study.
The required amount of parking for a project may be
reduced from the requirements of section 954.05, as
specified herein, upon submittal and review of the
following information, a determination by the
ublic works director or his designee
-- and community development director that
the standards specified herein have been met, and
approval by the Planning and Zoning Commission.
(a) A parking accumulation study must be prepared
by a registered engineer and submitted with
the site plan application. The study must be
signed and sealed by a professional engineer.
(b) A pre -study meeting is required between the
petitioner's engineer and the county ublic
works director or his designee
- to set forth the parameters of the
study (number of days, hours of the day,
sites) to be studied).
10 cover at least a 3 day period;
20 a. proposea pro3ecLs. cover aL leasL 3
sites having a similar mix of uses
and design characteristics as the
proposed use;
be existing projects: may use one
site, being the existing site.
3* record occupied parking spaces within the
study area at 15 minute increments;
4o record the information on sketch;
50 summarize the information for each day of
the study and compile the information for
analysis; and
6s factor in a peak season demands
7s include an analysis section that derives
a total parking demand number and
compares that number plus the 15% safety
factor referenced in (d) below with the
standard rate total parking requirement;
8e include a conclusions section which,
based upon the date and analysis,
proposes a reduced total parking number,
if warranted.
Coding: Words in • • -• • type are deletions from existing law.
Words underlined are additions.
(c) All parking studies at
a minimum
shall:
10 cover at least a 3 day period;
20 a. proposea pro3ecLs. cover aL leasL 3
sites having a similar mix of uses
and design characteristics as the
proposed use;
be existing projects: may use one
site, being the existing site.
3* record occupied parking spaces within the
study area at 15 minute increments;
4o record the information on sketch;
50 summarize the information for each day of
the study and compile the information for
analysis; and
6s factor in a peak season demands
7s include an analysis section that derives
a total parking demand number and
compares that number plus the 15% safety
factor referenced in (d) below with the
standard rate total parking requirement;
8e include a conclusions section which,
based upon the date and analysis,
proposes a reduced total parking number,
if warranted.
Coding: Words in • • -• • type are deletions from existing law.
Words underlined are additions.
M
(d) Fifteen per cent (15%) of the highest 15
minute accumulation period must be added to
the maximum number of spaces occupied during
the highest 15 minute period.
(e) The signed and sealed parking accumulation
study shall be reviewed by the County public
works director or his designee
• -- and the Community Development
Director. The petition and the
recommendations of the county ublic works
director or his designee 0111MINIgm-- and
community development director, will then be
forwarded to the Planning and Zoning
Commission for final action. Any appeal shall
be handled the same as a site plan appeal
pursuant to chapter 902.
(3) No Similar Use Study. For uses which are not
listed in section 954.05 of this chapter and where
the applicant so desires, the applicant may conduct
a parking accumulation study to determine a parking
standard for the subject use. The parking standard
for the subject use will be determined after
submittal and review of the following information,
a determination by the public works director or his
designee - •a and community development
director that the standards specified herein have
been met, and approval by the planning and zoning
commission.
(a) A parking accumulation study must be prepared
by a registered engineer and submitted with a
site plan application. The study must be
signed and sealed by a professional engineer.
(b) A pre -study meeting is required between the
petitioner's engineer and the county up blit
works director or his designee kMMBMMM
MeTIMIMM to set forth the parameters of the
study (number of days, hours of the day,
sites) to be studied).
(c) The site(s) to be studied must be occupied by
uses similar to. the uses ..proposed by the
applicant.
1e cover at least a three (3) day period,
All
cover at least 3 site(s)
having a
similar
(d) parking studies
at a minimum
shall:
1e cover at least a three (3) day period,
F
3. record occupied parking spaces within the
study area at 15 minute increments,
40 record the information on a sketch;
59 summarize the information for each day of
the study and compile the information for
analysis;
6s factor in a peak season demand;
Coding: Words in MgMLej&%9jjLILIM type are deletions from existing law.
Words underlined are additions.
2e
cover at least 3 site(s)
having a
similar
F
3. record occupied parking spaces within the
study area at 15 minute increments,
40 record the information on a sketch;
59 summarize the information for each day of
the study and compile the information for
analysis;
6s factor in a peak season demand;
Coding: Words in MgMLej&%9jjLILIM type are deletions from existing law.
Words underlined are additions.
7. include an analysis section that states
the parking demand number for each use on
each site, along with the average parking
demand number for each use studied (all
sites). Said numbers shall include the
15% safety factor in (d) below;
8. include a conditions section which, based
upon the data and analysis, proposes a
standard parking rate (a certain number
of spaces per a certain number of square
feet gross building area) for a
particular use category.
(e) Fifteen per cent (15%) of the highest 15
minute accumulation period must be added to
the maximum number of spaces occupied during
the highest 15 minute period.
(f) The signed and sealed parking accumulation
study will be reviewed and approved by the
County ublic works director or his desi nee
• - and the community development
director. The petition will then be forwarded
to the planning and zoning commission for
final action. Any appeal shall be handled the
same as a site plan appeal pursuant to chapter
902.
(4) Non -Paved Parking. Fully sodded or otherwise
stabilized parking may be permitted for certain
areas as specified in Section 954.05, and also for
projects subject to infrequent use such as sites
having the weekly use characteristics of churches
upon review and approval by the Planning and Zoning
Commission.
(a) The following shall be submitted by the
project applicant to evaluate the use and
adequacy of the unpaved "infrequent use"
parking surface.
1. A topographic survey of the project site.
2. .,.The intended. use, of the, .site ...including
frequency of parking and type of
vehicle(s) anticipated to use the site.
3. The location of the ground water table
during the wettest season of the year.
4. A soil profile to at least a depth of six
(6) feet taken at a minimum of two (2)
locations.
5. A maintenance program outlined for the
parking area.
6. A typical section of the parking lot
area, which depicts solid sod or other
proposed cover material on a stable load
bearing type subgrade.
'7. A complete drainage plan for the site.
Coding: Words in • . -• • type are deletions from existing law.
Words underlined are additions.
Each request shall be subject to approval by
the Indian River County Planning and Zoning
Commission pursuant to site plan approval.
(b) The following standards shall be satisfied
prior to the approval of non -paved parking
spaces.
i. The materials cross-section and load-
bearing capabilities in relation to the
intended use shall be approved by the
public works director or his designee
M61951ow Itemonwaawman
2. Where used in conjunction with paved
spaces, the non -paved spaces shall be
located so as to be used less often than
the paved spaces.
3. For all uses except infrequent uses, non -
paved parking spaces shall be directly
accessed from a paved driving aisle.
(6) Unpaved vehicle storage lots. Unpaved vehicle
storage lots may be approved and established via
the provisions of Chapter 914 subject to the
following conditions:
a. The vehicle storage lot use is allowed in the
zoning district in which the storage lot is
proposed.
b. The storage lot surface shall be stabilized,
in a manner suitable for the proposed use, as
approved by the public works director or his
designee 161919JI11- • -
c. The storage lot shall be screened from any
adjacent road right-of-way by a type "D"
buffer with three (3) foot (or greater) opaque
feature.
d. The storage lot shall be buffered from any
residentially designated property as required
in .Chapter .911 .
e. Stormwater management facilities shall provide
the greater of:
1. Detention or retention of the increase in
runoff from the mean annual twenty four-
hour storm; or
2. One (1) inch of runoff.
f. The site plan shall note that all required
parking spaces are provided separately from
the storage lot surface and that the required
parking space surface conforms with the
requirements for such parking spaces.
Be Section 954.09 is hereby amended to read as follows:
Off-street loading regulations. These requirements shall
apply to all commercial and industrial uses.
Coding: Words in • • -• • type are'deletions from existing law.
Words underlined are additions.
M
(1) A minimum number of loading spaces or berths shall
be provided and maintained as follows:
Over 5,000 but not over 24,999 Restaurants & Industrial: 1
25,000 59,999 Industrial & Commercial: 2
60,000 119,999 Industrial & Commercial: 3
120,000 199,999 Industrial & Commercial: 4
Over 200,000 Industrial & Commercial: 5
Note: packing houses shall provide loading spaces
as specified.in.section 954.05, also convalescent
homes shall provide a loading space as specified in
section 954.05.
(2) Loading rspaces or berths shall have minimum
dimensions of fourteen (14) feet by thirty (30)
feet, plus each space or berth shall have an
additional two hundred and fifty (250) square feet
of loading or maneuvering area immediately
contiguous to the space or berth.
(3) Any facility required to have loading facilities
may be permitted to have a driveway of a width
adequate to handle the size of the delivery
vehicles. The width of the driveway is to be
approved by the public works director or his
designee • - • --
(4) Service alleys or driveways shall have minimum
width of twenty (20) feet.
C. Section 954.10(1), (2), (3), (4), (5), and (6) are hereby
amended to read as follows.
Off-street parking pavement types. Off-street parking
areas shall be constructed of one of the following
pavement types:
(1) Flexible pavement consisting of a subgrade, base
course, and asphalt surface course to be
constructed in accordance with the following (a)
through (e):
(a) :A six -inch -thick homogenous subgrade mixed and
stabilized to a Florida bearing value (FBV) of
fifty (50) psi minimum and compacted to a
minimum of ninety-eight (98) per cent of
maximum density (AASHTO T-180).
(b) A six -inch -thick limerock or cemented coquina
base compacted to a ninety-eight (98) per cent
maximum density (AASHTO T-180) or a six -inch -
thick soil -cement base having a minimum seven
(7) day compressive strength of three hundred
(300) psi and compacted to ninety-eight (98)
per cent maximum density (using ASSHTO
T-280-).
(c) A D.O.T.-approved bituminous prime coat of
grade RS -70 or RC -250 applied from ten -
hundredths to thirty-five hundredths of a
gallon per square yard.
(d) A compacted one -inch -thick D.O.T. Type II
asphaltic concrete surface course.
Coding: Words in • • -• • type are deletions from existing law.
Words underlined are additions.
Building(s)
Size in
Sq.
ft.
No. of Spaces/Berths
Over 5,000 but not over 24,999 Restaurants & Industrial: 1
25,000 59,999 Industrial & Commercial: 2
60,000 119,999 Industrial & Commercial: 3
120,000 199,999 Industrial & Commercial: 4
Over 200,000 Industrial & Commercial: 5
Note: packing houses shall provide loading spaces
as specified.in.section 954.05, also convalescent
homes shall provide a loading space as specified in
section 954.05.
(2) Loading rspaces or berths shall have minimum
dimensions of fourteen (14) feet by thirty (30)
feet, plus each space or berth shall have an
additional two hundred and fifty (250) square feet
of loading or maneuvering area immediately
contiguous to the space or berth.
(3) Any facility required to have loading facilities
may be permitted to have a driveway of a width
adequate to handle the size of the delivery
vehicles. The width of the driveway is to be
approved by the public works director or his
designee • - • --
(4) Service alleys or driveways shall have minimum
width of twenty (20) feet.
C. Section 954.10(1), (2), (3), (4), (5), and (6) are hereby
amended to read as follows.
Off-street parking pavement types. Off-street parking
areas shall be constructed of one of the following
pavement types:
(1) Flexible pavement consisting of a subgrade, base
course, and asphalt surface course to be
constructed in accordance with the following (a)
through (e):
(a) :A six -inch -thick homogenous subgrade mixed and
stabilized to a Florida bearing value (FBV) of
fifty (50) psi minimum and compacted to a
minimum of ninety-eight (98) per cent of
maximum density (AASHTO T-180).
(b) A six -inch -thick limerock or cemented coquina
base compacted to a ninety-eight (98) per cent
maximum density (AASHTO T-180) or a six -inch -
thick soil -cement base having a minimum seven
(7) day compressive strength of three hundred
(300) psi and compacted to ninety-eight (98)
per cent maximum density (using ASSHTO
T-280-).
(c) A D.O.T.-approved bituminous prime coat of
grade RS -70 or RC -250 applied from ten -
hundredths to thirty-five hundredths of a
gallon per square yard.
(d) A compacted one -inch -thick D.O.T. Type II
asphaltic concrete surface course.
Coding: Words in • • -• • type are deletions from existing law.
Words underlined are additions.
(e) Testing of the above flexible pavement
construction shall be by an independent
testing laboratory approved by the ublic
works director or his designee
MM 0 The number of modified proctor
(AASHTO T-180) tests for subgrade and/or base
work shall be one for each material type. At
least two (2) FBV tests or one per ten
thousand (10,000) square feet of pavement,
whichever is greater, is required. At least
one in-place density test for every ten
thousand (10,000) square feet of pavement
using ASTM D2167 (rubber balloon method), sand
cone method, ASTM 2922 (nuclear method), or
other method as approved by the public works
director or his designee MMMMI- • -- is
required for both subgrade and base course
construction. A minimum of two (2) in-place
density tests are required regardless of size
of pavement areas. Soil -cement testing shall
be as per Florida Department of Transportation
Specifications.
(2) Rigid (concrete) pavement consisting of the
following (a) and (b):
(a) A six-inch thick subgrade stabilized to a
Florida bearing value of fifty (50) psi
minimum and compacted to a minimum of ninety-
eight (98) per cent maximum density using
AASHTO T-180. Testing shall be as for
flexible pavement above.
(b) For nonindustrial use, a four and one half-
inch -thick nonreinforced concrete pavement.
For industrial and frequent truck use, a
minimum six -inch -thick nonreinforced concrete
pavement. Design thickness for heavy
equipment use shall be in accordance with the
Portland cement Association recommendations.
Calculations shall be submitted to the ublic
works director or his designee • - • MANk
with the request for rigid pavement design
showing the structural adequacy of the design
and ..the design 1-i f e of the •project . All
concrete to be three thousand (3,000) psi in
twenty-eight (28) days (AASHTO T023). All
materials, longitudinal, transverse and
construction joint location, material
placement, and finishing shall be as
recommended by the Portland cement Association
and the Concrete Promotional Council of
Florida. At least three (3) compressive
strength cylinder samples shall be taken for
every ten thousand (10,000) square feet of
pavement, or five (5) per job; whichever is
greater shall apply. Slump shall be two (2)
to four (4) inches (AASHTO T-119).
Compressive strength shall be reported for
seven (7), fourteen (14) and twenty-eight (28)
days after placement.
(3) Proposed construction standards which deviate from
section 954.09(1) or (2) may be approved by the
ublic works director or his designee
- if in his or her opinion the construction
standards are suitable for the proposed use
Coding: Words in "1107MMEre • type are deletions from existing law.
Words underlined are additions.
pursuant to generally accepted standards are
suitable for the proposed use pursuant to the
following criteria.
1. The project site shall be located outside of
the urban service area as shown on the adopted
land use map.
2. All requirements and standards of section
954.05, 954.06, 954.07, 954.08 and 954.09
shall apply to all parking spaces, driveways
and traffic circulation areas.
3. All applicable Chapter. 930 stormwater
management requirements shall be satisfied.
4. All state handicap parking and access
requirements shall be satisfied.
5. The construction standards of section
954.10(5), (6) and (7) shall apply.
6. The proposed uses(s) on the site shall not
generate/ attract a gross total of more than
two hundred (200) average annual daily trips.
The applicant shall provide information and
analysis deemed sufficient by the county
public works director or his designee
rAILGrMMIZ74R to properly estimate the anticipated
number of average annual daily trips. The
county ublic works director or his designee
- shall determine the total
number of gross average annual daily trips
pursuant to accepted traffic engineering
design standards.
7. No more than five (5) percent of the vehicles
using the project site may exceed (5) tons.
The site may not be used by any vehicle having
an axle weight exceeding eighteen thousand
(18,000) pounds.
8. Unpaved parking stall areas shall have a
stabilized subgrade (minimum thickness: six
(6) inches)-with,a Florida bearing value of at
least seventy-five (75). Sod or other
stabilized material shall be placed on top of
the subgrade. Unpaved driveway areas shall
have a stabilized subgrade (minimum thickness:
six (6) inches) with a Florida bearing value
of at least seventy-five (75).
To demonstrate that existing unpaved areas
meet these standards, core samples taken in
accordance with FDOT-approved methods shall be
performed and the testing methods and results
shall be reported to the ublic works director
or his designee Mellon - • -- A minimum of
three (3) core samples shall be taken on any
given project site or one (1) core sample
shall be taken for every five thousand (5,000)
square feet of unpaved parking/driveway area,
whichever results in the greater number of
required samples. All core sample testing
locations shall be approved by the public
works director or his designee • - • --
prior to testing.
Coding: Words in • • -• • type are deletions from existing law.
Words underlined are additions.
9. The waiver request shall be accompanied by a
parking area and driveway maintenance plan,
certified by an engineer. The maintenance
plan shall address the following.
a. Grading schedule and conformance with
applicable Chapter 930 stormwater
requirements;
b. Maintenance (eg. irrigation and mowing
schedule) of any areas proposed to be
sodded or grassed; and
c. Dust control.
10. The waiver request shall be accompanied by a
parking area and driveway traffic safety and
circulation signage plan that is acceptable to
the county ublic works director or his
designee Offelml -o3stellaM pursuant to accepted
traffic engineering practices.
11. All parking stalls shall be equipped with a
wheel stop or equivalent (eg. non -mountable
curbing).
12. All entrance and/or exit driveways connecting
to a paved roadway shall be paved with a
material in accordance with section 954.10(1)
or (2), from the roadway edge of pavement to a
point at least fifty (50) feet into the
project site as measured in a direction
perpendicular to the roadway edge.
(4) Paving stone, block or similar type construction
shall be allowed subject to approval by the ublic
works director or his designee • - • -
(5) Driveway aprons constructed in the county right-of-
way where a paved county road exists and connects
developments proposed for site plan approval shall
be of the flexible pavement or rigid pavement
design, as specified in 954.09(1) and 954.09(2)
above, and shall be constructed only after receipt
of and ..Indian River .County. Department . of . Public
Works permit.
(6) All construction within the county right-of-way and
as referred to in this section shall be to Florida
Department of Transportation standard
specifications, latest edition, as modified by the
conditions of the Department of Public Works Right -
of -Way Permit.
D. Section 954.11 is hereby amended to read as follows:
For projects projected to generate/ attract less than one
hundred (100) average daily trips, a certificate of
occupancy (C.O.) may be issued without construction of
required driveway/parking area paving improvements if a
contract for construction of required paving improvements
has been properly executed and if security has been
posted in an amount equal to one hundred fifteen (115)
percent of the estimated cost of the required paving
improvements.
Coding: Words in LIZ . -. . type are deletions from existing law.
Words underlined are additions.
(A) The contract shall be on a form provided by the
county and shall obligate the developer to complete
all required paving improvements, in accordance
with the approved site plan(s) and county
development regulations and standards, within a
period of twenty-four months of the date of the
C.O.
(B) The estimated cost of paving shall be approved by
the public works director or his designee
• after review of an itemized cost estimate
certified by the developer's engineer or review of
an actual itemized contract price bid..
(C) The surety posted to guarantee performance of the
contract shall expire, it at all, no less than
ninety (90) days 'beyond the last date for
performance established by the contract. The
surety shall run in favor of � the board of county
commissioners, must be in a form acceptable to the
county attorney, and may be either:
1. A cash deposit and escrow agreement governing
control and use thereof, or
2. An irrevocable letter of credit, (issued by a
financial institution authorized to conduct
business within the state.
E. Sections 952.12(6) and (7) are hereby amended to read as
follows:
(6) Driveway signalization
Any driveway requiring a traffic signal shall
conform to those warrants specified in the Manual
of Uniform Traffic Control Devices, U.S. Department
of Transportation, Federal Highway Administration,
1986. The manual is adopted herein by reference,
and a copy shall be maintained for public
inspection in the office of the • - •
public works director or his designee. The
installation of any traffic signal shall be subject
to the accepted standards and approval of the
engineering department.
(7) Driveway Criteria
Driveway design shall conform to requirements
herein set forth and shall conform to the
guidelines of the Federal Highway Administration,
Report No. FHWA-RD-76-87, "Technical Guidelines for
Control of Direct Access to Arterial Highways,'
dated August, 1975, and the Institute of
Transportation Engineers recommended practice as
set forth in "Guidelines for Driveway Design and
Location," dated 1974. Both guidelines are adopted
by reference, and a copy of each shall be
maintained for public inspection in the office of
theR9,111DVAIMMIF
CM public works director or his
designee.
12. Minimum Driveway Widths for Certain Residential Projects.
Section 952.08(1)(e) is hereby amended to read as follows:
(e) Minimum right-of-way and Pavement Requirements; Credit
for Dedicated Land. The following minimum pavement
Coding: Words in • • -• • type are deletions from existing law.
Words underlined are additions.
widths and right-of-way widths shall be provided either
at the time of development or in the future, as deemed
necessary by the public works director. Full
compensation must be provided to the applicant by the
county for right-of-way dedications regarding non -site
related improvements on all roadways except minor (local)
roads. These standards are consistent with the
functional road classification system established in the
comprehensive plan.
The following generalized minimum road right-of-way width
standards shall apply unless varied by the "Specific
Thoroughfare.. Plan Road Right-of-way Table" which is
incorporated hereto by reference and is located in the
appendix section of this chapter.
Principal Arterial
6LD 130 240 12' wide inside
lanes
4LD 100 200 14' wide outside
lanes as
required
U.S. 1 Corridor
8LD 200 ---
6LD 130 240
4LD 140 240
W/frontage roads
Minor arterial
4LD 100 200 12' wide inside
lanes
2LD 100 100 14' wide outside
lanes where
required
Collector Streets
80 80 12'
Subdivision Collector
Roads 60 60 12'
Local, Minor or Res
idential Streets 60 60 10'*/11'**
(with swale drainage)
Local, Minor or Res-
idential (closed 50 10'*/11'**
drainage, curb and
gutter)
Marginal access roads
40 40 111/12'***
* Single-family subdivision roadway or residential site
plan with less than 1500 ADT.
** Where in conjunction with commercial site plan project
*** When in conjunction with heavy commercial or industrial
development
All land area requested by the county for street or road
right-of-way and dedicated by donation to the county, and
accepted by the county, after January 1, 1984, may be
included in acreage calculations for purposes of density
determination when the parcel from which the land area
Coding: Words in . . -. 11 type are deletions from existing law.
Words underlined are additions.
was dedicated is proposed for development. While the
land area dedicated to the county may be used for density
calculation, this area may not be used to satisfy setback
requirements, site coverage requirements, open space
requirements or any other specific land use regulation.
13. Parking Lot Tire Stop Requirements. Sections 954.07(4) and
(5) are hereby amended to read as follows:
(4) General Parking Lot Design Criteria
(a) All required parking spaces, dumpster spaces,
loading areas, and other vehicular areas shall be
identified and marked in conformance with the
standards of the Manual of Uniform Traffic Control
Devices (MUTCD) and the Federal Highway
Administration (FHWA)-guidelines. For fully sodded
or stabilized parking areas that are not paved, the
public works director shall require applicable
marking and signing standards.
(b) Parking areas shall have no driveway aisle(s) which
dead ends without a backing apron which has a
minimum depth of five (5) feet.
(c) Pedestrian movement: Separation of vehicular and
pedestrian traffic. Parking and loading areas, as
well as driveways and other vehicular circulation
areas, shall be clearly identified and separated
from principal pedestrian routes along buildings
and at pedestrian crossings through the use of
curbs, pavement markings, planting areas, fences or
similar features designed to promote pedestrian
safety.
Coding: Words in glIZESLI • type are deletions from existing law.
Words underlined are additions.
(d) All parking areas shall be designed in conjunction
with the interior circulation pattern to promote
orderly flow of all traffic without encroachment of
vehicles into pedestrian areas, landscape areas, or
traffic circulation areas. This shall be
accomplished by use of any one or combination, of
the following methods: mountable, or non -mountable
curbing, landscape islands, tire stops of concrete,
recycled materials sold for the purpose of use as
tire stops, other barriers of metal, or permanent
materials approved by the public works director
for the intended use.
The following regulations shall apply to the design
of parking areas and specific parking spaces:
1. Vehicles shall not encroach upon landscape or
pedestrian areas. Such areas shall be protected by
curbing, tire stops, or the equivalent. Designs
may be approved that allow for up to 3 feet of
vehicle overhang_ into landscape areas if such
overhang would not interfere with landscaping.
Vehicle overhang into pedestrian areas may be
allowed if such overhang allows for a clear
pedestrian path width of at least 4 feet.
2. Vehicles shall not abut, or "head into" one
another in any fashion other than bumper to bumper,
unless tire stops or the equivalent are provided.
In such cases where bumper to bumper parking is
arranged, tire stops are not required.
3. The site plan parking area and traffic
circulation design shall provide circulation drives
as needed, which shall be protected from
encroachment by or conflict with parked vehicles to
provide necessary and orderly traffic flow. To
accomplish this, the parking and circulation plan
may include various design features, including:
curbing, tire stops or the equivalent, special
pavement markings, signage, periodic placement of
barriers, increased protected landscape islands,
and other improvements.
4. Grassed Spaces* Where fully sodded spaces are
approved, the applicant may use concrete, railroad
ties, or other equivalent material as approved by
the Public Works Director.
Coding: Words in • •LROCIM• type are deletions from existing law.
Words underlined are additions.
(5) Entries, exits, driveways and maneuvering areas.
(a) Except for single-family residential dwellings and
two -unit (duplex) projects, all parking access
shall be designed so as to prevent the need to back
directly onto a local public road right-of-way.
(b) No use will be permitted to have parking spaces
which require vehicles to back directly onto a
collector or arterial roadway as designated on the
County Thoroughfare Plan, unless otherwise exempted
under 954.07.
(c) All uses which are required to provide three or
more off-street parking spaces shall have entry and
exitway driving aisles in accordance with Section
954.07(1). Traffic direction markers shall be
installed at all intersections as designated by the
ublic works director or his designee
mi a • Drives and maneuvering areas shall
provide proper turning radii to permit convenient
maneuvering of cars and service vehicles into and
out of each parking lot area, parking space and
loading space. No parking or loading space shall
interfere with access to any other parking or
loading space, or with any pedestrian walkway.
(d) Access points to public or private streets shall be
kept to a minimum. The width of any undivided
driveway shall not be in excess of twenty-four (24)
feet, unless said requirement is waived by the
County ublic works director or his designee
41gOONIM and the County Community
Development Director.
1. The distance to any street intersection shall
be no less than thirty (30) feet (from the
edge of the right-of-way to the edge of the
driveway apron pavement), unless said
requirements are waived by the County up blic
works director or his designee 0
MMIRRM and the County Community Development
Director.
14. Classification Standards...for_.Driveways.and Minimum. Distances
for Rights -of -Way. Section 952.12(8) is hereby amended to
read as follows:
(8) Types of Driveways
a. Each driveway shall be classified as one of the
following types and regulated . • • • according
to the table below. The following definitions shall
control in applying the table and additional
regulations contained in the subsection that
follows.
1. Minor driveways.0 a
provide service for
traffic volume of
minor driveway shall
maximum average daily
Coding: Words in . . -• of type are deletions from existing law.
Words underlined are additions.
2
3
Intermediate driveways:_ An intermediate
driveway shall provide for 11 ROME= an
Major driveways:
provide for
volume of W
A major
driveway
Distance
shall
Right
-of
-Way
Line
to
Centerline
Project Driveway/Access
Road Types:
Minor/Local
Minor/Collector
Minor/Arterial
Intermediate/Local
Intermediate/Collector
Intermediate/Arterial
Major/Local
Major/Collector
Maior/Arterial
Required
Distance
from
Right
-of
-Way
Line
to
Centerline
of
Interior
Drives
or Nearest
Edge of
Parking
Space
Accessing
Drive.Directly:_
Locate
outside
of
required
buffer
Locate
outside
of
required
25
Feet
buffer
Coding: Words in • • -. 11 type are deletions from existing law.
Words underlined are additions.
1. Minor driveways shall provide minimum single -
lane widths of 12 feet and provide minimum
vehicle radii of 30 feet.
2. Intermediate driveways shall provide minimum
ingress lanes 14 feet wide and egress lanes 12
feet wide, and shall provide minimum vehicle
turning radii of 35 feet.
3. Major driveways shall provide minimum ingress
lanes fourteen (14) feet wide and egress lanes
twelve (12) feet wide, and shall provide
minimum vehicle turning radii of forty (40)
feet.
4. For driveways that provide service for one
hundred (100) or more peak hour departures and
that access onto a collector or arterial
route, and where left and right turn egress is
allowed, dual egress lanes shall be provided
with a minimum four -foot separation from the
ingress lane.
-Approval
b. The following
15. Staff -Level
of Certain Administrative
additional
regulations.shall
apply:
1. Minor driveways shall provide minimum single -
lane widths of 12 feet and provide minimum
vehicle radii of 30 feet.
2. Intermediate driveways shall provide minimum
ingress lanes 14 feet wide and egress lanes 12
feet wide, and shall provide minimum vehicle
turning radii of 35 feet.
3. Major driveways shall provide minimum ingress
lanes fourteen (14) feet wide and egress lanes
twelve (12) feet wide, and shall provide
minimum vehicle turning radii of forty (40)
feet.
4. For driveways that provide service for one
hundred (100) or more peak hour departures and
that access onto a collector or arterial
route, and where left and right turn egress is
allowed, dual egress lanes shall be provided
with a minimum four -foot separation from the
ingress lane.
-Approval
15. Staff -Level
of Certain Administrative
Permits.
A. Section 971.04 is hereby amended to read as follows:
Section 971.04. Review of uses requiring an
administrative permit.
Administrative permit uses requiring Planning and
Zoning Commission approval.
=(a) Purpose and intent. This section is established
to provide for the approval of administrative permits by
the planning and zoning commission. Administrative
permit approval is required for certain activities which,
because of their scale, duration or nature, would not
generally have an adverse impact on their surroundings
when regulated in accord with the standards set in this
chapter. Unless otherwise specified in Sections 971.07-
971.45 for particular uses, administrative permit
requests shall_.be reviewed for.approval.by..the Planning
and Zonino Commission.
[�(b) Establishment of uses requiring administrative
permits. The district regulations of Chapter 911,
Zoning, specify those uses which require an
administrative permit. Such uses shall be permitted only
after being approved pursuant to the procedures
established in this section and only after satisfying the
specific use criteria established in this chapter.
[c](c) Authorization. The planning and zoning
commission is hereby authorized to decide all
applications for administrative permits, as set forth in
these provisions, subsequent to a recommendation by the
community development director.
d Conditions and safeguards. The planning and
zoning commission may attach to its approval of an
administrative permit any reasonable conditions,
limitations or requirements which are found necessary in
its judgement to effectuate the purposes of this section
and carry out the spirit and purpose of the chapter.
Coding: Words in • • -• • type are deletions from existing law.
Words underlined are additions.
[�(e) Procedures for review of uses requiring
administrative permits. Uses requiring an administrative
permit shall be reviewed by the planning and zoning
commission, pursuant to the procedures and notice
requirements established in Chapter 914, Site Plans.
MM Standards. No administrative permit shall be
approved by the planning and zoning commission unless.
Specific requirements. The proposal is
in compliance with all applicable
specific land use regulations of Chapter
971 and all other applicable regulations.
• 2. Comprehensive Plan. The proposal is
determined by to be consistent with the
Indian River County Comprehensive Plan.
[�(g) Status of decisions. Actions taken by the
planning and zoning commission regarding administrative
permits shall be deemed final unless appealed to the
board of county commissioners, pursuant to the site plan
appeal procedures of Chapter •� 914.
As indicated in sections 971.07-971.45, certain
specific administrative permit uses shall be
reviewed and approved at a staff level. Such uses
may be approved by the community development
director or his designee when accompanied by an
administrative approval site plan request. When
accompanied by a request reviewed as a minor site
plan, such uses may be approved by the Technical
Review Committee. Staff shall apply conditions and
safeguards and standards as stated in section
971.04(1), above. Actions taken by staff shall be
final unless appealed, pursuant to the site plan
appeal procedures set forth in Chapter 914.
Be Section 902.05(10)is hereby amended to read as follows.
(10) The planning and zoning commission shall consider
whether proposed administrative permit uses requiring
. • •- planning and ..zoning ...commission
review and approval conform to the specific use
requirements and make decisions related thereto.
C. Section 902.10(3)(b) is hereby amended to read as
follows:
(b) The technical review committee shall approve,
approve with conditions, disapprove or postpone
consideration of minor site plans '(as defined
herein) and certain administrative permit uses
allowed to be reviewed and approved by the
committee. Actions by the technical review
committee regarding minor site plans and
administrative permit uses shall be final unless a
written appeal to the planning and zoning
commission is filed by the applicant within ten
(10) working days.
D. Section 902.11(1) is hereby amended to read as follows:
(1) The community development director approves all
administrative approval applications, and certain
Coding: Words in • • -• • type are deletions from existing law.
Words underlined are additions.
Administrative
Permit Uses Approved
at Staff Level.
As indicated in sections 971.07-971.45, certain
specific administrative permit uses shall be
reviewed and approved at a staff level. Such uses
may be approved by the community development
director or his designee when accompanied by an
administrative approval site plan request. When
accompanied by a request reviewed as a minor site
plan, such uses may be approved by the Technical
Review Committee. Staff shall apply conditions and
safeguards and standards as stated in section
971.04(1), above. Actions taken by staff shall be
final unless appealed, pursuant to the site plan
appeal procedures set forth in Chapter 914.
Be Section 902.05(10)is hereby amended to read as follows.
(10) The planning and zoning commission shall consider
whether proposed administrative permit uses requiring
. • •- planning and ..zoning ...commission
review and approval conform to the specific use
requirements and make decisions related thereto.
C. Section 902.10(3)(b) is hereby amended to read as
follows:
(b) The technical review committee shall approve,
approve with conditions, disapprove or postpone
consideration of minor site plans '(as defined
herein) and certain administrative permit uses
allowed to be reviewed and approved by the
committee. Actions by the technical review
committee regarding minor site plans and
administrative permit uses shall be final unless a
written appeal to the planning and zoning
commission is filed by the applicant within ten
(10) working days.
D. Section 902.11(1) is hereby amended to read as follows:
(1) The community development director approves all
administrative approval applications, and certain
Coding: Words in • • -• • type are deletions from existing law.
Words underlined are additions.
administrative permit uses allowed to be reviewed and
approved by the community development director or his
designee, and may require technical review committee
review of administrative approval applications.
Co Section 971.08(11) is hereby amended to read as follows:
(11) Specialty farms (administrative permit no
Planning and Zoning Commission review or approval
required if associated with a site plan reviewed as
an administrative approval or minor site plan).
(a) Districts requiring administrative permit
approval, (pursuant to the provisions of
971.04): A-11 A-21 A-3.
(b) Criteria for specialty farms:
1. A site plan showing the location and
nature of all structures and fenced areas
containing any animals, and all other
information requirements of Chapter 914,
2. The minimum lot area for such uses shall
be five (5) acres;
3. No structure or fenced area containing
any animals being raised, bred, or kept
in connection with such use shall be
closer than seventy-five (75) feet to any
property line, unless such structures are
sound -proofed.
D. Section 971.08(12) is hereby amended to read as follows:
(12) Stables, noncommercial (administrative permit
specialexceptions). no Planning and Zoning Commission
review or approval required if associated with a site
plan reviewed as an administrative approval or minor site
plan)..
(a) Districts requiring administrative permit
approval, (pursuant to the provisions of
971.04): Con -3, Con -2, RFD, RS -11 RS -21 RS -31
RS76, RT -61 RM -31 RM-41.RM-61 RM78,.,.RM-.10.
(b) Additional information requirements: The
applicant shall submit a site plan which shall
show the location of all existing and proposed
structures and the location of any fences, and
all other information required in Chapter 914.
(c) Criteria for noncommercial stables:
1. Noncommercial stables shall be allowed in
nonagricultural districts only as an
accessory use,
2. Such uses shall be located on lots having
an area no less than two (2) acres;
3. The number of horses shall not exceed one
per acre;
4. Enclosed structures, such as barns, shall
have a minimum setback of fifty (50) feet
from any property lines;
Coding: Words in • • -• • type are deletions from existing law.
Words underlined are additions.
5. The applicant shall provide a fence which
has a minimum height of four (4) feet and
totally encloses the property to be used
in association with the stable.
Section 971.41(1) is hereby amended to read as follows:
(1) Accessory housing for nightwatchmen.
(Administrative permit and special -exception) . no
Planning and Zoning Commission review or approval
required if associated with a site plan reviewed as an
administrative approval or minor site plan; and special
exception).
(a) Districts requiring administrative permit
approval, (pursuant to the provisions of
971.04): A-11 A-2, A-3, CH, IL, IG.
(b) Districts requiring special exception
approval, (pursuant to the provisions of
971.05): Con -1.
1. A written statement specifically
describing the nature of the facilities
for which security is needed and the
length of time the quarters will be
needed;
2. A site plan in accordance with Chapter
914;
3. A list of the time during which the
quarters will be used and the number of
persons occupying them.
(d) Criteria for accessory housing for
nightwatchmen:
1. Such housing shall be used exclusively by
person(s) employed for the purpose of
ensuring the security of the premises
during the evening and/or nonbusiness
,.hours;
2. These quarters shall only be inhabited by
employees during their respective shift
hours and at no time shall be used as a
principal dwelling,
3. Such quarters shall be provided with
potable water and sanitary sewer
facilities and may contain kitchen
facilities;
4. Such quarters shall
to accommodate the
persons who may use
any one shift;
only be large enough
maximum number of
the quarters during
Section 971.41(4) is hereby amended to read as follows:
(4) Guest cottages and servant quarters (administrative
permit and special exception)no Planning and Zoning
Commission review or approval required if associated with
Coding: Words in • • -• 09 type are deletions from existing law.
Words underlined are additions.
information
(c) Additional
requirements:
1. A written statement specifically
describing the nature of the facilities
for which security is needed and the
length of time the quarters will be
needed;
2. A site plan in accordance with Chapter
914;
3. A list of the time during which the
quarters will be used and the number of
persons occupying them.
(d) Criteria for accessory housing for
nightwatchmen:
1. Such housing shall be used exclusively by
person(s) employed for the purpose of
ensuring the security of the premises
during the evening and/or nonbusiness
,.hours;
2. These quarters shall only be inhabited by
employees during their respective shift
hours and at no time shall be used as a
principal dwelling,
3. Such quarters shall be provided with
potable water and sanitary sewer
facilities and may contain kitchen
facilities;
4. Such quarters shall
to accommodate the
persons who may use
any one shift;
only be large enough
maximum number of
the quarters during
Section 971.41(4) is hereby amended to read as follows:
(4) Guest cottages and servant quarters (administrative
permit and special exception)no Planning and Zoning
Commission review or approval required if associated with
Coding: Words in • • -• 09 type are deletions from existing law.
Words underlined are additions.
a site
plan
reviewed as an administrative
approval or
minor
site plan).
requirements:
(a) Districts requiring administrative permit
approval, (pursuant to the provisions of
971.04): A-1, A-21 A-31 RFD, RS -11 RS -21 RS -
31 RS -6, RT -61 RM -31 RM -41 RM -61 RM -81 RM -101
Con -2, Con -3.
(b) Additional information requirements. A floor
plan showing the dimensions of all rooms and
the location of all facilities.
(c) Criteria for guest cottages and servant
quarters.
1. Structures shall be an accessory
structure or portion of a principal
single-family dwelling;
2. Structures- shall not be located closer
than fifteen (15) feet to the principal
dwelling on the lot when detached from
the principal dwelling;
3. No guest cottage may be utilized for
commercial or rental purposes,
4. The guest cottage shall be used for the
intermittent or temporary occupancy by a
nonpaying guest. The servant quarters
shall be for the occupancy of servants
(and spouses, parents and children)
working on-site,
5. A legal document must be filed in public
records which states the limitations of
the use on-site.
G. Section 971.41(5) is hereby amended to read as follows:
(5) Mobile homes in agricultural areas (administrative
permit no Planning and Zoning Commission review or
approval required if associated with a site plan reviewed
as an administrative approval or.minor site plan).
(a) Districts requiring administrative permit
approval, (pursuant to the provisions of
971.04): A-1, A-2, A-3, Smo
1. Proof that the land upon which the mobile
home shall be located is classified as
agricultural for purposes of ad valorem
tax assessment;
2. A site plan showing the location of all
principal and accessory structures and
all other information required in Chapter
914.
(c) Criteria for mobile homes:
1. The mobile home shall be used by the
owner or worker in active agricultural
operations,
Coding: Words in LIZ • -• • type are deletions from existing law.
Words underlined are additions.
(b) Additional
information
requirements:
1. Proof that the land upon which the mobile
home shall be located is classified as
agricultural for purposes of ad valorem
tax assessment;
2. A site plan showing the location of all
principal and accessory structures and
all other information required in Chapter
914.
(c) Criteria for mobile homes:
1. The mobile home shall be used by the
owner or worker in active agricultural
operations,
Coding: Words in LIZ • -• • type are deletions from existing law.
Words underlined are additions.
2. The reviewing body shall deem the mobile
home necessary for the agricultural use
of the land;
3. The mobile home shall be placed on at
least five (5) acres of land;
4. The reviewing body shall determine that
the mobile home is an accessory use to an
active agricultural operation on property
under the same ownership as the parcel
upon which the mobile home will be
located,
5. Such use shall be accessory to productive
agricultural operations, having a minimum
of forty (40) acres.
H. Section 971.41(6) is hereby amended to read as follows:
(6)
Multiple
-family dwellings
in commercial
areas
Planning
and
Zoning
(administrative
permit
no
Commission
review
or approval
required if associated
with
a site
plan reviewed
as
an administrative approval
or
minor
site
plan).
(a) Districts requiring administrative permit
approval, (pursuant to the provisions of
971.04): MED, CN, CL, CG.
(b) Additional information requirements: A site
plan meeting the requirements of Chapter 914
which shows the location and specification of
all hospital emergency entrances or exits
within five hundred (500) feet of the site.
(c) Criteria for multiple -family dwelling within a
MED district:
1. All proposed developments shall be
subject to the size and dimension
criteria for multifamily dwelling within
the RM -8 district,
2. No residential... site shall be located
within five hundred (500) feet of a
hospital complex, emergency entrance or
exit.
(d) Criteria for multiple -family dwellings with a
CN, CL, or CG district.
1. All dwelling units shall be accessory to
a permitted use within the applicable
zoning district,
2. In cases where a single-family unit is
being used in conjunction with a
business, the total area of the residence
may exceed the total area of the
business. No dwelling unit shall have
street frontage on the ground floor.
Coding: Words in . . -. . type are deletions from existing law.
Words underlined are additions.
I. Section 971.41(7) is hereby amended to read as follows:
(7) Single-family docks constructed prior to the
construction of a principal sin le -family dwelling unit
(administrative permit and special exception). no
Planning and Zoning Commission review or approval
required if associated with a site plan reviewed as an
administrative approval or minor site plan).
(a) The construction of a single-family dock on a
lot prior to the construction of a principal
single-family dwelling unit on -the same lot
shall be permitted for the purpose of
providing waterfront property owners vested
riparian rights for access to the adjacent
waterbody.
The aforementioned dock, however, shall
continue to be construed as an accessory
structure and its use prior to the issuance of
a certificate of occupancy for the principal
structure shall not be considered consistent
with the appropriate zoning district
regulations.
(b) Districts requiring administrative permit
approval, (pursuant to the provisions of
971.04): A-1, A-2, A-3, RFD, RS -1, RS -2, RS -
31 RS -61 RT -61 RM -31 RM -41 RM -61 RM -81 RM -10.
(c) Districts requiring special exception
approval, (pursuant to the provisions of
971.05): Con -2, Con -3.
(d) Additional information requirements:
1. A site plan showing the dimensions,
elevations and location of the dock
structure;
2. All applicable local, state, and federal
permits and/or leases or consent of use
agreements shall be submitted to the
planning division prior to release of the
__.dock site plan.
(e) Criteria for single-family docks constructed
prior to the construction of a principal
single-family unit.
1. The owner shall submit and record in the
public records of Indian River County an
agreement that the dock will not be used
until such time as a certificate of
occupancy for the principal single-family
unit is issued by the county;
2. To secure the agreement, the owner shall
post with the county a one -thousand five
hundred dollar ($1,500.00) cash escrow
deposit which may be utilized by the
county for removing the dock upon the
determination by the code enforcement
board that the dock has been used with
the owner's knowledge. Said escrow funds
shall be released to the owner providing.
Coding: Words in LVjMlLrjWVj • type are deletions from existing law.
Words underlined are additions.
a. The dock is removed within thirty
(30) days by the owner to the
satisfaction of the county; and
b. The owner has received certificate
of occupancy on the principal
structure;
3. Upon determination by the code
enforcement board that a violation has
occurred, the board shall order the owner
to remove the dock and shall prohibit the
building of a structure riparian to the
land in question for a period of not less
than two (2) nor more than five (5)
years. The order of the board shall be
recorded in the public records of Indian
River County,
4. The dock shall be constructed on pilings
so as not to involve filling or dredging
other than necessary to install the
pilings,
5. The dock shall not substantially impede
the flow of water or create a
navigational hazard.
J. Section 971.21(3) is hereby amended to read as follows:
(3) Carry -out restaurants, excluding curb service,
drive-in, drive-through and similar type establishments
(administrative permit): no Planning and Zoning
Commission review or approval required if associated with
a site plan reviewed as an administrative approval or
minor site plan.
(a) Districts requiring administrative permit
approval, (pursuant to the provisions of
971.04): MED, OCR.
The intended purpose for allowing the use is
for convenience to serve persons living and
working within the MED district, or living and
working in or near the OCR district.
1. The location and designation for all
thoroughfares providing direct and
indirect access to the site;
2. The location of all hospital emergency
entrances or exits within five hundred
(500) feet of the site.
(c) Criteria for carry -out restaurants and
restaurants, excluding curb service, drive-in,
drive-through and similar type establishments:
1. No site shall be located within five
(500) feet of a hospital emergency
entrance or exit,
2. No site shall be located adjacent to an
arterial roadway, as designated on the
Indian River County thoroughfare plan;
Coding: Words in • • -• • type are deletions from existing law.
Words underlined are additions.
information
(b) Additional
requirements:
1. The location and designation for all
thoroughfares providing direct and
indirect access to the site;
2. The location of all hospital emergency
entrances or exits within five hundred
(500) feet of the site.
(c) Criteria for carry -out restaurants and
restaurants, excluding curb service, drive-in,
drive-through and similar type establishments:
1. No site shall be located within five
(500) feet of a hospital emergency
entrance or exit,
2. No site shall be located adjacent to an
arterial roadway, as designated on the
Indian River County thoroughfare plan;
Coding: Words in • • -• • type are deletions from existing law.
Words underlined are additions.
3. No establishment shall have direct access
onto an arterial roadway.
16. Accessory Storage Structures Restrictions and Prohibitions.
A. Section 911.15(2)(k) is hereby amended to read as
follows:
(k) Utility buildings. Utility buildings or sheds of
one hundred (100) square feet or less may be
located within a required side or rear yard,
provided a minimum of five (5) feet is maintained
from the side or rear property line and clear of
all.easements. Only one such utility building or
shed may be allowed to encroach into a required
yard on a single lot or parcel of land. A utility
building or shed (100 square feet or less) that is
to be located to within 5 feet of a side or rear
property line shall be located no closer than 10
feet to the principal structure and shall not
exceed the height of the principal structure.
[Refer to Chapter 917 regulations for accessory
storage buildings.]
B. Section 917.06(13) is hereby created, to read as follows:
(13) Accessory storage structures. No mobile home,
travel trailer, motorized vehicle, vehicle body, or
any portion thereof, shall be used as or converted
to be used as an accessory storage building or
shed. Any structure to be used as an accessory
storage building or shed shall be designed for such
use and shall meet building code requirements for
such use.
17. Buffers Between Certain Institutional Uses.
A. Section 971.28(5)(d)4 [places of worship] is hereby
amended to read as follows:
4. A Type "C" RomorMess• buffer shall be provided along
all property boundaries where the facility is
located adjacent to a single-family residentially
609FLe7M -• zoned property. A Type "D" - •
buffer shall be provided along all property
boundaries when the facility -is.. -located -adjacent to
a multiple -family residentially •- • -• zoned
property or agriculturally zoned property having a
residential land use designation.
a. The Board of County Commissioners may waive or
reduce the buffer requirements where the place
of worship is located next to' an existing
cemetery, place of worship, child care
facility, adult care facility, community
center, or school. Consideration shall be
given to security, noise, and visual impacts.
Where a waiver or buffer reduction is granted,
normal perimeter landscaping requirements_
shall apply, and alternative requirements
(such as fencing) may be required.
B. Section 971.14(1)(d)3.a [community centers] is hereby
amended to read as follows:
3. Type "B" -- • buffer, as defined in Chapter
926, must be provided along all property boundaries
when the facility is located within or adjacent to
a residential use or residentially zoned area.
Coding: Words in LqZS1L1SL9 . type are deletions from existing law.
Words underlined are additions.
a. The Board of County Commissioners may waive or
reduce the buffer requirements where the
community center is located next to an
existing cemetery, place of worship, child
care facility, adult care facility, community
center, or school. Consideration shall be
given to security, noise, and visual impacts.
Where a waiver or buffer reduction is granted,
normal perimeter landscaping requirements
shall apply, and alternative requirements
(such as fencing) may be required.
C. Section 971.14(4)(d)6.a. schools /educational centers] is
hereby amended to read as follows.
6. Facilities shall have a Type "C" buffer in the A-1,
A-2, A-2, RFD, RS -11 RS -21 RS -3, and RS -6
districts.
a. The Board of County Commissioners may waive or
reduce the buffer requirements where the
educational facility is located next to an
existing cemetery, place of worship, child
care facility, adult care facility, community
center, or school. Consideration shall be
given to security, noise, and visual impacts.
Where a waiver or buffer reduction is granted,
normal perimeter landscaping requirements
shall apply, and alternative requirements
(such as fencing) may be required.
D. Section 971.14(4)(d)7.a. [schools/educational centers] is
hereby amended to read as follows:
7. The facilities shall have a Type "D" buffer in all
other residential districts not listed in
subsection 6 above.
a. The Board of County Commissioners may waive or
reduce the buffer requirements where the
educational facility is located next to an
existing cemetery, place_ of worship, child
care facility, adult care facility, community
center, --or school. -Consideration---shall be
given to security, noise, and visual impacts.
Where a waiver or buffer reduction is granted,
normal perimeter landscaping requirements
shall apply, and alternative requirements
(such as fencing) may be required.
E. Section 971.28(8)(b)2.a. [cemeteries] is hereby amended
to read as follows:
2. A type "C" buffer shall be provided along all
property boundaries where burial sites are located
adjacent to any residentially designated property.
A type "D" FUMMEMM . buffer shall be provided along
all other property boundaries not residentially
designated.
a. The Board of County Commissioners may waive or
reduce the buffer requirements where the
cemetery is located next to an existing
cemetery, place of worship, child care
facility, adult care facility, community
center. or school. Consideration shall be
Coding: Words in • •Lr-• • type are deletions from existing law.
Words underlined are additions.
given to security, noise, and visual impacts.
Where a waiver or buffer reduction is granted,
normal perimeter landscaping requirements
shall apply, and alternative requirements
(such as fencing) may be required.
18. Administrative Permit Appeal Procedures.
Section 971.04(7) is hereby amended to read as follows:
(7) Status of decisions. Actions taken by the planning and
zoning commission regarding administrative permits shall be
deemed final unless appealed to the board of county
commissioners, pursuant to the 'procedure of .• - •0site
plan appeal procedures set forth in Chapter 914.
19, Final Plat Survey Requirements. Section 913.07(6)(D)(10) is
hereby amended to read as follows:
10. a. The initial point in the description shall be
accurately tied to the nearest section corneror
government •t corner government corner, and a
second point shall be tied to a second government
corner. EmigA certified corner record must be
submitted to the County Surveyor and to the
department of natural resourcesDepartment of
Environmental Protection for each such corner, in
accordance with Florida Statutes Section 177, Part
III.
b. Ties to at least 2 Indian River County Horizontal
Control Network (IRCHCN) monuments shall be
provided if any portion of the site to be platted
is within 1 mile of 1 such monument. This
requirement shall not apply to areas covered by a
valid, preliminary plat approved prior to June 1,
1995. Where such ties are required, state plane
coordinates shall be shown on the Certified Corner
Records. This requirement to tie into the IRCHCN
may be waived by the County Surveyor for subunits
or replats of plats that have already been tied_
into the IRCHCN.
c. Ties to government corners and to IRCHCN monuments
shall conform to FGCC .Third.•Order ClassI standards
and shall be so certified on the face of the plat
under the Certificate of Surveyor.
20. Limitations on Opaque Buffer Feature Materials.
A. Section 901.03, definition of "Buffer, opaque feature" is
hereby amended to read as follows.
Buffer, opaque feature. an additional screening
requirement pertaining to landscape buffers, to provide
a visual screen between adjacent land uses. An opaque
buffer feature is intended to completely exclude all
visual contact between uses, to a specified height (six
(6) feet or three (3) feet). The opaque feature is
applied in conjunction with a particular buffer type,
said buffer type consisting of canopy/shade trees,
understory and groundcover (reference Chapter 926,
Landscape and Buffer Ordinance). The opaque feature may
be composed of a wall, solid and/or slatted fence
landscaped earth berm, planted vegetation, or existing
vegetation, or any combination thereof which maintains a
completely opaque screen of a specified height. The
Coding: Words in 112•LgEES • type are deletions from existing law.
Words underlined are additions.
14
opaque feature must be opaque
in all
seasons of the
yearL
(3) Conditions
fabric
mining
permit.
and shall not consist of
screening
material.
not exceed twenty (20)
Section 954.10(6)c is hereby amended to read as follows:
c. A type "D" buffer with six (6) foot (or greater)
opaque feature shall .be provided on the storage lot
site where the site abuts a collector or arterial
roadway, or a local roadway where property opposite
the storage lot site is not zoned CH, IL, or IG.
Along a local roadway where property opposite the
storage lot site is zoned CH, IL, or IG, a type "D"
buffer with three (3) foot (or greater) opaque
feature shall be provided.
21. Restrictions on Certain Mining Activities. Section 934.07(3)
is hereby amended to read as follows:
(a) The
maximum
project
(3) Conditions
of the mining
mining
permit.
activities
(a) The
maximum
project
-site development phase for
mining
activities
shall
not exceed twenty (20)
acres
per phase.
(b) No mining excavation shall occur within one hundred
fifty (150) feet of a projected right-of-way line
of any existing or proposed public road right-of-
way nor within one hundred fifty (150) feet of the
outer perimeter of the project property. Where a
mining operation consists only of the removal of a
mound and does not consist of lowering the
elevation of ground below the neighboring property,
an exception of the one hundred fifty (150) feet
setback may be permitted at the time of site plan
approval. In addition, the applicant shall satisfy
the following:
1. A 300' setback from adjacent occupied
structures (structures existing as of the date
of site plan application for the mining
project) to mining pits, on-site haul roads,
and material stockpile areas.
(c) Any mining activity that results in the creation or
expansion of a waterbody greater than one-quarter
(4) acre in size shall be subject to the provisions
of section 934.05, water management standards, of
this chapter. Projects creating waterbodies must
also provide a safety/security plan for the mining
operation phase, including, but not limited to,
fences, access, control, and other security
methods.
(d) If the project site is of a size that falls below
St. Johns River Water Management District
permitting thresholds and is located (in whole or
part) on the Atlantic coastal sand ridge, no
excavation governed by a mining permit shall result
in an average elevation of less than twenty-five
(25) feet mean sea level (MSL) for that portion of
the project site located on the sand ridge. Mining
project sites that are large enough to fall within
St. Johns River Water Management District (SJRWMD)
permitting requirements shall conform to SJRWMD
permitting requirements concerning depth of mining
Coding: Words in LVjNaggLe • type are deletions from existing law.
Words underlined are additions.
and all
other applicable SJRWMD
permitting
shall ensure that
measures are taken
to control
requirements.
(e) If the project site is adjacent to a residentially
zoned area, the perimeter of the site abutting such
an area shall include a fifty -foot wide bufferyard
and a type "A" buffer along said site boundary.
(f) No crusher, mixing plant, bin, tank, or structure
directly involved in the production process shall
be located less than six hundred (600) feet from
any adjacent residentially zoned property, and two
hundred fifty (250)feet from all other adjacent
non -residentially zoned property.
(g) Hard rock mining
activities
shall ensure that
measures are taken
to control
dust.
(h) The Indian River County Planning and Zoning
Commission shall, upon approval of the mining site
plan, order issuance of an operating permit to the
owner of the land under his signature, and such
permit shall be issued within ten (10) days after
the determination of compliance by the commission.
(i) Provisions for continuing operation. Nothing
herein shall be construed as a requirement that an
operator of an existing sand mine shall cease
operations until a mining site plan has been
approved, providing a mining site plan has been
previously approved and maintained.
(j) The planning and zoning commission shall approve a
reasonable timetable for the completion of all
mining activities, including restoration.
22. Political Sign Regulations.
Section 956.15(1) is hereby amended to read as follows:
Political signs. No political sign shall be displayed in
the unincorporated area of Indian River County unless a
county sign permit has been obtained subject to the
provisions of this section. A single overall sign permit
(a) Timing of placement.` Political signs may be
displayed no more than thirty (30) days prior to
the -election in which the candidate's name or the
issue will appear. Any unopposed candidate in the
first primary who will face opposition in the
following general election may erect temporary
political signs thirty (30) days prior to the first
primary, notwithstanding the fact that the
candidate's name will not appear on the first
primary ballot.
(b) Timing of removal. All political signs shall be
removed from the premises where they were placed by
the candidate, his agent, or the occupant within
five (5) days after the election in which the
candidate is eliminated or elected or after the
resolution of the respective issues by referendum.
Coding: Words in. . -. . type are deletions from existing law.
Words underlined are additions.
(c) Removal bond required. Prior to the placement of a
political sign, or signs, a bond of two hundred
fifty dollars ($250.00) or two hundred fifty
dollars ($250.00) in cash shall be posted with the
community development department. For each
violation discovered, $25.00 of the bond amount
shall be forfeited to the county up to the total
Bond amount ($250.00). For each violation
discovered, county code enforcement staff shall
record the date, time, location and candidate or
campaign involved. The security may be forfeited
in whole or in part to the county for any the
following reasons:
1. Failure to remove all signs within the
applicable five (5) day period for removal,
2. The placement of signs upon any tree, utility
pole, or similar object;
3. The placement of any sign without permission
of the owner of the property upon which the
sign is placed;
Placement of a sign in a public or private
road right-of-way. For purposes of this
regulation, the road right-of-way line shall
be deemed to be the edge of sidewalks or
utility poles furthest from the road. Where
no such structure(s) are present, the right-
of-way line shall be deemed to be 20' back
from the near edge of roadway pavement or, if
unpaved, the near edge of unpaved roadbed
surface.
The illegal placement of any political sign
advertising a particular candidate shall be prima
facie evidence that the candidate placed or
authorized the placement of said sign.
(d) Procedure for waiver of removal bond. Any
candidate may apply for a hearing before the board
of county commissioners to show cause why he or she
is unable to post a bond as required in this
section. Upon a showing of good cause, the board
of county commissioners may waive the bond
requirement. However, any candidate who obtains a
waiver of the bond requirement shall not be
relieved of the removal requirements herein and
shall be responsible to the county for the cost of
the county's removing any signs placed in violation
of this section.
(e) Zoning districts permitted. Political signs are
permitted in all zoning districts subject to the
rules set forth below.
Coding: Words in . • -• • type are deletions from existing law.
Words underlined -are additions.
(f) Political signs in residential districts.
Political signs in residential districts, as
defined in Chapter 901, Definitions, are allowed
subject to the following provisions:
1. One sign not exceeding sixteen (16) square
feet per lot or parcel of land;
2. Signs shall not be illuminated and shall be
freestanding;
3. Signs shall be located wholly on the private
property and shall be placed at least five (5)
feet from all rights-of-way and fifteen. (15)
fee from all other property lines, and shall
not exceed five (5) feet in height.
(g) Political signs in nonresidential districts.
Political signs in all nonresidential zoning
districts are allowed subject to the following
provisions:
1. One sign per candidate or issue is allowed and
not more than two (2) signs per premises are
allowed. The allowable signage shall not
exceed (16) square feet. These signs shall be
separated by a minimum distance of fifteen
(15) feet;
2. Signs shall not be illuminated;
3. Signs shall be located wholly on the private
property and shall be placed at least five (5)
feet from any right-of-way and fifteen (15)
feet from all other property lines and shall
not exceed ten (10) feet in height.
(h) Reimbursement for removal expense. Upon issuance
of a permit, the permittee shall agree to reimburse
the county for any and all expenses of removal
incurred by the county over and above any
applicable bond or cash deposit coverage.
(i) Violations. Any violations of the provisions of
this chapter shall be subjec-t---to punishment -by a
fine not to exceed five hundred dollars ($500.00),
or by imprisonment in the county jail not to exceed
sixty (60) days, or by both such fine and
imprisonment.
23. Criteria for Allowing Road Name Designations.
Section 951.05(4) is hereby amended to read as follows:
(4) Named roads.
(a) The requirement of number designations for roads in
the unincorporated county shall not apply to named
roads established prior to the date of this
chapter.
(b) All new roads established in the unincorporated
county shall be issued a number designation in
conformance with the grid pattern as described
hereine, with the following exceptions:
Coding: Words in . • -• • type are deletions from existing law.
Words underlined are additions.
1. continuations of existing, named roads (roads
with name designations only), or
2* roads on the barrier island, or
3. private roads within a planned development or
a private subdivision that do not fit into the
county's existing grid system of east -west and
north -south roads.
At the time of development plan application, staff
shall apply these criteria in its review of
requests for use of road names. Staff
determinations shall be final unless appealed
c. Proposed road names shall not duplicate, or closely
approximate the name of an existing or approved
road.
24. 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.
25. CODIFICATION
The provisions o
the County Code and
"section", "article",
of this ordinance may
such intentions.
26. SEVERABILITY
f this ordinance shall be incorporated into
the word "Ordinance" may be changed to
or other appropriate word, and the sections
be renumbered or relettered to accomplish
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.
27. 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.
Approved and adopted by the Board of County Commissioners of
Indian River County, Florida on this 3I qt day of Mav
AF
1995.
Coding: Words in LqZNgjSL9 . type are deletions from existing law.
Words underlined are additions.
This ordinance was advertised in the Vero Beach Press -Journal on
the lith day of Mai, , 1995, and on the 25th day of
May 1995, for public hearings to be held on the 15th
day of May 1995, and on the 31st day of
1995 at which time at the final hearing it was
moved for adoption by Commissionerseconded
by Commissioner l Richard N. Bird and a opted by the
following vote;
Chairman Kenneth R. Macht
Vice Chairman Fran B. Adams
Commissioner Carolyn K. Eggert
Commissioner
John W.
Tippin
Richard
N.
Bird
Commissioner Carolyn K. Eggert
r- Absent
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY
IF
FF
By�. SCJ
_IF. r
Fr ln" B. Adams,. Vice'-C.hai,-IF
IF. n'- a YIF
�.f.
ATTEST BY: .,III
Jef K rton, Clerk-
IF fIF
.:
V04•',�
IF
1i
Acknowledgement
Acknowledgement by the Department of State of the State, of Florida
this 14th day of June 1995.
Effective Date: Acknowledgement from the Department of State
received on this 16th day of June 1995 at
10:30 A.M./Do= and filed in the office of the Clerk of the
Board of County Commissioners of Indian River -County Florida.
WW
William G. Collins II
Deputy County Attorney
u\c\s\o4mur.ord
Coding: Words in . . -. . type are deletions from existing IF
Words underlined are additions.
Commissioner
John W.
Tippin
r- Absent
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY
IF
FF
By�. SCJ
_IF. r
Fr ln" B. Adams,. Vice'-C.hai,-IF
IF. n'- a YIF
�.f.
ATTEST BY: .,III
Jef K rton, Clerk-
IF fIF
.:
V04•',�
IF
1i
Acknowledgement
Acknowledgement by the Department of State of the State, of Florida
this 14th day of June 1995.
Effective Date: Acknowledgement from the Department of State
received on this 16th day of June 1995 at
10:30 A.M./Do= and filed in the office of the Clerk of the
Board of County Commissioners of Indian River -County Florida.
WW
William G. Collins II
Deputy County Attorney
u\c\s\o4mur.ord
Coding: Words in . . -. . type are deletions from existing IF
Words underlined are additions.
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INTER = OFFICE MEMORANDUM
TO: Stan Boling, Director, Planning Division
C�
FROM: Terrence P. O'Brien, Assistant County Attorney
DATE: May 23, 1995
RE: POLITICAL SIGNS IN RIGHT-OF-WAY
This office has been asked if the Country can allow political signs in
County riglits-of-way.
In general, the County has control of those items that may be placed in
County right-of-way consistent with safety standards and statutory
restrictions . With respect to statutory restrictions Section 106.1435 (3) ,
F.S. ,. as folloyvS.
(3) Pursuant to Chapter 479, no political campaign
advertisement shall be erected, posted, painted, tracked,
nailed, or otherwise displayed, placed, or located on or above
any state or county road right-of-way.
This would at first blush lead you to the conclusion that no political
signs may be placed in county right-of-way. The only thing that
clouds this interpretation is the phrase "Pursuant to Chapter 479".
This chapter primarily pertains to and regulates advertising on any
highway on the state highway system, interstate highway system, or
federal -aid primary system. Further, Section 479.155, F.S., states as
follows :
"The provisions of this Chapter shall not be deemed to
supersede the rights and powers of counties and
municipalities to enact outdoor advertising or sign ordinance."
It appears from the foregoing, that, until legislation to the contrary is
enacted or until judicially determined otherwise, the County has- the
power, Section 106.1435(3) notwithstanding, to regulate in County
right-of-way the placement of political signs and other non -traffic
related items .
TPO/sw
n