HomeMy WebLinkAbout2006-0151U LA -NL) L)hVLLV-VA4tNI KhUULA11UNJ (LLJKS); rKUV1J-)hN1T 1'11N1JENU); rt. V1LJ11NU
FOR AMENDMENTS TO CHAPTER 911, ZONING, AND 971, REGULATIONS FOR
SPECIFIC LAND USES, BY AMENDING USES SECTION 911.09(4), BY AMENDING
RESIDENTIAL USES SECTION 971.41(10), BY 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) AND TITLE X REGULATIONS BE AMENDED AS FOLLOWS:
SECTION #1:
Amend the list of allowed uses in the RMH-6 and RMH4 mobile home districts contained in
LDR Section 911.09(4), to read as follows:
(4) , Uses. Uses in the mobile home districts are classified as permitted uses, administrative
permit uses and special exception uses. Site plan review shall be required for the construction,
alteration and use of all structures and buildings except for mobile home dwellings in approved
subdivisions and parks.
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District
Uses
RMH-6
RMH-8
Residential
Mobile"
obile
homes
P
P
P 2
P
Si
nglejamily
dwellings
2
A
Accessory
single-familysinglejamily
dwellin
unit
A
Institutional
Child
or
adult
care facilities
A
A
Foster
care
facilities
P
P
Places
of
worship
A
A
Group
Group
home
home
(level
(level
I)
II
and
III)
A
S
P
A
Group
home
(residential
center)
S
S
Adult
congregate
living
facility
(20
resident
S
A
maximum)
Adult
congregate
living
facility
(21+
resident
S
S
maximum)
Community
Service
Emergency
services
P
P
Educational
centers
including
primary
and
S
S
secondary
Government
schools
administrative
building
S
S
Community
centers
-
S
Recreation
Country
clubs
IS
IS
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Golf
Public
courses
parks
and
playgrounds
S
A
S
A
Tennis
facilities
S
S
Utility
Communications
towers
(wireless
facilities)
A
A
Communications
towers
(non
-wireless
facilities)
Amateur
radio
(accessory
use)
Less
than
80
feet
P
P
S
80
feet or
taller
(see
971.44(4)
for special
S
criteria)
Commercial
Up
to 70
feet:
Camouflaged
P
P
Non
70
-camouflaged
feet to
150
feet:
-
-
A
A
Camouflaged
Monopole
(minimum
of
2
users)
-
Not
Over
camouflaged
150
feet:
and not
monopole
-
All
tower
types
(see
971.44(1)
for special
-
-
criteria)
Limited
public
and
private
utilities
A
A
S
Public
and
private
utilities,
heavy
Is
P - Permitted use
A - Administrative permit use
S - Special exception use
'For wireless commercial facilities regulations, see section 971.44(5), Section 4 use table.
Allowed only on platted lots or legally created parcels not located within mobile home parks,
where spaces are rented or leased, that existed prior to May 16, 2006.
SECTION,#2:
Amend the specific land use criteria for accessory single-family dwelling units section
971.41(10), to read as follows:
(10) Accessory single family dwelling unit:
(a) The construction of an accessory dwelling unit on a residentially zoned lot shall be
allowed subject to the provisions of section 971.41(10). The standards and
requirements of this section are intended to make available inexpensive dwelling
units to meet the needs of older households, single member households, and single
parent households. This is in recognition of the fact that housing costs continue to
increase, that households continue to decline in size, and that the number of elderly
Americans is on the rise.
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ORDINANCE 2006- 015
(b) Districts requiring administrative permit approval, (pursuant to the provisions of
971.04):
A-3
A-2
A-1
RFD
RS -1
RS -2
RS -3
Additional
RS -6
RT -6
RM -3
RM4
RM -6
RM -8
RM Id
shall
Con-2
Con -3
Rose -4
RMH-6
RMH-8
on
lots
which
(c) Requirements of section 971.41(10) shall not supersede property owner deed
restrictions.
A site plan conforming to Chapter 914 requirements.
(e) Criteria for accessory dwelling units:
have
doorway
dwelling
6. No accessory dwelling unit shall
be
entrance visible
Additional
Accessory
dwelling
information
dwelling
unit
units shall
(d)
shall
required:
be
A site plan conforming to Chapter 914 requirements.
(e) Criteria for accessory dwelling units:
5. The heated/cooled gross floor area of the accessory dwelling unit shall not
exceed thirty-three (33) percent of the heated/cooled gross floor area of the
principal structure or seven hundred fifty (750) gross square feet, whichever
is less. The accessory dwelling unit shall be no smaller than three hundred
(300) gross square feet of heated/cooled area.
have
doorway
dwelling
6. No accessory dwelling unit shall
be
entrance visible
in
Accessory
dwelling
2. The
dwelling
unit
units shall
clearly
shall
in
be
located
(1) accessory
only
on
lots
which
five (75) feet in
distance
satisfy
the
dwelling
principal
dwelling and
shall only
be
district.
in
conjunction
minimum
lot size requirement
of
the applicable
zoning
5. The heated/cooled gross floor area of the accessory dwelling unit shall not
exceed thirty-three (33) percent of the heated/cooled gross floor area of the
principal structure or seven hundred fifty (750) gross square feet, whichever
is less. The accessory dwelling unit shall be no smaller than three hundred
(300) gross square feet of heated/cooled area.
have
doorway
dwelling
6. No accessory dwelling unit shall
be
entrance visible
in
be
2. The
dwelling
unit
shall be
clearly
shall
in
incidental
to the
(1) accessory
accessory
unit
shall established
five (75) feet in
distance
from the
principal
dwelling
principal
dwelling and
shall only
be
developed
in
conjunction
the closest
unit.
with or
after
dwelling unit.
development
of the principal
dwelling
unit.
5. The heated/cooled gross floor area of the accessory dwelling unit shall not
exceed thirty-three (33) percent of the heated/cooled gross floor area of the
principal structure or seven hundred fifty (750) gross square feet, whichever
is less. The accessory dwelling unit shall be no smaller than three hundred
(300) gross square feet of heated/cooled area.
have
doorway
dwelling
6. No accessory dwelling unit shall
be
entrance visible
in
be
located
be
No accessory
dwelling
unit
shall
in
3. Not more
than one
(1) accessory
unit
shall established
five (75) feet in
distance
from the
principal
dwelling
unit
multifamily dwelling
conjunction
with
a
principal
dwelling
the closest
unit.
of the accessory
5. The heated/cooled gross floor area of the accessory dwelling unit shall not
exceed thirty-three (33) percent of the heated/cooled gross floor area of the
principal structure or seven hundred fifty (750) gross square feet, whichever
is less. The accessory dwelling unit shall be no smaller than three hundred
(300) gross square feet of heated/cooled area.
have
doorway
from
6. No accessory dwelling unit shall
be
entrance visible
in
be
located
4.
No accessory
dwelling
unit
shall
established
conjunction
units
with a
no
than seventy-
five (75) feet in
distance
from the
principal
dwelling
unit
multifamily dwelling
unit.
dwelling unit
to
the closest
point
5. The heated/cooled gross floor area of the accessory dwelling unit shall not
exceed thirty-three (33) percent of the heated/cooled gross floor area of the
principal structure or seven hundred fifty (750) gross square feet, whichever
is less. The accessory dwelling unit shall be no smaller than three hundred
(300) gross square feet of heated/cooled area.
8. Excluding converted garage accessory dwelling units, the accessory dwelling
unit shall be designed so that the exterior facade material is similar in
appearance to the facade of the existing principal structure.
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have
doorway
from
6. No accessory dwelling unit shall
a
entrance visible
the
be
located
same street as the
principal
dwelling
unit.
Detached accessory
dwelling
8. Excluding converted garage accessory dwelling units, the accessory dwelling
unit shall be designed so that the exterior facade material is similar in
appearance to the facade of the existing principal structure.
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be
located
farther
7.
Detached accessory
dwelling
units
shall
no
than seventy-
five (75) feet in
distance
from the
principal
dwelling
unit
from the closest
point of the principal
dwelling unit
to
the closest
point
of the accessory
dwelling unit.
8. Excluding converted garage accessory dwelling units, the accessory dwelling
unit shall be designed so that the exterior facade material is similar in
appearance to the facade of the existing principal structure.
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9. One (1) off-street parking space shall be provided for the accessory dwelling
unit in addition to spaces required for the principal dwelling unit.
10. The accessory dwelling unit shall be serviced by centralized water and
wastewater, or meet the environmental health department's well and septic
tank and drainfield.requirements. Modification, expansion or installation of
well and/or septic tank facilities to serve the accessory dwelling unit shall be
designed. in a manner that does not render any adjacent vacant properties
"unbuildable" for development when well and/or septic tank facilities would
be required to service development on those adjacent properties.
12. An accessory dwelling unit shall be treated as a multi -family unit for traffic
impact fee and traffic concurrency purposes, and the concurrency
requirements. of Chapter 910 for a multi -family unit shall be satisfied.
SECTION #3: SEVERABILITY.
If any clause, section or provision of this Ordinance shall be declared by -a court of competent
I
urisdiction to be unconstitutional or invalid for any cause or reason, the same shall be eliminated
from this Ordinance and the remaining portion of this Ordinance shall be in full force and effect and
be as valid as if such invalid portion thereof had not been incorporated therein.
SECTION #4: REPEAL OF CONFLICTING ORDINANCES.
The provisions of any
other
Indian
be
ordinance
take effect immediately
from
are inconsistent
of State.
11.
No accessory
dwelling
unit
shall sold
separately
the principal
the
provisions of this Ordinance
are repealed
to
the extent of
such inconsistency
dwelling
or conflict.
dwelling unit.
The accessory
dwelling
unit and
the
principal
unit
shall be located
on a
single
lot or parcel
or on
a combination
of lots
or
parcels
unified under
a recorded
unity
of title
document.
12. An accessory dwelling unit shall be treated as a multi -family unit for traffic
impact fee and traffic concurrency purposes, and the concurrency
requirements. of Chapter 910 for a multi -family unit shall be satisfied.
SECTION #3: SEVERABILITY.
If any clause, section or provision of this Ordinance shall be declared by -a court of competent
I
urisdiction to be unconstitutional or invalid for any cause or reason, the same shall be eliminated
from this Ordinance and the remaining portion of this Ordinance shall be in full force and effect and
be as valid as if such invalid portion thereof had not been incorporated therein.
SECTION #4: REPEAL OF CONFLICTING ORDINANCES.
The provisions of any
other
Indian
River County
ordinance
take effect immediately
that
are inconsistent
of State.
or in conflict
with
the
provisions of this Ordinance
are repealed
to
the extent of
such inconsistency
or conflict.
SECTION #5: INCLUSION IN THE CODE OF LAWS AND ORDINANCES.
The provisions of this Ordinance shall become and be made a part of the Code of Laws and
Ordinances of.Indian River County, Florida. The sections of the Ordinance may be renumbered or
relettered to accomplish such, and the word "ordinance" may be changed to "section", "article", or
any other appropriate word.
SECTION. #6: EFFECTIVE DATE.
Approved and adopted by the Board of County Commissioners of Indian River County,
Florida, on this 16thday of May , 2006.
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This Ordinance shall
take effect immediately
upon filing
with the Department
of State.
Approved and adopted by the Board of County Commissioners of Indian River County,
Florida, on this 16thday of May , 2006.
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ORDINANCE 2006- 015
This ordinance was advertised in the Press -Journal on the 1st day of May
2006, fora public hearing to be held on the 16th day of Mai, , 2006, at which time
it was moved for adoption by Commissioner Wheel er , seconded by Commissioner
Davi s , and adopted by the following vote.
Chairman Arthur R. Neuberger Aye
Vice Chairman Gary C. Wheeler Aye
Commissioner Sandra L. Bowden Aye
Commissioner Thomas S. Lowther Aye
Commissioner Wesley S. Davis Aye
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER CO TY
BY:
Arthur mR: Neub_ , .Chairma
ATTEST BY: ►1\ �-Q `was' 'A ..-4
Fcq Jeffrey K. Barton, Clerk
This ordinance was filed with the Department of State on the following date, 2 2 2006
William G. Collins II, County Attorney
0
Director
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