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ORDINANCE NO, 97- 29
AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, CHANGING
THE LIST OF PERMITTED USES WITHIN THE A-1, A-2, A-3, PRO, OCR,
CN, CL, AND CG ZONING DISTRICTS, AND AMENDING THE
FOLLOWING CHAPTERS OF THE LAND DEVELOPMENT REGULATIONS
(LORS): CHAPTER 911, ZONING; CHAPTER 917, ACCESSORY USES AND
STRUCTURES; CHAPTER 926, LANDSCAPE AND BUFFER
REGULATIONS; CHAPTER 932, COASTAL MANAGEMENT; CHAPTER
952, TRAFFIC; 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:
Amend a portion of the use table of LDR section 911.06(4) to read as follows:
"Uses
A-1 A-2 A-3 RFD RS4
AGRICULTURAL
Nursery and greenhouses
Noncommercial P P P A A
Commercial (cultivation, wholesaling,
and off-site landscaping services allowed;
no retail sales allowed on-site) P P P -- --"
A. Amend a portion of the use table in LDR section 911.10(4), as follows.
if PRO OCR MED CN CL CG CH
Auto Repair, Services and Parking
Automotive fluid sales and services
(other than gasoline) -- -- -- -- A A P P"
B. Amend LDR section 971.12(3)(a) as follows:
(a) District requiring administrative permit approval, (pursuant to the
provisions of 971.05): CG.
C. Amend LDR sections 971,44(1)(d) and (e) as follows:
"(d) All commercial communications towers one hundred fifty (150) feet and
taller: special exception use approval is required. Criteria 1-x'17, as
specified in subsection (g) below must be satisfied for approval of any
application. Applies in the following districts: A-2, A-3, Con -1, IL, and
IG.
(e) Non -conforming commercial towers may be replaced with a new tower
that does not meet the setback standards of criteria (g)1. below if: the
degree of setback non -conformity is not increased, the tower is designed
"(3)
Self-service
storage
facilities
(administrative
permit),
(a) District requiring administrative permit approval, (pursuant to the
provisions of 971.05): CG.
C. Amend LDR sections 971,44(1)(d) and (e) as follows:
"(d) All commercial communications towers one hundred fifty (150) feet and
taller: special exception use approval is required. Criteria 1-x'17, as
specified in subsection (g) below must be satisfied for approval of any
application. Applies in the following districts: A-2, A-3, Con -1, IL, and
IG.
(e) Non -conforming commercial towers may be replaced with a new tower
that does not meet the setback standards of criteria (g)1. below if: the
degree of setback non -conformity is not increased, the tower is designed
ORDINANCE NO. 97- 29
for and used by multiple users, and the applicable approval procedures and
criteria for the type of tower specified in (a) -(d) above are satisfied.
Commercial communications towers over seventy (70) feet tall may
be approved as a special exception use on a publicly owned site in
any zoning district, subject to satisfying criteria 144 17 of
subsection (g) below, and subject to the following:
a. The site shall be twenty (20) acres or larger in size, and
b. The proposed tower shall be set back from the nearest
boundary of developable private property a distance equal
to three hundred (3 00) percent of the tower height."
Amend section 952.12(1)(b) as follows:
"(b) Drive-in facilities having one window or bay shall have sufficient on-site storage to
accommodate a minimum of five (5) queued vehicles, or one hundred (100) feet.
Drive-in facilities having in excess of one window or bay shall provide on-site
storage in accordance with the following standards:
2 8 vehicles/160 ft.
3 10 vehicles/200 ft.
4 13 vehicles/260 ft.
5 16 vehicles/320 ft.
6 19 vehicles/380 ft.
These standards may be reduced by the community development director upon
showing of good cause."
Number
of Drive
-In
Windows
or Bays
The
Queue Distance
2 8 vehicles/160 ft.
3 10 vehicles/200 ft.
4 13 vehicles/260 ft.
5 16 vehicles/320 ft.
6 19 vehicles/380 ft.
These standards may be reduced by the community development director upon
showing of good cause."
4. COUNTY REVIEW & PERMITTING OF SEAWALLS IN THE CITY OF VERO
BEACH.
Amend county code section 932.04 as follows:
"(1) This chapter is enacted pursuant to the authority vested in the board of county
commissioners by virtue of Article VIII, Section, (1) of the Constitution of the State of
Florida and Florida Statutes, Chapter 125.01 and Chapter 163.3202.
(2) This chapter shall be applicable to all land and aquatic areas lying within the
unincorporated area of Indian River County, Florida.
(3) Subsections 932.06U7), Seawalls and bulkheads, and 932.06U9), Emergency
provisions, of this Chapter shall be applicable to all oceanfront properties lying within the
municipal limits of the City of Vero Beach, Florida."
additions.
The
minimum
allowable
width
of
a
driving
aisle
serving
a
drive
-up
window,
(e.g.
feet
bank, restaurant
etc.) shall
be
nine
(9').
No
curb, machine,
equipment
or other
shall encroach
this
nine
-foot
wide
space.
protuberance
4. COUNTY REVIEW & PERMITTING OF SEAWALLS IN THE CITY OF VERO
BEACH.
Amend county code section 932.04 as follows:
"(1) This chapter is enacted pursuant to the authority vested in the board of county
commissioners by virtue of Article VIII, Section, (1) of the Constitution of the State of
Florida and Florida Statutes, Chapter 125.01 and Chapter 163.3202.
(2) This chapter shall be applicable to all land and aquatic areas lying within the
unincorporated area of Indian River County, Florida.
(3) Subsections 932.06U7), Seawalls and bulkheads, and 932.06U9), Emergency
provisions, of this Chapter shall be applicable to all oceanfront properties lying within the
municipal limits of the City of Vero Beach, Florida."
additions.
ORDINANCE NO, 97-�
5. SETBACKS FOR FRUIT SPREADING
A. Amend a portion of the use table of zoning ordinance section 911.06(4), to read as
follows:
A-1 A-2 A-3 RFD RS4
"Agricultural
General farming P P P -- --
Dairy farming A A A -- --
Livestock & poultry raising P P P -- --
Stables (noncommercial) P P P A A
Stable (commercial) P P P -- --
Sludge spreading A A A -- --
Tree farms P P P -- --
Kennel & animal boarding places
Commercial A A A -- --
Noncommercial P P P P A
Fruit & vegetable juice extractions
& packing houses A A A -- --
Small animal specialty farms A A A -- --
Tenant dwelling S S S -- --
Residential migrant housing facility S S S
*Nursery & greenhouses
Noncommercial P P P A A
Commercial P P P -- --
Agricultural businesses, excluding
wholesaling & processing S S S -- --
Agricultural industries S S S -- --
Fish farms A A A -- --
Agricultural research facilities A A A -- --
Aquaculture A A A A A
Fruit spreading rsubject to
section 917.06(15)1 P P P
*Editor's Note: changes are proposed under section 1 of this ordinance.
Be Establish section 917.06(15) of the accessory uses and structures ordinance to read
as follows:
"(U5 Fruit is permitted to be spread on land for live stock feed or as a soil
additive, as an accessory use to the agricultural use on site, subject to the
following restrictions:
1. Spreading of fruit is allowed on agriculturally zoned property only.
2. Fruit that is spread shall not be located closer than:
a. 300' from the nearest edgepublic road, and
b. 300' from a private supply notable water well, and
C, 300' from a lake, river, creek, or drainage district canal or
waterway, and
d. 500' from an occupied structure (residential or non-
residential, and
C. 1,500' from a public supply water well (as defined b, state
rule .
ORDINANCE NO. 97- 29
Establish a footnote to the "General and professional office" use category of the use table
of LDR section 911.10(4), to read as follows:
PRO OCR MED CN CL CG CH
"General and professional
office4 P P -- P P P --
Tses,
such
as
limousine
services
and construction
offices, which
would not be allowed
within
certain
zoning
districts,
such
as OCR
may be considered
general office uses and
All types of vehicles [reference 911.15(3)(a)l and materials kept on site shall be
limited to those materials and types of vehicles allowed in residential areas.
The number of vehicles used for business purposes and that meet the above
condition and that are kept on site shall be limited to 25% of the number of
parking spaces required for the office use.
Except for vehicle parking, all uses shall be conducted within an office building.
Amend landscaping chapter section 926.06(3)(a) -(d) as follows:
(3) Trees.
1. Canopy trees shall be species having an average mature spread of
crown of greater than fifteen (15) feet (under local climatic
.........................
......................:......
conditions) and W1y having a trunk(s) with over five (5) feet
...:..:..:...:...
of clear wood. "Clear wood" refers to that portion of the trunk
between the ground and the lowest lateral limbs.
2. Installed canopy trees shall be considered "mature" 7 years after
installation.
3. Clusters of palms can be used as a canopy tree provided that a
minimum of 3 palms are clustered to equal one canopy tree.
However, the 3 to 1 clustering_ requirement can be reduced or
eliminated by the community development director or his designee
for palms with large canopies such as -.Cana
.... a Island date palms.
(b) Trees having an average mature spread of crown less than fifteen (15) feet
may be substituted by grouping the same so as to create the equivalent of a
fifteen -foot crown spread.
(c) Palms clusters shall be considered trees_ rz Palms, if used, P. W12 shall
consist of no mote than fifty (50) percent of the total new tree requirement
when said palms are existing on the site or are relocated on the same site.
additions.
ORDINANCE NO, 97- 29
Tree Sizes:
1. Required canopy trees shall be a minimum of ten (10) feet overall
in height and two (2) inchdiameter at 0.5' aboverg ade, at the time
of planting, except as follows:
a. _Within the Wabasso and SR 60 corridor areas, required
canopy trees shall be a minimum of twelve (12) feet overall
in height, minimum two (2) inch diameter at 0.5' above
grade, and 6' minimum spread at time of planting. When
palm clusters are used, the 10' and 12' minimum shall be
provided as clear wood, rather than an overall tree height.
b. Where a building between 12' and 25' in height is proposed
to be located within 50' of a perimeter property line,
canopy trees within required buffers (Types A -D) located
between the building and a site perimeter shall be a
minimum of 12' in height and a 2" diameter at 0.5' above
grade at planting and a minimum 6' spread, except that at
least one-third of the required buffer canopy trees shall be a
minimum of 16' in height and 3" diameter at 0.5' above
grade and a minimum 8' spread at time of planting. Where a
building between 12' and 25' in height is proposed more
than 50' from a perimeter, the canopy tree height
requirements of (d) 1, above, shall apply to canopy trees
within the buffer.
C, Where a building over 25' in height is proposed to be
located within 70' of a perimeter property line, ine, all canopy
trees within required buffers (Types A -D) located between
the building and a site perimeter shall be a minimum of 16'
in height and a 3" diameter at 0.5' above grade and a
minimum 8' spread at planting. Where a building over 25' in
height is proposed more than 70' from a perimeter, the
canopy trheight requirements of (d) 1 above, shall apply
to canopy trees within the buffer.
2. Required understory trees shall be a minimum of five (5) feet
overall in height and one (1) inch diameter at 0.5' above grade
the time of planting. Multi -trunk trees shall have a 1" caliper for all
trunks at 6" above grade.
(3) Parking area interior landscaping.
Amending landscaping
926.09(3):
chapter section
(a) For
(3) Parking area interior landscaping.
(a) For
off-street
parking (driving
aisles, driveways,
parking
spaces,
loading
areas),
(driving
areas
equal
aisles,
to at
driveways,
least
parking
ten (10) percent
spaces,
loading
of the total
areas)
paved
shall be
area
provided
interior
landscaping.
with
Please
see graphic
at
end of
this chapter
illustrating
how
is
this requirement
calculated.
ORDINANCE NO. 97- 29
ground cover or other authorized landscaping material not to exceed three
(3) feet in height.
1. To preserve adequate sight distance, end islands at intersections of
internal driveways shall be designed and maintained to preserve a
visual "clear window" for the area between 3' and 7' above the
adjacent parking lotrg ade.
(c) The total number of trees shall
feet fraction
not
be less than
one
interior
for each three hundred
landscaped
(300) square of
thereof
of required
area.
Such landscaped areas shall
be located
in such
a manner
as to divide
and
break
up the expanse of
paving.
(d) When, upon the request of the developer and in the opinion of the
community development director, the placing of all required interior trees
would create an impractical landscape effect, a portion of the required
interior trees may be placed along the perimeter of the parking area to
satisfy this requirement.
(e) The area to be counted for interior landscaping requirements shall be
graphically depicted on landscape plans by cross -hatching or other graphic
means.
additions.
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ORDINANCE NO. 97-29
8. LANDSCAPE MAINTENANCE & REPLACEMENT
Amend landscape chapter section 926.12 as follows:
(1) Installation.
(.a) All landscaping shall be installed in a sound workmanlike manner and
according to accepted good planting procedures, with the quality of plant
materials as hereintr described. Prior to or at the time a certificate of
occupancy inspection is requested of code enforcement staff, the project
landscape architect or landscape contractor shall certify in writing the date
he or she last inspected the landscape installation and that all installed
landscape material that is required by ordinance is Florida No. 1 or better.
All elements of landscaping, exclusive of plant material, shall be installed so
as to meet all other applicable ordinances and code requirements.
Landscaped areas shall require protection from vehicular encroachment. A
code enforcement official shall inspect all landscaping, and no final
certificates of occupancy or similar authorization will be issued unless the
landscaping meets the requirements provided herein.
Bonding
installation.
landscape
be
(b)
to
guarantee
Required
materials
can
bonded
-out
for future
installation
in
the
event of a Board
of
County
Commissioners
disaster
freeze hurricane)
recognized
(e.g.
or
that
adversely
landscape
At
it
affects
availability
of
materials.
the time
that
recognizes
such a
disaster,
the
Board
shall
set a
timeframe
by which
required
landscaping
be installed.
must
In addition to bonding=out after such disasters, the Planning and Zoning
Commission is authorized to approve bonding -out for installation of
required landscape materials where such installation needs to be delayed in
coordination with adjacent road construction that would disrupt adjacent
landscape areas.
To bond -out for future (post C.O.), installation, a cash bond must be
posted with the county in the amount of 115% of the contract installation
price,
(2) Maintenance.
(Ja The owner, or his agent, shall maintain all landscaping depicted on the
approved plan in good condition, so as to present a healthy, neat and
orderly appearance, free from refuse and debris, and in a manner quantity
and variety required by this article, for the duration of use of the site. All
landscaped areas shall be provided with an adequate irrigation system, as
provided for in section 926.11. Completed project sites shall be reviewed
periodically by code enforcement officials for compliance with these
provisions, and any violations shall be presented to the code enforcement
board.
Ub Native plant areas used for landscaping purposes may be left in their
natural condition, providing they are maintained so as not to create a health
or safety hazard. These areas may also be excluded from the water supply
requirements, providing they are in a healthy condition upon issuance of a
final certificate of occupancy. Consistent with section 929.08, all approved
additions.
ORDINANCE NO. 97m 29
sites and "native plant areas" shall be required to maintain the site free of
any nuisance exotic plant species.
(c) Mature trees shall not be pruned to reduce the canopy to less than the
minimum 15' spread, except for the removal of dead or diseased wood.
Replacement of Required Landscaping.
Required landscaping
that
be in the
has
died
or
has been
removed shall
be replaced
for each thirty
by
material which
is
equivalent
one canopy
to
the
size that the
material should
have
attained from
or
thereof.
the
time of
C.O. Certificate
Occupancy),
follows:
project
of
as
From 0-18 months after project C.O., landscape materials maybe replaced
at the sizes indicated on the approved site plan.
From 18 to 36 months after project C.O., replacement shrubs shall be a
minimum of 30" in height, replacement canopy trees shall be a minimum of
1. 16' in height and 3" diameter at 0.5' aboverg ade, and replacement
understory, trees shall be a minimum of 7' tall with a 1'/z" diameter at 0.5'
above grade.
iviore tnan sb momns arEer project u.�., repiacement SM DS snaii pe a
minimum of 36" in height, replacement canopy trees shall be a minimum of
at 18' in height with a 4"diameter at 0.5' aboverg ade, and replacement
understory trees a minimum of 10' with a 2" diameter at 0.5' aboverg ade.
All replacement material shall be the species shown on the approved site
plan or a substitute approved by the county in the specified location.
9. LANDSCAPING ALONG ROADWAYS
Amend landscaping chapter section 926.09 as follows:
feet in depth shall be located adjacent to the right-of-way along the site's entire
road frontage. Within the strip, landscaping shall be provided as follows:
Landscaping
2. Along collector'roads: one (1) canopy tree for each twenty-five
(2 5) lineal feet or fraction thereof for canopy trees 10' high at time
of planting or one 1 canopy tree for each thirty (30) lineal feet or
fraction thereof for canopy trees 12' high at time of planting,
be in the
following
1. Along
materials shall planted
quantities:
(1) tree
for each thirty
2. Along collector'roads: one (1) canopy tree for each twenty-five
(2 5) lineal feet or fraction thereof for canopy trees 10' high at time
of planting or one 1 canopy tree for each thirty (30) lineal feet or
fraction thereof for canopy trees 12' high at time of planting,
1. Along
local
(1) tree
for each thirty
30, lineal
roads:
one canopy
feet fraction
or
thereof.
2. Along collector'roads: one (1) canopy tree for each twenty-five
(2 5) lineal feet or fraction thereof for canopy trees 10' high at time
of planting or one 1 canopy tree for each thirty (30) lineal feet or
fraction thereof for canopy trees 12' high at time of planting,
ORDINANCE NO, 97- 29
3. Along arterial roads: one (1) understory tree for each twenty-five
(25) lineal feet or fraction thereof and one (1) canopy tree for each
twenty-five (2 5) lineal feet or fraction thereof for canopy trees 10'
high at time of planting or one (1) canopy tree for each thirty (30)
lineal feet or fraction thereof for canopy trees 12' high at time of
Planting,
Note: Trees are not required to be spaced uniformly along the landscape
strip. Different, special roadway landscgpingibuffering requirements apply
to projects within areas covered by adopted corridor plans such as the
Wabasso and SR 60 corridor plans.
trees planted.adjacent to a right-of-way, shall be planted in a planting area
of at least one hundred (100) square feet, with minimum dimensions being
at least ten (10) feet in any direction.
(c) In addition, a hedge, wall, fence or other durable landscape barrier of at
...................
...................
least fi zz.. three 3 feet in height above the adjacent parking lot grade
shall be maintained along the perimeter of such landscaped strip. Use of
landscaped berms is encouraged to meet this requirement.
(d) If such durable barrier is of nonliving material, at each ten (10) feet thereof,
one shrub or vine shall be planted abutting such barrier, but need not be
spaced ten (10) feet apart.
(e) Such shrubs or vines shall be planted along the street side of such barrier
unless they are of sufficient height at the time of planting to be readily
visible over the top of such barrier.
(f) The remainder of the required landscaped areas shall be landscaped with
grass, ground cover or other landscape treatment, excluding paving.
*Editor's Note: remaining portions of section 926.09 are unchanged.
Amend landscaping chapter section 926.10 as follows:
(1) General landscaping treatment. All nonvehicular open spaces on any site proposed
for development in all zoning districts, except for single family dwellings, shall
conform to the minimum landscaping requirements herein provided.
Grass, ground cover, shrubs, native plant areas and other landscaping materials
shall be used to treat all ground not covered by building, paving or other
structures,
ORDINANCE NO. 97- 29
(2) Trees required. Trees shall be planted in the nonvehicular open space to meet the
following requirements:
(a) Multiple -family residential zoning districts and mobile home residential
zoning districts requiring site plan approval: a minimum of one tree per
each two thousand (2,000) square feet of nonvehicular open space or
fraction thereof,
(b) Commercial zoning districts (except "heavy commercial") and medical
districts: a minimum of one tree per each three thousand (3,000) square
feet of nonvehicular open space or fraction thereof;
(c) Heavy commercial, and industrial zoning districts: a minimum of one tree
per each four thousand (4,000) square feet of nonvehicular open space or
fraction thereof.
10. LANDSCAPING CLEARANCE FROM ELECTRICAL FACILITIES
Establish landscaping chapter section 926.09(6); as follows:
L6) Landscaping near overhead electrical transmission or distribution lines
(a) When canopy trees are proposed to be planted within 30' (horizontal
distance) of overhead electrical transmission or distribution lines (not
service lines), the followingshll apply:
2. The distance from the estimated mature tree canopy ed eg to the
wire shall be at least 10'.
additions.
1. A cross-section
shall
be
on the landscape
depicting
provided
plan,
the
estimated
canopy
shape and
size at maturity
in
relation
to
the
location
of
the lowest
electrical
overhead transmission
or
distribution
wire, and
the distance
from the mature
tree canopy
edge
to
the
wire.
2. The distance from the estimated mature tree canopy ed eg to the
wire shall be at least 10'.
additions.
ORDINANCE. NO. 97- 29
Within a horizontal distance of 30' of an overhead electrical transmission or
distribution line (not a service line), in addition toeg nerally prohibited
exotic nuisance species, the following plant species are prohibited from
being used on any landscaping plan proposed for county approval: Earleaf
Acacia, Woman's Tongue Tree, Norfolk Island Pine, Bischofia, Schefflera,
Ear Tree, Eucalyptus, Non -Native Ficus, Silk Oak, Chinese Tallow Tree,
and Java Plum.
Establish landscaping chapter section 926.09(7)i as follows:
(7)Landscapinz near utility poles, ,Euy wires, and transformer pads. Trees, shrubs,
and vines shall be planted and maintained so as to provide a clearance of at
least 5' around utility poles, guy wires and anchors, and transformer pads.
Amend landscaping chapter section 926.08, as follows:
(1) A perimeter buffer is a landscaped strip along parcel boundaries that serves as a
buffer between incompatible uses and zoning districts, as an attractive boundary of
the parcel or use, or as both a buffer and attractive boundary. Existing native
vegetation and upland native plant communities as described in Chapter 929,
Upland Habitat Protection, may be utilized to meet buffer requirements.
(2) The width and degree of vegetation required depends on the nature of adjoining
thoroughfares and uses. Chapter 915, Planned Development, and Chapter 911,
Zoning, of the County Land Development Code, set forth buffer type requirements
for adjacent properties, based on land use and zoning districts.
(3) Buffer types and opaque features. There are four (4) buffer types to be utilized in
Indian River County. They are, in order of intensity, as follows: Type A buffer;
Type B buffer; Type C buffer and Type D buffer. Buffers may require opaque
features, including three foot and six foot opaque features, where specified in the
land development regulations.
Required
opaque
features
shall
consist
of a
solid
masonry
wall or
earthen
berm
unless the
Planning
and
Zoning
Commission
approves
a substitute
material
(such
as a completely
opaque
living
landscape
barrier)based
upon the
use
and
conditions
is
both
of the project
site
and
adjacent
site.
Landscaping
required
along
sides
of a
wall unless
otherwise
approved
by
the
Planning
and Zoning
Commission.
In cases where the abutting use/district is separated from the project site by a local
roads the buffer We shall be reduced one catego1y type (e.g. from Type "A" or
Type "B"), but the height of the opaque feature shall remain the same. In cases
where the abutting use/district is separated from the project site by a Thoroughfare
Plan road, the buffer We shall be reduced two category types e.g. "A" to "C")
but in all cases shall require at least a Type "D" buffer.
Required 3' and 6' opaque features shall be measured from the finished floor
elevation of the proposed structure(s). This requirement can be modified by the
Planning and Zoning Commission based upon grade differences and the
relationship between the height and mass of the proposed building and its setback
from the property line. The maximum required height of an opaque feature shall
be 8' above the site grade where the feature is located.
.ORDINANCE NO. 97-29
Hedge or shrub material within buffers may be reduced by 50% when a 6' wall or
fence is provided within the buffer, if the remaining amount of required shrub
material and at least 50% of required understory tree material are planted between
the project site perimeter and the wall or fence. Alternative planting locations may
be approved by the Planning and Zoning? Commission.
The standards for the buffer categories are set forth in the illustrations herein that specify
the number of plants required per one hundred (100) lineal feet. To determine the.total
number of plants required, the linear footage of each side of the property requiring a
buffer shall be divided by one hundred (100) and multiplied by the number of plants shown
in the illustration. The plants shall be spread in a reasonably even manner along the length
of the buffer. Buffer opaque feature options are also illustrated herein and are further
defined in Chapter 901, Definitions, of the County Land Development Code.
12. BUFFERS BETWEEN COMMERCIAL & RESIDENTIAL
Amend zoning chapter section 911.10(8), as follows:
Buffer yards are required along rear/side property lines and measured at right
angles to lot lines. All screening and buffering requirements shall meet the
standards established in section 926, Landscaping and Buffering. No parking or
loading shall be permitted within buffer yards.
When a loading dock is proposed to serve a use that normally requires frequent
dock use (e.g_grocery store, department store big box retail), and is to be located
adjacent to a residentially designated site, and will not be screened from view from
an adjacent residential site by an intervening building or structure, an 8' high wall
shall be required between the loading; dock and the residential site. Wall height
shall be measured from the grade elevation of the parkin area rea adjacent to the
loading dock. Plantings along the wall are required in accordance with the
standards of landscape section 926.08.
13, BUFFERS BETWEEN INDUSTRIAL & RESIDENTIAL
Amend zoning chapter section 911.11(7), as follows:
(7) Buffer yard requirements. Where a nonresidential use within an industrial district
directly abuts a single family or multi -family residential zoning district or use, a
landscaped buffer yard meeting the following specifications shall be required along
the side and/or rear property lines.
(8) Required
buffer
yards:
Abutting
Use/District
Single
Family
Multi
-Family
District
Buffer
Type
Buffer
Type
PRO
C - 6
ft.
Opaque
D
- 3
ft.
Opaque
OCR
C - 6
ft.
Opaque
D
- 3
ft.
Opaque
MED
C - 6
ft.
Opaque
D
- 3
ft.
Opaque
CN
B - 6
ft.
Opaque
C
- 6
ft.
Opaque
CL
B - 6
ft.
Opaque
C
- 6
ft.
Opaque
CG
B 6
ft.
Opaque
C
6
ft.
Opaque
-
-
CH
B - 6
ft. Opaque
B
- 6
ft.
Opaque
Buffer yards are required along rear/side property lines and measured at right
angles to lot lines. All screening and buffering requirements shall meet the
standards established in section 926, Landscaping and Buffering. No parking or
loading shall be permitted within buffer yards.
When a loading dock is proposed to serve a use that normally requires frequent
dock use (e.g_grocery store, department store big box retail), and is to be located
adjacent to a residentially designated site, and will not be screened from view from
an adjacent residential site by an intervening building or structure, an 8' high wall
shall be required between the loading; dock and the residential site. Wall height
shall be measured from the grade elevation of the parkin area rea adjacent to the
loading dock. Plantings along the wall are required in accordance with the
standards of landscape section 926.08.
13, BUFFERS BETWEEN INDUSTRIAL & RESIDENTIAL
Amend zoning chapter section 911.11(7), as follows:
(7) Buffer yard requirements. Where a nonresidential use within an industrial district
directly abuts a single family or multi -family residential zoning district or use, a
landscaped buffer yard meeting the following specifications shall be required along
the side and/or rear property lines.
ORDINANCE NO. 97- 29
District Single Family Zoning Multi -Family Zoning
IL Type A 6 ft. Opaque Feature Type A 6 ft. Opaque Feature
IG Type A 6 ft. Opaque Feature Type A 6 ft. Opaque Feature
The buffer yards shall be at right angles to the lot line. All screening requirements
shall meet the standards established in Chapter 926, Landscaping and Buffering.
No off-street parking or loading areas shall be permitted within the buffer yard.
When
loading
dock
is
frequent
dock
a
proposed
to
serve a
use requiring
use
(e.g_
grocery
store,
department
store),
and
is to be
located
adjacent
to
a
residentially
designated
site,
and
will not
be
screened
from
view
from
an adjacent
residential
site
by an
intervening
building
or structure,
an
8' high
wall
shall
be required
between
loading
dock
height
be
the
and
the
residential
site. Wall
shall
measured
from
loading
dock.
the
grade
elevation
of
the
parking
area
adjacent
to
the
Plantings
along
the
wall are
required
in accordance
with
the
standards
of landscape
section
926.08.
14. 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.
15. CODIFICATION
The provisions of this ordinance shall be incorporated into the County Code and the word
"Ordinance" may changed to "section", "article", or other appropriate ate word, and the sections
of this ordinance may be renumbered or relettered to accomplish such intentions.
16. 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.
17. 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 16 day of December
1997.
This ordinance was advertised in the Vero Beach Press -Journal on the 22 day of November
1997, and on the 8 day of December , 1997, for public hearings
to be held on the I day of December , 1997, and on the 16 day of
December 1997 at which time at the final hearing it was moved for adoption by
Commissioner Ti ppi n , seconded by Commissioner
Macht and adopted by the following vote;
additions.
ORDINANCE NO, 97- 29
Chairman Carolyn K. Eggert
Vice Chairman John W. Tippin
Commissioner Fran B. Adams
Commissioner Caroline D. Ginn
Commissioner Kenneth R. Macht
ATTEST BY:
Acknowledgment by the Department of State of the State of
December , 1997.
Effective Date: Filed with the Department of State on the
1997.
APPROVED AS TO LEGAL FORM
ft
William G. Collins
Deputy County Attorney
u\c\slldr\ 1297.Ora
this 29 h day of
December
of
APPROVED AS TO PLANNING MATTERS
Robert M. Keating, AICIryl
Community Development Dire