HomeMy WebLinkAbout2005-030ORDINANCE 2005-030
AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA CONCERNING AMENDMENTS
TO LAND DEVELOPMENT REGULATIONS (LDRs); PROVIDING FINDINGS; PROVIDING
FOR AMENDMENTS TO CHAPTER 911, ZONING, BY CREATING SECTION 911.07(8) TO
REQUIRE SINGLE-FAMILY PERIMETER BUFFERS; AND AMENDING URBAN SERVICE
AREA BOUNDARY BUFFER REQUIREMENTS IN SECTION 911.04(3)(C)5 TO PROVIDE A
SPECIAL BUFFER; PROVIDING FOR AMENDMENTS TO CHAPTER 913, SUBDIVISIONS
AND PLATS, BY AMENDING BUFFER REQUIREMENTS FOR SUBDIVISIONS ABUTTING
COLLECTORS AND ARTERIALS IN SECTION 913.09(3)(C)5; AMENDING SECTION
913.09(3)(F) TO PROHIBIT INTERNAL STREET SIDE SWALES; AMENDING SECTION
913.09(5) TO REQUIRE SIDEWALKS AND A LANDSCAPED AREA BETWEEN CURBS
AND SIDEWALKS; PROVIDING FOR CURBING REQUIREMENTS BY CREATING
SECTION 913.09(3)(J)5; AMENDING WALL PROVISIONS BY REQUIRING VARIATION IN
SUBDIVISION WALLS ALONG ROADWAYS IN SECTION 913.09(9); AMENDING THE
STORMWATER RETENTION AND DETENTION PROVISIONS OF SECTION 913.09(13) TO
REQUIRE LAKES WITH CERTAIN EXCEPTIONS; AMENDING THE SPECIAL BUFFERS
FOR ACTIVE RECREATION USES IN SECTION 913.09(20); AND PROVIDING FOR
REQUIRED GREEN/RECREATION SPACE IN CERTAIN RESIDENTIAL SUBDIVISIONS BY
CREATING SECTION 913.09(21); AMENDING CHAPTER 915, PLANNED DEVELOPMENT
(P.D.) PROCESS AND STANDARDS FOR DEVELOPMENT BY AMENDING THE PD
MINIMUM BUFFER REQUIREMENTS IN SECTION 915.16(2), (3), AND (4); AMENDING
CHAPTER 971, REGULATIONS FOR SPECIFIC LAND USES BY AMENDING THE
CULTURAL AND CIVIC FACILITY BUFFER PROVISIONS OF SECTION 971.14(3)(d)5;
AMENDING THE EDUCATION FACILITIES BUFFER PROVISIONS OF SECTION
971.14(4)(d)7; AMENDING THE LIBRARIES BUFFER PROVISIONS OF SECTION
971.14(8)(d); AMENDING THE GOVERNMENTAL ADMINISTRATIVE BUILDING BUFFER
PROVISIONS OF SECTION 971.14(6)(d); AMENDING THE JUNK/SALVAGE YARD
BUFFER PROVISIONS OF SECTION 971.27(2)(c); AMENDING THE DEMOLITION DEBRIS
SITES BUFFER PROVISIONS OF SECTION 971.27(1)(c); AMENDING THE CHILD CARE
AND ADULT CARE BUFFER PROVISIONS OF SECTION 971.28(1)(4 AMENDING THE
CIVIC AND SOCIAL MEMBERSHIP ORGANIZATION BUFFER PROVISIONS OF SECTION
971.28(2)(d)1; AMENDING THE PLACES OF WORSHIP BUFFER PROVISIONS OF
SECTION 971. 28(5)(d)4; AMENDING THE HEAVY UTILITIES BUFFER PROVISIONS OF
SECTION 971.44(2)(c); AND AMENDING THE LIMITED UTILITIES BUFFER PROVISIONS
OF SECTION 971.44(3)(d); PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS;
CODIFICATION; SEVERABILITY; AND AN 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:
PART I: FINDINGS.
It is hereby ascertained, determined, and declared that:
A. Pursuant to Article VIII, Section 1 of the Florida Constitution, and Sections 163.3202, 125.01,
and 125.66, Florida Statutes, the Board has all powers of local self-government and such
power may be exercised by the enactment of County ordinances.
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ORDINANCE 2005-030
B. On April 12, 2005, the Board invoked the pending ordinance doctrine pursuant to Florida law.
C. This Ordinance codifies all of the provisions that have been applied in the unincorporated area
of Indian River County pursuant to the pending ordinance doctrine.
1. Single-family perimeter buffer.
LDR Section 911.07(8) is hereby established, to read as follows
(8) Required Buffer Yards. Where a proposed single-family subdivision in the RS -2, RS -
3, RS -6 or RT -6 district directly adjoins property within a single-family zoning
district, and the subdivision project site exceeds ten (10) acres, buffer yards shall be
provided along the boundary between the single-family project and the single-family
zoning district. Buffer yards shall be provided in separate tracts. Buffer yards are
required along rear/side property lines, measured perpendicular to the property
lines as follows:
Pro'ect Site District
RS -2, RS -3
RS -6, RT -6
Buffer T
25' minimum Type "B"
25' minimum Type "A"
A. As an alternative to this perimeter buffer requirement, applicants for subdivision
projects exceeding 10 acres in size may provide both of the following:
1. Common green space and/or recreation space, in separate tracts, of at least 10%
(ten percent) of the total project site area. Such space shall meet the common green
space and/or recreation space requirements of subdivision ordinance section
913.09(21) and shall be deemed to satisfy the requirement of that section to provide
7.5% of the project area as common green and/or recreation space. At least 25% of
the common green space and/or recreation space shall be preserved native uplands
or wetlands area, or created upland area approved by Environmental Planning for
site suitability, plantings plan, and maintenance plan. Created upland area shall
have a planting density equivalent to a Type "B" buffer; and
2. A 15' wide perimeter buffer, consisting of a native vegetation area approved in
writing by Environmental Planning for site suitability, plantings plan, and
maintenance plan. The native vegetation area buffer shall have a planting density
equivalent to a Type "B" buffer. The buffer shall be provided in a separate tract.
PART II: AMENDMENTS TO CHAPTER 911, ZONING OF THE INDIAN RIVER
COUNTY LAND DEVELOPMENT REGULATIONS ORDINANCE.
2. Urban Service Area Boundary Buffer.
LDR Section 911.04(3)(C)5 is hereby amended, to read as follows:
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ORDINANCE 2005-030
located within the urban area proposing new residential lots adjacent to active agricultural
operations (e.g. citrus groves and field crops) shall include provisions for a special buffer.
Type "B" buffer with a six foot opaque f ature, as described in Chapter 926. Where
project or project phase in which the buffer is to be located. The buffer and opaque
converted to a non agricultural use.
5. Residential lots and units adjacent to the Urban Service Area Boundary. Residential
subdivision projects, site plan projects, and planned development projects located
inside the Urban Service Area where new residential lots or units are proposed
adjacent to the Urban Service Area Boundary shall include provisions for a special
buffer. Project sites are considered adjacent to the Urban Service Area Boundary
when adjoining that boundary and when separated from that boundary by
intervening road and canal rights-of-way. Said buffer shall be provided in a
separate tract and provided between the proposed residential lot (single-family) or
unit (multi -family) and the Urban Service Area Boundary and shall consist of native
vegetation planted in a fifty -foot (50') or wider Type "B" buffer with a six-foot
opaque feature, as described in Chapter 926. Where walls are used, the wall
variation requirements of subdivision ordinance section 913.09(9) shall apply.
Where required, said buffer shall be treated as a required improvement for the
project or project phase in which the buffer is to be located.
PART III: AMENDMENTS TO CHAPTER 913, SUBDIVISIONS AND PLATS OF THE
INDIAN RIVER COUNTY LAND DEVELOPMENT REGULATIONS ORDINANCE
3. Arterial and Collector Road Buffer.
LDR Section 913.09(3)(C)5 is hereby amended, to read as follows:
5. Abutting collector and arterials. Where a residential subdivision abuts or contains an
existing or proposed major or minor arterial or collector street, special provisions shall be
made to minimize vehicular traffic noise to residential sites, provide landscape buffering
between residential subdivisions and major roadways, and to provide tree canopy along
major roadways. The special provisions shall include a Type " " "A" or Type "B"
buffer, as specified in Chapter 926, with a minimum width of twenty-five (25) feet and
one (1) or more of the following:
a. A berm or berm/hedge opaque feature, at least six (6) feet in height at the time of
installation, measured from the finished floor elevation of the proposed adjacent
residential structure. The berm shall be constructed with a slope not greater than
thirty-three (33) percent. Adequate irrigation shall be provided together with
maintenance provisions by a homeowner's association.
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ORDINANCE 2005-030
b. A solid wall, at least six (6) feet in height, above the mean average elevation of the
sites. Where walls are used, canopy trees shall be installed at least seven (7) feet
from the face of the wall, and understory trees shall be installed at least five (5)
feet from the face of the wall. Required understory trees and shrubs shall be
located on the side of the wall facing the arterial or collector. The wall variation
requirements of subdivision ordinance section 913.09(9)(c) shall apply.
c. The planning and zoning commission may require or approve additional or
alternative provisions as warranted by special circumstances, including the
existence and preservation of existing vegetation.
These special buffering and landscaping provisions shall apply whether or not a subdivision is
separated from an arterial or collector road right-of-way by an intervening canal or similar right-of-
way.
The landscape buffer shall be located in an easement or a landscape or open space tract to be
dedicated to and maintained by a homeowners' association.
4. Internal street side swales prohibited.
LDR Section 913.09(3)(F) is hereby amended, to read as follows:
(F) Street side swaleesSwales. Swales along the sides of internal project streets are
not permitted. Where swales are provided to convey stormwater between homes,
these swales shall:
1. Comply with standard county specifications;
2. Be designed to accumulate and carry water pursuant to a stormwater and flood
protection plans in a manner that will not flood street pavement;
3. Easements to access retention and detention basins and side lot swales shall be
provided as specified in Chapter 930. When the flood protection and stormwater
management plan calls for retention or detention areas, easements shall be dedicated
around the perimeter for ingress and egress for maintenance in accordance with
Chapter 930. Side lot swales shall be provided where necessary in accordance with
Chapter 930.
5. Sidewalks.
LDR Section 913.09(5), first paragraph and subsection (a), are hereby amended, to read as
follows:
(5)
Sidewalks. The project developer shall be responsible for the provision of a sidewalk(s)
along the project site's frontage on all rights-of-way (existing or created via the project's
subdivision plat) and/or easements (existing or created via the project) in compliance with
the Indian River County Comprehensive Bikeway and Sidewalk Plan, and the required
improvements regulations of the site's applicable zoning district. Sidewalks shall be
provided on at least one side of all roads within residential projects. Subdivisions
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ORDINANCE 2005-030
and planned developments with lot sizes of four (4) acres or more are exempt from
the sidewalk requirement.
(a) Specifications. All construction plans for required sidewalks shall be
approved by the county public works director or the director's appointed designee. All
sidewalks shall be constructed in accordance with the specifications listed in the
Comprehensive Bikeway and Sidewalk Plan and the following general specifications:
1. Width: Be a minimum of five (5) feet wide along thoroughfare plan all roads
roadways and-• - - •-IV •
.. •
_• .•
.. within
residential projects. Within subdivisions and planned developments a
minimum six (6) foot strip of irrigated and sodded landscape area shall be
provided between the curb and the sidewalk. This area may be utilized for
street tree plantings, or other landscaping approved by Planning and
Engineering, where non -mountable curbs are provided. The method of
irrigation shall be specified on the project's land development permit plans
and approved by Planning and Engineering.
2. Location: Be located outside the roadside recovery area unless protective
devices are provided (e.g. nonmountable curbs).
3. Accessibility: Provide a curb cut and/or ramp for wheelchairs for all
intersections in compliance with all federal, state and local standards and
specifications for handicapped accessibility.
4. Cul-de-sacs: Sidewalks are not required around the circumference of roadway
cul-de-sac circles. Where sidewalks are required along a roadway which
terminates in a cul-de-sac and sidewalks following the circumference of the cul-
de-sac circle are not proposed, the sidewalks shall terminate into the cul-de-sac
circle pavement utilizing a design approved by the public works director or the
director's appointed designee.
6. Curbing required.
LDR Section 913.09(3)(J)5 is hereby established , to read as follows:
5. Curbs. Curbing (such as mountable, non -mountable, miami gutter) is required
along both sides of all roads within subdivisions and planned developments
having individual lots of 4 acres or smaller.
7. Wall variation required.
LDR Section 913.09(9) is hereby amended, to read as follows:
(9). Walls and Fences.
(A) General. All walls or fences constructed along any perimeter boundary abutting any
right-of-way shall:
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ORDINANCE 2005-030
1. Be located on private property;
2. Be of one architectural design;
3. Not exceed the height specified in the zoning district regulations;
4. Be constructed of essentially maintenance free materials;
5. Be constructed in accordance with county construction codes.
(B) At intersections. At street intersections, walls, fences, plants or sight obstructions of any
kind over two (2) feet in height are prohibited within the sight distance as provided by the
M.U.T.C.D.
(C). Wall Variation. There shall be variation in the design of subdivision walls along
roadways.
1. Variation shall be provided by use of one or more of the following design
criteria or other similar design measures approved in writing by the community
development director:
a. Using two color paint schemes.
b. Staggering the location of the wall. Straight wall length should not exceed
one hundred (100) feet and shall be interspersed with either decorative
metal fencing or opaque landscaping. The minimum dimension of the offset
in the wall shall be three (3) feet.
c. Accenting the wall with sections that include decorative fencing such as
aluminum pickets, or other typical fence styles. These sections where
decorative fencing is provided are to be no more than twenty (20) percent
opaque.
d. Reducing long straight walls by eliminating some wall sections and replacing
with berms and landscape plantings.
2. In residential subdivisions, walls may be used only in conjunction with Type
"A" and "B" buffers not less than twenty-five (25) feet in width. Plant reductions
are not permitted when using a wall as the required six (6) foot opaque feature. All
required shrub and understory plant material shall be located outside of (on the
street side of) the wall.
3. If the perimeter wall terminates on either side of a subdivision entrance without
additional offsets or jogs to form the entry feature or gated opening, the end of the
wall shall terminate at least 50' behind the back of curb of the subdivision entrance,
and the required landscape plantings shall wrap around the end of the wall.
4. Where walls are utilized, they shall be designed to include openings to allow for
wildlife passage. These openings are to be a minimum of sixteen (16) inches by
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ORDINANCE 2005-030
thirty-two (32) inches wide and spaced no more than two -hundred (200) feet apart
along the length of the wall.
8. Stormwater retention and detention.
LDR Section 913.09(13) is hereby amended, to read as follows:
(13) Stormwater and floodwater systems. A stormwater management system or, if applicable,
a floodwater protection stormwater management system,. shall be constructed in
accordance with the requirements of Chapter 930. Stormwater shall be retained in a
lake for all subdivisions and planned developments except as allowed below.
Drainage swales shall be permitted only for conveyance purposes and shall not for
count toward meeting capacity requirements. Dry detention may be used only in
circumstances where retention in a lake would conflicts with the county's aquifer
recharge policies or with preservation of trees and vegetation. In addition, dry
detention may be used if warranted by soils or other site characteristics if approved
in writing by the Public Works director in accordance with Chapter 930 provisions
and regulations.
9. Special setback and buffers for active recreation uses.
LDR Section 913.09(20) is hereby amended, to read as follows:
(20) Recreation tracts; location and restrictions. Recreation tracts shall be located, designed,
constructed, maintained, and operated in such a manner that minimizes adverse noise and
lighting impacts on adjacent or nearby residential development.
(A) Recreation tracts located within one hundred twenty-five (125) feet of the
boundary of the subdivision shall either be:
1. Designated on the final plat as being used for passive recreation uses: no active
uses such as basketball or tennis courts shall be permitted on these tracts; or
2. Be buffered from adjacent subdivision boundaries with a minimum twenty-five
(25') wide Type "A" or "B" buffer with a six-foot opaque feature (see
Chapter 926).
(B) Any and all lighting used within recreation tracts shall be approved by the county
and shall be adequately shielded to prevent lighting or glare to encroach onto
properties adjacent to or nearby the subdivision.
10. Common green/recreation space required.
LDR Section 913.09(21) is hereby established, to read as follows:
(21) Common green space and/or recreation space. All residential subdivisions with a
density of more than 1.5 units per acre shall provide in separate tracts a minimum
of 7.5% (seven and one-half percent) of the total project site area as common green
space and/or recreation space. Upland preserve and wetland areas may be credited
towards this requirement. Required perimeter buffers shall not be credited toward
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ORDINANCE 2005-030
meeting this common green space requirement. For purposes of this regulation,
"recreation space" may include recreational facilities and amenities such as ball
courts, pools, clubhouses, similar facilities, and supporting improvements such as
parking area. Common spaces credited toward meeting this requirement shall be
located and designed to be conveniently accessible to all project residents, and shall
be sized, located, and designed to function as a project amenity such as a park,
conservation area, recreation facility, or other similar type of amenity.
PART IV: AMENDMENTS TO CHAPTER 915, PLANNED DEVELOPMENT (P.D.)
PROCESS AND STANDARDS FOR DEVELOPMENT OF THE INDIAN RIVER COUNTY
LAND DEVELOPMENT REGULATIONS ORDINANCE
11. Upgrade PD minimum buffer requirements.
LDR Section 915.16(2), (3), and (4) are hereby amended, to read as follows:
(2) Buffers or transition areas shall be provided in accordance with the following
compatibility matrix.
Proposed
P .D. Project
Use Along
Project
B oundary:
Agricultural
Residential
Commercial
Industrial
LEGEND:
(3)
Adjacent Property Comprehensive Plan Land Use Designation
C-11
C-2,
C-3,
REC
N
N B
D B
D B
N
N
D B
D B
AG
AG -1,
AG -2,
AG -3,
BCID
N
EB
DB
D
R T
D B
D B
B
B
CB
B
A
GB
G/TA
B
A
GB
N
GB
B
GB
N
GB
B
A = Type A buffer as described in Chapter 926, Landscaping.
B = Type B buffer as described in Chapter 926, Landscaping.
C = Type C buffer as described in Chapter 926, Landscaping.
D-- Type D buffer as described in Chapter 926, Landscaping.
REC
N
N
GB
EB
P
N
N
DB
GB
N = No buffer: Twenty -five-foot required setback per section 915.16(1).
Comm/Ind1
RC
N
GB
N
N
TA = Transition area option available: Twenty -five-foot required setback plus a
perimeter transition area having a depth of at least one hundred fifty (150) developed at
the same density/intensity as adjacent development
In applying the compatibility matrix of section 915.16(2), where a local or collector road
right-of-way is located between the P.D. project use and an adjacent use, the buffer
requirements may be reduced as follows:
"A" requirement reduced to "B"
"B" requirement reduced to
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"C" requirement reduced to "D".
(4) In applying the compatibility matrix of section 915.16(2), where an arterial road right-of-
way is located between the P.D. project use and an adjacent use, the buffer requirements
may be reduced to "D-' "C" or normal Chapter 926 landscape requirements, whichever
requirements are greater.
PART V: AMENDMENTS TO CHAPTER 971, REGULATIONS FOR SPECIFIC LAND
USES OF THE INDIAN RIVER COUNTY LAND DEVELOPMENT REGULATIONS
ORDINANCE
12. Cultural and civic facility buffer.
LDR Section 971.14(3)(d)5 is hereby amended, to read as follows:
5. A Type I "C" screening buffer shall be provided between the facility and adjacent
properties that are agriculturally or residentially designated.
13. Education facilities buffer.
LDR Section 971.14(4)(d)7 is hereby amended, to read as follows:
7. The facilities shall have a Typed "C" buffer in all other residential districts not listed
in subsection 6 above.
a. The board of county commissioners may waive or reduce the buffer requirements
where the educational facility 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.
14. Libraries buffer.
LDR Section 971.14(8)(d) is hereby amended, to read as follows:
(d) Criteria for libraries:
1. No building shall be located closer than fifty (50) feet to any lot line which abuts a
residentially designated property.
2. No off-street parking or loading space shall be located closer than ten (10) feet to any
property line abutting a residentially designated property.
3. The facilities shall have a type-' "C" buffer along any property line(s) abutting a
residentially designated property.
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15. Governmental administrative building buffer.
LDR Section 971.14(6)(d) is hereby amended, to read as follows:
(d) Criteria for governmental administration building:
1. No building shall be located closer than fifty (50) feet to any lot line which abuts a
residentially designated property;
2. No off-street parking or loading space shall be located closer than twenty-five (25)
feet to any property line abutting a residentially designated property;
3. The facilities shall have a Type "C" buffer in the A-1, A-2, A-3, RFD, RS -1, RS -2,
RS -3 and RS -6 Districts;; and all other residential districts.
in subsection 3 above.
16. Junk/salvage yard buffer.
LDR Section 971.27(2)(c) is hereby amended, to read as follows:
(c) Criteria for junk and salvage yards:
1. No junk or salvage vehicle or other junk or scrap material shall be stored or
dismantled within one hundred (100) feet of any major thoroughfare or five hundred
(500) feet of any residential use or residentially designated property;
2. All junkyard and salvage activities shall be completely surrounded by a continuous
one hundred (100) percent opaque fence or wall at least eight (8) feet in height, with
a Type X "C" buffer between the fence and adjacent property boundaries and road
rights-of-way;
3. No burning activities or burying of junk, trash or debris shall be permitted on the
site;
4. Upon discontinuing the use of the premises as a business enterprise, all evidence of a
junk or salvage yard shall be removed by the property owner within one hundred
eighty (180) days;
5. No storing of tires unless expressly approved with a state permit, and in accordance
with the conditions and restrictions thereof;
6. Junk will not be allowed to extend beyond the height of the fence;
7. Vehicles may not be stored outside the fenced area.
17. Demolition debris sites buffer.
LDR Section 971.27(1)(c) is hereby amended, to read as follows:
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(c) Criteria for demolition debris sites:
1. No debris shall be stored or buried within thirty (30) feet of any property line;
2. All demolition activities shall be completely surrounded by a continuous one
hundred (100) percent opaque fence or wall at least eight (8) feet in height,
with a Typed "C" buffer between the fence and adjacent property
boundaries and road rights-of-way;
3. No burning activities shall be permitted on the site, except as may be
permitted pursuant to Chapter 925, Open Burning/Air Curtain Incinerator
Regulations, of the County land development regulations;
4. The applicant must obtain all required permits from the department of health
and rehabilitative services and other jurisdictional agencies.
18. Child care and adult care buffer.
LDR Section 971.28(1)(d) is hereby amended, to read as follows:
(d) Criteria for child care or adult care facilities:
1. The site shall be located on a paved road with sufficient width to accommodate
pedestrian and vehicular traffic generated by the use. The facility shall be located
near thoroughfares, as designated in the county's major thoroughfare plan, so as to
discourage traffic along residential streets in the Immediate area;
2. Special passenger loading and unloading facilities shall be provided on the same site
for vehicles to pick up or deliver clientele. Such facilities shall include driveways
that do not require any back-up movements by vehicles to enter or exit the premises;
3. All regulations of the State of Florida that pertain to the use as presently exists or
may hereafter be amended shall be satisfied;
4. Child care facilities shall provide recreation area(s) and facilities that meet or exceed
applicable state standards. The applicant shall supply to the planning division, prior
to site plan approval, written acknowledgement from the state that the proposed
recreation area(s) and facilities meet or exceed applicable state standards The
applicant shall provide either a six-foot opaque buffer or one hundred fifty -foot
setback between all outdoor recreation areas and adjacent residentially designated
properties.
5. A Type 111X "C" buffer will be required, acceptable to the planning department.
19. Civic and social membership organization buffer.
LDR Section 971.28(2)(d)1 is hereby amended, to read as follows:
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ORDINANCE 2005-030
1. (MED District Only) Buffering of the project shall consist of a Type-' "C" buffer
where abutting the MED district and Type LC "B" for adjacent where adjacent to
residential properties.
20. Places of worship buffer.
LDR Section 971.28(5)(d)4, the first paragraph thereof, is hereby amended, to read as follows:
4. A Type "C-2 "B" buffer shall be provided along all property boundaries where the
facility is located adjacent to a single-family residentially zoned property. A Type
"C" buffer shall be provided along all property boundaries when the facility is
located adjacent to a multiple -family residentially zoned property or agriculturally
zoned property having a residential land use designation.
21. Heavy utilities buffer.
LDR Section 971.44(2)(c) is hereby amended, to read as follows:
(c) Criteria for utilities, public and private --heavy:
1. See Chapter 901 for definition of utilities, public and private --heavy;
2. Any power generation facility shall be consistent with the provisions of the
Florida Electrical Power Plan Citing Act, Chapter 23, Section 23.09191 F.S;
3. All below -ground high, voltage cables within a utility right-of-way shall be
made known to the public through the use of signs posted therein;
4. The disposal of all waste, gaseous, liquid or solid, shall comply with all
federal, state and local laws;
5. Between all above -ground facilities, (except distribution and collection
facilities) and adjacent properties having a residential land use designation, a
Type "A" buffer (reduce to "B" buffer where abutting a local roadway,
reduce to "C" buffer where abutting a Thoroughfare Plan roadway) (with six-
foot opaque screening) as specified in Chapter 926, Landscaping shall be
provided;
6. In all zoning districts except the industrial districts, all equipment, machinery,
and facilities which cannot, by their size or nature, be located within an
enclosed building shall be separated from adjacent properties having a
residential land use designation by a Typed-' "C" buffer (with six-foot
opaque screening) as specified in Chapter 926, Landscaping;
7. Driveways located in close proximity to adjacent properties having a
residential land use designation shall provide a six-foot opaque screening
between the driveway and adjacent property. An eight -foot opaque screen
may be required if deemed necessary to mitigate noise and visual impacts.
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ORDINANCE 2005-030
Note: Where more than one buffer and/or screening requirement can be adequately provided
together in one buffer area, the board of county commissioners may approve plans to allow the
buffer/screening requirements to "overlap."
22. Limited utilities buffer.
LDR Section 971.44(3)(d) is hereby amended, to read as follows:
(d) Criteria for utilities, public and private --limited:
1. See Chapter 901 for definition of utilities, public and private --limited;
2. Between all above -ground facilities (except distribution and collection
facilities) and adjacent property having a residential land use designation a
Type "B" buffer (reduce to Type "C" where abutting a local or thoroughfare
plan roadway), reduce to "D" buffer where abutting a thoroughfare plan
Fealway) (with six-foot opaque screening) as specified in Chapter 926,
Landscaping, shall be provided;
3. All below -ground high voltage cables within a utility right-of-way shall be
made known to the public through the use of signs posted therein;
4. In all zoning districts except the industrial districts, all equipment, machinery
and facilities which cannot by their size or nature be located within an
enclosed building shall be separated from adjacent properties having a
residential land use designation by a Typed "C" buffer (with six-foot
opaque screening) as specified in Chapter 926, Landscaping;
5. Driveways located in close proximity to adjacent properties having a
residential land use designation shall provide a six-foot opaque screening
between the driveway and adjacent property. An eight -foot opaque screen
may be required if deemed necessary to mitigate noise and visual impacts.
Note: Where more than one buffer and/or screening requirement can be adequately provided
together in one buffer area, the Board of County Commissioners may approve plans to allow the
buffer/screening requirements to "overlap."
PART VI: GENERAL PROVISIONS.
SECTION ONE: SEVERABILITY.
If any clause, section or provision of this Ordinance shall be declared by a court of competent
jurisdiction 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 TWO: REPEAL OF CONFLICTING ORDINANCES.
The provisions of any other Indian River County ordinance that are inconsistent or in conflict with
the provisions of this Ordinance are repealed to _the extent of such inconsistency or conflict.
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ORDINANCE 2005- 030
SECTION THREE: 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 FOUR: EFFECTIVE DATE.
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 6th day of September , 2005.
This ordinance was advertised in the Press -Journal on the 22nd day of August
2005, for a public hearing to be held on the 6th day of September , 2005, at which time
it was moved for adoption by Commissioner WhPPI Pr , seconded by Commissioner
Davis , and adopted by the following vote:
Chairman Thomas S. Lowther Absent
Vice Chairman Arthur R. Neuberger
Commissioner Sandra L. Bowden Aye
Commissioner Gary C. Wheeler
Commissioner Wesley S. Davis
Aye
Aye
Aye
BOARD COUNTY COMMISSIONERS
OF IND VER COUNTY
BY:
ire
Thomas S; Lowther, Chairman
ATTEST BY:t
Jeffrey . Barton, Clerk
This ordinance was filed with the Department of State on the following date: 5002 9 T d3S
APPROV D AS TO FORM AND L AL UFFICIENCY
APPir oollins ounty • ttorney
AS TO PLANNING MATTERS
Robert M. ` eating, AICP; C • 11 unity Deve •pment Director
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