HomeMy WebLinkAbout2000-004•' � � • 111 11�
NOTICE OF AMENDMENT TO LAND DEVELOPMENT. REGULATIONS
(LDRS) CHANGING THE LIST OF PERMITTED USES WITHIN THE A4, A-2,
A-3, RFD, RS4, RS -2, RS -3, RS -6, RT -6, RM -3, RM4, RM -6, RM4 RM40,
CON -2, AND CON -3 ZONING DISTRICTS, AND AMENDING THE
FOLLOWING CHAPTERS OF THE LAND DEVELOPMENT REGULATIONS
(LDRS): CHAPTER 901, DEFINITIONS; CHAPTER 911, ZONING; 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. Defining limited use rights -of --way and yards that abut limited use rights -of --way as
sideyards.
A. Establish a definition of "limited use right-of-way" in LDR section 901.03, as follows:
B. Amend the definition of 'yard, front" as found in LDR section 901.03, as follows:
Yard, front on interior lots the yard being the minimum horizontal distance between the
structure and the street right -of --way. Yards adjacent to limited use rights-of-way are side
yards. On multi -frontage lots (including corner lots) all yards which abut a street right-of-
way are considered 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.
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Limited
use right
-of
wav
a right
-of
--way
dedicated
to
a
governmental
entity
that
is
limited
to
uses
that
do not
accommodate
general
vehicular
traffic.
A limited
use
right
-of
--way
may
be
used
for
non -general
vehicular
traffic
12=oLes
such
as for
pedestrian,
drainage,
and utilit
uses.
B. Amend the definition of 'yard, front" as found in LDR section 901.03, as follows:
Yard, front on interior lots the yard being the minimum horizontal distance between the
structure and the street right -of --way. Yards adjacent to limited use rights-of-way are side
yards. On multi -frontage lots (including corner lots) all yards which abut a street right-of-
way are considered 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 strike-thfough type are deletions from existing law. Words underlined are additions. u\d\ldr\021000.ord
ORDINANCE NO, 2000,,004
C. Amend the definition of 'yard, side " asfound in LDR section 901.03, as follows:
Yard, side a yard between any structure and the side line of the lot, and extending from the
front building setback line to the rear yard and being the minimum horizontal distance
between a side lot line and the side 'of any structure. A yard which is not a front or rear yard.
A ,yard that abuts a drainage district canal right -of --way or a county right-of-way designated
by the Board of County Commissioners as a limited use right-of-way (e.g. a right -of --way not
op
used for general vehicular trafficl.
2. Allowing use of docks and private observation/fishing piers on vacant single-family lots.
A. Amend a portion of the use table of LDR section 911.06(4) to read as follows:
Uses
family
docks
B. Amend
a of the table LDR
Single-family
docks
and
private
constructed
observation/fishing
prior
docks
piers
on vacant lots
A-1 A-2 A-3 RFD RS -1
A A A A A
Uses RS -2 RS -3 RS -6 RT w6
Single-family docks and private A A A A
observation/fishing piers on vacant lots
Co Amend a portion of the use table of LDR section 911.08(4) to read as follows:
Uses RM -3 RM -4 RM -6 RM -8 RM -10
Single-family docks and private A A A A A
observation/fishing piers on vacant lots
D. Amend a portion of the use table of LDR section 911.12(4) to read as follows:
family
docks
B. Amend
a of the table LDR
911.07(4) to
portion use of section
read
as follows:
Uses RS -2 RS -3 RS -6 RT w6
Single-family docks and private A A A A
observation/fishing piers on vacant lots
Co Amend a portion of the use table of LDR section 911.08(4) to read as follows:
Uses RM -3 RM -4 RM -6 RM -8 RM -10
Single-family docks and private A A A A A
observation/fishing piers on vacant lots
D. Amend a portion of the use table of LDR section 911.12(4) to read as follows:
(7) Single
family
docks
and
private
E. Specific land
971.41(7)
is hereby
to
constructed
Single-family
prior
docks
and
private
Con
-1
Con -2
Con -3
to the
construction
observation/fishing
of a
principal
single
family
piers
on
vacant lots
--
S
S
Gonstrueted
prior
to eonstmetion
of "m
(7) Single
family
docks
and
private
E. Specific land
971.41(7)
is hereby
to
constructed
use criteria section
prior
amended
read as follows:
(7) Single
family
docks
and
private
observatioWfishingpiers
constructed
prior
to the
construction
of a
principal
single
family
dwelling
unit
(administrative
if
permit:
no
planning
and
zoning
commission
review
or
approval
required
associated
with a
site plan
reviewed
as an
administrative
approval
or
minor
site
plan).
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I
(a) The construction of a single-family dock or private
observation/fishingnier on a lot prior to the construction of a
principal single-family dwelling unit on the same lot shall be
permitted for the purpose of providing waterfront property owners
use of their waterfront propedy vested riparian rights for access to the
adjacent waterbody.
(b) Districts requiring administrative permit approval, (pursuant to the
provisions of 971.04): A-1 A-2 A-3 RFD RS4 RS -2 RS -3 RS -6 RT -
6 RM -3 RM4 RM -6 RM4 RM4 0.
(c) Districts requiring special exception approval, (pursuant to the
provisions of 971.05): Con -2 Con -3.
A site plan showing the dimensions, elevations and location
of the dock structure;
2. All applicable local, state, and federal permits and/or leases
or consent of use agreements shall be submitted to the
planning division prior to release of the dock site plan.
(d) Additional
information
requirements:
(e) Criteria
for
single
family
docks (not applicable
A site plan showing the dimensions, elevations and location
of the dock structure;
2. All applicable local, state, and federal permits and/or leases
or consent of use agreements shall be submitted to the
planning division prior to release of the dock site plan.
1. The owner shall submit and record in the public records of
Indian River County an agreement that the dock will not be
used to moor watercraft unless such watercraft are owned and
registered in the name of the owner of the subject lot. Said
agreement shall also state that within,3 years of the issuance
of a dock permit (building permit), dwelling shall
be constructed on the single-family lot and a certificate of
occupancy (C.O.) shall be issued for the principal dwelling.
If the 3 year deadline passes without construction and C.O. of
the principal dwelling, then use of the dock shall cease
immediately and shall not be resumed unless and until a
principal dwelling is constructed and C.O.'d. No extension
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(e) Criteria
for
single
family
docks (not applicable
to private
observation/i'shing
piers)
constructed
prior to
the construction
of a
principal
single
family
unit:
1. The owner shall submit and record in the public records of
Indian River County an agreement that the dock will not be
used to moor watercraft unless such watercraft are owned and
registered in the name of the owner of the subject lot. Said
agreement shall also state that within,3 years of the issuance
of a dock permit (building permit), dwelling shall
be constructed on the single-family lot and a certificate of
occupancy (C.O.) shall be issued for the principal dwelling.
If the 3 year deadline passes without construction and C.O. of
the principal dwelling, then use of the dock shall cease
immediately and shall not be resumed unless and until a
principal dwelling is constructed and C.O.'d. No extension
Coding: Words in strike thfoagk type are deletions from existing law. Words underlined are additions. u\d\ldr\021000.ord
ORDINANCE NO. 2000m 004
of the 3 year deadline shall beram Owners of vacant
multiple waterfront lots shall be allowed a dock building
permit on only one of the vacant lots owned. ttntil stteh `= M �
unit is isstted by the eoufttrL
3 2. Upon determination by the code enforcement board that a
violation has occurred, the board shall order the owner to
cease use of remove the dock and shall prohibit the bttilding
of a stmetttre riparian to the land in question for a period of.
not less than two (2) nor more than five (5) years until the
principal dwelling is constructed and a certificate of
occupancy, (C.O.) is issued for the principal dwelling. The
order of the board may include fines and shall be recorded in
the public records of Indian River County;
43. The dock shall be constructed on pilings so as not to involve
filling or dredging other than necessary to install the pilings;
-5-.4. The dock shall not substantially impede the flow of water or
create a navigational hazard.
3. 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 stfihe-t#xough type are deletions from existing law. Words underlined are additions. u\d\ldr\021000.ord 4
ORDINANCE NO. 2000- 004
4. 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.
5. 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.
6. EFFECTIVE DATE
This
filing
Chairman
Florida
D.
ordinance
shall take effect upon
with the
Secretary
of State.
This ordinance was advertised in the Vero Beach Press -Journal on the 22nd day
of January , 2000, and the 7th day of February , 2000 for
a public hearing to be held on the 1st day of February , 20009
and a second public hearing held on the 15th day of February , 2000 at which
time it was moved for adoption of section 1 of the ordinance by Commissioner Macht
seconded by Commissioner Ti ppi n , and section 1 was adopted by the following vote:
Section 1 of the ordinance was adopted by a vote of .
Chairman Fran B. Adams Aye
Vice
Aye
Chairman
Caroline
D.
Ginn
Commissioner Kenneth R. Macht Aye
Commissioner
Aye
John
W. Tippin
Commissioner Ruth M. Stanbridge Aye
and at which time it was moved for adoption of sections 2 - 6 of the ordinance by
Commissioner Macht , seconded by Commissioner Ti ppi n , and
adopted by the following vote:
Coding: Words in strike etigh type are deletions from existing law. Words underlined are additions. u\d\ldr\021000.ord
•' � • 111 11�
Sections 2 - 6 of the ordinance was adopted by a vote of
Chairman Fran B. Adams
Vice Chairman Caroline D. Ginn
Commissioner Kenneth R. Macht
The Chairman thereupon declared the entire ordinance (sections 1 - 6) duly passed and
adopted this 15th day of February , 2000.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
:, r Vxm$n
AdamsFran B.
Chairman
Filed with the Florida Department of State on the
day of 2000.
Nay
Commissioner
Commissioner
John W.
Tippin
day
The Chairman thereupon declared the entire ordinance (sections 1 - 6) duly passed and
adopted this 15th day of February , 2000.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
:, r Vxm$n
AdamsFran B.
Chairman
Filed with the Florida Department of State on the
day of 2000.
Nay
Commissioner
Ruth
M. Stanbridge
<
day
The Chairman thereupon declared the entire ordinance (sections 1 - 6) duly passed and
adopted this 15th day of February , 2000.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
:, r Vxm$n
AdamsFran B.
Chairman
Filed with the Florida Department of State on the
day of 2000.
cc
FFFFFFFdF
William G. Collins
Deputy County Attorney
Coding: Words in 9ttilre-through type are deletions from existing law. Words underlined are additions. u\d\ldr\021000.ord 6
+
Effective
Date: Filed
the Department State the
<
day
00.
with of on
of4v
cc
FFFFFFFdF
William G. Collins
Deputy County Attorney
Coding: Words in 9ttilre-through type are deletions from existing law. Words underlined are additions. u\d\ldr\021000.ord 6
ORDINANCE NO. 2000- 004
of
obert M. Keating, AIC
Community Development Dir c r
Coding: Words in stfilfe-through type are deletions from existing law. Words underlined are additions. u\d\ldr\021000.ord