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ORDINANCE 2010- 001
AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA CONCERNING AN AMENDMENT TO
ITS LAND DEVELOPMENT REGULATIONS (LDR); PROVIDING FOR AMENDMENTS TO
CHAPTER 911, ZONING, BY AMENDING SINGLE FAMILY RESIDENTIAL DISTRICT SIZE AND
DIMENSION CRITERIA SECTION 911.07(7), AND BY AMENDING MULTI -FAMILY
RESIDENTIAL DISTRICT SIZE AND DIMENSION CRITERIA SECTION 911.08(7); 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) BE AMENDED AS FOLLOWS:
SECTION #1:
Amend LDR section 911.07(7), Size and dimension criteria, to read as follows:
Regulation
Unit
RS -2
RS -3
RS -6
RT -6
Maximum density
d.u./gr.ac.
2
3
6
6
Minimum lot size
sq. feet
SF
1600
1200
7,000
71000
Duplex
121000
Minimum lot width
feet
100
80
70
70
Minimum yard
feet
Front*
25
25
20
20
Side*
15
15
10
10
Rear*
25
25
20
20
Maximum building height
feet
35
35
35
35
Maximum building coverage-
percent of lot
25
30
30/40*
35/40*
Minimum open sace
percent of lot
40
40
40
40
Nonconforming lots of record lawfully created prior to June 18, 1991 shall meet the RS -6 yard
requirements.
2 In no case shall the density exceed the maximum permitted gross density.
3Maximum building coverage for single story detached single-family homes in RS -6 and RT -6 is
40%. For purposes of this regulation, single story homes shall not include any habitable floor area
situated more than three feet above the main ground floor elevation. Maximum building coverage
for all other types of buildings is 30% in RS -6, 35% in RT -6.
*Note: A one -foot additional setback is requited for every one (1) foot in building height over
twenty-five (25) feet in building height. For example, a building or portion of a building that has a
thirty -five-foot building height, as defined in the land development regulations, must have an
additional ten -foot setback from any adjacent front, side, or rear property line to that portion of the
building that exceeds twenty-five (25) feet in.building height.
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ORDINANCE 2010- 001
SECTION #2:
Amend LDR section 911.08(7), Size and dimension criteria, to read as follows:
Regulation
Unit
RM -3
RM -4
RM -6
RM -8
RM -10
Maximum density
d.u./gr.ac.
3
4
6
8
10
Minimum lot size
SF
sq. feet
12,000
103000
7,000
75000
73000
MF and Duplex
249000
20,000
129000
103000
1000
Minimum lot width
feet
80
80
70
70
70
Minimum yard
feet
Front
25
25
25
25
25
Side
10
10
10
10
10
Rear
25
25
25
25
25
Maximum building height
feet
35
35
35
35
35
Maximum building coverage-,
percent of lot
SF
30
30
30/40
30/40
30/40
MF/Duplex
25
25
25
25
25
Minimum open sace
percent of lot
40
40
40
30
30
1 In no case shall maximum density be exceeded
2 One foot additional yard for each two (2) feet in height over twenty-five (25) feet in building height
shall apply. Also, the RS -6 yard requirements shall apply to RM -3, RM -4, RM -6 RM -8, and RM -10
zoned nonconforming lots of record lawfully created prior to June 18, 1991.
3Maximum building coverage for single story detached single-family homes in RM -6, RM -8, and
RM -10 is 40%. For purposes of this regulation, single story homes shall not include any habitable
floor area situated more than three feet above the main ground floor elevation. Maximum building
coverage for all other types of buildings in RM -6, RM -8, and RM -10 is 30%.
SECTION #3: 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 #4: 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.
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.
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ORDINANCE 2010- 001
SECTION #5: EFFECTIVE DATE.
This Ordinance shall take effect upon filing with the Department of State.
This ordinance was advertised in the Press -Journal on the 30th day of November 2009, for a
public hearing to be held on the 15th day of December , 2009, at which the public hearing was
opened and then continued for a public hearing to be held on the 5th day of January, 2010 at which
time it was moved for adoption by Commissioner Davi s , seconded by Commissioner
Wheel er , and adopted by the following vote:
Chairman Peter D. O'Bryan
Vice Chairman Bob Solari
Commissioner Wesley S. Davis
Commissioner Joseph E. Flescher
Commissioner Gary C. Wheeler
0
Aye
0
Aye
k'4``.- �.t 4i'Zdi�
).yam • ,
BOARD OF COUNTY COMMISSIONERS. - ;
OF INDIAN RIVER COUNTY c,"
Peter D. O'Bryan, Chairm L :=
ATTEST BY:
Jeffrey K. Barton, Clerk
This ordinance was filed with the Department of State on the following date: /,M/U,a�, )o (o
APPROVED AS TO FORM AND LEGAL SUFFICIENCY
William G. Collins II, County Attorney
VED AS TO PLANNING MATTERS
A/IA� 4LI, d 14
. Keating, AICP;
Development Director
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