HomeMy WebLinkAbout1993-08AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING
THE FOLLOWING CHAPTERS OF THE LAND DEVELOPMENT
REGULATIONS (LDRS): CHAPTER 901, DEFINITIONS; CHAPTER
904, NONCONFORMITIES; CHAPTER 911, ZONING; CHAPTER 913,
SUBDIVISIONS AND PLATS; CHAPTER 952, TRAFFIC; CHAPTER
954, OFF-STREET PARKING; CHAPTER 971, REGULATIONS FOR
SPECIFIC LAND USE CRITERIA; AND PROVIDING FOR REPEAL OF
CONFLICTING PROVISIONS, CODIFICATION, SEVERABILITY AND
EFFECTIVE DATE.
SECTION 1: Amend Section 911.09(g) as follows.
Regulation Unit RMH-6 RMH-8
Maximum Density D.U. per gross acre 6.0 8.0
Minimum lot size sq. ft. 71000 51000
Minimum lot width
SF feet 70 50
Minimum Yard feet
Front 20 20
Side 101 101
Rear 20 20
Maximum building feet 35 35
height
Maximum building
coverage
Mobile Home percent of lot 40 40
Other 30 30
Minimum open space percent of gross area 35 35
Minimum district size acre 20 20
lExcept that side yards for mobile home parks in existence prior to
April 11, 1985 (regardless of current zoning), shall be established
as follows: every mobile home residence shall be located on a space
so that no living space is closer than twenty (20) feet to any
adjacent living space and no accessory structure shall be located
closer than ten (10) feet to any structure on an adjoining space.
An accessory open carport or a combination open carport/storage
shed structure may be located within three (3) feet of a structure
on an adjoining park space if the accessory structure is on a pari
space having an area of less than 5,000 square feet and if the park
space was lawfully established prior to site plan or permitting
requirements or was created in accordance with site plan and
permitting requirements in effect at the time of the park space
establishment.
SECTION 2 (AIB, & C):
A. Section 901.03 is. hereby amended as follows to add the
definition of "residential resort":
Residential resort: a development of no less than twenty-five
(25) acres, containing resort housing and accessory
Coding: Words in Lqj3M3K1j• type are deletions from existing law.
Words underlined are additions.
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A77ACHMEMi 4
ORDINANCE 93- 8
recreational amenities, designed for extended resort and
vacation stays.
Be A portion of the use table in section 911.08(4) is hereby
amended, adding the following under the "Residential" category
heading:
RM -3 RM -4 RM -6 RM -8 RM -10
Residential Resort = = S S S
C. Section 971.41(11) is hereby established, to read as follows:
(9Z Residential Resort (special exception):
Intent• To provide inwardly focused resort housing,
compatible with and similar to multiple family
housing in terms of function, designed for resort
and vacation stays, and providing on-site amenities
and supporting services.
Districts requiring special exception approval
(pursuant to the provisions of 971.05): RM -61 RM-81
RM-10
(c) Additional information requirements:
1. Provide a site plan conforming with all
requirements of Chapter 914 which shows:
a. All residential structures, number of
units, and density;
b. All accessory structures and uses, and
their locations and dimensions;
c. Location, width, composition and a cross-
section of all buffer areas;
d. Design, location, and access to all
recreational and natural resource-based
amenities.
i. The site must have direct access to a
collector or arterial roadway as defined and
identified in the Traffic Circulation Element
of Indian River County's Comprehensive Land
Use Plan.
2. All living units must have cooking facilities
and access to on-site laundry facilities.
3. Each living unit shall constitute a dwelling
unit in terms of land use density
calculations; the total project dwelling unit
density shall not exceed the density allowed
in the underlying zoning district.
4. Accessory uses may include meeting rooms or
clubhouses for the exclusive use of the
occupants and quests of occupants of the
Coding: Words in LqJMJLr-• • type are deletions from existing law.
Words underlined are additions.
2
for
Resort
Use:
Criteria
Residential
i. The site must have direct access to a
collector or arterial roadway as defined and
identified in the Traffic Circulation Element
of Indian River County's Comprehensive Land
Use Plan.
2. All living units must have cooking facilities
and access to on-site laundry facilities.
3. Each living unit shall constitute a dwelling
unit in terms of land use density
calculations; the total project dwelling unit
density shall not exceed the density allowed
in the underlying zoning district.
4. Accessory uses may include meeting rooms or
clubhouses for the exclusive use of the
occupants and quests of occupants of the
Coding: Words in LqJMJLr-• • type are deletions from existing law.
Words underlined are additions.
2
residential resort facility; housekeepin
and maintenance facilities
parking; swimmingpools; tennis courts and
other recreational uses and structures; dining
structures or rooms for the use of the
occupants of the residential resort. No
accessory use shall be established or
conducted for the purpose of engaging in a
business operation or activity other than to
support and provide services and activities to
occupants and guests of occupants of the
residential resort. The accessory use shall
not be operated or promoted in such a manner
as to invite the patronage of the general
public.
5. Parking spaces for each unit of resort housing
shall be provided consistent with the parking
requirements for hotel uses. Adequate parking
for accessory structures and uses shall be
provided in accordance with applicable Chapter
954 standards.
6. A Type "A" buffer shall be provided along the
boundary of the residential resort site where
the site abuts residentially designated
property. A Type "B" buffer shall be provided
along the perimeter of the residential resort
site boundary that is adjacent to public or
private road rights-of-way.
SECTION 3: The definition of "Foster home" of Section 901.03 of
the Definitions Chapter of the Land Development Regulations is
hereby amended to read as follows:
Foster care facilit Foster care home, Foster homed a private
residential .I INSMOMM dwelling which provides a family or
family type living environment including assistance, supervision
and care necessary to meet physical, emotional, and social needs of
clients. A foster care facility may serve a maximum of
three (3) unrelated children and/or adults placed in the facility
by the State.
SECTION 4: The definition of "Adult congregate living facility" is
hereby added to Section 901.03 of the Definitions Chapter of the
Land Development Regulations to read as follows:
Adult congregate living facility (ACLF): a home, institution,
building(s) or residence(s), public or private, whether operated
for profit or not, licensed by the State, which provides housing,
food service, and one or more personal services for a period
exceeding. twenty-four (24) hours to four (4) or more adults who are
not related to the operator. Such a facility may provide extended
congregate care, limited nursing services and limited mental health
services for on-site residents when licensed by the State._
SECTION 5: The definition of "Total care facility" is hereby added
to Section 901.03 of the Definitions Chapter of the Land
Development Regulations to read as follows:
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Words underlined are additions.
3
I J a
Total care facility: an institution, building(s) or residence(s),
public or private, whether operated for profit or not, licensed by
the State, which provides housing, food service, and one or more
personal services for a period exceeding twenty-four (24) hours to
four (4) or more adults who are not related to the operator. The
facilities shall be primarily residential in character; however,
such facilities may provide extended convalescent, nursing, medical
and personal services for ,the on-site residents as an accessory
operation of the facility when licensed by the State. A total care
facility may include an adult congregate living facility (ACLF)
which provides extended convalescent, nursing and medical care, for
its residents, beyond that permitted for an ACLF which stands
alone.
SECTION 6: The definition of "Nursing/convalescent home" in
Section 901.03 of the Definitions Chapter of,the Land Development
Regulations is hereby amended as follows:
Nursing/convalescent home (Intermediate care facility, Continuing
care facility): a home, institution, building or residence, public
or private, whether operated for profit or not, presently licensed
by the state, which provides maintenance, personal care or nursing
for a period exceeding twenty-four (24) hours to three (3) or more
ill, physically infirm, convalescing, or aged persons who are not
related by blood or marriage to the operator. The definition of
nursing or convalescent home does not include hospitals, clinics or
similar institutions which are devoted primarily to the diagnosis
and treatment of the sick or injured.
SECTION 7: The definition of "Residential treatment center" is
hereby added to Section 901.03 of the Definitions Chapter of the
Land Development Regulations to read as follows:
Residential treatment center: a secure facility providing
diagnosis, treatment, habilitation or rehabilitation on an in-
patient basis in a living environment which includes the
supervision and care necessary to meet physical, emotional and/or
social needs of clients. Residential treatment centers may house
a number of unrelated individuals, either patients or staff, and
shall meet all licensing requirements of the State.
SECTION 8: A portion of the use table found in Section 911.12 is
amended to read as follows (all other portions of the use table are
to remain as currently adopted):
Institutional Uses
Foster Care Facility
District
CON -1 CON -2 CON -3
P P P
SECTION 9: A portion of the use table found in Section
911.13(4)(c) is amended to read as follows (all other portions of
the table to remain as currently adopted).
District
AIR -1
Residential Uses
Single-family dwellings P
'Group . - - 0
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Words underlined are additions.
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SECTION 10: A portion of the use table found in Section
911.13(3)(c) is amended to read as follows, (all other portions of
the table to remain as currently adopted):
Public Service Uses
Group home (Level 1)
District
ROSE -4
A
SECTION 11: A portion of the use table found in Section 911.07 is
amended to read as follows (all other portions of the table to
remain as currently adopted):
District
RS -2 RS -3 RS -6 RT -6
Institutional
Uses
Uses
Group
Adult
home (Level
congregate
I)
living_
facility
- A A A
(8 residents
Group home (Level
maximum)
II
& III)
A A A
facility
(8
residents
facility
max.) =
- - - S
Group
Adult
home (Level
congregate
II
living
&
III)
Group homes (Residential
Centers)
facility
(20
resident
facility
max.) S
(21+ residents)
ORDINANCE 93-8
Institutional/Services
Uses
Foster
care facility
P
Group home
Adult congregate
(Level 1)
living
A
facility A
(8
residents max.)
SECTION 10: A portion of the use table found in Section
911.13(3)(c) is amended to read as follows, (all other portions of
the table to remain as currently adopted):
Public Service Uses
Group home (Level 1)
District
ROSE -4
A
SECTION 11: A portion of the use table found in Section 911.07 is
amended to read as follows (all other portions of the table to
remain as currently adopted):
District
RS -2 RS -3 RS -6 RT -6
Institutional
Uses
Uses
Group
Adult
home (Level
congregate
I)
living_
facility
- A A A
(8 residents
Group home (Level
maximum)
II
& III)
A A A
facility
(8
residents
facility
max.) =
- - - S
Group
Adult
home (Level
congregate
II
living
&
III)
Group homes (Residential
Centers)
facility
(20
resident
facility
max.) S
SECTION 12: A portion of the use table found in Section 911.08(4)
is amended to read as follows (all other portions of the table to
remain as currently adopted).
District
RM -3 RM -4 RM -6 RM -8 RM -10
Institutional
Uses
Group home (Level
Adult congregate
I)
living
facility
(8 residents
Group home (Level
maximum)
II
& III)
Adult congregate
living
facility
(20 residents
maximum)
Group homes (Residential
Centers)
Adult congregate
living
facility
(21+ residents)
Coding: Words in • • -• • type are deletions from existing law.
Words underlined are additions.
5
SECTION 13: A portion of the use table listed in Section 911.10(4)
is hereby amended as follows (all other portions of the table to
remain as adopted).
District
PRO OCR MED CN CL CG CH
Institutional Uses
Group homes
(Residential Centers) S S S
Adult congregate
Living facility
(21+ residents) S S S
SECTION 14: A portion of the Table of Uses listed in Section
971.06 is hereby amended to read as follows (all other portions of
the table to remain as currently adopted):
Adult Congregate Living Facility (ACLF) 971.28(3)
SECTION 15: Section 971.28(4) of the Regulations for Specific Land
Use Criteria Chapter of the Land Development Regulations is hereby
amended as follows:
(4) Homes for the aged, including nursing homes, rest homes,
convalescent homes, intermediate care facilities, and
continuing care facilities (special exception).
SECTION 16: Section 971.28(3) of the Regulations for Specific Land
Use Criteria Chapter of the Land Development Regulations is hereby
amended to read as follows.
(3) Group homes: Levels I, II, III, . • residential center, and
adult congregate living facility (ACLF) (administrative permit
and special exception).
(a) Districts requiring administrative permit approval, (pursuant
to the provisions of 971.04): Level I and ACLF (8 residents
maximum): RS -3 RS -6 RT -6 RM -3 RM -4 RM -6 AIR -1; Level II, •
III, and ACLF (20 residents maximum): RM -8 RM -10.
(b) Districts requiring special exception approval, (pursuant to
the provisions of 971.05): Level IIL • III and ACLF (20
residents maximum): RT -6 RM -3 RM -4 RM -6; residential centers
and ACLF 21+ residents): RM -3 RM -4 RM -6 RM -8 RM -10 CL CG CH
. a A
1. A site plan which denotes the location of all structures,
parking facilities, and the proposed circulation plan,
pursuant to the requirements of Chapter 914,
2. A floor plan showing the location, size, and space
utilization of each room shall be submitted;
3. The applicant shall submit a signed affidavit stating
that all applicable regulations of the State of Florida
and Indian River County as currently exist have been
satisfied.
Coding: Words in . • -• • type are deletions from existing law.
Words underlined are additions.
Additional
information
(c)
requirements:
1. A site plan which denotes the location of all structures,
parking facilities, and the proposed circulation plan,
pursuant to the requirements of Chapter 914,
2. A floor plan showing the location, size, and space
utilization of each room shall be submitted;
3. The applicant shall submit a signed affidavit stating
that all applicable regulations of the State of Florida
and Indian River County as currently exist have been
satisfied.
Coding: Words in . • -• • type are deletions from existing law.
Words underlined are additions.
(d) Criteria for group homes: Level I, II, IIIL M residential
centers and adult congregate living facility. Group homes
shall be distinguished by their resident capacity as follows:
1. Level I group home or ACLF, up to eight (8) residents
including caretaker(s) per shift;
2. Level II group home or ACLF, up to twelve (12) residents
including caretakers) per shift;
3e Level I I I group home or ACLF, up to twenty ( 20 ) residents
including caretaker(s) per shift; and
4. Residential centers or ACLF (not Level I, II, or III),
twenty-one (21) or more residents including caretaker(s)
per shift.
(e) Those group homes or ACLFs whose residents are service-
dependantmelraMME1110111 persons requiring special protection or
custodial care in order to meet their emotional and/or
physical needs must meet all licensing requirements from the
Department of Health and Rehabilitative Services of the State
of Florida.
1. The use shall satisfy all applicable regulations of the
State of Florida and Indian River County as currently
exist,
2. The approving body shall determine that the proposed use
is compatible with the surrounding neighborhood in terms
of intensity of land use. As a measure of land use
intensity, the expected number of persons per acre of the
proposed use is equivalent to the number of persons per
acre allowed within the respective zoning district. The
number of persons per acre within the respective zoning
district. The number .of persons per acre within the
zoning district can be derived by multiplying the density
(d.u./acre) by household size estimates for that
structure type. For the purposes of this section, the
following household size estimates shall apply: single-
family homes, 2.5 persons per dwelling unit, multiple -
family, 2.0 persons per dwelling unit. The persons per
acre intensity of the group home shall not exceed one and
one-half (1z) times the intensity of adjacent residential
zoning district(s);
3. To avoid unsafe or unhealthy conditions that may be
produced by the over -crowding of persons living in these
facilities, a minimum floor area per person shall be
required. Floor area requirements shall be measured from
interior walls of all rooms including closet space.
a. Total interior living space. A minimum of two
hundred (200) square feet of interior living space
shall be provided per facility resident. Interior
living space shall include sleeping space and all
other interior space accessible on a regular basis
to all facility residents.
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Words underlined are additions.
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ORDINANCE 93-8
b. Minimum sleeping areas. A minimum of eighty (80)
square feet shall be provided in each sleeping
space for single occupancy. A minimum of sixty
(60) square feet of sleeping space shall be
provided for each bed in a sleeping space for
multiple occupancy.
c. Bathroom facilities. A full bathroom with toilet,
sink and tub or shower shall be provided for each
five (5) residents.
4. To avoid an undue concentration of group care facilities in
one area, all such facilities shall be located at least one
thousand two hundred (1,200) feet apart, measured from
property line to property line.
5. If located in a single-family area, the home shall have the
appearance of a single-family home. Structural alterations or
designs shall be of such a nature as to preserve the
residential character of the building.
6. If located in the AIR -1 zoning district, the site shall have
an L-1 land use designation.
.7. The facility shall satisfy all applicable off-street parking
requirements of Chapter 954. The facility shall meet or
exceed all open space requirements for the respective zoning
district.
8. The maximum capacity of such facilities shall not exceed the
applicable number permitted by the department of health and
rehabilitative services.
:9. Group home permits are transferable. If the type of
resident/client changes or the resident capacity increases to
such an extent that it would raise the facility to a higher
level group home as distinguished by the definition, the
facility must be reevaluated for an administrative permit or
special exception approval.
SECTION 17: Section 971.28(6) of the Regulations for Specific Land
Use Criteria Chapter of the Land Development Regulations is hereby
amended to read as follows:
(6) Residential treatment centers (special exception).
(a) District requiring special exception approval, (pursuant to
the provisions of 971.05): CL CG CH M= RM -8 RM -10.
1. A site plan which denotes the location of all structures
and parking facilities, and meets all requirements of
Chapter 914,
2. A floor plan showing the location, size, and space
utilization of each room shall be submitted;
3. The applicant will identify any and all residential
treatment facilities located within two thousand (2,000)
feet of the site;
Coding: Words in • • -• • type are deletions from existing law.
Words underlined are additions.
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Additional
information
(b)
requirements.
1. A site plan which denotes the location of all structures
and parking facilities, and meets all requirements of
Chapter 914,
2. A floor plan showing the location, size, and space
utilization of each room shall be submitted;
3. The applicant will identify any and all residential
treatment facilities located within two thousand (2,000)
feet of the site;
Coding: Words in • • -• • type are deletions from existing law.
Words underlined are additions.
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4. The applicant shall submit a signed affidavit stating
that all applicable regulations of Indian River County
and the State of Florida as exist at the time of approval
have been satisfied.
(c) Criteria for residential treatment centers:
Residential treatment
requirements of the
Rehabilitative Service
centers must
Department
Services
of the State
meet all licensing
of Health and
of Florida;
2. To avoid unsafe or unhealthy conditions that may be
produced by the overcrowding of persons living in these
facilities, a minimum floor area per person shall be
required. Floor area requirements shall be measured from
interior walls of all rooms including closet space.
a. Total interior living space. A minimum of two
hundred (200) square feet of interior living space
shall be provided per facility resident. Interior
living space shall include sleeping space and all
other interior space accessible on a regular basis
to all facility residents.
b. Minimum sleeping area. A minimum of eighty (80)
square feet shall be provided in each sleeping
space for single occupancy. A minimum of sixty
(6.0) square feet of sleeping space shall be
provided for each bed in a sleeping space for
multiple occupancy.
c. Bathroom facilities. A full bathroom with toilet,
sink and tub or shower shall be provided for each 5
(5) residents.
3. The facility shall provide parking at a rate of one space
per five hundred (500) square feet of gross floor area
and comply with all other aspects of the off-street
parking requirements of Chapter 954.
4. The maximum capacity of residential treatment centers
shall not exceed the applicable number permitted by the
department of health and rehabilitative services.
5. No residential treatment center shall be located within
one thousand two hundred (1,200) feet of any other
residential treatment facility, measured between the
closest points of property.
6. Residential treatment centers shall have a twenty foot
buffer strip with Type "A" screening at all points where
they abut residentially designated property.
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Words underlined are additions.
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r
SECTION 18: A portion of the size and dimension criteria table
listed in Section 911.10(7) is hereby amended as follows ( all other
portions of the table to remain as adopted):
District
PRO OCR MED CN CL CG CH
Residential District
Regulations RM -6 RM -6 RM -8 RM -8 RM -8 RM -8 RM -8
Hotel and motel
minimum square feet
of land area per
unit
SECTION 19: Section 952.12(4)
follows:
is hereby amended to read as
(4) Frontage • .systemsand access easements.Provisions for
Interconnected Parking Areas. Nonresidential developments
fronting principal and minor arterials shall provide driveway
improvements and driveway "stub -outs" to property lines to
facilitate existing and future interconnection of parkin.9
areas to adjacent sites. establish frontage/marginal
Location and Design. 73M711M Parking lot access
driveways and driving aisles SM shall be designed and
located to connect to adjacent properties or to marginal
access roadways that serve the subject site and adjacent
properties. All access points_ and interconnecting
driveways shall be designed and constructed to
accommodate safe and efficient vehicle travel between
adjacent sites, as approved by the public works
Paving. All • - •.• connecting driveway
improvements must be .paved according to applicable
Chapter 954 standardse, including: proper driveway
widths, construction specifications, and treatment of
transition grades.
(cZ Waiver option. The public works director may waive the
interconnected parking area requirements at terminal
points where nonresidential zonin abuts a residential
zoning district, or inMe MoVE35111100511 circumstances
where the mixing of different types of traffic (e.g.
automobile versus truck) is undesirable, Mej or where
separation of traffic is necessary for traffic safety, or
Coding: Words in L61JMgjML1 • type are deletions from existing law.
Words underlined are additions.
10
SECTION 20: Section 904.07 is hereby amended as follows:
If any nonconforming structure or use or an establishment
containing a site -related nonconformity is damaged by
causes including but not limited to fire, flood,
explosion, collapse, wind, neglect, age, or is
voluntarily razed or disassembled to such an extent that
the cost of repair or reconstruction will exceed fifty
(50) percent of the building's value as shown on the tax
assessment roll at the time of damage or proposed
reconstruction, the nonconformity shall be deemed
terminated, and shall not thereafter be reestablished.
In the event that a nonconformity may be repaired by an
investment of less than fifty (50) percent of the value
of the nonconformity as shown on the tax assessment roll
at the time of the damage or proposed reconstruction,
such repair shall be permitted, and the nonconformity may
continue.
(2) If Indian River County or a portion thereof is declared
a disaster area by the Governor of the State of Florida
or the President of the United States, as a result of a
hurricane, tornado, flood, or other similar act of God,
then the provisions of section 904.07(1) shall be hereby
modified to allow within the declared disaster area the
replacement or reconstruction of structures on or in the
location of the original foundation. However, this
modification to county regulations to allow the
replacement or reconstruction of nonconforming structures
has no effect upon the application and enforcement of
state or federal laws and agency regulations regarding
replacement or reconstruction of nonconforming
structures.
SECTION 21: Section 913.06(1)(c) is hereby amended to read as
follows:
(C) Divide property after December 8, 1973 by any means where a
resulting lot has frontage ons a dedicated public right-of-
wayL m private platted right-of-way (street)L or a roadway
historicallv and currently maintained by the county, as
referenced on the county road grading map, less than.
1. Sixty (60) continuous feet, unless exempted under section
913.06(2)L or unless the lot fronts upon a cul-de-sac or
curve and meets the requirements of section 913909(6)(C),
for properties located within the A-1, A-21 A-3, Con -2,
Con -3, RFD and RS -1 zoning districts,
2. The minimum lot width of the zoning district applicable
to the lot(s) created for properties located within
zoning districts other than those referenced in the above
paragraph 1.L unless exempted under section 913.06(2)L or
unless the lot fronts upon a cul-de-sac or curve and
meets the requirements of section 913.09(6)(c).
Access, ingress/egress, or other easements shall not be
deemed to constitute a publicly dedicated road right-of-
way unless previously dedicated to and accepted by the
county.
Note: Parcels created between September 21, 1990 and
December 4, 1991 are subject to the sixty (60) contiguous
Coding: Words in • • -• • type are deletions from existing law.
Words underlined are additions.
11
feet (rather than a minimum lot width) frontage
requirement, regardless of the zoning district in which
the property is located.
SECTION 22: Section 954.11 is hereby established to read as
follows:
_Section 954.11 Security for construction of required paving
improvements
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*
(AA) 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.
(BZ The estimated cost of paving shall be approved by the
county engineer after review of an itemized cost estimate
certified by the developer's engineer or review of an
actual itemized contract price bid.
The surety posted to guarantee performance of the
contract shall expire, if 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.
SECTION 23: Amend Section 971.08(10), to read as follows.
"(10) Sludge spreading (administrative permit).
(a) Districts requiring administrative permit approval, (pursuant
to the provisions of 971.04): A-1 A-2 A-3.
Coding: Words in • • -• • type are deletions from existing law.
Words underlined are additions.
12
(b) Criteria for sludge spreading:
1. A site plan which shows the limits of the areas for
sludge spreading and setbacks from the sludge spreading
operation to property lines, pursuant to the requirements
of Chapter 914, Site Plans;
2. A fifty -foot setback shall be required when the sludge
spreading operation is adjacent to agriculturally
designated property;
3. A one hundred -foot setback shall be required when the
sludge spreading operation is adjacent to residentially
designated or commercial/ industrial designated property,
4. As part of a stormwater management report, signed and
sealed by a professional engineer, the applicant shall
demonstrate that no adverse impacts will occur on
properties and waterbodies, on or 'off-site, by runoff
from the sludge -spreading operation,
5. An additional report, signed and sealed by a professional
engineer or a hydrologist, must be submitted which
demonstrates that the sludge spreading operation will
have no adverse impacts on groundwater.
6. The facility must be approved by.the Indian River County
Solid Waste Disposal District (SWDD) Board, in
conformance with the provisions of the county's Sludge
and Septage Ordinance.
SECTION 24: Amend Chapter 911 to establish section 911.08(8),
to read as follows:
"(8) Required buffer yards:
Where a multi -family project in the RM -6, RM -8 or RM -10 district
abuts a single-family zoning district, the following buffer yards
shall be provided along the boundary between the multi -family
project and the single-family zoning district.
Multi -family District Buffer Type
RM -6 C - 3 ft. Opaque or D - 6 It. Opaque
RM -8 C - 3 ft. Opaque or D - 6 ft. Opaque
RM -10 C - 3 ft. Opaque or D - 6 ft. Opaque
SECTION 25: Section 911.15(2)(q) is hereby amended to read as
follows:
(q) Screening enclosures, patios, and decks. No screening
enclosures, patios, or decks shall be located closer than ( 10 )
feet to any rear property line or In I MIJUMM within any
easement for utilities, drainage, or access .. RAPIMMI-
0
SECTION 26: Section 954.05(3) is hereby amended to read as
follows:
(3) Auto repair, auto body, and diagnostic shops.
Coding: Words in . . -. . type are deletions from existing law.
Words underlined are additions.
13
.. - A minimum of six (6) parking spaces is required for
buildings under 2,000 square feet in size. For buildings
2,000 square feet or larger one parking space shall be
required for every 400 square feet of gross building area.
All customer parking shall be clearly marked. Service bays
may not be counted as parking spaces.
SECTION 27: Section 954.05(38) is hereby amended to read as
follows:
(38)
for a customer drop-off . Two (2) parking spaces per hole_
for the first 18 holes, one parking space per hole for every
additional hole, plus one parking space per 200 square feet of
interior floor area devoted to accessory commercial or
amusement area. The site design shall provide_ for a customer
drop-off area.
SECTION 28: Section 911.08(7) is hereby amended to read as
follows:
Regulation
Unit
Maximum density d.u./gr.ac. 2 3 6 6
Minimum lot size2 sq. feet
SF 16,000 12,000 7,000 7,000
Duplex 12,000
Minimum lot width feet
SF 100 80 70 70
Duplex 100
Minimum yard feet
Front 25 25 20 20
Side 15 15 10 10
Rear 25 25 20 20
Maximum building height feet 35 35 35 35
Maximum building percent of lot 25 30 30 35
coverage
Minimum open space percent of lot 40 40 40 40
1Nonconforming lots of record lawfully created prior to June 18, 1991 shall meet
the RS -6 yard requirements.
2 I no case shall the density exceed the maximum permitted gross density. (Ord.
No. 90-16,1,9-11-90; Ord. No. 91-48, 15, 16, 12-4-91; Ord. No. 92-39, 11, 9-29-
92)
SECTION 29: Section 911.04(3)(c)4. is hereby amended to read as
follows:
Required
lots. C
provided, however, that the buildable width of such lot s
1
Coding: Words in • • -• • type are deletions from existing law.
Words underlined are additions.
14
dimension
(7) Size and
criteria.
Regulation
Unit
Maximum density d.u./gr.ac. 2 3 6 6
Minimum lot size2 sq. feet
SF 16,000 12,000 7,000 7,000
Duplex 12,000
Minimum lot width feet
SF 100 80 70 70
Duplex 100
Minimum yard feet
Front 25 25 20 20
Side 15 15 10 10
Rear 25 25 20 20
Maximum building height feet 35 35 35 35
Maximum building percent of lot 25 30 30 35
coverage
Minimum open space percent of lot 40 40 40 40
1Nonconforming lots of record lawfully created prior to June 18, 1991 shall meet
the RS -6 yard requirements.
2 I no case shall the density exceed the maximum permitted gross density. (Ord.
No. 90-16,1,9-11-90; Ord. No. 91-48, 15, 16, 12-4-91; Ord. No. 92-39, 11, 9-29-
92)
SECTION 29: Section 911.04(3)(c)4. is hereby amended to read as
follows:
Required
lots. C
provided, however, that the buildable width of such lot s
1
Coding: Words in • • -• • type are deletions from existing law.
Words underlined are additions.
14
not be reduced by front or side yard requirements to less than
thirty (30) feet and provided further that no accessory
structure on a corner lot shall project into the required
front yard on any SIXTIM street. In those instances where the
thirty-foot minimum applies, the house shall be centered
between the lot lines, 'unless an alternate siting arrangement
is approved by the community development director.
SECTION 30: Section 904.08(2) is hereby amended to read as
follows:
(2) Replacement of nonconforming mobile homes. Where mobile home
use constitutes a nonconforming use of land, no mobile home
may be replaced with another mobile home, except when
associated with a legal nonconforming mobile home park,
whereby the mobile home is maintained in conformance with the
originally approved mobile home park site plan (as may be
amended). The setbacks established in Section 911.09(8),
including footnotesw are applicable to mobile homes within
nonconforming mobile home parks.
SECTION 31 (A & B):
A. Section 954.05(36) is hereby amended to read as follows:
(36) Medical and dental offices and out-patient clinics.
General requirement of one (1) space per one hundred and
seventy-five (175) square feet of gross floor area.
Specific requirements for handicap parking spaces are as
a. outpatient units and facilities - 10 percent of the
total number of parking spaces serving each such
outpatient unit or facility shall be handicap
spaces;
be units and facilities that specialize in treatment
or services for persons with mobility impairments -
20 percent of the total number of parking spaces
serving each unit or facility shall be handicap
spaces.
Be Section 954.07(2) is hereby amended to read as follows.
(2) Standards for handicap spaces applicable to site plan project
applications.
Handicap parking spaces shall be provided in conjunction
with site plana lications involving new uses or chan es
in use other than for duplex -type units Joe stolen
1. Exemption. If the owner of the project building
certifies that the entire building is used only by
employees and that the work performed in such areas
cannot reasonably be performed by handicapped
persons, such building is exempt.
(b) Handicap parking spaces shall be located adjacent to or
as close as practical to the main and/or secondary
entrances accessible to the handicapped. Said entrances
Coding: Words in • • -• • type are deletions from existing law.
Words underlined are additions.
15
shall connect with all accessible spaces and elements
within the building. Ramps and/or sidewalks shall have
• •-• a minimum width of 44" and shall be
conveniently located in relationship to the handicap
parking spaces. Access ways and ramps to the building
may be shared.
(c) The number of handicap parking spaces shall be as
required by the Standard Building Code.Table B (shown
below) except as modified by 954.05(36)._
Total Parking Lot
Required Number of
Accessible Spaces
Upto 25. 0 0 0 0 0 0 0 a 0 a 0 a 0 0 a 6 0 a a 9 9 0 0 a 9 9 a a 9 6 0 0 0 a 0 0 0 .1
26 to 50 .2
51 to 75.3
76 to 100 ••4
101 to 150 • •5
151 to 200 •6
201 to 300 •7
301 to 400 •8
401 to 500• •9
501 to 1000 . 2�S of . Total
Over 1000 .20•plus •1•for .each .100 over 1000
Where handicap•-• parking is -• -• provided, each
space so designated shall have a minimum width of not
less than twelve (12) feet and be accompanied by an
• access aisle (at least 5' wide) to the
buildin access, in accordance with the requirements of
the .GLOvirgawovirM-.. -
-• Florida Statutes. An access aisle may be
shared between two handicap spaces.
permanent, above -grade sign bearing the international
svmbol of accessibilitv or the caption "PARKING BY
r�rcnQr_s�r�
Caption. SUCn S1gnS Snail not De oDSCur=%A Dy a Venlcle
parked in the space. All handicap parking spaces must be
signed and marked in accordance with the standards
adopted by the Department of Transportation.
�Z If passenger loading zones are provided, then at least
one passenger loading zone shall have an access aisle at
least 51x 20' adjacent and parallel to the vehicle pull-
up space.
SECTION 32 (A & B):
A. The definition of "Yard, front" in Section 901.03 of the
Definition Chapter of the Land Development Regulations is
hereby amended to read as follows.
Yard, front: on interior lots the yard being the minimum
horizontal distance between the structure and the street
Coding: Words in . . -• • type are deletions from existing law.
Words underlined are additions.
16
P 40
right-of-way. On multi -frontage lots (including corner lots)
all yards which abut a street right-of-way are considered
front yards. On double frontage lots having frontage on
opposite sides of the lot or parcel, the yard abutting the
street with the lower functional classification as depicted on
the county's thoroughfare plan map shall be the front yard.
If both streets have the same functional classification, the
yard adjacent to the - - • - • •• •
M front lot line having the shortest dimension shall be the
front yard.
The definition of "Yard, rear" in Section 901.03 of the
Definition Chapter of the Land Development Regulations is
hereby amended to read as follows.
Yard, rear: a yard extending
the side lot lines and betw
nearest structure. On lots w
across the rear of a lot between
een the rear lot line and the
ith one front lot line, the lot
ine shall be the rear lot line.
I
yard and shall berear yardswhen abutting a rear• rear
lot line shall be the lot line opposite the front"aoa lot line
having the shortest dimension. On a multi -frontage lot which
abuts three (3) streets, the remaining yard not abutting a
street shall be a side yard. if it abuts a side yard - •
*NOTE TO EDITOR: The following graphic shall be inserted into
the text, after the definition of "yard, side".
SECTION 33:
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.
Coding: Words in • . -• • type are deletions from existing law.
Words underlined are additions.
17
C
SECTION 34:
The provisions of this ordinance shall be incorporated into
the County Code and the word "Ordinance" may be changed to
"section", "article", or other appropriate word, and the sections
of this ordinance may be renumbered or relettered to accomplish
such intentions.
SECTION 35:
If any section, part of a sentence, paragraph, phrase or word
of this ordinance is for any reason held to be unconstitutional,
inoperative or void, such holdings shall not affect the remaining
portions hereof and it shall be construed to have been the
legislative intent to pass this ordinance without such
unconstitutional, invalid or inoperative part.
SECTION 36:
The provisions of this ordinance shall become effective upon
receipt from the Florida Secretary of State of official
acknowledgement that this ordinance has been filed with the
Department of State of the State of Florida.
Approved and adopted by the Board of County Commissioners of
Indian River County, Florida on this 1 Rth day ofT, h ,
1993.
This ordinance was advertised in the Vero Beach Press -Journal on
the day of Fehruary , 1993, and on the 11 day of
Marc1993, for public hearings to be held on the 2
day of March 1993, and on the 18 day of
March , 1993 at which time at the final hearing it was
moved for adoption by Commissioner Eggert seconded
by Commissioner Adams and adopted by the
following vote;
Vice Chairman John W. Tippin
Commissioner Fran B. Adams
Commissioner Kenneth R. Macht
Commissioner Carolyn K. Eggert
Coding: Words in . • ZWoj T type are deletions from existing law.
Words underlined are additions.
18
_ t
Chairman
Richard
N.
Bird
Vice Chairman John W. Tippin
Commissioner Fran B. Adams
Commissioner Kenneth R. Macht
Commissioner Carolyn K. Eggert
Coding: Words in . • ZWoj T type are deletions from existing law.
Words underlined are additions.
18
_ t
IF
ORDINANCE 93—IF�
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IF I IF
IF
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BOARD OF COUNTY COMMISS-IONERSayq ' 7
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OF INDIAN VER COUNTY �:; IF„r rIF
Fill
'000 1IF!
By. IF
xF IF
Richard ird,�Chairman I FF.IF
i”
ATTEST BY:
in K: B'a�rton, e k ,
IF
I IF
Acknowledgement by the Department of State of the State of Florida
I.
this 26th day of March , 1993.
Effective Date: Acknowledgement from the Department of State
received on this 29th day of March 1993 at
10:00 A.M./VXEX and filed in the office of the Clerk of the
Board of County Commissioners of Indian River County Florida.
APPROVED AS TO FOR AND LEGAL SUFFICIENCY.
C 40 1 ( 7 ele
William G. Collins, II, Deputy County Attorney
APPROVED AS TO PLANNING MATTERS
Roberti�WKrea E iIry
, A
Community Developmen Director
u\c\s\6thrnd.ldr
Coding: Words in . . -. . type are deletions from existing law.
Words underlined are additions.
19