HomeMy WebLinkAbout1999-13ORDINANCE NO. 99- 13
AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA AMENDING THE
LAND DEVELOPMENT REGULATIONS (LDRS) CHANGING THE LIST OF
PERMITTED USES WITHIN THE MED (MEDICAL) ZONING DISTRICT, AND
AMENDING THE FOLLOWING CHAPTERS OF THE LAND DEVELOPMENT
REGULATIONS (LDRS): CHAPTER 901, DEFINITIONS; CHAPTER 911,
ZONING; CHAPTER 912, SINGLE-FAMILY DEVELOPMENT; CHAPTER 913,
SUBDIVISIONS AND PLATS; CHAPTER 917, ACCESSORY USES AND
STRUCTURES; CHAPTER 934, EXCAVATION AND MINING; CHAPTER 952,
TRAFFIC; AND CHAPTER 971, REGULATIONS FOR SPECIFIC LAND USE
CRITERIA; AND PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS,
CODIFICATION, SEVERABILITY AND EFFECTIVE DATE,
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER
COUNTY, FLORIDA THAT THE INDIAN RIVER COUNTY LAND DEVELOPMENT
REGULATIONS (LDRS) BE AMENDED AS FOLLOWS:
1. Murphy Deed Reservations: definitions and setback requirements relating to Murphy
Deed Reservations.
The following definitions of Chapter 901 are hereby modified or established as follows:
111. MurphyDeed Reservation • rights reserved by the State of Florida under the 1937
Murphy Act for use of properties for public right-of-way purposes
2. Right -of -Way: a strip of land dedicated, deeded, used, or to be used for a street,
alley, walkway, boulevard, utility installations, drainage facility, access for ingress or egress, or other
purpose by the public, certain designated individuals, or governing bodies. Includes Murphy Deed
Reservations.
3. Setback: the minimum horizontal distance between the front, rear or side lines of
the lot and the front, rear or side lines of the building including porches, carports, and accessory uses
subject to yard encroachment provisions of Chapter 911, Zoning. However, front yard setbacks shall
be measured from the right -of wayl, which includes Murphy Deed Reservations. For flag lots,
the front yard setback shall be measured from the line where the majority of the lot area meets the
narrow strip of land that connects the lot to the road. right-of-way.
4. Yard, front: on, interior lots the yard being the minimum horizontal distance
between the structure and the street right -of --way or Murnhy Deed Reservation line. On multi -
frontage lots (including corner lots) all yards which abut a street right -of --way or Murphy Deed
Reservatio'are consi
ndered front yards, with the following exception:
For parcels adjacent to subdivision street rights -of --way, where the parcel is separated from
the subdivision street by landscape improvements required by the subdivision ordinance and
where the parcel cannot be accessed from the subdivision street, the portion of the parcel
adjacent to the right-of-way shall be treated as a side yard where a side yard would exist, and
a rear yard where a rear yard would exist, absent the right-of-way.
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 front lot line having the shortest dimension shall be
the front yard.
Coding: Words in strip type' are deletions from existing law. Words underlined are
additions.
SrCGr/eS Sen re 5Ti9i✓ 13G//NJ
-C 0 99
2. Right -of --Way Table: revisions to right-of-way requirements table.
The appendix to Chapter 952 is hereby amended as follows:
SPECIFIC THOROUGHFARE PLAN ROAD RIGHT-OF-WAY TABLE
Facility Thoroughfare Additional
Plan Row Intersection
Row
FROM: TO:
SR AIA Brevard Co. CR510 1120 30'800'N. of
Line CR510
SR AlA CR510 Vero City Line 120 30' 800' S. of
CR510
SR AIA Vero City Line SR60 120 30'800'N. of
Beachld Blvd.
SR AIA SR 60 17th Street 120 30' 800' S. of
Beachld Blvd.
SR AIA 17th Street Vero City Line 120 800'S. & N. of
17th St.
SR AIA Vero City Line St. Lucie Co. 120
IRB North US I SR 60 200
IRB SR 60 S. US 1 200 150
I-95 Brevard Co. St. Lucie Co. 300
Line
US 1 Brevard Co. c3R5 4 0 4-28 Sebastian City
Line North Sebastian Limits - 30' at
City Limits 120460 CR 512 (500'
North & South)
160 Remaining
Unincorporated
- 20' at
Roseland Road
(500' North &
South)
Coding: Words in strtke tmott type are deletions from existing law. Words underlined are
additions. 2
US 1 GR5 i0 53rd Street 4-20 WabassoArea
North Sebastian 30' at CR510
City Limits 120-160 (500' South)
US 1 53rd St. 41st St. 160 20' at 41 st St.
(500' South)
US 1 41st St. SR 60 +20 30' at 37'h St.
70 (500 ` N. & S.)
V -S-4 SR 60 384�Ge 49 .
US 1 SR 60 4th St. 120
US 1 4th St. Oslo Road 160
US 1 Oslo Road St. Lucie Co. 160
Roseld Rd. US 1 0.6 mi. west 120
Roseld Rd. 0.6 mi. west CR512 120
CR512 US 1 Roseland Rd. 200
CR512 Roseland Rd. I-95 200 R/W to come
from N. side
CR512 1-95 Fellsmere x-00
200
CR512 Fellsmere SR 60 400
200
CR510 SR AIA US 1 160
CR510 US I 66th Ave 160
CR510 66th Ave CR512 160
CR507 CR512 Brevard Co. 80
Line
SR 60 SR AIA ICWW 130
SR 60 ICWW Indian River -130
Blvd. 140
Coding: Words in strtke tmot type are deletions from existing law. Words underlined are
additions.
SR 60 Indian River 20th Ave 140 Twin Pairs
Blvd.
SR 60 20th Ave 58th Ave 130
SR 60 58th Ave 82nd Ave 200
SR 60 82nd Ave I-95 288
234
SR 60 I-95 Osceola Co. 200
17th St. SR AlA Indian River 120 30' AlA and
Blvd. IRB Inter. (800'
ea/side)
17th St. Indian River Old Dixie Hwy 120 30' at US 1
Blvd,
16th St. Old Dixie Hwy. 27th Ave 8.8 20' at 20th Ave
100
16th St. 27th Ave 58th Ave 80 20' at 27th
Ave/43rd
Ave/58 Ave
16th St. 98th 102nd Ave 80
12th St. Indian River US 1 100 30' at IRB, US 1
Blvd.
12th St. US 1 27th Ave 100
12th St. 27th Ave 58th Ave 100
Old Dixie SR 60 4th St. 80 20' at 16th St,
12th St, 8th St,
4th St.
Old Dixie 4th St. Oslo Rd. 80 20' at Oslo
Road
Old Dixie Oslo Road St. Lucie Co. 80
Old Dixie '' 8 fib"' 80 20' at 69th St.,
41S` Street CR 510 53rd St., 45th
St., 41st St.
Coding: Words in Artke titrott type are deletions from existing law. Words underlined are
additions.
20th Ave SR 60 12th Street 100 20' at 16th and
12th St.
20th Ave 12th St. 17th St. SW 80 20' at Oslo
Road
27th Ave 26th St. Oslo Road 130
27th Ave Oslo Road St. Lucie Co. 130
Oslo Road US 1 27th Ave 130 12' at 27th Ave
Oslo Road 27th Ave 82nd Ave 130 12' at 27th, 58th
Ave
43rd Ave 57th St. SR 60 100 20' at 53rd St.
43rd Ave SR 60 8th St.. 100 20' at SR 609
16th St, 12th St.
43rd Ave 8th St. Oslo Road 100 20' at Oslo
Road
43rd Ave Oslo Road St. Lucie Co. 100
58th Ave CR 510 33rd St. 130
58th Ave 33rd St. 16th St. 130
58th Ave 16th St. 21st St. SW 130
66th Ave CR510 53rd St. 136
66th Ave 53rd St. SR 60 136
66th Ave SR 60 21st St. SW 136
74th Ave CR510 SR 60 89 20' CR510, 53rd
130 St., SR 60
74th Ave SR 60 21st St. SW 8-0 20' at Oslo
130 Road
82nd Ave CR510 SR 60 136
82nd Ave SR 60 Oslo Road 136
Coding: Words in strtite t1trott type are deletions from existing law. Words underlined are
additions.
90th Ave 26th St. Oslo Road 80 56' at SR 60
98th Ave SR 60 Oslo Road 136
73rd St. 82nd Ave 58th Ave $8
90
69th St. 82nd Ave US 1 100
65th St. 82nd Ave US 1 80
61st St. 82nd Ave 58th Ave go
90
57th St. 82nd Ave US 1 80
53rd St. I-95 US 1 4-60
200
49th St. 82nd Ave US 1 80
45th St. 82nd Ave Indian River 80
Blvd.
41st St. 82nd Ave Indian River 100
Blvd.
37th St. 82nd Ave 58th Ave 80
90
37th St. US 1 Indian River 110
Blvd.
33rd St. 82nd Ave 58th Ave 80
90
26th St. 90th Ave 27th Ave 80
16th St. 90th Ave 59th Ave 80
90
12th St. 90th Ave 58th Ave 446
100
12th St. 58th Ave Indian River 100 36' at IRB, US
Blvd. 1; 16' at 27th
Ave, 43rd Ave,
58th Ave
8th St. 90th Ave Indian River 80
Blvd.
4th St. 98th Ave 58th Ave +-36
100
Coding: Words in type are deletions from existing law. Words underlined are
additions. 6
4th St. 58th Ave US 1 100 36' at US 1; 16'
at 27th Ave,
43rd Ave, 58th
Ave
1 st St. SW 98th Ave 20th Ave 8.0
90
5th St. SW 98th Ave Old Dixie Hwy 80
13th St. SW 82nd Ave Old Dixie Hwy 8.0
90
17th St. SW 82nd Ave Old Dixie Hwy 100
21st St. SW 74th Ave 27th Ave $8
90
3. Building -front Walkway Vendors at Large -Scale Retail Projects
Create accessory uses and structures section 917.06(16), to read as follows:
4. Half -Streets
Amend subdivision ordinance section 913.09(3)(C)6., to read as follows:
"6. Half -streets. The creation of half -streets is prohibited except where a previously
platted half -street abuts the subject tract in which case the unplatted one-half street
shall be created, or except where the public works and community development
directors determine that a half street area is required to be created to project an
existing right -of way alignment to an adjacent property ' to allow for the future
development.
half
a. Where a proposed
alternative to
development
abuts a pre-existing
vehicle
(.L6) Building
- front
walkwU
and
via
(sidewalk)
food
and
concession
vendors
are
allowed
as
updated
half -street,
of the
half
-street
is
his
not secured
prior
to
preliminary
plat
with no
vehicular access
(except
for emergency
the
to the
development
half
-
to large
be designed
to:
approval, proposed
the
following
shall
and
approved
so
as
the
an accessory
-of
use
to
bring
scale
retail
projects,
-
under
without
conditions:
the
right-of-way
street up
to local road
necessary
to
Regardless
bring
the
building
-
to half
Ca)
The
principal
the developer
use
involves
street
100,000
sq.
ft.
or more
project
of
retail
area.
use the upgraded
The
vendor
uses
street
and operates
for
vehicle
a push
cart
as
permitted
access for the
by the
state,
with the road paving_
and the
of Chapter
952.
is displayed
appropriate
state
health
permit
to
the
public.
O
The
vendor
and
push cart
operate
only
on
private
sidewalks
located
between
the principal
retail
buildingand
nd
adjacent
driveways/parkin
areas.
reas.
U
Neither
the
vendor
nor the
push
cart
are
allowed
on
site during
the hours
is
for
that the
principal
retail
building
closed
business.
4. Half -Streets
Amend subdivision ordinance section 913.09(3)(C)6., to read as follows:
"6. Half -streets. The creation of half -streets is prohibited except where a previously
platted half -street abuts the subject tract in which case the unplatted one-half street
shall be created, or except where the public works and community development
directors determine that a half street area is required to be created to project an
existing right -of way alignment to an adjacent property ' to allow for the future
development.
Coding: Words in strilte thfott type are deletions from existing law. Words underlined are
additions. 7
half
a. Where a proposed
alternative to
development
abuts a pre-existing
vehicle
access
to the
-street,
and
via
the
abandonment
updated
half -street,
of the
half
-street
is
his
not secured
prior
to
preliminary
plat
with no
vehicular access
(except
for emergency
the
to the
development
half
-
be designed
to:
approval, proposed
shall
and
approved
so
as
the
right
-of
--way necessary
to
bring
the
half
-
dedicate
without
compensation
the
right-of-way
street up
to local road
necessary
to
Regardless
bring
the
half
-
to half
the developer
be
street
up
to
local
respect
project
road
standards,
will
use the upgraded
half-
street
for
vehicle
access for the
project,
and comply
with the road paving_
standards
of Chapter
952.
Coding: Words in strilte thfott type are deletions from existing law. Words underlined are
additions. 7
1. As an
alternative to
designing
vehicle
access
to the
project
via
the
updated
half -street,
the developer
may choose
to design
his
project
with no
vehicular access
(except
for emergency
vehicles)
to the
half
-
street
and contribute
the
right
-of
--way necessary
to
bring
the
half
-
street up
to local road
standard.
Regardless
of project
design
with
to half
the developer
be
deemed
to
respect
project
-street
access,
will
Coding: Words in strilte thfott type are deletions from existing law. Words underlined are
additions. 7
5. Gated Entrances
Create traffic access control section 952.12(l 0), to read as follows:
""0 Gated entrances. Gated entrances may be approved if the applicant:
U Demonstrates that the entrance and gate are located and designed so that:
1. Passenger vehicles, including -customary -service vehicles, can
approach the entrance and gate in a manner that is safe and that does not
impede traffic flow on the adjacent travelway: and
2. Passenger vehicles, including customary service vehicles, that are
denied entrance may be turned around without encroaching onto the adjacent
public right -of --wax, and may safely exit onto the adjacent travelway.
6. Exception
to
Littoral one
Requirements
his
have benefitted
a.
The
from
the
Works
half
-street
because
of
his
ability
to
obtain
design
that
allows
turn
around
access directly
areas
from
the
half
-street and
therefore
shall
be
subject
swing
to
area)
to
encroach
into
the
obligation
to
dedicate
-of --way
based
without
upon
compensation
the
right-of-way
following
criteria:
necessary
to
bring
the
half
-street
up
to local
road
standard.
5. Gated Entrances
Create traffic access control section 952.12(l 0), to read as follows:
""0 Gated entrances. Gated entrances may be approved if the applicant:
U Demonstrates that the entrance and gate are located and designed so that:
1. Passenger vehicles, including -customary -service vehicles, can
approach the entrance and gate in a manner that is safe and that does not
impede traffic flow on the adjacent travelway: and
2. Passenger vehicles, including customary service vehicles, that are
denied entrance may be turned around without encroaching onto the adjacent
public right -of --wax, and may safely exit onto the adjacent travelway.
separation of at least 70 feet between the gate and the adjacent
existing travelway edge of pavement
ii separation of at least 50 feet from the gate to the nearest ri h
way intersection (edge,ght-of--wai) internal to the project,
ill separation of at least 25 feet from the gate to the nearest driveway
internal to the project. Separation distances required under ii and ill
above may be modified by the Public Works Director or his designee
based on alternative designs that adequately address factors such as
entry -way width and clear zone characteristics, and that meeteg_ nerally
accepted engineering standards and practices.
Obtains approval from the Public Works Director or his designee for the
proposed design."
6. Exception
to
Littoral one
Requirements
his
a.
The
Public
Works
Director or
designee may
approve a
design
that
allows
turn
around
areas
(but
not a gated
or
gate -
swing
area)
to
encroach
into
public
right
-of --way
based
upon
the
following
criteria:
separation of at least 70 feet between the gate and the adjacent
existing travelway edge of pavement
ii separation of at least 50 feet from the gate to the nearest ri h
way intersection (edge,ght-of--wai) internal to the project,
ill separation of at least 25 feet from the gate to the nearest driveway
internal to the project. Separation distances required under ii and ill
above may be modified by the Public Works Director or his designee
based on alternative designs that adequately address factors such as
entry -way width and clear zone characteristics, and that meeteg_ nerally
accepted engineering standards and practices.
Obtains approval from the Public Works Director or his designee for the
proposed design."
Amend Section 934.05, to read as follows:
"Sec. 934.05 Water Management Standards.
Any excavation or mining activity in the unincorporated county which results in the creation or
expansion of a waterbody (as defined in Chapter 901) greater than one half acre in size shall be
subject to the following standards, except as specifically exempted in Section 934.04 of this chapter.
The littoral zone provisions of this section shall not apply to created or expanded waterbodies of any
size in cases where the St. Johns River Water Management District has permitting jurisdiction and
does not require littoral zone(s) due to permanent pool volume design or other design parameters.
(1) A littoral zones) shall be established as part of the created waterbody. A design and
management plan must be submitted which shall:
(a) Include a topographic map of the proposed littoral zones) showing
the control elevation contour and the minus two -and -one -half -foot (2
'/2') control water elevation contour, and include a cross-sectional
Coding: Words in strtke Offatt type are deletions from existing law. Words underlined are
additions. 8
6. Exception
to
Littoral one
Requirements
Amend Section 934.05, to read as follows:
"Sec. 934.05 Water Management Standards.
Any excavation or mining activity in the unincorporated county which results in the creation or
expansion of a waterbody (as defined in Chapter 901) greater than one half acre in size shall be
subject to the following standards, except as specifically exempted in Section 934.04 of this chapter.
The littoral zone provisions of this section shall not apply to created or expanded waterbodies of any
size in cases where the St. Johns River Water Management District has permitting jurisdiction and
does not require littoral zone(s) due to permanent pool volume design or other design parameters.
(1) A littoral zones) shall be established as part of the created waterbody. A design and
management plan must be submitted which shall:
(a) Include a topographic map of the proposed littoral zones) showing
the control elevation contour and the minus two -and -one -half -foot (2
'/2') control water elevation contour, and include a cross-sectional
Coding: Words in strtke Offatt type are deletions from existing law. Words underlined are
additions. 8
view of the littoral zone(s) planting design, showing the required
slopes from the top of the bank to a depth of two and one-half (2 11/2)
feet below the control water elevation;
(b) Specify how vegetation is to be established, including the extent,
method, type and timing of any planting provided;
(c) Provide a description of any water management procedures to be
followed in order to ensure the continued viability and health of the
littoral zones;
(d) Include a plan view which documents the location and extent of the .6
littoral zones, including the percentage of the waterbody surface area
(at control elevation) covered by vegetated littoral zones.
(2) The established littoral zones shall consist of native vegetation, and shall be
maintained permanently as part of the waterbody. All landscaping, littoral zone
revegetation plans and lake management plans shall comply with St. John River
Water Management District rules.
(3) Within extended littoral zone shelves (at the landward base of the littoral zone side
slopes), the applicant is required to provide a minimum of one tree for every five
hundred (500) square feet of littoral zone coverage. The proposed trees must be a
in size consistent with Florida Division of Forestry seedlings (ten (10) inches
tall at planting depth) and consist of native, freshwater wetland varieties (e.g. red
bay, red maple, bald cypress).
(4) The slopes of the waterbody areas from top of bank to the littoral zone area shall not exceed
one (1) foot vertical to three (3) feet horizontal. Littoral zones and extended littoral zone
shelves shall be located within an area bounded by a landward limit of one (1) foot above the
control water elevation and a waterward limit of two and one-half (2 1/2) feet to four (4) feet
below the control water elevation. At least thirty (30) percent of the waterbody surface area,
or 21 square feet per linear foot of shoreline, whichever is less, shall consist of a littoral zone.
The thirty percent is calculated based on the ratio of vegetated littoral zone to surface area
of the waterbody at the control elevation. Within the planted littoral zone(s) area(s), the
littoral zone slope shall not be steeper than an average slope of one (1) foot vertical to six (6)
feet horizontal, and the littoral zone need not be established in a continuous band around the
waterbody. Although no minimum slope below the littoral zone is required, the slope below
the littoral zone shall be constructed so that natural soil movement will not reduce the littoral
zone area.
(5) There will be no significant adverse off-site impact on groundwater quality or
groundwater levels. In the event of dewatering associated with excavations
(including mining), the applicant shall present evidence that no salt -water intrusion
and/or reduction in quality or quantity of well water available to properties within
one-fourth (1/4) mile of the permitted activity will occur.
(6) The water management system, including swales and interconnected wetlands and
lakes, must be specifically designed to inhibit siltation and eutrophication processes.
To ensure this, the applicant must submit an environmental management and lake
monitoring plan, specifying the method for monitoring the system and corrective
actions should eutrophication and/or siltation occur.
(7) A fifteen foot -wide access maintenance easement shall be provided for every one
thousand (1,000) feet of shoreline. This easement shall extend from below control
elevation of the lake to a public or private road right -of --way.
(8) The littoral zone will be considered as full credit towards the 2:1 mitigation ratio for
freshwater emergent wetlands; (ref. Chapter 928, Wetland and Deepwater Habitat
Protection.)"
Coding: Words in strike thrott type are deletions from existing law. Words underlined are
additions. 9
Prohibition
requiring
in
administrative
7.
permit
of Special Needs Development
Coastal
High Hazard Area
A. Amend a portion of the 911.10(4) use table, as follows.
B. Amend section 971.28(4), to read as follows:
"(4) Homes for the aged, including nursing homes, rest homes; convalescent homes,
intermediate care facilities, and continuing care facilities (administrative permit and
special exception).
Ua� District
requiring
administrative
Additional
permit
(pursuant to provisions
of
971.04):
MED
in strtke thrott
Lc)(b)
requirements:
from
law. Words
are existing
(j2)(t Districts requiring special exception approval, (pursuant to the
provisions of 971.05): CL CG.
1. A site plan, pursuant to the requirements of Chapter 914.
2. A license issued by the State of Florida, pursuant to Chapter
400 of the Florida Statutes.
(d)(e) Criteria for nursing homes, rest homes, convalescent homes and
homes for the aged.
1. All such facilities shall be located near a collector or arterial
roadway;
2. Type "D" buffering shall be required along the perimeter
boundaries of the site. Along boundaries where more intense
buffering is required, the more intense buffering requirements
shall apply.
3. Adult congregate living facilities, nursingh, homes for the aged, total
care facilities roup homes, and similar developments shall not be located
in the Coastal High Hazard Area."
C. Amend section 971.28(3), specific land use criteria for group homes and adult living
facilities in residential and commercial districts, to add subsection 971.28(3)(f), to
read as follows:
Adult congregate living facilities, nursing homes, homes for the aged, total care
facilities, group homes, and similar developments shall not be located in the Coastal
High Hazard Area."
8. Home Occupations
Amend section 912.05(6), to read as follows:
(6) Home occupations.
(A) Authorizations. Home occupations are permitted in any dwelling unit subject to the
following provisions:
Additional
Coding:
information
Words
in strtke thrott
Lc)(b)
requirements:
from
1. A site plan, pursuant to the requirements of Chapter 914.
2. A license issued by the State of Florida, pursuant to Chapter
400 of the Florida Statutes.
(d)(e) Criteria for nursing homes, rest homes, convalescent homes and
homes for the aged.
1. All such facilities shall be located near a collector or arterial
roadway;
2. Type "D" buffering shall be required along the perimeter
boundaries of the site. Along boundaries where more intense
buffering is required, the more intense buffering requirements
shall apply.
3. Adult congregate living facilities, nursingh, homes for the aged, total
care facilities roup homes, and similar developments shall not be located
in the Coastal High Hazard Area."
C. Amend section 971.28(3), specific land use criteria for group homes and adult living
facilities in residential and commercial districts, to add subsection 971.28(3)(f), to
read as follows:
Adult congregate living facilities, nursing homes, homes for the aged, total care
facilities, group homes, and similar developments shall not be located in the Coastal
High Hazard Area."
8. Home Occupations
Amend section 912.05(6), to read as follows:
(6) Home occupations.
(A) Authorizations. Home occupations are permitted in any dwelling unit subject to the
following provisions:
Coding:
Words
in strtke thrott
type
deletions
from
law. Words
are existing
underlined are
additions.
10
(B) Authorized home occupations. The following home occupations shall be permitted
uses, subject to the requirements of this section and the respective zoning district.
1. Artists and sculptors;
2. Authors and composers;
3. Dressmakers, seamstresses and tailors;
4. Computer programming;
5. Home crafts, such as model making, rug weaving, lapidary work, and
ceramics;
6. Office facility of a minister, rabbi, priest or other similar person associated
with a religious organization;
7. Office facility of a salesman, sales representative, or manufacturers
representative, provided that no retail in person or wholesale transactions are
made on the premises, and that no clients are attracted to the premises;
8. Telephone answering services;
9. The renting of not more than one room for rooming or boarding persons who
are not transients;
10. Similar uses which do not involve in person retail or wholesale sales
transactions on the premises, employment of persons on the premises other
than occupants of the dwelling, and any mass production assembly,
processing, or fabrication operations.
(C) Non -authorized home occupations. The following are not permissible home
occupations:
1. Automotive:xepair or paint shops;
2. Barber shops and beauty shops;
3. Child care centers;
4. Dog grooming services;
5. Food service establishments;
6. Funeral chapels, funeral homes;
7. Giftshops;
8. Massage parlors;
9. Nursing homes;
10. Medical or dental laboratories;
11. Outdoor repair;
12. Rental of any equipment or other items;
13. Restaurants;
14. Veterinary hospitals and clinics;
Coding: Words in strip type are deletions from existing law. Words underlined are
additions. 11
15. Similar uses not strictly in compliance with this section and the spirit and
intent of the zoning ordinance and the Indian River County Comprehensive
Plan.
(D) Use limitations. In addition to the regulations applicable in the zoning district in
which located, all home occupations shall be subject to the following limitations and
requirements.
Location. A home occupation shall be conducted within a dwelling which is
the bona fide residence of the principal practitioner or in any building
accessory thereto which is normally associated with a residential use.
3. Exterior alterations. No alterations to the exterior appearance of the principal
residence or premises shall be made which change the character thereof as a
residence.
4. Outdoor display or storage. No outside display of goods or outside storage
of equipment or material used in the home occupation shall be permitted.
5. Employees. No persons other than a member of the immediate f Inily
OCCUPYIng Such an occupant of the dwelling shall be allowed to work
employeel on the premises. Non-resident employees may be employed under
the home occupation, but only for off -premise conduct of the home
occupation. In such cases, no more than two non-resident employees shall
be allowed to park their vehicles or meet on the home occupation premises.
6. Level of activity. The use of the dwelling unit for the home occupation shall
be clearly incidental and subordinate to its use for residential purposes by its
occupants, and shall under no circumstances change the residential character
thereof.
7. fraffie/pParking. No traffic shall be generated by such home occupation i!
greater volurnes than would normally be expected in a residentiai
neighborhood, and any '10 r Parking generated by the conduct of such
home occupation shall be met off the street.
8. Equipment processes. No equipment or process shall be used in such home
occupations which creates noise, vibration, glare, fumes, odors, or electrical
interference detectable to the normal senses off the premises. In the case of
electrical interference, no equipment or process shall be used which creates
visual or audible interference in any radio or television receivers off the
premises.
9. Signs. No signs accessory to such home occupation shall be displayed except
as permitted or authorized by applicable county sign regulations.
10. Licenses, permits. A home occupation shall be subject to all applicable
licenses and permits.
(E) Application and fees. Any person desiring to establish a home occupation, as
authorized herein, shall submit an application for a home occupation permit to the
planning division. The application shall be on a form provided by the planning
division and shall include all information required for a complete application. All
such applications shall also be accompanied by a fee, as established by the board of
county commissioners. Applications shall be approved, approved with conditions, or
denied by the community development director.
Coding: Words in Arike-throd l3 type are deletions from existing law. Words underlined are
additions. 12
be displayed
2. Merchandise.
No stock
in trade shall
or sold
on the premises.
3. Exterior alterations. No alterations to the exterior appearance of the principal
residence or premises shall be made which change the character thereof as a
residence.
4. Outdoor display or storage. No outside display of goods or outside storage
of equipment or material used in the home occupation shall be permitted.
5. Employees. No persons other than a member of the immediate f Inily
OCCUPYIng Such an occupant of the dwelling shall be allowed to work
employeel on the premises. Non-resident employees may be employed under
the home occupation, but only for off -premise conduct of the home
occupation. In such cases, no more than two non-resident employees shall
be allowed to park their vehicles or meet on the home occupation premises.
6. Level of activity. The use of the dwelling unit for the home occupation shall
be clearly incidental and subordinate to its use for residential purposes by its
occupants, and shall under no circumstances change the residential character
thereof.
7. fraffie/pParking. No traffic shall be generated by such home occupation i!
greater volurnes than would normally be expected in a residentiai
neighborhood, and any '10 r Parking generated by the conduct of such
home occupation shall be met off the street.
8. Equipment processes. No equipment or process shall be used in such home
occupations which creates noise, vibration, glare, fumes, odors, or electrical
interference detectable to the normal senses off the premises. In the case of
electrical interference, no equipment or process shall be used which creates
visual or audible interference in any radio or television receivers off the
premises.
9. Signs. No signs accessory to such home occupation shall be displayed except
as permitted or authorized by applicable county sign regulations.
10. Licenses, permits. A home occupation shall be subject to all applicable
licenses and permits.
(E) Application and fees. Any person desiring to establish a home occupation, as
authorized herein, shall submit an application for a home occupation permit to the
planning division. The application shall be on a form provided by the planning
division and shall include all information required for a complete application. All
such applications shall also be accompanied by a fee, as established by the board of
county commissioners. Applications shall be approved, approved with conditions, or
denied by the community development director.
Coding: Words in Arike-throd l3 type are deletions from existing law. Words underlined are
additions. 12
(F) Appeal of community development director decisions. The community development
director's decision on a home occupation application may be appealed within ten (10)
working days of the date the decision is rendered. Any appeal may be made by an
applicant or affected parry. Any valid appeal must be received in writing by the
planning division within ten (10) working days of the director's decision. The appeal
shall state what aspect of the decision is being appealed and the reasons for and
justification for the appeal with specific reference to the regulations and requirements
of this subsection. The appeal shall be heard by the planning and zoning commission.
Decisions of the planning and zoning commission may be appealed to the board of
county commissioners. The appeal process is also defined in Chapter 902 of the land
development regulations.
9. Private Access Road Frontage
A. Amend section 913:06(1)(A),(B),and(c), to read as follows:
(1) Unlawful activity. It shall be unlawful and subject to the penalties provided herein for any
person to:
(A) Create a subdivision without first complying with the provisions of this chapter and
filing a plat approved by the board of county commissioners unless exempt under
section 913.06(2). The dividing of land into two (2) or more parcels without filing
a plat under the provisions of this chapter, where the land divided was the result of
a previous division of land into two (2) or more parcels which occurred after July 23,
1983, is prohibited.
(B) . Divide property by any means for the purpose of sale or transfer of title unless each
of the resulting parcels has at least the minimum area and width requirements
prescribed by the zoning regulations and land use plan of Indian River County as
applied to the lots created, unless exempt under sections 913.06(2) or 913.09(6).
(C) Divide property after December 8, 1973 by any means where a resulting lot does not
have frontage on: a dedicated public right-of-way, private platted right -of --way
(street), or a roadway historically and currently maintained by the county, as
referenced on the county road grading map, of at least:
1. Sixty (60) continuous feet, unless exempted under section 913.06(2), or
unless the lot fronts upon a cul-de-sac or -curve and meets the requirements
of section 913.09(6)(C), for properties located within the A-1, A-2, A-3, Con -
2, Con -3, RFD and RS -1 zoning districts;
2. The minimum lot width of the zoning district applicable to the lot(s) created
for properties located within zoning districts other than those referenced in
the above paragraph 1., unless exempted under section 913.06(2), or unless
the lot fronts upon a cul-de-sac or curve and meets the requirements of
section 913.09(6)(c).
Access, ingress/egress, or other easements shall not be deemed to constitute
a publicly dedicated road right-of-way unless previously dedicated to and
accepted by the county. Private access easements shall be considered "private
platted rights -of --way (street)" for purposes of this section, if.
a. The physical roadway located within the easement (s) existed prior to
the•county's road frontage requirement (December 8, 1973);x, The
alignment of the physical roadway may be shifted from its 1973
location if the roadway remains in the same general location and
retains its 1973 beginning and ending points; and
b. The physical roadway has aasp sable width for 'two-way traffic
meeting county local road standards (twenty (20) feet for single-
family development); and
Coding: Words in strike thratt type are deletions from existing law. Words underlined are
additions. 13
C* A notarized letter, acceptable to the County Attorneys office in regard
to form and legal sufficiency, from the person or entity responsible
for road maintenance is filed with the county and recorded in the
public records, indicating the person or entity responsible for
maintenance and the method of maintenance performed; and
d. The person(s) proposing the lot split files for and obtains
administrative approval from staff, verifying that requirements are
satisfied regarding private road right -of --way frontage.
Note: Parcels created between September 21, 1990 and December 4, 1991 are subject
to the sixty (60) contiguous feet (rather than a minimum lot width) frontage
requirement, regardless of the zoning district in which the property is located.
Be Amend section 912.06(3)(C)2., to read as follows:
2. The minimum lot width of the zoning district applicable to the lot(s) created for properties
located within zoning districts other than those referenced in the above paragraph 1., unless
exempted under section 913.06(2), or unless the lot fronts upon a cul-de-sac or curve and
meets the requirements of section 913.09(6)(c).
Access, ingress/egress, or other easements shall not be deemed to constitute
a publicly dedicated road right -of --way unless previously dedicated to and
accepted by the county. Private access easements shall be considered "private
platted rights -of --way (street)" for purposes of this section, if.
a. The physical roadway located within the easement (s) existed prior to
the county's road frontage requirement (December 8, 1973)A, -Md. The
alignment of the physical roadway may be shifted from its 1973
location if the roadway remains in the same general location and
retains its 1973 beginning and ending points, and
b. The physical roadway has aasp sable width for two-way traffic
meeting county local road standards (twenty (20) feet for single-
family development); and
c. A notarized letter, acceptable to the County Attorneys office in regard
to form and legal sufficiency., from the person or entity responsible
for road maintenance is filed with the county and recorded in the
public records, indicating the person or entity responsible for
maintenance and the method of maintenance performed; and
d. The person(s) proposing the lot split files for and obtains
administrative approval from staff, verifying that requirements are
satisfied regarding private road right -of --way frontage.
Note: Parcels created between September 21, 1990 and December 4, 1991 are subject
to the sixty (60) contiguous feet (rather than a minimum lot width) frontage
requirement, regardless of the zoning district in which the property is located.
10. 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 which conflict with the provisions of this ordinance are hereby
repealed to the extent of such conflict.
Coding: Words in strtite titrott type are deletions from existing law. Words underlined are
additions. 14
11. CODIFICATION
The provisions of this ordinance shall be incorporated into the County Code and the word
"Ordinance" may be changed to "section", "article", or other appropriate word, and the sections of
this ordinance may be renumbered or relettered to accomplish such intentions.
12. SEVERABILITY
If any section, part of a sentence, paragraph, phrase or word of this ordinance is for any
reason held to be unconstitutional, inoperative or void, such holdings shall not affect the remaining
portions hereof and it shall be construed to have been the legislative intent to pass this ordinance
without such unconstitutional, invalid or inoperative part.
13. EFFECTIVE DATE
The provisions of this ordinance shall become effective upon filing with the Department of
Approved and adopted by the Board of County Commissioners of Indian River County,
Florida on this 5 day of M a y
1999.
This ordinance was advertised in the Vero Beach Press -Journal on the 10 day of
A p r i 1 , 1999, and on the _2_ day of A p r i 1 , 1999, for public hearings
to be held on the 19 day of A p r i 1 . , 1999, and on the 4 day of
May , 1999 at which time at the final hearing it was moved for adoption by
Commissioner St a n b r i dg e , seconded by Commissioner G i n n
and adopted by the following vote;
The ordinance was adopted by a vote of :
Chairman Kenneth R. Macht
Vice Chairman Fran B. Adams
Commissioner Ruth Stanbridge
is nneth R M
r�
� Jac � .
ATTEST.B 4T
A
Acknowledgment by the Department of State of the S1
1999.
Effective Date: Filed with the Department of State on the4
tch`tihman
j ,ff.
r4
94KNOW It
k
Qf Flgit a this I . day of
yy,
day of , 1999.
Coding: Words in strike thratt type are deletions from existing law. Words underlined are
additions. 15
Commissioner
Commissioner John
W.
Tippin
Caroline
D.
Ginn
is nneth R M
r�
� Jac � .
ATTEST.B 4T
A
Acknowledgment by the Department of State of the S1
1999.
Effective Date: Filed with the Department of State on the4
tch`tihman
j ,ff.
r4
94KNOW It
k
Qf Flgit a this I . day of
yy,
day of , 1999.
Coding: Words in strike thratt type are deletions from existing law. Words underlined are
additions. 15
Commissioner John
W.
Tippin
is nneth R M
r�
� Jac � .
ATTEST.B 4T
A
Acknowledgment by the Department of State of the S1
1999.
Effective Date: Filed with the Department of State on the4
tch`tihman
j ,ff.
r4
94KNOW It
k
Qf Flgit a this I . day of
yy,
day of , 1999.
Coding: Words in strike thratt type are deletions from existing law. Words underlined are
additions. 15
William G. Collins
u\d\s\ldrriv.mem
Coding: Words in strike tnfougft type are deletions from existing law. Words underlined are
additions. 16