HomeMy WebLinkAbout2000-026ORDINANCE NO. 2000- 0 2 6
AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING LAND
DEVELOPMENT REGULATIONS (LDRS): CHAPTER 901, DEFINITIONS;
CHAPTER 911, ZONING; CHAPTER 912, SINGLE-FAMILY DEVELOPMENT;
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:
L BUILDING HEIGHT DEFINITION
LDR definitions Chapter Section 901.03 is hereby amended as follows:
Building, height of the vertical distance to the intersection of the highest inside finished face
of the exterior vertical wall and the highest ceiling, hight fei flatroofs
to the mean height between the eaves and ridge f6r sloped roofs; measured from the average
natural grade or the minimum flood elevation, whichever is higher. Theme FDEP
Design Breakaway Wave Crest Elevation (DBWCE) shall constitute minimum flood
elevation where applicable. However, architectural embellishments, including but not limited
to mansard, gable, hip, gambrel roofs; parapets and parapet walls, except as limited in LDR
section 911.15(1)(b); mechanical equipment and enclosures for such equipment; elevator
shafts and stairway enclosures; and similar structures, shall be allowed to exceed the
maximum building height limitation by not more than 15 feet where the 35 foot height
limitation applies, and by not more than 20 feet where the 45 foot height limitation applies,
subject to the regulations of LDR section 911.15(l).
2. BUILDING HEIGHT EXCEPTIONS AND REGULATIONS
A. LDR zoning Chapter Section 911.15(1)(a) and (b), are hereby amended as follows:
(a) Height exceptions. The height limitations stipulated in the applicable districts
shall not apply to the following, provided that no such structure exceeds the height
limits for airport approach areas, as established in paragraph (b), below:
Lnurcn SLeepies ana spires;
Chimneys;
Flag poles;
Silos;
Elevator towers's
Windmills;
Aircraft control towers and navigational aids;
Utility transmission towers;
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ORDINANCE NO. 2000- 0 2 6
Solar energy collectors; and
Similar structures.
Notwithstanding, any radio, television or microwave transmission or receiving tower
which is greater than seventy (70) feet in height shall be allowed only subject to the
criteria established for such towers in Chapter 971, Specific Land Use Criteria.
Additional information about towers may be found in Chapter 917, Accessory Uses
and Structures.
L No structure shall be erected which would conflict with the airport
zoning ordinance height regulations of section 911.17(4)(a).
2. Parapet walls located at the building roof -top edge may extend no
more than 5 feet above the building, height limitation (35' or 45, as
applicable).
3. Other than the parapet wall provision referenced in 911.15(1)(b)2,
above, rooftop structures such as screen walls, elevator shafts and
enclosures, stairways and enclosures, and similar structures shall be
set back from the buildingrp edge 1 foot horizontal distance for
every 1 foot of vertical rise above the applicable building height
limitation.
B. LDR single family development Chapter Section 912.07(1)(b.)7. is hereby amended
as follows:
7. The thirty-five foot height limitation stipulated in the single-family zoning
districts shall not apply to the following provided that no such structure
exceeds the height limits for airport approach areas, as established in
paragraph (a.) Below:
t:nurcn steeples ana spires;
Chimneys;
Flag poles;
Silos;
Ele m towers;
Windmills;
Aircraft control towers and navigational aids;
Utility transmission towers;
Solar energy collectors;
Transmission and receiving towers; and
Similar structures.
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(b) Height Limitations.
L No structure shall be erected which would conflict with the airport
zoning ordinance height regulations of section 911.17(4)(a).
2. Parapet walls located at the building roof -top edge may extend no
more than 5 feet above the building, height limitation (35' or 45, as
applicable).
3. Other than the parapet wall provision referenced in 911.15(1)(b)2,
above, rooftop structures such as screen walls, elevator shafts and
enclosures, stairways and enclosures, and similar structures shall be
set back from the buildingrp edge 1 foot horizontal distance for
every 1 foot of vertical rise above the applicable building height
limitation.
B. LDR single family development Chapter Section 912.07(1)(b.)7. is hereby amended
as follows:
7. The thirty-five foot height limitation stipulated in the single-family zoning
districts shall not apply to the following provided that no such structure
exceeds the height limits for airport approach areas, as established in
paragraph (a.) Below:
t:nurcn steeples ana spires;
Chimneys;
Flag poles;
Silos;
Ele m towers;
Windmills;
Aircraft control towers and navigational aids;
Utility transmission towers;
Solar energy collectors;
Transmission and receiving towers; and
Similar structures.
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Any radio, television or microwave transmission or receiving tower which is
greater than seventy (70) feet in height shall only be allowed subject to the
criteria established for such towers in Chapter 971, Specific Land Use
Criteria. Note: Special height limitations and setback criteria for towers are
addressed in section 912.15.
a. Height fifrAtaiens. Airport approach areas. No structure shall be
erected which would encroach into or through any established public
or private airport approach plan, prepared in accordance with the
criteria established by the Federal Aviation Administration, including
the approach and zoning plan for any airport or airstrip which may
currently exist or be created in the future.
L No structure shall be erected which would conflict with the
airport zoning ordinance height regulations of section
911.17(4)(a).
2. Parapet walls located at the building roof -top edge may
extend no more than 5 feet above the building height
limitation (35' or 45', as applicable).
Limitations.
Height
L No structure shall be erected which would conflict with the
airport zoning ordinance height regulations of section
911.17(4)(a).
2. Parapet walls located at the building roof -top edge may
extend no more than 5 feet above the building height
limitation (35' or 45', as applicable).
3. INCREASED SETBACKS FOR TALLER BUILDINGS IN SINGLE-FAMILY
DISTRICTS
A. LDR zoning Chapter Section criteria table 911.06(6), for the RFD, and RS -1 is
hereby amended as follows:
(6) Size and dimension criteria.
Regulation Unit A-3 A-2 A-1 RFD RS -11
Maximum du/gr.ac. 0.05 0.1 0.2 0.4 1
density
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in
3. Other
than
the parapet
wall
provision
referenced
911.15(1)(b)2,
above, roof
-top
structures
such
as screen
walls.
elevator
shafts
and enclosures:
stairways
and
enclosures,
and
similar
structures
shall be
set
back
from
the
building
roof
-ton
edge
2 feet
horizontal distance
for
every
1
foot
of vertical
rise
above
the
applicable building
height
limitation.
3. INCREASED SETBACKS FOR TALLER BUILDINGS IN SINGLE-FAMILY
DISTRICTS
A. LDR zoning Chapter Section criteria table 911.06(6), for the RFD, and RS -1 is
hereby amended as follows:
(6) Size and dimension criteria.
Regulation Unit A-3 A-2 A-1 RFD RS -11
Maximum du/gr.ac. 0.05 0.1 0.2 0.4 1
density
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ORDINANCE NO. 2000- 0 2 6
Minimum sq. feet 870,000 430,000 200,000 85,000 409000
lot size
Minimum feet 150 150 150 150 125
lot width
Minimum feet
yard
setback
Front 30 30 30 30* 30*
Side 30 30 30 30* 20*
Rear 30 30 30 30* 30*
Maximum feet 35 35 35 35 35
building
height
Maximum % of lot 10 10 20 30 30
building
coverage
Minimum % of lot 802 802 602 50 50
open space
'Nonconforming lots of record lawfully created prior to April 11, 1985 shall meet the RS -6 yard
requirements
Legally created lots of record existing prior to June 18, 1991, in the A-1. A-2, and A-3 districts
may be developed for one single-family dwelling each, regardless of density; provided all other
regulations and codes are satisfied. These lots must meet requirements of the RS -1 district for the
size and dimension criteria.
2For properties containing manmade bodies of water, the open water area may be excluded
entirely from the open space calculation (e.g. excluded from gross area and from open space area
credit).
*NOTE: A 1 foot additional setback is required for every 1 foot in building_ height over 25 feet in
building height. For example, a building or portion of a building that has a 35 foot building_ height,
as defined in the land development regulations, must have an additional 10 foot setback from any
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uki\ord)building height ord Page 4 of 11
•' • 111 1A= •
adjacent
front,
side, or rear
property line to that
portion of
the building
that exceeds
25 feet in
(7) and
criteria:
building
height.
Be LDR zoning Chapter Section criteria table 911.07(7) for the RS -2, RS -3, RS -6, and
RT -6 districts is hereby amended as follows:
Regulation Unit RS -2 RS -31 RS -6 RT -6
Maximum d.u./gr.ac. 2 3 6 6
density
Minimum lot sq. feet
size
SF 167000 12,000 7,000 71000
Duplex 12,000
Minimum lot feet 100 80 70 70
width
Minimum feet
and
Front* 25 25 20 20
Side* 15 15 10 10
Rear* 25 25 20 20
Maximum feet 35 35 35 35
building
height
Maximum percent of lot 25 30 30 35
building
covera e
Minimum percent of lot 40 40 40 40
open space
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Size dimension
(7) and
criteria:
Regulation Unit RS -2 RS -31 RS -6 RT -6
Maximum d.u./gr.ac. 2 3 6 6
density
Minimum lot sq. feet
size
SF 167000 12,000 7,000 71000
Duplex 12,000
Minimum lot feet 100 80 70 70
width
Minimum feet
and
Front* 25 25 20 20
Side* 15 15 10 10
Rear* 25 25 20 20
Maximum feet 35 35 35 35
building
height
Maximum percent of lot 25 30 30 35
building
covera e
Minimum percent of lot 40 40 40 40
open space
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,• 'FAI kj• 111 1 i
Nonconforming lots of record lawfully created prior to June 18, 1991 shall meet the RS -6
yard requirements.
*NOTE: A 1 foot additional setback is required for every 1 foot in building height over 25 feet in
building height. For example, a building or portion of a building that has a 35 foot building height,
as defined in the land development regulations, must have an additional 10 foot setback from any
adjacent front, side, or rear property line to that portion of the building, that exceeds 25 feet in
building height
C. LDR zoning Chapter Section criteria table 911.12(6) for the CON -1, CON -2, and
CON -3 districts is hereby amended as follows:
In no case shall the density
exceed the maximum
permitted gross
density.
*NOTE: A 1 foot additional setback is required for every 1 foot in building height over 25 feet in
building height. For example, a building or portion of a building that has a 35 foot building height,
as defined in the land development regulations, must have an additional 10 foot setback from any
adjacent front, side, or rear property line to that portion of the building, that exceeds 25 feet in
building height
C. LDR zoning Chapter Section criteria table 911.12(6) for the CON -1, CON -2, and
CON -3 districts is hereby amended as follows:
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Size
dimension
(6)
and
criteria:
District
Regulation
Unit
of Measure
Con
-1 Con
-2
Con -3
Maximum
d.u./gr.
acre
-
025
0.4
Density
Minimum
Lot
acres
-
40
2 V2
Size
Minimum
Lot
feet
-
500
150
Width
Minimum
Front*
Yards
feet
50
50
50
Rear*
Side*
50
50
50
20
50
20
Maximum
feet
35
35
35
Building
height
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uklbrd\t Iding height ord Page nor 11
ORDINANCE NO. 2000- 0 2 6
Maximum Lot percent - 10 20
Coverage
Minimum Open' percent - 80 70
Space
Legally created lots of record existing prior to June 18, 1991, in the Con -2 and Con -3
districts, may be developed for one (1) single-family dwelling each, regardless of density; provided
all other land development regulation provisions are satisfied. Single-family dwelling construction
on these lots must meet the size and dimension requirements of the RS -1 district.
D. LDR zoning Chapter Section criteria table 911.13(3)(h) for the ROSE -4 district is
hereby amended as follows:
*NOTE:
Size dimension
Coding:
A 1 foot additional setback is required for
every 1 foot in building
height
(h) and
over
25
feet in
law. Words
underlined
height. For building
building has 35 foot building height,
building
example, a or portion
of a that a
as defined
stfike
in the land development regulations, must
have an additional 10 foot setback from any
adjacent
additions.
front, side, or rear property line to that portion
of the building that exceeds 25 feet in
building
height.
D. LDR zoning Chapter Section criteria table 911.13(3)(h) for the ROSE -4 district is
hereby amended as follows:
ROSE4 DISTRICT
Regulation Size Unit of Measure
Maximum density 4.0 d.u. per gross acre
Minimum lot size 109000 square feet
Minimum lot width 70 feet
Minimum yard
Front* 20
Side* 10 feet
Rear* 20
Size dimension
Coding:
Words in
(h) and
deletions
criteria:
ROSE4 DISTRICT
Regulation Size Unit of Measure
Maximum density 4.0 d.u. per gross acre
Minimum lot size 109000 square feet
Minimum lot width 70 feet
Minimum yard
Front* 20
Side* 10 feet
Rear* 20
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Coding:
Words in
thfeegk type
deletions
from
law. Words
underlined
stfike
are existing
are
additions.
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W
ORDINANCE NO. 2000- 0 2 6
Maximum building height 35 feet
Maximum lot coverage 30 percent of lot
Minimum open space area 35 percent of gross
Minimum district size 20 gross acres
E. LDR zoning Chapter Section criteria table 911.13(4)(g) for the AIR4 district is
hereby amended as follows:
(g) Size and dimension criteria.
Regulation Unit of Land Use
Measure
A& 1 A&2' R L-12
Maximum du acre 1:5 1:10 1:1 3:1
density
Minimum lot sq. ft. 200,000 4309000 40,000 20,000
size
Minimum lot feet 150 150 125 120
width
Maximum feet 35 35 35 35
building
height
Minimumfeet
and j I E 0 W
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uklbrd\building height ord Page 8 of 11
*NOTE:
A 1
foot additional
setback is required for every 1 foot in building
height
over 25 feet in
building has 35 foot building height,
building
height.
For example,
a or portion of a building that a
as defined
in
the land development
regulations, must have an additional 10 foot setback from any
adjacent
front,
side, or rear
property line to that portion of the building that exceeds 25 feet in
building
height.
E. LDR zoning Chapter Section criteria table 911.13(4)(g) for the AIR4 district is
hereby amended as follows:
(g) Size and dimension criteria.
Regulation Unit of Land Use
Measure
A& 1 A&2' R L-12
Maximum du acre 1:5 1:10 1:1 3:1
density
Minimum lot sq. ft. 200,000 4309000 40,000 20,000
size
Minimum lot feet 150 150 125 120
width
Maximum feet 35 35 35 35
building
height
Minimumfeet
and j I E 0 W
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ORDINANCE NO. 2000- 0 2 6
Front* 30 30 30 25
Side*
Residence* 30 30 20 15
Hangar/ 10 10 10 10
Garage*
Rear*
Residence* 30 30 30 25
Hangar/ 10 10 10 10
Garage*
Maximum % of lot 20 10 30 30
lot covera e
Minimum % of lot 80 80 50 40
open space
'Size and Dimension Criteria for AG -3 are the same as AG -2; the only difference is in the
maximum density and minimum lot size. Maximum density for AG -3 is 1 unit/20 acres, and
minimum lot size is 870,000 sq. ft.
2Air- 1 is allowed only within areas where airstrips existed prior to February 13, 1990.
4. 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.
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u\dbrd\building height ord Page 9 of 11
*NOTE:
A 1
foot
additional
setback
is
required
for
every 1
foot
in building_
height
25 feet
in
over
For
building
height.
example,
a building
or
portion
of a building
that has
a 35
foot
building
height,
as defined
in
the
land development
regulations,
must
have
an additional
10
foot setback
from
any
adjacent
front,
side, or rear
property
line to
that portion
of
the
building
that
exceeds
25 feet
in
building
height.
4. 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.
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u\dbrd\building height ord Page 9 of 11
ORDINANCE NO. 2000- 0 2 6
5. 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.
6. 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.
7. EFFECTIVE DATE
This ordinance was advertised in the Vero Beach Press -Journal on the 5th day of
July , 2000, for a public hearing to be held on the 12 t h day of a u 1
2000, at which time it was moved for adoption by Commissioner G i nn ,
seconded by Commissioner Ma c h t , and adopted by the following vote;
The ordinance was adopted by a vote of :
Chairman Fran B. Adams
filing
Florida Secretary
State.
This ordinance shall take
effect upon with the
of
This ordinance was advertised in the Vero Beach Press -Journal on the 5th day of
July , 2000, for a public hearing to be held on the 12 t h day of a u 1
2000, at which time it was moved for adoption by Commissioner G i nn ,
seconded by Commissioner Ma c h t , and adopted by the following vote;
The ordinance was adopted by a vote of :
Chairman Fran B. Adams
Commissioner Kenneth R. Macht
Commissioner John W. Tippin
Commissioner Ruth M. Stanbridge
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u0ord\building height ord Page 10 of 11
Caroline
D.
Ginn
Vice Chairman
Commissioner Kenneth R. Macht
Commissioner John W. Tippin
Commissioner Ruth M. Stanbridge
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u0ord\building height ord Page 10 of 11
ORDINANCE NO. 2000- 0 2 6
The Chairman thereupon declared the ordinance duly passed and adopted this
18th day of July , 2000.
IF
00
VF h
FL BOARD OF COUNTY COMMISSIONERS
` ' OF INDIAN RIVER COUNTY
{
14 '.
f�r .._.ate �✓ £ " �+f
F.
Attest. JX Barton, Cler
FFF- IFa ByiL.2/y�
4 ®® .
d IF
�C
-� Fran B. Adams
Deputy Clerk U Chairman
Y F'
FF
IF
IF
Filed with.the Florida Department of State on the day of , 2000.
William G. Collins
APPROVED AS TO PLANNING MATTERS
Leff
FF
Robert M. Keating, AICP
Community Development Dire /r
Coding: Words in type are deletions from existing law. Words underlined are additions.
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