HomeMy WebLinkAbout1996-05ORDINANCE NO. 96- 5_
AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING
THE FOLLOWING CHAPTERS OF THE LAND DEVELOPMENT
REGULATIONS (LDRS) TO ALLOW CEMETERIES AS A SPECIAL
EXCEPTION USE IN THE RFD, RS -1, RS -2, RS -3, RS -61 RT -6,
RM -3, RM -4, RM -6, RM -8, RM -10, AND ROSE -4 ZONING
DISTRICTS: CHAPTER 911, ZONING; 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 code sections be
amended as follows..
A. Amend, a portion of the use table of section 911.06(4), as
follows:
A-1 A-2 A-3 RFD RS -1
Cemeteries S S S S S
B. Amend a portion of the use table of section 911.07(4), as
follows:
Institutional RS -2 RS -3 RS -6 RT -6
Cemeteries S S S S
C. Amend a portion of the use table of section 911.08(4), as
follows:
Institutional RM -3 RM -4 RM -6 RM -8 RM -10
Cemeteries S S S S S
D. Amend a portion of the use table of section 911.13(3)(c), as
follows:
Public Services Uses
Cemeteries
E. Amend the specific land use criteria of section 971.28(8), as
follows:
(8) Cemeteries (special exception).
(a) Districts requiring special exception approval,
(pursuant to the provisions of 971.05): A-1, A-2,
A-3.
Criteria
1.
Allowing
cemeteries as
a special exception
use
in residential
areas.
cemeteries:
A. Amend, a portion of the use table of section 911.06(4), as
follows:
A-1 A-2 A-3 RFD RS -1
Cemeteries S S S S S
B. Amend a portion of the use table of section 911.07(4), as
follows:
Institutional RS -2 RS -3 RS -6 RT -6
Cemeteries S S S S
C. Amend a portion of the use table of section 911.08(4), as
follows:
Institutional RM -3 RM -4 RM -6 RM -8 RM -10
Cemeteries S S S S S
D. Amend a portion of the use table of section 911.13(3)(c), as
follows:
Public Services Uses
Cemeteries
E. Amend the specific land use criteria of section 971.28(8), as
follows:
(8) Cemeteries (special exception).
(a) Districts requiring special exception approval,
(pursuant to the provisions of 971.05): A-1, A-2,
A-3.
1. No areas used for burial, including buildings
such as mausoleums and columbariums, shall be
located closer than one hundred (100) feet to
any property line abutting a residential use
or a residentially designated property, or
closer than fifty (50) feet to any property
not designated or used residentially.
Coding: Words in • . -. 11 type are deletions from existing law.
Words underlined are additions.
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Criteria
for
(b)
cemeteries:
1. No areas used for burial, including buildings
such as mausoleums and columbariums, shall be
located closer than one hundred (100) feet to
any property line abutting a residential use
or a residentially designated property, or
closer than fifty (50) feet to any property
not designated or used residentially.
Coding: Words in • . -. 11 type are deletions from existing law.
Words underlined are additions.
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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" 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 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.
3. The applicant must demonstrate compliance with
all applicable requirements from the
department of health and rehabilitative
services and other jurisdictional agencies.
4. Crematoriums shall not be allowed as accessory
uses to cemeteries, and are allowed only in
the zoning districts where such a use is
specifically allowed (reference Chapter 911).
5. The cemetery site shall be accessed from a
Thoroughfare Plan Road, unless otherwise
approved by the public works department.
6. The site plan for the cemetery shall indicate
that the internal driveway design accommodates
the on site queuing of 20 or more automobiles.
7. The applicant shall submit certification from
a professional engineer that the site's
groundwater characteristics will adequately
accommodate normal burial -related structures.
2. 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.
3. CODIFICATION
The provisions o
the County Code and
"section", "article",
of this ordinance may
such intentions.
4. 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
Coding: Words in . . -. . type are deletions from existing law.
Words underlined are additions.
2
legislative intent to pass this ordinance without such
unconstitutional, invalid or inoperative part.
5. EFFECTIVE DATE
Approved and adopted by the Board of County Commissioners of
Indian River County, Florida on this 27th day of F e h r i, a ry 01
1996.
This ordinance was advertised in the Vero Beach Press -Journal on
the 5th day of February 1996, and on the 19th day of
February , 1996, for public hearings to be held on the 13th
day of February 1996, and on the 27th day of
February 1996 at which time at the final hearing it was
moved for adoption by Commissioner Eggert seconded
by Commissioner Bird , and adopted by the
following vote;
Chairman Fran B. Adams Aye
Vice Chairman Carolyn K. Eggert Aye
The
provisions
of this
ordinance
shall
W.
become
effective upon
William
Deputy
G. Collins
County
Attorney
II
Commissioner
Richard
filing
N.
with the
Department of
State.
Approved and adopted by the Board of County Commissioners of
Indian River County, Florida on this 27th day of F e h r i, a ry 01
1996.
This ordinance was advertised in the Vero Beach Press -Journal on
the 5th day of February 1996, and on the 19th day of
February , 1996, for public hearings to be held on the 13th
day of February 1996, and on the 27th day of
February 1996 at which time at the final hearing it was
moved for adoption by Commissioner Eggert seconded
by Commissioner Bird , and adopted by the
following vote;
Chairman Fran B. Adams Aye
Vice Chairman Carolyn K. Eggert Aye
BOARD OF COUNTY COMMISSI.ONERS�
OF INDIAN RIVER COUNTY ``' ''
R a:
:J A
By��� r
Fran B. Adams°,.$,a-Cha i:r
ATTEST BY :
Nf f Bey..
tt
Acknowledgement by the Department of Sta e_of the`tatf
this i �iay of , 1996. ti
h, .y
Effective Date: Filed with the Department of',State
day of March 1996 , '.```
4�
��
Commissioner
John
W.
Tippin
Aye
William
Deputy
G. Collins
County
Attorney
II
Commissioner
Richard
N.
Bird Aye
Commissioner
Kenneth
R.
Macht Aye
BOARD OF COUNTY COMMISSI.ONERS�
OF INDIAN RIVER COUNTY ``' ''
R a:
:J A
By��� r
Fran B. Adams°,.$,a-Cha i:r
ATTEST BY :
Nf f Bey..
tt
Acknowledgement by the Department of Sta e_of the`tatf
this i �iay of , 1996. ti
h, .y
Effective Date: Filed with the Department of',State
day of March 1996 , '.```
4�
��
William
Deputy
G. Collins
County
Attorney
II
u\c\s\ldr\cemetery.ord
Slerk
,of Florida
on the 5th
APPROVED AS TO PLANNING MATTERS
42 40 =-40
obert M. Keating' &ICP
Community Developm nt Di ector
Coding: Words in =5S2gQL*jL6A9j1 type are deletions from existing law.
Words underlined are additions.
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