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Home My WebLink About2002-0170 ORDINANCE NO. 2002- 017 .. C1 • ..• It •. . OF • PROVISIONS •D • DATE,EFFECTIVE 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 Zoning Ordinance section 911.06(4) is hereby amended 4as follows. "(4) Uses. Uses in the agricultural and rural 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 single-family dwellings and permitted agricultural uses. No residential development in agriculturally designated areas shall occur unless such development is approved as a planned development and meets the requirements of section 911.14; the following activities shall be exempt from this requirement: (a) Construction of a single-family dwelling unit on a tract or parcel existing on October 1, 1990. (b) Division of a tract or parcel into two (2) lots, each meeting or exceeding the minimum lot size of the agricultural zoning district and meeting the lot split criteria of section 913.06(3); any subsequent split of such property shall require approval in accordance with subdivision ordinance Chapter 913 requirements or planned development requirements. (d) Division of a tract via a subdivision plat or affidavit of exemption approved in accordance with subdivision ordinance Chapter 913 requirements." Coding: Words in ^'~'�gn are deletions from existing law. Words underlined are additions. \\FILES ERVER\PUBLI0A ommunitvDevelopment\Users\CurUev\uRDIANC E\atfidavit ofexemp.doc°.— (c) Division of a tract into parcels of at least forty (40) acres in size. (d) Division of a tract via a subdivision plat or affidavit of exemption approved in accordance with subdivision ordinance Chapter 913 requirements." Coding: Words in ^'~'�gn are deletions from existing law. Words underlined are additions. \\FILES ERVER\PUBLI0A ommunitvDevelopment\Users\CurUev\uRDIANC E\atfidavit ofexemp.doc°.— ORDINANCE NO. 2002-017 2. Subdivision Ordinance Section 913.06(5) is hereby amended to read as follows: "(5) Affidavit of exemption. An affidavit of exemption from certain requirements of section 913.08 may be applied for in conjunction with proposals to create parcels containing more than two hundred thousand (200,000) square feet. (A) All affidavit of exemption application/requests shall be exempt from the following portions of section 913.08 (Required Improvements): 913.08(1)(A) --Streets 913.08(1)(D) --Erosion control provisions 913.08(1)(E)--Stormwater and floodwater management system according to Chapter 930 913.08(1)(F) 913.08(1)(C) 913.08(2)(F) --Street --Utilities and traffic systems control 913.08(1)(D) --Erosion control provisions 913.08(1)(E)--Stormwater and floodwater management system according to Chapter 930 913.08(1)(G) --Permanent control points 913.08(2)(A) --Bikeways 913.08(2)(B) --Sidewalks 913.08(2)(C) --Alleys 913.08(2)(D) --Buffering facilities and areas 913.08(2)(E) --Fire hydrants 913.08(1)(F) 913.08(2)(F) --Street signs and traffic recreational control areas markings and and signs 913.08(1)(G) --Permanent control points 913.08(2)(A) --Bikeways 913.08(2)(B) --Sidewalks 913.08(2)(C) --Alleys 913.08(2)(D) --Buffering facilities and areas 913.08(2)(E) --Fire hydrants 913,08(2)(H) --Curbing 913.08(2)0 --Street lights 913.08(2)(K) --Bridges and culverts when necessary 913.08(2)(L) --Filling and drainage as necessary 913.08(2)(M) --Traffic control devices as necessary Coding: Words in strike thfeugh are deletions from existing law. Words underlined are additions. AFILESEIZVER\PLiBLIC\Community Development\t7sers\CurDev\f)RDIA1tiC F\affidavit of exemp.doc+4 .. 913.08(2)(F) --Parks and recreational areas and facilities (see section 913.09(20) 913,08(2)(H) --Curbing 913.08(2)0 --Street lights 913.08(2)(K) --Bridges and culverts when necessary 913.08(2)(L) --Filling and drainage as necessary 913.08(2)(M) --Traffic control devices as necessary Coding: Words in strike thfeugh are deletions from existing law. Words underlined are additions. AFILESEIZVER\PLiBLIC\Community Development\t7sers\CurDev\f)RDIA1tiC F\affidavit of exemp.doc+4 .. ORDINANCE NO. 2002-017 913.08(2)(N) --Header curbs. 913.08(1)(B) --Easements 913.08(1)(H) --Rights-of-way 913.08(1)(I) --Trees and vegetation protection 913.08(2)(G) --Beach access structures and areas 913.08(2)(0) --Native vegetation preserve areas is it is 913.08(2)(P) 913.08(2)(R) 1_Right-of-way width and dedication standards --Transportation following the proposed --Marginal required improvements/design affidavit standards shall apply system to all affidavit improvements as may land preserve access (off-site exemption application/requests: and by land on-site) development 913.08(1)(B) --Easements 913.08(1)(H) --Rights-of-way 913.08(1)(I) --Trees and vegetation protection 913.08(2)(G) --Beach access structures and areas 913.08(2)(0) --Native vegetation preserve areas is it is 913.08(2)(P) to 1_Right-of-way width and dedication standards The following the proposed --Marginal required improvements/design affidavit standards shall apply and to all affidavit of as may land preserve access easements exemption application/requests: 913.08(1)(B) --Easements 913.08(1)(H) --Rights-of-way 913.08(1)(I) --Trees and vegetation protection 913.08(2)(G) --Beach access structures and areas 913.08(2)(0) --Native vegetation preserve areas 913.08(2)(2) --Emergency access is it is 913.08(2)(P) to 1_Right-of-way width and dedication standards --Environmentally requirements shall apply the proposed --Marginal affidavit of exemption application/requests. and sensitive as may land preserve access easements areas by land 913.08(2)(2) --Emergency access 1. No affidavit of exemption development or aggregation of proposed affidavits of exemption shall be approved as an affidavit(s) of exemption if such development proposes the creation of €fit S4)- txvent r 20) or more parcels. Any proposal to create fifty (5).41wenty (20) or more building sites via proposed development or aggregation of developments shall constitute a subdivision and shall require approval as a subdivision or agricultural planned development (P.D.). All provisions of this chapter shall apply. ZPASUMIZARM Coding: Words in stfike thfough are deletions from existing law. Words underlined are additions. \\E7LESER'v/ER\PLJEBLICyCommunity Development\Useis C.urDev\C)RDIANC,E\affidavit of ex� enWjocP' is it is to 1_Right-of-way width and dedication standards 913.08(2)(S) requirements shall apply the proposed --Marginal affidavit of exemption application/requests. and limited as may be required access easements by land 1. No affidavit of exemption development or aggregation of proposed affidavits of exemption shall be approved as an affidavit(s) of exemption if such development proposes the creation of €fit S4)- txvent r 20) or more parcels. Any proposal to create fifty (5).41wenty (20) or more building sites via proposed development or aggregation of developments shall constitute a subdivision and shall require approval as a subdivision or agricultural planned development (P.D.). All provisions of this chapter shall apply. ZPASUMIZARM Coding: Words in stfike thfough are deletions from existing law. Words underlined are additions. \\E7LESER'v/ER\PLJEBLICyCommunity Development\Useis C.urDev\C)RDIANC,E\affidavit of ex� enWjocP' is it is to 1_Right-of-way width and dedication standards 913.08(2)(T) requirements shall apply the proposed --Other affidavit of exemption application/requests. as may be required by land development provisions regulations. 1. No affidavit of exemption development or aggregation of proposed affidavits of exemption shall be approved as an affidavit(s) of exemption if such development proposes the creation of €fit S4)- txvent r 20) or more parcels. Any proposal to create fifty (5).41wenty (20) or more building sites via proposed development or aggregation of developments shall constitute a subdivision and shall require approval as a subdivision or agricultural planned development (P.D.). All provisions of this chapter shall apply. ZPASUMIZARM Coding: Words in stfike thfough are deletions from existing law. Words underlined are additions. \\E7LESER'v/ER\PLJEBLICyCommunity Development\Useis C.urDev\C)RDIANC,E\affidavit of ex� enWjocP' is it is to 1_Right-of-way width and dedication standards and requirements shall apply the proposed parcel(s). affidavit of exemption application/requests. 1. No affidavit of exemption development or aggregation of proposed affidavits of exemption shall be approved as an affidavit(s) of exemption if such development proposes the creation of €fit S4)- txvent r 20) or more parcels. Any proposal to create fifty (5).41wenty (20) or more building sites via proposed development or aggregation of developments shall constitute a subdivision and shall require approval as a subdivision or agricultural planned development (P.D.). All provisions of this chapter shall apply. ZPASUMIZARM Coding: Words in stfike thfough are deletions from existing law. Words underlined are additions. \\E7LESER'v/ER\PLJEBLICyCommunity Development\Useis C.urDev\C)RDIANC,E\affidavit of ex� enWjocP' is it is 2. No platting required unless necessary to provide road right-of-way frontage for the proposed parcel(s). 1. No affidavit of exemption development or aggregation of proposed affidavits of exemption shall be approved as an affidavit(s) of exemption if such development proposes the creation of €fit S4)- txvent r 20) or more parcels. Any proposal to create fifty (5).41wenty (20) or more building sites via proposed development or aggregation of developments shall constitute a subdivision and shall require approval as a subdivision or agricultural planned development (P.D.). All provisions of this chapter shall apply. ZPASUMIZARM Coding: Words in stfike thfough are deletions from existing law. Words underlined are additions. \\E7LESER'v/ER\PLJEBLICyCommunity Development\Useis C.urDev\C)RDIANC,E\affidavit of ex� enWjocP' ORDINANCE NO, 2002- 017 Each parcel resulting from the proposed division of land shall contains five (5) or more acres, except as allowed below. When the tract prior to dividing is a size which is not an even multiple of five (5) acres and does not lend itself to division into lots each containing more than five (5) acres, a fractional breakdown resulting in lots of equal size not less than two hundred thousand (200,000) square feet in size qualifies for this exemption provision. If the developer elects to divide the land by filing a plat, or if road right-of- way is to be created, all requirements of this chapter 913 shall be complied with except for those requirements or provisions specifically exempted in section 913.06(5)(A). 5.67 Where a common area(s)-or private road rights-of-way is created, the owner shall establish a landowner's association and simultaneously file a declaration of covenants and restrictions, acceptable in form to the county attorney, in the public records providing for all common areas and rights- of-way to be dedicated to the landowner's association and provisions made for their perpetual maintenance. The plat (if applicable) and declaration of restrictions shall contain the following language in bold type: "The common areas and rights-of-way are not dedicated to the public and will not be maintained, repaired or improved by the county." G. The owner shall files a declaration of restrictions prohibiting the voluntary division of land encompassed within the project into lots that are less than 6a r and,.hths ( 7 8) ^ estwo hundred thousand (200,QQ0) o, square feet in size unless such division is accomplished by filing a plat approved by the county and meeting all standards required of subdivisions under this chapter. The owner shall files an "affidavit of exemption" in the public records prior to dividing the land which shall contain: a. A legal description of the land encompassed within the project and a certified survey depicting all parcels created by the division, all private and public streets and easements; Coding: Words in .....� are deletions from existing law. Words underlined are additions. UILESERVERTUBLIC\Community Development\Users\CurDev\ORDIANCE\affidavit of exemp.doc deeds by donation The applicant shall to the county all rights-of-way necessary to comply with the minimum local road right-of-way standards and all streets created are at least the minimum street width required by section 913.09(3)(B). 5.67 Where a common area(s)-or private road rights-of-way is created, the owner shall establish a landowner's association and simultaneously file a declaration of covenants and restrictions, acceptable in form to the county attorney, in the public records providing for all common areas and rights- of-way to be dedicated to the landowner's association and provisions made for their perpetual maintenance. The plat (if applicable) and declaration of restrictions shall contain the following language in bold type: "The common areas and rights-of-way are not dedicated to the public and will not be maintained, repaired or improved by the county." G. The owner shall files a declaration of restrictions prohibiting the voluntary division of land encompassed within the project into lots that are less than 6a r and,.hths ( 7 8) ^ estwo hundred thousand (200,QQ0) o, square feet in size unless such division is accomplished by filing a plat approved by the county and meeting all standards required of subdivisions under this chapter. The owner shall files an "affidavit of exemption" in the public records prior to dividing the land which shall contain: a. A legal description of the land encompassed within the project and a certified survey depicting all parcels created by the division, all private and public streets and easements; Coding: Words in .....� are deletions from existing law. Words underlined are additions. UILESERVERTUBLIC\Community Development\Users\CurDev\ORDIANCE\affidavit of exemp.doc ORDINANCE NO. 200217 b. The official book, or plat book, and page number of official records of Indian River County where the items required in paragraphs 3 4, 5, 6—, and 6 -7 may be found; and The approval of the public works and community development directors and the county attorney's office. LQ)(B4 Application process for affidavit. All applications for affidavits of exemption shall comply with the applicable procedural and informational requirements of section 913.07(3), "formal pre -application conference" and shall be reviewed and approved by the technical review committee (TRC)." 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 the Indian River County which conflict with the provisions of this ordinance are hereby repealed to the extent of such conflict. 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 re -lettered 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 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 the Indian River County which conflict with the provisions of this ordinance are hereby repealed to the extent of such conflict. 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 re -lettered 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 ordinance was advertised in the Vero Beach Press -Journal on the 27th day of Marcr 2002, for a public hearing to be held on the 9th day of April , 2002, at which time it was moved for adoption by Commissioner Macht , seconded by Commissioner Ti ppi n , and adopted by the following vote: Coding: Words in stfike thfough are deletions from existing law. Words underlined are additions. \FILESERVER\PUt3L[C\C;ommunity Development\tJsers\CUrDey\Ol2DIANCE\affidavit of exemp.docP.4'4GEf trt�i v 1. State. This ordinance shall take effect upon filing with the Florida Secretary of This ordinance was advertised in the Vero Beach Press -Journal on the 27th day of Marcr 2002, for a public hearing to be held on the 9th day of April , 2002, at which time it was moved for adoption by Commissioner Macht , seconded by Commissioner Ti ppi n , and adopted by the following vote: Coding: Words in stfike thfough are deletions from existing law. Words underlined are additions. \FILESERVER\PUt3L[C\C;ommunity Development\tJsers\CUrDey\Ol2DIANCE\affidavit of exemp.docP.4'4GEf trt�i v 1. ORDINANCE NO. 2002- 017 The ordinance was adopted by a vote o£ Chairman Ruth M. Stanbridge Commissioner Kenneth R. Macht Commissioner Vice Chairman John W. Tippin Commissioner Kenneth R. Macht Commissioner Fran B. Adams Aye The Chairman thereupon declared the ordinance auly passed and adopted this 9th di of Apri 1 , 2002. BOARD OF COUNTY COMMISSIONERS .OF, INDIAN RIVER COUNTY Attest: J.K. Barton, Clerk Ba ra. I Y Deputy Clerk Ruth' M. Stanbridge Chairman N, Filed with the Florida Department of State` on the day of , 2002. APPROVED AS TO LEGAL FORM q kNUA William G. Collins Deputy County Attorney Community Development Director Coding: Words in stfike thfeugh are deletions from existing law. Words underlined are additions. \\F'1LESEE2VEC2\C'UBL1C\Community Develoment\[Jsers\CurUev\()RU[ANCE\affidavit of cxemp dac;+':ffiw»tg Commissioner Caroline D. Ginn Commissioner Fran B. Adams Aye The Chairman thereupon declared the ordinance auly passed and adopted this 9th di of Apri 1 , 2002. BOARD OF COUNTY COMMISSIONERS .OF, INDIAN RIVER COUNTY Attest: J.K. Barton, Clerk Ba ra. I Y Deputy Clerk Ruth' M. Stanbridge Chairman N, Filed with the Florida Department of State` on the day of , 2002. APPROVED AS TO LEGAL FORM q kNUA William G. Collins Deputy County Attorney Community Development Director Coding: Words in stfike thfeugh are deletions from existing law. Words underlined are additions. \\F'1LESEE2VEC2\C'UBL1C\Community Develoment\[Jsers\CurUev\()RU[ANCE\affidavit of cxemp dac;+':ffiw»tg