HomeMy WebLinkAbout1990-168/31/90(VVCORD2)LEGAL(WGC/nhm)
ORDINANCE NO. 90-16
AN ORDINANCE OF INDIAN RIVER COUNTY,
FLORIDA ESTABLISHING TITLE IX - LAND
DEVELOPMENT REGULATIONS OF THE CODE OF
INDIAN RIVER COUNTY, CONTAINING THE
FOLLOWING CHAPTERS: PURPOSE AND INTENT,
DEFINITIONS, ADMINISTRATIVE MECHANISMS,
NON -CONFORMITIES, CONCURRENCY MANAGEMENT
SYSTEM, ZONING, SINGLE FAMILY
DEVELOPMENT, SUBDIVISIONS AND PLATS,
SITE PLAN, PLANNED DEVELOPMENT,
DEVELOPMENT OF REGIONAL IMPACT,
ACCESSORY USES AND STRUCTURES, SANITARY
SEWER AND POTABLE WATER, OPEN
BURNING/AIR CURTAIN INCINERATOR
REGULATIONS, LANDSCAPE AND BUFFER, TREE
PROTECTION AND LAND CLEARING, WETLAND
AND DEEPWATER HABITAT PROTECTION, UPLAND
HABITAT PROTECTION, STORMWATER
MANAGEMENT AND FLOOD PROTECTION,
WELLFIELD AND AQUIFER PROTECTION,
COASTAL MANAGEMENT, HISTORICAL AND
ARCHAEOLOGICAL RESOURCES PROTECTION,
EXCAVATION AND MINING, ROAD ADDRESSING,
TRAFFIC, FAIR SHARE ROADWAY
IMPROVEMENTS, PARKING, MOVING STRUCTURE,
SIGNS, REGULATIONS FOR SPECIFIC LAND USE
CRITERIA, TEMPORARY USES, PUBLIC
NUISANCE, NOISE; PROVIDING REPEAL;
PROVIDING SEVERABILITY; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, by Chapter 163, Part II, Florida
Statutes, the State of Florida has required Indian River
County to adopt by ordinance and implement a comprehensive
plan; and
WHEREAS, by Chapter 163, Part It, Florida
Statutes, the State of Florida has required Indian River
County to adopt or amend by ordinance within one year of the
required comprehensive plan submittal date, land development
regulations consistent with the adopted comprehensive plan;
and
WHEREAS, the Local Planning Agency held public
hearings on August 23, 1990 after due public notice; and
WHEREAS, the Local Planning Agency recommended the
adoption of the Land Development Regulations to the Board of
County Commissioners; and
WHEREAS, the Board of County Commissioners of
Indian River County held a public hearing on September 11,
1990, after advertising pursuant to F.S. 125.66(2)(a),
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611111811111111111111111111111111111111111111111
CLERK OF THE BOARD
i
TITLE IX
LAND DEVELOPMENT
REGULATIONS
Indian River County, Florida
September 1990
"PREPARATION OF THE LAND DEVELOPMENT REGULATIONS WAS AIDED
THROUGH FINANCIAL ASSISTANCE RECEIVED FROM THE STATE OF
FLORIDA UNDER THE LOCAL GOVERNMENT LAND DEVELOPMENT
REGULATION ASSISTANCE PROGRAM AUTHORIZED BY CHAPTER 89-253,
LAWS OF FLORIDA, AND ADMINISTERED BY THE FLORIDA DEPARTMENT
OF COMMUNITY AFFAIRS."
CHAPTER 900
CHAPTER 901
CHAPTER 902
CHAPTER 904
CHAPTER 910
CHAPTER 911
CHAPTER 912
CHAPTER 913
CHAPTER 914
CHAPTER 915
CHAPTER 916
CHAPTER 917
CHAPTER 918
CHAPTER 925
CHAPTER 926
CHAPTER 927
CHAPTER 928
CHAPTER 929
CHAPTER 930
TABLE OF CONTENTS
TITLE IX Land Development Regulations
Purpose and Intent
Definitions
Administrative Mechanisms
Nonconformities
Concurrency Management
System
Zoning
Single Family Development
Subdivisions and Plats
Site Plan Review and Approval
Procedures
Planned Developments
Development of Regional
Impact
Accessory Uses and Structures
Sanitary Sewer and Potable
Water Regulations
Open Burning/Air Curtain
Incinerator Regulations
Landscape and Buffer Regulations
Trees Protection and
Land Clearing
Wetland and Deepwater Habitat
Protection
Upland Habitat Protection
Stormwater Mangement and
Floodplain Protection
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PAGE
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6
88
107
110
148
226
271
337
372
400
403
410
417
421
439
454
463
472
CHAPTER 931 Wellfield and Aquifer 501
Protection
CHAPTER 932 Coastal Management 511
CHAPTER 933 Historical and Archaeological 530
Resource Protection
CHAPTER 934 Excavation and Mining 540
CHAPTER 951 Road Addressing System 553
CHAPTER 952 Traffic 561
CHAPTER 953 Fair Share Roadway Improvements 602
CHAPTER 954 Off -Street Parking 617
CHAPTER 955 Moving Structures 639
CHAPTER 956 Sign Regulations 641
CHAPTER 971 Regulations for Specific 667
Land Use Criteria
CHAPTER 972 Temporary Uses 749
CHAPTER 973 Public Nuisance 760
CHAPTER 974 Noise and Vibration Control 767
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CHAPTER 900 PURPOSE AND INTENT
Section 900.01 Short Title
Section 900.02 Authority
Section 900.03 Jurisdiction
Section 900.04 Effective Date
Section 900.05 Relationship to Existing Zoning and Other
Ordinances
Section 900.06 Relationship to Comprehensive Plan
Section 900.07 Purpose and Intent
Section 900.08 Conformity of all Uses or Sales of Land or
Building with Chapter Provisions
Section 900.09 Fees
Section 900.01 Short Title
Title IX shall be known and may be cited as the Indian River County
Land Development Regulations Ordinance.
Section 900.02 Authority
(1) This title is adopted pursuant to the authority contained in
Article VIII, Section 1 Florida Constitution, Section
163.3202, Florida Statutes, Chapter 9J-24, Florida
Administrative Code, and Section 125.01 Florida Statutes.
(2) Whenever any provision of this title refers to or cites a
section of Chapter 163 or 125, Florida Statutes it shall be
deemed to refer to those sections, as amended.
Section 900.03 Jurisdiction
(1) This title shall be effective throughout the county's planning
jurisdiction comprised of all the unincorporated portion of
the county and such jurisdiction within municipalities as may
be conferred by Florida law.
Section 900.04 Effective Date
The provisions in this title were adopted on September 11, 1990 and
became effective on September 21, 1990.
Section 900.05 Relationship to Existing Zoning, and Other
Ordinances
To the extent that the provisions of this title are the same in
substance as the previously adopted provisions that they replace
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in the county's zoning, or other ordinances, they shall be
considered as continuations thereof and not as new enactments
unless otherwise specifically provided. In particular, a situation
that did not constitute a lawful, nonconforming situation under the
previously adopted zoning ordinance does not achieve lawful
nonconforming status under this title merely by the repeal of the
prior zoning ordinance.
Section 900.06 Relationship to Comprehensive Plan
In the case of inconsistency between the adopted Comprehensive Plan
and these Land Development Regulations the adopted planning policy
will take precedence, pursuant to Florida Statutes 163.3194 (1)(b).
Section 900.07 Purpose and Intent
The purpose and intent of this title is to implement the adopted
Indian River County planning policies as set out in Title VIII,
Comprehensive Plan, and to provide land development regulations
pursuant to Section 163.3202, Florida Statutes, for the following:
(a) Regulate the subdivision of land;
(b) Regulate the use of land and water for those land use
categories included in the land use element of the Indian
River County Comprehensive Plan and ensure the
compatibility of adjacent uses and provide for open
space;
(c) Provide for the protection of potable water wellfields;
(d) Regulate areas subject to seasonal and periodic flooding
and provide for drainage and stormwater management;
(e) Ensure the protection of environmentally sensitive land
designated in the Indian River County Comprehensive Plan;
(f) Regulate signage;
(g) Provide that public facilities and services meet or
exceed the standards established in the capital
improvements elements of the Indian River County
Comprehensive Plan, and that such public facilities and
services are available when needed for developments, or
that development orders and permits are conditioned on
the availability of these public facilities and services
necessary to serve the proposed development; and
(h) Ensure safe and convenient on-site traffic flow,
considering needed vehicular parking.
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Section 900.08 Conformity of All Uses or Sales of Land or
Building with Chapter Provisions
Subject to the Nonconforming Section of this title, no person
may use, occupy, or sell any land or buildings or authorize
or permit the use, occupancy, or sale of land or buildings
under his control except in accordance with all of the
applicable provisions of this chapter.
(2) For purposes of this section, the "use" or "occupancy" of a
building or land relates to anything and everything that is
done to, on, or in that building or land.
(1)
Section 900.09 Fees
(1) Reasonable fees sufficient to cover the costs of
administration, inspection, publication of notice and similar
matters may be charged to applicants for zoning permits, sign
permits, administrative -use permits, special -use permits,
subdivision plat approval, zoning amendments, variances,
special exception and other administrative functions. The
amount of the fees charged shall be established by resolution
of the Board filed in the office of the Board of County
Commissioners.
(2) Fees established in accordance with Subsection (1) shall be
paid upon submission of a signed application or notice of
appeal.
u\v\s\chap900
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CHAPTER 901 - DEFINITIONS
Sec. 901.01 Title
Sec. 901.02 Purpose and Intent
Sec. 901.03 Definitions in Alphabetical Order
CHAPTER 901 - DEFINITIONS
Section 901.01 Title
This chapter, the terms and definitions contained herein shall be
known as the "Indian River County, Definitions Chapter".
Section 901.02 Purpose and Intent
It is the purpose of this chapter to maintain the definitions of
terms for all of the land development regulations of Indian River
County, Florida.
Section 901.03 Definitions in Alphabetical Order
Abandon - To discontinue a use or activity for more than six (6)
consecutive months.
Abandonment - To cease or discontinue a use or activity without
intent to resume, but excluding temporary or short term
interruptions to a use or activity during periods of remodeling,
maintaining, or otherwise improving or re -arranging a facility, or
during normal periods of vacation or seasonal closure.
Abandonment, Right-of-way - An action by the Board of County
Commissioners, closing, abandoning, vacating, surrendering,
discontinuing, remissing and releasing any interest the county may
have in the subject right-of-way.
Abutting - Having a common border with, or being separated from
such a common border by a right-of-way, alley, or easement.
Abutting Property - Property that is immediately adjacent to or
contiguous to property that is subject to review or property that
is located immediately across any road or public right-of-way from
the property subject to review.
Acceleration Lane - The portion of a roadway adjoining the traveled
way for the purpose of enabling a vehicle entering a roadway to
increase its speed to a rate at which it can more safely merge with
through traffic.
Access, Point of - A driveway or other opening for vehicles onto
a public street.
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Accessory Apartment - A second dwelling unit, either in or added
to an existing single-family detached dwelling, or in a separate
accessory structure on the same lot as the main dwelling, for use
as a complete, independent living facility with provision for
cooking, eating, sanitation, and sleeping. Such a dwelling is an
accessory use to the main dwelling.
Accessory Structure - A structure which is customarily associated
with, subordinate in size and incidental in use to the principal
structure and located on the same site. Examples are tool sheds
and garages.
Accessory Use - A use which:
a) Is clearly incidental to, customarily found in
association with, and serves a principal use;
b) Is subordinate in purpose, area, and extent to
the principal use served; and
c) Is located on the same lot as the principal
use, or on an adjoining lot in the same
ownership as that of the principal use.
Accessway - A paved area intended to provide ingress and egress of
vehicular traffic from a public or private right-of-way to an off-
street parking area.
Adjacent - A lot or parcel of land that is nearby and not
necessarily abutting. The lots or parcels may be separated by
streets, rights-of-way, power lines, or similar open areas.
Administrative Permit Use - A use that would not be appropriate
generally or without restriction throughout the zoning district but
which, if controlled as to number, area, location, or relation to
the neighborhood, would not be detrimental to public health,
safety, or general welfare.
Administrator - The Indian River County Administrator.
Adopted Portion of the Indian River County Comprehensive Plan -
Those portions of the Comprehensive Plan adopted by the Board of
County Commissioners by Ordinance No. 90-3 as the adopted portion
of the plan pursuant to the requirements of Chapter 163, Part II,
Florida Statutes, and FAC 9J -5.005(c).
Adult Arcade - An establishment where, for any form of
consideration, one or more motion picture projectors, slide
projectors or similar machines, for viewing by five (5) or fewer
persons each, are used to show films, motion pictures, video
cassettes, slides, photographic reproductions, or other visual
materials having as their primary or dominant theme the depiction
of or description of "specified sexual activities" or "specified
anatomical areas". Such use is generally not open to the public
in general, but only to one or more classes of the public,
excluding minors by reason of age.
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Adult Bookstore An establishment that sells or rents, or offers
to sell or rent, for any form of consideration, adult materials and
that (a) more than twenty (20) percent of the stock on view to the
public, excluding minors, consists of adult materials or, (b) more
than twenty (20) percent of its gross revenue is derived from the
sale or rental of adult materials. "Adult materials" shall mean
any one or more of the following:
1. Books, magazines, periodicals, or other printed matter,
or photographs, films, motion pictures, video cassettes
or video reproductions that have as their primary or
dominant theme the depicting or describing of "specified
sexual activities" or "specified anatomical areas" as
defined; or
2. Instruments, devices, or paraphernalia which are designed
for use in connection with "specified sexual activities"
as defined.
Adult Care Facility - An establishment, whether operated for profit
or not, which undertakes through its ownership or management to
provide basic services to three or more adults, not related to the
owner/operator by blood or marriage, for a period of less than
twenty-four (24) hours a day on a regular basis.
Adult Dancing Establishment - An establishment that permits,
suffers or allows dancers, employees or other persons to display
or expose "specified anatomical areas" to public view, regardless
of whether the employees or other persons actually engage in
dancing.
Adult Entertainment Business - Any of one or more of the following
described businesses: Adult arcade, Adult bookstore, Adult dancing
establishment, Adult motion picture booth, Adult mini -motion
picture theater or drive-in, Adult motel/hotel, Adult personal
service business and Adult theater.
Adult Mini -Motion Picture Theater - An enclosed building with a
capacity of less than fifty (50) persons including, but not limited
to, an adult arcade having as a principal activity the presentation
of material having as the primary or dominant theme the depiction
of, description of, or portrayals of "specified anatomical areas"
or "specified sexual activities". Such use is generally not open
to the public in general but only to one or more classes of the
public, excluding any minor by reason of age.
Adult Motel/Hotel - Any hotel or motel, boarding house, rooming
house or other lodging which includes the word "adult" in any name
it uses or otherwise advertises the presenting of closed circuit
television transmissions, films, video, motion pictures or other
visual material having as its primary or dominant theme the
depicting or describing of "specified sexual activities" or
"specified anatomical areas", as defined, for observation by
patrons of such establishment.
Adult Motion Picture Booth - An enclosed area designed or used for
the viewing by one or more persons of motion pictures, films, video
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cassettes, slides or other visual materials which have as their
primary or dominant theme matters depicting, illustrating or
relating to "specific anatomical areas". Such use is not generally
open to the public in general but only to one or more classes of
the public, excluding any minor by reason of age.
Adult Motion Picture Theater or Drive -In - An enclosed building or
a portion or part of an enclosed building or open air establishment
designed to permit viewing by patrons for any form of consideration
films, video or other visual material in which the primary or
dominant theme of the material presented is distinguished or
characterized by emphasis on matter depicting, describing, or
related to "specified sexual activities" or "specified anatomical
areas", as defined. Such use is generally not open to the public
in general but only to one or more classes of the public, excluding
any minor by reason of age.
Adult Personal Service Business - A business having as a principal
activity a person, while displaying or exposing specific anatomical
areas, providing personal services for another person on an
individual basis in a closed room. It includes, but is not limited
to, the following activities and services: Massage parlors, erotic
rubs, and modeling studios. Such services are generally not
offered to the public in general but only to one or more classes
of the public, excluding any minor by reason of age. It does not
include activities performed by persons pursuant to, and in
accordance with, licenses issued to such persons by the State of
Florida, Department of Professional Regulation, Board of Massage,
and by state law, Chapter 480, Florida Statutes.
Adult Theater - A theater, concert hall, auditorium or similar
establishment which features persons who appear in a state of
nudity or live performances which have as their primary or dominant
theme the depicting or describing of "specified anatomical areas"
or by "specified sexual activities". Such uses are not generally
open to the general public, excluding minors by reason of age.
The determination as to whether an establishment constitutes an
adult establishment, as herein defined, shall be based upon
reasonable cause. Reasonable cause may be established through
visual observation or the stock, review of financial records,
consideration of the nature of the stock which does not constitute
adult materials or such other means which establishes a reasonable
likelihood that the establishment constitutes an adult
establishment.
Advertising Structure - Any structure, with or without any
advertisement display thereon, situated upon or attached to real
property, upon which any sign may be placed and:
a) is used to inform, attract attention, or advertise; and,
b) is readily visible from any public place off the
premises; and
c) upon which writing, pictorial representation, decoration,
emblem (except a religious emblem) flag, figure,
character or other media is located.
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Agricultural Lands - Those lands in any bonafide agricultural use.
Agriculture Use - Activities listed as "permitted agricultural
uses" in accordance with Chapter 911, Zoning.
Agricultural Operation - Land use and associated activities
relating to bona fide agricultural production, including but not
limited to farming, dairying, pasturage agriculture, horticulture,
floriculture, viticulture, and animal and poultry husbandry,
whereby said land use is the principal use of a property and said
property is classified as agricultural land for purposes of ad
valorem tax assessment.
Air Curtain Incinerator - A portable or stationary combustion
device that directs a plane of high velocity forced draft air
through a manifold head into a pit with vertical walls in such a
manner as to maintain a curtain or air over the surface of the pit
and a recirculating motion of air under the curtain.
Air Rights - The ownership or control of all land, property, and
that area of space at and above a certain horizontal plane located
over the ground surface of land. The horizontal plane shall be at
a height that is reasonably necessary or necessary or legally
required for the full and free use of the ground surface.
Airport or Airstrip - Any run -way landing area designed, used or
intended to be used either publicly or privately for the landing
and taking off of aircraft, including taxiways, storage and tie
down areas, hangars and other necessary structures.
Airport Conical Zone - The area extending outward from the
periphery of the horizonal zone for a distance of 4,000 feet.
Height limitations for structures in the conical zone are 150 feet
above airport height at the inner boundary with permitted height
increasing one foot vertically for every 20 feet of horizontal
distance measured outward from the inner boundary to a height of
350 feet above airport height at the outer boundary.
Airport Primary Zone - An area longitudinally centered on a runway,
extending 200 feet beyond each end of that runway with the width
so specified for each runway for the most precise approach existing
or planned for either end of the runway.
Airport Transitional Zone - The area extending outward from the
sides of the primary zones and approach zones connecting them to
the horizontal zone. Height limits within the transitional zone
are the same as the primary zone or approach zone at the boundary
line where it adjoins and increases at a rate of one foot
vertically for every seven (7) feet horizontally, with the
horizontal distance centerline, until the height matches the height
of the horizontal zone or conical zone or for a horizontal distance
of 5,000 feet from the side of the part of the precision approach
zone that extends beyond the conical zone.
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Alarm - A signal, such as a loud noise or flashing light, that
warns or alerts.
Alarm (Smoke) - Any device which is used in a building or premises
for the detection of fire and smoke and which when activated emits
a sound, signal, or message to alert others, whether emitted on or
off the premises or to the central office of an alarm business.
Alarm User - Any person, business, institution or corporation using
an alarm or occupying and controlling a premises or building, or
a portion of a premises or building, served by an alarm.
Alley - A public or private way which affords only a secondary
means of access to property abutting thereon and not intended for
general traffic circulation.
Alter (Alteration) - Any work beyond maintenance of the original
condition including additions to an existing system, changes of any
part of an existing system to capacities or locations different
from those originally constructed, or changes in the rate, volume
or timing of discharges.
Alteration, Structural - Any change or rearrangement in the
supporting members of an existing building, such as bearing walls,
columns, beams, girders or interior partitions, as well as any
change in doors or windows, or any enlargement to or diminution of
a building or structure, whether horizontally or vertically, or the
moving of a building or structure from one location to another.
Amusement Arcade - A building or part of a building in which five
or more pinball machines, videogames, or other similar player -
operated amusement devices are maintained.
Amusement Park - See Commercial Amusement, Unenclosed.
Animal - Generally, any living dumb creature capable of self -
locomotion, but if the context requires, may refer to only a dog
or cat, or both.
Animal Control Authority - Refers to one or more or all of those
offices, departments, agencies, groups or individuals, designated
by the board of county commissioners of Indian River County to
provide a function or service relating to animal control or
regulation under the terms of this chapter.
Animal Race Track - See Commercial Amusement, Unenclosed.
Antenna - Any system of wires, poles, rods, reflecting disc, or
similar devices used for the transmission or reception of
electromagnetic waves external to or attached to the exterior of
any building.
Applicant - Any person or his duly authorized representative who
submits plans through any county agency for the purpose of
obtaining approval thereof.
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Aquaculture - Any activity devoted to the hatching, raising, and
breeding of fish or other aquatic plants or animals for sale or
personal use.
Aquifer - A geological unit in which porous and permeable
conditions exist and thus are capable of yielding usable amounts
of water.
Aquifer, Floridan - (a geological unit) comprised of layers of
limestone and dolomite of the middle Eocene through Oglicene ages,
underlying the Hawthorn Formation of Miocene age. The Floridan
Aquifer underlies the entire county at depths ranging from about
250' to more than 2700' below sea level.
Aquifer Recharge Area - An area that has soils and geological
features that are conducive to allowing significant amounts of
surface water to percolate into groundwater.
Aquifer, Shallow - See Surficial Aquifer.
Aquifer, Surficial - A water bearing stratum which is not covered
by a confining (impervious) bed and which can be replenished
directly by rainfall. In Indian River County, the surficial
Aquifer generally extends from the top of the water table to about
one hundred fifty (150) feet below land surface.
Artificial Light - Any fixed source of light emanating from a
manmade device, including but not limited to, incandescent mercury
vapor, metal halide, or sodium lamps, spotlights, street lights,
construction or security lights.
As -Built Plans - Amended construction drawings specifying the
actual locations dimensions, elevations, capacities, and
capabilities of structures and facilities as they have been
constructed on or under the site; also known as record drawings.
Assessment or Assessments - To make an official valuation which is
subject to a charge. See also Special Assessments.
Atlantic Coastal Sand Ridge - A prehistoric geologic formation
located parallel and proximate to U.S. Highway #1 in Indian River
County. The Sand Ridge shall be characterized by having a
combination of the following attributes:
1) The substrate is predominately excessively
drained deep sandy soils or associated
moderately well drained soils, being one or
more of the following: Paloa, St. Lucie,
Astatula, Archbold, Pomello, Orsino, and/or
Jonathan soil series (as verified by the Soil
Conservation Service);
2) The land supports predominately sand pine
(Pinus clausa) and associated scrub
vegetation; and/or
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3) The natural topographic elevation is equal to
or greater than 25 feet mean sea level (MSL).
Authorized Person - A person other than a public officer or county
employee who is authorized by the board of county commissioners of
Indian River County, Florida, to incur travel expenses in the
performance of official county duties.
Automobile Wrecking Yard - (Also see Junkyard) A site utilized for
the dismantling or wrecking of used motor vehicles or trailers, or
the storage, sale, or dumping of dismantled or wrecked vehicles or
their parts. The presence on any lot or parcel of land of two or
more motor vehicles which, for a period exceeding 30 days, have
not been capable of operating under their own power and from which
parts have been or are to be removed for reuse or sale shall
constitute prima-facie evidence of an automobile wrecking yard.
Average Annual Daily Traffic Volume - Seasonally adjusted average
number of vehicles that pass a point on a roadway segment on a
daily basis.
Background Traffic - Existing and projected traffic, including the
traffic from each prior vested and current vested project that is
assigned to segments on the Concurrency Determination Network.
Backlogged Segment - A roadway segment on the Concurrency
Determination Network where the existing level of service is below
the adopted level of service standard as specified in Chapter 952,
Traffic Impact Study, Level of Service Standards.
Banktop - The point where the upward slope of the land from the
water surface, or the bottom of a dry excavation intersects with
the existing ground elevation or crest of berm, whichever is of
higher elevation.
Banner - Any sign having characters, letters, illustrations, or
ornamentations applied to cloth, paper, balloons, or fabric of any
kind with only such material for foundation. The word "banner"
shall also include pennant or any animated device, with or without
lettering for design, and manufactured and placed for the purpose
of attracting attention.
Bar - Any place selling and dispensing alcoholic beverages for
consumption on the premises. Also see Tavern.
Base Facilities Charge - The charge imposed by the county for each
equivalent residential unit which is not related to actual usage
of either water or sewer service but represents a portion of the
cost to the county of having the system available to serve that
equivalent residential unit.
Base Flood - The flood having a one (1) percent chance of being
equalled or exceeded in any given year.
Basement - A story partly underground and having at least one-half
of its height above the average adjoining grade. A basement or
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cellar shall be counted as a story if the vertical distance from
the average adjoining grade to the ceiling is over five feet.
Basic Grid System - A series of designated parallel lines one mile
apart, intersecting a second set of designated parallel lines one
mile apart forming approximately one square mile areas (also known
as sections).
Beach - That area of unconsolidated material that extends landward
from the seasonal mean low water line of a waterbody to the place
where there is a marked change in material or physiographic form,
or to the line of permanent vegetation (usually the effective limit
of storm waves).
Beach Club - A membership establishment, not available for use by
the general public, providing for recreational and social
activities related to an in close proximity to the beach.
Bed and Breakfast Inn - An owner -occupied dwelling unit that
contains no more than three guest rooms where lodging, with or
without meals, is provided for compensation.
Bedroom - Any room used principally for sleeping purposes, an all-
purpose room, a study, or a den, provided that no room having less
than 100 square feet of floor area shall be considered a bedroom.
Best Management Practices (BMP) - A practice, or combination of
practices, that is determined by a State (or designated areawide
planning agency) after problem assessment, examination of
alternative practices, and appropriate public participation to be
the most effective, practicable (including technological, economic,
and institutional considerations) means of preventing or reducing
the amount of pollution generated by nonpoint sources to a level
compatible with environmental quality goals.
Bicycle - Every vehicle propelled solely by human power upon which
any person may ride, having two tandem wheels, and including any
vehicle generally recognized as a bicycle though equipped with two
front or two rear wheels, except such vehicles with a set height
of no more than 25 inches from the ground when the seat is adjusted
to its highest position, and except scooters and similar devices.
Bicycle Facilities - A general term denoting improvements and
provisions to accommodate or encourage bicycling, including parking
facilities, maps, all bikeways, and shared roadways not
specifically designated for bicycle use.
Bicycle Lane (Bike Lane) - A portion of a roadway which has been
designated by striping, signing and/or pavement markings for the
preferential or exclusive use of bicyclists.
Bicycle Path (Bike Path) - A bikeway physically separated from
motorized vehicular traffic by an open space or barrier and either
within the highway right-of-way or within an independent right-
of-way.
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Bicycle Route (Bike Route) - A segment of a system of bikeways
designated by the jurisdiction having authority with appropriate
directional and informational markers, with or without a specific
bicycle route number.
Bikeway - Any road, path, or way which in some manner is
specifically designated as being open to bicycle travel, regardless
of whether such facilities are designated for the exclusive use of
bicycles or are to be shared with other transportation modes.
Billboard (Off -Premise Sign) Any sign or framework thereof
installed for the purpose of directing the public to the location
of a business, residential community, church, institution or civic
organization at a place other than a location of the sign.
Bite - An action whereby an animal physically breaks the skin of
another animal or human with its teeth.
Block - A tract of land or group of lots bounded by streets or
other well-defined and fixed boundaries.
Board - The board of county commissioners of Indian River County.
Board of Adjustment - A body authorized to hear and decide
variances from the strict application of the land development
regulations.
Boarding House - An establishment with lodging for five or more
persons where meals are regularly prepared andserved for
compensation and where food is placed upon the table family style,
without service or ordering of individual portions from a menu.
Boat - A vehicle designed for operation as a watercraft propelled
by oars, sails, or one or more internal combustion engine(s). A
boat shall not be considered as a recreational vehicle even though
it has facilities for temporary living quarters.
Boat Livery - A commercial establishment providing boat hauling or
launching facilities, rental of covered or uncovered boat slips or
dock space or enclosed dry storage space, rental or sale of boats
and boat motors, repair and maintenance of boats and boat motors,
sale of marine fuel and lubricants, and as accessory service uses,
on -shore restaurants, hotels, or motels, and sale of bait and
fishing equipment. The term boat livery includes marinas but shall
not be deemed to include boat yards.
Boat Slip - A space designed for the mooring of a single
watercraft. Such spaces may extend from a dock or shoreline but
shall not be allowed to project from a pier.
Boat Yard - A premise or site used as an industrial establishment
for the provision of all such facilities as are customary and
necessary to the construction, reconstruction, repair, or
maintenance and accessory sale of boats, marine engines, or marine
equipment, supplies, or services of all kinds including, but not
15
limited to, rental of covered or uncovered boat slips, or dock
space or enclosed dry storage space, lifting or launching services.
The term boat yards shall include marinas and boat liveries.
Bond - A surety instrument underwritten by a surety insurer
authorized to transact such business in the State of Florida.
Borrow Pit - Any place or premises where dirt, soil, sand, gravel,
or other material is removed below the grade of surrounding land
for any purpose other than that necessary and incidental to site
grading or building construction.
Bottle Club - A commercial premises primarily established for the
on-site consumption of alcoholic beverages and other materials
normally associated with the preparation of alcoholic beverages to
be consumed on-site, but not requiring an alcoholic beverage
license. Bottle clubs may be public or private. Other private
clubs such as golf and tennis clubs, health clubs, beach clubs, or
social membership organization, where the on-site consumption of
alcohol is not the primary purpose of attendance, shall not be
considered to be bottle clubs.
Breakaway Wall or Frangible Wall - A partition independent of
supporting structural members that will withstand designwind
forces, but will fail under hydrostatic, wave, and run-up forces
associated with the design storm surge. Under such conditions, the
wall shall fail in a manner such that it breaks up into components
that will minimize the potential for damage to life or adjacent
property.
Buffer, Opaque Feature - An additional screening requirement
pertaining to landscape buffers, to provide a visual screen between
adjacent land uses. An opaque buffer feature is intended to
completely exclude all visual contact between uses, to a specified
height (six (6) feet or three (3) feet). The opaque feature is
applied in conjunction with a particular buffer type, said buffer
type consisting of canopy/shade trees, understory and groundcover
(reference Chapter 926, Landscape and Buffer Ordinance). The
opaque feature may be composed of a wall, fence, landscaped earth
berm, planted vegetation, or existing vegetation, or any
combination thereof which maintains a completely opaque screen of
a specified height. The opaque feature must be opaque in all
seasons of the year.
Buffer Strip - Land area which may contain plant material,
vegetated berm, fencing, or other landscaping that is used to
separate one use from another to shield or block noise, light or
other nuisances, used for physical or spatial separation. (Also
see Screening).
16
Buildable Area - The area of a lot remaining after the minimum
yard, dedicated lands, wetlands, and open space requirements of the
county land development regulations have been met.
Building - An enclosed structure that is principally aboveground.
The term includes mobile homes and gas or liquid storage tanks.
Any structure designed or built for the support, enclosure, shelter
or protection of persons, animals, chattels or property of any
kind.
Building Facade - That portion of any exterior elevation of a
building extending from grade to the roof line and the entire width
of the building elevation, including window area.
Building Front - That area of the building which faces the public
or private road by which the building was numbered.
Building, Height of - The vertical distance to the highest point
of the roof for flat roofs; to the deck line of mansard roofs, to
themean height between the eaves and ridge for sloped roofs
measured from the average natural grade or the minimum flood
elevation, whichever is higher. The FDNR Design Breakaway Wave
Crest Elevation (DBWCE) shall constitute minimum flood elevation,
where applicable.
Building Official - The Director of the Building Division of the
Community Development Department and all inspectors working under
his/her authority and direction.
Building Permit - The document issued by the building division
authorizing the applicant to initiate construction activity in
accordance with the most recently adopted building code.
Building, Principal - A building occupied by the principal use of
the lot on which it is located.
Building Support Structure - Any structure which supports floor,
wall or column loads, and transmits them to the foundation. The
term shall include beams, grade beams or joists, and includes the
lowest horizontal structural member exclusive of piles, columns or
footings.
Bulky Items - Any tangible item such as furniture, appliances,
bicycles, motor vehicles or similar property not having a useful
purpose to the owner or abandoned by the owner and not included
within the definition of garbage, garden trash, or rubbish.
Campground - An area or tract of land on which accommodations for
temporary occupancy are located or may be placed, including cabins,
tents, and major recreational equipment and which is primarily used
for recreational purposes and retains an open air or natural
character.
Canopy - The upper portion of a tree consisting of limbs, branches,
and leaves.
17
Capital Budget - A plan of proposed capital outlay appropriations
and means of financing them.
Capital Improvement - Any physical asset constructed or purchased
to provide, improve or replace a public facility and which is large
scale and high in cost. The cost of a capital improvement is
generally nonrecurring and may require multi-year financing.
Capital Improvements Element (CIE) - That portion of the Indian
River County Comprehensive Plan which meets the requirements in
Chapter 163, F.S. Rule 9J-5. This is the plan element which guides
the provision of the needed capital improvements identified in the
other plan elements.
Capital Improvement Program (CIP) - A multi-year schedule of
capital improvements which not only reflects those improvements
identified in the comprehensive plan but also those other capital
improvements which are desired by the county.
Carwash - A building or area that provides facilities for washing
and cleaning motor vehicles, which may use production line methods
with a conveyor, blower, or other mechanical devices, and which may
employ some hand labor.
Cemetery - Land used or intended to be used for the burial of the
dead and dedicated for cemetery purposes, including columbariums,
crematories, mausoleums, and mortuaries when operated in
conjunction with and within the boundaries of such cemetery.
Centralized Stormwater Management Plan - See Stormwater Management
Plan, Centralized.
Certificate of Completion - That certificate issued for subdivision
projects by the community development department after final
inspection of a subdivision or land development activity
acknowledging that improvements have been completed in conformity
with the requirements of county land development regulations and
with the approved land development plans and specifications.
Certificate of Concurrency Determination - A Certificate of
Concurrency compliance. The certificate will be issued only after
review and approval of a concurrency determination application.
Certificate of Ownership - An opinion of title prepared by an
attorney at law licensed in Florida or a certification by an
abstractor or a title company showing that apparent record title
to the land described and shown on the plat is in the name of the
person(s) or business entity executing the dedication, if any, as
it is shown on the plat, if a plat does not contain a dedication,
that the developer has apparent record title to the land. The
title opinion or certification shall also show all mortgages or
other encumbrances of record not satisfied or released and shall
be in the form set forth in Chapter 913, Subdivisions and Platting.
Chairman - The chairman of the Board of County Commissioners.
18
Change of Use - See Use, Change of.
Channel of the Intracoastal Waterway - All waters within the
navigable channel of the Intracoastal Waterway in the Indian River
in Indian River County, Florida, and which navigable channel is a
part of the inland waterways, and which said navigable channel is
located by buoys or other markers placed by the U.S. Coast Guard
or Florida Inland Navigation District (FIND) together with the area
extending a distance of one hundred (100) feet from each side of
said channel in a direction away from the center of such channel
and the sides of which channel being as determined and marked by
the buoys and markers placed by U.S. Coast Guard or Florida Inland
Navigation District (FIND).
Charitable Institutions - Nonprofit corporations operating physical
facilities in Florida at which are provided charitable services,
a reasonable percentage of which shall be without cost to those
unable to pay.
Child Care - The care, protection and supervision of a child for
a period of less than twenty-four (24) hours a day on a regular
basis which supplements for the child, in accordance with his
individual needs, daily care, enrichment opportunities, and health
supervision and where a payment, fee or grant is made for care.
Child Care Facility - A facility which includes any duly licensed
child care center or child care arrangement that provides child
care for more than five (5) children unrelated to the operator and
which receives a payment, fee or grant for any of the children
receiving care, wherever operated, and whether or not operated for
profit. The following are not included: Public schools and
nonpublic schools which are in compliance with the Compulsory
School Attendance Law, Chapter 232, Florida Statutes; summer camps
having children in full-time residence; summer day camps, and Bible
schools normally conducted during vacation periods. The provisions
of this act shall not apply to a child care facility which is an
integral part of a church when such child care is only associated
with child care provided during services and other church
activities or parochial schools conducting regular classes or
courses of study.
Chlorination - Chemical method of water treatment involving
sterilizing, oxidizing, and bleaching procedures. The process
causes ions of iron and manganese to precipitate out of the water
and oxidizes hydrogen sulfides.
Church - An institution that people regularly attend to participate
in or hold religious services, meetings, and other activities. The
term "church" shall not carry a secular connotation and shall
include buildings in which the religious services of any
denomination are held. (See also Places of Worship).
Circuit Court - The Circuit Court of the Nineteenth Judicial
Circuit of the State of Florida, in and for the County of Indian
19
River, or of the judicial circuit in which
time be located, or any judge thereof.
Classification - The method by which a
businesses is identified by size or type,
Clerk - The clerk of the board of county
River County, Florida or the clerk of the
River County, Florida.
Clinic - A building designed and used for the diagnosis and
treatment of human patients that does not include overnight care
facilities.
the county shall at the
business or
or both.
commissioners
circuit court
group of
of Indian
of Indian
Closing Hours - That time which begins a period when a public
facility is closed to the general public.
Club - Buildings or facilities owned or operated by a corporation,
association, or persons for a social, educational, or recreational
purpose; but not primarily for profit or to render a service that
is customarily carried on as a business.
Coastal Construction Control Line - A line of regulatory
jurisdiction as established in 1987 by the Florida Department of
Natural Resources, (Section 161.053 F.S.). All activity seaward
of the line must be coordinated with F.D.N.R.
Coastal Barrier Island - A geological feature which is completely
surrounded by marine waters and fronts the Atlantic Ocean.
Coastal Building Zone - The land area of the coastal barrier island
extending from the seasonal high-water line of the Atlantic Ocean
to a line five thousand (5,000) feet landward from the State
Coastal Construction Control Line (CCCL) as may be amended, or the
entire barrier island, whichever is less.
Coastal High Hazard Area - An area of special flood hazard
extending from offshore to the inland limit of a primary frontal
dune along an open coast and any other area subject to high
velocity wave action from storms or seismic sources.
Code Enforcement Official - The community development director or
his representatives duly authorized by the board of county
commissioners to enforce county regulations.
Co -generation Facility - A place where there is the combined
production of two (2) or more forms of energy which usually
involves the capture of waste heat for use in another process.
Column Action - Potential elastic instability in piles or columns
resulting in axial or lateral bending of the member due to
compressive stress.
Commencement of Land Development (Project) - The beginning of any
of the activities defined as development (project).
20
Commercial Amusement - Establishments engaged primarily in
providing amusement or entertainment for a fee or admission charge.
Commercial Amusement, Enclosed - A commercial amusement
establishment, the operations of which are conducted entirely
within the confines of an enclosed building or structure, excluding
necessary off-street parking facilities. This definition includes,
but is not limited to, the following: bowling alleys, billiard and
pool establishments, indoor skating rinks, video arcades, and
indoor theaters.
Commercial Amusement, Temporary - A commercial amusement which is
established as a temporary use. This definition includes, but is
not limited to, the following: circuses, carnivals, festivals,
fairs and special exhibitions.
Commercial Amusement, Unenclosed - A commercial amusement which is
conducted in an outdoor area or in an unenclosed structure. This
definition includes, but is not limited to, the following: drive-
in theaters, miniature golf courses, golf driving ranges, animal
or vehicular race tracks, amusement parks and stadiums.
Commercial Fishery - A commercial establishment for the receiving,
processing, packaging, storage, and wholesale or retail
distribution and sale of products of the sea. Such an
establishment may include facilities for the docking, loading,
unloading, fueling, icing and provision of vessels and for the
drying, maintenance and storage of equipment.
Commercial/Industrial/Institutional Complex - A land area of three
(3) or more acres under unity of title which is designed to
accommodate: 1) an office park; 2) a retail shopping center; 3) a
discount or wholesale mart; 4) an industrial center; 5) a hospital
or 6) a park.
Commercial Use - A11 nonresidential, non -institutional and,
industrial establishments, but not limited to and without regard
to whether they are profit or nonprofit organizations or retail
and/or wholesale establishments; including motels, hotels, stores,
office buildings, restaurants, service stations, garages,
laundries, cleaning establishments, for -hire services, and all
other business required to obtain occupational licenses.
Commercial Vehicle - Any motor vehicle which: (1) is designed or
used principally for business, governmental, or non-profit
organizational purposes or for carrying passengers for hire and (2)
has a platform, cabinet, box, rack, compartment, or other facility
for transportation of materials, equipment, and items other than
the personal effects of private passengers.
Commercial Wastes - Wastes generated by commercial and/or
institutional uses. Physical characteristics of these wastes are
similar to those of residential wastes, in that they consist
largely of combustible materials in the form of paper and food
21
waste from offices, restaurants, retail establishments, schools,
hospitals, motels, and churches.
Commission - The board of county commissioners of Indian River
County.
Community Center - A place, structure, area, or other facility used
for and providing religious, fraternal, social, and/or recreational
programs generally open to the public and designed to accommodate
and serve significant segments of the community.
Comprehensive Plan - The Indian River County Comprehensive Plan,
adopted pursuant to the "Local Government Comprehensive Planning
and Land Development Regulation Act of 1985', Section 163.3161 et.
seq., Florida Statutes, as amended.
Conceptual Development Order - Any development order which changes
the potential density and intensity of use of lands such as a
Comprehensive Plan Land Use Amendment or a Rezoning; these
development orders do not authorize any construction or physical
changes to the property.
Concurrency Determination Network - A listing of all existing and
planned roadway segments within Indian River County that comprise
the roadway network to be used when evaluating the traffic impacts
of a proposed development.
Concurrency Determination Network Map - A map illustrating all
existing and planned roadway segments within Indian River County
that comprise the roadway network to be used when evaluating the
traffic impacts of a proposed development.
Concurrency Management System - The process used to determine that
public facilities and services needed to support development are
available concurrent with the impacts of such development.
Concurrency Review Process - The procedures, review time -frames,
and appeals process pursuant to Chapter 910, Concurrency Management
System of the Indian River County Land Development Regulations.
Condominium - That form of ownership of property under which units
of improvements are subject to ownership by one or more owners, and
there is appurtenant to each unit as part thereof an undivided
share in the common elements. Condominium property means and
includes the land in a condominium whether or not contiguous, and
all improvements thereon and all easements and rtghts appurtenant
thereto intended for use in connection with the ::ondominium.
Cone of Depression - A Depression in the potentiometric surface of
a body of ground water that has the shape of an inverted cone and
develops around a pumped well.
Congregate Housing - A residential facility for four or more
elderly persons {age 60 or older) within which are provided living
and sleeping facilities, meal preparation, laundry services, and
22
room cleaning. Such facilities may also provide other
services,such as transportation for routine social and medical
appointments, and counseling.
Conservation Areas - Real property supporting a natural area or
areas protected via the filing of a conservation easement, whereby
such areas are preserved in viable condition with intact canopy,
understory, and groundcover, as applicable. Conservation areas are
generally established in accordance with the requirements of
Chapter 928, Wetlands and Deepwater Habitat Protection, and Chapter
929, Upland Habitat Protection. Such areas include freshwater and
estuarine wetlands, and upland plant communities such as coastal
strand, hardwood hammocks, xeric -scrub, coastal/tropical hammocks,
pine flatwoods, and dry prairies.
Conservation areas are allowed as credit toward other county land
development regulations such as landscape, buffer, and open space
requirements, and minimum yard setback requirements. Certain
activities, such as passive recreation, may be allowed in
conservation areas provided the activities are not detrimental to
the health of the ecological system.
Conservation Easement - An easement granting a right or interest
in real property that is appropriate to retaining land or water
areas predominately in their natural, scenic, open, or wooded
condition; retaining such areas as suitable habitat for fish,
plants, or wildlife; or maintaining existing land uses.
Consistent with the Indian River County Comprehensive Plan - A
determination that the land uses, densities or intensities and
other aspects of development permitted by a development order are
compatible with and further the goals, objectives, policies, land
uses, and densities or intensities in the Indian River County
Comprehensive Plan.
Constrained Facility - A roadway segment on the Concurrency
Determination Network that is currently backlogged or projected to
be backlogged due to the inability to expand the facility because
of environmental concerns, inability to economically obtain
required right-of-way, or community policies about the extent of
road widening considered to be acceptable without undue degradation
of neighborhood character.
Construction - The building of or substantial improvement to any
structure or the clearing, filling, or excavation of any land. It
shall also mean any alterations in the size or use of any existing
structure or the appearance of any land. When appropriate to the
context, "construction" refers to the act of construction or the
result of construction.
Construction (Start of) - Any on-site activity including land
clearing, earth moving, or the erection of structures. "Start of
construction" includes substantial improvement, and means the date
the building permit was issued, provided the actual start of
constructing, repair, reconstruction, placement, or other
improvement was within one hundred eighty (180) days of the permit
23
date. The actual start means either the first placement of
permanent construction of a structure on a site, such as the
pouring of a slab or footings, the installation of piles, the
construction of columns, or any work beyond the stage of
excavation; or the placement of a manufactured home on a
foundation. Permanent construction does not include land
preparation, such as clearing, grading and filling; nor does it
include the installation of streets and/or walkways; nor does it
include excavation for a basement, footings, piers, or foundations
or the erection of temporary forms; nor does it include the
installation on the property of accessory buildings, such as
garages or sheds not occupied as dwelling units or not part of the
main structure.
Construction Material Sales - A retail establishment which sells
materials used for the construction and maintenance of structures.
Such materials shall include but not be limited to lumber and
related supplies, roofing supplies, plumbing fixtures supplies,
and electrical materials and fixtures.
Construction Plans or Drawings - Those detailed engineered plans,
specifications and calculations prepared in accordance with county
and other applicable regulations, codes and standards, submitted
to the county for approval of a Site and Development Plan or Final
Subdivision Plan, which set forth the specific improvements to be
made in conjunction with development as they affect the existing
site, its boundary conditions, topography, drainage, access, and
associated road and other right-of-way and easements.
Contiguous - Next to, abutting, or touching and having a boundary,
or portion thereof, which is coterminous.
Control Elevation - An elevation determined by engineering
analysis, which for a particular stormwater management system,
provides the necessary volume and discharge required for flood
attenuation and for water quality control. Generally the lowest
elevation at which stormwater runoff can be discharged over, or
through, a control structure, such as a weir, orifice, or culvert.
Convenience Store - Any retail establishment offering for sale
prepackaged food products, household items, and other goods
commonly associated with the same and having a gross floor area of
less than 5,000 square feet.
Country Club - A land area and buildings containing recreational
facilities, clubhouse and the usual uses accessory thereto, open
only to members and their guests for a membership fee. Country
clubs shall be interpreted to include multi-purpose recreational
clubs as well as golf courses, tennis clubs and similar membership
recreational facilities. (also see Club).
County - Indian River County, Florida.
County Commission - The board of county commissioners of Indian
River County, Florida.
24
County Engineer - The regular engineer for the county or any
qualified engineer employed by the board to perform the engineering
services requested to be performed in connection with any district.
County Standards - The minimum specifications, design standards and
construction details as compiled by the office of the county
engineer and adopted by resolution of the board of county
commissioners as the "Indian River County Engineering Standards".
Courtyard - An open, unobstructed, unoccupied space, other than a
yard, that is on the same lot with and bounded on two or more sides
by the walls of a building.
Critical
a.
b.
c.
d.
Flood Zone - An area characterized by the following:
Lands subject to inundation by a ten (10) year flood;
Wetlands, watercourses and waterbodies;
Floodways; and
Isolated topographic depressions with a history of
flooding or a high potential for flooding.
Critical Transportation Location - For projects generating between
100 to 499 average daily trips, any segment where the combined
traffic volume impact of the existing plus prior vested and current
vested background traffic is at or above 90 percent of the FDOT
generalized planning capacity at the applicable service level for
the segment or other calculated segment capacity as approved by the
Director of Public Works; for projects generating between 500 to
1000 average daily trips, any segment where the combined traffic
volume impact of the existing plus prior vested and current vested
traffic is at or above 70 percent of available capacity at level
of service "E" based on the FDOT's Generalized Level of Service
Tables.
Cul -De -Sac - A minor street intersecting another street at one end
and terminating at the other end by a vehicular turnaround.
Cultural Or Civic Facility - A building or complex of buildings
that houses public or private not-for-profit facilities, offices
or services, and which may include civic or community centers,
theaters, predominantly used for live performances, libraries,
zoological or botanical gardens, historical landmarks, museums and
similar facilities.
Current Vested Development - All development projects approved
after September 1, 1990 for which an initial concurrency
determination or final concurrency determination has been made.
Custom Installation - An installation which employs outside
construction methods, either aerial or underground, different from
those employed in the distribution system serving the subscriber,
where inside wiring involves installation of cable or wire in any
attic, crawl space, or within the dead space area of any wall or
other area not readily accessible or involving excessive time, care
of expertise, or which requires the use of more than two hundred
25
(200) feet of standard lead-in cable or of additional amplification
equipment on the subscriber's property in order to provide proper
service.
dB - See decibel.
dB(A) - The standard abbreviation for A -weighted sound levels in
decibels. A -weighted sound levels are a measurement of sound
approximating the sensitivity of the human ear, used to note the
intensity or annoyance of sounds.
Debris - Fragments or accumulations of pieces or cuttings of metal,
rubber, plastics, cloth, paper, glass, or any other natural,
manufactured or vegetative matter.
Debt - An obligation resulting from the borrowing of money or from
the purchase of goods and services. Debts of governments include
trends, time warrants, and notes.
Debt Service - Payments of principal, interest and other required
contributions to an amortization or sinking fund resulting from
debt obligations.
Deceleration Lane - That portion of a roadway adjoining the
traveled way for the purpose of enabling an exiting vehicle to slow
to the safe speed on the curve ahead after it has left the traveled
way.
Decibel - The unit measurement of sound level calculated by taking
ten times the common logarithm of the ratio of the magnitude of the
particular sound pressure to the standard reference sound pressure
of twenty (20) micropascals and its derivatives. It is abbreviated
as dB.
Decision -Making Authority - Any state or local government
commission, board, agency, department or official having authority
to issue a development order as defined herein.
Deck Line - See Roof Line.
Deep Aquifer - See Aquifer, Floridan.
Deepwater Habitats - Permanently flooded lands lying below the
deepwater boundary of wetlands. Deepwater habitats include
environments where surface water is permanent and often deep, so
that water, rather than air, is the principal medium within which
the dominant organisms live, whether or not they are attached to
the substrate. As in wetlands, the dominant plants are
hydrophytes; however, the substrates are considered nonsoil because
the water is too deep to support emergent vegetation.
The boundary between wetland and deepwater habitat in the Marine
and Estuarine systems coincides with the elevation of the extreme
low water of spring tide; permanently flooded areas are considered
deepwater habitats in these systems. The boundary between wetland
and deepwater habitat in the Riverine, Lacustrine, and Palustrine
26
systems lies at a depth of 2 m (6.6 feet) below low water; however,
if emergents, shrubs, or trees grow beyond this depth at any time,
their deepwater edge is the boundary.
Delegation of Authority - The policy applicable to these land
development regulations specifying that whenever a provision
appears requiring the head of a department or some other County
officer or employee to do some act or perform some duty, it is to
be construed to authorize the head of the department or other
officer to designate, delegate and authorize professional -level
subordinates to perform the required act or duty unless the terms
of the provision or section specify otherwise.
Demolition Debris Site - Property utilized by special trade
contractors primarily engaged in the wrecking and demolition of
buildings and other structures. The operation may or may not
entail the selling of material derived from demolition.
Density - A measure of the intensity of residential development per
unit area of land herein expressed as the number of dwelling units
per acre.
Design Storm - The twenty-five (25) year return frequency, twenty-
four (24) hour duration, Soil Conservation Service Type II modified
rainfall distribution. The minimum total amount of precipitation
for this twenty-four (24) hour duration storm shall be 8.64 inches.
Designated Impoundment Facility - Facility designated or recognized
by the board of county commissioners of Indian River County for the
purpose of impounding and caring for animals.
Developer - Any individual, firm, association, syndicate, co-
partnership, corporation, trust or any other legal entity that
proposes a project under the terms of these land development
regulations.
Development - A subdivision of land or a site and development as
defined by the Indian River County Land Development Regulations,
a residential mobile home park, and any other construction whether
residential, commercial, industrial, office, professional,
institutional, or recreational, except an individual single family
residence on an individual lot, or lots.
Development Order - Any action granting, denying, or granting with
conditions, an application for a development permit.
Development Order, Final - Any building permit(s) authorizing
construction of a new building, or the expansion of floor area, or
the increase in the number of dwelling units contained in an
existing building, or modifications to an existing building, or
modifications to an existing building or site to accommodate a
change in use for which a new CO will be required, and any CO
authorizing a change in the use or authorizing the initial use of
a parcel or structure or portion thereof where there is no other
27
final development order in effect, reviewed and approved in
accordance with this ordinance, authorizing said use.
Development Order, Initial - Any development order which grants,
denies, or grants with conditions an application for development;
such as preliminary subdivision plans, final subdivision plans,
site and development plans, construction plans, planned development
and Development of Regional Impact. These DO's do not issue
building permits for construction or change of use which require
a new Certificate of Occupancy (C.O.).
Development Permit - Any building permit, zoning permit,
preliminary subdivision plan, subdivision or other plat approval,
site and development plan approval, Comprehensive Plan Land Use
Amendment, rezoning, certification, special exception, variance,
environmental permit or any other official action of Indian River
County or any other state or local government commission, board,
agency, department or official having the effect of permitting
development of land located within the geographic area subject to
the provisions of the Indian River County Land Development
Regulations. Development shall include all activities set forth
in Section 380.04, Florida Statutes.
Development Project - Any intentional man -caused change or
improvement to land which increases the amount of impervious cover
or results in the change in elevation of any portion of the land
or changes the existing storm water system and flood management
system. A development project shall include but shall not be
limited to all projects which require site plan or subdivision
approval under the county code.
Development (Project) - For purposes of these land development
regulations, "development" or "project" shall be as defined
pursuant to Section 380.04, Florida Statues as Follows: Development
means the carrying out of any building activities or mining
operation or the making of any material change in the use or
appearance of any structure or land and/or the dividing of land
into three or more parcels. Reference to specific activities below
is not intended to limit the generality of this paragraph.
The following activities or uses shall be taken for the purposes
of this chapter to involve development, as defined in this section:
a) a reconstruction, alteration of the size, or material
change in the external appearance of a structure or land;
b) a change in the intensity of use of land, such as an
increase in the number of dwelling units in a structure
or on land or a material increase in the number of
businesses, manufacturing establishments, offices, or
dwelling units in a structure or on land;
c) alteration of a shore or bank of a seacoast, river,
stream, lake, pond, or canal, including any coastal
construction as defined in Section 161.021 Florida
Statutes;
d) commencement of drilling, except to obtain soil samples,
mining, or excavation on a parcel of land;
e) demolition of a structure;
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f) clearing of land as an adjunct of construction;
g) deposit of refuse, solid or liquid waste, or fill on a
parcel of land.
The following operations or uses shall not be taken for the
purpose of this chapter to involve development as defined in
this section:
a) work by a highway or road agency or railroad company for
the maintenance or improvement of a road or railroad
track, if the work is carried out on land within the
boundaries of the right-of-way;
b) work by any utility and other persons engaged in the
distribution or transmission of gas, water, sewer,
electricity or other utility for the purpose of
inspecting, repairing, renewing, or constructing on
established rights-of-way any sewers, mains, pipes,
cables, utility tunnels, power liens, towers, poles,
tracks, or the like;
c) work for the maintenance, renewal, improvement, or
alteration of any structure, if the work affects only the
interior or the color of the structure or the decoration
of the exterior of the structure;
d) the use of any structure or land devoted to dwelling uses
for any purpose customarily incidental to enjoyment of
the dwelling;
e) the use of any land for the purpose of growing plants,
crops, trees, and other agricultural purposes;
f) a change in use of land or structure from a use within
a district specified in an ordinance or rule to another
use in the same district;
g) a change in the ownership or form of ownership of any
parcel or structure;
h) the creation or termination of rights of access, riparian
rights, easements, covenants concerning development of
land, or other rights of land.
Development, as designated in this ordinance, includes all
other development customarily associated with it unless
otherwise specified. When appropriate to the context,
development refers to the act of developing or to the result
of development. Reference to any specific operation and is
not intended to mean that the operation or activity, when part
of other operations or activities, is not development.
Reference to particular operations is not intended to limit
the generality of this subsection.
Development Regulations - All technical codes adopted by Indian
River County including the land development regulations adopted in
the implementation of the comprehensive plan.
Dewatering, Offsite - The removal of water from the ground water
table by artificial or mechanical means and the subsequent routing
of the water off the legally described property, where the removal
of the water from the ground water table occurred.
Diameter At Breast Height (dbh) - The standard measure of a single -
stemmed tree at four and one-half (4 1/2) feet above grade. When
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a tree has grown with cluster stems at breast height, dbh shall be
equal to the sum or aggregate of the individual stems measured at
four and one-half (4 1/2) feet above grade.
Direct Visual Access - Unobstructed line -of -sight from within a
dwelling unit to all or portion of an open space area.
Directly Accessed Segment - That major roadway segment on the
concurrency determination network serving as a development
project's immediate and direct access of ingress and egress.
Discharge - The outflow of water from a project site, drainage
basin or other facility.
Districts - Those nine (9) geographical areas as identified on the
Traffic Impact Fee District Map, which is incorporated herein by
reference.
Diverging - The division of a single stream of traffic into
separate streams.
Dock - Commercial - A fixed or floating structure, including
moorings, used for the purpose of berthing buoyant vessels on a
commercial basis. A commercial dock does not include a marina,
boat livery, or boat yard. A commercial dock may exist
independently or as an incidental part of a marina, boat livery,
or boat yard.
Dock - Dry - An upland structure used for storing watercraft. A
dry dock may be part of a boat livery or boat yard but shall not
be permitted as part of a marina.
Dock - Private - A fixed or floating structure, including moorings,
used for the purpose of berthing buoyant vessels and which does not
produce income, and does not serve as in inducement to renting,
purchasing, or using accompanying facilities. A dock may include
a pier.
Domestic Animals - See Household Pets
Dormitory - A building used as group living quarters for a student
body, religious order, or other group as an associated use to a
college, university, boarding school, orphanage, convent,
monastery, farm labor camp, or other similar use. Dormitories do
not include kitchen facilities, except a group kitchen facility to
serve all residents.
DOT - The Florida Department of Transportation.
Drainage - The removal of surface water or groundwater from land
by drains, grading or other means which include runoff controls
designed to minimize erosion and sedimentation during and after
construction or development, to preserve the water supply, and to
promote water quality, and to prevent or alleviate flooding.
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Drainage Basin - The area defined by topographic boundaries which
contributes stormwater to a drainage system, estuarine waters, or
oceanic waters, including all areas artificially added to the
basin.
Drainage Detention Structure - A structure which collects and
temporarily stores stormwater for the purpose of treatment through
physical, chemical, or biological processes with subsequent gradual
release of the stormwater.
Drainage Facilities - A system of man-made structures designed to
collect, convey, hold, divert or discharge stormwater, and includes
stormwater sewers, canals, detention structures, and retention
structures.
Drainage Retention Structure -
prevent the release of a given
site storage.
Drainage System (Artificial)
storm sewer or other man-made
surface flow of water.
A structure designed to collect and
amount of stormwater by complete on-
- Any canal, ditch, culvert, dike,
facility which tends to control the
Drainage System (Natural) - Surface streams or marshes which
convey water to natural points of drainage.
Drive -In Business - An establishment, which serves, sells or
otherwise makes available its services to patrons situated in
automobiles.
Drive-in Facility - An establishment that, by design of physical
facilities or by service or packaging procedures, encourages or
permits customers to receive a service or obtain a product that may
be used or consumed in a motor vehicle on the premises or to be
entertained while remaining in an automobile.
Drive-in Theater - See Commercial Amusements, Unenclosed.
Driveway - Every entrance or exit used by vehicular traffic to or
from properties adjoining roadways.
Driveway, Divided - A driveway so designated that traffic entering
it is separated from traffic leaving it by a raised median or
physical barrier.
Driveway, Joint -Use - A driveway shared by two (2) adjoining
properties for connection to both properties.
Driveway Return Radius - A circular pavement transition between the
driveway and the highway for facilitating turning movements.
Driveway Width - Narrowest width of driveway measured perpendicular
to center line of driveway.
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Dune - A mound or ridge of loose sediments, usually sand -sized,
lying landward of the beach, and deposited by natural or artificial
means.
Dune Crossover Structure - Any structure, system or device utilized
for the purpose of traversing the primary dune area of the beach.
Dune Stabilization Setback Line (DSSL) - The county line of
regulatory prohibition as recorded on June 10, 1981 in Plat Book
10, Pages 93-93H, whereby no construction other than Florida
Department of Natural Resources and county approved coastal
stabilization projects or dune walkovers structures is allowed.
Duplex (Two Family Dwelling) - A residential building containing
only two (2) dwelling units.
Dwelling - A structure intended to be occupied primarily for
residential purposes.
Dwelling - Attached - A one -family dwelling attached to two or more
one family dwellings by common vertical walls.
Dwelling, Detached - A freestanding dwelling which is not attached
to any other dwelling by any structural means.
Dwelling - Multiple Family - A residential building containing two
(2) or more dwelling units.
Dwelling - Seasonal - A dwelling not used for permanent residence
and not occupied for more than six month in each year.
Dwelling - Single Family - A building designed for or occupied
exclusively by one family as a single housekeeping unit. A single
family dwelling shall not include a mobile home.
Dwelling, Triplex - A structure containing three (3) dwelling
units.
Dwelling Unit - One (1) or more rooms in a residential building or
residential portion of a building which are arranged, designed,
used or intended for use as a complete, independent living facility
for no more than one (1) family, and which includes permanent
provisions for living, sleeping, eating, cooking and sanitation.
The room(s) shall provide direct access to the outside or to a
public hallway.
Dwelling Unit - Efficiency - A dwelling unit consisting of not more
than one habitable room together with kitchen or kitchenette and
sanitary facilities.
Easement - The right of a person, government agency, or public
utility company to use public or private land owned by another for
a specific purpose.
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Educational Institutions - State tax -supported or parochial, church
and nonprofit private schools, colleges or universities conducting
regular classes and courses of study required for accreditation by
or membership in the Southern Association of Colleges and Secondary
Schools, Department of Education or the Florida Council of
Independent Schools.
Effluent - The liquid by-product of the wastewater treatment
process.
Elevation - Height in feet expressed in relation to mean sea level
and referenced to the National Geodetic Vertical Datum (NGVD).
Emergency Service Providers - Basic and advanced life support
services operators holding a valid certificate of public
convenience and necessity issued by Indian River County, Florida.
Emergency Shelter/Mission - A nonprofit, charitable, or religious
organization providing boarding and/or lodging and ancillary
services on its premises to primarily indigent, needy, homeless,
or transient persons.
Encroachment - Any protrusion of a structure, vehicle .or other
object into a designated area, subject to the allowances and
restrictions of county regulations.
Enforceable Development Agreement - Any agreement entered into by
a local government with any person having a legal or equitable
interest in real property located within its jurisdiction as
provided for by Sections 163.3220-163.3243, Florida Statutes.
Engineer - A person registered and currently licensed to practice
civil engineering in the State of Florida.
Environmental Planner - A designated individual, reporting to the
Community Development Director employed by Indian River County who
is responsible for the administration of the provisions of the
environmental protection, coastal management, landscape, tree
protection and related chapters of this code and prosecution of any
violations thereof. An environmental planner shall hold a
bachelor's degree from an accredited university or college in
either landscape, architecture, horticulture, forestry, or botany,
and have at least three (3) years of significant work-related
experience in a land development or construction industry, or
environmental regulation setting with direct interface with the
land development or construction industry. Alternatively, an
environmental planner may have a master's degree in urban planning
or related field from an accredited college or university with at
least three (3) years, significant work-related experience in the
landscaping, horticulture, forestry, or environmental protection
setting, provided such experience involved direct contact or
interface with the land development or construction industries.
Equivalent Residential Unit (ERU) - 1) Each single-family residence
narvad by tha [minty thranah a sinala water motor andlnr sinalp
sewer service connection constitutes one equivalent residential
unit. 2) Each residential room or combination of rooms, designed
to be occupied on a permanent or long-term basis, and not otherwise
defined as a hotel or motel herein, and each apartment unit,
condominium unit, multifamily unit or prepared mobile home space
that includes connection points for sewer and/or water service and
that is owner -occupied, offered separately for rent as a rental or
lease unit.
Erosion - The process of the gradual wearing away of land masses.
Estuarine Environment - Those lands contiguous and adjacent to the
Indian River Lagoon and St. Sebastian River where saturation with
water is the dominant factor determining the nature of soil
development and the types of plant and animal communities living
in the soil and on its surface.
Eutrophication - The slow aging process of a lake evolving into a
marsh and eventually disappearing. During eutrophication the lake
is choked by abundant plant life. Human activities that add
nutrients to a water body can speed up this action.
Excavation - Removal or recovery by any means whatsoever of soil,
rock, materials, mineral substances or organic substances other
than vegetation, from water or land on or beneath the surface
thereof, or beneath the land surface, whether exposed or submerged.
Existing Development - Any development, improvement or impervious
surface existing on a project site at the time of request for
development order approval or building permits, as applicable.
Existing Land Development Activity - The most intense use of land
within the twelve (12) months prior to the time of commencing land
development activity generating traffic.
Extended Littoral Zone Shelf - The most landward extent of the
littoral zone, located between control elevation and one vertical
foot above control elevation. This segment of littoral zone
receives intermittent inundation and is the area where trees are
to be planted in association with implementation of water
management standards as contained in Chapter 934, Excavation and
Mining.
Facade - The exterior wall of a building exposed to public view or
that wall viewed by persons not within the building.
Fair Share Roadway Improvements Fee - The fee required to be paid
in accordance with the terms of the Fair Share Roadway
Improvements, Chapter 953.
False Alarms - All activated alarms, responded to by the fire
department which do not qualify as class "A" alarms, including, but
not limited to, alarms activated through inadvertence, neglect,
accident, alarm testing, or faulty installation or maintenance.
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Family - Any number of individuals, related by blood, marriage, or
adoption, or up to four (4) individuals not so related living
together as a single house -keeping unit, and utilizing common
kitchen facilities within the dwelling.
Farm or Farmland - A parcel of land of not less than 35 acres, in
one ownership, that is used primarily for the commercial, soil
dependent cultivation of agricultural crop production and/or for
the raising of livestock. The term "one ownership" shall include
an individual, corporation, business trust, estate, trust,
partnership, association, or two or more persons having a joint or
common interest in the land.
FDOT Generalized Planning Capacity - The service volume capacities,
general daily, general peak hour and general peak hour/peak
direction as defined in the Florida Department of Transportation
publication entitled Florida's Level of Service Standards and
Guidelines Manual for Planning.
Feedlot - Any tract of land or structure, pen, or corral, wherein
cattle, horses, sheep, goats, and swine are maintained in close
quarters for the purpose of fattening such livestock for final
shipment to market.
Feepayer - A person commencing land development activity generating
traffic that places additional demand on the County's major road
network system and who has paid a "Fair Share Roadway Improvements
Fee" in accordance with the terms of the Fair Share Roadway
Improvements, Chapter 953.
Fence (or Wall) - A freestanding standing structure of any material
or combination of materials erected for confinement, screening and
partition purposes.
Festival - Musical or Entertainment - Any gathering of groups or
individuals for the purpose of listening to or participation in
entertainment which consists primarily of musical renditions
conducted in open spaces not within an enclosed structure.
Filling Stations - See Gasoline Service Station.
Filtration or to Filter - The selective removal of suspended matter
from stormwater by passing the water through at least two (2) feet
of a suitable fine -textured granular medium such as porous soil,
uniformly graded sand and gravel or other natural or artificial
aggregate, which may be used in conjunction with filter fabric or
underdrain pipe or both.
Fire Flow Demand - The required fire flow water demand established
for a specific building structure to be supplied by a water
distribution system based on the Insurance Service Office (ISO)
Fire Suppression Grading Schedule. The fire flow demand is set
for each specific building based on the type of structure, floor
area, occupancy, and other characteristics.
35
Fiscal Year - A twelve month period of time to which the annual
operating budget applies and at the end of which a government
determines its financial position and the results of its operation.
Flag - A piece of fabric with a coloror
or anizatiretern that presents
some country, state, county, city, party, organization.
g
Flea Market - Flea Market, swap shop or similar activity, by
whatever name, or those uses which involve the setting up of two
or more booths, tables, platforms, racks or similar display areas
for the purpose of selling or buying merchandise, goods, materials,
products or other items offered for sale outside an enclosed
building. A "Flea Market" as defined herein shall not be intended
to include a "garage sale", "bake sale", fruit or produce stands,
booths in an enclosed building or art festivals or any similar
activities.
Flood (Flooding) - A general and temporary condition of partial or
complete inundation of normally dry land areas from:
1) The overflow of inland or tidal waters; and
2) The unusual and rapid accumulation of runoff of surface
waters from any source.
Flood Insurance Rate Map (FIRM) - An official map of a community,
on which the federal emergency management agency (FEMA) has
delineated both the areas of special flood hazard and the risk
premium zones applicable to the community.
Flood Insurance Study - The official report provided by the federal
emergency management agency. The report contains flood profiles,
as well as the flood boundary-floodway map and the water surface
elevation of the base flood.
Flood, Regulatory - The one -hundred year flood, which is the flood
that has a one percent probability of being equalled or exceeded
in any given year, as indicated on the official county flood hazard
map, the flood insurance rate map (FIRM).
Flood, Ten (10) Year - That flood that has a ten (10) percent
probability of being equalled or exceeded in any given year.
Floodlight - Reflector type light fixture which is attached
directly to a building and which is unshielded.
Floodplain - An area inundated during a 100 -year flood event or
identified by the National Flood Insurance Program as an A zone or
V zone on Flood Insurance Rate Maps or Flood Hazard Boundary Maps.
Floodway - See Regulatory Floodway.
Floor - Any floor (including basement) usable for living purposes
which include working, sleeping, eating, cooking or recreation, or
a combination thereof.
36
Floor Area Ratio - A measure determined by dividing the gross floor
area of all buildings on a lot by the area of that lot.
Floor Area - Gross - The sum of the total horizontal areas of
several floors of all buildings on a lot, measured from the
exterior faces of exterior walls. The gross floor area shall
include basement; elevator shafts; stairwells at each story; floor
space used for mechanical equipment with structural headroom of six
feet, six inches or more; penthouses; attic space, whether or not
a floor has actually been laid, providing structural headroom of
six feet, six inches or more; interior balconies; and mezzanines.
Floor Area - The area included within the outside dimensions of all
enclosed floor area under roof, excluding garages, open and
screened porches, carports, terraces, and patios.
Floor, Lowest - See Lowest Floor.
Force Main - A pressurized segment of the distribution or
collection system.
Foster Home - A single family dwelling which provides a family
living environment including supervision and care necessary to meet
physical, emotional, and social life needs of clients. A foster
home may serve either children or adults.
Frontage - Lineal distance measured along abutting public or
private rights-of-way.
Frontage Street Facade - A building facade which fronts on a
street. If same shall be over thirty (30) feet high, only the
first thirty (30) feet of commercial facade shall be considered the
frontage street facade.
Fruit and Vegetable Juice Extraction - An activity that entails
squeezing fruit or vegetables with the specific end product being
fruit or vegetable juice.
Fruit and Vegetable Processing - An industrial activity resulting
in fruit or vegetable being changed from one form to another.
Processing will generally include subprocesses such as the addition
of other substances and will result in specific products such as
juice concentrate, pectin, and other by-products.
Fruit and Vegetable Stand - A building or structure used
exclusively for the retail sale of fruit, vegetables, jellies
and/or honey.
FSUTMS - The Florida Standard Urban Transportation Modeling System
adopted by the Florida Department of Transportation for use in
transportation planning modeling.
Fund - A fiscal and accounting entity with a self -balancing set of
accounts in which cash and other financial resources, all related
liabilities, and residual equities, or balances, and changes
therein, are recorded and segregated to carry on specific
37
activities or attain certain objectives in accordance with special
regulations, restrictions or limitations.
Funeral Chapel - A place of assembly used to conduct funeral
services (ceremonies).
Funeral Home - A premises, structure or site used as a commercial
establishment for the preparation of deceased humans for burial
and/or for the conduction of funeral services prior to burial or
other disposition of deceased human remains. Such a premises,
structure or site shall not be used for the burial, prolonged
storage or permanent disposition of deceased human remains.
Garage, Private - A detached accessory building or portion of a
main building used for the parking or storage of automobiles for
the occupants of the main building. A carport is to be considered
a private garage.
Garage, Repair - A building designed and used for the storage,
care, repair, or refinishing of motor vehicles including both minor
and major mechanical overhauling, paint, and body work.
Garage, Public - A building designed and used for the storage of
automotive vehicles operated as a business enterprise with a
service charge or fee being paid to the owner or operator for the
parking or storage of privately owned vehicles.
Garbage - Every refuse accumulation of animal, fruit, or vegetable
matter that attends the preparation, use, cooking and dealing in,
or storage of edibles, and any other matter, or any nature
whatsoever, which is subject to decay, putrefaction, and the
generation of noxious or offensive gases or odors, or which, during
or after decay, may serve as breeding or feeding material for flies
or other germ -carrying insects, or any other container of the
material defined herein, but excludes animal carcasses.
Garden Trash - All accumulation of leaves, grass, shrubbery
cuttings, logs, tree limbs, brush, palm fronds, and other refuse
attending the care of lawns, shrubbery, vines and trees.
Gasoline Service Station - Any structure, building or land used for
retail sales and dispensing of motor vehicle fuels or oils, whether
self-service or not. A service station may furnish supplies,
equipment and minor repair services, including tires, to vehicles
incidental to selling and dispensing of motor vehicle fuels and
oils.
General Obligation Bonds - Bonds backed by a pledge of the general
taxing power or "full faith and credit" of the issuing government.
General Recreation - A land use type, as described in the Fair
Share Roadway Improvements Chapter 953, that is not listed in the
Chapter's fee schedule and is not assigned a specific recreational
land use code in the current Institute of Traffic Engineers (ITE)
Manual.
38
Glare - A sensation of brightness within the visual field that
causes annoyance, discomfort, or loss in visual performance and
visibility.
Golf Driving Range - See Commercial Amusement, Unenclosed.
Grade - The inclination with respect to the horizontal plane of any
land such being generally expressed by stating the vertical rise
or fall as a percentage of the horizontal distance.
Grants - Contributions or gifts of cash or other assets from a
public or private agency or government to be used or expended for
a specific purpose, activity, or facility.
Greenhouse - A building whose roof and sides are made largely of
glass or other transparent or translucent material in which the
temperature and humidity can be independently regulated for the
cultivation of plants for subsequent sale or personal enjoyment.
This definition shall not include noncommercial structures which
are accessory to a permitted principal use and do not have a gross
floor area that exceeds two hundred (200) square feet.
Grid Numbering System - A uniform method of assigning and
coordinating the addresses of buildings and properties based on a
designated grid system.
Gross Leasable Area - The gross building area and site area that
is rented or leased for money or other goods or considerations for
any activity or use.
Ground Cover - Low growing plants other than turf grass that, by
the nature of their characteristics, completely cover the ground
and do not usually exceed two (2) feet in height.
Groundwater Aquifer - See Aquifer.
Group Home - Level I - A State licensed facility which provides
a family living environment including the supervision and care
necessary to meet physical, emotional, and social life needs of
clients. The facility may also provide education and training for
resident clients. Level 1 group homes shall have maximum capacity
of no more than eight (8) residents.
Group Homes - Level II, III and Residential Centers - State
licensed facilities which provide a family living environment
including supervision and care necessary to meet physical,
emotional, and social life needs of clients. The facilities may
also provide education and training for resident clients. These
group homes shall be distinguished by their resident capacity as
follows:
Level II group home, up to twelve (12) residents;
Level III group home, up to twenty (20) residents; and Residential
centers, twenty-one (21) or more residents.
39
Grubbing - The removal or destruction of any living rooted
shrubbery; the denuding of parcel by digging, raking, or
dragging; activities which disturb the roots of such vegetation or
the soil in which such roots are located in a manner which is
calculated to result, or likely to result, in the death,
destruction or removal of such vegetation.
Gun - Any instrument capable of firing a projectile or bullet at
a high velocity, including, but not limited to, any air gun, sling
or slingshot.
Hazardous Waste - Solid waste, or a combination of solid wastes,
which because of its quantity, concentration, physical, chemical,
or infectious characteristics, may cause, or significantly
contribute to, an increase in mortality or an increase in serious
irreversible or incapacitating reversible illness or may pose a
substantial present or potential hazard to human health or the
environment when improperly transported, disposed of, stored,
treated, or otherwise managed. These materials include volatile,
chemical, biological, explosive, flammable, radioactive, toxic
materials, fecal wastes, animal carcasses, and pathologic wastes.
Health Club - A facility which may be a gymnasium (except public),
private club (athletic, health, or recreational), reducing salons
or weight control establishment. Also See Commercial Amusement,
Enclosed.
Health/Recreation Facility - An indoor facility including uses such
as game courts, exercise equipment, locker rooms, jacuzzi, and/or
sauna and pro shop. See also Commercial Amusement, Enclosed.
Hedge - A landscape barrier consisting of a continuous, dense
planting of shrubs.
Height - The vertical distance to the highest point of the roof for
flat roofs; to the deck line of mansard roofs; and to the average
height between eaves and the ridge for sloped roofs, measured from
the average natural grade or the minimum flood elevation, whichever
is higher.
Helipad - An area designed to accommodate touch -down and lift-off
of one helicopter for the purpose of picking up and discharging
passengers or cargo. Such an area shall contain no operation
facilities other than one (1) tie down space and such additional
facilities as required by law, ordinance or regulation.
Heliport - An area designed to accommodate all phases of operation
of helicopters with suitable space and facilities for a terminal,
loading, unloading service and storage of such aircraft, to include
facilities for such accessory uses as are commonly associated with
an airport terminal.
Highest Adjacent Grade - The highest natural elevation of the
ground surface prior to construction next to the proposed walls of
a structure.
40
Highway - A general term denoting a public way for purposes of
vehicular travel, including the entire area within the right-of-
way.
Historic Roads - Protected Area - The area thirty (30) feet
parallel to and abutting the right-of-way lines on any historic or
scenic road set forth in the comprehensive plan of Indian River
County.
Historic Tree - A tree which has been determined to be of notable
historic interest and value to Indian River County because of its
location, or historic association, with the community, and which
has been so designated by the board of county commissioners in the
official record books of the county following a public hearing with
due notice provided in advance by certified mail to the owner.
Home Occupation - Any occupation or activity carried on within a
residential property, where the activity is conducted only by
members of the family living within the residence where products
are not offered for sale from the premises, where no evidence of
the occupation is visible or audible from the exterior of the
residential property, where traffic is not generated in excess of
that customary at residences and where no commercial vehicles are
kept on the premises or parked overnight on the premises unless
otherwise permitted by these regulations.
Homeowners Association - A formally constituted nonprofit
association or corporation made up of the property owners and/or
residents of a fixed area; it may take permanent responsibility for
costs and upkeep of semiprivate community facilities.
Horizontal Zone - The area around each civilian airport with an
outer boundary the perimeter of which is constructed by swinging
arcs of specified radii from the center of each end of the primary
zone of each airport's runway and connecting the adjacent arcs by
lines tangent to those arcs.
Hospital - An establishment that: a) offers services more intensive
than those required for room, board, personal services, and general
nursing care, and offers facilities and beds for use beyond twenty-
four (24) hours by individuals requiring diagnosis, treatment, or
care for illness, injury, deformity, infirmity, abnormality,
disease, or pregnancy; and (b) regularly makes available at least
clinical laboratory services, diagnostic X -Ray services, and
treatment facilities for surgery or obstetrical care, or other
definitive medical treatment of similar extent. A hospital shall
not include a facility for the care or treatment of the sick who
depend exclusively upon prayer or spiritual means for healing in
the practice of a religion.
Hotel/Motel - Any building or groups of buildings containing
sleeping room accommodations for guests, and providing the services
generally provided by a hotel or motel and recognized as a hotel
or motel in the community in which it is situated, or by the
41
industry, and offering daily or weekly rates, with a bath or
connecting bath for every rental unit, and occupied only by
transient guests. It is the intent of this section that any such
structure offering a combination of rooms for rent or lease for
longer than a month at a time shall not be considered a hotel or
motel. Also see Motel.
Houseboat - A watercraft used as a dwelling and moored in the same
general area at least eight (8) hours a day for ten (10) days in
any month.
Household - All persons, collectively, who occupy a housing unit
as their usual place of residence.
Household Pet - Animals that are customarily kept for personal use
or enjoyment within the home. Household pets shall include but not
be limited to domestic dogs, domestic cats, domestic tropical
birds, and rodents.
Housing, Substandard - A dwelling unit meeting any one of
following criteria: (1) lacks complete plumbing facilities;
Lacks complete heating facilities; and (3) does not meet
Standard Housing Code.
Humane Society
Hydrograph - A
chapter, volume
point.
the
(2)
the
- The Humane Society of Vero Beach, Inc.
graph of discharge, or, for the purposes of this
of stormwater, versus time for a selected outfall
Illuminate - To brighten by means of artificial lighting. In
application to sea turtle protection regulations, (reference
Chapter 932), illuminate means any light source which is visible
from two (2) feet or less in height on the beach area, or any
lighting which creates a discernible shadow on the beach area shall
be considered to illuminate that portion of the beach regularly
frequented by nesting sea turtles, and shall be considered in
violation of the Sea Turtle Protection Ordinance.
Impact Fees - Fees charged to developers to cover, in whole or in
part, the anticipated cost of improvements that will be necessary
as a result of the development.
Impacted Segment - Any segment on the Concurrency Determination
Network on which the project traffic consumes 5 percent or more of
the total project traffic.
Impermeable Surface - Any material applied to the surface of land
that inhibits the natural infiltration or passage of water into the
ground.
Impervious Surface - A surface which is highly resistant to
infiltration by water. It includes surfaces such as compacted
sand, limerock, or clay, as well as most conventionally surfaced
streets, roofs, sidewalks, parking lots and other similar
42
structures. Water surfaces such as lakes shall be considered
impervious for runoff calculations.
Improved Property - Any real property on which is located any
structure or other valuable improvement such that the property is
capable of generating solid waste.
Improvements - Acquisition, construction, repair, paving, hard
surfacing, widening, guttering and drainage of streets, boulevards
and alleys; the grading, leveling, paving and hard surfacing
sidewalks; sanitary sewers, storm sewers and drains, including
necessary appurtenances thereto; water mains, water laterals and
other water distribution facilities, including the necessary
appurtenances thereto; the drainage and reclamation of wet, low or
overflow lands; and street lighting.
Indian River County; County; or County -wide Area - Combined
geographic areas of municipalities and unincorporated county.
Indian River County Comprehensive Plan - The Indian River County
Comprehensive Plan adopted and amended pursuant to Section 163.3161
et. seq., Florida Statutes.
Indigenous Dune Vegetation - (Also native dune vegetation).
Vegetation which originates or is produced and normally associated
with the primary dune area of the beach. Exotic, non-native and/or
plant species harmful to the dune ecosystem shall not be considered
indigenous dune vegetation.
Industrial Park - A planned, coordinated development of a tract of
land with two or more separate industrial buildings. Such
development is planned, designed, constructed, and managed on an
integrated and coordinated basis with special attention given to
on-site vehicular circulation, parking, utility needs, building
design and orientation, and open space.
Industrial Wastes - Wastes generated by industrial processes and
manufacturing operations, excluding hazardous wastes. These wastes
include general industrial housekeeping and support activity
wastes.
Industrial Wastewater - Wastewater not otherwise defined as
domestic wastewater (F.A.C. Chapter 17-6.030), including the runoff
and leachate from areas that receive pollutants associated with
industrial or commercial storage, handling or processing.
Industry, Heavy - A use engaged in the basic processing and
manufacturing of materials or products predominately from extracted
or raw materials, or a use engaged in storage of, or manufacturing
processes using flammable or explosive materials, or storage or
manufacturing processes that potentially involve hazardous or
commonly recognized offensive conditions.
Industry, Light - A use engaged in the manufacture, predominantly
from previously prepared materials, of finished products or parts,
43
including processing, fabrication, assembly, treatment, packaging,
incidental storage, sales and distribution of such products, but
excluding basic industrial processing.
Infiltration - Water, other than wastewater, that enters a sewer
system (including sewer service connections and foundation drains)
from the ground through such means as defective pipes, pipe joints,
connections or manholes.
Inflow - Water, other than wastewater, that enters a sewer system
(including sewer service connections) from sources such as, but not
limited to, roof leaders, cellar drains, yard drains, area drains,
drains from springs and swamping areas, manhole covers, cross
connections between storm sewers and sanitary sewers, catch basins,
cooling towers, storm waters, surface runoff, street wash waters
or drainage.
Infrastructure - Public domain assets such as roads, bridges,
curbs, streets, sidewalks, drainage systems, lighting systems, and
similar assets that are immovable and of value only to the
government unit.
Insignificant project - See Project, Insignificant
Install - To erect, replace, hang, paint, display, apply, or
otherwise put in place in any manner whatsoever.
Interest Income - Revenue earned on invested cash.
Internal Capture - The type of trips generated by a mixed use
project in which travel occurs from one on-site land use to another
on-site land use.
Internal Capture Factor - The percentage of the total trips
generated by a mixed use project that are trips from one on-site
land use to another on-site land use.
Intersection, Major - See Major Intersection.
Intersection Analysis - A mathematical analysis of two intersecting
roadways to determine the vehicular capacity and level of service
of the intersection.
Inundation - Temporarily or periodically, but not normally flooded
or covered by water.
Irrigation - The methods of supply and application of water other
than natural rainfall.
Irrigation System - A permanent, artificial watering system
designed to transport and distribute water to plants.
Junk - Old and dilapidated automobiles, trucks, tractors,
watercraft, and other such vehicles and parts thereof; wagons and
other kind of vehicles and parts thereof, household appliances,
44
scrap building material, scrap contractors' equipment, tanks,
casks, cans, barrels, boxes, drums, piping, bottles, glass, old
iron, machinery, rags, paper excelsior, hair, mattresses, beds and
bedding or any other kind of scrap or waste material which is
stored, kept, handled or displayed.
Junk Vehicle - Any automobile, truck, tractor, motorcycle, boat,
trailer, or other vehicle which is inoperable, provided that such
vehicle, trailer or semi -trailer shall be presumed to be a junk
vehicle if no license plates are displayed or if the license plates
displayed have been invalid for more than sixty (60) days. In
cases where the determination of a junk vehicle is under dispute,
the vehicle owner shall have the opportunity to prove the vehicle
is not a junk vehicle by:
1. Demonstrating to a county enforcement official, within
ten (10) days of notification, that the vehicle is
operable and road -worthy, (ref. Chapter 316.215, F.S.
pertaining to state traffic laws), including proof of
current vehicle registration; or
2. Providing a notarized statement from a qualified mechanic
that the vehicle can be restored to operable condition
for less than 30 percent of the current value of the
vehicle, provided such restoration occurs within 30 days
of notification by a county enforcement official.
The term "junk vehicle" shall not be deemed to include vehicles
having historic or antique value when such vehicles are stored in
an enclosed structure, or any agricultural vehicles stored on
agriculturally used property.
Junk Yard - The use of any land, building, or structure for the
parking, storage, collection, processing, purchase, sale,
disassembly, demolition, or abandonment of junk, including scrap
metals or other scrap materials, waste paper, rags, used building
materials, old household appliances, junked or otherwise
inoperative vehicles or machinery or parts thereof, and other type
of junk. See Also Automobile Wrecking Yard.
Kennel or Animal Boarding Place, Commercial - Any lot or premises
on which dogs, cats, rabbits, poultry or other domestic animals are
housed or accepted for boarding, breeding, trimming, grooming,
and/or bathing for which remuneration is received.
Kennel or Animal Boarding Place, Non -Commercial - Any building or
buildings, including a residence or residential accessory
structure, other structure, or land used, designated, or arranged
for the boarding, or care of five (5) or more dogs, cats, rabbits,
poultry or other domestic animals belonging to the owner or
occupant thereof. This shall not be interpreted to include stables
as used elsewhere in this Code.
Land - The earth, water, and air above or on the surface, including
any improvement or structure customarily regarded as land.
Land Clearing - The grubbing, by any means, of any type of
vegetation from land; not including, however, activities governed
45
by tree removal, mangrove alteration, or dune vegetation
maintenance permits. In application to Chapter 925, Open
Burning/Air Curtain Incinerator Regulations, "land clearing" means
the removal or demolition of structures, or the uprooting or
clearing of vegetation in connection with construction for
buildings, rights-of-way, residential, commercial, or industrial
development, or the initial clearing of vegetation to enhance
property value; but does not include the maintenance burning of
yard trash resulting from fallen limbs, branches, or leaves, or any
other routing property clean-up activities.
Land Condominium - The result of the application of the condominium
laws of the State of Florida and local subdivision and platting
laws, whereby a particular area of land is established, by plat,
to allow for fee simple ownership of a particular area of land.
Land Development Activity Generating Traffic - The carrying out of
any building activity or the making of any material change in the
use of any structure or land that attracts or produces vehicular
trip(s) over and above that produced by the existing use of the
land, and consequently places an additional demand on the County's
major road network system.
Land Development Permit - The permit to begin construction of
improvements according to the land development plans and
specifications approved under the land development regulations of
Indian River County, issued under section 913.0 (5) of the
subdivision chapter.
Land Development Regulations (LDR) - All ordinances and regulations
confined in Titles 8 and 9 of the Indian River County Code of Laws
and Ordinances.
Land Surveyor - An individual who surveys land and is duly
registered and licensed in the State of Florida under Florida
Statutes, chapter 472 et. seq., as a land surveyor.
Land Use Element - An element of the comprehensive plan of Indian
River County.
Landfill - A type of operation in which refuse and earth or other
suitable cover material are deposited in alternate layers of
specified depth in accordance with a definite plan on a specified
portion of open land, with each layer being compacted by force
applied by mechanical equipment.
Landscape (Remove or Removal) - The actual physical removal or the
effective removal through damaging, poisoning or other direct or
indirect action resulting in or likely to result in the death of
a plant.
Landscaping - Any of the following or combination thereof; material
such as, but not limited to, grass, ground covers, shrubs, vines,
hedges, trees or palms; and nonliving durable material commonly
46
used in landscaping, such as, but not limited
sand, walls or fences, but excluding paving.
Laundry - Self Service - A business that
washing, drying, and/or ironing machines for
customers on the premises.
to, rocks, pebbles,
provides home -type
hire to be used by
Lead-in - The individual lead wire or cable from the distribution
system to each individual household or connection.
Legal Positive Outfall - The availability of a permanent and
legally established watercourse or similar facility or means which
has the hydraulic capability of conveying the storm water discharge
from a development project to receiving waters downstream.
"Legally established watercourse" refers to a watercourse which is
established by either an express easement, plat dedication, or
other documentation, or implied easement or servitude as may be
demonstrated to exist in accordance with Florida law.
Level of Service (Traffic) - A qualitative measure describing the
operational conditions within a traffic stream, and their
perception by motorists and/or passengers. This qualitative
description describes the roadway operating conditions in terms of
such factors as speed and travel time, freedom to maneuver, traffic
interruptions, delay, comfort and convenience, and safety. The six
levels of service are defined for each type of facility with letter
designations A through F. Level of service A represents the best
operating conditions and level of service F the worst operating
conditions.
Level of Service "C" - As a measure of roadway sufficiency, a zone
of stable traffic flow in which speeds and maneuverability are
closely controlled by the higher volumes of traffic. Most of the
drivers are restricted in their freedom to select their own speed,
change lanes, or pass. Level of Service "C" is further defined by
reference in the county's current Traffic Circulation Element of
the Comprehensive Plan.
Level of Service "D" - A measure of roadway operating condition
during the peak hour indicating an unstable traffic flow, with
tolerable operating speeds being maintained even though they are
considerably affected by changes in operating conditions.
Fluctuations in volume and temporary restrictions to flow may cause
substantial drops in operating speeds. Drivers have little freedom
to maneuver, and comfort and convenience are low, but conditions
can be tolerated for short periods of time. Level -of -Service "D"
is further defined here by reference in the county's current
Traffic Circulation Element of the Comprehensive Plan.
Level of Service (LOS) Standards - Indicators of the extent or
degree of service provided by, or proposed to be provided by, a
facility based on and related to the operational characteristics
of the facility. LOS indicates the capacity per unit of demand of
each public facility.
47
Level of Wastewater Treatment - The proportion of solid and organic
materials removed from the wastewater. The most common levels of
treatment are: primary; secondary; and tertiary.
License - Local Occupations - The privilege granted by the local
governing authority to engage in or manage any business, profession
or occupation within its jurisdiction. It shall not mean any fees
or licenses paid to any board, commission or officer for
permits,registration, examination or inspection which are hereby
deemed to be regulatory and in addition to and not in lieu of any
local occupational license imposed under the provisions of this
chapter unless otherwise provided by law.
Lime Alum Softening - A chemical method of water softening
involving the precipitation of calcium and manganese ions. The
alum bounds up and causes impurities to precipitate out of the
water.
Limited Access - Access only at authorized and controlled points
or for restricted uses or at restricted times.
Link - A portion of a roadway segment located on the Concurrency
Determination Network defined by two consecutive intersecting
roadways.
Link Improvements - A change in the physical or operating
characteristics of a portion of a roadway segment that results in
increased capacity and/or improvements to the general quality,
level of service and safety characteristics of the link.
Litter - All garbage, rubbish, garden trash and all waste
materials, including, but not limited to, bottles, glass, cans,
scrap metal, junk, paper, disposable packages or containers and all
other similar materials, and any substance of any kind or nature
whatsoever that creates a public health, safety or fire hazard or
a public nuisance.
Livestock - Horses, mules, cattle, sheep, goats, swine and other
grazing animals.
Loading Space - A space within the main building or on the same
lot, providing for the standing, loading or unloading of vehicles.
Local Entertainer - Entertainer who is a permanent resident of, or
maintains a permanent place of business in this state.
Local Planning Agency (LPA) - Indian River County Planning and
Zoning Commission.
Lot, Corner - A lot fronting upon two or more rights-of-way at
their intersections.
Lot, Double Frontage - An interior lot having frontage on two
streets.
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Lot, Interior - A lot other than a corner lot.
Lot, Nonconforming - A lot, the area, dimension or location of
which was lawful prior to the adoption, revision or amendment of
the land development regulations of Indian River County but which
is currently inconsistent with those regulations.
Lot, Substandard - A lot or parcel of land that has less than the
required minimum area or width as established by the zone in which
it is located and provided that such lot or parcel was of record
as a legally created lot on the effective date of the ordinance
codified in this title.
Lot, Through - An interior lot having frontage on two streets.
See also Lot - Double Frontage.
Lot Width - The horizontal distance between side lot lines measured
at the front building setback line along a straight line parallel
to the front property line or chord line.
Lot Line - A line of record bounding a lot thereby dividing such
lot from another lot or from a public or private right-of-way.
Lot (or Parcel) of Record - A lot or parcel established and created
legally in conformance with the zoning and land development
regulations in effect at the time the lot or parcel is created.
Such lot or parcel shall have been created by deed or plat recorded
in the office of the Clerk of the Circuit Court of Indian River
County, St. Lucie County or Brevard County (NOTE: Prior to its
inception as County, Indian River County was part of St. Lucie
County and Brevard County, therefore, many Indian River County lots
of record were originally filed with the Clerk of the Circuit Court
of St. Lucie County or Brevard County).
Low Profile Luminaire - Light fixture set on a base which raises
the source of the light no higher than forty-eight (48) inches off
the ground, and designed in such a way that light is directed
downward from a hooded light source.
Low Water Elevation - The dry season groundwater table elevation
as determined by the County Engineer based on information contained
in the Soil Survey of Indian River County and on-site soil testing
reports.
Lowest Floor - The lowest floor of the lowest enclosed area
(including basement). An unfinished or flood resistent enclosure,
usable solely for parking of vehicles, building access or storage
in an area other than a basement area is not considered a
building's lowest floor.
Main Dune Bluff - The seaward edge of the easternmost highest, most
prominent dune immediately west of the vegetation line. This dune
can be determined by its continuous relationship to the main dune
line extending north and south from the point of determination.
49
Maintain (Maintenance) - To keep in an acceptable state of
performance and repair and, when referring to the height of grasses
in a stormwater management tract or facility, means to keep at a
height of twelve (12) inches or less above the ground.
Maintenance Guarantee - A guarantee of facilities or work to ensure
the correction of any failures of any improvements required
pursuant to these land development regulations.
Major Intersection - The location at which two roadway segments
located on the Concurrency Determination Network cross or intersect
each other.
Major Road Network System - All arterial and collector roads within
Indian River County. Indian River County's major road network
system is designated in Figure 4.13.2, Thoroughfare Plan Map, and
listed in Tables 4.7.1-4.7.3 of the Traffic Circulation Element of
the Comprehensive Plan, which is incorporated herein by reference.
Major Structure - Residential buildings including mobile homes,
commercial, institutional, industrial and other construction having
the potential for substantial impact on coastal zones.
Major Structure, Nonhabitable - Structures including, but not
limited to, swimming pools; parking garages; pipelines, piers;
canals, lakes, ditches; water and sewage treatment plants;
electrical power plants; transmission and distribution lines;
transformer pads; vaults, and substations; roads, bridges, streets,
and highways; underground storage tanks; communications buildings
and towers; flagpoles and signs over fifteen (15) feet in height.
Major Trip Generators - Any land uses which are fairly compact in
size, have access to the county's transportation system, and
produce at least 2,500 average annual daily trips (AADT).
Mall, Regional - A retail shopping facility containing a minimum
of 400,000 square feet of gross leasable area.
Maneuvering - A series of changes in direction and positions.
Mangrove - Rooted trees and seedlings of the following species, but
only when having a coastal or estuarine association:
Red mangrove: Rhizophora mangle;
Black mangrove: Avicennia germinans;
White mangrove: Laquncularia racemosa;
Buttonwood or button mangrove: Conocarpus erecta
Mangrove Stand - An assemblage of one or more of the following
species: black mangrove (Avicennia germinans); red mangrove
(Rhizophora mangle); white mangrove (Lanquncularia racemosa); and
buttonwood (Conocarpus erecta).
Manufactured Home - A structure, transportable in one or more
sections, which is built on a permanent chassis and is designed for
use with or without a permanent foundation when connected to the
required utilities. For flood plain management purposes the term
50
"manufactured home" also includes park trailers, travel trailers,
and other similar vehicles placed on a site for greater than one
hundred eighty (180) consecutive days.
Manufactured Home Park/Subdivision - A parcel (or contiguous
parcels) of land divided into two (2) or more manufactured home
lots for rent or sale.
Marina - A watercraft complex on and/or adjacent to a waterway used
primarily for recreation purposes, including the refueling of
watercraft and providing for minor repair services for such craft,
not involving removal of watercraft from the water or removal of
inboard or outboard engines from the watercraft.
Mass Transit - Passenger services provided by public, private, or
non-profit entities such as the following surface transit modes:
commuter rail, rail rapid transit, light rail transit, light
guideway transit, express bus, and local fixed route bus.
Massage Parlor - An establishment where, for any form of
consideration, massage, alcohol rub, fomentation, electric or
magnetic treatment, or similar treatment or manipulation of the
human body is administered, unless such treatment or manipulation
is administered by a medical practitioner, chiropractor,
acupuncturist, physical therapist, massage therapist, or similar
professional person licensed by the state. This definition does
not include an athletic club, health club, school, gymnasium,
reducing salon, spa, or similar establishment where massage or
similar manipulation of the human body is offered as an incidental
or accessory service.
Master Stormwater Management Plan/Master Plan - An engineering
plan, written report or engineering drawing outlining the primary
and secondary drainage and stormwater treatment facilities needed
for the proper development of a specific increment of the
unincorporated area of Indian River County.
Maximum Daily Demand (MMD) (Wastewater) - The highest demand
experienced for a one day period during the calendar year. It is
also measured at treatment plants and is expressed in terms of MGD.
Mean High Waterline - The intersection of the tidal plane or mean
high water with the shore. Mean high water is the average height
of high waters over a nineteen -year period.
Median - A value in an ordered set of values, below and above which
there are an equal number of values.
Median (Traffic) - The physical portion of a highway separating the
traveled ways for traffic in opposite directions.
Merging (Traffic) - The uniting of two (2) separate traffic streams
moving in the same general direction into a single traffic stream.
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Mine Abandonment - The cessation of mining activities including but
not limited to excavation, dewatering, stockpiling, and removal of
material offsite for a period of more than one year as reflected
in an annual mining report, (reference Chapter 934, Excavation and
Mining).
Mine Dewatering - Any water that is impounded or that collects in
the mine and is pumped, drained or otherwise removed from the mine
by the operator. This term shall also include wet pit overflows
caused solely by direct rainfall and ground water seepage.
However, if a mine is also used for treatment of process generated
waste water, discharges of commingled water from the mine shall be
deemed discharges of process generated waste water.
Mini -Warehouse - A building or group of buildings in a controlled
access compound that contains equal or varying size of individual
compartmentalized, and controlled access stalls or lockers for the
dead storage of customers' goods or wares.
Miniature Golf Course - See Commercial Amusement, Unenclosed.
Mining - The removal, either in or upon the soil of the earth or
beneath the soil, of any valuable inert or lifeless substance
formed or deposited in its present position through natural
agencies alone, for commercial purposes. Mining shall not include
excavation exempt from the requirements of a mining permit, as
provided for in Chapter 934, Excavation and Mining, of the county
land development code.
Minor Coastal Structure - Structures including but not limited to
pile -supported, elevated dune and beach walkover structures; beach
access ramps and walkways; stairways; pile -supported, elevated
viewing platforms, gazebos and boardwalks; lifeguard support
stands; public and private bathhouses; sidewalks, driveways,
parking areas, shuffleboard courts, tennis courts, handball courts,
racquetball courts, and other uncovered paved areas; earth
retaining walls; sand fences, privacy fences, ornamental walls,
ornamental garden structures, aviaries and other ornamental
construction. It shall be characteristic of minor structures that
they are considered to be expendable under design wind, wave and
storm forces.
Mixed Use - A real development characterized by 1) two or more
revenue producing uses (such as retail, office, residential,
hotel/motel and recreation which are mutually supporting); 2)
significant functional and physical integration of project
components and 3) development in conformance with a coherent plan
which stipulates the type and scale of uses and related items.
Mobile Home - A structure which is transportable in one or more
sections, which is eight (8) body feet (2.4 m.) or more in width
and is thirty-two (32) body feet (9.75 m.) or more in length, which
is built on a permanent chassis and which is designed to be used
as a dwelling with or without a permanent foundation when connected
to the required utilities; and the term includes the plumbing,
52
heating, air conditioning, and electrical systems contained
therein. This definition does not include modular or prefabricated
homes.
Mobile Home Park - A place set aside and offered by a person or
public body, for either direct or indirect remuneration of the
owner, lessor, or operator of such place, for the parking or
accommodation of mobile homes utilized for sleeping or eating.
Month - The word "month" shall mean a calendar month.
Motel - Any state licensed public lodging establishment which
offers for rent units with sleeping room accommodations which are
easily accessible to guests and which also have: 1) an exit to the
outside of each unit; 2) daily or weekly rates; 3) off-street
parking for each unit; 4) a central office on the property with
specified hours of operation; and, 5) a bath or connecting bath for
each rental unit. Also see Hotel.
Motor Vehicle - A vehicle which is self propelled in, upon or by
which any person or property is or may be transported.
Mulch - Nonliving organic and synthetic materials such as gravel,
rock, pebbles, bark, or pine needles used in landscape design to
retard erosion and retain moisture.
Multiple -Family Residence - A building or structure that is
designed for and capable of housing conveniently two (2) or more
individuals or families in separate quarters.
Multi -Slip Facilities - Any docking facilities containing three (3)
or more boatslips for the purpose of mooring or storing a
watercraft.
Municipality - Any or all incorporated municipalities within Indian
River County, Florida.
National Geodetic Vertical Datum (NGVD) - As corrected in 1929,
a vertical control used as a reference for establishing varying
elevations.
Natural Drainage Features - Naturally occurring features of an area
which accommodate the flow of stormwater, such as streams, rivers,
lakes, and wetlands.
New Development - Any new construction and remodeling of existing
structures when such remodeling includes alteration of exterior
lighting.
Nightclub - A bar, restaurant, coffee house, or similar
establishment where a dance floor or entertainment is provided.
Non -Commencement - The cancellation of construction activity
involving a material change in a structure, or the cancellation of
53
any other land development activity involving a material change in
the use or appearance of land.
Non -Residential Districts - Zoning districts where residential
uses, single-family or multiple -family, are not permitted as a
principal use, such as but not limited to: OCR, PRO, MED, CVRP,
CN, CL, CG, CH, IL, and IG.
Nonconforming Building - Any building that does not meet the
limitations on building size and location on a land parcel, for the
district in which such building is located, for the use to which
such building is being put.
Nonconforming Use - A use or activity which was lawful prior to the
adoption, revision or amendment of land development regulations,
but which would be prohibited or further restricted under the terms
of such land development regulations.
Nonconformity, Site -Related - A characteristic of the site, such
as off-street parking or loading, lighting, landscaping, drainage
or similar matters which are incidental to the principal use of
the property but which do not satisfy current County standards, as
established in these county land development regulations.
Nonpoint Source - Causes of water pollution, such as agricultural
fertilizer runoff, and sediment from construction, that are not
associated with point sources. Examples include:
1. Agriculturally related nonpoint sources of pollution
including runoff from manure disposal areas, and from
land used for livestock and crop production;
2. Silviculturally related nonpoint sources of pollution;
3. Mine -related sources of pollution including new, current
and abandoned surface and underground mine runoff;
4. Construction activity related sources of pollution from
disposal on land, in wells or in subsurface excavations
that affect ground and surface water quality;
5. Sources of pollution from disposal on land, in wells or
in subsurface excavations that affect ground and surface
water quality;
6. Salt water intrusion into rivers, lakes, estuaries and
groundwater resulting from reduction of fresh water flow
from any cause, including irrigation, obstruction,
groundwater extraction, and diversion; and
7. Sources of pollution related to hydrologic modications,
including those caused by changes in the movement, flow,
or circulation of any navigable waters or groundwaters
due to construction and operation of dams, levees,
channels, or flow diversion facilities.
Nuisance - Any debris, garbage, junk, trash, weeds, or
unserviceable vehicles, or any other substance or material which,
by nature of its location, is considered a health or safety hazard,
and/or which is considered obnoxious and offensive to the general
public. In application to Chapter 925, Open Burning and Air
Curtain Incinerator Regulation, "nuisance" means any burning
54
activity which is potentially harmful or injurious to human health
or property or which is annoying or offensive to occupants as
determined by the local jurisdictional authority.
Nursing/Convalescent Home - A home, institution, building or
residence, public or private, whether operated for
presently licensed by the state, which Profit s eor
n not,
personal care or nursing for a period exceeding twenty-four hours
ancet
to three or more ill, physically infirm, convalescing,
persons who are not related by blood or marriage to th�operatoor.
The definition of nursing or convalescent home does not include
hospitals, clinics or similar institutions which are devoted
primarily to the diagnosis and treatment of the sick or injured.
Off -Road Vehicle Tracks - A course of travel purposely constructed
including but not limited to landclearing and/or gradin
activities, to accommodate the recreational use of a vehicle or
vehicles designed for traveling off paved roads, such as a trail
bike, dune -buggy, four-wheel drive truck, or all -terrain vehicle.
In application to Chapter 911, Zoning, and Chapter 971, Special
Land Use Criteria, "off-road vehicle track" does not include
commercial tracks which would entail viewing stands or the charging
of a fee for spectators or track users.
Office - A building or portion of a building wherein services are
performed involving predominately administrative, professional, or
clerical operations.
-Office Park A large tract of land that has been beenplanned,
developed, and operated as an integratedfacility for a number of
separate office buildings and supporting ancilla
special attention given to circulationrI' uses needs,
aesthetics, and compatibility. parking, utility needs,
Open Burning - The burning of any matter in such a manner that the
products of combustion resulting from the burning are emitted
directly into the outdoor atmosphere without passing through a
stack or chimney.
Open Space - The gross area of the site less building coverage,
parking surface, internal traffic circulation system and any
exclusions herein specifically set forth. Open space is green
area, natural or landscaped. Up to 30% of the open space
requirement for a development may be satisfied by a body or bodies
of water contained within the development area.
Open Space, Common - Land within a development, not individually
owned or dedicated for public use, which is designed and intended
for the common use or enjoyment of the residents of the development
and may include such complementary structures and improvements as
are necessary and appropriate.
Open Space, Non -Vehicular - That portion of a site or parcel upon
which buildings, pavement, or other improvements have not been
placed, but excluding lakes and wet storage stormwater retention
areas.
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Open Space, Private - Common open space held in private ownership,
the use of which is normally limited to the occupants of a single
dwelling, building, or development.
Open Space, Public - Open space owned by a public agency and
maintained by it for the use and enjoyment of the general public.
Open Space, Recreational and Landscaped - Unroofed or screened
roofed ornamental landscaped areas and recreational areas which are
easily accessible and regularly available to occupants of all
dwelling units on the lot wherein the open space is located. Roof
tops, porches, raised decks, parking spaces, driveways, utility and
service areas are not calculated as open space.
Origin/Destination Survey - The collection of data on a land use
resulting from on-site interview to determine trip characteristics
about the travel patterns to and from the land use.
Other Service Provider - Any state, regional, municipal or other
agency having construction, operational or maintenance
responsibility for public services or facilities.
Outdoor Storage - The keeping in an unroofed area of any goods,
material, or merchandise in the same place for more than twenty-
four hours. The parking or motor vehicles, in operating condition,
which are used in the operation of a commercial establishment shall
not be considered outside storage.
Owner - The person or persons owning an interest in improved
property within the boundaries of Indian River County Florida.
Package Wastewater Treatment Plants - Small treatment systems
designed and built in modular units and having components similar
to larger regional treatment facilities. On-site aerobic treatment
units shall be considered as package wastewater treatment plants.
Parapet - That portion of the facade which extends above the roof
immediately adjacent thereto.
Paratransit - Passenger service provided by public, private, or
non-profit entities Such as vanpools, jitneys, bus services, and
other forms of transportation which are usually characterized by
flexible routes and schedules.
Parcel (of Land) - Any contiguous quantity of land capable of being
described such that its location and boundaries may be established,
that is designated by its owner(s) or developer(s) as land to be
used or developed as a unit, or that has been used or developed as
a unit.
Park - A tract of land, legally reserved by the county, state, or
federal government or other entity, for use by the public for
active and passive recreation.
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Parking Accumulation Study - A special study which is accomplished
per the community development director and the traffic engineer to
support a request for technical deviation(s) pursuant to Chapter
954 of the land development regulations.
Parking, Off -Street - An area not within a building service way
or other structure where motor vehicles may be stored for the
purpose of temporary, daily or overnight parking. This definition
shall include a motor vehicle display lot, or display of boats,
trailers and mobile homes.
Parking Lot - An area not within a building where motor vehicles
may be stored for the purposes of temporary, daily, or overnight
off-street parking.
Party Wall - A common shared wall between two separate structures,
buildings, or dwelling units.
Passerby Trips - Trips that enter and exit a site that would have
been travelling on the street adjacent to the site regardless of
whether they enter or exit the site.
Peak Hour/Peak Direction/Peak Season Volume - The number of
vehicles that pass a point on a roadway segment during the highest
one hour of traffic during the peak season in the direction of
travel with the highest traffic volume.
Peak Hour Traffic - The number of vehicles passing over a
designated section of a street during the busiest one hour period
during a 24-hour period.
Percent New Trips Factor - A factor by which the trip rate is
multiplied in order to calculate only those new trips that are
added to the roadway by new development. This factor is calculated
by the formula [1 - (captured or passerby trips divided by the
total trips to the land use)].
Percolation - The downward movement of water through a layer of
permeable layer of earth.
Performance Guarantee - A financial guarantee to ensure that all
improvements, facilities, or work required by these regulations
will be completed in compliance with the regulations, and the
approved plans and specifications of a development.
Permanent Control Point (PCP) - As defined in Chapter 177, Florida
Statutes, a permanent control point which shall be a secondary
horizontal control monument and shall be a metal marker with the
point of reference marked thereon or a four -inch -by -four -inch
concrete monument a minimum of twenty-four (24) inches long with
the point of reference marked thereon. Each "P.C.P." shall bear
the registration number of the surveyor filing the plat of record.
Permanent Reference Monument (PRM) - As defined in Chapter 177,
Florida Statutes, a metal rod a minimum of twenty-four (24) inches
57
long or a one and one-half inch minimum diameter metal pipe a
minimum of twenty (20) inches long, either of which shall be
encased in a solid block of concrete or set in natural bedrock, a
minimum of six (6) inches in diameter, and extending a minimum of
eighteen (18) inches below the top of the monument, or a concrete
monument four -inches -by -four -inches, a minimum of twenty-four (24)
inches long, with the point of reference marked thereon, and
bearing the registration number of the surveyor certifying the plat
of record, and the letters "PRM" shall be placed in the top of the
monument.
Permitted Use - Any use allowed by right within a given zoning
district upon satisfaction of applicable land development
regulations.
Person - Any individual, firm, partnership, corporation,
landtrust,joint venture, syndicate or other group or combination
acting as a unit, association, corporation, estate, trust, business
trust, trustee, executer, administrator, receiver, or other
fiduciary and shall include the plural as well as the singular.
Pier - A structure extending in, on, or over waters of the state,
which is used by the public primarily for fishing, swimming or
viewing. A pier shall not include a dock, as defined herein.
Places of Worship - Churches, ecclesiastical or denominational
organizations, or established physical places for ,religious
activities in this state at which nonprofit religious services and
activities are regularly conducted and carried on, and shall also
mean church cemeteries.
Planned Residential Development (PRD) - A land area under unified
control which is designed and planned to be developed in a single
operation by a series of prescheduled development phases according
to an officially approved PRD Plan which does not necessarily
correspond to the property development and use regulations of the
zoning district in which the development is located.
Planning and Zoning Commission - The planning and zoning commission
of Indian River County.
Plant Nursery - Any land used to raise trees, shrubs, flowers, and
other plants for sale or for transplanting.
Plant Species, Native - Any plant species with a geographic
distribution indigenous to all or part of South Florida. Plant
species which have been introduced by man are not native.
Planting Area - Any area designated for landscape planting having
a minimum of ten (10) square feet and at least one dimension on any
side of three (3) feet; except that, wherever a tree shall be
planted, a minimum area of one hundred (100) square feet, with a
minimum dimension of at least ten (10) feet, shall be required.
Plat, Final - A finished map being a complete, exact representation
of a subdivision accurately showing all legal requirements of
58
subdivisions, Chapter 913, which may include "replat", "amended
plat" or "revised plat".
Plat, Preliminary - A tentative plan of a proposed subdivision
sufficient in detail to gauge compatibility with the comprehensive
plan, zoning chapter and other development regulations of Indian
River County.
Plat of Record - A plat which conforms to the requirements of the
laws of the State of Florida and ordinances of Indian River County
at the time of approval by the board of county commissioners which
is recorded in the official records of Indian River County by the
clerk pursuant to law.
Point Source - A stationary location where pollutants are
discharged, usually from an industry; under the Federal Water
Pollution Control Act (FWPCA), a point source is any discernable,
confined, and discrete conveyance, including but not limited to any
pipe, ditch, channel, tunnel, conduit, well, discrete fissure,
container, rolling stock, concentrated animal feeding operation,
vessel, or other floating craft, from which pollutants are or may
be discharged. This term does not include return flows from
irrigated agriculture.
Pole Light - Any lighting device elevated by a slender piece of
material greater then forty-eight (48) inches above the ground for
the purpose of illuminating a broad or specific area.
Porosity - The ability of a soil layer to hold water.
Potable Water - Water, either naturally occurring or processed,
which is of a quality suitable for consumption.
Potable Water System - A system of structures designed to treat and
distribute potable water, and includes water wells, treatment
plants, reservoirs, and distribution mains.
Potentiometric Surface - The level (elevation) to which the water
within an aquifer would rise in a well and is used as a measure of
quantity of water within an aquifer.
Pre -Application Conference (Traffic) - A meeting between the
applicant and/or his engineer and the Director of Public Works that
occurs prior to the conduct of a traffic impact study for the
purposes of defining the requirements for submission of the traffic
impact study.
Premises - A distinct unit or parcel of land including the
appurtenances thereon.
Primary Treatment - A process which removes between 30 and 35
percent of the organic material and up to 50 percent of the solids
from sewage. Because screens and settling tanks are the most
common methods used to remove the solids, this process is also
referred to as physical treatment.
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Prime Natural Groundwater Areas for the Floridan Aquifer - Lands
west and northwest of Indian River County which recharge the
Floridan aquifer.
Prime Natural Groundwater Areas for the Surficial (Shallow) Aquifer
- The lands along the Atlantic Coastal Ridge and the Ten Mile Ridge
where coarse permeable sands are exposed at the surface and
rainfall is absorbed by the soil and percolates into the
groundwater, as depicted in Figure 3.D.2., Aquifer Recharge Sub -
Element of the county comprehensive plan.
Principal Use - The primary use and chief purpose of a lot or
structure.
Prior Vested Development - Development projects approved prior to
September 1, 1990 for which a final development order has been
issued, developments of regional impact approved pursuant to
Chapter 380 of the Florida Statutes, vested subdivision plats, and
those projects initiated prior to September 1, 1990 which are
exempted from concurrency review.
Processing Plant - A facility designed for incineration, resource
recovery or recycling of solid waste prior to its final disposal.
Project, Insignificant - A proposed development which will
generate/attract less than five -hundred (500) trips per day and is
not located at a critical transportation location, as determined
by the director of public works.
Project, Significant - A proposed development which will
generate/attract five -hundred (500) trips per day or more; or
developments where the proposed use is located at a critical
transportation location as determined by the director of public
works.
Project Site (Mining) - That portion of the real property which is
being excavated or mined, together with all property within 100
feet of the perimeter of the excavation, or mining activity.
Protected Tree - See Tree, Protected
Protective Barrier - Any structure, device, or visual barrier which
effectively identifies the parameters of the protected area.
Public Beaches - All of that part of the shore of the Atlantic
Ocean extending from the ordinary seasonal high water mark to the
waters of the Atlantic Ocean.
Public Utility - Any privately -owned, municipally -owned, County -
owned, or other government-owned system providing water service to
the public which has at least fifteen (15) service connections or
regularly serves an average of at least twenty-five (25)
individuals daily for at least sixty (60) days of the year, with
60
a minimum permitted withdrawal capacity of one hundred thousand
(100,000) gallons per day.
Public Water Supply Well - wells withdrawing water from the
surficical aquifer for use as potable water that are operated by
public utilities.
Public/Private Utility, Heavy - A centralized facility for the
provision of a public utility that is of sufficient scale and
intensity to warrant special site considerations to limit the
impact on surrounding properties. Major utility uses include, but
are not limited to, electrical generating plants and facilities;
water and wastewater treatment and disposal facilities which are
part of a county or regional system; public utilities supply yard;
and other major community infrastructure of such scale and
intensity to warrant special site considerations in order to
protect adjacent properties as above specified.
Public/Private Utility, Limited - A facility, used in the
transmission or delivery of a public or private utility, in which
the facility is relatively small in scale and can be compatible
with residential and other low intensity uses. Limited utility
uses include, but are not limited to, electrical substations,
distribution facilities and transformers; individual water or
wastewater treatment plants but not larger public water and
wastewater treatment plants which are part of a county or regional
system; wastewater pumping facilities; water storage, control and
pumping facilities; and structure, equipment and rights-of-way for
telephone, electricity, gas, or water.
Public Protective Services - Public facilities, or private firms
serving the general public, providing emergency police, fire,
rescue, or ambulance or similar services, excluding funeral home.
Public Rights -of -Way - Any county street, road, alley, or highway
or public easement acquired by the county or the public by
purchase, gift, devise, dedication, prescription, or otherwise
within the unincorporated areas of Indian River County, and those
roads and easements under the jurisdiction of the county within
municipalities located in Indian River County.
Public Services and/or Public Facilities - Services for which
Level of Service (LOS) Standards are included in the Comprehensive
Plan, whether such services or facilities are provided by
government, quasi -public or private providers. Such services and
facilities are roadways (traffic circulation), parks, potable
water, sanitary sewerage, solid waste and drainage.
Public Ways - Any and all streets, roads, alleys, piers, bulkheads,
boardwalks, lanes, trails, or other public ways, and any and all
public parks, squares, beaches, parks and any and all recreational
facilities operated by the state, county, federal government or
special governmental districts.
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Public Works Director or Designee - The Public Works Director shall
be defined as the Director of the Department of Public Works within
Indian River County or his Designee which may include the Indian
River County Traffic Engineer.
Pump Stations - Mechanical devices used to pump sewage through the
collection network (force mains) for the purpose of transporting
the untreated wastewater to the treatment plant.
Recreational Facility - A facility designated for recreational
purposes.
Recreation Tract - A tract of land within a residential development
either designated on a plan or final plat approved by the county
for recreational use(s) or used for recreational purposes and
containing recreation -related improvements.
Recreational Vehicle - A vehicular, portable structure which is
built on a chassis; which is designed as a temporary dwelling for
travel and Fecreation, and which has a transportable body width not
exceeding eight (8) body feet and a length not exceeding thirty-
five (35) feet.
Recreational Vehicle Park - A place set aside and offered by a
person or public body, for either direct or indirect remuneration
of the owner, lessor, or operator of such place, for the parking
and accommodation of recreational vehicles utilized for sleeping
or eating; and the term also includes buildings and sites set aside
for group camping and similar recreational facilities.
Recyclable Materials - Materials separated, at the point of
generation, by the generator or his agent, and donated or sold by
the generator for the purpose of recycling; including newsprint,
cardboard, aluminum, glass, plastic, and ferrous metals.
Recycling - Any process by which solid waste, or materials which
would otherwise become solid waste, are collected, separated, or
processed and reused or returned to use in the form of raw
materials or products.
Recycling Plant - A facility that is not a junkyard and in which
recoverable resources, such as newspapers, magazines, books, and
other paper products; glass; metal cans; and other products, are
recycled, reprocessed, and treated to return such products to a
condition in which they may again be used for production.
Regularly Moored Watercraft - Any watercraft vessel habitually or
methodolically moored or anchored in the same general location for
a continual period greater than seventy-two (72) hours or any
watercraft vessel which is habitually or methodically moored or
anchored in the same general location for a total of four (4) days
within any given seven (7) day period.
Regulatory Floodway - The channel of a river or other watercourse
and the adjacent land areas that must be reserved in order to
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discharge the base flood without cumulatively increasing the water
surface elevation more than a designated height.
Relic Seawater - Water that has been trapped within an aquifer.
The source of this water is an ancient sea which inundated the
mainland in the geologic past.
Resident, Group Home - Any of the following: an aged person as
defined in Section 400.618(3) F.S,; a physically disabled or
handicapped person as defined in Section 760.22(5)(a) F.S.; a non -
dangerous mentally ill person as defined in Section 394.455(3)
F.S.; or a child as defined in Section 39.01(8) and (10) F.S.
Residential Districts - These zoning districts where the principal
use is single-family or multiple -family residential dwelling units,
including the districts such as but not limited to: A-1, A-2, A-
3, RFD, RS -1, RS -3, RS -6, RT -6, RM -3, RM -4, RM -6, RM -8, RM -10, RMH-
6, RMH-8, ROSE -4, R -SCID, AIR -1, CON -1 and CON -2.
Residential Wastes - Mixed household wastes, including yard wastes
generated by households.
Resort Housing - Structures containing accommodations made
available to tourists for temporary occupancy of dwelling units
which may be classified as a hotel or motel rooms, apartments or
condominium units, time-share units or other such units
accommodating transient residential needs.
Resource Recovery - The process of recovering materials or energy
from solid waste, excluding those materials of solid waste under
control of the Nuclear Regulatory Commission and the Atomic Energy
Commission.
Restaurants (excluding Drive-ins) - Any establishment (which is not
a drive-in service establishment) where the principal business is
the sale of food, desserts or beverages to the customer in a ready -
to -consume state and where the design or principal method of
operation includes one or more of the following:
a. Customers, normally provided with an individual menu, are
served generally in non -disposable containers by a rest-
aurant employee at the same table or counter at which
said items are consumed.
b. Ice cream parlors and other small specialty restaurants
having floor area exclusively within a shopping or office
center and sharing common parking facilities which other
businesses within the center and expressly prohibiting
freestanding stores having characteristics of a drive-
in restaurant.
c. A cafeteria or cafeteria type operation where foods,
desserts or beverages generally are served in nondispos-
able containers and consumed within the restaurant
building.
d. The restaurants are self-service; food is generally
served in disposable containers, and customers generally
do the busing and clean-up for themselves or foods.
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e. Customers purchase food, desserts or beverages for carry-
out.
Retail Sales and Services, General - Commercial establishments
that, in addition to serving day-to-day commercial needs of a
community, also supply the more durable and permanent needs of a
whole community, including convenience stores, supermarkets,
department stores, discount stores, variety stores, hardware and
garden supply stores, apparel and footwear stores, florists, gift
shops, jewelry stores, book and stationary stores, specialty shops,
sporting goods stores, furniture and home furnishing stores, office
equipment and supplies, automotive supply stores, appliance stores
and similar retail sales and services. This use grouping also
includes laundry and dry cleaning establishments classified in the
Fire Prevention Code IV or V and using only non-flammable Class IV
solvents. General retail sales and services expressly excludes
sale and rental of motor vehicles, excepting small parts and
accessories; sale of construction materials, excepting paint,
fixtures, and hardware; vehicular service and maintenance
activities including service stations.
Retail Shops, Specialty - Commercial establishments such as
boutique shops and other special shops that cater to custom
markets, such as tourists, collectors, design clientele and similar
specialized user groups, and offering goods not generally available
in convenience or shoppers goods establishments.
Retail Trade - The sale of consumer goods, commodities, and
services to ultimate consumers.
Retention (to Retain) - the prevention of, or to prevent the
discharge of, a given volume of stormwater runoff into surface
waters of the state by storage completely on-site where the
capacity to store the given volume of stormwater is restored with
in seventy-two (72) hours following the storm event. Retention
storage is the amount of water the soil can hold against the pull
of gravity. The required storage volume must be provided by a
decrease of stored water caused by percolation through soil,
evaporation, evapotranspiration, or spray irrigation. Wet retention
refers to a basin which penetrates the dry season groundwater
table. Dry retention refers to a basin whose bottom located at
least feet one (1) foot above the wet season groundwater table.
Revenue Bonds - Bonds payable from a specific source of revenue
which do not involve a pledge of the full faith and credit of the
issuer. Revenue bonds are payable from identified sources of
revenue, and do not permit the bondholders to compel taxation or
legislative appropriation of funds not pledged for payment of debt
service.
Revenues - Increases in the net current assets of a governmental
fund type from other than expenditure refunds and residual equity
transfers.
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Reverse Osmosis (RO) - A physical method of water treatment in
which water under pressure is forced through a membrane which
rejects a percentage of both organic and inorganic impurities
within the water.
Review Report - An analysis of the effect a project will have on
various aspects of the community infrastructure. The extent of the
report shall vary with the type, extent and intensity of
development.
Rezoning Petition - A request to amend the Official Zoning Atlas
for a specific parcel of land meeting the requirements of Chapter
911, Zoning, and Chapter 902, Administrative Mechanisms.
Right -of -Way - Land dedicated, deeded, used, or to be used for a
street, alley, walkway, boulevard, utility installations, drainage
facility, access for ingress or egress, or other purpose by the
public, certain designated individuals, or governing bodies.
Riparian Lot Line - A line of division separating the riparian use
areas of adjacent waterfront parcels, extending waterward from the
point of intersection of a side lot line and a shoreline. The
riparian lot line shall be extended to the center line ("thread")
of a waterway, and shall be perpendicular to the general course of
the waterway at that point.
Riparian Side Yard Setback - A setback pertaining to waterfront
structures and associated uses equalling the distance of the
required side yard setback of a given property, measured from the
riparian lot line.
Road, Arterial - A road which is a main traffic artery carrying
relatively high traffic volumes for relatively long distances.
Generally, an arterial road is greater than or planned to be
greater than two (2) lanes in width, and longer than two (2) miles
in distance. All arterial roads in Indian River County are
designated in Figure 4.13.2 (Thoroughfare Plan Map) and listed in
Tables 4.7.1 - 4.7.3 of the Traffic Circulation Element of the
Comprehensive Plan.
Road, Collector - A road which carries traffic from local roads to
arterial roads. Collector roads have more continuity, carry higher
traffic volumes, and may provide less access than local roads.
Generally, collector roads are two-lane facilities and generally
operate at lower capacity and operating speeds than do arterial
roads. All the collector roads in Indian River County are
designated in Figure 4.13.2 (Thoroughfare Plan Map), Traffic
Circulation Element, Comprehensive Plan.
Road, Local - A road designated and maintained primarily to provide
access to abutting property. A local road is of limited continuity
and is not for through traffic. A local road is not considered as
part of the major road network system.
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Road, Public - The area of the public right-of-way, either paved
or unpaved, which is intended for vehicular traffic.
Road Capacity - The maximum number of vehicles that can be
accommodated by a given roadway during a specified time period
under prevailing roadway, traffic and control conditions at that
roadway's adopted level of service.
Roadway - The portion of highway, including shoulders, for vehicle
use. Also see Street.
Roadway, Major - A road depicted on the Indian River County
Thoroughfare Plan Map (Figure 4.13.2, Traffic Circulation Element,
Comprehensive Plan) as a principal arterial, minor arterial, or
collector road.
Roadway, Shared - Any roadway upon which a bicycle lane is not
designated and which may be legally used by bicycles regardless of
whether such facility is specifically designated as a bikeway.
Roadway Capital Improvement - The planning of, engineering for,
acquisition of land for, and construction of roads, turn lanes,
intersection improvements and signalization, but not including
maintenance.
Roof Line (Deck Line) - The intersecting lines of a roof formed at
the junction of the roof with the walls of a building. On a sloped
roof, the deck line is the intersection of the sloped roof sides
with the uppermost flat roof.
Rooming House - A building that is the primary residence of the
owner and in which rooms are provided by the owner, for
compensation, to three or more adult persons not related by blood,
marriage, or adoption to the owner.
Rubbish - Refuse accumulations of paper, excelsior, rags or wooden
or paper boxes or containers, sweepings, and all other
accumulations of a nature other than garbage, which are usual to
housekeeping and to the operation of stores, offices and other
business places, also any bottles, cans or other containers which,
due to their ability to retain water, may serve as breeding places
for mosquitoes or other water breeding insects.
Sanitary Sewers - Mains, pipes and laterals for the reception of
sewage and carrying such sewage to a treatment plant or some part
of the sewage disposal system, and may embrace pumping stations,
outlets and a sewage disposal system where deemed necessary.
Satellite Dish Antennas - (Also see Antenna) An antenna with a
low -noise amplifier, the purpose of which is to receive
communication or other signals from orbiting satellites.
School, Business and/or Collegiate (including Vocational or Trade
School) - A private, public, or other non-profit institution
conducting educational programming for business, vocational,
collegiate, or post -graduate levels, operated by a governmental or
66
non-governmental organization, which is licensed by the State of
Florida.
School, Hazardous Walking Conditions - As per Florida Statutes,
Chapter 234, Section 234.021, the conditions perceived to be
hazardous to "students" (means "any public elementary school
student whose grade level does not exceed grade 6") who live within
2 miles from the nearest appropriate school and who walk to school.
School, Primary and/or Secondary - A private or public or not for
profit institution conducting regular academic instruction at
kindergarten, elementary, and secondary levels, operated by a
governmental or non-governmental organization, which is licensed
by the State of Florida.
Screening - A method of visually shielding or obscuring one
abutting or nearby structure or use from another by fencing, walls,
berms or densely planted vegetation.
Seasonal and Migratory Units - Housing units intended by their
design, location, or character to be occupied only during certain
seasons of the year or held for occupancy by migratory workers
employed in farm work during the crop season.
Seating Capacity - The actual seating capacity of an area based
upon the number of seats or one seat per 18 inches of bench or pew
length. For other areas where seats are not fixed, the seating
capacity shall be determined as indicated by the Uniform Building
Code.
Secondary Treatment - A process which removes between 80 and 90
percent of the total organic material and suspended solids from the
sewage. This level of treatment generally requires multiple steps
involving one biological process and one or more processes for
removal of suspended solids.
Sediment - Fine particulate material which is capable of gravity
settlement, whether mineral or organic, and which is in suspension
or has settled in a water body.
Segment - One or a series of sequential links identified on the
Concurrency Determination Network in which the beginning and ending
points are defined by the Director of Public Works using criteria
that includes changes in roadway operating characteristics,
locations of signalized intersections and municipal boundaries.
Self -Service Storage Facility - Any real property designed and used
for the purpose of renting or leasing individual storage spaces to
tenants who are to have access to such space for the purpose of
storing and removing personal property.
Septic Tanks - Small scale wastewater treatment facilities
consisting of a settling tank for solid precipitation and anaerobic
biological action and a drainfield for effluent disposal.
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Service Station - Any premises where gasoline and other petroleum
products are sold and/or light maintenance activities such as
engine tuneups, lubrication, minor repairs, and carburetor cleaning
are conducted. Service stations shall not include premises where
heavy automobile maintenance activities such as engine overhauls,
automobile painting, and body fender work are conducted.
Setback - The minimum horizontal distance between the front, rear
or side lines of the lot and the front, rear or side lines of the
building including porches, carports, and accessory uses subject
to yard encroachment provisions of Chapter 911, Zoning. For lots
fronting on curvilinear streets the front setback shall be measured
from a line perpendicular to the chord line to the nearest point
of a structure.
Shopping Center - A group of retail stores planned and developed
for the site upon which they are built.
Shoreline - The mean high water line for tidal water bodies and
ordinary high water for fresh water bodies.
Shrub - A self-supporting woody perennial plant of low to medium
height characterized by multiple stems and branches continuous from
the base.
Sidewalk - The portion of a highway designed for preferential or
exclusive use by pedestrians.
Sign - Any writing (including letter, word, or numeral); pictorial
representation (including illustration or decoration); emblem
(including service mark, symbol, or trademark) except a religious
emblem; flag (banner or pennant); any other figure or character or
any structure or part thereof on which such writing, pictorial
representation, emblem, flag, or other figure or character is
installed or placed (except a building to which the same may be
attached) which:
a) is used to inform, attract attention, or advertise; and,
b) is readily visible from any public place off the premises
where the sign is located.
Whenever the word "sign" appears in Chapter 956, Signs, it shall
include "advertising structure". In addition, whenever the word
"sign" is used it shall include buildings or other structures
shaped to resemble in configuration or design a product for sale
such as, but not limited to, hot dogs, hamburgers, ice cream cones,
shoes, automobiles, or fruit.
Sign, A -Frame - A movable sign not secured or attached to the
ground as required by Chapter 956, Signs.
Sign, Abandoned - (On -premise) An on -premise sign identifying an
establishment that has not been conducting business at the site on
which the sign is located or at the location noted on the sign for
a period greater than one hundred eighty (180) days or a sign in
a condition of disrepair, set forth in Chapter 956, Signs, of the
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county land development code. A sign shall not be considered
abandoned for businesses which operate on a seasonal basis.
Sign, Add -On - Any additional sign area added to a permitted sign
prior to obtaining a permit for the additional sign.
Sign, Animated - A sign with physical action or motion or the
appearance thereof, using manmade or wind actuated elements,
including rotating, oscillating, fluttering, flashing, or swinging
signs, streamers, balloons, or banners, but excluding allowed
flags, traditional barber poles, electronic adjustable alternation
displays, and time/temperature units.
Sign, Area of Sign - The area of the single face side of the sign
within a perimeter which forms the outside shape, including any
frame forms and integral parts of the display, but excluding the
necessary supports, pole covers, or uprights on which the sign may
be placed. The copy area of the sign shall be the actual area of
the sign copy applied to any background as computed by straight
lines drawn closest to copy extremities encompassing individual
letters or words.
Sign, Canopy - Any sign installed on any ornamental roof -like
structure of cloth or otherwise that provides or suggests shelter
and projects from a wall or is supported by columns; or any
temporary or permanent cover providing shelter or decoration (as
over a door or window), including an awning.
Sign, Changeable Copy - A sign which has message characters that
are not permanently attached to the sign, but which are attached
to permit numerous changes of the message on the sign without
repainting of any part of the sign or removal of any parts of the
sign except the message characters.
Sign, Construction - A temporary sign erected on the premises on
which construction is taking place, during the period of such
construction, identifying the project and various characteristics
such as, completion date and those engaged in construction on any
building site. This may include the builder, contractor,
developer, architect, engineer, financing entity, or other persons
or artisans involved in said construction.
Sign, Development - A temporary sign advertising the sale or
rental of structures under construction upon land which is under
development.
Sign, Directional (off Premise) - See Billboard.
Sign, Directional - Any sign permanently or temporarily installed
on public property by or with approval of the County or any
authorized governmental agency. Such directional signs shall be
designated to guide or direct pedestrians or vehicles to any public
building, civic organization, place of worship, hospital, or
transportation facility.
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Sign, Directory - A sign which lists only the names of individuals
or businesses within a building, or contiguous buildings on one
premises.
Sign, Double -Faced - A sign with two faces of generally equal
dimensions, parallel to each other, and back to back. A double
faced sign shall be considered one (1) sign.
Sign, Identification - A sign which contains no advertising and
the message of which is limited to conveying street numbers, the
name, address and numbers of the premises, or the name of the owner
or occupant of the premises.
Sign, Facade - See Sign, Wall.
Sign, Flashing - Any sign with a light or lights which flash,
blink, change in intensity or otherwise create the illusion of
flashing or movement.
Sign, Free Standing - A sign which is supported by one or more
columns, uprights, or braces (ground or pole sign) anchored into
the ground independent of support from any building, including
ground signs and pole signs.
Sign, Height - The vertical distance to the highest point of a
sign. Free standing signs shall be measured from the average
natural grade or the minimum flood elevation, whichever is higher.
Sign, Illuminated - A sign which gives forth artificial light or
reflects such light from an artificial source.
Sign, Instructional - A sign conveying instructions with respect
to the premises on which it is maintained, such as, but not limited
to, "Exit", "Entrance", "Parking", "No Trespassing", "No
Solicitation", or similar instruction.
Sign, Memorial - A sign, tablet or plaque indicating a dedication
or the name of the building and is cut into a masonry surface or
constructed of metal as part of the building.
Sign, Message Center - Any sign that can automatically display
words, numerals, and/or characters in a programmed manner.
Sign, Multiple -Faced - A sign with more than two faces.
Sign, Nonconforming - Any sign lawfully existing on the effective
date of the sign ordinance, Chapter 956, or an amendment thereto,
but which would be prohibited or further restricted under the terms
of county land development regulations.
Sign, On -Premise - See Sign, Point of Purchase.
Sign, Point of Purchase (On Premise Sign) - Any structure, device,
display board, screen, surface or wall, characters, letters, or
illustrations placed thereto, thereon, or thereunder by any method
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or means whatsoever where the matter displayed is used for
advertising on the premises, a product or service, actually or
actively offered for sale or rent thereon or therein.
Sign, Pole - Free standing sign.
Sign, Political - Any non -permanent sign relevant to the candidacy
of any person who is qualified under the laws of Florida as a
candidate for an elective office of Indian River County, any
municipality, school district, special taxing district, or other
publicly elected office within Indian River County or any other
Florida County, State of Florida, or United States, or signs
advocating an issue that will appear on any primary, general or
special election ballot in the county.
Sign, Projecting - A sign other than a wall sign which is attached
to and projects no more than 18" from a structure or building face.
Area of a projecting sign is calculated on one face only.
Sign, Public - A sign placed under the authority of duly
authorized government officials, including traffic signs, civic
signs, legal notices, public safety signs, or signs placed by such
authorized officials for the public health, safety, welfare, and
convenience.
Sign, Real Estate - Any sign installed by the owner or his agent
on a temporary basis, advertising the real property upon which the
sign is located for rent, sale, or lease.
Sign, Revolving - See animated sign.
Sign, Roof - Any outdoor advertising display sign, installed,
constructed or maintained above the roof line of any building,
excepting allowable signs on a parapet or marquee.
Sign, Rotating - See Sign, Animated.
Sign, Sandwich - See Sign, A -Frame.
Sign, Snipe - Any sign placed on any tree, utility pole, or similar
object. Also, any sign installed without permission of the owner
of the property where the sign is placed.
Sign, Special Event - A sign that calls attention to a business
grand opening, civic event or meeting, or other similar activity
of a temporary nature.
Sign, Swinging - Any sign installed by any means which allows the
sign to swing back and forth by wind action.
Sign, Temporary - Any sign intended to be displayed for a limited
period of time only, usually for less than one year.
Sign, Time and Temperature - A display containing illuminated
numerals flashing alternately to show the time and/or temperature.
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Sign, Trailer - Any sign installed on a portable frame or
structure with wheels other than a motor vehicle and excluding
commercial trailers used in support of a commercial hauling, lawn
mowing, land clearing, or similar mobile commercial service.
Sign, Under Canopy - Any sign hung under a canopy.
Sign, Vee -Shaped - Any sign which has two faces which are not
parallel.
Sign, Vehicular - A sign affixed to or painted on a transportation
vehicle or trailer, for the purpose of business advertising;
however, not including signs affixed to vehicles or trailers for
identification purposes.
Sign, Wall (Facade Sign) - Any sign installed parallel to and flush
against the exterior wall of a building, supported by the building'
and which has only one advertising surface.
Sign, Wall Area - That background area upon which the copy area is
placed. Where the copy area is attached to the wall of a building,
the wall shall not be construed to be the background area of the
sign unless it is an integral part of the sign.
Sign, Window - Any sign placed on the inside or outside of any
window of any building or door which is visible from any public
right-of-way. This does not include merchandise on display.
Signal - Any impulse, fluctuating electronic quantity or source of
image, message, sound or other indicator that serves as a means of
communication or makes known or imparts thoughts, ideas or data of
any kind whatsoever.
Significant Project - See Project, Significant.
Silviculture - The management of forest land for timber production
and harvesting.
Site - Any tract, lot or parcel of land or combination thereof
where development is to be performed as part of a unit, subdivision
or project.
Site Plan - A plan, prepared to scale, showing accurately and with
complete dimensioning, the boundaries of a site and the location
of all buildings, structures, uses, and principal site development
features proposed for a specific parcel of land.
Site Plan Release - Release of an approved site plan(s) form the
planning division to a project owner or authorized agent upon
demonstration by such that all applicable conditions have been met
and all required permits have been obtained that are necessary
prior to construction.
Social Membership Organization - Membership organizations engaged
in civic, social or fraternal activities.
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Sodium Zeolite Softening - A chemical method of water treatment
involving the exchange of ions (atoms) in which sodium and
potassium atoms are exchanged for calcium and magnesium and
potassium atoms are exchanged for iron/manganese/tannins.
Soil, Excessively Drained - Water is removed from the soil very
rapidly. Excessively drained soils are commonly very coarse
textured, rocky, or shallow. Some are steep. All are free of the
mottling related to wetness.
Soil, Moderately Well Drained - Water is removed from the soil
somewhat slowly during some periods. Moderately well drained soils
are wet for only a short time during the growing season, but
periodically they are wet long enough that most mesophytic crops
are affected. They commonly have a slowly pervious layer within
or directly below the solum, or periodically receive high rainfall,
or both.
Soil, Poorly Drained - Water is removed so slowly that the soil is
saturated periodically during the growing season or remains wet for
long periods. Free water is commonly at or near the surface for
long enough during the growing season that most mesophytic crops
cannot be grown unless the soil is artificially drained. The soil
is not continuously saturated in layers directly below plow depth.
Poor drainage results from a high water table, a slowly pervious
layer within the profile, seepage, nearly continuous rainfall, or
a combination of these.
Soil, Somewhat Excessively Drained - Water is removed from the soil
rapidly. Many somewhat excessively drained soils are sandy and
rapidly pervious. Some are shallow. Some are so steep that much
of the water they receive is lost as runoff. All are free of the
mottling related to wetness.
Soil, Somewhat Poorly Drained - Water is removed slowly enough that
the soil is wet for significant periods during the growing season.
Wetness markedly restricts the growth of mesophytic crops unless
artificial drainage is provided. Somewhat poorly drained soils
commonly have a slowly pervious layer, a high water table,
additional water from seepage, nearly continuous rainfall, or a
combination of these.
Soil, Very Poorly Drained - Water is removed from the soil so
slowly that free water remains at or on the surface during most of
the growing season. Unless the soil is artificially drained, most
mesophytic crops cannot be grown. Very poorly drained soils are
commonly level or depressed and are frequently ponded. Yet, where
rainfall is high and nearly continuous, they can have moderate or
high slope gradients.
Soil, Well Drained - Water is removed from the soil readily, but
not rapidly. It is available to plants throughout most of the
growing season, and wetness does not inhibit growth of roots for
significant periods during most growing seasons. Well drained
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soils are commonly medium textured. They are mainly free of
mottling.
Solid Waste - Garbage, refuse, yard trash, clearing debris, white
goods, special waste, ashes, sludge, or other discarded material,
including solid, liquid, semisolid, or contained gaseous material
resulting from domestic, industrial, commercial, mining,
agricultural, or governmental operations.
Solid Waste Disposal Charge - The annual special assessment charge
against a parcel of assessable property for the disposal of solid
waste for the applicable fiscal year based upon the classification
of the use of such parcel of property as specified in the
equivalent residential unit ("ERU") schedule.
Solid Waste Facility - Land, equipment and buildings constructed
and maintained by the board of county commissioners to transfer and
or dispose of solid waste within the county.
Special Assessments - A compulsory charge made against certain
properties to defray part or all of the cost of a specific
improvement or service deemed to primarily benefit those
properties.
Special Exception - A use that would not be appropriate generally
or without restriction throughout a zoning district but which if
controlled as to number, area, location or relation to the
neighborhood, would promote the public health, safety, welfare,
morals, order, comfort, convenience, appearance, prosperity, or the
general welfare. Such uses may be permissible in a zoning
classification or district upon the granting of special exception,
meeting the requirements of Chapter 911, Zoning.
Special Vehicle Sales Event - A temporary activity having a
duration of four or fewer consecutive days for the sale of vehicles
held at a site not approved as a permanent vehicle sales facility
and conducted by one or more vehicle dealers having a valid Indian
River County occupational license.
Special Wastes - Solid wastes that require special handling and
management, including, but not limited to, white goods, whole
tires, used oil, mattresses, furniture, lead -acid batteries, and
biological wastes, and oversized bulky wastes and materials
generated in demolition and construction projects.
Specialty Farm - An agricultural activity which involves the
breeding, raising or overall care for animals which are not
classified as a household pet or livestock.
Specified Anatomical Areas - Specified anatomical that are:
a. Less than completely and opaquely covered:
1. Human genitals or pubic region; or
2. Cleavage of the human buttocks; or
3. That portion of the human female breast encompassed
within an area at or directly below the areola (the
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colored ring around the nipple). This definition
shall include the entire lower portion of the human
female breast exhibited by a dress, blouse, shirt,
leotard, bathing suit, or other wearing apparel,
provided the areola is not so exposed.
b. Human male genitals in a discernible turgid state, even
if completely and opaquely covered.
Specified Sexual Activities - Specified sexual activities
consisting of:
a. Human genitals in a state of sexual stimulation, arousal
or tumescence; or
b. Acts of human adamutism, analingus, beastiality, buggery,
cunnilingus, coprophagy, coprophilia, masochism,
masturbation, mecrophilia, pederasty, pedophilia, sadism,
sadomasochism, sapphism, sexual intercourse, sodomy,
urolagia or zooerasty; or
c. Fondling or other erotic touching of human genitals,
pubic region, buttock, anus or female breast; or
d. Excretory functions as part of or in connection with any
of the activities set forth in subsections (a) through
(b).
Specimen Tree - A tree which has been determined by the board of
county commissioners, following input from county environmental
planning staff, to be of high value because of its type, size, age,
or other relevant criteria, and has been so designated by the board
of county commissioners in the official record books following a
public hearing with due notice by certified mail to the owner.
Stable - Commercial - Any premises which provides boarding for
horses for a fee and/or where horses are available for rent or sale
to the general public.
Stable - Non -Commercial - A boarding facility for horses housing
no more than one (1) horse per acre of land area. The house,
boarding facility, and land area shall be held under the same
ownership. No boarding shall be provided in exchange for a
remuneration nor shall the horses be offered for hire or sale.
Stadium - See Commercial Amusement, Unenclosed.
Sterilization - The process of rendering permanently incapable of
reproduction.
Stored - Any recreational vehicle not in normal daily usage for
transportation of the occupants of the residence.
Storm Sewers - Drains or conduits for the passage of stormwater.
Stormwater - The flow of water which results from a rainfall event.
Stormwater and Flood Management System - A system of natural or
artificial water bodies or watercourses which stores or conveys
water.
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Stormwater Detention (or to detain) - The collection and temporary
storage of storm water in such a manner as to provide for treatment
and flood attenuation to the receiving waters.
Stormwater Management Plan- An engineering plan and written report
outlining the drainage and stormwater treatment facilities required
for the proper development of the tract under consideration
pursuant to the Stormwater Management and Flood Protection Chapter.
Stormwater Management System, Centralized - A dedicated stormwater
management tract which is not a part of any lot, road right-of-
way, backlot, or sidelot easement.
Story - That portion of a building included between the surface of
any floor and the surface of the next floor above it, or if there
be no floor above it, thence the space between such floor and
ceiling next above it.
Street - (Also see Roadway) - A public or private right-of-way
which provides vehicular traffic access between certain points and
which also may provide space for the location of utilities.
Streets are classified by function as follows:
(1) Arterial, Principal - Those routes intended to carry heavy
volumes of traffic for major distances within or through the
county, as delineated on the Indian River County Thoroughfare
Plan.
(2) Arterial, Minor - Those routes intended to carry heavy
volumes of traffic for short distances within the county, as
delineated on the Indian River County Thoroughfare Plan.
(3) Collector - A street which carries traffic from minor
streets to arterial streets, as indicated on the Indian River
County Thoroughfare Plan.
(4) Subdivision Feeder Road - A street which serves as the
principal entrance street of a residential subdivision or
provides for traffic circulation within a subdivision.
(5) Minor or Local Street - A street of limited continuity
used primarily for access to abutting property, including cul-
de-sacs and nonthrough streets.
(6) Marginal Access Streets - A street that is parallel and
adjacent to a major arterial street or highway and which
provides access to abutting property.
Street, Private - A privately owned access to abutting property,
which serves more than one property, is not dedicated to the
general public and is maintained by a Property Owner's Association
or other entity.
Streetline - A dividing line between a lot, tract or parcel of land
and a contiguous street.
Structure - Anything constructed or erected with a fixed location
on the ground, or attached to something having or requiring a fixed
location on the ground. Structures shall include buildings, mobile
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homes, walls, fences and signs, paving, sidewalks, utility
transmission towers, and other similar improvements.
Structure (Floodplain) - A walled and roofed building, including
a gas or liquid storage tank, that is principally above ground, as
well as a manufactured home.
Subdivide - To create a subdivision.
Subdivision - The division of land, whether improved or unimproved,
by any means into three (3) or more lots, tracts, parcels, tiers,
blocks, sites, units, land condominiums or fee simple townhouses,
for any purpose, including sale or lease, whether immediate or
future, or any division of land creating or changing any public
easement or street, includes additions and subdivisions.
Subdivision, Final - The plat to be recorded; final engineering
plans, specifications and calculations; certification of
improvements, as -built drawings, or performance guarantee; and
other required certifications, bonds, agreements, approvals, and
materials for development phase or the entirety of a parcel of
land, meeting the requirements of the Land Development Regulations.
Substantial Improvement - Any repair, reconstruction or improvement
of a structure, the cost of which equals or exceeds a cumulative
total of fifty (50) percent of the market value of the structure
either:
(1) Before the repair or improvement is started; or
(2) If the structure has been damaged and is being restored,
before the damage occurred.
For the purpose of this definition, "substantial
improvement" is considered to occur when the first
alteration of any wall, ceiling, floor, or other
structural part of the building commences, whether or
not that alteration affects the external dimensions of
the structure. The term does not, however, include
either any project for improvement of a structure to
comply with existing state or local health, sanitary, or
safety code specifications which are solely necessary to
assure safe living conditions; or any alteration of a
structure listed on the National Register of Historic
Places or the State Inventory of Historic Places.
Surface Water - Water in lakes, ponds, marshes and swamps, manmade
impoundments (reservoirs), or in the ocean.
Tailwater Conditions - The water surface elevation in the canal or
receiving water body which the site discharges to during the design
storm event.
Tavern - An establishment serving alcoholic beverages in which the
principal business is the sale of such beverages at retail for
consumption on the premises and where sandwiches and snacks are
available for consumption on the premises. (also see Bar).
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Tax Collector - The office of the tax collector of Indian River
County, or any of his employees or agents, including any
veterinarian providing licensing services pursuant to a contract
with the tax collector's office.
Taxpayer - Any person liable for taxes imposed under the provisions
of these land development regulations; any agent required to file
and pay any taxes imposed hereunder; and the heirs, successors,
assignees and transferees of any such person or agent.
Temporary Meeting - Recreation or Amusement Facility - A temporary
use such as a carnival, circus, festival, fair, horse or other
animal show, tent meeting, music festival, and similar activities.
Temporary Pavilion - Any devise, operational vehicle, apparatus,
tent, grouping of tables, or any other display technique or
apparatus that is mobile or portable, and that is not a structure.
Temporary Structure - A structure without any foundation or
footings and which is removed when the designated time period,
activity, or use for which the temporary structure was erected has
ceased.
Temporary Use - A use established for a fixed period of time with
the intent to discontinue such use upon expiration of the time
period.
Tenant Dwelling - A residential structure located on a bona fide
farm occupied by a transient farm worker employed on the farm.
Tenure - A housing unit which is owner -occupied or renter -occupied.
A housing unit is owner -occupied if the owner or co-owner lives in
the unit even if it is mortgaged or not fully paid for. All other
units are classified as "renter -occupied", including units rented
for cash rent and those occupied without payment of cash rent.
Tertiary Treatment - A level of wastewater treatment which removes
the organic material and suspended solids and synthetic organic
compounds or inorganic chemicals.
Thoroughfare Plan Map - A component of the transportation element
of the Indian River County Comprehensive Plan comprised of the
official map of present and future streets as planned by the board
of county commissioners.
Time -Share Estate - Any interest in a dwelling unit under which the
exclusive right of use, ownership, possession, or occupancy of the
unit circulates among the various owners of time share estates in
such unit in accordance with a fixed time schedule on a
periodically recurring basis for a period of time established by
such schedule.
Time -Share Plan -Any arrangement, plan, scheme, or similar device,
whether by membership agreement, tenancy in common, sale, lease,
deed rental agreement, license, use agreement, security, or by any
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other means, whereby a purchaser in exchange for advanced
consideration receives a right to use accommodations or facilities,
or both for a period of time less than a full year during any given
year but not necessarily for consecutive years, and which extends
for a period of more than three (3) years.
Time -Share Unit - Any dwelling unit in which time-share estates
have been created.
Tinted or Filmed Glass - Window glass which as been covered with
window tint or film such that the material has a visible
transmittance (the percent of incident radiation passing through
a window) of forty-five percent (45%) or less.
Townhouse - A one -family dwelling in a group of at least three such
units in which each unit has its own front and rear access to the
outside, no unit is located over another unit, and each unit is
separated from any other unit by one or more common fire resistant
walls.
Tract - A parcel of land that is being subdivided into smaller
segments or, if the context is proper, a designated area or parcel
on a plat.
Traffic Analysis Zone (TAZ) - A portion of a transportation study
area delineated geographically for land use and traffic analysis
purposes incorporating household and socioeconomic data.
Traffic Assignment - The procedure of determining and allocating
trips to specific segments on the Concurrency Determination Network
as travel occurs from one location to another location.
Traffic Circulation Plan - The official map of present and future
streets adopted by the board of county commissioners.
Traffic -Control Device -Any sign, signal, marking or device placed
or erected for the purpose of regulating, warning, or guiding
vehicular or pedestrian traffic.
Traffic Count Location - A location established by the Director of
Public Works where periodic traffic counts are taken by the Florida
Department of Transportation, Indian River County, or any other
local jurisdiction or private entity; and where additional traffic
counts may be required as part of the submission requirements of
a traffic impact study.
Traffic Impact Fee Districts - Those nine (9) geographical areas,
as identified on the Traffic Impact Fee District Map, which is
incorporated herein by reference.
Transfer of Development Rights (TDR) - The conveyance of
development rights by deed, easement, or other legal instrument
authorized by local law to another parcel of land and the recording
of that conveyance.
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Transfer Station - A site and equipment designated by the county
for the purpose of transferring certain refuse, from collection
vehicles to transport vehicles.
Transient Merchant - Any person or business entity that engages in
the sale of any personal property, unless such sales are excluded
from transient merchant status by other code regulations, including
but not limited to food products, agricultural products, and
merchandise, from temporary pavilions along public or private
streets with the following exceptions:
(1) Any person selling agricultural products from
agriculturally zoned property upon which he or she grew
the produce provided the products are not offered for
sale in the road right-of-way; and
(2) Any person who sells his or her own property which was
not acquired for resale, barter or exchange and does not
conduct such sales or acts as a participant by furnishing
property for sale in such a manner more than three (3)
times during any calendar year (i.e. garage sales,
rummage sales, white elephant sales, etc.) when property
is not offered for sale in the road right-of-way.
Transmissivity - The ability of a pervious surface to transmit
water. Higher transmissivity means more water is penetrating into
the aquifer.
Transportation Disadvantaged - Those individuals who because of
physical or mental disabilities, income status, or age are unable
to transport themselves or to purchase transportation and are
therefore dependent upon others to obtain access to health care,
employment, education, shopping, social activities, or other life-
sustaining activities.
Trash (Yard) - All horticultural trimmings and all accumulations
of grass, weeds, palm fronds, leaves, flowers, shrubs, vines, tree
limbs, and other similar accumulations incidental to yard keeping.
Travel Trailer - A vehicular portable structure not exceeding
thirty-six (36) feet in length designed for travel, recreational
and vacation uses.
Traveled Way - The portion of a roadway for the movement of
vehicles, exclusive of shoulders and auxiliary lanes.
Tree - A woody plant having a well defined stem, a more or less
well defined crown, and which is capable of attaining a height of
at least ten (10) feet with a truck diameter of not less than two
(2) inches, or a cluster of main stems having an aggregate diameter
of not less than two (2) inches, at a point four and one-half (4
1/2) feet above ground.
Tree, Protected - Any tree having a dbh of four (4) inches or
more, all specimen and historic trees, and all significant
groupings of trees of West Indian or tropical origin of any size,
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and all mangroves regardless of size; excluding, however, the
following trees, regardless of size or location:
Casuarina cunninghamiana - Australian pine
Casuarina lepidophlia - Australian pine
Enterolobium cyclocarpum - Australian pine
Melia azedarch - Chinaberry
Schinus terebinthifolius - Brazilian pepper tree
Melaleuca quinquenervia - Melaleuca, punk or paper tree
Cabbage palms (Sabal palmetto) and citrus trees of all varieties
shall not be considered to be protected trees, but such trees shall
be included in the tree survey in the event the applicant chooses
to make use of said trees as a credit against the trees otherwise
required under an applicable landscaping regulation or requirement.
Tree Protected Area - An area surrounding a protected, historic,
or specimen tree within which physical intrusion is prohibited in
order to prevent damage to the tree, roots and soil around the tree
base, the dimensions of which shall be established by a county
environmental planner and set forth in a tree removal or land
clearing permit, in accordance with Chapter 927.
Tree, Shade/Canopy - A tree, which by virtue of its natural shape,
provides at maturity a minimum shade canopy averaging fifteen (15)
feet in diameter and a height of fifteen (15) feet.
Tree Survey - An aerial photograph or sketch prepared to a scale
no smaller than one (1) inch to two hundred (200) feet which
provides the location, size and common name of all protected trees
located on a given parcel of land intended for development or site
planning as a single lot, tract, or building site.
Trihalomethanes -
groundwater.
Trip Generation -
use as defined in
Trips Data Table.
Cancer causing chemicals found in shallow aquifer
The number of trips generated by a unit of land
the Indian River County Trip Rate and Percent New
Turf - Continuous plant coverage consisting of grass species,
including but not limited to Bermuda, Centipede, Bahia, St.
Augustine, and Zuysia grass.
Turning Movement Count - The collection of data at an intersection
which depicts the volumes of traffic that make turns and go through
the intersection during the peak periods of 7:00 a.m. to 9:00 a.m.,
11:00 a.m. to 1:00 p.m., 3:00 p.m. to 6:00 p.m., or as otherwise
specified by the Director of Public Works.
Turning Radius - The radius of an arc which approximates the
truning path of a vehicle.
Undeveloped Condition - The project site in its naturally existing
unimproved state.
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Understory - Vegetation plant coverage consisting of shrubs, herbs,
and vines which because of their nature will not grow to such a
height that they will occur in the canopy layer of trees.
Unenclosed Storage - The temporary placement of recreational
vehicles, boats, trailers and similar recreational equipment in an
open area or accessory structure without walls. For the purposes
of this section, recreational vehicles and similar equipment stored
in accessory garages or attached carports shall be considered to
be in enclosed areas.
Unincorporated County - The entire geographic area of Indian River
County, except for municipalities.
Unserviceable Vehicle - See Junk Vehicle.
Use - Any activity on a site or within a structure.
Use, Change of - A change in an existing or previous use on a site
or within a structure from one principal use to another principal
use such that the change would require a different application of
the land development regulations to the latter principal use than
what is applicable to the former principal use.
User Charge - A revenue source to recover all or part of the cost
of goods or services from those directly benefitting from them.
Utilities, Public or Private - Heavy - All major electrical
generation plants (generating 50 megawatts or more), major sewage
treatment and disposal facilities, and major water purification
plants.
Utilities, Public or Private - Limited - The following, when they
are the principal use on a lot: electrical substations, package
treatment plants, water purification, storage and pumping
facilities, sewage pumping facilities, and similar utility uses.
Vacant - A housing unit in which no one is living, unless the
occupants are only temporarily absent. New units not yet occupied
are counted as a dwelling but considered vacant when windows and
doors are in place, finish floors are laid, and the building
exterior is weatherproof.
Variance - A dispensation permitted on individual parcels of
property as a method of alleviating unnecessary hardship by
allowing a reasonable use of the building, structure, or property,
which, because of unusual or unique circumstances, is denied by the
terms of Chapter 911, Zoning.
Vegetation Survey - An aerial photpgraph (or blueprint thereof) or
sketch prepared to a scale no smaller than one inch equals two
hundred (200) feet which delineates native upland plant communities
by general category and distinguishes such communities from non-
native plant communities and/or disturbed areas occurring on a
site. "Native upland plan community general category" includes
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coastal strand, coastal/tropical hammocks, pine flatwoods, dry
prairies, xeric scrub, cabbage palm hammocks, and upland hardwood
hammocks.
Vehicle - Any wheeled conveyance, whether motor powered, animal
drawn or self propelled. The term shall include any trailer in tow
of any size, kind or description.
Vehicular Access - A driveway, roadway, apron or other travelway
to facilitate vehicular movement to and from property adjoining a
highway. Includes only that part of a driveway that lies within
the highway right-of-way boundaries.
Vehicular Race Track - See Commercial Amusement, Unenclosed.
Vines - Any of a group of woody or herbaceous plants which may
climb by twining, by means of aerial rootlets or by means of
tendrils, or which may simply sprawl over the ground or other
plants.
Visible Light - See Illuminate.
Volume (Traffic) - The number of vehicles to pass a predetermined
location during a specified period of time.
Warehouse - A building used primarily for the storage of goods and
materials.
Waste Generation Unit (WGU) - A basic unit of waste generation
equivalent to 1.0 ton per year.
Wastewater - Untreated sewage.
Wastewater Collection Network - The system of pipes which convey
the untreated wastewater from individual homes and other
establishments to the treatment plant.
Wastewater Interceptors - Parts of the collection system which
connect directly to and convey sewage to the treatment plant.
Wastewater System, Regional - A regional wastewater system
consisting of regional treatment plant, main collection and
transmission network located and sized to handle the ultimate usage
based on the wastewater master plan.
Wastewater Treatment Plant - The facility which functions to remove
solid and organic materials from the wastewater.
Wastewater Treatment Plants, Regional - Large scale sanitary sewer
systems comprised of three components: collection of raw sewage;
treatment of the sewage; and the disposal of the treated sludge and
effluent.
Wastewater Treatment Process - The means by which solid and organic
materials are removed from the untreated wastewater.
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Wastewater Trunk Mains - Components of the collection system which
connect directly to and convey sewage to the interceptors through
a gravity system.
Water - All water on or beneath the surface of the ground including
natural or artificial watercourses, lakes, ponds or diffused
surface water and water standing, percolating or flowing beneath
the surface of the ground, as well as all coastal waters within
Indian River County.
Water or Sewer - Peak Hour Demand (PHD) - The average flow rate
during the peak hour recorded on the maximum demand day. It is
measured in gallons per minute (GPM).
Water Demand - Average Daily Demand (ADD) - The average water
demand for one day during a calendar year. It is equal to the total
volume of treated water pumped into the distribution system from
treatment plants during a calendar year, divided by 365 days. It
is expressed in terms of million gallons per day (MGD).
Water Demand - Fire Flow Demand - The required fire flow water
demand established for a specific building structure to be supplied
by a water distribution system based on the Insurance Service
Office (ISO) Fire Suppression Grading Schedule. The fire flow
demand is set for each specific building based on the type of
structure, floor area and occupancy.
Water Quality Adverse Impacts - Any modifications, alterations or
effects upon a feature or characteristic of water or floodprone
lands, including but not limited to the quality, quantity,
hydrodynamics, surface area living resources, aesthetics or
usefulness for human or natural uses of said water or floodprone
land, which are, or potentially may be, harmful or injurious to
human health, welfare, safety or property, or which unreasonably
interfere with the enjoyment of life or property, including outdoor
recreation. The term includes secondary and cumulative as well as
direct impacts.
Water System, Regional - A regional water system consisting of
regional water plants, storage and distribution networks located
and sized to handle the ultimate usage based on the water system
master plan.
Water Systems - Wells, treatment facilities, mains, pipes and
laterals for the passage of water for private and public use,
including public hydrants.
Water Table - The top of the zone of saturation.
Waterbody - Any natural or artificial pond, lake, reservoir or
similar area which ordinarily contains water and which has a
discernable shoreline.
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Watercourse - Any natural or artificial channel, ditch, canal,
stream, river, creek, waterway or wetland through which water flows
in a definite direction, either continuously or intermittently, and
which has a definite channel, bed, banks or other discernible
boundary.
Watershed - A drainage area or drainage basin contributing to the
flow of water into a receiving body of water.
Weeds - Any accumulation of untended, dead or living grasslike
and/or herbaceous vegetation, generally found in association with
an unkept yard area, which become infested with vermin, constitute
a health hazard, or become a fire hazard under drought conditions.
For the purposes of this definition, weeds generally refers to
unkept sod grass, such as Bermuda, Centipede, Bahia, St. Augustine,
and Zoysia grass. Such definition shall not include trees or
shrubs, or understory vegetation which is in association with an
undeveloped wooded lot. The term "weeds" shall not be deemed to
include any vegetation protected under county land development
regulations.
Well - Any excavation that is drilled, cored, bored, washed,
driven, dug, jetted, or otherwise constructed when the intended use
of such excavation is to conduct groundwater from a source bed to
the surface, by pumping or natural flow, when groundwater from such
excavation is used or is to be used for public water supply well.
Wellfield, Public - An area where one or more public water supply
wells are located.
Wellfield, Regulated Area - that area within the Zone of Protection
surrounding each Public Water Supply Well.
Wellfield, Regulated Substances - Substances which are:
(1) known to have hazardous and toxic properties such as
those listed by the EPA in federal regulations set forth
in 40 CFR 302; or
(2) listed as a priority toxic pollutant by the EPA in
federal regulations in 40 CFR 122.21;or
(3) a toxic degradation product, which includes petroleum-
based products; or
(4) on the Restricted Use Pesticide List promulgated pursuant
to Chapter 487, Florida Statutes, set forth in Chapters
5E-2 and 5E-9, Florida Administrative Code.
Wellfield, Zone of Protection - That area within a radial distance
of on thousand (1000) feet of a public water supply well.
Wetland - Land transitional between terrestrial and aquatic systems
where the water table is usually at or near the surface or the land
is covered by shallow water. For purposes of this classification,
wetlands must have one or more of the following three attributes:
1. At least periodically, the land supports predominantly
hydrophytes;
2. The substrate is predominantly undrained hydric soil; and
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3. The substrate is nonsoil and is saturated with water or
covered by shallow water at some time during the growing
season of each year.
Wholesale Trade - The sale of goods for resale by a retail
establishment to the ultimate consumer.
Work - All construction as shown on approved plans and
specifications for all facilities and features of any kind which
are required as part of the process of the subdivision of land.
Yard - An open space at grade between a building and the adjoining
lot lines unoccupied and unobstructed by any portion of a structure
from the ground upward, except as otherwise provided herein. In
measuring a yard for the purpose of determining the width of a side
yard, the depth of a front yard or the depth of a rear yard, the
minimum horizontal distance between the lot line or chord line and
the structure shall be used.
Yard, Front - On interior lots the yard being the minimum
horizontal distance between the structure and the street right-
of-way. On multi -frontage lots all yards which abut a street
right-of-way are considered front yards. On double frontage lots
having frontage on opposite sides of the lot or parcel, the yard
abutting the street with the lower functional classification as
depicted on the County's Thoroughfare Plan Map shall be the front
yard. If both streets have the same functional classification, the
yard adjacent to the main entrance of the principal use of the lot
shall be the front yard.
Yard, Rear - A yard extending across the rear of a lot between the
side lot lines and between the rear lot line and the nearest
structure. On lots with one front lot line, the lot line opposite
the front lot line shall be the rear lot line. On corner lots
which abut two streets, the remaining yards not abutting a street
shall be side yards when abutting a side yard and shall be rear
yards when abutting a rear yard. On a multi -frontage lot which
abuts three streets, the remaining yard not abutting a street shall
be a side yard if it abuts a side yard and a rear yard if it abuts
a rear yard.
Yard, Side - A yard between any structure and the side line of the
lot, and extending from the front building setback line to the rear
yard and being the minimum horizontal distance between a side lot
line and the side of any structure. A yard which is not a front
or rear yard.
Year - The word "year" shall mean a calendar year, unless a fiscal
year is indicated.
Year -Round Units - Housing units available or intended for
occupancy at any time of the year. A unit in a resort area
occupied either on a year-round basis or occasionally throughout
the year is also considered as year-round.
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Zero lot line - The location of a building on a lot in such a
manner that one or more of the building's sides rests directly on
a lot line.
Zone - A portion of the territory of the county, exclusive of
streets, alleys, and other public ways, within which certain uses
of land, premises, and buildings are not permitted and within which
certain yards and open spaces are required and certain height
limits are established for buildings.
Zone of Aeration - The area where both air and moisture are found
in the spaces between soil and rock particles.
Zone of Saturation - The area where the every pore space between
rock and soil particles is saturated with water.
Zoning District - Any section or area of Indian River County for
which the zoning regulations governing the use, placement of
structures, yard and setback requirements, and size and dimension
criteria are uniform.
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CHAPTER 902 ADMINISTRATIVE MECHANISMS
Sec. 902.01 Title
Sec. 902.02 Purpose and Intent.
Sec. 902.03 Definitions
Sec. 902.04 Role of Board of County Commissioners in Planning
and Development
Sec. 902.05 Role of Planning and Zoning Commission in Planning
and Development
Sec. 902.06 Historic Resources Advisory Committee
Sec. 902.07 Appeals from Decisions of the Community Development
Director or his Designee
Sec. 902.08 Role of Board of Adjustment
Sec. 902.09 Variances
Sec. 902.10 Technical Review Committee
Sec. 902.11 Role of Community Development Director
Sec. 902.12 Amendments to the Land Development Regulations Text
and Official Zoning Atlas
Section 902.01 Title
This chapter, the terms and provisions contained herein, shall be
known as "Administrative. Mechanisms Ordinance" of Indian River
County, Florida.
Section 902.02 Purpose and Intent
It is the purpose of this chapter to identify the functions of the
boards, commissions and administrative officials as related to
planning and development activities.
Section 902.03 Definitions.
See Chapter 901
Section 902.04
Role of Board of County Commissioners in
Planning and Development
The Board of County Commissioners shall adopt and amend the
Comprehensive Plan pursuant to Chapter 163, Florida Statutes.
The Board of County Commissioners of Indian River County shall
have the power to consider, amend, adopt, repeal or reject
land development regulations.
The Board of County Commissioners shall consider, amend,
adopt, repeal or reject proposed amendments to the County's
official zoning atlas.
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(4) The Board of County Commissioners shall establish fees,
charges, and expenses applicable to land development related
applications.
(5)
The Board of County Commissioners shall consider and make
decisions regarding special exception uses.
(6) The Board of County Commissioners shall hear and take action
regarding appeals of decisions regarding site plans and uses
requiring administrative permits, when required to do so by
the regulations of Title IX of this code.
The Board of County Commissioners shall enforce land
development regulations through initiation of appropriate
administrative and legal action.
(8) The Board of County Commissioners shall appoint and confirm
members of the Planning and Zoning Commission, the Board of
Adjustment, and any other Board or Committee as required by
the Comprehensive Plan or by other regulations.
The Board of County Commissioners shall consider approval of
final plats, Development of Regional Impact (DRI) development
orders, amendments to development orders, right-of-way
abandonments, easement releases, subdivision variance
requests, and plat vacations.
(7)
(9)
(10) The Board of County Commissioners shall
Planning and Zoning Commission decisions.
(11) The Board of County Commissioners shall
relating to planning issues or problems.
(12) The Board of County Commissioners shall designate historic
resources as such, and apply and enforce the rules and
regulations of Chapter 933, Historic and Archeological
Resource Protection and other relative land development
regulations of Indian River County and, as applicable, the
State of Florida, concerning historical resources within the
County.
hear appeals of
direct studies
(14) The Board of County Commissioners shall levy fines and/or
additional penalties for violations of these land development
regulations.
(15) The Board of County Commissioners shall, when appropriate,
authorize grant applications for assistance available from
state, federal, or private sources for planning or land
development related projects.
(16) The Board of County Commissioners shall exercise all powers
and duties consistent with the grant of power contained in
F.S. 125.01.
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Section 902.05
Role of Planning and Zoning Commission in
Planning and Development
(1) The Planning and Zoning Commission shall act as the designated
Local Planning Agency.
(2) The Planning and Zoning Commission of Indian River County
shall have the power to recommend to the Board of County
Commissioners land development regulations, ordinances, and
amendments to land development regulations which are designed
to promote orderly development and implement the Indian River
County Comprehensive Plan.
The Planning and Zoning Commission shall consider whether or
not any proposed amendments to the Indian River County
Comprehensive Plan are consistent with the overall growth
management goals and objectives of the county, and shall make
recommendations regarding all such amendments to the Board of
County Commissioners.
(4) The Planning and Zoning Commission shall consider whether or
not any proposed rezoning requests are consistent with the
Indian River County Comprehensive Plan and make
recommendations regarding all rezonings to the Board of County
Commissioners.
(3)
(5) The Planning and Zoning Commission shall consider whether or
not specific proposed developments conform to the principles
and requirements of the County's land development regulations
and the Comprehensive Plan, shall make decisions on
development applications, and shall make recommendations to
the Board of County Commissioners based thereon.
(6) The Planning and Zoning Commission shall keep the Board of
County Commissioners and the general public informed and
advised on matters relating to planning and development.
(7) The Planning and Zoning Commission shall conduct such public
hearings as may be required to gather such information for the
drafting, establishment and maintenance of the various
components of the Comprehensive Plan, and such additional
public hearings as are specified under the provisions of these
land development regulations.
(8) The Planning and Zoning Commission shall review and make
decisions regarding applications for preliminary plat and site
plan approval.
(9) The Planning and Zoning Commission shall receive petitions for
special exception uses; review these petitions pursuant to the
applicable special exception use criteria; receive input at
an advertised public hearing; and recommend approval, approval
with conditions, or denial of the petitions to the Board of
County Commissioners.
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(10) The Planning and Zoning Commission shall consider whether
proposed uses requiring administrative permits conform to the
specific use requirements and make decisions related thereto.
(11) The Planning and Zoning Commission may recommend that the
Board of County Commissioners direct the planning staff to
undertake special studies on the location, condition and
adequacy of specific facilities. These may include, but are
not limited to, studies on housing, commercial and industrial
facilities, parks, playgrounds, beaches and other recreational
facilities, public buildings, public and private utilities,
transportation, parking, and Development of Regional Impact
(DRI) applications.
(12) The Planning and Zoning Commission of Indian River County
shall have the power to hear and decide appeals where it is
alleged there is error in any order, requirement, decision,
or determination made by an administrative official in the
enforcement of these land development regulations. The
decision of the Planning and Zoning Commission is final unless
appealed to the Board of County Commissioners.
(13) The Planning and Zoning Commission shall interpret these land
development regulations at the request of the Community
Development Director.
(14) The Planning and Zoning Commission shall perform any other
duties which may be lawfully assigned to it.
Section 902.06 Role of Historic Resources Advisory Committee
in Planning and Development
The Historic Resources Advisory Committee shall act in an advisory
capacity to the Board of County Commissioners to inform and advise
the Board on historical and archeological concerns. Formal
recommendations may be presented to the Board of County
Commissioners by the Historic Resources Advisory Committee.
(1) The Historic Resources Advisory Committee shall recommend
formal identification or designation of significant historic
and/or archeological resources for application of the
regulations contained in this section and Chapter 933,
Historic and Archeological Resource Protection.
(2) The Historic Resources Advisory Committee shall recommend to
the Board of County Commissioners the nomination of historical
resources to the National Register of Historical Places and/or
other authorized surveys or registers, including local
registers.
(3) The Historic Resources Advisory Committee shall advise the
Board of County Commissioners on all matters related to
historic preservation policy, including the use,
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administration. and maintenance of county -owned, historically
designated sites and structures.
(4) The Historic Resource Advisory Committee shall advise the
Board of County Commissioners on potential historic resource
acquisitions, and/or protection of privately -owned historical
resources.
(5) The Historic Resources Advisory Committee shall review and
make recommendations to the Board of County Commissioners
concerning all proposed amendments to land development
regulations, Comprehensive Plan policies or building codes as
they apply to historic resources.
(6) The Historic Resources Advisory Committee shall investigate,
review and recommend to the Board of County Commissioners
financial and technical assistance programs which serve to
further the historic preservation objectives of Indian River
County.
(7) The Historic Resources Advisory Committee shall promote the
public appreciation and awareness of historic resources and
their benefits to the county.
(8) The Historic Resources Advisory Committee shall conduct
investigations and make recommendations to the Board of County
Commissioners, as requested, pertaining to disputes or
undetermined delineations arising from the implementation of
Chapter 933, Historic and Archeological Resource Protection,
and/or any decision which may potentially affect the historic
resources of the county.
(9) The Historic Resources Advisory Committee shall review and
evaluate all site plans, PRD's and subdivisions. which are
located in areas suspected or known to contain any historic
resource. The request for review by the Historic Resource
Advisory Committee may originate from the Community
Development Director or his designee, the Planning and Zoning
Commission or the Board of County Commissioners.
(10) The Historic Resources Advisory Committee shall perform any
other function or duty assigned to the Committee by the Board
of County Commissioners as related to historic
resources/concerns.
Section 902.07 Appeals from Decisions of the Community
Development Director or his Designee
(1) Purpose and Intent
This section is established to provide a mechanism for the
hearing and resolution of appeals of decisions or actions by
the Community Development Director or his designee and for
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further appeals from decisions and actions from the Planning
and Zoning Commission.
(2) Authorization
(a) The Planning and Zoning Commission of Indian River County
shall be authorized to:
1. Hear and decide appeals when it is alleged that
there is an error in any order, requirement,
decision, or determination made by the Community
Development Director or his designee in the
application and enforcement of the provisions of
the land development regulations.
2. Hear and decide appeals when it is alleged that
there is an error in the interpretation or
application of a provision(s) of these land
development regulations in relation to a development
application. Decisions rendered by the Planning and
Zoning Commission may be appealed to the Board of
County Commissioners which shall have the power to
hear and decide such appeals.
(b) Upon appeal and in conformance with land development
regulations, the Planning and Zoning Commission in
exercising its powers may reverse or affirm wholly or
partly or may modify the order, requirement, decision,
interpretation, application or determination of the
Community Development Director or his designee.
(c) A majority vote of a quorum of all members of the
Planning and Zoning Commission shall be necessary to
reverse any order, requirement, decision, interpretation,
application or determination of the Community Development
Director or his designee.
(3) Appeal Procedures
(a) The applicant, or any other person(s) whose substantial
interests may be affected during the development review
process, may initiate an appeal.
(b) Appeals must be filed within fifteen (15) days from the
date of notification letter rendering the decision by the
respective official. Appeals may be concurrent with
requests for approval of a development application(s).
(c) An appeal must be filed within the specified time limit
with the Planning Division on a form prescribed by the
county. All such appeals shall recite the reasons such
an appeal is being taken. The appeal should identify:
the error alleged; the ordinance allegedly improperly
interpreted or the requirement decision or order
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allegedly improperly issued; the land development
regulations supporting the applicant's position; and the
goals, objectives and/or policies of the Comprehensive
Plan supporting the applicant's position. The appeal
shall be accompanied by a fee to be determined by
resolution of the Board of County Commissioners. The
Community Development Director shall schedule the appeal
at the earliest available meeting of the Planning and
Zoning Commission.
(d) Notice of the appeal, in writing, shall be mailed by the
Planning Division to the owners of all land which abuts
the property upon which an appeal is sought, at least
seven (7) days prior to the hearing. The property
appraiser's address for said owners shall be used in
sending all such notices. The notice shall contain the
name of the applicant for the appeal, a description of
the land sufficient to identify it, a description of the
appeal requested, as well as the date, time and place of
the hearing.
(e) All appeals shall be heard at a meeting of the Planning
and Zoning Commission. All interested parties shall have
a right to appear before the Planning and Zoning
Commission and address specific concerns directly related
to the appeal. Any person may appear by agent or
attorney. All such hearings shall be conducted in
compliance with the rules of procedure for the Planning
and Zoning Commission. The time and place scheduled for
hearing shall be given to the applicant in writing after
an appeal application is submitted.
(4) Action by the Planning and Zoning Commission; Findings of Fact
At the hearing scheduled for the purpose of considering the
appeal, the Planning and Zoning Commission may, in conformity
with the provisions of law and these land development
regulations, uphold, amend, or reverse wholly or partly, the
administrative action which is being appealed. As such, the
Planning and Zoning Commission shall have all the powers of
the Community Development Director or his designee from whom
the appeal is taken. In reviewing an appeal of a decision by
the Community Development Director or his designee, the
Planning and Zoning Commission must make findings in the
following areas:
(a) Did the reviewing official fail to follow the appropriate
review procedures?
(b) Did the reviewing official act in an arbitrary or
capricious manner?
(c) Did the reviewing official fail to consider adequately
the effects of the proposed development upon surrounding
properties, traffic circulation or public health, safety
and welfare?
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(d) Did the reviewing official fail to evaluate the
application with respect to the Comprehensive Plan and
land development regulations of Indian River County?
The decision of the Planning and Zoning Commission shall be
final unless further appealed. Not withstanding findings (a)
through (d) above, the Planning and Zoning Commission may make
additional findings of fact.
(5) Further Appeals from Action by the Planning and Zoning
Commission
At any time within thirty (30) days following action by the
Planning and Zoning Commission, the applicant, the county
administration or any department thereof, or any other person
whose substantial interests may be affected by the proceedings
may seek review of such decision by the Board of County
Commissioners. The decision of the Board of County
Commissioners shall be final. At the hearing scheduled for the
purpose of considering an appeal of the Planning and Zoning
Commission's action, the Board of County Commissions may, in
conformity with the provisions of law and these land
development regulations, uphold, amend, or reverse wholly or
partly, the decision by the Planning and Zoning Commission
which is being appealed. Further appeals shall be followed
in accordance with the same provisions of appeal procedures
to the Planning and Zoning Commission, Section 902.07(3). The
Board of County Commissioners shall have a majority present
as quorem and a simple majority vote shall constitute as the
final decision of the appeal.
(6) Effect of Filing an Appeal
The filing of an appeal shall terminate all proceedings which
further the action appealed until the appeal is resolved,
except when the halting of such action poses a threat to life
or property. The Planning and Zoning Commission shall make
this determination. Notwithstanding this provision,
proceedings involving review of a development application may
proceed when an appeal of an administrative decision has been
filed and will be considered concurrent with the development
application request.
(7) Transmittal of the Record
Staff shall forthwith compile and transmit to the Planning and
Zoning Commission all information documented which constitutes
the record of action from which the appeal is taken.
Section 902.08 Board of Adjustment
(1) The Board of Adjustment shall receive and consider
applications for variances from the terms of the county's land
development regulations and shall grant such variances as will
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not be contrary to the public interest, pursuant to the
procedures and requirements of the Variance Section of the
land development regulations, Section 902.09.
Section 902.09 Variances
(1) Purpose and Intent
This section is established to provide procedures for
reviewing variances by the Board of Adjustment. A variance
runs with the land and is a departure from the dimensional or
numerical or other technical requirements of the land
development regulations where such variance will not be
contrary to the public interest and where owing to conditions
peculiar to the property and not the result of the actions of
the applicant or his predecessors in title, a literal
enforcement of the land development regulations would result
in an unnecessary and undue hardship.
(2) Approving Authority
(3)
The Board of Adjustment is hereby authorized to grant
variances in accordance with the provisions of this section
and can attach conditions to variances granted.
Type of Variance to be Allowed
The Board of Adjustment shall have the authority to grant the
following variances:
(a) A variance from the yard area requirements of any zoning
district where there are unusual and practical
difficulties in carrying out these provisions due to an
irregular shape of the lot, topography, or other
conditions, provided such variation will not seriously
impact any adjoining property or the general welfare.
(b) Other technical variances that occur when an owner or
authorized agent can show that a strict application of
the terms of the land development regulations relating
to the use of the land will impose unusual and unique
difficulties, but not loss of monetary value alone.
(c) De -Minimus Setback Variance. A de -minimus setback
variance can be granted automatically at the staff level,
under certain circumstances, without Board approval.
This applies in the following circumstances where the
setback variance:
1. is for a structure properly permitted where no form-
board survey was required;
2. is for 0.5' or less from the setback required at the
time the structure was constructed or erected on
the site; and
96
3. is from property line (s) which have not been altered
so as to cause or increase the nonconformity.
(4) When Variances are not Allowed
(a) No variance shall be granted which would permit the
establishment or expansion of a use in a zone or district
in which such use is not permitted by these land
development regulations, or any use expressly or by
implication prohibited by the terms of these land
development regulations for said district.
(b) No variances shall be granted which would permit the
establishment or expansion of a special exception use in
any zoning district without the approval required in the
special exception section, and including specific land
use criteria.
(c) No variance shall be granted which would permit the
establishment or expansion of a use requiring an
administrative permit in any zoning district without the
approval required in the administrative permit section,
and including specific land use criteria.
(d) No variance shall be granted which relates in any way to
a nonconforming use, except as allowed in the
nonconformities section.
(e) No variance shall be granted which modifies any
definitions contained within these land development
regulations.
(f) No variance shall be granted which would in any way
result in any increase in density above that permitted
in the applicable zoning district regulations.
(5) Procedures
(a) Any property owner may apply for a variance after a
decision by the Community Development Director that an
existing property condition or a development proposal of
such property owner does not comply with the provisions
of these land development regulations.
(b) The applicant must file an application for a variance
along with the appropriate fee payable to Indian River
County with the Planning Division. The application shall
be in a form approved by the Community Development
Director and shall contain the following information:
1. Identification of the specific provisions of these
land development regulations from which a variance
is sought.
97
2. The nature and extent of the variance sought; an
explanation why it is necessary; and the basis for
the variance under Section 902.09(3)(a) or (b).
3. The grounds relied upon to justify the proposed
variance.
4. A legal description of the property, a copy of the
warranty deed for the property, and a detailed plot
plan of the property.
(c) On all proceedings held before the Board of Adjustment,
the staff of the Planning Division shall review the
application and file a recommendation on each item. Such
recommendation shall be transmitted to the Board of
Adjustment prior to final action on any item before the
Board of Adjustment, and shall be part of the record of
the application.
(d) Notice of the variance, in writing, shall be mailed by
the Planning Division to the owners of all land which
abuts the property upon which a variance is sought, at
least seven (7) days prior to the hearing. The property
appraiser's address for said owners shall be used in
sending all such notices. The notice shall contain the
name of the applicant for the variance, a description of
the land sufficient to identify it, a description of the
variance requested, as well as the date, time and place
of the hearing.
(6) Review by the Board of Adjustment
(a) In order to authorize any variance from the terms of
these land development regulations, the Board of
Adjustment shall determine that the application for
variance is complete, that the public hearing has been
held with the required notice and that the opportunity
has been given for the aggrieved parties to appear and
be heard in person or be represented by an attorney at
law, or other authorized representatives. The Board of
Adjustment shall also find that all of the following
facts exist before granting a variance:
1. That special conditions and circumstances exist
which are peculiar to the land, structure, or
building involved, and which are not applicable to
other lands, structures, or buildings in the same
zoning district.
2. That the special conditions and circumstances do not
result from the actions of the applicant or illegal
acts of previous property owners.
98
3. That granting the variance requested will not confer
on the applicant any special privilege that is
denied by the regulation to other lands, buildings,
or structures in the same zoning district.
4. That literal interpretation of the provisions of the
regulations would deprive the applicant of rights
commonly enjoyed by other properties in the same
zoning district under the terms of the regulations
and would constitute an unnecessary and undue
hardship upon the applicant.
5. That the variance granted is the minimum necessary
in order to make possible the reasonable use of the
land, building, or structure.
6. That the granting of the variance will be in harmony
with the general purpose and intent of the land
development regulations, and the Indian River County
Comprehensive Plan.
7. That such variance will not be injurious to the
surrounding area or otherwise be detrimental to
public welfare.
8. That the property cannot be put to a reasonable use
in a manner which fully complies with the
requirements of these land development regulations.
(b) The following regulations also apply to the authorization
of a variance:
1. No non -conforming use of neighboring lands,
structures, or buildings in the same zoning district
and non -permitted use of lands, structures, or
buildings in other zoning districts shall be
considered grounds for the authorization of a
variance.
2. No application or request may be reheard or
reconsidered unless otherwise directed by a court
of competent jurisdiction, or unless new
circumstances or information can be presented with
a new application.
(c) In granting any variance, the Board of Adjustment may
make the authorization of the variance conditional upon
such alternate and additional restrictions, stipulations
and safeguards as it may deem necessary to ensure
compliance with the purpose and intent of this chapter
and consistency with the Indian River County
Comprehensive Plan. Violation of such conditions, when
made a part of the terms under which the variance is
granted, shall be deemed a violation of this chapter.
99
Such conditions restrictions, stipulations, and
safeguards may include, but are not limited to, time
within which the action for which the variance is sought
shall be begun or completed or both; the establishment
of screening and/or buffering techniques; and provision
for extensions or renewals.
(7) Decision
The Board of Adjustment shall approve, approve with
conditions, or deny the application, furnishing the applicant
a written statement of the reasons for any denial.
Section 902.10 Technical Review Committee
(1) Establishment of the Technical Review Committee
The Technical Review Committee is hereby established for the
purpose of performing technical evaluations of subdivisions,
Planned Developments (PDs), Developments of Regional Impact
(DRIB), and site plan applications. The Technical Review
Committee shall be empowered to undertake studies and/or
reviews necessary to complete an appropriate analysis of those
applications pursuant to the procedures of these land
development regulations.
(2) Composition of Technical Review Committee
The Technical Review Committee is composed of:
(a) The Community Development Director, Chairman
(b) A staff planner of the Planning Division, designated
primary review responsibility for each development
project;
(c) The Public Works Director or his designee;
(d) County Traffic Engineer;
(e) County Drainage Engineer;
(f) Representative of the County Utility Department;
(g) Representative of Department of Environmental Health; and
(h) The Chairman of the Planning and Zoning Commission or his
designee; and
(i) The Technical Review Committee may request input from
other county divisions and governmental agencies
including, but not limited to, the Drainage District
representative, FDOT, School Board, Code Enforcement
Division, and Municipalities as needed.
100
(3)
The County Attorney's staff will provide legal counsel to the
Committee as needed.
Role of Technical Review Committee
The Technical Review Committee has the following duties and
responsibilities regarding the review and consideration of
subdivisions, Planned Developments, Developments of Regional
Impact, special exceptions, and site plan applications:
(a) The Technical Review Committee shall undertake technical
evaluations of all subdivisions, Planned Developments,
Developments of Regional Impact, and major.site plan
applications to identify deficiencies and/or
discrepancies from the provisions of the county's land
development regulations. Additionally, the Technical
Review Committee shall have the ability to review
Administrative Approvals, if warranted.
(b) The Technical Review Committee shall approve, approve
with conditions, disapprove or postpone consideration of
minor site plans as defined herein. Actions by the
Technical Review Committee regarding minor site plans
shall be final unless a written appeal to the Planning
and Zoning Commission is filed by the applicant within
ten (10) working days.
(4) Open Meetings
Meetings of the Technical Review Committee are staff meetings
and shall be open to the public and shall be held on a regular
basis. Such meetings shall not require the notification of
those property owners surrounding the site being reviewed.
Members of the public may not participate in the Technical
Review Committee deliberations unless final action is being
taken on minor site plan applications.
Section 902.11 Authority of Community Development Director
(1) The Community Development Director approves all administrative
approval applications and may require Technical Review
Committee review of Administrative Approval applications.
(2) The Community Development Director approves waivers of
information for minor site plan applications.
(3) The Community Development Director shall act as Chairman of
the Technical Review Committee.
(4) The Community Development Director shall make interpretations
regarding issues of use and criteria.
101
(5) The Community Development Director or his designee approves
temporary use permits, alcoholic beverage permits, sign
permits, land clearing permits and tree removal permits.
(6) The Community Development Director is responsible for
providing recommendations to the Board of County
Commissioners, Planning and Zoning Commission, Board of
Adjustment, and Code Enforcement Board.
(7) The Community Development Director is responsible for
providing staff support to the Board of County Commissioners,
Planning and Zoning Commission, Board of Adjustment and Code
Enforcement Board.
(8) The Community Development Director or his designee is
authorized to grant de-mimimus setback variances as provided
for in Section 902.09(3)(c) of this chapter.
(9) The Community Development Director or his designee can
designate a number of the planning division staff to act with
his authority.
(10) The Community Development Director is authorized to make non-
conformity determinations subject to the requirements allowed
in Chapter 904, nonconformities.
Section 902.12 Amendments to the Land Development Regulations
Text and Official Zoning Atlas.
(1) Purpose and Intent
The purpose of this section is to provide a means for changing
the text of the Land Development Regulations or the official
.zoning atlas. It is not intended to relieve particular
hardships or confer special privileges or rights to any
person.
(2) Changes and Amendments
The Board of County Commissioners may from time to time, on
its own motion, the motion of the Indian River County Planning
and Zoning Commission, or the petition of the owner or the
owner's authorized agent, amend, supplement, change, modify,
or repeal by ordinance, pursuant to the authority and in the
manner provided herein, any of the provisions of the Land
Development Regulations or any boundaries within the zoning
atlas.
102
(3) Standards of Review
In reviewing the application of a proposed amendment to the
text of the Land Development Regulations or an application for
a proposed amendment to the official zoning atlas, the Board
of County Commissioners and the Planning and Zoning Commission
shall consider:
(a) Whether or not the proposed amendment is in conflict with
any applicable portion of the Land Development
Regulations;
(b) Whether or not the proposed amendment is consistent with
all elements of the Indian River County Comprehensive
Plan;
(c) Whether or not the proposed amendment is consistent with
existing and proposed land uses;
(d) Whether or not the proposed amendment is in compliance
with the adopted county thoroughfare plan;
(e) Whether or not the proposed amendment would generate
traffic which would decrease the service levels on
roadways below level adopted in the Comprehensive Plan;
(f) Whether or not there have been changed conditions which
would warrant an amendment;
(g) Whether or not the proposed amendment would decrease the
level of service established in the Comprehensive Plan
for Sanitary Sewer, Potable Water, Solid Waste, Drainage,
and Recreation;
(h) Whether or not the proposed amendment would result in
significant adverse impacts on the natural environment;
(i) Whether or not the proposed amendment would result in an
orderly and logical development pattern, specifically
identifying any negative effects on such pattern;
(j) Whether or not the proposed amendment would be in
conflict with the public interest, and is in harmony with
the purpose and intent of the Land Development
Regulations; as well as
(k) Any other matters that may be deemed appropriate by the
Planning and Zoning Commission or the Board of County
Commissioners in review and consideration of the proposed
amendment such as police protection, fire protection, and
emergency medical services.
NOTE: Some of these items of consideration may be deemed as
inapplicable in the review and approval of Land Development
Regulation amendment requests.
(4) Amendment Procedures
(a) Application and content. All applications (other than
Board of County Commissioners initiated amendments) for
changes and amendments shall contain all the information
required of this section and shall be in a form
prescribed by the Community Development Department and
approved by the Board of County Commissioners. The
103
following information shall be provided by the applicant
for an amendment to the official zoning atlas.
1. Legal description; boundary survey. The
application shall describe by legal description and
any street address, where possible, the property to
be affected by the proposed change, setting forth
the present zoning applicable thereto and
specifying the district, zone or use requested by
the applicant. The application shall also include
a copy of the deed and at least one other conveying
instrument indicating present legal and/or
equitable ownership together with. notarized
authorization from the owner of the subject
property if the applicant is not the owner. The
application shall also include a boundary survey,
sealed by a registered land surveyor, of the
property proposed to be rezoned.
2. Statement of verification. All such applications
or petitions shall include a verified statement
showing each and every individual person having
legal and/or equitable ownership interest in the
property upon which the application for rezoning is
sought.
3. Concurrency Certificate. Each application shall
include a valid conditional, or initial concurrency
certificate or evidence of a concurrency
certificate application.
4. Fees. Each application shall include a publication
and application fee for each requested change;
provided, however, that as many lots or parcels of
property as the applicant may desire may be
included in a single petition if they constitute
one contiguous area. Such fee shall be established
by the board of county commissioners.
5. Application time limitations. A rezoning or land
development regulation text amendment application
shall be considered active for a period of one year
after it is submitted to the Community Development
Department. If the application is not complete or
if the Board of County Commissioners does not hold
a public hearing on the application because of
delays by the applicant; the application shall be
terminated one year after the submittal date.
(b) Staff review. The Community Development Department shall
have twenty (20) working days from the date the completed
application and required fees are submitted to review and
comment upon the application. The Community Development
Department shall then place the completed application on
the agenda of a regularly scheduled county planning and
zoning commission meeting; provided, however, the
following notice and publication requirements are met
prior to the public hearing before the county planning
and zoning commission.
104
1. Published notice requirement. The Community
Development Department shall publish the material
contents of the application, together with a map
indicating the area proposed to be rezoned, (map
required only for rezoning requests and Land
Development Regulations amendment requests where
state regulations require the publishing of a map),
at least fifteen (15) days, excluding Sundays and
legal holidays, prior to the county Planning &
Zoning Commission's public hearing on the
application, unless Florida Statutes mandate
different notice requirements.
2. Mailed notice; posted notice. Additionally, the
Community Development Departmentshall mail a
written (certified return receipt requested)
courtesy notice to all owners of property within
three hundred (300) feet of the outer limits of the
area described in the petition requesting a change,
advising all such owners as shown upon the last
prepared and completed tax assessment roll of the
county, in simple terms, the proposed change and
the time and place of the public hearing. In the
event that more than ten (10) lots or. parcels are
proposed for rezoning, notification shall be by
published notice only. For rezoning requests the
Community Development Department shall erect and
conspicuously place upon the subject property at
least one notice which shall contain the following
information:
a. Map of property which is the subject of the
rezoning petition;
b. Present zoning and requested rezoning
classification; and
c. Dates of scheduled hearings.
3. Failure to provide notice. The provisions hereof
for mailing notice are directory only and the
failure to mail such notices shall not affect any
change or amendment of said Land Development
Regulations. Moreover, regarding rezoning
requests, failure to maintain a conspicuous notice
on the property shall not affect said requests.
(c) Action by Planning and Zoning Commission. After the
public hearing, the county Planning and Zoning Commission
shall report its recommendations to the Board of County
Commissioners for final action. For rezoning requests,
a denial of the application by the county Planning and
Zoning Commission, unless appealed as provided for
herein, will be final.
(d) Appeals of decisions by Planning and Zoning Commission.
Any applicant who is aggrieved by a decision of the
county Planning and Zoning Commission regarding a
105
(5)
rezoning application may file a written notice of intent
to appeal the county Planning and Zoning Commission
decision with the director of the Community Development
Department, the chairman of the county Planning and
Zoning Commission, and the chairman of the Board of
County Commissioners. Such appeal must be filed within
fifteen (15) days of the decision of the county Planning
and Zoning Commission.
(e) Action by the Board of County Commissioners. Upon
receipt of the recommendations from the county Planning
and Zoning Commission, or upon receipt of a written
notice or intent to appeal, the Board ,of County
Commissioners shall consider the proposed change,
amendment or rezoning application and appeal within
forty-five (45) working days of the submission of said
recommendations or written notice of intent to appeal, at
advertised public hearing as required by F.S. 125.66.
Time for -reapplying. No new application for an amendment,
change or modification of the official zoning atlas shall be
permitted to be filed until after the expiration of at least
twelve (12) months from the filing of a previousapplication
with the Community Development Department, covering
substantially the same lands.
(6) Interim zoning. The Board of County Commissioners may adopt
stop -gap or interim zoning for periods of time not to exceed
one year designed to preserve the status quo inany area in
the county, pending the completion of zoning, water and sewer,
urban renewal or other similar type plans.
'u\v\ldr\admech
106
REZONING FLOW CHART
APPLICATION SUBMITTAL TO
COMMUNITY DEVELOPMENT DEPARTMENT 1
COMMUNITY DEVELOPMENT DIRECTOR
SHALL INITIATE REVIEW.
DETERMINATION OF APPLICATION
COMPLETENESS AND DATA
SUFFICIENCY SHALL BE MADE.
INCOMPLETE APPLICATION COMPLETE APPLICATION
WRITTEN NOTICE
FORWARDED TO APPLICANT
SPECIFYING DEFICIENCIES
INSUFFICIENCIES
ADDRESSED BY
APPLICANT AND
APPLICATION PROCESS
RE—INITIATED
1
PUBLIC HEARING BEFORE
PLANNING AND ZONING
COMMISSION
l
DENIES REQUEST '
WITH REASONS RECOMMENDS APPROVAL
1
NO APPEAL FILED
BY APPLICANT APPEAL BY APPLICANT
WITHIN 15 DAYS
1
PLANNING AND ZONING
COMMISSION DECISION
IS FINAL
Y
abliPUBLIC HEARING BEFORE
COUNTY COMMISSION 1
COUNTY COMMISSION
DENIES REQUEST
106.1
1
V
COUNTY COMMISSION
ADOPTS ORDINANCE
REZONING PROPERTY
Sec. 904.01
Sec. 904.02
Sec. 904.03
Sec. 904.04
Sec. 904.05
Sec. 904.06
Sec. 904.07
Sec. 904.08
Sec. 904.09
Chapter 904
Nonconformities
Short Title
Purpose and Intent
Definitions Referenced
Continuation of Nonconformities
Expansion, Increase, or Change of Nonconformities
Repair or Alteration of Nonconformities
Reconstruction of Nonconformities
Cessation of Nonconformities
Nonconforming Parcels of Record
Sec. 904.01 Short Title.
This chapter shall be known and may be cited as the Indian River
County Nonconformities Ordinance.
Sec. 904.02 Purpose and Intent.
It is the purpose and intent of this chapter to permit the
continuation of those parcels, structures, uses, characteristics
of uses or combinations thereof which were lawful when established,
but which would be prohibited, regulated, or restricted under the
terms of present regulations or future amendments. It is the
further purpose and intent of this chapter to promote the phasing
out of nonconforming structures, uses, and characteristics of uses
and combinations thereof, via specific conditions and limitations
as set forth in this chapter.
Sec. 904.03
The definitions
in Chapter 901,
Sec. 904.04
Definitions Referenced.
of certain terms used in this chapter are set forth
Definitions, of the County Land Development Code.
Continuation of Nonconformities.
Nonconformities may be continued so long as they remain otherwise
lawful, subject to the remaining provisions of this chapter.
Sec. 904.05 Expansion, Increase, or Change of Nonconformities.
(1) Generally. No nonconformity shall be enlarged, increased,
or changed to a different nonconformity, except upon a
determination by the director of community development
that the change results in lessening of the degree of the
nonconformity.
107
(2) Additions to nonconforming structures. Additions to
nonconforming structures containing conforming uses shall
be permitted, if the additions to the structure(s) comply
fully with setback and other applicable site -related
regulations.
(3)
Additions to, and development or re -development of,
establishments with site -related nonconformities.
Additions to, and development or re -development of,
structures on property with site -related nonconformities,
whereby the structural additions do not warrant the
submittal of a major site plan, may be permitted provided
that such additions are in conformance with all
applicable laws and ordinances of the county, do not
create nonconforming uses or structures, and do not
increase the existing site -related nonconformity. Any
addition which warrants the submittal of a major site
plan shall require all site -related nonconformities to be
terminated and brought in compliance with all applicable
regulations of the county, with the following. exceptions:
(a) site -related nonconformities pertaining to
encroachments into required yard setback
areas, and
(b) site -related nonconformities created by public
right-of-way acquisition.
Sec. 904.06 Repair or Alteration of Nonconformities.
Repairs, maintenance and improvements of nonconformities may be
carried out, provided that such work does not increase the cubic
content of the building or the floor or ground area devoted to the
nonconforming use and does not in any way increase or create a
site -related nonconformity. Moreover, such work shall not conflict
with the reconstruction provisions of Sec. 904.07. The requirements
of this section shall not be construed to prevent compliance with
applicable laws or requirements relative to the safety and
sanitation of a building occupied by a nonconforming use.
Sec. 904.07 Reconstruction of Nonconformities.
If any nonconforming structure or Use or an establishment
containing a site -related nonconformity is damaged by causes
including but not limited to fire, flood, explosion, collapse,
wind, neglect, age, or is voluntarily razed or disassembled to
such an extent that the cost of repair or reconstruction will
exceed fifty (50) per cent of the building's value as shown on the
tax assessment roll at the time of damage or proposed
reconstruction, the nonconformity shall be deemed terminated, and
shall not thereafter be reestablished. In the event that a
nonconformity may be repaired by an investment of less than fifty
(50) per cent of the value of the nonconformity as shown on the tax
108
assessment roll at the time of the damage or proposed
reconstruction, such repair shall be permitted, and the
nonconformity may continue.
Sec. 904.08 Cessation of Nonconformities.
(1) Cessation of a nonconformity for one year. If, for any
reason, a nonconforming use of land, a nonconforming
structure or an establishment having a site -related
nonconformity ceases operation for a continuous period
of one year or more, all nonconformities shall be
considered terminated and shall not thereafter be
reestablished. This provision shall not be construed to
apply to nonconforming single-family residential homes.
(2) Replacement of nonconforming mobile homes. Where mobile
home use constitutes a nonconforming use of land, no
mobile home may be replaced with another mobile home,
except when associated with a legal nonconforming mobile
home park, whereby the mobile home is maintained in
conformance with the originally approved mobile home park
site plan (as may be amended).
Sec. 904.09 Nonconforming Parcels of Records.
(1)
When a parcel has an area smaller than the requirements
of the zoning district in which it is located, but was
a parcel of record when this regulation was adopted, the
permitted use of the zoning district will be allowed,
providing all requirements, other than minimum parcel
size, are satisfied. This provision shall not be
construed to permit more than one dwelling unit on a
parcel with less parcel area per family than required for
the district in which such parcel is located.
(2) Side yard requirements notwithstanding, all existing
parcels of record shall be permitted to have side yards
reduced in order to allow a minimum buildable width of
thirty (30) feet. The thirty (30) foot width shall be
located so that the buildable area is centered in
relation to the width of the lot, and that side yards of
equal width are maintained.
\u\r\ord\conform
109
CHAPTER 910
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
910.01
910.02
910.03
910.04
910.05
910.06
910.07
910.08
910.09
910.10
910.11
910.12
910.13
Section 910.01
(1) Title
CONCURRENCY MANAGEMENT SYSTEM
Title, Background and Intent
Certificate of Concurrency Determination
No Taking or Abrogation of Vested Rights
Definitions
Interpretation and Administration of the Indian
River County Concurrency Management System
Establishment of Fee for Concurrency Review
Development Review System
Determination of Concurrency, Generally
Determination of Concurrency, Components
Level of Service Standards Established in the
Comprehensive Plan
Determination of Concurrency Specifically
Appeal Process and Vested Rights Determination
Assignability and Transferability
Title, Background and Intent
This chapter shall be known as the Indian River County Concurrency
Management System".
(2) Background
On February 13, 1990, the Indian River County Board of County
Commissioners adopted the Indian River County Comprehensive
Plan. The adoption of a comprehensive plan is required by
the Local Government Comprehensive Planning and Land
Development Regulation Act, Chapter 163, Part II, Florida
Statutes, as amended (the Act), a primary objective of which
is to effectively manage the problems associated with
Florida's rapid population growth. A key element of the Act
(Section 163.3177 (10)(h), Florida Statutes) is the concept
of "concurrency" expressed as follows:
"It is the intent of the Legislature that public
facilities and services needed to support development
shall be available concurrent with the impacts of such
development".
The Act further requires that each local government adopt
locally acceptable levels of service (LOS) for its various
public facilities and then provide for the capital
improvements necessary to maintain these adopted levels of
service. Levels of service adopted by local governments must
be reasonably attainable and financially feasible.
110
In addition to introducing the general concept of concurrency,
the Act compels local governments to comply with specific
requirements related to concurrency. The Act (Section
163.3202 (2)(g), Florida Statutes) prohibits local governments
from issuing "a development order or permit which results in
a reduction in the service for the affected public facilities
below the level of service provided in the Comprehensive Plan
of the local government". This section of the Act further
requires that this prohibition be implemented through local
land development regulations to be adopted no later than one
year after the date the local government was required to
submit its plan to the Florida Department of Community Affairs
for review. The plan submittal date for Indian River County
was September 1, 1989. The Act (Section 163.3177(3)(b),
Florida Statutes) also requires that the capital improvements
element of the Comprehensive Plan "shall be reviewed on an
annual basis and modified as necessary".
(3) Intent
The purpose of a Concurrency Management System is to provide
the necessary regulatory mechanism for evaluating development
orders to ensure that adequate public facilities are available
concurrent with development impacts, thereby fulfilling the
Legislature's intent regarding "concurrency". An additional
component of a Concurrency Management System is the
establishment of a framework for determining public facility
needs and providing a basis for meeting those needs through
capital improvements programming.
Through adoption of the Indian River County Comprehensive
Plan, the Board of County Commissioners exercised its
legislative authority by establishing acceptable level of
service standards for roads, potable water, sanitary sewer,
solid waste, drainage, and parks.
The Capital Improvements Program in the Capital Improvements
Element of the Comprehensive Plan identifies the schedule of
capital projects and funding mechanisms necessary to maintain
adequate public facilities at or above the adopted standards.
Additional policies and requirements for establishing an
effective framework for managing and directing development in
a manner consistent with the Florida Legislature's concept of
concurrency are contained in the Land Use, Traffic
Circulation, and Recreation and Open Space Elements of the
Comprehensive Plan.
The approval of all development orders shall be subject to the
availability of adequate levels of service for roads, potable
water, sanitary sewer, solid waste, drainage, and parks, based
on the level of service standards contained in the Capital
Improvements Element.
111
The primary intent of these Regulations is to provide Indian
River County with the tools to meet the statutory
requirements. The implementation of this Concurrency
Management System will serve as the principal mechanism for
ensuring that growth is managed in a manner consistent with
the provisions of the Comprehensive Plan and will serve as a
key monitoring device for measuring the effectiveness of the
Comprehensive Plan and the programming of capital
improvements.
Section 910.02 Certificate of Concurrency Determination
Certificate of Concurrency Determination means a Certificate of
Concurrency Compliance. Three types of concurrency determination
certificates are hereby established; these are: initial concurrency
determination, final concurrency determination, and conditional
concurrency determination. These concurrency determination
certificates will be issued only after review and approval of
concurrency determination applications. No development order will
be issued unless an applicant has a valid Certificate of
Concurrency Determination.
Section 910.03 No Taking or Abrogation of Vested Rights
(1) Nothing in the Indian River County Concurrency Management
System shall be construed or applied to result in a temporary
or permanent taking of private property without due process
of law and just compensation.
(2) Nothing contained herein shall be construed as affecting
validly existing vested rights. It shall be the duty and
responsibility of the person alleging vested rights to
demonstrate affirmatively the legal requisites of vested
rights. Rights shall vest based upon a determination by the
Board of County Commissioners that the person alleging vested
rights:
(3)
(a)
(b)
has relied in good faith to his detriment upon some act
or omission of the government; and
has made such a substantial change in position or
incurred such extensive obligations and expenses that it
would be highly inequitable and unjust to destroy the
rights he has acquired.
An applicant who is alleging vested rights and has been denied
a development order based upon Concurrency Management System
Regulations may, within fifteen (15) days of such denial, file
a petition for vested rights determination by the Board of
County Commissioners. Any petition for vested rights
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determination shall meet the criteria established in Section
910.12.
(4) The mere existence of zoning or any other development order
issued prior to the effective date of this Chapter shall not
be sufficient to vest rights.
(5) Nothing contained herein shall limit or modify the rights of
any person to complete any development that has been
authorized as a development of regional impact pursuant to
Chapter 380, Florida Statutes; nothing contained herein shall
limit or modify the rights of any person to complete any
development which has been issued a final local development
order prior to the effective date of this Chapter where the
development order remains active.
Section 910.04 Definitions
All terms defined in Chapter 901, Definitions, are applicable in
this chapter.
Section 910.05 Interpretation and Administration of the Indian
River County Concurrency Management System
(1) An applicant who has been denied a development order based
upon Concurrency Management System Regulations may, within
fifteen (15) days of such denial, file a petition for
additional review by the Board of County Commissioners. Any
appeal of a concurrency determination shall meet the criteria
established in Section 910.12.
Section 910.06 Establishment of Fee for Concurrency Review
The Board of County Commissioners shall by resolution establish a
fee for Concurrency determination reviews.
Section 910.07 Development Review System
(1) A valid certificate of concurrency determination must be
obtained prior to the approval of the following:
(a) Conceptual Development Order
These are development orders which change the potential
density and intensity of uses of land. Concurrency
review at this stage is a general concurrency review
which examines the available capacity of each facility
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with respect to the proposed project. Where the proposed
project is a non -PD (Planned Development) rezoning or
comprehensive plan amendment, the maximum number of units
for residential land uses based upon the proposed zoning
or land use designation, and the potential impact
equivalent to retail commercial usage of ten thousand
(10,000) square feet of gross floor area per acre for
commercial and industrial land uses will be used to
assess impact. For conceptual project approval, the
impact assessment will be based upon the development
parameters of the proposed project. No conceptual
development order will be issued unless the applicant has
a valid conditional, or initial concurrency determination
certificate. Conceptual development orders include:
1. Comprehensive Plan Land Use Amendments
2. Rezoning petitions
3. Conceptual project approvals
4. Preliminary plats
(b) Initial Development Order
These are development orders which constitute project
approval and allow for submission of building permit
applications or commencement of development in relation
to land development permits; however, initial development
orders do not authorize issuance of building permits for
construction or changes of use which require a new CO
(Certificate of Occupancy). No initial development order
will be issued unless the applicant has a valid initial
concurrency determination certificate. Initial
development orders include:
1. Site and Development Plans (including plans for
Developments of Regional Impact);
2. Planned Developments;
3. Land Development Permits; and
4. Changes in use that increase density or intensity
of development.
(c) Final Development Order
These are development orders which authorize construction
of a new building, expansion of an existing building,
increase in intensity of use, or change of use which
requires a new CO (Certificate of Occupancy). The final
development order will be issued as a building permit.
Concurrency determination at this stage for developments
having initial development orders is automatic if the
application meets the requirements of Section 910.08(1)
and if the applicant has a valid initial concurrency
determination. Any development order such as single-
family building permit which does not require an initial
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development order will not be issued until the applicant
acquires a final concurrency determination certificate.
(2) The following are exempted from concurrency review:
(a) Projects which have a vested rights determination
pursuant to Section 910.03;
(b) Existing non-residential buildings to be modified,
altered, or repaired unless the modification will
increase square footage and increase the intensity of
use. Where existing projects (residential or non-
residential) seek expansion which will increase the
number of dwelling units or square footage for non-
residential projects, only the net increase or expansion
shall be subject to concurrency review;
(c) Vested final subdivision plats to be modified unless
modification creates additional lots;
(d) Developments with a final development order proceeding
to completion; and
(e) Replacement of existing residential units unless there
is an increase in number of units.
(3)
The designation of a single agency for coordinating each level
of the concurrency determination review process is necessary
to ensure that every concurrency determination application is
reviewed in accordance with these regulations prior to the
issuance of a development order. The Community Development
Department shall be responsible for coordinating the review
of the development applications identified in Section
910.07(1) and for approving or rejecting concurrency
determinations. The Community Development Director shall
initiate the review process by review of an application for
completeness and data sufficiency within three (3) days of
receipt of the application. A copy of the complete
application will then be forwarded to the evaluating agencies.
Upon submission, each concurrency determination application
will be placed in a queue. Each application will then be
evaluated in the order in which it was received. As each
application is evaluated, the demand reflected by that
application will be compared to the available capacity for
each facility, as described in section 910.08, 910.09 and
910.11. As demand is allocated by approving applications,
available capacity will be reduced.
If in any facility insufficient capacity is available to
accommodate the proposed application, the following will
occur:
(a) If the applicant has indicated on his application that
he would accept less capacity than requested if available
capacity is inadequate to accommodate his demand, then
he will be allocated the remaining available capacity and
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the concurrency certificate will be conditioned on a
comparable reduction in project size.
(b) If the applicant has indicated on his application that
he would not accept less capacity than requested if
available capacity is inadequate to accommodate his
demand, then his application request will be denied.
(4) The following departments shall be responsible for evaluating
the adequacy of existing and planned facilities with regard
to concurrency determination applications:
(a) The Utilities Department shall evaluate solid waste
levels of service;
(b) The Public Works Department and Community Development
Department shall evaluate roadway levels of service;
(c) The Public Works Department shall evaluate drainage
levels of service;
(d) The Utilities Department shall evaluate potable water
levels of service;
(e) The Utilities Department shall evaluate sanitary sewer
levels of service; and
(f) The Community Development Department shall evaluate park
levels of service.
(5) The evaluating agencies, within fifteen (15) days of receipt
of the application from the Community Development Department,
shall provide the coordinating agency a letter or other
instrument for each concurrency determination application.
The evaluating agencies shall assess the level of service for
all facilities which will be impacted by the proposed
development, determine the extent of the impact generated by
the proposed development, and determine whether those
facilities have sufficient capacity to serve the development
at, or above, adopted levels of service.
The applicant shall meet all the requirements of the
evaluating agencies in order to be eligible for approval of
the concurrency determination application. No concurrency
determination will be approved until each evaluating agency
is satisfied that sufficient capacity is available to
accommodate the demand represented by the application. The
applicant through an enforceable development agreement with
the evaluating agency may mitigate deficiencies in order to
satisfy the concurrency review.
(6) The coordinating agency will be responsible for compiling the
level of service reviews into a concurrency report within
five (5) days after receipt of the evaluating agencies' report
for each concurrency determination application identified in
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(7)
Section 910.08(2), except for final concurrency determination
applications. Each concurrency report will document:
(a) the current land use and zoning designation, type and
intensity of proposed use, and public facility
availability upon which the reviews were based;
(b) the specific facilities impacted by the proposed
development;
(c) the extent of the impact on those facilities by the
proposed development; and
(d) conditions or stipulations regarding the timing and
phasing of the development or provision of facility
improvements necessary to ensure that adequate facilities
will be available concurrent with the impact of the
development.
For each concurrency determination application review, the
coordinating agency will be responsible for monitoring and
enforcing any conditions and/or stipulations contained in
previous concurrency determinations. This will be done in
order to ensure that consistent concurrency review procedures
are maintained and that unnecessary duplication as a result
of different concurrency determination reviews is avoided.
Section 910.08 Determination of Concurrency, Generally
(1) Consistent with the Comprehensive Plan policies, the approval
of development orders shall be contingent upon a finding that
adequate public facilities are available, consistent with
their adopted levels of service and concurrent with the impact
of the proposed development. Such determination of
concurrency made during the review of a concurrency
determination application which is not an initial or final
concurrency determination does not guarantee that there will
automatically be a finding of concurrency at subsequent steps
in the process for a given property or a proposed development.
However, a finding of concurrency made at the initial
concurrency determination stage may be used as a basis for a
finding of concurrency determination during the review of a
final concurrency determination application provided that:
(a) the previously approved concurrency determination remains
in effect, as determined by the time limit imposed upon
the concurrency determination certificate;
(b) the impact of the proposed development under
consideration was fully taken into account during the
concurrency review and in the finding of concurrency
associated with the previously approved concurrency
determination certificate;
(c) the conditions related to land uses and facility
availability upon which the previous finding was based
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have not changed due to an act of nature or other
situation out of the county's control; and
(d) all conditions or stipulations regarding the timing or
phasing of the development or the provision of facility
improvement by either the developer or the county imposed
on the previously approved development order have been
satisfied.
In order to ensure that the capacity of various public
facilities is available concurrent with the impact of the
proposed development, the review of all concurrency
determination applications shall be based upon the following
criteria:
(a) Conditional Concurrency Determination
A conditional concurrency certificate may be used to
satisfy the concurrency requirement for issuance of
conceptual development orders and conceptual approval of
initial development orders. A conditional concurrency
determination certificate may be issued for all or any
portion of a project being reviewed for conceptual
approval; this may include subsequent phases of a multi-
phase project. A conditional concurrency determination
certificate will indicate that the facilities and
services are available at the time of issuance of the
conditional concurrency determination certificate but may
not be available at the time of any subsequent
concurrency determination review. A finding of
concurrency resulting from the review at this stage shall
not be construed to guarantee the availability of
adequate facilities at the time of the initial or final
development order. Notice is given to the applicant in
the Conceptual Development Order to indicate that the
conditional concurrency determination does not constitute
a final concurrency determination and that one or more
concurrency determinations will subsequently be required.
The applicant shall apply for a conditional concurrency
determination certificate only in conjunction with a
development order application. At any time, the
applicant has the option to apply for an initial
concurrency determination and pay the applicable impact
fees in order to reserve capacity. Approval of an
initial concurrency determination for property which does
not have appropriate comprehensive plan land use
designation and zoning designation does not constitute
a vesting of rights. Having reserved capacity and an
approved concurrency determination certificate shall not
constitute grounds for approval of a rezoning petition
or comprehensive plan land use amendment.
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Prior to issuance of a conditional concurrency
determination certificate, the applicant shall sign an
agreement with the county indicating that the applicant
understands that the conditional concurrency
determination certificate does not guarantee the
availability of facilities at the time of the final
concurrency determination review. The county will not
reserve capacity and will not be liable if capacity is
not available in the later stages of the review process.
(b) Initial Concurrency Determination
An initial concurrency determination is a specific
concurrency determination for a given proposal and/or
project. All applications for an initial concurrency
determination will be subject to review according to the
provisions of Section 910.08, 910.09 and 910.11 of these
Regulations, absent a previous finding of concurrency
consistent with the provisions of Section 910.08(1).
Prior to approval of a certificate of initial concurrency
determination, the applicant must pay all impact fees
associated with the improvements allowed by the
certificate of concurrency determination. Concurrency
determination at this stage is valid for one year after
approval. This concurrency determination may be extended
to five (5) years if the applicant signs a waiver of
rights for the refund of traffic impact fees in exchange
for extension of the initial concurrency determination.
Applications for initial concurrency determination can
be made at any time; they do not have to be connected to
any specific project or project application.
Conditions pertaining to the phasing and timing of a
proposed development may be included in a finding of
concurrency for the development. Concurrency
determination for all phases of a development must meet
all the requirements of this chapter including timeframes
for validity of concurrency determination.
Any initial development order, including a phased project
approved before the effective date of this chapter, is
considered to have a concurrency determination for one
year after approval of this chapter. Subsequent phases
of the project are subject to concurrency determination
review after September 1, 1991.
(c) Final Concurrency Determination
A, final concurrency certificate must be obtained prior
to approval of a final development order. No final
concurrency certificate application will be accepted for
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a project requiring a traffic impact analysis or traffic
impact statement unless an initial concurrency
certificate has been obtained.
1. In order to obtain a final development order, the
applicant must have a valid concurrency
determination certificate. When an application for
a final concurrency determination is submitted while
the initial concurrency determination certificate
is valid, the capacity will have been reserved and
the issuance of the final concurrency determination
certificate is automatic. After expiration of the
initial concurrency determination certificate, the
applicant must reapply for an initial concurrency
determination certificate or fora final concurrency
determination certificate. If the amount of the
traffic impact fee liability associated with the
improvements represented by the initial concurrency
determination certificate increases before the final
concurrency determination certificate is issued, the
applicant must pay the additional increment. A
final concurrency determination is valid for six (6)
months from approval. While the final concurrency
determination certificate is valid, the applicant
must obtain a building permit. The final
concurrency determination certificate then will be
valid as long as the building permit is active.
2. Building permit applications for single-family
residences shall be reviewed based on the
requirement that fully adequate facilities be
available consistent with the adopted level of
service standards and requirements established in
the Comprehensive Plan. For concurrency
determination review for single-family residential
permits and minor site plan approvals, some
geographical areas of the county may be pre -
approved for a specific timeframe for specific
facilities or services. The concurrency
determination certificate for a single-family
residence will be issued in ten (10) working days.
Section 910.09 Determination of Concurrency, Components
Concurrency management consists of six (6) separate components.
In order for a concurrency determination application to be approved
and a certificate of concurrency determination to be issued, the
concurrency review for the subject application must indicate that
there is sufficient available capacity in the system for each
component of the concurrency management system to maintain the
level of service established in the Comprehensive Plan. The six
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components of the concurrency management system are Traffic
Circulation, Potable Water, Sanitary Sewer, Solid Waste, Drainage,
and Park and Recreation. If the review of an individual
concurrency determination application indicates that the increased
demand attributable to the application would decrease the Level of
Service to an unacceptable level for any component, the concurrency
determination certificate will not be issued. The Concurrency
Management System will consist of a data base which will have
updated information regarding supply and demand for each facility
within each component of the system.
(1) Sanitary Sewer and Potable Water
Two types of sanitary sewer and potable water concurrency
determinations are hereby established. These are: onsite and
centralized. Each concurrency determination application shall
be reviewed pursuant to the standards of Chapter 918, Sanitary
Sewer and Potable Water Regulations, to determine if the
application is subject to connection to a centralized water
and sewer system or if on-site facilities may be utilized.
For those applications requiring connection to a centralized
system based upon the regulations of Chapter 918, concurrency
determinations shall meet the criteria of (a) through (d)
below. For applications which may utilize on-site facilities
based upon Chapter 918, concurrency determinations shall be
based upon meeting those requirements established by the
Indian River County Department of Environmental Health for on-
site facilities.
(a) Sanitary Sewer and Potable Water Supply
The Sanitary Sewer and Potable Water portion of the
Concurrency Management data base will consist of updated
information regarding supply and demand for each sanitary
sewer or potable water facility. The resulting balance
(supply -demand) will constitute the available capacity
for each facility. No concurrency determination
certificate will be issued when the available capacity
is less than demand projected to be generated by a
proposed application.
For purposes of evaluating concurrency determination
applications, the supply (capacity of a facility) shall
be determined by adding together:
1. the total existing capacity of the facility:
a. design capacity of the sanitary sewer treatment
plant measured by gallons per day for sanitary
sewer facilities;
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b. design capacity of the potable water plant
measured by gallons per day for potable water
facilities; and
2. the total capacity of proposed improvements to the
facility or the total capacity of proposed
facilities, if any, that will become available
within the service area. The capacity of proposed
facilities may be counted if one or more of the
following is demonstrated:
a. construction of the new facilities is underway
at the time the application for the concurrency
determination is being evaluated;
b. the new facilities are the subject of a binding
executed contract for the construction of the
facilities or the provision of services at the
time the application •for the concurrency
determination is being evaluated;
c. the new facilities have been included in the
adopted Indian River County Capital Budget for
the fiscal year in effect at the time the
application for the concurrency determination
is being evaluated;
d. the new facilities are guaranteed in an
enforceable development agreement for the
development under consideration. An
enforceable development agreement may include,
but is not limited to, development agreements
pursuant to Section 163.3220 et seq., Florida
Statutes. Such facilities shall be consistent
with the Capital Improvements Element of the
Indian River County Comprehensive Plan, as it
may be amended from time to time; or
e. the new facilities are guaranteed in an
enforceable development agreement for a
development different than the one under
consideration, provided that the new facilities
are the subject of a binding executed contract
for construction with a start date during the
fiscal year in effect at the time the
application for the concurrency determination
is being evaluated.
(b) Sanitary Sewer and Potable Water Demand
The demand on a facility shall be determined by adding
together:
1. the demand for the services or facilities created
by existing development (existing flows);
2. the projected demand for the services or facilities
created by the anticipated completion of other
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approved developments for which initial or final
concurrency determination certificates have been
approved and the projected demand anticipated by
completion of other vested development projects; and
3. the projected demand for the services or facilities
created by the anticipated completion of the
proposed development under consideration for initial
or final concurrency determination.
(c) Sanitary Sewer and Potable Water Available Capacity
Available capacity for each facility is the resulting
balance of supply minus demand not including demand for
the application under consideration.
(d) Sanitary Sewer and Potable Water Facility Monitoring
To effectively implement the concurrency requirement, it
is necessary that the evaluating agency maintain an
estimate of available capacity for each public facility
subject to level -of -service requirements. By maintaining
an accurate and current available capacity estimate for
each facility, projected demand from concurrency
determination applications can be compared to the
available capacity for the facility to determine if the
project can be approved. The purpose of the monitoring
program is to maintain a current estimate of available
capacity for each facility.
In order to ensure the maintenance of the Level of
Service established in the Comprehensive Plan, the
following criteria have been established in the
Comprehensive Plan:
1. Design for additional capacity for regional
facilities shall begin when the current operational
demand on a facility is at 50% of the plant's
designed capacity.
2. Construction of additional capacity shall begin when
the current operational demand on a facility is at
65% of the plant's designed capacity.
3. The Utilities Department shall prepare annual
summaries of capacity and demand information for
each facility within the county service area.
4. As part of the concurrency management system, the
Utilities Department shall identify existing flows
for each water and sewer treatment plant on a
quarterly basis.
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5. To account for reserved capacity (reserved ERU's)
and not impose undue requirements on the facilities
which are operating below their design capacity, the
following requirement shall be met; when total sold
capacity (existing ERU's connected plus reserved
ERU's) reaches 100% of the designed capacity of the
plant, the county must apply for an expansion permit
regardless of the existing operating demand.
(2) Solid Waste
(a) Solid Waste Available Capacity
Due to the fact that there is only one landfill which
serves the entire county, monitoring of the available
facility capacity for solid waste is less complicated
than other components of the concurrency management
systems. The entire county has been pre -approved until
the year 1993, unless conditions change based on the
reports required in Section 910.09(2)(b) 4 and 5 of this
regulation. To satisfy the Solid Waste Concurrency
Management requirement, the Utilities Department shall
issue a statement of no impact before the Community
Development Department issues any initial or final
concurrency determination certificate.
(b) Solid Waste Facility Monitoring
With regard to the following expansion criteria
established in the Comprehensive Plan, the concurrency
management system for solid waste will monitor the
capacity of the landfill by ensuring sufficient capacity
in the active segment of the landfill.
1. Design for additional burial segments of the
landfill shall be completed before the active
segment of the landfill is at 70% of its capacity.
2. Construction of additional burial segments shall
begin when the active segment is at 75% of its
capacity.
3. If the active segment is at 90% of its capacity and
the new segment is not ready, additional development
shall not be permitted.
4. The Solid Waste Disposal District shall prepare
annual summaries of demand and capacity information
for the active segment of the landfill.
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5. As part of the concurrency management system, the
solid waste disposal district shall provide
quarterly estimates of the volume of the active
segment of the landfill which has been used and
remaining available capacity.
(3) Recreation
(a) Recreation Supply
Recreation supply can be determined by adding together:
1. The total park acreage of existing parks by type by
park district;
2. The total park acreage of proposed parks by type by
park district if:
a. facility expansion is the subject of a binding
executed contract providing for commencement
of construction or property acquisition within
one year; or
b. facility expansion or property acquisition is
guaranteed in an enforceable development
agreement providing for facility
expansion/property acquisition within one year.
(b) Recreation Demand
Recreation demand is calculated for residential
development only. Recreation demand for each park type
in each park district shall be determined by adding
together:
1. The demand for each park type in the applicable park
district created by existing development. This is
calculated by multiplying the existing population
by the level of service standards established for
each park type;
2. The projected demand for each park type in the
applicable park district created by the anticipated
completion of other approved developments for which
initial or final concurrency determinations have
been approved and the projected demand anticipated
by completion of other vested development projects;
and
3. The projected demand for each park type in the
applicable park district created by the anticipated
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completion of the proposed development under
consideration for initial or final concurrency
determination. This shall be calculated by applying
the proposed development's projected population
(determined by multiplying a person per household
factor of 2.2 for multi -family or mobile home units
and 2.4 for single-family units to the number of
units proposed for the project) to the level of
service standards established for each park type.
(c) Recreation Available Facility
Available capacity for each park type in the applicable
park district is the resulting balance of supply minus
demand for each park type not including demand for the
application under consideration.
(d) Recreation Monitoring
To effectively implement the concurrency requirement, it
is necessary to maintain an estimate of available
capacity for each park type in each park district subject
to level of service standard requirements. By
maintaining an accurate and current available capacity
estimate for each facility, projected demand from
concurrency determination applications can be compared
to the available capacity for each park in the applicable
park district to determine if the project can be
approved. The purpose of the monitoring program is to
maintain a current estimate of available capacity for
each park type in each park district.
(4) Transportation
(a) Transportation Supply (Capacity)
Transportation supply must be determined on a segment by
segment basis. For concurrency purposes, all segments
on the county's thoroughfare plan must be considered.
Capacity for segments will be based either on FDOT's
generalized capacity tables or individual segment
capacity studies approved by the Public Works Director
pursuant to the criteria specified in chapter 952,
traffic. Transportation supply for each segment is:
1. the segment's existing peak hour, peak season, peak
direction capacity, or
2. the segment's new roadway capacity if facility
expansion for the segment is proposed and if:
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a. facility expansion meets any of the criteria
referenced in Section 910.09(1)(a)2. and
910.08(9)(a)2.; or
b. facility expansion is included in the county's
Five -Year Schedule of Capital Improvements; and
(i) the facility is within the urban service
area;
(ii) the facility has an estimated date for
construction to begin and be completed;
(iii)the facility is scheduled to start
construction by the third year of the
Five -Year Schedule of Capital
Improvements; and
(iv) a delay in construction of the facility
will require a comprehensive plan
amendment.
(v) the capital improvements element and the
Five -Year Schedule of Capital Improvements
are financially feasible;
(vi) the Five -Year Schedule of Capital
Improvements will maintain adopted level
of service standards, will serve new
development and will eliminate existing
deficiencies as prioritized;
(vii)a realistic, financially feasible funding
system based on currently available
revenue sources is used;
(viii)development regulations that ensure the
issuance of development orders and permits
only when facilities and services will be
available to accommodate development is
adopted;
(ix) a monitoring system capable of determining
whether the adopted level of service
standards are met and the schedule of
capital improvements is followed is
adopted; and
(x) areas where public facilities and services
will be provided with public funds are
designated.
(b) Transportation Demand
The demand for each segment shall be determined by adding
together:
1. the existing peak season, peak hour, peak direction
volume for the segment;
2. the projected peak season, peak hour, peak direction
volume for the segment created by the anticipated
completion of other approved developments for which
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initial or final concurrency determination
certificates have been approved and the projected
demand anticipated by completion of other vested
development projects; and
3. the projected peak season, peak hour, peak direction
volume for the segment (if the segment is expected
to receive 5 percent or more of project trips)
created by the anticipated completion of the
proposed development under consideration for initial
or final concurrency determination. For final
concurrency determinations for single-family
dwelling units, affected segments will be limited
to the most directly accessed segment.
(c) Transportation Available Capacity
Available capacity for each segment is the resulting
balance of supply minus demand not including demand for
the application under consideration.
(d) Transportation Monitoring
The purpose of the monitoring program is to maintain a
current estimate of available capacity on each segment.
The Public Works Department and the Community Development
Department will compile and maintain capacity information
for each segment. This information, as a minimum, must
include the existing level of service for each segment,
the existing peak hour, peak season, peak direction
traffic volume on each segment, he committed capacity
for each segment, the existing available capacity for
each segment, available rights-of-way, and improvements
designated in the Five (5) -Year Capital Improvements
Program. The Community Development Department will
assign project trips for concurrency applications to each
segment based on the following criteria:
1. cumulative effect of all single-family permits on
a quarterly basis;
2. staff's trip assignment for a project generating an
average of one hundred 100 trip ends or less per
day;
3. trip assignment for a project generating more than
one hundred 100 average trip ends per day based on
a Traffic Impact Statement or Traffic Impact
Analysis and trip assignment approved by the Public
Works Department.
For each concurrency application, project trips will be
entered into the concurrency data base manually for each
segment. For projects other than single-family units,
trips will be tracked on all segments where project
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traffic on the segment equals or exceeds 5 percent of
total project traffic. For single-family only the most
directly accessed segment will be considered. On each
segment the number of trips projected to be
generated/attracted by an application being reviewed for
a concurrency determination will be compared to the
available capacity. If the available capacity is more
than the projected demand, a concurrency determination
certificate will be issued. If there is not sufficient
capacity available, the applicant has the option to
mitigate for additional capacity. No concurrency
determination certificate will be issued if the demand
exceeds available supply.
In addition to the manually updated computerized
concurrency database, the Community Development
Department will maintain an updated socio-economic
database by traffic analysis zone. This database will
be updated automatically with approval of concurrency
certificates, building permits, certificates of occupancy
and other project approvals. This database shall
constitute the vested alternative database. Using the
vested alternative database and the existing conditions
database, the staff will on a regular basis, but not less
than once each six months, run the FSUTMS model. For
each segment on the network, a new existing plus vested
volume will be obtained by taking the difference between
the vested run and the existing run and adding that
differential to the last counted volume for the segment.
(5) Drainage
(a) Drainage Supply (capacity)
The drainage portion of the Concurrency Management data
base will provide updated information regarding supply
and demand for drainage facilities in each drainage basin
or sub -basin as identified in the Drainage Sub -Element
in the 1990 Comprehensive Plan. The resulting balance
(supply -demand) will justify issuing a positive
concurrency determination if the drainage system can
adequately perform to the adopted level of service (both
quality and quantity) and if the level of service for the
drainage basin or sub -basin can be maintained or
bettered. The resulting balance (supply -demand) will
justify denying the concurrency determination application
if the demand exceeds supply (both quality and quantity)
or if the result is to lower the level of service below
the acceptable standards for the drainage basin. For the
purpose of evaluating concurrency applications which are
considered to be initial or final concurrency
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determinations, the capacity of each drainage basin or
sub -basin will constitute drainage supply. The capacity
of each basin or sub -basin will be determined by analysis
of the basin's drainage facilities including structures,
open channels and swales, which serve the basin. The
basin's capacity will be expressed as a maximum discharge
rate per acre throughout the basin or sub -basin. For
each basin or sub -basin, the capacity shall be:
1. The maximum discharge rate per acre throughout the
basin or sub -basin; or
2. The new maximum discharge rate per acre throughout
the basin or sub -basin, if new drainage facilities
or drainage facility improvements are proposed
within the basin or sub -basin. Proposed new
drainage facilities or drainage facility
improvements shall be considered in determining a
new maximum discharge rate only if one or more of
the following is demonstrated:
a. construction of the new facilities is underway
at the time the application for the concurrency
determination is being evaluated;
b. the new facilities are the subject of a binding
executed contract for the construction of the
facilities or the provision or services at the
time the application for the concurrency
determination is being evaluated;
c. the new facilities have been included in the
adopted Indian River County Capital Budget for
the fiscal year in effect at the time the
application for the concurrency determination
is being evaluated;
d. the new facilities are guaranteed in an
enforceable development agreement for the
concurrency determination application under
consideration. An enforceable development
agreement may include, but is not limited to,
development agreements pursuant to Section
163.3220 et seq., Florida Statutes. Such
facilities shall be consistent with the Capital
Improvements Element of the Indian River County
Comprehensive Plan, as it may be amended from
time to time; or
e. the new facilities are guaranteed in an
enforceable development agreement for a
development different than the one under
consideration, provided that the new facilities
are the subject of a binding executed contract
for the construction of the facilities with a
construction start date during the fiscal year
in effect at the time the application for the
concurrency determination is being evaluated.
(b) Drainage Facility Demand
The drainage facility demand for a basin or sub -basin is
the volume of stormwater discharged from all sites in the
basin or sub -basin during the design storm event. The
drainage demand will be considered in the analysis of
each basin or sub -basin and reflected in the basin or
sub -basin's maximum discharge rate.
For concurrency purposes, a project's demand will be the
proposed discharge rate of stormwater leaving the site
during the design storm event.
(c) Drainage Facility Available Capacity
Available capacity for each basin or sub -basin is the
maximum discharge rate per acre adopted by the
appropriate adopting authority having jurisdiction over
the basins or sub -basins for the respective basins or
sub -basins. For those basins or sub -basins where no
maximum discharge rate has been established, available
capacity will be equal to the pre-existing discharge rate
for the design storm. In these cases, a positive
concurrency determination may be issued where a project
proposes no off-site stormwater discharge during the
design storm event or where the project proposes a
discharge rate equal to or less than the pre-existing
discharge rate and a. discharge of no more than the
existing volume of stormwater runoff for the design storm
event.
(d) Drainage Facility Monitoring
The purpose of the monitoring program is to maintain a
current estimate of available capacity for each drainage
basin and sub -basin. The Public Works Department will
collect facility capacity information for each drainage
basin and sub -basin. This information, as a minimum,
must include the design capacity of the primary and
secondary drainage canals, common retention/detention
volume in acre-feet, and adopted maximum discharge rate
for each basin. The Public Works Department will review
each project to ensure that offsite discharge does not
exceed the maximum discharge rate adopted for each basin.
If the maximum discharge rate is not adopted, the post
development runoff shall not exceed pre -development
runoff.
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In order to ensure the maintenance of the Level -of -
Service established in the Comprehensive Plan, the
following criteria have been established:
1. Design for additional capacity for primary existing
county maintained facilities shall begin when the
current operational demand on the facility is at
75% of its original designed capacity, or no
discharge to the facility beyond the predevelopment
discharge rate from the proposed development can be
permitted, based upon the design storm. If it is
not permissible or feasible to enlarge primary
outfall capacity, a controlled discharge rate will
be applied so that the discharge capacity of each
outfall is not exceeded.
2. Construction of additional capacity shall begin when
the current operational demand on a facility is at
80% of its design capacity, where applicable.
3. The Public Works Department shall prepare annual
summaries of capacity and demand information for
each county facility within the county service area.
For Drainage District facilities, the discharge
rates adopted by each Drainage District shall be
used.
4. As part of the concurrency management system, the
Public Works Department shall identify the available
capacity of drainage facilities on a yearly basis.
(6) Data Requirements
(a) Applicant Submissions
1. All applications for conceptual or initial
concurrency determination shall be submitted on a
form provided by the Community Development
Department and shall include sufficient information
for the staff to determine whether the impact of
such development is consistent with these
concurrency evaluation criteria. Such information
shall include, but not be limited to:
a. identification of the total number and type of
dwelling units for residential development
applications;
b. identification of type and intensity of
nonresidential use, where appropriate, at a
level of detail consistent with the type of
development application;
c. location of the proposed development and
identification of facilities impacted by
development pursuant to the provisions of
Section 910.11 of these Regulations;
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d. identification of project phasing, where
applicable;
e. traffic impact analysis, or traffic impact
statement if required;
f. copy of proposed or executed developer's
agreement to provide additional capacity for
a facility, if applicable;
g. statement from applicant indicating whether a
concurrency certificate will be accepted for
less density or intensity than requested, if
insufficient capacity is available; and
h. other documents and information as required by
the evaluating or coordinating agencies.
2. All applications for final concurrency determination
shall be submitted on a form provided by the
Community Development Department and shall include
a copy of a valid initial concurrency determination
certificate. Final concurrency determination
applications for single-family residential units
shall not be required to submit evidence of a valid
initial concurrency certificate. Pursuant to
Section 910.08(1) if all conditions pertaining to
the approval of the initial concurrency
determination certificate remain the same, issuance
of a final concurrency determination will be
automatic.
(b) Concurrency Data Base
1. The county shall develop and maintain an inventory
of existing land uses and projected land uses, based
upon concurrency determination certificate
approvals, in order to monitor the impact of
concurrency determination certificate approvals on
the availability of public facilities. These data
will be updated regularly and will be designed to
provide incremental data pertaining to existing,
approved, and planned development. The concurrency
data base will provide the following information:
a. Existing supply for each facility or service;
b. Committed supply for each facility or service;
c. Existing demand by facility or service;
d. Committed demand by facility or service;
e. Duration of time for which a capacity is
committed; and
When a project receives a certificate of occupancy,
the committed demand will change to existing demand.
2. The Planning Division will be responsible for
developing the County's Concurrency Data Base. The
Concurrency Data Base shall be designed to function
as a component of a unified data base designed to
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Section 910.10
provide support to appropriate county departments
engaged in concurrency determination and permit
review and monitoring, and in the planning and/or
provision of public facilities.
Level of Service Standards Established in the
Comprehensive Plan
In this section the various level of service standards established
in the comprehensive plan are identified.
(1) Drainage:
(a) The county hereby adopts the following level -of -service
standard for all new drainage systems within the
unincorporated county: New development requiring major
site plan approval or subdivision platting shall
construct a complete drainage system to mitigate the
impacts of a 25 year/24 hour design rainfall event using
the Soil Conservation Service type 2 modified rainfall
curves. Post development runoff shall not exceed pre -
development runoff unless a maximum discharge rate has
been adopted for the applicable drainage basin and the
discharge does not exceed that rate. If a maximum
discharge rate has not been adopted for the applicable
basin, post development discharge may not exceed pre -
development discharge.
(b) All new roads constructed in Indian River County after
September, 1990, shall meet the following design
criteria:
Local Road Protection Level of Service
3 year storm/24 hour duration - no flood
encroachment outside existing easement and
right-of-way limits;
10 year storm/24 hour duration - limited encroachment of
stormwater in front and rear yards;
25 year storm/24 hour duration - greater encroachment of
stormwater in front and rear yards with
no minor street flooding (2" maximum);
100 year storm/3 day duration - some street flooding, but
no flooding of existing or proposed
residences.
(c) By 2010, all existing roadways in the county shall be
improved to meet the following level -of -service standard:
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1. Minimum road crown elevation for existing roads
shall be raised during resurfacing/rebuilding to the
flood elevation resulting from the 2 year/24 hour
storm event on local streets.
2. The center two lanes of rebuilt roads must be at or
above flood levels resulting from a 10 year/24 hour
storm event on Arterial and Collector roads.
(d) All drainage basins will meet the following level of
service standards:
By 1995 2-Year/24 Hour Storm Event
By 2000 5-Year/24 Hour Storm Event
By 2010 10-Year/24 Hour Storm Event
(e) The county hereby adopts the following water quality
level -of -service standard; as a minimum, retention of the
first 1" of rainfall is required prior to offsite
discharge. An additional 50% treatment is required for
all direct discharge into the Indian River Lagoon due to
its designation as an outstanding Florida water, as
required by Ch. 17-25.025 (9), F.A.C.
(f)
All new buildings shall have the lowest habitable
floor elevation no lower than the elevation of the
100 -year flood elevation as shown on the Federal
Emergency Management Agency (FEMA) or as defined in
a more detailed study report.
(2) Potable Water:
The level of service standards for the county's potable water
facilities of 250 gallons per day (GPD) per equivalent
residential unit (ERU), based on county Ordinance No. 84-18,
are hereby adopted and shall be utilized for determining the
availability of facility capacity and the demand generated by
a development. Wellfield capacity, storage capacity and
delivery pressure shall be based on the following:
- Wellfield capacity shall be the average daily use plus
the largest well being out of service
Storage tank capacity shall be at least 1/2 of the
average daily consumption volume
- High service pump capacity shall at least be equal to the
maximum daily demand
- Pressures of the high service pumps for the county plants
shall be a minimum of 40 PSI delivery pressures
- At fire flow conditions the system shall be able to
provide delivery pressures of 20 PSI
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(3)
Water quality shall at least meet EPA and State of
Florida safe drinking water requirements.
Solid Waste:
The following level of service standards are hereby adopted
for solid waste facilities in the county, and shall be used
as the basis for determining the availability of facility
capacity and the demand generated by a development:
Service Area
County -wide
(4) Sanitary Sewer:
Average Solid Waste Generation Rate
6.5 pound per capita per day
or
2.37 cubic yards per capita per year
The level of service standards for the county's sanitary sewer
facilities of 250 gallons per day (GPD) per equivalent
residential unit (ERU), based on county ordinance 84-18, with
a peak monthly flow factor of 1.25 are hereby adopted and
shall be utilized for determining the availability of facility
capacity and the demand generated by a development.
(5) Recreation & Open Space:
The county hereby adopts recreation levels -of -service as
follows:
(a) Urban district parks, specialty parks (beach), and
specialty parks (river) are considered countywide parks.
The following levels -of -service are applicable county-
wide.
Park Type Acres per 1000 Population
Urban District 5
Specialty (beach) 1.5
Specialty (river) 1.5
(b) Community park levels -of -service are hereby set
separately for the north and south districts. For the
south district, two levels -of -service are set, one for
the period from 1989 to 1995 and the other from 1996-
2010.
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District Park Type Acres per 1000 Population
North Community 3
South Community 1.25 (1989-1995)
South Community 3 (1996-2010)
(6) Traffic Circulation:
The county hereby adopts traffic circulation level of service
standards. These standards are as follows. Level of service
"C" shall be maintained for rural principal arterials and
rural freeways during peak hour, peak season, peak direction
conditions. During peak hour, peak season, peak direction
conditions, level of service "D" or better shall be maintained
on all other freeway, arterial and collector roadways.
Section 910.11 Determination of Concurrency, Specifically
(1) Transportation
(a) Proposed developments seeking the issuance of a
concurrency determination certificate shall be evaluated
by the Public Works Department and Community Development
department in terms of potential development generated
traffic impacts on those segments serving said
development. A determination shall be made as to whether
or not sufficient service volume is available to support
said development at or above the adopted level of service
for the impacted segments. Such a determination shall
be made through the utilization of the following
information produced by the Indian River County Public
Works Department and Community Development Department:
1. An inventory of all arterial and collector roads,
including, at a minimum, the following data for each
segment on each road:
a. existing peak hour, peak season, peak direction
(design hour) volume based upon traffic counts
or assumed volumes, the existing level of
service designation, existing service volume
reserve, and available capacity based upon the
segment's adopted level of service;
b. additional capacity to be added through the
construction/implementation of roadway
improvements for which a funding commitment has
been included in the County Capital Budget, or
which are guaranteed in an enforceable
development agreement which satisfies the
requirements of Section 910.09(4)(a) 1 and 2;
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c. traffic volume projected to be added by
approved development having an initial or final
concurrency determination certificate or vested
pursuant to the terms of this chapter.
2. A trip distribution table which will be used to
identify those segments which can be expected to
receive at least 5% of the average daily traffic
generated by development under consideration.
3. Information regarding the proposed application for
which issuance of a concurrency determination
certificate has been requested shall be provided by
the applicant, subject to verification by the Public
Works Department and Community Development
Department, and shall contain at a minimum:
a. project location;
b. type and quantity of proposed land use(s),
including but not limited to number of dwelling
units, and square footage for non-residential
uses;
c. project phasing; and
d. Traffic Impact Analysis (TIA) or Traffic Impact
Statement (TIS), as required by Chapter 952,
Traffic.
(b) Concurrency Analysis
The Public Works Department and Community Development
Department shall be the agencies responsible for
determining whether adequate service volume is available
to support expected development generated traffic from
a given proposed development such that a finding of
concurrency may be rendered. Using the information
inventoried pursuant to Section 910.11(1)(a) above,
expected development generated traffic shall be assigned
to those roadway segments identified as receiving at
least 5% of the average daily traffic generated by the
development under consideration pursuant to Section
910.11(1)(a)2. above. The Community Development
Department will review all traffic concurrency
determination applications for single family residences
and minor site plans. Single-family unit applications
will be evaluated only for the most directly accessed
segment. The cumulative effect of all trips generated
by single family permits will be assigned to roadway
links on a quarterly basis. Community Development
Department staff will assign trips to segments for all
projects generating less than one hundred 100 average
trip ends per day as a concurrency determination
certificate is issued.
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For larger projects generating one hundred 100 or more
average trip ends per day, the applicant shall submit a
Traffic Impact Analysis (TIA) or Traffic Impact Statement
(TIS). Based on this TIA or TIS, the Public Works
Department will assign trips to roadway segments. The
Community Development staff will update the data base as
a concurrency determination certificate is issued.
If the data requirements described in section
910.11(1)(a)1. through 910.11(1)(a)3. are not available
in their entirety at the time the concurrency
determination application is being considered, the
required data may be provided by the applicant subject
to verification by the County Public Works Department and
Community Development Department.
In the event that development generated traffic assigned
to one or more of the roadway segments exceeds the
available service volume reserve, the report issued by
the County Public Works Department and Community
Development Department to the coordinating agency shall
identify the specific circumstances surrounding each
occurrence. In such a case the concurrency determination
certificate shall be denied.
(2) Potable Water
(a) Concurrency determination applications shall be analyzed
by the Utilities Department to determine the availability
of adequate capacity using the following:
1. An inventory of all central water systems serving
the unincorporated areas of Indian River County, the
City of Sebastian, and the Town of Orchid, which
includes, at a minimum, the following data for each
system:
a. system capacity;
b. capacity of wellfield, or other source of raw
water supply;
c. historical average flow of potable water;
d. historical peak flow of potable water;
e. number of hook-ups, in terms of equivalent
residential units; and
f. number of hook-ups, in terms of equivalent
residential units, for all reserved ERUs.
2. Project data pertaining to the concurrency
determination application under consideration shall
be provided by the applicant, subject to
verification by the County Utilities Department, and
shall at a minimum, contain the following:
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a. the specific location of the project, including
the identification of the entity expected to
provide service to the project;
b. the proposed land uses and land use
intensities, in terms of equivalent residential
units;
c. total potable water demand and peak demand
expected to be generated by proposed project;
and
d. project phasing information, if applicable.
3. If the proposed service provider is other than the
Indian River County Utility System, documentation
will be required from the provider that the project
is within its service area and that the Potable
Water Facility has the capacity to serve the project
as proposed. If the ability of a provider to serve
a proposed project is contingent upon planned
facility expansion, details regarding such planned
improvements shall also be submitted.
4. Prior to the issuance of an initial or final
concurrency determination certificate by the county,
the applicant may be required to provide evidence
of a contract with the service provider, indicating
the provider's commitment and ability to serve the
proposed project.
5. Private wells and private potable water plants are
allowed according to the requirements of the
Chapter 918, Sanitary Sewer and Potable Water
Regulations.
(b) Concurrency Analysis
Using the data supplied under Section 910.11(2)(a) above,
the county Utilities Department shall evaluate the
impacts of the concurrency determination application to
determine whether adequate capacity is available, or will
be available concurrent with the impacts of the
development. In the event that the data described in
Section 910.11(2)(a)1. above are not available in their
entirety, the required data may be provided by the
applicant subject to verification by the County Utilities
Department. In the case that development generated
demand exceeds the available capacity, the concurrency
determination certificate shall be denied.
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(3) Sanitary Sewer
(a) Concurrency determination applications shall be analyzed
by the Utilities Department to determine the availability
of adequate capacity using the following:
1. An inventory of all regional sanitary sewerage
systems serving the unincorporated area of Indian
River County, the City of Sebastian, and the Town
of Orchid, which includes, at a minimum, the
following data for each system:
a. system capacity;
b. historical average daily flow of treated
sewage;
c. historical peak flow of treated sewage;
d. number of hook-ups, in terms of equivalent
residential units; and
e. number of hook-ups, in terms of equivalent
residential units, for all reserved ERUs.
2. Project data pertaining to the concurrency
determination application under consideration shall
be provided by the applicant, subject to
verification by the county Utilities Department, and
shall, at a minimum, contain the following:
a. the specific location of the project, including
the identification of the entity expected to
provide service to the project;
b. the proposed land uses and land use
intensities, in terms of equivalent residential
units;
c. total sewage treatment demand and peak demands
expected to be generated by proposed projects;
d. project phasing information, if applicable.
3. If the proposed service provider is other than the
Indian River County Utility System, documentation
will be required from the provider that the project
is within its service area and that the Sanitary
Sewer Plant has the capacity to serve the project
as proposed. If the ability of a provider to serve
a proposed project is contingent upon planned
facility expansion, details regarding such planned
improvements shall also be submitted.
4. Prior to the issuance of an initial or final
concurrency determination certificate by the county,
the applicant may be required to provide evidence
of a contract with the service provider indicating
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the provider's commitment and ability to serve the
proposed project.
5. Septic tanks and private package treatment plants
are allowed according to the requirements of the
Chapter 918, Sanitary Sewer and Potable Water
Regulations.
(b) Concurrency Analysis
Using the data supplied under Section 910.11(3)(a) above,
the county Utilities Department shall evaluate the
impacts of the concurrency determination application to
determine whether adequate capacity is available, or will
be available concurrent with the impacts of the
development. In the event that the information described
in Section 911.11(3)(a)1. above is not available in its
entirety, the required data may be provided by the
applicant subject to verification by the County Utilities
Department. In the case that development generated
demand exceeds the available capacity, the concurrency
determination certificate shall be denied.
(4) Parks
(a) Requirements set forth in this section related to the
determination of adequate parks and recreational facility
capacity shall only apply to concurrency determinations,
or those portions of concurrency determinations, which
pertain to residential development.
(b) Concurrency determination applications shall be analyzed
by the Community Development Department to determine the
availability of adequate capacity using the following:
1. An inventory of all parks and recreational
facilities, including undeveloped park land, owned
by Indian River County including, at a minimum, the
following data for each facility:
a. type of facility (e.g. Regional, Community,
Neighborhood or Special Park);
b. acreage by type of facility;
c. inventory of available recreation activities;
d. accessibility and/or development status.
2. Project data pertaining to the concurrency
determination application under consideration shall
be provided by the applicant, subject to
verification by the County Community Development
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Department, and shall, at a minimum, contain the
following:
a. the specific location of the project;
b. the total number of residential dwelling units
proposed, by type;
c. the total estimated residential population of
the proposed development, derived by applying
a person's per household factor of 2.2 for
multi -family or mobile home units and 2.4 for
single-family units to the number of units
projected for the proposed development;
d. the total park demand for each park type,
derived by applying the projected population
of the proposed development by the level of
service standard for each park type; and
e. project phasing information, if applicable.
(c) Concurrency Analysis
Using the data supplied under Section 911.11(4) (b) above,
the County Community Development Department shall
evaluate the impacts of the concurrency determination
application to determine whether adequate parks capacity
is available, or will be available concurrent with the
impacts of the development. In the event that the
information described in Section 910.11(4)(b)1. above is
not available in its entirety, the required data may be
provided by the applicant subject to verification by the
Community Development Department. For purposes of this
analysis, the acreage of a park will be included only if
sufficient development of recreation facilities has
occurred, or will occur consistent with the required
timeframes provided for concurrency determination. In
the case that development generated demand exceeds the
available capacity, the concurrency determination
certificate shall be denied.
(5) Drainage
(a) Concurrency determination applications shall be evaluated
by the Public Works Department to determine the
availability of adequate capacity of drainage systems
using the following:
1. An inventory of all major and minor water management
facilities and documentation of the ability of such
facilities to accommodate the design storms as
specified in the level of service standard;
2. Identification of the adopted maximum discharge rate
for the drainage basin, if any; and
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3. Project data pertaining to the concurrency
determination application under consideration
provided by the applicant.
(b) Concurrency Analysis
Using the data supplied under Section 910.11(5)(a) above,
the county Public Works Department shall evaluate the
impacts of the concurrency determination application to
determine whether adequate drainage capacity is available
or will be available concurrent with the impacts of the
development. In the event that the information described
in Section 910.11(5)(a) above is not available in its
entirety, the required data may be provided by the
applicant subject to verification by the Public Works
Department. In the case that development generated
demand exceeds the available capacity, the concurrency
determination certificate shall be denied.
(6) Solid Waste
(a) Concurrency determination applications shall be analyzed
by the Utilities Department to determine the availability
of adequate capacity using the following:
1. Documentation projecting annual usage rates of solid
waste disposal through the expected life of the
active segment of the sanitary landfill, using
population projections consistent with the
comprehensive plan;
2. Project data pertaining to the concurrency
determination application under consideration shall
be provided by the applicant, subject to
verification by the county Utilities Department, in
sufficient detail to determine the annual impact of
the proposed development on the solid waste
facilities, including at a minimum:
a. the number and type of residential units;
b. the type and intensity of non-residential uses
and estimated generation of solid waste; and
c. project phasing information, if applicable.
(b) Concurrency Analysis
Using the data applied under Section 910.10(6)(a) above,
the county Utilities Department shall annually prepare
a statement indicating that sufficient landfill capacity
exists to meet existing and projected solid waste
disposal requirements.
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Section 910.12 Appeal Process and Vested Rights Determination
(1) Purpose and Intent
This section is established to provide a mechanism for the
hearing and decision of appeals of decisions or actions by the
Community Development Director or his designee on concurrency
determinations and vested rights determinations.
(2) Authorization
(a) The Board of County Commissioners of Indian River County
is hereby authorized to:
1. Hear and decide appeals when it is alleged that
there is an error in any order, requirement,
decision, or determination made by the Community
Development Director or his designee in the
concurrency determination.
2. Hear and decide appeals when it is alleged that
there are vested rights.
(b) Upon appeal and in conformance with land development
regulations, the Board of County Commissioners in
exercising its powers may reverse or affirm wholly or8
partly, or may modify the order, requirement, decision,
interpretation, application, or determination of the
Community Development Director or his designee.
(c) A majority vote of a quorum of all members of the Board
of County Commissioners shall be necessary to reverse any
order, requirement, decision, interpretation, application
or determination of the Community Development Director
or his designee.
(3) Appeal Procedures
(a) The applicant, or any other person(s) whose substantial
interests may be affected or determined in the proceeding
may initiate an appeal.
(b) Appeals must be filed within fifteen (15) days following
action or determination by the respective official.
(c) An appeal must be filed with the Community Development
Department on an application form prescribed by the
county within the specified time limit. All such appeals
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shall recite the reasons why such an appeal is being
taken.
The appeal shall be accompanied by a fee to be determined
by resolution of the Board of County Commissioners. The
Community Development Director shall schedule the hearing
of the appeal in front of the Board of County
Commissioners within thirty (30) days following receipt
of the application.
(d) The Community Development Director must review the appeal
and prepare a report which contains the department's
findings and recommendation.
(e) All appeals shall be heard at a meeting of the Board of
County Commissioners. All interested parties shall have
a right to appear before the Board of County
Commissioners and address specific concerns directly
related to the appeal. Any person may appear by agent
or attorney. All such hearings shall be conducted in
compliance with the rules of procedure for the Board of
County Commissioners. The time and place scheduled for
hearing shall be given to the applicant in writing.
(f) The final decision of the Board of County Commissioners
must be reached within sixty (60) days following the
receipt of the appeal by the Community Development
Department Director.
(g) The same procedure identified in Section 910.12(3) will
be applicable to the vested rights determination. The
criteria identified in Section 910.03 will be utilized
for the vested rights determination.
Section 910.13 Assignability and Transferability
(a) A certificate of concurrency determination shall run with
the land and shall transfer to a successor in interest
to the original applicant upon written disclosure of such
transfer to the Community Development Department as to
the identity of the successor. The disclosure shall
provide the full legal name of the person or business
entity acquiring the interest in the property; the nature
of the interest; the address of the principal place of
business of the successor; telephone number, name and
address of registered agent if corporation; name, address
and title of officers or agents authorized to transact
business with the county, together with proof of
146
authorization if other than president or vice-president
or general partner; and the name and address of any new
design professional for the project if applicable. A
transferee applicant must also assume in writing on form
acceptable to the county attorney all commitments,
responsibilities, and obligations of the prior applicant,
including all special conditions of the concurrency
determination certificate.
(b) Failure to make the required disclosure and assumption
shall suspend a concurrency determination certificate
until such time as proper disclosure and assumption are
made.
(c) Transfer of the certificate of concurrency determination2
shall not toll or modify the calculation of time limits
set forth in the concurrency determination certificate.
Following any transfer, such time limits shall be
calculated as if the transfer had not occurred.
(d) A concurrency determination certificate shall not be
assignable or transferable to other developments.
u\v\ldr\conman
147
INDIAN RIVER COUNTY
CONCURRENCY REVIEW PROCESS
IApplication Submittal to Community Development Department
11 Application may be made at any time during the year.
Community Development Director
shall initiate review.
Determination of Application
Incomplete Application4e--- completeness and data
sufficiency shall be made.
Application shall be forwarded to
the evaluating agencies
Written notice
forwarded to
Applicant specifying
deficiencies
1
Insufficiencies
addressed by
Applicant and
Application process
re-initiated
The Director shall approve a
Concurrency Determination Certificate
4,
-*Complete Application
within 3 days
Application shall be reviewed by
the evaluating agencies
to determine if public
facility capacity
is available.
Utilities Dept:
Sanitary Sewer
Potable Water
Solid Waste
YES
Within
5 days
Applicant pays Impact Fees
and other appropriate fees
4,
Community
Development
Dept:
Parks
d
Public Works
Dept:
Traffic
Drainage
1
Within 15 days
4,
Community Development Director
reviews application and
responses from evaluating agencies
for compliance with Chapter 910
The Director issues
conditional concurrency
determination certificate.
No vesting or
'Reserved capacity
The Director shall issue an
initial concurrency determination
certificate valid for one year (5yrs)
4
Initial Concurrency Determination Certificate
could be extended to 5 years if the
applicant chooses to sign a waiver of
rights for refund of Impact Fees
W
Final concurrency
determination valid
as long as building
permit is active
NO
Within 5 days
The Director shall deny
the application
Applicant chooses.
Within 30 days
Remedy the application and
resolve deficiencies and submit
for another concurrency determination.
147.1
Appeal approved
Within 15 days
File an appeal with
the Community Development Dept.I
Within 30 days
4
The Community Development Director
will review the appeal, schedule
hearing in front of the Board, and
write recommendati-n to the Board. 3
Within 30 days
The Board will
consider the appeal
Appeal denied
ipoai .n
CHAPTER 911 ZONING
Sec. 911.01 Short Title, Purpose and Intent
Sec. 911.02 Definitions
Sec. 911.03 Establishment of Districts
Sec. 911.04 Application of District Regulations
Sec. 911.05 Zoning Atlas and Boundaries
Sec. 911.06 Agricultural & Rural Districts
Sec. 911.07 Single Family Districts
Sec. 911.08 Multiple Family Districts
Sec. 911.09 Mobile Home Districts
Sec. 911.10 Commercial Districts
Sec. 911.11 Industrial Districts
Sec. 911.12 Conservation Districts
Sec. 911.13 Special Districts
Sec. 911.14 Planned Development District
Sec. 911.15 General Provisions
Sec. 911.16 Administrative Procedures
Sec. 911.01 Short Title, Purpose and Itent
(1) Short Title
This chapter shall be known as the Indian River County Zoning
..;,
Ordinance.
(2) Purpose and Intent
In order to lessen congestion in the streets, to secure safety from
fire, panic and other dangers; to promote health and general
welfare; to provide adequate light and air; to prevent the
overcrowding of land; to avoid undue concentration of population;
to facilitate the adequate provisions of transportation, potable
water, sanitary sewer, schools, parks and other public
improvements; to conserve the value of buildings and to encourage
the most appropriate use of land within the area delineated on the
official zoning map, exclusive of all incorporated areas, there is
hereby adopted and established the official zoning plan pursuant to
the authority conferred on the Board of County Commissioners of
Indian River County.
Sec. 911.02 Definitions
All terms defined in Chapter 901, Definitions, are applicable in
this chapter.
Sec. 911.03 Establishment of Districts
In order to classify, regulate and restrict the use of land, water,
buildings, and structures; to regulate and restrict the height and
bulk of buildings; to regulate the area of yards and other open
148
spaces about buildings; to regulate the intensity of Land us=e and
implement the comprehensive plan, the unincorporated area, at Indian
River County, Florida is divided into districts as Jol;lcws;:
Agricultural Districts
Rural Districts
Single -Family Residential Districts
Multiple -Family Residential Districts
Mobile Home Districts
Commercial Districts
Industrial Districts
Conservation Districts
Special Purpose Districts
Planned Development District
These zoning districts are provided to implement the intent of the
Comprehensive Plan and the land use designations on tie tlieFtlIt'zire Land
Use Map as indicated below:
Maximum Density
Residential Land Use Designations (units/acre)!
C-1 Conservation - 1 0
C-2 Conservation - 2 1:40.
AG -1 Agriculture - 1 1:5
AG -2 Agriculture -2 1:10
_AG -3::_.; _.; ;, Agriculture -3 1:20'
R Rural 1:1
L-1 Low - 1 3:1
L-2 Low - 2 6:1
M-1 Medium - 1 8:1
M-2 Medium - 2 10:1
Non -Residential Land Use Designation
Rec Recreation
P Public
C/I Commercial/Industrial
149
RELATIONSHIP OF THE ZONING DISTRICTS WITH LAND USE MAP
Zoning
District
Land Use Designation
C-1 C-2 AG -1 AG -2 AG -3 R L-1 L-2 M-1 M-2 CII
A-1 - - X - - X T T -
A-2 - - X X - - - - -
A-3 - - X X X - - - -
RFD - - - - - X T T -
RS -1 - - - - - X T T -
RS -2 - - - - - X X -
RS -3 - - - - - X X T -
RS -6 - - _ - - - - - X X T
RT -6 - - - - - - - X X T
RM -3 - - - - - - X X T -
RM -4 - - - - - - - X T -
RM -6 - - - - - - - X X X
RM -8 - - - - - - - - X X
RM -10 - - - - - - - - X
RMH-6 - - - - - - - - X X
RMH-8 - - - - - - - - X X
PRO - - - - - - X X X X X
OCR - - - - - - - - - - X
MED - - - - - - - - - - X
CN - - XXXXXXXX -
CL - - - - - - - - - - X
CG - - - - - - - - - - X
CH - - - - - - - - - - X
IL - - - - - - - - - - X
IG- - - - - - - - - - X
Con -1 X - - - - - - - -
Con -2 - X - - - - - - -
CRVP See Special District Requirements
R-BCID II II
Rose -4 - - - - - - - X X
AIR -1 - - X X X X X1 - -
PD - X X X X X X X X X X
X - District permitted
T - District permitted when used as transition from less
intense/dense development or consistent with existing
development
- - District not permitted
Only within development where airstrips existed prior to
February 13, 1990.
150
Sec. 911.04 Application of District Regulations
(1) Establishment of District Regulations
(a) Use classes, generally. In order to implement the
purpose and intent and provisions of this chapter, the
following use classes are hereby established:
Agricultural uses
Residential uses
Institutional uses
Community service uses
Recreation uses
Commercial uses
Industrial uses
Transportation uses
Utility uses
(b) Designation of specific uses by use class and sub -class.
The use classes established above may be divided into
various use sub -classes. These sub -classes shall
comprise the various specific uses as set forth in the
zoning districts, as established in Section 911.03.
(c) Interpretation of use classes and sub -classes. Where the
terms listed in Section 911.04(1)(a), above, are used in
this code in reference to specific land use activities,
they shall refer to the use sub -classes which comprise
those terms, unless the context of the ordinance
otherwise requires.
(2) Allowed Uses
(a) It is the intent of this ordinance to permit certain
uses, not otherwise illegal, to locate in specified
zoning districts, as permitted uses, uses requiring
administrative permits, or special exception uses.
(b) Unlisted Uses
1. Uses not specifically listed. In the event that a
particular use is not listed anywhere in that this
chapter and that no listed use describes the land
use activity in question and such use is not
determined to be an accessory use, then it shall be
considered the same as the use having the most
similar characteristics. An unlisted use shall be
determined to be a permitted use, use requiring an
administrative permit or special exception use based
on the similarities to other uses listed or defined
elsewhere in this chapter.
2. Criteria for reviewing uses not listed. Upon
application for a use not herein listed, the
Community Development Director shall determine
151
whether or not the use shall be allowed in the
specific zoning district and whether it shall be
listed as a permitted use, use requiring an
administrative permit, or special exception use.
The basis for reviewing unlisted uses shall be the
Standard Industrial Classification (SIC) code, which
shall be used to determine the general
classification of uses. Other factors which may be
considered shall be traffic generation volume, type
of traffic attracted to and generated by the site,
parking requirements, compatibility to surrounding
land uses, noise, lighting and visual impacts, hours
of operation, intensity of use. The Community
Development Director may after review of the
criteria herein set forth determine that certain
uses are prohibited uses and shall not be allowed
in any zoning district. In the event that any use
is determined to be a prohibited use, record of the
reasons given for that decision shall be kept on
file and shall be used as guidelines for subsequent
use determinations.
3. Appeals of decisions on unlisted uses. Such
decisions may be appealed to the Planning and Zoning
Commission in conformance with the provisions of
Chapter 902, Administrative Mechanisms.
(c) Permitted uses. No structure shall be erected,
constructed, reconstructed or structurally altered, nor
shall any structure or land or combination thereof be
used unless the use to which the structure and/or land
is to be put is listed in the permitted use section of
the applicable zoning district and the use fully complies
with all of the applicable district regulations, except
for nonconformities as provided in Chapter 904.
(d) Accessory uses.
No accessory use or structure, as defined in Chapter 901,
shall hereafter be constructed, remodeled, established,
altered or enlarged unless such accessory use or
structure complies with the provisions of Chapter 917,
Accessory Uses and Structures.
(e) Uses Requiring an Administrative Permit
It is the intent of this chapter to allow any use
requiring an administrative permit in the appropriate
zoning district, provided the criteria established for
such use in Chapter 971, Specific Land Use Criteria, are
satisfied and such use is reviewed and approved pursuant
to the procedures of Chapter 914, Site Plan.
152
(f)
Special Exception Uses
It is the intent of this chapter to allow any use
requiring a special exception approval in the appropriate
zoning district, provided the criteria established in
Chapter 971, Specific Land Use Criteria, are satisfied
and such use is reviewed pursuant to the procedures of
Chapter 914, Site Plan.
(3) Establishment of Size and Dimension Criteria
In order to carry out the purpose and intent provisions of
this chapter, size and dimension criteria for particular
zoning districts are hereby established. Such size and
dimension criteria shall be applied in accordance with this
section and other applicable provisions of the Land
Development Regulations. The minimum area for yards and other
open spaces for each and every building hereafter erected,
constructed or structurally altered shall not be encroached
upon or considered as area, yard or open space requirements
or intensity of use requirements for any other building.
Variances from these provisions, excluding the maximum density
limitations, may be granted by the Board of Adjustment
pursuant to the procedures and criteria of the Land
Development Regulations.
(a) Maximum density
In no instance shall the maximum density specified for
a given zoning district be exceeded in the approval of
any permit or development order unless it is provided for
in Section 911.14, Planned Development. Maximum density
shall be expressed in number of dwelling units per gross
residential acre. In the determination of the maximum
number of units to be allowed on a lot, the permitted
number shall be made proportional to any fraction of an
acre(s) that is a part of the lot. Gross residential
area shall mean the area of a lot devoted to residential
uses and related open space, yards, parking and
circulation, drainage, recreation, waterbodies, and other
related or accessory facilities, exclusive of commercial,
industrial, and other nonresidential uses.
(b) Lot Size Requirements
1. Generally. Except as may be qualified by the
provisions of the land development regulations,
including Chapter 904, Nonconformities, no structure
or part thereof shall hereafter be constructed or
relocated onto a lot which does not meet all of the
minimum lot size requirements established for the
zoning district in which the structure is or is to
be located. Furthermore, no structure or land shall
hereafter be used, occupied or arranged for use on
a lot which does not meet all of the minimum lot
153
size requirements presented for the district in
whic: such structure or land is located, unless such
lot meets the criteria of section 911.04 (3)(b)5.
below.
2. Reduction of lot size or yards; subdivision. No lot
or yard existing at the effective date of this
chapter shall thereafter be reduced in size,
dimension, or area below the minimum requirements
set out herein, except by reason of a portion being
acquired for public use in any manner, including
dedication, condemnation, purchase, and the like.
Lots or yards created after the effective date of
this chapter shall meet the minimum requirements
established herein.
3. Applicability to all uses. All permitted uses, all
administrative permit uses, and all special
exception uses shall be subject to the lot size
requirements specified for a given district, unless
other minimum requirements are specified for such
uses elsewhere in the Land Development Regulations.
4. Structure built on two lots. A building constructed
on a site consisting of two (2) lots must be located
either within the required setback of the individual
lot or the setback from the common or unified lot
line. Any person wishing to build a structure on
two (2) lots must provide legal assurance, approved
by the county attorney, which demonstrates unity of
title for both lots. In those cases where
construction does not commence, such unity of title
may be released upon approval of the Community
Development Director and recording of a dissolution
of unity of title in the public records.
5. Lots of record less than minimum size. Any lot of
record legally created prior to the adoption of this
chapter which contains less lot area or width than
required in the district in which it is located may
be used for a use in such district. This provision
shall not be construed to permit more than one
dwelling unit on a lot with less lot area per
dwelling than required for the district in which
such lot is located.
6. Use of lots in single-family districts. In single-
family districts, every building hereafter erected
or structurally altered shall be located on a lot
as herein defined, and in no case shall there be
more than the principal building and the customary
accessory buildings on one plot or parcel of land.
(c) Minimum yard and setback requirements
1. Generally. Minimum yard requirements shall be as
specified for a given zoning district. The yard
requirements shall apply to all buildings and
structures, as they relate to the respective lot
lines, except as otherwise specifically provided in
this chapter or as exempted in section
911.04(3)(c)2.
2. Accessory uses and structures. Special yard
requirements related to accessory uses and/or
structures are provided in Chapter 917.
3. Yard encroachments. See section 911.15(2),
encroachments into required yards.
4. Required yards for corner lots. Corner lots shall
be provided a front yard on each street frontage;
provided, however, that the buildable width of such
lot shall not be reduced to less than thirty (30)
feet and provided further that no accessory
structure on a corner lot shall project into the
required front yard on either street. In those
instances where the 30 foot minimum applies, the
house shall be centered between the lot lines,
unless an alternate siting arrangement is approved
by the Community Development Director.
5. Yards adjacent to agricultural operations.
Notwithstanding any other provision of this chapter,
on all residentially zoned lots created after the
effective date of this chapter which are adjacent
to active agricultural operations with an
agricultural zoning district designation involving
citrus groves, orchards, field crops, or truck
farming, all nonagricultural activities shall
provide buffers between the agricultural and
residential use(s), as follows:
a. For projects zoned for development at one unit
per acre or less, a minimum fifty -foot building
(residence) setback is required; within the
fifty -foot setback, a type "B" buffer and a
six foot opaque feature as set forth in chapter
926, Landscaping and Buffering, shall be
provided.
b. For projects zoned for development at more than
one unit per acre, a fifty -foot building
(residence) setback shall be established. In
lieu of a fifty -foot setback, a minimum twenty-
five -foot bufferyard with a type "B" buffer and
a six foot opaque feature as setforth in
Chapter 926, Landscaping and Buffering, shall
155
be provided in order to protect residents from
spraying.
6. Residential setbacks, generally. No dwelling shall
be erected closer to another dwelling than double
the minimum setback restrictions.
7. Yard requirements for residential uses in
nonresidential zoning districts. Whenever a
dwelling is to be erected in a district other than
an agricultural or residential district, it shall
conform to the minimum setback requirements of the
RM -8 district.
(d) Maximum building height. Maximum building height, where
specified, shall apply to all structures located in the
zoning district except those structures and appurtenances
excluded in Chapter 911.15(1), height exceptions.
Further, no structure shall exceed any airport height
limitations.
(e) Maximum building coverage. Maximum building coverage,
where specified, shall mean that portion of a lot,
expressed as a percentage, occupied by all buildings or
structures which are roofed or otherwise not open to the
sky and that extend more than three (3) feet above the
surface of the ground level.
(f) Minimum open space. The open space requirements
presented for a given zoning district shall be considered
as a minimum, and such open space shall be located on the
same lot as the primary use or structure, except as
specifically provided otherwise in the Land Development
Regulations. Open space shall be expressed as a
percentage and shall be generally defined as the required
exterior open area clear from the ground upward, devoid
of residential, commercial and industrial buildings,
accessory structures and impervious area.
Sec. 911.05 Zoning Atlas and Boundaries
(1) Establishment of official zoning atlas. The boundaries of all
zoning districts are hereby fixed and established as shown in
the official zoning atlas, consisting of sectional maps which
are identified by section, township and range. This zoning
atlas is on file in the Community Development Department and
the office of the Board of County Commissioners of Indian
River County, Florida. Each sectional map is hereby adopted
and made a part of this chapter as if the matters and
information set forth by said maps were fully described
herein.
(2) Interpretation of district boundaries. The boundaries of the
various districts as shown in the zoning atlas and the
156
sectional map sheets shall be determined by the boundaries as
shown and outlines thereon and, when not clearly so
determined, by use of the scale shown on said maps unless
actual dimensions are noted. Where uncertainty exists as to
the exact location of said boundaries, the following rules
shall apply:
(a) Center line as boundaries. Where district boundaries lie
on or within streets, highways, road rights-of-way or
public water, the district boundaries shall be the center
line of the same.
(b) District boundaries which bisect blocks. Where district
boundary lines approximately bisect blocks, the
boundaries are the median lines of such blocks between
the center line of boundary streets.
(c) District boundaries parallel to rights-of-way. Where
district boundaries are approximately parallel to a
street, highway, road, alley, railroad right-of-way
public water, the distance of such boundaries from the
center line thereof shall be, unless otherwise shown by
dimension, the median block line.
(d) District boundaries of lots adjacent to bodies of water.
Where district boundaries are adjacent to bodies of
water, the following criteria shall be applied:
1. For lots bordering or containing lakes or other
bodies of water, such lakes and bodies of water will
be included in the lot size determination.
2. Submerged bottomlands of the Indian River and St.
Sebastian River will not be included in the lot size
determination, but the density of the Conservation -
2 district of one unit per acre, transferable to the
contiguous upland portion of the lot not to exceed
150% of the total number of units permitted on the
receiving site by the land use designation, will be
applied to planned developments (PDs).
(e) District boundaries dividing parcels of land. In
unplatted property or where a district boundary divides
an unplatted lot, the location of such boundary, unless
the same is indicated by dimensions, shall be determined
by the use of a scale appearing on the district map.
Where a district boundary divides a platted lot, the zone
classification of the greater portion shall prevail
throughout the lot.
(f) Action in case of uncertainty. In case any further
uncertainty exists, the Planning and Zoning Commission
shall interpret the intent of the district map as to
location of such boundaries.
(g)
Street and right-of-way abandonments. Where a public
road, street, alley or other right-of-way is officially
157
vacated or abandoned, the regulations applicable to the
property to which it reverts shall apply.
(h) Excluded areas. Unless an area is classified on or by
the official zoning atlas of Indian River County, or the
appropriate classification can be established by the
rules above, such area shall be considered to be
classified as Agriculture -1 (A-1), unless such area is
determined to be within an AG -2 or AG -3 area as
designated by the comprehensive plan land use map in
which case the zoning designation shall be A-2 in the AG -
2 area and A-3 when in an AG -3 area, until such time as
the land is rezoned by the Board of County Commissioners.
(i)
Amendment to the official zoning atlas. No changes or
amendments to the official atlas shall be initiated,
except in compliance and conformity with all procedures
and requirements of this chapter and chapter 902,
Administrative Mechanisms. If in accordance with the
procedures of this chapter changes are made in district
boundaries or other such information portrayed on the
official zoning atlas, such changes shall be made
promptly after adoption of the amendment. It shall be
unlawful for any person to make any unauthorized change
in the official zoning atlas.
(3) Conservation District boundaries. General boundaries of Con -
1 and Con -2 zoning districts shall be depicted in the official
zoning atlas. Specific Conservation District boundaries shall
be determined on a site -by -site basis, as follows:
(a) Environmentally sensitive estuarine wetlands. The Con -
2 Conservation District adjacent to the Indian River
Lagoon reflects the extent of environmentally sensitive
estuarine wetlands. Specific boundaries of the Con -2
District shall be determined on a site -by -site basis by
a site boundary survey. Wetland boundaries shall be
determined based on the broadest delineation of
jurisdictional wetland regulatory agencies.
(b) Con -1 Conservation District boundaries. The Con -1
Conservation District reflects environmentally sensitive
and environmentally important lands under public
ownership. In cases where the boundary of the Con -1
District is under dispute, the boundary shall be verified
based on the extent of public ownership. Likewise, the
Con -1 district boundary as depicted in the official
zoning atlas shall be periodically updated to correspond
with public land acquisition or sale.
(c) St. Sebastian River Conservation District boundaries.
The boundaries of the St. Sebastian River Con -2 District
shall be depicted in the official zoning atlas. The
eastern boundary of the Con -2 District shall be the west
right-of-way line of Roseland Road. The western boundary
158
of the district shall be generally depicted in the
official zoning atlas. The specific western boundary of
the Con -2 District shall be determined on a site -by -site
basis by a boundary survey, based on the existence of
environmentally important xeric plant communities or
environmentally sensitive wetlands as verified by county
environmental planning staff, in consultation with the
Florida Game and Fresh Water Fish Commission (GFC) and
other appropriate agencies.
911.06 Agricultural & Rural Districts
(1) Purpose and Intent.
The agricultural, rural fringe development, and RS -1, single-
family districts, are established to implement the polices of
the Indian River County Comprehensive plan for managing land
that is not part of the designated Urban Service Area of the
county, as well as land within the urban service area which
warrants a very low density designation, by providing areas
suitable for agriculture, silviculture, and the conservation
and management of open space, vegetative cover, natural
systems, aquifer recharge areas, wildlife areas and scenic
areas. These districts are also intended to provide
opportunities for residential uses at very low densities to
promote housing opportunities in the county. These districts
are further intended to permit activities which require non-
urban locations and do not detrimentally impact lands devoted
to rural and agricultural activities. Finally, the RFD, and
RS -1 districts are intended to buffer active agricultural
areas from urbanization.
(2) Districts Established
(3)
The following districts are established to implement the
provisions of this chapter.
A-1, A-2, and A-3 Agricultural Districts
RFD, Rural Fringe Development District
RS -1, Single-family District
Relationship with Land Use Map
(a) The Agricultural and Rural districts may be established
in the following land use designations.
159
Land Use Designation
District AG -1 AG -2 AG -3 R L L-2
-
X le -
A -1 X X - -
A-2 X X- -
A-3 X X X -
- X X1 X1
RFD - - X X X1
RS -1 - -
(b) The Agricultural -1 and Rural districts may be considered
consistent with the Low and Medium density residential
designations (L-1, L-2, M-1, M-2) and commercial/
industrial designations when those areas are currently
used for agricultural uses, serve as or enhance open
space or green belt areas of the county and do not
negatively impact the development of more intense uses.
(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 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 lots, each meeting
or exceeding the minimum lot size of the agricultural
zoning district; any subsequent split of such property
shall require approval as a planned development project.
(c) Division of a tract into parcels of at least 40 acres in
size.
The district may be established or expanded in these areas
if consistent with the purpose and intent of this chapter and
similar agricultural and/or rural uses or zoning predominate in the
area.
160
USES
DISTRICT
A-1 A-2 A-3 RFD RS -1
AGRICULTURAL
General Farming P P P
Dairy Farming A A A
Livestock & Poultry raising P P P
Stables (Non-commercial) P P P A A
Tree Farms P P P
Kennel & Animal Boarding Places
Commercial A A A
Non-commercial P P P P A
Fruit and vegetable packing A A A - -
houses
Specialty farms A A A - -
Tenant dwellings _ S S S -
Nursery & Greenhouses
Non-commercial P P P A A
Commercial P P P - -
Agricultural Businesses, S S S - -
excluding wholesaling &
processing
Agricultural Industries S S S - -
Fish Farms A A A - -
Agricultural Research Facilities A A A - -
Aquaculture A A A A A
RESIDENTIAL
Single Family Dwelling P P P P P
Mobile Homes (watchman's quarters) A A A - -
Guest Cottage or servant's quarters A A A A A
Docks (on vacant SF lots) A A A A A
Bed & Breakfast A A A - -
INSTITUTIONAL
Child or Adult Care Fac. A A A A S
Foster Care Fac. P P P P P
Cemeteries S S S - -
Places of Worship P P P S S
COMMUNITY SERVICE
Emergency Services P P P P P
Schools, Primary & S S S S S
Secondary
Correctional institutions S S S - -
Cultural & Civic Fac. S S S S S
Governmental Administrative S S S S S
Building
RECREATION
Country Clubs A A A S S
Golf Courses A A A S S
161
DISTRICT
A-1 A-2 A-3 RFD RS -1
Public Parks & A A A A A
Playgrounds
Major sports and recreation S S S - -
areas and facilities
Dude Ranch S S S -
Hunting and fishing lodges S S S -
Off road vehicle tracts
(commercial and non-commercial S S S -
COMMERCIAL
Fruit and Vegetable A A A -
stands _
Veterinary clinic or A A A -
animal hospital
Driving Ranges S S S -
TRANSPORTATION & UTILITIES
Airports and airstrips S S S S
Utility
Limited Public & A A A S S
Private Utilities
Public & Private Utilities, S S S - S
Heavy 1
Transmission Towers
less than 70' in height P P P - -
70'-140' in height A A A - -
over 140' in height S S S - -
INDUSTRIAL
Recycling Center A A A -
Mining A A A - -
VERY HEAVY INDUSTRIAL
Demolition Debris site S S S - -
P - Permitted Use
A - Administrative Permit Use
S - Special Exception Use
(5) Accessory Uses and Structures as provided in Section 917.
The requirements of section 917.06 (11), of the Accessory
Uses and Structures Chapter, shall apply to towers less than 70'.
162
(6) Size and Dimension Criteria
REGULATION UNIT A-3 A-2 A-1 RFD RS -11
Max. Density du/gr.ac. 0.05 0.1 0.2 0.4 1
Min. lot size sq. feet 870,000 430,000 200,000 85,000 40,000
Min. lot width feet 150 150 150 150 125
Min. yard setback feet
Front 30 30 30 30 30
Side 30 30 30 30 20
Rear 30 30 30 30 30
Max. building feet 35 35 35 35 35
height
Max. building % of lot 10 10 20 30 `30
coverage
Min. open % of lot 80 80 60 50 50
space
` ,,. Lega11y. created lots of record existing prior to February 13, 1990,
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.
911.07 Single -Family Residential Districts
(1) Purpose and Intent
The single-family districts are established to implement the
policies of the Indian River County Comprehensive Plan for
managing land designated for residential uses, providing
single-family housing opportunities, and ensuring adequate
public facilities to meet the needs of residents. These
districts are also intended to implement the county's housing
policies by providing opportunities for a varied and diverse
housing supply.
'Nonconforming lots of record lawfully created prior to April
11, 1985 shall meet the RS -6 side yard requirements
163
(2) Districts Established
The following districts are established to implement the
provisions of this code.
(3)
RS -2
RS -3
RS -6
RT -6
Relationship with Land Use Map
Single family districts may be established in the following
land use designations.
Land Use Designations
Zoning District L-1 L-2 M-1 M-2
RS -2 X X
RS -3 X X T
RS -6 - X X T
RT -6 - X X T
X - District Permitted
- District permitted when used as transition from less
intense/dense development or consistent with existing
development
District not permitted
(4) Uses
Uses in the single-family 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 single-family dwellings.
164
USES
DISTRICT
RS -2 RS -3 RS -6 RT -6
AGRICULTURAL
Noncommercial
Kennel & Animal A A A
Boarding Places
Noncommercial Nursery A A A A
& Greenhouse
Noncommercial Stable S S S S
RESIDENTIAL
Single Family Dwelling P P P P
SF Dwelling (attached) - - - P
Duplex - - - P
Guest Cottage
& servant's quarters S S S S
Docks (on vacant lots) A A A A
Special Subdivisions
w/off-set side yards - - A
(zero lot detached)
INSTITUTIONAL
Child or Adult Care Fac. S S S S
Foster Care Fac. P P P P
Group Home (level I) - A A A
(Level II & III) - - - S
Places of Worship S S S S
COMMUNITY SERVICE
Emergency Services A A A A
Schools, Primary & S S S S
Secondary
Governmental Admini-
strative Building S S S S
Community Centers - - S S
RECREATION
Country Clubs S S S S
Golf Courses S S S S
Public Parks & A A A A
Playgrounds
Private/Public Docks S S S S
UTILITY
Limited Public & A A A A
Private Utilities
Public & Private
Utilities Heavy - S S
P - Permitted Use
A - Administrative Permit Use S - Special Exception Use
165
(5) Accessory Uses and Structures as provided in Chapter 917.
(6) Required Improvements
All future subdivisions and site plans for development in
single family districts shall install the following
improvements, designed and constructed to meet the
requirements and specifications of the Code of Laws and
Ordinances of Indian River County and the State of Florida.
DISTRICT
RS -2 RS -3 RS -6 RT -6
Bikeways X X X X
Sidewalks X X X X
Streetlights X X X X
166
(7) Size and Dimension Criteria
REGULATION
Maximum Density
Minimum lot size2
SF
Duplex
Minimum lot width
SF
Duplex
Minimum yard
Front
Side
Rear
Maximum building
height
Maximum building
coverage
Minimum open
space
UNIT
d.u./gr.ac.
sq. feet
feet
feet
RS -2 RS -31 RS -6 RT -6
2 3 6 6
16,000 12,000 7,000 7,000
12,000
100 80 70 70
100
25 25 20 20
15 15 10 10
25 25 20 20
feet 35 35 35 35
percent of lot 25 30 30 35
percent of lot 40 40 40 40
Sec. 911.08 Multiple -Family Residential Districts
(1) Purpose and Intent
The multiple -family districts are established to implement the
policies of the Indian River County Comprehensive Plan for
managing land designated for residential uses, providing
opportunities for multi -family residential units and ensuring
adequate public facilities to meet the needs of residents.
These districts are also intended to implement the county's
housing policies by providing opportunities for a varied and
diverse housing supply.
(2) Districts Established
1 Nonconforming lots of record lawfully created prior to April
11, 1985 shall meet the RS -6 side yard requirements.
2 In no case shall the density exceed the maximum permitted
gross density
167
(3)
The following districts are established
provisions of this chapter.
RM -3
RM -4
RM -6
RM -8
RM -10
to implement the
Relationship to Land Use Map
Multiple -family districts may be established
land use designations.
in the following
Land Use Designations
Zoning District L-1 L-2 M-1 M-2
RM -3 X X T
RM -4 - X T
RM -6 - X X
RM -8 - - X
RM -10 - - -
X - District Permitted
T - District permitted when used as transition from less
intense/dense development or consistent with existing
T
T
X
X
X
development
- - District not permitted
(4) Uses
Uses in the multiple -family districts
permitted uses, administrative permit
exception uses. Site plan review shall
construction, alteration and use of
buildings except single-family dwellings
168
are classified as
uses, and special
be required for the
all structures and
USES
DISTRICT
RM -3 RM -4 RM -6 RM -8 RM -10
AGRICULTURAL
Noncommercial
Nurseries A A A A A
& Greenhouses
Noncommercial Stables S S S S S
RESIDENTIAL
Single Family Dwellings P P P P P
SF Dwelling (attached) P P P P P
Duplex P P' P P P
Multi -family dwellings P P P P P
Docks on vacant SF lots A A A A A
Bed & Breakfasts S S S A A
INSTITUTIONAL
Child or Adult Care Fac. S S S A A
Foster Care Fac. P P P P P
Group Home (level I) A A A P P
(Level II & III) S S S A A
Residential Centers S S S S S
Total Care Facilities - - - S S
Places of Worship S S S A A
COMMUNITY SERVICE.
Cultural &-Civic Fac.
Emergency Services P P P
Schools, Primary & S S S
Secondary
Colleges S Univ. -
Libraries S S S
Public Health Clinics -
Community Centers S S S
Government Admini-
strative Buildings S S S
S S
S P
S S
S S
S S
S S
A A
S S
RECREATION -
Beach Clubs S S S S S
Country Clubs S S S S S
Golf Courses S S S S S
Public Parks & A A A A A
Playgrounds
Tennis Facilities S S S S S
Yacht Clubs S S S S S
Health & Fitness Clubs S S A A A
Public/Private Docks S S S S S
169
USES
DISTRICT
RM -3 RM -4 RM -6 RM -8 RM -10
UTILITY
Limited Public & S S S S S
Private Utilities
Public & Private
Utilities Heavy S S S S S
P - Permitted Use
A - Administrative Permit Use
S - Special Exception Use
(5) Accessory Uses and Structures as provided in Chapter 917.
(6) Required Improvements
All future subdivisions and site plans for development in
multiple- family districts shall install the following
improvements, designed and constructed to meet the
requirements and specifications of the Code of Laws and
Ordinances of Indian River County and the State of Florida.
DISTRICT
RM -3 RM -4 RM -6 RM -8 RM -10
Bikeways X X X X X
Sidewalks X X X X X
Streetlights X X X X X
170
(7) Size and Dimension Criteria
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 10,000 7,000 7,000 7,000
MF & Duplex 24,000 20,000 12,000 10,000 10,000
Minimum lot width
SF feet 80 80 70 70 70
MF & Duplex 100 100 100 100 100
Minimum yard feet
Front 252 252 252 252 252
Side 102 102 102 102 102
Rear 252 252 252 252 252
Maximum building feet 35 35 35 35 35
height
Maximum building percent of lot
coverage
SF 30 30 30 30 30
MF/Duplex 25 25 25 25 25
Minimum open percent of lot 40 40 40 30 30
space
911.09 Mobile Home Districts
(1) Purpose and Intent
The Mobile Home districts are established to implement the
policies of the Indian River County Comprehensive Plan for
managing land designated for residential use, providing
opportunities for developing mobile home subdivisions and
ensuring adequate public facilities to meet the needs of
residents. These districts are also intended to implement the
county's housing policies by providing opportunity for a
varied and diverse housing supply.
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
171
(2) Districts Established
The following districts are established to implement the
provisions of this chapter.
RMH-6
RMH-8
(3)
Relationship with Land Use Map
The Mobile Home districts may be established in areas
designated M-1, or M-2, Medium Density, on the Future Land Use
Map.
(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.
172
USES
DISTRICT
RMH-6 RMH-8
RESIDENTIAL
Mobile Homes P P
INSTITUTIONAL
Child or Adult Care Fac. A A
Foster Care Fac. P P
Places of Worship A A
COMMUNITY SERVICE
Emergency Services P P
Schools, Primary & S S
Secondary
Government Administrative
Building S S
Community Centers - S
RECREATION
Country Clubs S S
Golf Clubs S S
Public Parks & A A
Playgrounds
Tennis Facilities S S
UTILITY
Limited Public & A A
Private Utilities
Public & Private Utilities,
Heavy S S
P - Permitted Use
A - Administrative Permit Use
S - Special Exception Use
(5) Accessory Uses and Structures as provided in Chapter 917.
(6) Additional Regulations
(a) Compliance with Subdivision Regulations (Chapter 913).
All developments within the RMH-6 and RMH-8 Districts
shall be subdivided and platted pursuant to the
provisions of the Indian River County subdivision and
platting regulations (Chapter 913).
(b) Construction Standards. All mobile homes shall be
constructed in compliance with specifications set forth
by the National Fire Protection Association (NFPA) under
the association's code of specifications for mobile homes
and travel trailers and applicable state and federal
regulations.
Each mobile home, trailer, or other portable living unit
shall be anchored in a manner prescribed by the building
173
code consistent with the federal department of housing
and urban development standards. The minimum first floor
elevation shall be at least eighteen (18) inches above
the crown of the adjacent street.
All awnings, carports, principal patios and accessories
to the building or accessory buildings shall be cons-
tructed in compliance with the building code of Indian
River County.
(c) Mobile Home Undercarriage Skirting. The frame, axles,
wheels, crawl -space storage area and utility connection
of all mobile homes shall be concealed from view through
the use of durable all-weather materials manufactured
specifically for the purpose of covering the under-
carriage area. Such skirting shall be fastened in
accordance with manufacturer's instructions and provide
for adequate ventilation.
(d) Common Vehicular Storage Areas. A11 mobile home
developments within the RMH-6 and RMH-8 zoning districts
shall provide for a common area for the storage of
recreational equipment including boats and recreational
vehicles.
1. Screening. All storage areas shall be a minimum of
thirty (30) feet from any adjacent mobile home lot
line, enclosed by a security fence, and shall be
screened from neighboring residences by a type "C"
buffer with a six foot opaque feature as setforth
in Chapter 926, Landscaping and Buffering.
2. Minimum area. All storage areas shall provide a
minimum of one space for every ten (10) mobile
homes. All stalls shall have a minimum width of
twelve (12) feet and a minimum depth of thirty (30)
feet, and all drives shall be a minimum of twenty-
five (25) feet wide.
(e) Buffering Along Development Boundaries. The following
buffers shall be required along the boundaries of any
mobile home development:
1. Where the adjoining land use (excluding other mobile
home parks) is other similar or higher -density
residential use or is a local or collector street,
a thirty (30) foot setback with a type "C" buffer
and a six foot opaque feature as setforth in Chapter
926, Landscaping and Buffering, shall be provided.
2. Where the adjoining land use is an arterial street,
a residential use of lower density or a
nonresidential use, a forty (40) foot setback with
a type "B" buffer and a six foot opaque feature as
174
setforth in Chapter 926, Landscaping and Buffering,
shall be provided.
3. The areas outlined in subsections 1. and 2. above
may be included as part of the respective adjacent
lots, but shall not be included as part of the
required minimum lot area.
Required Improvements
All future subdivisions and site plans for development within
the RMH-6, and RMH-8 zoning districts shall install the
following improvements, designated and constructed to the
requirements and specifications in the Code of Laws and
Ordinances of Indian River County and the State of Florida:
DISTRICT
RMH-6 RMH-8
Bikeways X X
Sidewalks X X
Streetlights X X
175
(8) Size and Dimension Criteria
REGULATION UNIT
RMH-6 RMH-8
Maximum Density d.u.per gross acre 6.0 8.0
Minimum Lot Size
sq. feet 7,000 5,000
Minimum lot width
SF feet 70 50
Minimum Yard
Front feet 20 20
Side 101 10
Rear 20 20
Maximum Building Height feet 35 35
Maximum Building coverage
Mobile Home percent of lot 40 40
Other 30 30
Minimum open space percent of gross 35 35
area
Except that side yards for mobile home parks in existence
prior to April 11, 1985, shall be established as follows:
Every mobile home residence shall be located on a space so
that no living space is closer than twenty (20) feet to any
adjacent living space and no accessory structure shall be
located closer than ten (10) feet to any other structure on
an adjoining space.
176
911.10 Commercial Districts
(1) Purpose and Intent
The commercial districts are established to implement the
Indian River County Comprehensive Plan policies for commercial
development. These districts are intended to permit the
development of commercial property to provide an efficient
use of land and public infrastructure, promote the economic
wellbeing of the county, protect the natural resources and
beauty of the county and ensure commercial development
compatible with existing and proposed development.
In order to achieve this purpose, these districts shall
regulate the size, scope, and location of commercial uses and
provide standards to ensure development compatible with the
built and natural environment.
(2) Districts
The following districts are established to implement the
provisions of this chapter.
(a) PRO: Professional Office District
The PRO, Professional Office District, is designed to
encourage the development of vacant land and the
redevelopment of blighted or declining residential areas
along major thoroughfares in selected areas of the
county. The selected areas will be deemed as no longer
appropriate for strictly single-family use but which are
not considered appropriate for a broad range of
commercial uses, as permitted in a commercial zoning
district. The PRO district may serve as a buffer between
commercial and residential uses or be established in
areas in transition from single-family to more intensive
land uses. The PRO district shall be limited in size so
as not to create or significantly extend strip commercial
development.
In order to further encourage redevelopment, any legally
nonconforming structure may continue to be utilized, and
its use may be changed from one nonconforming or
conforming use category to another use category permitted
in the PRO district, provided the change of use of the
legally nonconforming structure receives site plan
approval, or any other necessary approvals.
(b) OCR: Office, Commercial, Residential District
The OCR, Office, Commercial, Residential District, is
intended to provide areas for the development of
restricted office, commercial, and residential activities
in a manner which will be compatible with surrounding
177
neighborhoods. The OCR district is further intended to
provide land use controls for ensuring the separation of
potentially incompatible activities, such as intense
commercial uses, from established residential areas.
(c) MED: Medical District
The MED, Medical District, is intended to provide a
variety of uses which supporta major medical facility,
and to protect such major medical facility from
encroachment by land uses which may have an adverse
effect on the operation and potential expansion of the
facility. Land uses that could cause an adverse effect
would generally include those uses that are likely to be
objectionable to neighboring properties because of noise,
vibration, odors, smoke, amount of traffic generated, or
other physical manifestations.
(d) CN: Neighborhood Commercial District
The CN, Neighborhood Commercial District, is intended to
provide areas for the development of highly restricted
commercial activities to serve primarily the residents
of the immediate area. The CN district is further
intended to limit the intensity of commercial activities
in order to ensure compatibility with nearby residential
uses.
(e) CL: Limited Commercial District
(f)
(g)
The CL, Limited Commercial District, is intended to
provide areas for the development of restricted
commercial activities. The CL district is intended to
accommodate the convenience retail and service needs of
area residents, while minimizing the impact of such
activities on any nearby residential areas.
CG: General Commercial District
The CG, General Commercial District, is intended to
provide areas for the development of general retail sales
and selected service activities. The CG district is not
intended to provide for heavy commercial activities, such
as commercial service uses, heavy repair services nor
industrial uses.
The CH, Heavy Commercial District, is intended to provide
areas for establishments engaging in wholesale trade,
major repair services and restricted light manufacturing
activities. The CH district is further intended to
provide support services necessary for the development
of commercial and industrial uses allowed within other
nonresidential zoning districts.
178
(3)
Relationship with Land Use Map
The Commercial districts may be established in the following
land use designations:
Commercial Land Use Designation
District C TC HC C/I I CIG CIC
PRO See Special District Requirements
OCR X X - X - X X
MED - - X
CN See Special District Requirements
CL X X - X
CG X X - X - X X
CH X - - X
X X
C -. Commercial
TC - Tourist Commercial
HC - Hospital Commercial
C/I - Commercial Industrial
I - Industrial
CIG - Gifford Commercial/Industrial
CIC - Commercial/Industrial Corridor
(4) Uses
Uses in the commercial 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.
Commercial uses and activities shall be contained within an
enclosed area unless otherwise specifically allowed herein or
unless allowed as an accessory or temporary use approved by
the Community Development Director.
179
District
PRO OCR MED CN CL CG CHI
AGRICULTURE
Agricultural Production
Horticultural & Landscape - - - - P P P
plants & specialties
Kennels & animal boarding - - - - - A A
Agricultural Services
Landscape Services - - - - - P P
Commercial Fishery - - - - - A P
COMMERCIAL
Construction
General Building Cont-
ractors/Construction
yards
Finance, Insurance, Real
Estate, Legal Services
P
Banks and credit instit- - P - P P P
utions
Security and Commodity P P - P P P
Brokers
Insurance Agents, Brokers P P - P -P P
& Service
Automatic Teller Machines - P P P P P
Real Estate P P - P P P
Holding & Other Investment P P - P P P
Offices
Legal Services
Services
Lodging Facilities
Hotels & Motels - P P - - P
Rooming & Boarding Houses - A - A A P
Bed and Breakfast P A S A A S
Membership based Hotels - - - - - P
Personal Services
Laundries & laundromats
(excluding drycleaners) - A - P P P
Garment Pressing &
drycleaners drop-off/
pickup - A - P p p
180
District
PRO OCR MED CN CL CG CH
Linen supply - - - - - P P
Carpet & upholstery - - - - - P P
cleaning
Drycleaning plants - - - - - - P
Photographic Studios - A - P P P
Beauty Shops - A - P P P
Barber Shops - A - P P P
Shoe Repair - A - P P P
Funeral Homes - - - - - P
Funeral Chapels - - - - P P
Crematoriums - - - - - P P
Business Services
Advertising P P - - P P P
Credit Reporting & P p - - p p p
Collection
Mailing, Reproduction & - P - - P P P
Stenographic Services
Equipment rental & - - P P P
leasing
Employment Agencies P P - _ P P P
Help Supply Services - - - - - P P
Computer & Data P P - - P P P
Processing
General and professional
office P P - P P P
Auto Repair, Services
& Parking
Automotive Rentals - - - - - P P
Automobile Parking & - - - - - P P
Storage
Body & Paint Shops - - - - - - P
General Automotive Repair - - - - - P P
Carwashes - - - - - P P
Automotive Fluid Sales - - - - A P P
& Services (other than
gasoline
Miscellaneous Repair
Electrical Repair - - - - P P P
Watch, Clock, Jewelry - - _ _ p P P
Reupholsters & Furniture - - - _ _ _ p
Welding - - - _ _ _ P
181
District
PRO OCR MED CN CL CG CH
Motion Pictures
Production & Distribution
Services - - - - - P P
Motion Picture Theaters - - - - P P
Drive In Theaters - - - - - - S
Video Tape Rentals - - - P P P
Amusement & Recreation
Dance Studios, School & - - - - P P -
Halls
Theatrical Production - - - - P P -
inclu. music
Enclosed Commercial - - - - P P P
Amusements
Unenclosed Commercial - - - - - - S
Amusements except
minature golf courses
and driving ranges
Health & Fitness Centers - - - A P P -
Membership Sports & Rec. - - - - P P -
Coin Operated Amusements - - - P P P_ -
Minature Golf Courses - - - - - S A
Driving Ranges - - - - - A A
Health & Medical Services
Offices and Clinics P P P P P P
Skilled Nursing Care - - P - S S
Facilities
Intermediate Care Facil. - - P - S S
Hospitals - - P - - -
Medical & Dental Lab. - - P - P P
Home Health Care Svc. - - P - P P
Specialty Outpatient - - P - P P
Clinics
Legal Services P P - P P P
Veterinarian Clinic - - - - - A
Wholesale Trade
Durable Goods
Nondurable Goods
182
A
P
District
PRO OCR MED CN CL CG CH
Retail Trade
Convenience Stores - - - P P P -
Building Materials & - - - - - A P
Garden Supplies
Paint, Glass & Wallpaper
Stores - - - - p p p
Hardware Stores - - - - P P P
Retail Nurseries & - - - - P P P
Garden Supplies
Model Mobile Home - - - - A P
Display
Mobile Home Trailer Sales - - - - - - A
General Merchandise
Department Stores
Variety Stores
Flea Market
Auction Facilities,
Unenclosed
Auction Facilities,
Enclosed
t1G _
Food Stores
A P
A P
Grocery Stores - - - p p p
Meat & Fish Markets - - - P P P
Fruit & Vegetable - - - P P P
Markets
Candy, Nut & Confect. - - P P P P
Stores
Dairy Product Stores - - - P P P
Retail Bakeries - - - P P P
Automotive Dealers &
Services
New & Used Cars Dealers
Used Cars Dealer
Auto & Home Supply Stores
Gasoline Service Stations
Boat Sales & Rentals
Recreational Vehicle
Dealers
Motorcycle Dealers
Car Wash
183
S
A
P
- P P
- S A
P P P
A P P
- P P
- A P
District
PRO OCR MED CN CL CG CH
Automotive Fuel Sales - - - A A P P
Commercial Marina - - - - - A P
Marine Repair & Service - - - - - A P
Apparel & Accessory
Stores
Furniture & Home
Furnishings
Furniture & Home Furnish.
Stores
Household Appliance
Stores
Radio Television &
Computer Stores
Eating & Drinking Est.
Restaurants
Take Out Restaurants
Drive through Rest.
Bars and Lounges
Bottle Clubs
Miscellaneous Retail
A
- - A P P
- - A P P
- P P P
- P P P P
S P P P P
- - P P
- - S P P
- - - S A
Drug Stores - A P A P P
Liquor Stores - - - P P P
Misc. Shopping Goods - - - - P P
Florists - A P P P P
News stands - A P P P P
Sporting Goods - - - - P P
Optical Goods - A P P P P
Gift Stores - A P P P P
Book and Card Store - A P P P P
Catalogue & Mail - - - - - P P
Order House
Fuel Dealers - - - - - P P
Food & Kindred Products - - - - -
Fruit & Vegetable Packing - - - - - S S
Houses
Fruit & Vegetable Juice - - - - - - S
Extraction
184
COMMUNITY SERVICES
Educational Services
District
PRO OCR MED CN CL CG CH
Elementary & Secondary - S S S S S
Schools
Colleges & Universities - S S - S S
Libraries - A - A P P
Vocational, Tech, & Bus. - P P P P P
Social Services
Indiv. & Family Services - - P - P P
Job Training Services - - - P P P
Day Care Services A A P A P P
Child Care & Adult Care A A P A P P -
Nursing Homes & Rest Homes - - P - S S -
Residential Treatement Ctr. - - P - S S S
Place of Worship - - - - P P P
Cultural & Civic Facil. - - A - P P -
Civic and social membership - A - P P -
organizations
Public Administration
Government Administra- A P A P P P
tive Buildings
Courts - - - - p p
Emergency Services P P P P P P P
Libraries P P P P P P P
INDUSTRIAL
Printing & Publishing - - - - - - P
Chemicals and Plastics
Rubber & Plastic - - - - - _ P
Footwear
Hose, belts, gaskets - - - - - - P
packing
Assembly production (not
including manufacturing) - - - - - p
TRANSPORTATION AND COMMUNICATION
Railroad/Bus Trans.
Services
Local & Suburban - - - _ _ p p
Transit
185
District
PRO OCR MED CN CL CG CH
1
Trucking & Courier - - - - - - P
Services
Commercial Warehousing - - - - - - P
& Storage
Moving & Storage - - - - - - P
Trucking terminals - - - - - - P
Self Storage Facilities - - - - - S P
Outdoor Storage - - - - - - A
Post Office P P P P P P P
Water Transport Services - - - - - - P
Air Transport Services - - - - - - P
Pipelines - - - - - - P
Heliport/Helipad - - S - - S
Recycling Centers - - - - - - A
Travel & Tour Agencies - P - - P P
Freight Transport - P - -. - P P
Arrangement
Communications
Telephone & Telegraph
Radio & Television
Broadcasting
Cable and Pay T.V.
Public & Private Utilities, A
Limited
Public & Private Utilities,
Heavy
Transmission Towers
Less than 70' in height
70'-140' in height
P - - P p p
P - - P P P
P
- - P P P
A A A A A
- - - P P P
A A A
RESIDENTIAL USES
Single -Family Dwelling P P - - -
Duplex P P - - -
Multi -Family Dwelling P P A A A A
Accessory Housing - - - - -
(Watchman)
P= Permitted Use
A= Administrative Permit Use
S= Special Exception Use
S
1 No industrial use shall be permitted in the CH district
unless public sewer service is provided to the subject property.
2The requirements of section 917.06(11), of the Accessory Uses
and Structures Chapter, shall apply to towers less than 70'.
186
(5) Accessory Uses and Structures as provided in Chapter 917.
(6) Required Improvements
All future subdivisions and site plans for development in
commercial districts shall install the following improvements,
designed and constructed to meet the requirements and
specifications of the Code of Laws and Ordinances of Indian
River County, Florida.
DISTRICT
PRO OCR MED CN CL CE CH
Bikeways x x x x x• x x
Sidewalks x x x x x x x
Streetlights x x x x x x x
(7) Size and Dimension Criteria
PRO OCR MED CN CL CG CH
Min. Lot Size sq. ft. 10,000 10,000 20,000 20,000 10,000 10,000 10,000
Mina -Lot -Width ft 100 100 100 100 100 100 100
Min. Yards ft.
Front 25 25 25 25 25 25 25
Rear 25 20 20 20 10 10 10
Side 20 20 20 20 10 10 10
Max Coverage % 35 40 40 40 40 40 40
Min. Open Space % 35 35 30 30 25 25 25
Max. Building Height ft 35 35 35 35 35 35 35
Residential District Reg RM -6 RM -6 RM -8 RM -8 RM -8 RM -8 -
Hotel & Motel Minimum - 250 250 - - 250 -
sq. ft. of living area
per unit.
Hotel & Motel Minimum - 1200 1200 - - 1200 -
sq. ft. of land area
per unit.
Notes: Yards - Front Yards abutting S.R. 60 shall be 75 feet;
Rear Yards (CH only) 0 if abutting FEC Railroad;
Side Yards (CL, CG, CH) 0 if abutting a non-residential use
with interconnected parking and approved access easement.
Height - See section 911.15 for exceptions.
187
(8) Required Buffer Yards
District
Abutting Use/District
Single -Family Multi -Family
Buffer Type Buffer Type
PRO C - 6 ft. Opaque D - 3 ft. Opaque
OCR C - 6 ft. Opaque D - 3 ft. Opaque
MED C - 6 ft. Opaque D - 3 ft. Opaque
CN B - 6 ft.. Opaque C - 6 ft. Opaque
CL B - 6 ft. Opaque C - 6 ft. Opaque
CG B - 6 ft. Opaque C - 6 ft. Opaque
CH B - 6 ft. Opaque B - 6 ft. Opaque
Buffer yards are required along rear/side property lines and
measured at right angles to lot lines. All screening and buffering
requirements shall meet the standards established in section 926,
Landscaping and Buffering. No parking or loading shall be permitted
within bufferyards.
(9) Special District Requirements
(a) Pro - Professional Office District
1. Location and Land Use
a. The PRO district may be established in areas
designated as L-1, L-2, M-1, M-2 or commercial
on the future land use map.
b. The PRO district may be established on
residentially designated land if located
on an arterial or collector road as
identified in the comprehensive plan.
2. District Size
The PRO district shall have a minimum district size
of 5 acres and a maximum district size of 25 acres.
The PRO district may be reduced to 2.5 acres if
a. abutting a commercial node or corridor.
b. located within a substantially developed area.
c. located in an area dominated by non-residential
uses.
188
3. District Depth
The PRO district shall have a maximum district
depth of 300 feet, measured from the adjacent
collector and/or arterial roadway. The maximum
depth may exceed 300 feet for platted lots of
record where the majority of the lot is within
300 feet of the collector on arterial roadway.
(b) CN - Neighborhood Commercial District
1. Land Use and Location
The CN, Neighborhood Commercial District, may
be established on land designated AG -1, AG -2,
AG -3, R, L-1, L-2, M-1 or M-2 on the future
land use map.
No neighborhood node shall be within one mile
of any existing neighborhood node, commercial
node, commercial/industrial node, or
commercial/industrial corridor. All nodes shall
be located adjacent to an arterial, collector,
or subdivision feeder road. All distances from
existing nodes shall be measured using the most
direct route along roadways from boundary line
to boundary line and shall be applicable to
properties on both sides of the roadway. The
Community Development Director may reduce the
one mile separation requirement up to ten (10)
percent, or five hundred twenty-eight (528)
feet, upon demonstration by the applicant that
such a reduction is warranted by specific
characteristics of the proposed site and meets
the following requirements:
a. The proposed node is located within
an area having a land use
designation of L-2 or a higher
density.
b. The level of service on all roadways
providing direct or indirect service
to the proposed node will not be
downgraded.
c. The creation of the node shall not
increase the potential for strip
commercial development.
d. The residential character of the
surrounding area shall not be
negatively impacted.
189
2. Standards for Neighborhood Commercial Node
Establishment
The establishment of all neighborhood
commercial nodes shall be subject to the
following standards.
a. Maximum Land Area
Neighborhood nodes shall consist of
contiguous land area and may range
from three (3) to five (5) acres in
size. No neighborhood node may
exceed five (5) acres.
b. Compatibility with Surrounding
Development
All neighborhood nodes shall be
compatible with the surrounding land
uses. All commercial land uses shall
be subject to minimum separation
from residential districts pursuant
to the provisions of the
neighborhood commercial (CN) zoning
district.
c. Limited Access
No neighborhood node shall contain
more than one point of direct access
to an arterial or collector roadway,
unless a waiver of this provision is
approved by the Public Works
Director. Neighborhood nodes shall
utilize an existing marginal access
road system or provide for a
frontage road system meeting the
requirements of chapter 952,
Traffic.
d. Allowable Uses
Uses within a neighborhood node
shall be determined by the
neighborhood commercial (CN) zoning
district.
e. Termination of Neighborhood Node
Approval
The Board of County Commissioners
may terminate neighborhood node
approvals if construction has not
190
commenced within eighteen (18)
months of the date of approval. In
addition, neighborhood node approval
may be terminated by the Board of
County Commissioners upon
abandonment of construction. The
approval date shall be the effective
date of the ordinance which rezoned
the property to CN. Eighteen (18)
months after a neighborhood node is
established by rezoning property to
CN, the Community Development
Department shall schedule a public
hearing before the Board of County
Commissioners to make a progress
report on the development of the
node. The progress report will
indicate whether or not a site plan
has been submitted or approved and
whether or not a building permit has
been issued and maintained for the
property. Moreover, the report will
indicate whether or not there has
been interest from other developers
concerning developing neighborhood
nodes in the area. After the public
hearing, the Board of County
Commissioners will decide whether to
terminate the node approval or
extend approval for six (6) months.
If the Board decides to terminate
the node approval, the planning
staff shall initiate a rezoning
request to downzone the property to
an appropriate residential zoning
district.
Sec. 911.11 Industrial Districts
(1) Purpose & Intent
The Industrial districts are established to implement the
Indian River County Comprehensive Plan policies for
industrial development. These districts are intended to
permit the development of industrial property to provide an
efficient use of land and public infrastructure, promote the
economic wellbeing of the county and ensure industrial
development compatible with existing and proposed
development.
The industrial districts shall regulate the size, scope, and
location of industrial uses and provide standards to ensure
191
development compatible with the built and natural
environment.
(2) Districts Established
The following districts are established to implement the
provisions of this chapter.
(3)
(a)
IL- Light Industrial District
The IL, Light Industrial District, is intended to
provide opportunities for limited manufacturing and
industrial uses and to promote the establishment of
employment centers which are accessible to urban
services and facilities, the area labor force, and local
industrial and business markets while minimizing the
potential for any adverse impacts upon nearby
properties.
(b) IG- General Industrial District
The IG, General Industrial District, is intended to
provide areas where a broad range of industrial
activities may locate and operate without significant
adverse impacts upon nearby properties. The IG district
is further intended to promote the establishment of
employment centers which are accessible to the
transportation system and other necessary urban
services.
Relationship to Land Use Maps
Industrial districts may be established in the following land
use designation:
Commercial/Industrial Industrial
District Nodes Corridors Nodes
IL
IG
(4) Uses
x
x
Uses in the industrial districts are
uses, administrative permit uses, and
Site plan review shall be required
alteration and use of all structures
192
x
x
x
x
classified as permitted
special exception uses.
for the construction,
and buildings.
District
Use IL IG
AGRICULTURE
Agricultural Production
Crops
Horticultural & Landscape P P
Plants & Specialties
Mulch Products & Services P P
Kennels & Animal boarding P P
Services
Farm labor & Mgt. Services p P
Landscape Services _ P P
Veterinary Services P P
Commercial Fisheries P
COMMERCIAL
Construction
General Building Contractors P P
Special Trade Contractors P P
Personal Services
Linen supply P
Carpet & upholstery cleaning P
Drycleaning Plants P
Auto Repair, Services & Parking
Automobile Parking & Storage P
Automobile Repair
Body & Paint Shops P
General Automotive Repair P
Carwashes P
P
P
Miscellaneous Repairs
Electrical Repair P P
Reupholstery & Furniture P P
Welding P P
Heavy Machinery P p
Social Services
Job Training Services P P
WHOLESALE TRADE
Durable Goods P P
Non -Durable Goods P P
Auction Facilities, unenclosed S
Flea Market S -
Use
District
IL IG
Auto & Home Supply Stores P
Gasoline Service Stations P
Boat Dealers P
Recreational Vehicle Dealers P
Motorcycle Dealers P
Automotive Fluid Sales &
Services (other than gasoline)
Eating & Drinking Establishments
Restaurants P
Take Out Restaurants P
Drive Through P
Bars and Lounges P
Bottle Clubs P
Fuel Dealers - P
Adult Entertainment Facilities S
Marine - related commercial activities
Boat Sales & Rental P
Commercial Marina P
Marine Repair & Services P
S
A
P
P
S
P
INDUSTRIAL
Manufacturing P P
Food & Kindred Products P P
Tobacco Products P P
Fruit & Vegetable Juice Extraction A P
Textile Products P P
Fruit and Vegetable Packing Houses A P
Lumber & Wood
Furniture & Fixtures
A p
Paper & Allied Products P P
& Printing & Publishing
Chemicals & Allied Products
Petroleum Products - P
Rubber & Plastics - p
Tires - P
Rubber & Plastic footwear P P
Hose, belts, gaskets &
Packing P P
Fabricated rubber products p p
Drugs & Pharmaceuticals p p
Tanning & Finishing - p
Use
District
IL IG
Footwear P P
Other Leather Goods P P
Stone Glass & Clay P P
Primary Metal Industries - P
Fabricated Metal Products P P
Industrial Machinery &
Equipment
Electronic & other Electric
Equipment
Transportation Equipment
Instruments & Related
Products
Salvage Yards, v _
Demolition Debris Site
TRANSPORTATION & UTILITIES
Airports & Heliports
Railroad & Bus Trans
Services
P
S
P
P
P
P
P
S
S
P
Trucking & Courier Services P P
Commercial Warehousing &
Storage P P
Moving & Storage p p
Trucking Terminals P P
Self Storage P P
Outdoor Storage P P
Postal Services
P P
Water Transport Services p
Air Transport Services p
Pipelines p P
Transportation Services
Freight Transport
Arrangement p p
Use
District
IL IG
Communications
Transmission Towers'
Less than 70' in height P P
70'-140' in height A A
over 140' in height S S
Utilities
Gas Services P P
Electric Services P P
Water Services P P
Sanitary Services
Irrigation Systems P P
RESIDENTIAL USES
Accessory Housing (Watchmen)
P= Permitted Use
A= Administrative Permit Use
S= Special Exception Use
A A
(5) Accessory Uses & Structures
-As provided in Chapter 917, Accessory Uses and Structures.
(6) Required Improvements
(7)
All future subdivisions and site plans for development, within
the industrial districts shall install the following
improvements, designated and constructed to the requirements
and specifications in the Code of Laws and Ordinances of
Indian River County and the State of Florida:
IL IG
Bikeways x x
Sidewalk x x
Street Lights x x
Bufferyard Requirements
Where a nonresidential use within an industrial district
directly abuts a single-family or multifamily residential
zoning district or use, a landscaped bufferyard meeting the
following specifications shall be required along the side
and/or rear property lines.
1 The requirements of section 917.06 (11) of the Accessory
Uses and Structures Chapter, shall apply to towers less than 70'.
196
District
IL
IG
Single -Family
Zoning
Type A 6 ft Opaque
Type A 6 ft Opaque
Multi -Family
Zoning
Type A 6 ft Opaque
Type A 6 ft Opaque
The bufferyards shall be measured at right angles to the lot
line. All screening requirements shall meet the standards
established in Chapter 926, Landscaping and Buffering. No
off-street parking or loading areas shall be permitted within
the bufferyard.
(8) Size and Dimension Criteria
Regulation Unit of Measure
Minimum Lot Size
Minimum Lot Width
Minimum Yard
Front
Side
Rear*
Maximum Bldg Coverage
Minimum Open Space
Maximum Building Ht.
*No rear yard required
track.
sq. ft.
ft
ft
percent
percent
feet
IL IG
15,000 15,000
100 100
25
10
20/0
40
15
35
25
10
20/0
40
15
35
1
if rear property line abuts a railroad
Section 911.12 Conservation Districts
(1) Purpose and Intent
The conservation districts are established to implement the
policies of the Indian River County comprehensive plan for
managing lands for conservation uses. These districts are
intended to promote the management and protection of natural
resources and systems, promote public awareness of the
importance of ecologically sensitive lands, provide limited
use of publicly held lands for conservation and recreational
uses and limited uses of privately owned property.
(2) Districts Established
(3)
The following districts are established to implement the
provisions of this code.
Con -1
Con -2
- Public Lands Conservation District
- Private Lands Conservation District
Relationship with the Future Land Use Maps
197
The conservation districts are intended for establishment in
the C-1 and C-2 conservation land use designations; however,
they may be established in other land use categories which
contain unique environmental conditions which would warrant
conservation.
(4) Uses
Uses in the Conservation Districts
permitted uses, administrative permit
exception uses. Site plan review shall
construction, alteration, and use of
buildings.
Uses
RESIDENTIAL USES
Single Family Dwelling
Housing for Conservation
Management
Private docks on Vacant lots
Non -Commercial Stable
Residential Guest House
CONSERVATION
Resource Management
Conservation Education
Natural Resource Research
RECREATION
Public Parks
Public Camp Grounds
Public Docks
AGRICULTURAL
Aquaculture
P= Permitted
A= Administrative Permit Use
S= Special Exception
(5)
are classified as
uses, and special
be required for the
all structures and
District
Con -1 Con -2
P
S
S
S
S
S
S
A
P
S
P
S
S
S
S
S
S
S
A
Accessory Uses and Structures as provided in Chapter 917.
(6) Size and Dimension Criteria
198
District
Regulation Unit of Measure Con -1 Con -2
Maximum Density d.u./gr. acre - .025
Minimum Lot Size Acres - 40
Minimum Lot Width feet - 500
Minimum Yards feet
Front 50 50
Rear 50 50
Side 50 20
Maximum Building Ht. feet 35 35
Maximum Lot Coverage percent - 10
Minimum Open Space percent - 80
Legally created lots of record existing prior to February 13,
1990, in the Con -2 District 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.
Section 911.13 Special Districts
The following districts are established to implement the policies
of the Indian River County Comprehensive Plan for managing
development of land with specialized land use designations or for
application in areas which possess unique development patterns or
conditions. These districts shall promote the continued and
orderly development of the county and ensure adequate facilities
to meet the needs of residents.
(1) CRVP: Commercial Recreational Vehicle Park District
(a) Purpose and Intent
The CRVP, Commercial Recreational Vehicle Park District,
is established to implement the Indian River County
comprehensive plan policies for allocating commercial
land uses. The purpose of the CRVP District is to
provide areas where transient mobile homes, travel
trailers, truck campers, pickup coaches, motor homes,
and similar vehicles used for temporary habitation
during travel, vacation, and recreation purposes can be
accommodated for short periods of time. The CRVP
District is intended to accommodate recreational
vehicles up to a density of fourteen (14) spaces per
gross acre.
(b) Land Use and Location
The CRVP, Commercial Recreational Vehicle Park District,
may be established in areas designated for commercial
199
development. These areas are Commercial/Industrial
Nodes and Corridors.
(c) Uses
Uses in the CRVP, Commercial Recreational Vehicle Park
District, 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 uses.
Residential Uses CRVP
Mobile Homes
Recreational Vehicles
P
P
Public Service Uses
Emergency Services P
Places of Worship A
Public Parks and Play- A
grounds
Commercial Uses
Country Clubs A
Golf Courses A
Tennis Clubs A
Recreational Vehicle Parks A
Transportation & Utility Uses
Public and Private Util-
ities, limited
P= Permitted
A= Administrative Permit
S= Special Exception
S
(d) Accessory Uses and Structures
In addition to the limitations established in Sec. 917,
Accessory Uses and Structures, the following shall be
used in evaluating accessory uses within the CRVP
District.
1. Allowable Accessory Uses. Management headquarters,
recreational facilities, sanitary facilities,
dumping stations, showers, coin-operated laundry
facilities, child care facilities, and other uses
customarily incidental to the operation of a
recreational vehicle park and campground are
permitted as accessory uses to the park.
2. Restricted Accessory Uses. In addition to the
allowable accessory uses listed above, the
following commercial uses shall be permitted as
200
accessory uses, subject to the criteria established
herein: Retail sales establishments, personal
service establishments, and restaurants. These
restricted accessory uses shall be subject to all
applicable regulations within this code, and shall
further satisfy the following:
a. Such uses and the parking areas primarily
related to their operations shall not occupy
more than five (5) percent of the gross area
of the park.
b. Such uses shall be restricted in their use to
occupants of the park.
c. Such uses shall present no visible evidence
from any street outside the park of their
commercial character which would attract
customers other than occupants of the park.
d. The structures housing such facilities shall
not be located closer than one hundred (100)
feet to any public street, shall not be
accessible from any public street, and shall
be accessible only from a street within the
park.
(e) Additional Regulations
1. Compliance with subdivision regulations, streets
and paving. All recreational vehicle parks
established after the effective date of this
chapter shall comply with the Indian River County
subdivision and platting regulations, except as
specifically stated otherwise herein, and shall
record the individual recreational vehicle spaces
in compliance with the standards of this Code.
2. Required Common Recreation Area
a. Minimum area required. A minimum of ten (10)
percent of the gross site area of any
recreational vehicle park within the CRVP
district shall be devoted to open or enclosed
common recreational areas and facilities, such
as playgrounds, swimming pools, community
buildings, ways for pedestrians and cyclists
away from streets, and play areas for small
children or other similar recreational areas.
b. Design Criteria for Common Recreation Areas
I. Areas contained in a continuous
pedestrian or cyclist circulation system
which consist of permanently maintained
walks and trails not less than twelve
(12) feet in width leading to principal
201
destinations on the site shall be
countable as common recreation areas.
II. Areas designated as play areas or mini -
parks which contain at least one acre and
have a minimum dimension of one hundred
(100) feet and which are furnished with
appropriate recreational equipment
including but not limited to playground
equipment, picnic tables, barbecue pits,
and ball -playing equipment and/or
facilities shall be countable as common
recreation areas.
III. If natural habitats of unique and
significant value are determined to exist
on the site and such areas are left
undisturbed or are adequately protected
from environmental degradation, the total
land and water area of such habitats
shall be countable as common recreation
areas.
IV. The entire area occupied by a multiple -
use recreation building or facility,
including attendant outdoor recreation
facilities shall be countable as common
recreation areas.
V. Common recreational area shall not
include streets, buffer areas,
recreational vehicle spaces, storage
areas, utility sites or parking areas;
shall be closed to automotive traffic
except for maintenance and service
vehicles; and shall be improved and
maintained for the uses intended.
3. Use Limitations
No permanent structures such as carports, cabanas,
screen rooms, or similar structures may be erected
or constructed at any recreational vehicle site,
and the removal of wheels or hitch and the
placement of the unit on a foundation or piers is
prohibited. Notwithstanding, pop -out units and
similar equipment integral to the recreational
vehicle as manufactured shall be permitted.
4. Permanent Occupancy Prohibited
No recreational vehicle shall be used as a
permanent place of abode, dwelling, or business or
for indefinite periods of time. Continuous
occupancy extending beyond three (3) months in any
202
(f)
twelve (12) month period shall be presumed to be
permanent occupancy.
Any action toward removal of wheels of a
recreational vehicle for temporary purposes of
repair or to attach the trailer to the ground for
stabilizing purposes is hereby prohibited.
5. Stabilization of Space
Each recreational vehicle space shall contain a
stabilized vehicular parking pad composed of shell,
marl, paving or other material approved by the
county engineer.
6. Required Buffers
Along all major streets abutting a recreational
vehicle park, and the other boundaries of the
recreational vehicle park a minimum fifty -foot
bufferyard with a type "B" landscaped buffer strip
and a six foot Opaque feature as setforth in
Chapter 926, Landscaping and Buffering, shall be
provided.
SIZE AND DIMENSION CRITERIA
CVRP ZONING DISTRICT
ZONING DISTRICT
REGULATION CVRP UNIT OF MEASURE
Maximum Density 14 units/acre
Minimum space size 2,000 sq. feet
Minimum space width 32 feet
Minimum yard feet
Front 20
Side 10
Rear 10
Maximum lot coverage 40 percent of space
Minimum open space 25 percent of space
Maximum building height 35 feet
Minimum district size 8 gross acres
203
(2) R-BCID: Blue Cypress Improvement District
(a) Purpose and Intent
The R-BCID Blue Cypress Improvement District is designed
to implement comprehensive plan policies for managing
development and resource conservation within the Blue
Cypress Improvement District as designated on the
comprehensive plan land use map. The expressed intent
of this district is to provide a regulatory framework
for promoting needed improvements within the district.
The R -SCID district is intended to restrict development
options in order to avoid potential adverse impacts of
continued uncontrolled development. The R-BCID shall
continue to accommodate residential and transient
housing needs of persons desiring to pursue water -
oriented recreational activities on a periodic basis.
The allowable land uses are restricted to single-family
dwelling units and associated accessory uses. The R-
BCID is not intended for use outside specified
boundaries delineated on the comprehensive plan.
(b) Uses
Uses in the R -SCID, Blue Cypress Improvement District,
are classified as permitted uses, administrative permit
uses and special exception uses. No building or
structure shall be erected, altered or used, except for
one or more of the following. Minor site plan review
shall be required for all new uses on lots that are
undeveloped as of the date of this chapter pursuant to
the provisions of Chapter 914, Site Plan.
Residential Uses R -SCID
Single -Family dwellings P
Mobile homes P
Community Service Uses
Post Office P
Emergency services P
Public and private S
utilities, limited
P= Permitted
A= Administrative Permit
S= Special Exception
(c) Accessory Uses and Structures
204
As provided in Chapter 917, Accessory Uses and
Structures.
(d) Additional Regulations
1. Compliance with map of record. The maximum density
of future development shall be one unit per lot as
shown on the recorded map of the development filed
in the Indian River County Official Record Book
453, page 310.
2. Mobile home undercarriage skirting. The frames,
axles, wheels, crawl space, storage area and
utility connections of all mobile homes shall be
concealed from view through the use of durable all-
weather materials and shall effectively cover the
undercarriage areas.
3. Central wastewater system. Prior to any further
development, expansion, or addition to a lot,
building site, or structure within the R-BCID
district, except for additions of docks, utility
buildings or similar accessory uses on lots with
existing structures, plans for providing a central
wastewater system to the district shall be approved
by the county, the department of environmental
regulation and the St. John's River Water
Management District. The county shall require
assurances to guarantee availability of the central
wastewater system prior to any further building
activity in the area.
205
(f) SIZE AND DIMENSION CRITERIA
BCID: BLUE CYPRESS IMPROVEMENT DISTRICT
ZONING DISTRICT
REGULATION BCID UNIT OF MEASURE
Maximum density 101 d.u. per gross acre
Minimum lot size 3600 square feet
Minimum lot width 60 feet
Minimum yard
Front 10
Side 5 feet
Rear/waterfront 0
Maximum building height 35 feet
Maximum lot coverage 40 percent of lot
Minimum open space 35 percent of gross
area
Minimum district size 10 gross acres
(3)
ROSE -4: Roseland Residential District
(a) Purpose and Intent
The Rose -4, Roseland Residential District, is designed
to accommodate single-family residences and mobile homes
in the Roseland area at a density of up to four (4)
units per acre. The Rose -4 District is intended to
preserve the existing character of the area and provide
for the continued development of the area.
(b) Land Use and Location
The Rose -4 District is established in the Roseland area
of the county and is consistent with the L-2 and M-1
land use designations.
(c) Uses
1 Maximum density is limited to one residential unit per lot
as shown on the unplatted subdivision of Blue Cypress Fishing Club,
located in Township 22 South, Range 36 East, Fellsmere Farms
Subdivision, Indian River County Official Record Book 453, pg. 310.
206
Uses in the Rose 4 District are classified as permitted
uses, administrative permit uses and special exception
uses. Site plan review shall be required for all uses
except single-family dwellings and mobile homes erected
on individual lots. All new mobile home parks or
subdivisions must be platted and receive major site plan
approval.
RESIDENTIAL USES ROSE -4
Single family dwellings P
Mobile homes P
PUBLIC SERVICE USES
Child and Adult Care A
Facilities
Foster care facilities P
Places of Worship S
Public Parks and Playgrounds A
Emergency services P
Educational facilities, S
excluding business
Secretarial and vocational S
RECREATIONAL
Golf courses S
UTILITY USES
Public and private S
utilities (limited)
P= Permitted A= Administrative Permit S= Special Exception
(d) Home Occupations
1. New home occupation uses. New home occupation uses
are allowed subject to the requirements established
in Chapter 917, single family development.
2. Existing nonconforming home businesses. Any
nonconforming home business existing on January 19,
1988 shall be considered a vested nonconforming
use, provided it meets the following criteria:
a. The owner shall submit information on a form
acceptable to the county which verifies that
the business has existed at its current
location since February 24, 1982.
Verification of existence shall be through
presentation of one of the following or a
combination of the following materials:
I. Originals or copies of occupational
licenses issued by the Indian River
County tax collector's office that the
207
business has maintained an active
occupational license at its current
location since February 24, 1982;
II. Business records, including ledgers,
invoices, sales receipts, and other
evidence showing existence in that
location since February 24, 1982;
III. Cancelled checks issued by the business
at its current location dating back to
February 24, 1982;
IV. Proof of exemption from local licensing
and zoning regulations;
V. Evidence that the use has been granted a
grandfathered status by Indian River
County.
Once all information has been submitted,
the Community Development Department
staff shall notify the applicant if
additional information is required.
Based on the information provided, the
staff shall either approve or deny the
grandfather request. Any individual
denied grandfathering status by the staff
may appeal the decision. All appeals
shall be submitted in writing to the
Director of Community Development within
fifteen (15) days of the denial. Appeals
of this section shall be heard by the
Planning and Zoning Commission.
b. Verification of existence for businesses which
qualify under this ordinance must be received
by the Indian River County community
development department within forty-five (45)
days of the effective date of this chapter.
All qualified businesses presenting
verification shall be issued an Indian River
County certificate of zoning approval
demonstrating compliance with this chapter.
Any qualified business which fails to comply
with this ordinance shall be deemed an illegal
use and be subject to all penalties under the
Codes of Indian River County.
c. All businesses qualifying with and complying
with this chapter shall continue operating
under and be subject to the guidelines of
Chapter 904, nonconformities, and all other
applicable codes and laws of Indian River
County.
(e) Accessory Uses and Structures
As provided in Chapter 917, Accessory Uses and
Structures.
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(f)
(g)
Additional Regulations
1. Compliance with subdivision regulations. All
developments within the Rose -4 district shall be
subdivided and platted pursuant to the provisions
of the Indian River County subdivision and platting
regulations.
2. Construction standards. All mobile homes shall be
constructed in compliance with specifications set
forth by the National Fire Protection Association
(NFPA) under the association's Code of
Specifications for Mobile Homes and Travel Trailers
and applicable state and federal regulations.
Each mobile home, trailer or other portable living
unit shall be anchored in a manner prescribed by
the building code consistent with the Federal
Department of Housing and Urban Development
standards. The minimum first floor elevation shall
be at least eighteen (18) inches above the crown of
the adjacent street.
All awnings, carports, principal patios and
accessories to the building or accessory buildings
shall be constructed in compliance with the
building code of Indian River County.
3. Mobile home undercarriage skirting. The frame,
axles, wheels, crawl space, storage area and
utility connection of all mobile homes shall be
concealed from view through the use of durable all-
weather materials manufactured specifically for the
purpose of covering the undercarriage area. Such
skirting shall be fastened in accordance with
manufacturer's instructions and provide for
adequate ventilation.
Required Improvements
All future subdivisions and site plans for developments
within the Rose -4 zoning district shall provide the
following improvements, designed and constructed to the
requirements and specifications in the Code of Laws and
Ordinances of Indian River County and the State of
Florida:
1. Bikeways (as specified in the county bikeway plan,
as currently exists or may hereafter be amended)
2. Sidewalks
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3. Street lights
(h) SIZE AND DIMENSION CRITERIA
REGULATION
Maximum density
Minimum lot size
Minimum lot width
ROSE -4 DISTRICT
SIZE UNIT OF MEASURE
4.0 d.u. per gross acre
10,000 square feet
70 feet
Minimum yard
Front 20
Side 10
Rear 20
feet
Maximum building height 35 feet
Maximum lot coverage 30 percent of lot
Minimum open space 35 percent of gross
area
Minimum district size 20 gross acres
(4) AIR 1: Airfield/Residential District
(a) Purpose
The Air -1, Airfield/Residential District, is intended to
manage the development of residential subdivisions with
private airstrips by providing regulations.
b) Land Use
The Air -1 district may be established in the following
land use districts:
AG -1: Agricultural -1
AG -2: Agricultural -2
AG -3: Agricultural -3
R: Rural
L-1: Low -1 Residential, only within developments where
airstrips existed prior to February 13, 1990.
(c) Uses
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Uses in the Air -1, Airfield/Residential District, are
classified as permitted uses, administrative permit uses
and special exception uses. Site plan review shall be
required for all uses except single family dwellings.
RESIDENTIAL USES AIR -1
Single Family dwellings P
Group Homes (level I) P
SERVICES USES
Places of Worship S
Emergency Services P
Child and Adult Care S
Facilities
Public Parks and Playgrounds P
Country Clubs S
Golf Courses S
TRANSPORTATION AND UTILITY
USES
Airstrips
P
Public and Private Utilities, S
limited
P= Permitted
A= Administrative Permit
S= Special Exception
(d) Accessory Uses and Structures
As provided in Chapter 917, Accessory Uses and
Structures.
(e) Required Improvements
All future subdivisions and site plans for developments
within the Air -1 district shall install the following
improvements, designed and constructed to the
requirements and specifications in the Code of Laws and
Ordinances of Indian River County and the State of
Florida:
1. Bikeways (as specified in the county bikeway plan,
as currently exists or may be hereinafter adopted).
2. Sidewalks if located in L-1 land use designated
areas.
3. Street lights if located in L-1 land use designated
areas.
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(f)
Additional Requirements
All future subdivisions and site plans for private
airstrips within the AIR -1 District shall meet the
following requirements:
1. The following information shall be submitted along
with any site plan or subdivision application:
a. A configuration diagram showing the layout of
runways, taxiways, approach zones, and overrun
areas.
b. Isosonic contours showing the effects of
aircraft operations upon lands within one mile
of the boundary of the proposed site.
c. The number and type of aircraft proposed to be
stored including storage areas for aircraft,
fuel and motor vehicles and service for
aircraft.
d. Proposed methods for the provision of fire and
rescue services shall be provided, and a
letter from the appropriate agencies stating
that services are available and adequate to
protect the proposed facility shall be
submitted.
e. All land uses within the final approach zones
of the facility shall be identified.
f. Certification that all Federal Aviation
Administration (FAA) and state standards and
requirements have been met shall be provided.
g. A site plan, pursuant to the requirements of
Chapter 914, Site Plan.
2. All subdivisions and site plans for airstrips shall
meet the following criteria:
a. Evidence shall be furnished of the acquisition
of property or air rights over all lands at
the ends of all runways where the required
glide path of aircraft, for the class of the
airport, is thirty-five (35) feet or less
elevation from the ground.
b. All airport drives and parking areas shall
have a paved surface pursuant to Section 914,
Site Plan. This shall not apply to airstrips.
c. All applicable FAA and state regulations shall
be met.
d. Letters from appropriate fire and rescue
agencies shall be submitted ensuring that
protective services can be provided at an
adequate level.
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(g) SIZE AND DIMENSION CRITERIA
REGULATION
Maximum density
UNIT OF MEASURE LAND USE
AG -1 AG -21 R L-12
du acre 1:5 1:10 1:1 3:1
Minimum lot size sq. ft. 200,000 430,000 40,000 20,000
Minimum lot width feet 150 150 125 120
Maximum building height feet 35 35 35 35
Minimum yard feet
Front 30 30 30 25
Side
Rear
Residence
Hanger/Garage
Residence
Hanger/Garage
Maximum lot coverage
Minimum open space
30 30 20 15
10 10 10 10
30 30 20 25
10 10 10 10
% of lot 20 10 30 30
% of lot 80 80 50 40
Section 911.14 Planned Development District
(1) Purpose and Intent
The Planned Development District is established to implement
the policies of the comprehensive plan. The purpose and
intent of the Planned Development district are as follows:
To provide for planned residential communities,
containing a variety of building arrangements, planned
commercial and tourist commercial centers, planned
industrial parks, planned public and quasi -public
1 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.
2 Air -1 is allowed only within areas where airstrips existed
prior to February 13, 1990.
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facilities, or planned multiple use centers which
include a diversity of residential, commercial,
industrial and public uses that are complementary and
compatible with adjacent areas and developed in
accordance with an approved development plan.
To allow diversification of uses, structures, and open
spaces in a manner compatible with existing and
permitted land uses on abutting properties.
To reduce energy costs through a more efficient use of
land design and smaller networks of utilities and
streets than is possible through application of other
zoning districts and subdivision requirements.
To ensure that development will occur according to the
limitations of use, design, density, coverage and
phasing stipulated on an approved development plan.
To preserve the natural amenities and environmental
assets of the land by encouraging the preservation and
improvement of scenic and functional open areas.
To encourage an increase in the amount and use of open
space areas by permitting a more economical and
concentrated use of building areas than would be
possible through conventional zoning districts.
To provide maximum opportunity for application of
innovative concepts of site planning in the creation of
aesthetically pleasing living, shopping and working
environments on properties of adequate size, shape and
location.
To provide an incentive for the development of housing
units affordable to households with low and moderate
incomes.
The PD district is a flexible zoning district which is
intended to provide an appropriate balance between the
intensity of development and the adequacy of support services
and facilities.
(2) Uses
(a) Any uses not otherwise prohibited in this chapter shall
be considered permitted uses subject to the land
development regulations and comprehensive plan of Indian
River County and subject to the following restrictions:
1. Residential communities shall be permitted on
property with the following land use designations
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on. the future land use map: M-2, M-1, L-2, L-1, C-
2, R, AG -1, AG -2 and AG -3.
All planned development (PD) projects approved in
any area designated as AG, Agriculture, on the
future land use map shall meet the following
criteria:
(i) The density of the project shall not exceed
the maximum density of the AG land use
designation; no density transfers from off-
site lands and no density bonuses shall be
permitted within PD projects in AG designated
lands;
(ii) Lots created through the PD process shall not
exceed one acre in size, with the remainder of
the area designated as open space; such open
space area shall be established through
recording in the public records as a
conservation/agriculture use easement which
shall restrict use of the open space area for
agriculture, open space, or recreation as
permitted in subsection iii below for
perpetuity or until the Board of County
Commissioners authorizes release of the
easement based upon an increase in the land
use plan density for the subject property.
(iii)Open space areas shall be retained as natural
areas or used for agricultural uses; however
up to thirty percent of the open space area
may be used for recreational purposes in AG -
1 areas and twenty-five percent in AG -2 areas
and twenty percent in AG -3 areas.
Complementary and compatible commercial and
industrial uses may be included provided they
occupy no more than 10% of the total project gross
area.
2. Commercial centers shall be permitted on property
with the following land use designations on the
future land use map: Commercial Nodes, Tourist
Commercial Nodes, and Commercial/Industrial Nodes
and corridors.
3. Industrial centers shall be permitted on property
with the following land use designation on the
future land use map: Commercial/Industrial Node
and Corridors, and Industrial Nodes.
4. Public and quasi -public centers shall be permitted
on property with the following land use
designations on the future land use map: Public,
any commercial designation.
215
5. Multiple use centers may be permitted on property
with the following land use designations on the
future land use map: All Commercial and Industrial
Nodes and Corridors. Parcels with more than one
land use designation may be developed in accordance
with the overall land use designation and
corresponding acreage.
(3) Density
(a) The maximum density of residential communities shall be
established by the density of the underlying land use
designation.
(b) Residential communities within commercial or industrial
land uses shall have a maximum density of 8 dwelling
units per acre.
(c) No residential community shall exceed the maximum
permitted density as stated in (a) or (b) above unless
a density bonus meeting the provisions of section
911.14(4) is approved as part of planned development.
(4) Density Bonus
(a) Affordable Housing
Residential developments may receive a density bonus not
to exceed 20% of the density permitted by the applicable
land use designation for the provision of affordable
housing units.
An affordable dwelling unit shall be a dwelling unit
which:
a. has a market value less than two (2) times (80% of
the median annual household income of Indian River
County) or
b. has a monthly rent less than 1/12 x 25% of (80% of
the median annual household income of Indian River
County).
c. the affordable housing density bonus shall be
determined as follows:
% of total units affordable Bonus
20-30% 10%
31-50% 15%
51%+ 20%
(b) Environmental Protection
Residential developments may receive a density bonus of
up to 20% of the number of units allowed by the
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(5)
underlying comprehensive plan land use designation for
the transfer of units from offsite C-2 designated land.
1. The total number of units transferred shall be
calculated at the rate of one unit per gross acre
of C-2 property which shall be preserved through
use of a conservation easement.
2. A Conservation Easement shall be recorded for the
property from which the units are to be
transferred. Such easement shall specify that no
uses other than recreation uses shall be allowed on
the property and shall state that the easement
shall restrict such land in perpetuity. The
easement shall be approved by the county attorney
and recorded in the public records.
3. On site, density may be transferred from property
designated C-2 on the future land use map to upland
areas with a more intense density at the rate of
one unit per acre, provided:
a. The total number of units clustered on the
receiving site does not exceed 150% of the
total number of units permitted on the
receiving site by the land use designation
without any transfer.
Approval Procedure and other Requirements
All Planned Developments shall be reviewed consistent with
the requirements of Chapter 915, Planned Development.
Section 911.15 General Provisions
(1) Height exceptions and limitations
(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:
Church steeples and spires;
Chimneys;
Flag poles;
Silos;
Elevator towers;
Air conditioning and condensing units;
Windmills;
Aircraft control towers and navigational aids;
Utility transmission towers;
Solar energy collectors; and
Similar structures.
217
Notwithstanding, 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. Additional
information about towers may be found in chapter 917,
Accessory Uses and Structures.
(b) Height limitations. 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.
(c) Coastal hotel, motel and resort development height
exceptions. The height limitations stipulated in the
CG, General Commercial District, may be modified for
hotels, motels, and resort developments located east of
State Road A1A provided that no building structure
exceeds the height limits for airport approach areas and
provided that the following criteria are met:
1. One and one-half (1.5) feet of additional setback
from the Coastal Construction Control Line (CCCL)
shall be provided for each foot in height exceeding
thirty-five (35) feet.
2. Once the additional setback is established, all
structures exceeding six (6) feet in height shall
be prohibited within the designated additional
setback area.
3. In no case shall any building structure be allowed
to exceed forty-five (45) feet in height.
(2) Yard Encroachments
Every part of a required yard shall be open and unobstructed from
the ground to the sky, except as hereinafter provided or as
otherwise permitted in this ordinance. No structure shall be
erected within any easement, except as specifically authorized by
this ordinance.
(a) Structural overhangs. Cornices, awnings, eaves, gutters
or other similar structural overhangs, at least seven
(7) feet above grade, may extend up to four (4) feet
into any required yard, provided that no such overhang
shall extend to within six (6) feet of any property
line.
(b) Sills and belt courses. Sills, belt courses and similar
ornamental features may extend six (6) inches into any
required yard.
218
(c) Air conditioners and similar mechanical equipment. Air
conditioning equipment, sprinkler system controls and
similar mechanical equipment (including utility pad
mounted equipment) may project into any required yard
provided that the equipment is mounted in a manner
contiguous to the building.
(d) Fire escapes, outside stairways, balconies, chimneys and
other similar appurtenances. Open or enclosed fire
escapes, outside stairways, balconies, and chimneys and
flues may project up to four (4) feet into any required
yard, provided such projections shall not unduly
obstruct light and ventilation.
(e) Docks and accessory waterfront structures. Docks and
other permitted accessory waterfront structures are
allowed within required yards, excluding required side
yards.
(f) Swimming pools and related structures.
1. Swimming pools. No swimming pool shall be located
closer than ten (10) feet to any rear property line
or five (5) feet to any easement for utilities,
drainage or access, whichever distance is greater.
2. Special yard situations.
a. On corner lots with one yard which abuts a
road right-of-way classified as an arterial
road on the county's thoroughfare plan map, no
swimming pool shall be located closer than ten
(10) feet to the property line abutting the
arterial road, or five feet to any easement
for utilities, drainage, or access, whichever
distance is greater, provided that the yard
adjacent to the arterial road is not the yard
providing the main entrance to the lot.
b. On lots where no rear yard, as defined in the
zoning code, exists having a width at least
one-half (1/2) the applicable minimum lot
width, one side yard or side yard area may be
designated by the property owner as a "rear
yard" for purposes of applying the regulations
contained within this section.
3. Pool decks and patios. No deck or patio
constructed in conjunction with any swimming pool
shall be located within an easement or closer than
five (5) feet to any property line.
4. Pool enclosures. No screen enclosures for swimming
pools shall be located within an easement or closer
than ten (10) feet to the rear property line on
219
interior or corner lots. For purposes of this
paragraph, yards which are not adjacent to the main
entrance of the lot, but which abut a road
classified as an arterial road on the county's
thoroughfare plan map shall be considered rear
yards. Pool enclosures shall not encroach on the
required rear yard on either double frontage lots
or corner lots if the rear yard abuts or faces the
front yard providing the main entrance to another
lot.
(g) Play equipment, lights, outdoor furniture. Play
equipment, wires, lights, outdoor furniture, mailboxes,
ornamental entry columns and gates, and outdoor
equipment are allowed within required yards.
(h) Unenclosed porches, steps and paved terraces. An
unroofed porch, steps or paved terrace area may project
into the front yard for a distance not to exceed ten
(10) feet.
(1)
Gasoline pumps, canopies, and islands. Gasoline pumps
and pump islands, associated with either a service
station or as an accessory facility, may be located
within a front yard, provided they are located no closer
than fifteen (15) feet to any public right-of-way.
Canopies for the gasoline pumps shall stand alone,
independant and unconnected to any other structure on
the site. Structural supports for the canopy shall not
be located closer than 15 feet to any public right-of-
way and overhanging portions of the canopy shall not be
extended closer than 10 feet to any public right-of-
way.
(j) Walls and fences. Fences and walls are allowed within
required yards, subject to the provisions of Chapter
917, Accessory Uses and Structures.
(k) Utility buildings. Utility buildings or sheds of one
hundred (100) square feet or less may be located within
a required side or rear yard, provided a minimum of five
(5) feet is maintained from the side or rear property
line and clear of all easements. Only one such utility
building or shed may be allowed to encroach into a
required yard on a single lot or parcel of land.
(1) Parking areas and driveways. Where off-street parking
is required pursuant to Chapter 954, Parking, such off-
street parking area may encroach into the required front
yard setbacks, providing that the encroachment does not
extend into a required landscape buffer along the street
frontage pursuant to the Indian River County landscape
ordinance, Chapter 926.
220
Parking areas and driveways are allowed to encroach
within required side yards of multifamily residential
and nonresidential districts. On single-family zoned
lots, driveways must be located a minimum of five (5)
feet from the nearest side lot line at the point of
intersection with the right-of-way. Driveways may come
within two (2) feet of a side lot line, subject to the
above 5' minimum setback at the right-of-way line.
Common or shared driveways may be located across lot
lines and within sideyard setbacks when located within
recorded cross -access easements.
(m) Sidewalks. Sidewalks are allowed to encroach within
required yards.
(n) Planters. Planters for flowers and shrubs may be
extended up to four (4) feet into any required yard
setback provided that the planter is constructed in a
manner contiguous to the building.
(o) The following structures shall be exempted from the
minimum yard requirements: underground utility
equipments, clothes lines, flag poles, mail boxes,
police call boxes, traffic signals, fire hydrants, light
poles, or any similar structure or device as approved by
_the Community Development Director.
(p) :-Dune crossover structures serving one parcel shall be
allowed to be located within five (5) feet of a side
property line. Crossover structures shared by two
adjacent parcels may be located on and over the common
boundary between the two adjacent parcels if located in
a common beach access easement. No crossover structure
shall be located within any easement other than a beach
access easement.
(q) Screening enclosures, patios, and decks. No screening
enclosures, patios, or decks shall be located closer
than (10) feet to any rear property line or five (5)
feet to any easement for Utilities, drainage, or access,
whichever is greater.
Parking of commercial vehicles in residential areas
(a) Restrictions on the parking of commercial vehicles in
residential areas. No commercial vehicles shall be
parked overnight nor for an extended period (more than
ten (10) hours in any calendar month) on any
residentially used lot, in the street abutting such lot,
or on residentially zoned land, not including the A-1 or
A-2 District, except:
1. Commercial vehicles not exceeding three-quarters
(3/4) ton rated capacity used by the resident of
the premises, limited to one per premises and
221
parked off-street in a garage, carport or driveway.
No construction or similar materials shall be
stored or transported on the outside of such
vehicles.
2. Commercial vehicles temporarily parked on a lot for
the purpose of providing construction,
transportation, or other services specifically for
the location where such vehicles are parked.
3. In no case shall a commercial vehicle which is used
for hauling explosives, gasoline or liquefied
petroleum products be permitted to be parked for an
extended period in.a residential area.
(4) Parking or storage of vehicles.
(a) Parking or storage of junk vehicles. No junk vehicle
shall be parked, and no motor vehicle frame, vehicle
body, or vehicle body part shall be stored on
residentially zoned or used property unless expressly
permitted by this chapter, except when parked or stored
in a completely enclosed garage or building. In any
agricultural district, one such vehicle is permitted in
the rear yard, completely screened from view of
neighboring homes and properties.
(b) Parking or storage of automobiles. A maximum of three
(3) automobiles (not including recreational vehicles) may
be parked in an unenclosed area on a single family zoned
lot. However, one additional vehicle for each licensed
driver permanently residing at the premises may be parked
on the lot. No automobile may be parked or stored in any
required yard area. The provisions of this section shall
not preclude the parking of automobiles by persons
visiting a single family home.
(5) Setback requirements.
(a) Street and road setbacks. In the event of the recording
of any proposed street or road in the office of the Clerk
of the Circuit Court of Indian River County, or in the
event of the designation or establishment by the Board of
County Commissioners of any proposed public street or
road, the same shall thereupon immediately be used as the
reference point for the purpose of determining setbacks
for new construction under the terms of this ordinance.
This provision shall not prevent the reconstruction of a
full or partially damaged or destroyed legally
nonconforming structure so long as the rebuilt structure
is consistent with the county's building code.
(b) Required setbacks from natural waterbodies. All
residential properties which abut the intracoastal
waterway, Indian River or other natural water bodies
shall provide for a minimum rear yard setback of fifty
(50) feet for unplatted parcels and twenty-five (25) feet
222
for existing platted lots, between all structures and the
waterbody. In no case, however, with references to
existing parcels or lots of record, shall the buffer
exceed twenty (20) percent of the parcel or lot depth
perpendicular to the applicable waterway. Additional
setbacks may apply to properties adjacent to the St.
Sebastian River and Indian River Lagoon Aquatic Preserve
as set forth in Chapter 929, Upland Habitat Protection.
(c) S.R. 60 front building setback requirement. All
developments adjacent to S.R. 60 right-of-way shall have
a minimum front setback of seventy-five (75) feet from
the S.R. 60 right-of-way.
(6) Required corner visibility.
(a) Location. On every corner lot, the triangle formed by
the street lines of such lot and a line drawn between
points on such street lines which are thirty (30) feet
from the intersection thereof shall be clear of any
structure or planting of such nature and dimension as to
obstruct lateral vision; provided that this requirement
shall generally not apply to the trunk of a tree, (but
shall apply to branches and foliage), or a post, column
or similar structure which is no greater than one foot in
cross section or diameter. In addition,.when applicable,
all sight_:distance _requirements .of- the Indian River
County landscape chapter shall also be maintained.
(b) Vertical _clearance. Such lateral vision shall be
maintained between a height of thirty (30) inches and ten
(10) feet above the average elevation of the existing
surface of both streets measured along the center lines
adjacent to the visibility triangle.
Unenclosed storage of recreational vehicles, trailers and
boats.
(7)
(a) Any recreational vehicle not in normal daily usage for
transportation of the occupants of the residence shall be
considered as "stored" for purposes of this chapter.
(b) Unenclosed storage of trailers, campers and boats;
restrictions in Residential Zoning Districts.
Recreational vehicles and boats may be stored on any lot.
However, any trailers, campers or boats which are stored
in unenclosed areas on any single family or two family
lot in any residential zoning district shall meet the
following standards:
1. Ownership of recreational vehicles and boats;
authorized storage. Such storage shall be limited
to vehicles owned by the occupant(s) of the
residence or the house guests of the occupant(s).
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2. Limitation on number of recreational vehicles. Not
more than one recreational vehicle per dwelling
unit may be stored in an unenclosed area upon each
site, except that one additional recreational
vehicle per dwelling unit may be parked on the
property for a period not in excess of two (2)
weeks in any continuous time period or six (6)
weeks in any one-year period.
3. Limitation on number of boats. No more than one
boat per dwelling unit shall be stored in an
unenclosed area upon each site except that one
additional boat per dwelling may be parked on the
property for a period not in excess of two (2)
weeks in any continuous time period or six (6)
weeks in any one-year period.
4. Location of unenclosed storage areas. Such storage
shall not be located in any required front or side
yard, or any easement; except that such vehicles
may be stored on a designated driveway.
5. Licensing. Recreational vehicles and boat trailers
shall have a valid motor vehicle license at all
times.
6. Use limitations. Recreational vehicles and boats
shall not be used for office or commercial
purposes, nor for sleeping, housekeeping or living
quarters while so stored.
." No public facilities hook-ups. No service
facilities, such as water, sanitary, or electrical
connections shall be attached; except a temporary
electrical extension connected to the vehicle for
battery charging or to facilitate repair is
permitted.
8. Limitation on length of recreational vehicles;
variances. No recreational vehicle so stored shall
be in excess of thirty-two (32) feet in length,
provided that in the event of undue hardship
petitions for a variance to this chapter as to the
length requirements maybe filed and heared by the
Indian River County board of zoning adjustment.
The board of zoning adjustment, in its
consideration of any such appeal, may consider the
size of the vehicle, the lot size in question and
the availability of adequate safeguards to protect
the neighborhood.
(c) Storage of recreational vehicles and boats in multifamily
residential areas. In any apartment, condominium or
other multifamily use, recreational vehicle and boat
storage may be permitted in a portion of a project which
is specifically designated for recreational vehicle
and/or boat parking; however, screening measures may also
be required as a condition of site plan approval. No
recreational vehicle or boat may be stored in the parking
lot of a multi -family development, unless such parking
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lot has been designated on the approved site plan for the
development as recreational vehicle storage area.
Sec. 911.16 Administrative Procedure
The procedure for amendments to the zoning chapter and the official
zoning atlas is set forth in Chapter 902, Administrative
Mechanisms.
u\v\ldr\chap911
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CHAPTER 912
SINGLE FAMILY. DEVELOPMENT
Section 912.01 Title
Section 912.02 Purpose and Intent
Section 912.03 Definitions
Section 912.04 Applicability and Relationship to Other Regulations
Section 912.05 Allowable Uses: Where Single Family Uses are
Allowed and Other Uses Are Allowed in Single Family
Areas
Section 912.06 Property "Buildability": Determining if a Parcel
Can Be Built Upon
Section 912.07 Locating Structures on a Property
1. Setbacks and Height Limitations
2. Easements
3. Rights -of -Way
4. Access and Driveway Regulations
5. Wetlands Regulations
6. Tree Protection, Tree Removal, and Land
Clearing Regulations
Section 912.08 Drainage: Stormwater Management and Flood
Protection
Section 912.09 Water and Wastewater: Utilities, Wells, and Septic
Tanks
Section 912.10 Construction: Building Permit Review, Approval,
Inspections
Section 912.11 Concurrency
Section 912.12 Impact Fees
Section 912.13 Moving, Razing, and Replacing a Structure
Section 912.14 Fences and Walls
Section 912.15 Accessory Uses and Structures
Section 912.16 Excavation, Mining, and Ponds
Section 912.17 Parking and Storage
Section 912.18 Public Nuisance and Noise
Section 912.19 Non -conformities and Related Restrictions
Section 912.20 Summary Table: Permits and Approvals Required
Section 912.01 Title. This chapter, the terms and provisions
contained herein shall be known as the "Single Family Development
Ordinance" of Indian River County, Florida.
Section 912.02 Purpose and Intent
The purpose and intent of this chapter is to establish regulations
to protect and further the health, safety, and welfare of Indian
River County residents in regards to single-family development,
and to present and explain other regulations affecting properties
which may be developed and used for single family residential
purposes. It is also the purpose and intent of this chapter to
establish regulations in conformance with the adopted
comprehensive plan and other land use regulations.
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Section 912.03 Definitions
All terms used in this chapter are defined in chapter 901.
Section 912.04 Applicability and Relationship to Other Regulations
This chapter establishes certain regulations which are found only
within this chapter (912). Other regulations are presented or
referenced in this chapter, although they may occur in other
chapters, because such regulations affect single family
development. Thus, this chapter also functions as a reference for
a range of land development regulations that apply to single
family development. The regulations contained, described or
referenced within this chapter are not exhaustive. This chapter
should not be construed to represent an exclusive list of all
requirements applicable to single family residential development
and uses within the unincorporated area of Indian River County.
In all cases, the regulations and provisions found or referenced
in this chapter apply to single family development.
Section 912.05 Allowable Uses: Locations for Single Family
Development and Uses Allowed in Single Family Areas
(1) Locations for Single Family Development.
Single family development and use is allowed in various
comprehensive plan land use designated areas and within
various zoning districts. Single family residential
development is allowed in the following land use plan
designated areas and within the following zoning districts:
Land Use Plan Designated Areas:
C-2, Conservation -2
AG -1, Agriculture
AG -2, Agriculture
R, Rural
L-1, Low -1
L-2, Low -2
M-1, Medium -1
M-2, Medium -2
Zoning Districts:
Con -2, Conservation; 1 unit per 40 acres
A-1, Agriculture up to 1 unit per 5 acres
A-2, Agriculture up to 1 unit per 10 acres
A-3, Agriculture up to 1 unit per 20 acres
RFD, Rural Fringe Development up to 1 unit per 2.5 acres
RS -1, Residential Single Family up to 1 unit per acre
RS -2, Residential Single Family up to 2 units per acre
RS -3, Residential Single Family up to 3 units per acre
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RS -6, Residential Single Family up to 6 units per acre
RT -6, Residential Two -Family up to 6 units per acre
RM -3, Residential Multi -Family up to 3 units per acre
RM -4, Residential Multi -Family up to 4 units per acre
RM -6, Residential Multi -Family up to 6 units per acre
RM -8, Residential Multi -Family up to 8 units per acre
RM -10, Residential Multi -Family up to 10 units per acre
R -SCID, Residential, Blue Cypress Improvement District: see
special regulations, chapter 911 (Zoning)
ROSE -4, Roseland Residential District: see special
regulations, chapter 911 (Zoning)
PRO, Professional Office
OCR, Office, Commercial, Residential
(2) Within the land use designations and zoning districts
referenced in section 912.05(1), uses and related structures
other than single family dwelling units are allowed as either
permitted, administrative approval, or special exception
uses. More specific information regarding allowable uses
within these districts is contained in chapter 911, Zoning.
(3) Accessory Uses and Structures.
(A) Uses and structures accessory to a single family
dwelling may be allowed upon a property as provided for
by the definition of accessory use and accessory
structure in Chapter 901; these definitions are as
follows:
Accessory Use - A use which:
(a) Is clearly incidental to, customarily found in
association with, and serves a principal use;
(b) Is subordinate in purpose, area, and extent to
the principal use served; and
(c) Is located on the same lot as the principal
use, or on an adjoining lot in the same
ownership as that of the principal use.
Accessory Structure - A structure which is customarily
associated with, subordinate in size and incidental in
use to the principal structure and located on the same
site. Examples are tool sheds and garages.
(B) Allowable accessory structures include, but are not
limited to, the following:
1. air conditioners and similar mechanical equipment
2. docks and accessory waterfront structures (piers,
observation platforms, and other similar
structures)
3. swimming pools and related structures
4. play equipment, tree houses, lights, outdoor
furniture and mailboxes
5. patios, terraces, porches, walkways, gazebos, decks
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6. walls and fences
7. garages, carports
8. utility buildings, workrooms, sheds
9. parking areas and driveways
10. sidewalks
11. steps
12. balconies, outside stairways
*13. guest cottages, servants quarters
*14. satellite dishes and antennas
*15. greenhouses
16. fuel tanks having a holding capacity of up to 200
gallons
*17. transmission and/or reception towers 70' or shorter
in height
*18. dune crossover structures
*NOTE: these uses/structures must meet specific zoning
requirements found in section 912.15 of this
chapter
(C) Prohibited accessory structures include but are not
limited to:
1. fuel tanks having a holding capacity of over 200
gallons,
2. transmission towers over 70' in height
3. any structure or facility used for commercial or
industrial processes or storage of stock in trade
(4) Temporary Uses. Certain temporary uses and related
structures are allowed in areas where single family
development is allowed; these are as specified in chapter
972, Temporary Uses. Portions of those regulations are
restated herein.
(A) Temporary Construction Trailers, Storage Facilities,
Watchman's Quarters. Temporary construction trailers,
temporary construction storage facilities, and
watchmen's quarters which are used temporarily in
connection with construction activities may be
permitted to locate in any zoning district under a
temporary use permit issued by the community development
director if the following requirements are met.
(1) Temporary use permits for construction trailers and
temporary construction storage facilities may be
issued for temporary trailers for a period of up to
one year. Upon showing of good cause, such permits
may be renewed annually by the community
development director. In no case shall a permit be
renewed for a period of time which extends beyond
the termination date of an active building permit
for the project.
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(2) Construction trailers may be allowed in conjunction
with construction of subdivision improvements, and
in conjunction with the construction of model and
display homes in subdivisions for a period of up to
but not exceeding one (1) year from the date of
final plat approval.
No watchman's quarters trailers are allowed in the
RFD, RS -1, RS -2, RS -3, RS -6, or RT -6 zoning
districts. No construction storage facility or
construction trailers exceeding two hundred sixty
(260) square feet in area may be allowed in the
RFD, RS -1, RS -2, RS -3, RS -6, or RT -6 zoning
districts or within a single family subdivision
development, except as allowed for construction
trailers in section (4) (A) (2) above.
(4) Watchman's quarters trailers or recreational
vehicles may be allowed only in the A-1, A-2 or
A-3 zoning districts upon issuance of a building
permit to construct a residence and temporary use
permit to temporarily allow the trailer or
recreational vehicle. No such watchman's quarters
trailer permit shall be allowed for a period of
more than one (1) year; no extensions shall be
granted.
(5) Garage Sales and Yard Sales. Garage sales and yard sales are
allowed to be conducted from any residence, with the
following restrictions:
(3)
(A) no sale shall be conducted for more than three (3)
consecutive days;
(B) no more than three (3) sales may be conducted from any
residence or site in any given calendar year; and
(C) garage sale signs are allowed only as specified herein.
The number, size, location, and other characteristics of
garage sale or yard sale signs are as follows.
1. One (1) on -premise garage sale sign per street
frontage may be maintained between the hours of 6
a.m. and 5 p.m. The sign shall not exceed four (4)
square feet. Said signs shall be located outside
of rights-of-way, within property lines, and shall
maintain a ten (10) foot setback from all adjacent
property lines, excepting the road right-of-way
from which no setback is required.
One additional off -premise garage sale sign may be
maintained per entry into a subdivision or
development in which a garage sale is taking place.
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No more than one (1) such sign may be placed at
each respective point of entry to a subdivision or
development. Such sign may be located within a
road right-of-way provided the sign is:
a. Located at least eight (8) feet from any
roadway;
b. Constructed as a breakaway sign;
c. No more than three (3) feet in height measured
from the crown of the adjacent road;
d. Maintained only during the hours of 6 a.m. to
5 p.m.; and
e. No greater than four (4) square feet in area.
No on or off premises garage sale signs shall be
maintained for a period exceeding three (3)
consecutive days and shall not be maintained for
more than a total of nine (9) days during a
calendar year.
These requirements are a restatement of a section
chapter 956 of the sign ordinance.
No permit from the planning division is required to be issued
to conduct a garage sale in accordance with these
regulations.
(6) Home occupations.
(A) Authorizations. Home occupations are permitted in any
dwelling unit subject to the following provisions.
(B) Authorized Home Occupations. The following home
occupations shall be permitted uses, subject to the
requirements of this section and the respective zoning
district.
1. Artists and sculptors.
2. Authors and composers.
3. Dressmakers, seamstresses and tailors.
4. Computer programming.
5. Home crafts, such as model making, rug weaving,
lapidary work, and ceramics.
6. Office facility of a minister, rabbi, priest or
other similar person associated with a religious
organization.
7. Office facility of a salesman, sales
representative, or manufacturers representative,
provided that no retail or wholesale transactions
are made on the premises, and that no clients are
attracted to the premises.
8. Telephone answering services.
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9. The renting of not more than one room for rooming
or boarding persons who are not transients.
10. Similar uses which do not involve retail or
wholesale sales transactions on the premises,
employment of persons other than occupants of the
dwelling, and any mass production assembly,
processing, or fabrication operations.
(C) Non -Authorized Home Occupations
The following are not permissible home occupations:
1. Automotive repair or paint shops.
2. Barber shops and beauty shops.
3. Child care centers.
4. Dog grooming services.
5. Food service establishments.
6. Funeral chapels, funeral homes.
7. Giftshops
8. Massage parlors.
9. Nursing homes.
10. Medical or dental laboratories.
11. Outdoor repair.
12. Rental of any equipment or other items.
13. Restaurants.
14. Veterinary hospitals and clinics.
15. Similar uses not strictly in compliance with this
section and the spirit and intent of the zoning
Ordinance and the Indian River County Comprehensive
Plan.
(D) Use Limitations. In addition to the regulations
applicable in the zoning district in which located, all
home occupations shall be subject to the following
limitations and requirements.
1. Location.
A home occupation shall be conducted within a
dwelling which is the bona fide residence of the
principal practitioner or in any building accessory
thereto which is normally associated with a
residential use.
2. Merchandise.
No stock in trade shall be displayed or sold on the
premises.
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3. Exterior Alterations.
No alterations to the exterior appearance of the
principal residence or premises shall be made which
changes the character thereof as a residence.
4. Outdoor Display or Storage.
No outside display of goods or outside storage of
equipment or material used in the home occupation
shall be permitted.
5. Employees.
No persons other than a member of the immediate
family occupying such dwelling shall be employed on
the premises.
6. Level of Activity.
The use of the dwelling unit for the home
occupation shall be clearly incidental and
subordinate to its use for residential purposes by
its occupants, and shall under no circumstances
change the residential character thereof.
7. Traffic/Parking.
No traffic shall be generated by such home
occupation in greater volumes than would normally
be expected in a residential neighborhood, and any
need for parking generated by the conduct of such
home occupation shall be met off the street.
8. Equipment Processes.
No equipment or process shall be used in such home
occupations which creates noise, vibration, glare,
fumes, odors, or electrical interference detectable
to the normal senses off the premises. In the case
of electrical interference, no equipment or process
shall be used which creates visual or audible
interference in any radio or television receivers
off the premises.
9. Signs.
No signs accessory to such home occupation shall be
displayed except as permitted or authorized by
applicable County sign regulations.
10. Licenses, Permits.
A home occupation shall be subject to all
applicable licenses and permits.
(E) Application and Fees.
Any person desiring to establish a home occupation, as
authorized herein, shall submit an application for a
home occupation permit to the planning division. The
application shall be on a form provided by the planning
division and shall include all information required for
a complete application. All such applications shall
also be accompanied by a fee, as established by the
board of county commissioners. Applications shall be
approved, approved with conditions, or denied by the
community development director.
(F) Appeal of Community Development Director Decisions.
The community development director's decision on a home
occupation application may be appealed within 10 working
days of the date the decision is rendered. Any appeal
may be made by an applicant or affected party. Any
valid appeal must be received in writing by the planning
division within 10 working days of the director's
decision. The appeal shall state what aspect of the
decision is being appealed and the reasons for and
justification for the appeal with specific reference to
the regulations and requirements of this subsection.
The appeal shall be heard by the planning and zoning
commission. Decisions of the planning and zoning
commission may be appealed to the board of county
commissioners. The appeal process is also defined in
chapter 902 of the land development regulations.
(7) Special Uses.
(A) General Description of Use Categories. All properties
in the unincorporated area of the county are located
within one or more zoning districts, as shown in the
official county zoning atlas (original and copies kept
in the planning division). The zoning district
regulations of chapter 911 of the land development
regulations specify what uses are allowed in any given
zoning district. Uses that are allowed are classified
in one of three ways: "permitted", "administrative
permit", or "special exception".
1. Permitted uses are the types of uses found
throughout the zoning district which are allowed
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"by right" upon meeting the applicable land
development criteria. General development
standards apply.
2. Administrative permit uses are considered
appropriate in the zoning district upon meeting
specific development criteria, as well as general
development standards. Administrative permit uses
must be approved by the planning and zoning
commission.
3. Special exception uses are those uses most closely
scrutinized for the appropriateness of the use and
the intensity, characteristics, and specific
location of the use. Special exception uses must
meet specific development criteria, as well as
general development standards, and must be
considered by the planning and zoning commission
and approved by the board of county commissioners
at public hearings.
The specific development criteria that apply to
administrative permit and special exception uses are
specified in chapter 971, Regulations for Specific Land
Uses.
(B) Specific Administrative Permit and Special Exception
Uses. The many zoning districts which allow single
family development allow various uses by administrative
permit and special exception approval, as established in
Chapter 911, Zoning.
Section 912.06 Property "Buildability"; Determining if a Parcel
Can Be Built Upon.
No property may be built upon unless it was legally created, in
conformance with the subdivision ordinance (chapter 913) and the
applicable zoning district lot dimensional standards found in
chapter 911, Zoning.
(1) Determination of legal parcel creation. A parcel shall be
determined to be legally created in compliance with the
regulations of this chapter if the parcel meets one or more
of the following:
(A) the parcel was created under an applicable exemption set
forth in section 912.06(2) below; or
(B) the parcel is part of an approved subdivision plat
recorded in the official plat book sections of the
public records; or
235
(C) the parcel was created as part of an approved affidavit
of exemption as provided for in the affidavit of
exemption section of this chapter; or
(D) the parcel was created in such a manner that does not
constitute an unlawful activity as specified in section
912.06(3) below;
No building permit shall be issued for construction of any
improvements on a parcel that was not legally created in
compliance with these regulations.
(2) Exemptions. The following activities shall be exempt from
the provisions of this chapter:
(A) Creation of equal or larger building sites from lots of
record.
1. The combination or recombination of all or a
portion of previously created and parcels of record
where the newly created and resulting parcels
comply with all applicable zoning district
dimensional criteria or, where applicable, the
regulations governing nonconformities.
2. The combination or recombination of all or a
portion of previously platted parcels of record are
exempt where none of the newly created or residual
parcels contain less area, width or depth than the
smallest of the original parcels of record being
combined and no streets of any kind or public
easements are created, changed or extinguished.
(B) Boundary settlements. Any conveyance between adjoining
landowners if:
1. The purpose of the conveyance is to adjust or
settle the common boundary line between adjoining
landowners;
2. The deed of conveyance or other legal instrument
states such purpose and is recorded in the official
records of Indian River County; and
3. The resulting parcel(s) conform to the applicable
zoning district dimensional criteria.
(C) Conveyance to government. Any division of land for the
purpose of conveying land to any federal, state or local
government entity or agency or public utility, provided
such conveyance is accepted by the grantee by an
236
instrument recorded in the
River County.
Division by order of court.
order of a court of competent
public records of Indian
Any division of land by
jurisdiction.
Corrective instrument. Any conveyance for the purpose
of correcting an error made in the language used in an
original conveyance.
Forty (40) acre tracts. Any division of land where all
parcels resulting from the division contain forty (40)
acres of land or more and no public easements or streets
are created. When the tract prior to dividing is a size
which is not an even multiple of forty (40) acres, a
fractional breakdown resulting in lots of equal size
which are larger than thirty eight (38) acres also
qualifies for the exemption.
Notwithstanding this exemption for the creation of
parcels forty (40) acres or greater in size, any
proposal or aggregate proposals to create fifty (50) or
more parcels forty (40) acres or greater in size shall
be deemed to constitute a subdivision and shall require
approval as a subdivision. All provisions of this
chapter shall apply.
(G) Platting of a portion of a tract. Platting of a portion
of a parcel or tract, under the terms and procedures of
chapter 913, Subdivisions and Platting, shall not
constitute a splitting of that parcel or tract.
(3) Unlawful activity. It shall be unlawful and subject to the
penalties provided herein for any person to:
(A) Create a subdivision without first complying with the
provisions of this chapter and filing a plat approved by
the board of county commissioners unless exempt under
section 912.06(2) above. The dividing of land into two
(2) or more parcels without filing a plat under the
provisions of this chapter, where the land divided was
the result of a previous division of land into two (2)
or more parcels which occurred after July 23, 1983, is
prohibited.
(B) Divide property by any means for the purpose of sale or
transfer of title unless each of the resulting parcels
has at least the minimum area, width and depth
requirements prescribed by the zoning regulations and
land use plan of Indian River County as applied to the
lots created, unless exempt under section 912.06(2)
above.
237
(C) Divide property after December 8, 1973 by any means
where a resulting lot has frontage on a dedicated public
or private right-of-way (street) less than 60 contiguous
feet or has no frontage, unless exempted under section
912.06(2) above. Access, ingress/egress, or other
easements shall not be deemed to constitute a dedicated
road right-of-way unless previously dedicated to and
accepted by the county.
(D) Commence the construction of any improvements required
under the provisions and requirements of chapter 913,
Subdivisions and Plats, without first having obtained a
land development permit from Indian River County or fail
to construct or maintain improvements in accordance with
an approved land development permit, plat approval or
requirements of this chapter.
(E) Create a public or private right-of-way (street) without
platting in accordance with the applicable provisions of
this chapter.
(F) Divide any lot or tract in a platted subdivision that
was approved by the board of county commissioners of
Indian River County in a manner which results in a
construction site smaller than or inconsistent with the
surrounding lots in the subdivision unless approved by
the board of county commissioners.
1. Any request to divide a lot or tract in such a
manner shall be reviewed and considered as follows:
a. The technical review committee (TRC) shall
review the request and make a recommendation
to the planning and zoning commission.
b. The planning and zoning commission at a public
hearing shall review the request and make a
recommendation to the board of county
commissioners.
c. The board of county commissioners at a public
hearing shall review the request and approve,
approve with conditions, or deny the request.
2. Written notice of the public hearings shall be
mailed certified to each owner of property in the
subdivision at least fifteen (15) days in advance
of the hearing.
3. Prior to approval of a lot split, the board of
county commissioners shall determine that:
238
a. No substantial negative neighborhood impacts
are anticipated as a result of the split or
subsequent similar neighborhood lot splits;
b. The resulting lots conform to the applicable
county zoning requirements and state
regulations;
c. The resulting lots are buildable under current
regulations;
d. No substantial adverse impacts on existing
infrastructure are anticipated, as the result
of the split or subsequent similar
neighborhood lot splits, via the resulting
increase in density of intensity of use;
e. The impacts of the split or potential splits
will not degrade adopted levels of service to
unacceptable levels, pursuant to the
provisions of Chapter 910, Concurrency
Management.
f. The applicant certifies that he knows of no
recorded deed restrictions or covenants which
would prohibit the division or splitting of
the lots.
These provisions are edited and restated from subsections of
section 913.06 of the subdivision ordinance.
Section 912.07 Locating Buildings and Structures on a Property.
Many factors limit where a residence or other buildings and
structures may be erected or placed on a property. These factors
include (but are not limited to) zoning setbacks; easements; road
rights-of-way; access and driveway location regulations; wetlands
regulations; and tree protection, tree removal, and landclearing
regulations.
(1) Setbacks. Setbacks are areas measured perpendicular to
property lines within which no improvements may be located
except as allowed in section 912.07(1)(b)6. below. Setbacks
are applied to every property in the unincorporated area of
the county, and are established in every zoning district.
(a) All zoning districts require setbacks for front, rear,
and side yards. After verification from the planning
division, a parcel's setbacks can be determined based
upon the zoning district setbacks applied to the parcel
and the yard configuration of the parcel. Yard
239
configurations vary. Corner lots that have frontage on
two streets have two front yards.
(b) Special setbacks exist for various structures in various
locations.
1. S.R. 60: All developments abutting S.R. 60 shall
setback 75 feet from the S.R. 60 right-of-way.
2. Coastal Construction Control Line (CCCL) and Dune
Stabilization Setback Line (DSSL): Along the
Atlantic Ocean, special building setbacks and dune
vegetation protection lines have been established
where building and clearing are prohibited or
restricted. Further information can be found in
Chapter 932, Coastal Management.
3. Jungle Trail Protected Area: Special building
setbacks and vegetation protection areas have been
established along the entire length of the Jungle
Trail, located on the western portion of the north
barrier island. The planning division should be
contacted for further information on Jungle Trail
setbacks.
4. St. Sebastian River and Indian River: In
accordance with regulations from Chapter 929,
Upland Habitat Protection, the following apply to
parcels on the St. Sebastian and Indian rivers:
a. A fifty (50) foot shoreline protection buffer
for unplatted parcels, and a twenty five (25)
foot buffer for existing platted lots is
established on land parcels bordering the St.
Sebastian River or the Indian River Lagoon
Aquatic Preserve, measured from the mean high
water line is required. In no case, however,
with reference to existing parcels or lots of
record, shall the buffer exceed twenty (20)
percent of the parcel or lot depth
perpendicular to the applicable waterway.
b. Within the shoreline protection buffer, no
development shall be permitted with the
exception of docks, boat ramps, pervious
walkways and elevated walkways which provide
the property owner with reasonable access to
the waterway.
(I) No more than twenty (20) percent or
twenty five (25) feet, whichever is
greater, of any shoreline may be altered
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for reasonable access. Native vegetation
in the remainder of the shoreline
protection buffer shall remain unaltered,
except as may be allowed through county
trimming regulations.
c. Shoreline alteration shall be prohibited,
unless it is in the public interest or
prevents or repairs erosion damage, or
provides reasonable access to the water, does
not adversely impact water quality, natural
habitat or adjacent shoreline uses, and is
permitted by all applicable jurisdictional
regulatory agencies. Any native vegetation
removed in such instances, except as may be
allowed in
Chapter 929, shall be relocated or replaced
on-site with vegetation comparable in type and
amount.
5. Required corner visibility.
a. Location. On every corner lot, the triangle
formed by the street lines of such lot and a
line drawn between points on such street lines
which are thirty (30) feet from the
intersection thereof shall be clear of any
structure or planting of such nature and
dimension as to obstruct lateral vision;
provided that this requirement shall generally
not apply to the trunk of a tree, (but shall
apply to branches and foliage), or a post,
column or similar structure which is not
greater than one foot in cross section or
diameter. In addition, when applicable, all
sight distance requirements of the Indian
River County landscape chapter shall also be
maintained.
b. Vertical clearance. Such lateral vision shall
be maintained between a height of thirty (30)
inches and ten (10) feet above the average
elevation of the existing surface of both
streets measured along the center lines
adjacent to the visibility triangle.
6. Setbacks for certain types of structures are
reduced or waived, in accordance with the "yard
encroachment" provisions of Chapter 911, Zoning.
The following yard encroachments are allowed.
a. Structural overhangs. Cornices, awnings,
eaves, gutters or other similar structural
overhangs, at least seven (7) feet above
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grade, may extend up to four (4) feet into any
required yard, provided that no such overhang
shall extend to within six (6) feet of any
property line.
b. Sills and belt courses. Sills, belt courses
and similar ornamental features may extend six
(6) inches into any required yard.
c. Air conditioners and similar mechanical
equipment. Air conditioning equipment,
sprinkler system controls and similar
mechanical equipment (including utility pad
mounted equipment) may project into any
required yard provided that the equipment is
mounted in a manner contiguous to the
building.
d. Fire escapes, outside stairways, balconies,
chimneys and other similar appurtenances.
Open or enclosed fire escapes, outside
stairways, balconies, and chimneys and flues
may project up to four (4) feet into any
required yard, provided such projections shall
not unduly obstruct light and ventilation.
e. Docks and accessory waterfront structures.
Docks and other permitted accessory waterfront
structures are allowed within required yards,
excluding required side yards.
f. Swimming pools and related structures.
(I) Swimming pools. No swimming pool shall
be located closer than ten (10) feet to
any rear property line or five (5) feet
to any easement for utilities, drainage
or access, whichever distance is greater.
(II) Special yard situations.
a. On corner lots with one yard which
abuts a road right-of-way classified
as an arterial road on the county's
thoroughfare plan map, no swimming
pool shall be located closer than
ten (10) feet to the property line
abutting the arterial road, or five
feet to any easement for utilities,
drainage, or access, whichever
distance is greater, provided that
the yard adjacent to the arterial
g.
road is not the yard providing the
main entrance to the lot.
b. On lots where no rear yard, as
defined in Chapter 911, Zoning,
exists having a width at least one-
half (1/2) the applicable minimum
lot width, one side yard or side
yard area may be designated by the
property owner as a "rear yard" for
the purposes of applying the
regulations contained within this
section.
(III) Pool decks and patios. No deck or patio
constructed in conjunction with any
swimming pool shall be located within an
easement or closer than five (5) feet to
any property line.
(IV) Pool enclosures. No screen enclosures
for swimming pools shall be located
within an easement or closer than ten
(10) feet to the rear property line on
interior or corner lots. For purposes of
this paragraph, yards which are not
adjacent to the main entrance of the lot,
but which abut a road classified as an
arterial road on the county's
thoroughfare plan map shall be considered
rear yards. Pool enclosures shall not
encroach on the required rear yard on
either double frontage lots or corner
lots if the rear yard abuts or faces the
front yard providing the main entrance to
another lot.
Play equipment, lights, outdoor furniture.
Play equipment, wires, lights, outdoor
furniture, mailboxes, ornamental entry columns
and gates, and outdoor equipment are allowed
within required yards.
h. Unenclosed porches, steps and paved terraces.
An unroofed porch, steps or paved terrace area
may project into the front yard for a distance
not to exceed ten (10) feet.
i. Walls and fences. Fences and walls are
allowed within required yards, subject to the
j
provisions of Chapter 917, Accessory Uses and
Structures.
Utility buildings. Utility buildings or sheds
of one hundred (100) square feet or less may
be located within a required side or rear
yard, provided a minimum of five (5) feet is
maintained from the side or rear property line
and the utility building or shed is clear of
all easements. Only one such utility building
or shed may be allowed to encroach into a
required yard on a single lot or parcel of
land.
k. On single-family zoned lots, driveways must be
located a minimum of five (5) feet from the
nearest side lot line at the point of
intersection with the right-of-way. Driveways
may come within two (2) feet of a side lot
line, subject to the above 5' minimum setback
at the right-of-way line. Common or shared
driveways may be located across lot lines and
within sideyard setbacks when located within
recorded cross -access easements.
1. Sidewalks. Sidewalks are allowed to encroach
within required yards.
m. Planters. Planters for flowers and shrubs may
be extended up to four (4) feet into any
required yard setback provided that the
planter is constructed in a manner contiguous
to the building.
n. The following structures shall be exempted
from the minimum yard requirements:
underground utility equipment, clothes lines,
flag poles, mailboxes, police call boxes,
traffic signals, fire hydrants, light poles,
or any similar structure or device as approved
by the community development director.
o. Dune crossover structures serving one parcel
shall be allowed to be located to within five
(5) feet of a side property line. Crossover
structures shared by two adjacent parcels may
be located on and over the common boundary
between the two parcels if located in a common
beach access easement. No crossover structure
shall be allowed to be located within any
easement other than a beach access easement.
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P•
Screening enclosures, patios, and decks. No
screening enclosures, patios, or decks shall
be located closer than ten (10) feet to any
rear property line or five (5) feet to any
easement for utilities, drainage, or access,
whichever is greater.
7. The 35' 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:
Church steeples and spires;
Chimneys
Flag poles;
Silos;
Elevator towers;
Air conditioning and condensing units;
Windmills;
Aircraft control towers and navigational aids;
Utility transmission towers;
Solar energy collectors;
Transmission and receiving towers; and
Similar structures.
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 limitations. 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.
(2) Easements. An easement is the right of a person,
governmental agency, or public or private utility to use
public or private land owned by another for a specific
purpose. There are many different types of easements; these
include: access, utilities, drainage, buffering, and others.
Generally, construction is prohibited
245
within most easements; in some cases construction is
allowable over easements.
(a) Easements count toward required setback area. Setbacks
may "overlap" easement areas; easements may be counted
as setback area.
(b) Easements may be released (abandoned) if their function
is no longer necessary and if no potential future use is
needed.
(c) Covenants for removal of structures within an easement
may be approved, to permit the construction of a fence,
or other structure, with the provision that the
structure is removed at the owner's expense if
necessary.
In such covenants, the property owner acknowledges that
the construction is at the sufferance of the easement
holder and that the constructed improvement may be
removed by the easement holder without penalty or
expense. More specific information is contained in
Chapter 917, Accessory Uses and Structures.
Road Rights -of -Way. Road right-of-way is a strip of land
within which road, sidewalk or bikeway, drainage, and
utilities are or will be located. Front yards abut road
rights-of-way. Along county roads having deficient right-
of-way, right-of-way expansion and requirements can have a
great effect upon where new development can be located on
adjacent parcels. The more significant road right-of-way
deficiencies exist along the county's major thoroughfare,
listed as follows:
Major Arterials:
S.R. A.1.A. I.R. Blvd. I-95
C.R. 512 C.R. 510 S.R. 60
17th St. 27th Ave. 58th Ave.
Minor Arterials:
Roseland Rd.
82nd Ave.
41st St.
17th St. S.W.
Collectors:
Old Dixie
90th Ave.
43rd Ave.
69th St.
12th St.
20th Ave.
98th Ave.
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66th Ave.
53rd St.
4th St.
74th Ave.
73rd St.
65th St.
49th St.
33rd St.
8th St.
13th St. S.W.
61st St.
45th St.
26th St.
1st St. S.W.
21st S.W.
57th St.
37th St.
16th St.
5th St. S.W.
The following right-of-way regulations apply to the
development of new single family homes (included in the term
"projects") in the following restated section from chapter
952 of the Traffic ordinance.
(a) Right of Way Dedication or Acquisition. For all
projects requiring an Indian River County development
order, the land lying within the proposed development
which is necessary to widen or extend roadways to the
standards designated in the Indian River County
Thoroughfare Plan and implementing Right-of-way Width
table, or to provide adequate land area for utilities,
sidewalks and/or bikepaths shall be transferred to the
county as specified in this section, by the applicant
prior to the release of the site plan, preliminary plat
approval, or building permit issuance, as appropriate.
The county shall compensate the property owner for the
right-of-way transfer unless the right-of-way is needed
because of a site related impact.
1. General Requirements
a. An applicant for approval of a project
abutting a roadway which has an existing road
right-of-way deficiency shall transfer right-
of-way needed for site related roadway
improvements for that segment of the roadway
abutting the project, and shall enter into a
purchase contract or similar agreement with
the county to sell needed right-of-way for
future non -site related improvements, prior to
release of the approved site plan for the
project. Wherever a road right-of-way
deficiency exists, the deficiency shall be
made up by acquisition of equal amounts of
land from each side of the existing right-of-
way, except where:
I. A drainage district canal right-of-way or
a railroad right-of-way abuts one side of
the existing road right-of-way; or
II. At least one-half of the required road
right-of-way has been provided by the
property on the opposite side of the
existing road right-of-way;
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in which case, the entire road right-of-way
deficiency will be made up by acquisition of
land from the project site.
b. Applicants for projects located on roadways
where right-of-way deficiencies exist shall
bring the abutting road (local, collector, or
arterial) right-of-way up to local (minor)
road standards as defined in the traffic
circulation element. Said dedications are
deemed site related and necessary to serve the
proposed development itself and shall not be
creditable for compensation.
2. Dedication of Thoroughfare Plan Road Right -of -Way
Any applicant for approval of a project abutting a
roadway designated on the county thoroughfare plan
map where the roadway has a road right-of-way
deficiency shall sell to the county sufficient land
to make up his share of the road right-of-way
needed for non -site related improvements. The
applicant shall receive, through traffic impact fee
credits, or residential density transfers, or
direct payments where the county chooses to pay
cash, or any combination or other acceptable means
of compensation, one hundred (100) percent
compensation for the value of the undeveloped
condition of the land area dedicated for road
right-of-way, which exceeds any area needed to
bring the right-of-way up to county local (minor)
road standards. Where the county is to purchase
land for future right-of-way, the county shall
compensate the property owner based upon the
"undeveloped condition" of the land. This
compensation shall be agreed upon prior to project
approval, and the purchase shall occur prior to
issuance of a certificate of completion or a
certificate of occupancy for the project.
a. Exemptions
I. Where one hundred (100) percent
compensation cannot be provided through
traffic impact credit and density
transfers, and where the county chooses
not to pay cash, the applicant shall
dedicate an amount of land comparable in
value to the percent of compensation
provided, and the applicant shall be
encouraged to setback the balance of the
right-of-way deficiency; the location and
configuration of said dedication and
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setback areas shall be approved by the
public works director.
II. Where the applicant's project is
considered a minor site plan under the
terms of this ordinance, the applicant
may in lieu of dedication or sale
increase the building setbacks needed to
accommodate right-of-way deficiencies.
3. Dedication of Minor (local) Road Right -of -Way
Any applicant for approval for a project abutting a
public or private roadway classified as a minor (local)
road by the terms of the county traffic circulation
element shall dedicate sufficient land to make up his
share of the road right-of-way deficiency. There shall
be no compensation given for the dedication of minor
(local) road right-of-way. The public works director or
his designee may accept drainage and utility easements
in lieu of right-of-way, to make-up for small (up to
10') right-of-way deficiencies.
(4) Access and Driveway Regulations.
(a) Any application to construct a single family residence
shall include the location of the driveway(s). Said
driveway shall provide access to the residence and to
the off-street parking area(s).
1. For any single family residence proposed to be
constructed, the driveway(s) shall have a minimum
width of eleven (11) feet in the area where the
driveway is within the right-of-way.
(b) On single family parcels having frontage on more than
one roadway, access shall be restricted to the roadway
having the lower functional classification.
1. Where new residences are constructed or carports or
garages are constructed on single-family parcels
where access is restricted as provided in 4.(b)
above, garages and carports shall be designed and
oriented so as to be accessed by legal, conforming,
and approved driveways.
2. Right-of-way permits are required for connecting a
driveway(s) to either a county or a state road.
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The applicable county or state standards must be
satisfied.
(5) Wetlands regulations. Wetlands regulations restrict or
prohibit development within wetland areas, which generally
consist of water bodies, impoundments, or areas inundated by
water for a period of time. Wetlands may be close to or
connected to a waterbody or "isolated". Generally, the
following activities within wetlands are subject to
regulations and restrictions [restated from Chapter 928,
Wetlands and Deepwater Habitat Protection].
(a) No activity shall be allowed that results in the
alteration, degradation, or destruction of wetlands or
deepwater habitats except when:
1. such an activity is necessary to prevent or
eliminate a public hazard, provided wetland and
deepwater habitat functional loss is unavoidable
and minimized;
2. such an activity would provide direct public
benefits which would exceed the loss of wetland or
deepwater habitat functions and values, provided
there is a public need, nd wetland and deepwater
habitat functional loss is unavoidable and
_ minimized; or
3. such an activity is proposed for wetlands or
deepwater habitats in which the functions and
values currently provided are significantly less
than those typically associated with such habitats
and cannot
be reasonably restored, and preservation of the
habitat is not in the public interest.
(b) Mitigation shall be required for any activity that
results in the alteration, degradation, or destruction
of wetlands or deepwater habits, as provided for in
chapter 928.
(6) Tree protection, tree removal, and land clearing regulations.
Tree protection, tree removal., and land clearing regulations
can affect the development and maintenance of single family
parcels.
(a) Mangroves
vegetation
without a
division.
and dune (Atlantic Ocean beach area)
may not be removed, cleared, or trimmed
special permit issued by the planning
250
(b) No vegetation or trees may be cleared or removed within
established conservation easements, without a special
permit issued by the planning division.
(c) Parcels over 1 acre in size may not be cleared or
protected trees removed from said parcel without a
special permit issued by the planning division. A
protected tree is a "tree having a DBH of (four (4)
inches or more, all specimen and historic trees, and all
significant groupings of trees of the West Indian or
tropical origin of any size, and all mangroves
regardless of size; excluding, however, the following
trees, regardless of size or location:
Casuarina cunninqhmaiana - Australian pine
Casuarina lepidophlia - Australian pine
Enterolobium cyclocarpum - Australian pine
Melia azedarch - Chinaberry
Schinus terebinthifolius - Brazilian pepper tree
Melaleuca quinquenervia - Melaleuca, punk or paper tree
Cabbage palms (Sabal palmetto) and citrus trees of all
varieties shall not be considered to be protected trees,
but such trees shall be included in the tree survey in
the event the applicant chooses to make use of said such
trees as a credit against the trees otherwise required
under an applicable landscaping regulation or
requirement."
(d) Exemptions from county tree protection, tree removal,
and land clearing regulations include the following:
1. The removal, trimming, pruning or alteration of any
unprotected tree or other vegetation as necessary
for:
a. The clearing of a path not to exceed four (4)
feet in width to provide physical access of
view necessary to conduct a survey or site
examination for the preparation of subdivision
plats, site plans, or tree surveys; or
b. The clearing of a path not to exceed ten (10)
feet in width to provide vehicular access
necessary to conduct soil percolation and/or
soil bore tests on a property, provided such
clearing or removal is conducted under the
direction of a Florida registered surveyor or
engineer.
2. Routine landscape maintenance such as trimming or
pruning of vegetation which is not intended to
251
result in the eventual death of the plants, mowing
of yards or lawns, or any other landscaping or
gardening activity which is commonly recognized as
routine maintenance or replacement. This exemption
shall be construed to allow routine maintenance of
dune vegetation growing seaward of the coastal
construction control line, provided sufficient
documentation evidencing express permission for
such activity from the Bureau of Beaches and Shores
of the Department of Natural Resources of the State
of Florida.
3. The removal, trimming, pruning or alteration of any
tree or vegetation in an existing utility easement
or right-of-way provided such work is done by or
under the control of the operating utility company
and said company has received all necessary
licenses or permits to provide utility service
within the easement.
4. The removal, pruning, trimming or alteration of any
tree or vegetation for the purpose of maintaining
existing access to a property.
5. Any tree which has been destroyed or damaged beyond
saving, or which constitutes an immediate peril to
life, property, or other trees, may be removed
without a permit.
6. Tree removal, land -clearing, or grubbing of any
vegetation, except mangrove or dune vegetation,
upon any detached single-family residential lot or
parcel of land having an area of one (1.0) acre or
less; provided, this exemption shall not be
construed to allow land -clearing, grubbing, or tree
removal without permit of any such lot or parcel by
its subdivider unless the subdivider intends in
good faith to forthwith begin construction of a
dwelling unit or units upon said lot.
Advertisement or listing for sale of the particular
lot or parcel without the dwelling unit shall
create a presumption that the subdivider does not
intend to forthwith begin such construction and
that the intent is for the lot or parcel to be
developed by a subsequent purchaser.
Section 912.08 Drainage: Stormwater Management and Flood
Protection
Drainage and flood protection regulations are applied to the
construction of single family homes. In many newer subdivisions
complete drainage systems have been constructed to address most,
252
if not all, drainage concerns. Nonetheless, lots must be filled
and graded in such a manner as to meet the county's stormwater
management requirements (chapter 930, Stormwater Management
and Flood Protection). The following stormwater management and
flood protection regulations apply to single family development.
(1)
All of Indian River County has been surveyed for flooding and
stormwater characteristics by the federal government; all
areas have been mapped and assigned to various zones. Some
areas are located in flood zones. Flood zone maps are
maintained by the planning division.
(a) Prior to constructing a single family home on a parcel
located in a "Flood Hazard Zone", a Type "C" stormwater
management permit must be obtained from the public works
department.
(b) Minimum finished floor elevations are required for all
single family development. The minimum elevation figure
can be obtained along with the flood zone information by
contacting the planning division.
(c) In applying for a building permit to construct a new
single family home, the following requirements must be
addressed.
Each applicant for single-family home building permit
approval shall submit a conceptual drainage plan, as
part of his parcel survey, if the building lot or parcel
is not located in a subdivision having a positive
drainage system previously approved by the Public Works
Director. A list of "Previously Approved" subdivisions
shall be on file at:
The Building Division
The Public Works Department, and
The Planning Division
The conceptual drainage plan shall depict on a survey
the existing and proposed stormwater management system
including swales, approximate finished floor elevations
of proposed structures, finished floor elevations of
existing structures on adjacent property, physical
location and centerline elevations of the roadway
providing access to the site, transition grades to
adjacent property, and off-site tributary drainage
entering the property, and other pertinent information
as may be required by the Public Works Director.
All conceptual drainage plans must be approved by the
Public Works Director prior to the issuance of a
building permit. The Public Works Director shall
approve conceptual drainage plans and approve revisions
253
to such plans, if it is determined that by constructing
in accordance with the plans:
Stormwater runoff
proper system,
Stormwater runoff
properties,
Side slopes do not exceed a maximum of 3 feet
horizontal to 1 foot vertical, and
shall be directed through a
shall not encroach upon adjacent
For sites that are not located in a flood hazard
zone, as defined in chapter 930, the minimum
finished floor elevation shall be a minimum of 18
inches above the crown of the adjacent road, unless
it can be shown that the natural ground elevations
provide for adequate control of runoff. For
applications covering sites within a flood hazard
zone, the conceptual drainage plan and proposed
construction shall meet the minimum floor
elevations and applicable cut and fill balance
requirements, if any, found in Chapter 930,
Stormwater Management.
No certificate of occupancy shall be issued until a
functional drainage system has been constructed that
meets items (1), (2), (3), and (4) listed above. The
Public Works Director may require construction of
retaining walls, roof gutters piped to directly
discharge into a swale or other outfall, underdrains, or
any other facilities deemed necessary to provide
adequate drainage.
Section 912.09 Water and Wastewater: Utilities, Wells, and Septic
Tanks
All single family homes must be served by potable water and
provide for wastewater treatment. These services include
centralized water and sewer utilities, individual potable water
wells, and individual septic tanks and drainfields. The following
regulations apply to these services.
(1) Utilities: Centralized water and sewer service is available
for some parcels and lots in the unincorporated county. Where
new homes are constructed on lots or parcels that are within
200' of a water and/or sewer line, that home must be hooked -
up to that line(s). Specific regulations are contained in
Chapter 918, Sanitary Sewer and Potable Water.
(2) Potable water wells: On site potable water wells may be used
where centralized water service is not available or otherwise
254
required if approved by the environmental health department
(Indian River County Public Health Unit) upon issuance of a
well permit. Certain locational and water quality standards
are applied to all potable well applications. Distances from
adjacent waterbodies, wells, and septic tanks and
drainfields, as well as the size of the single family parcel
are factors that affect if and where a well may be allowed.
In most circumstances, parcels not near utilities services
are allowed to be developed with wells; however, the overall
size of the residence may be limited by environmental health
regulations if the residence is to be built on a parcel less
that 1/2 acre in size.
(a) Wells are accessory structures, and may not be placed in
any road right-of-way.
(3) Septic tanks and drainfields: On site septic tanks and
drainfields may be used where centralized sewer service is
not available or otherwise required if approved by the
environmental health department (Indian River County Public
Health Unit) upon issuance of a septic tank permit. Certain
locational as well as soil condition standards are applied to
all septic tank permits. Distances from adjacent
waterbodies, wells, and property boundaries, as well as the
size of the single family parcel affect if and where a septic
tank and drainfield may be allowed. In most circumstances,
parcels not near utilities services are allowed to be
developed with septic tanks; however, the overall size of the
residence may be limited by environmental health regulations
if the residence is to be built on a parcel less that 1/2
acre in size.
(a) Septic tank and drainfield elevation requirements can
have a significant impact on the amount and type of fill
required for a parcel to be developed. Elevation and
fill requirements for septic tanks and drainfields are
determined by the environmental health department, and
can exceed the finished floor elevation requirements of
the flood protection regulations.
(b) No septic tank or drainfield shall be located in an
easement or within 5' of a perimeter property boundary.
Section 912.10 Construction: Building Permit Review, Approval,
Inspection
The building division reviews, approves, permits, and inspects
regulated construction activities.
(1) Construction activities for which application approvals
and/or permits are required include the following:
255
(a) Permits or approvals given over-the-counter (while you
wait) include:
- driveway construction/uncovered slab permit
- fence/wall permit
accessory structures permit
- demolition permit
- re -roofing permit
- minor alteration permit
- construction and subcontractor "trade" permits
(electrical, plumbing, mechanical)
(b) Permits or approvals requiring more detailed review
include:
- concurrency certificate
- construction of single family home (including
alterations/additions)
- tree removal and land clearing permit
- right-of-way permit
- type "C" stormwater management permit
- pond permit
- mangrove alteration permit
- temporary use permit
- home occupation permit
- release of easement
- covenant for removal of structure in easement
- drainage district permit (non -county)
- well and septic tank permit (non -county)
- DNR construction seaward of CCCL (non -county)
(2) No single family building permit application will be accepted
for review unless either a concurrency certificate has been
obtained or has been applied for.
(3) Once all permits are issued or approvals are given,
construction may commence in conformance with the issued
permit or approved application. Inspections are required and
conducted as indicated by the building division on the
permits, approved applications, and information materials
available at the building division office.
(4) Minor improvements, such as fences, receive a final
inspection which is the last approval given by the county
which allows full use of the improvement and indicates that
the improvement complies with all applicable county
standards. Major improvements, such as the construction of
a new home, requires the issuance of a "certificate of
occupancy" (C.O.) which is the last approval given by the
county which allows full use of the improvements and
indicates that the improvements comply with all applicable
county requirements.
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(a) Prior to the issuance of a C.O., "temporary power" may
be granted (e.g. to energize a house) to complete
construction or moving prior to actually occupying and
using the structure. Temporary power is granted only
after execution of a building agreement and posting
security. The security is forfeited if the agreement is
broken by the applicant.
Section 912.11 Concurrency
(1)
Intent. The intent of concurrency requirements is to ensure
that public facilities and services needed to support
development are available concurrent with the impacts of such
development. The level and quality of the public facilities
and services needed to support developments is known as a
"level of service". Level of service standards have been
established for roads, potable water, sanitary sewer, solid
waste, drainage and parks. A concurrency management system
has been established to ensure that no project, including the
construction of a new single family home, will have an impact
that degrades roads, potable water, sanitary sewer, solid
waste, drainage or parks below the established acceptable
level of service.
(2) Applicability. Concurrency approval, granted upon issuance
of a concurrency certificate, is required when a new single
family home is constructed.
(a) A "final concurrency certificate" shall be obtained
prior to issuance of a building permit.
(b) A separate application and review/approval process is
established for concurrency certificates.
(c) Due to the length of concurrency review, applicants for
single family home construction are urged to apply for
a concurrency certificate prior to applying for a single
family building permit.
(d) Impact fees shall be paid prior to the issuance of a
concurrency certificate.
(e) No single family building permit application will be
accepted for review unless either a concurrency
certificate has been obtained or applied for.
Specific regulations and procedures regarding concurrency
requirements are contained in Chapter 910, Concurrency
Management System.
257
Section 912.12 Impact Fees
County impact fees are required at the time of building permit
issuance. When impact fees are required, no building permit shall
be issued until the fees are paid.
(1) Traffic Impact Fees (T.I.F.'s) are required only when a new
home is constructed. Credit can be given if the new home is
replacing an old home that is located on the same parcel.
The fee is based upon a fee schedule adopted by the board of
county commissioners which takes into account where the home
is located. The county is divided into nine (9) traffic
impact fee districts. The T.I.F. varies from district to
district. Specific regulations are contained in Chapter 953,
Fairshare Roadway Improvements.
(2) Utilities Impact Fees for water and sewer service hook-up can
apply to new home construction or instances where an existing
home is being hooked into water and/or sewer services
(voluntarily or involuntarily).
Section 912.13 Moving, Razing and Replacing a Structure
County approval is required prior to moving or razing a single
family building or structure. Replacing a house while living in
an existing house, building a new house on the same parcel, and
then razing the old house, is allowed upon county approval as
provided for herein.
(1) No building or structure larger than 150 square feet shall be
moved into the county or from one parcel to another within
the county unless:
the building or structure complies or is made to comply
with all applicable building codes, and
- a special application is made by the owner or his agent
and is approved by the county.
(a) Special procedures and requirements, which include the
posting of a performance bond must be satisfied. The
procedures and requirements can be found by obtaining a
copy of Chapter 955, Moving of Structures.
(2) Razing a building or structure requires approval and the
issuance of a demolition permit by the building division.
(3) On any single family parcel, a new house may be built to
replace an existing (older) house on the same parcel while
the existing (older) house is being occupied upon
satisfaction of the following condition:
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(a) As part of the building permit application, the property
owner submits a notarized letter stating that:
- at no time will more than one dwelling be occupied
on the parcel
- no certificate of occupancy (C.O.) will be
requested for the new house until a permit to raze
the older house is obtained and an agreement is
executed by the property owner, guaranteed by
posted security, that the older house will be razed
within forty-five (45) days after the issuance of
a C.O. for the new house.
(b) No C.O. shall be issued for the new house until a permit
to raze the older house is obtained and an agreement is
executed by the property owner, guaranteed by posted
security, in an amount equal to 115% of the cost to raze
the house and remove and dispose of all debris,
committing the owner to having the older house razed and
all trash materials and debris removed from the parcel
within forty five (45) days of the date of issuance of
a C.O. for the new house. The agreement and posted
security shall be in a form deemed legally sufficient by
the County Attorney's Office.
Section 912.14 Fences and Walls
No walls or fences may be erected or replaced without first
obtaining a permit issued by the building division.
(1) Location. Generally, walls and fences cannot be placed or
replaced within road rights-of-way or within any type of
easement.
(a) Subject to easements and height restrictions specified
herein, walls and/or fences may be located up to a
property line, or along a property line if a common
easement exists among adjacent property owners that
allows for the "sharing" of a wall and/or fence.
(b) Height of walls and Fences.
1. Front Yard. Fences not exceeding forty-eight (48)
inches in height may be erected in the front yard
of any lot.
2. Side Yard. Fences not exceeding six (6) feet in
height may be erected in the side yard of any lot
provided they do not extend beyond the front
setback line.
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3. Rear Yard. Fences not exceeding six (6) feet in
height may be erected in the rear yard of any lot
within a zoning district, provided that no fence
shall be erected in a utility easement.
4. Fences not exceeding six (6) feet in height may be
erected in the front yard of any corner lot when
that yard does not provide the main entrance to the
lot and is adjacent to a road classified as a
collector road on the county's thoroughfare plan
map.
(c) Prohibited Walls and Fences; Residential Districts. No
barbed wire, electrical element, or other hazardous
materials shall be maintained as a fence or part of a
fence or wall in a residential district.
(d) Agricultural and Temporary Construction Fences. All
fences in agricultural districts and temporary fences
used at construction sites for the purpose of security
shall be exempt from the height provisions of this
section, provided corner visibility is maintained.
(e) Increased Height of Walls and Fences.
1. Administrative Approval. Higher fences and walls
than listed above and all barbed wire fences shall
require prior administrative approval by the
community development director. Before
administrative approval may be issued, the
community development director must first determine
that the structure will be visually compatible in
the area in which the fence or wall is to be
located and that the additional security provided
by such fence is reasonably necessary given the
location or use of the property. A determination
as to the visual compatibility of a fence or wall
with increased height shall be based upon:
a. the number of existing walls/fences located on
surrounding properties;
b. the proximity of the wall/fence relating to
the property; and
c. the height and design of the wall/fence in
relation to other fences/walls in the area.
If mandatory approval by an architectural control
or review board having authority in the
neighborhood or subdivision is required, then such
260
recommendation shall be received prior to a
determination by the community development director
under this provision, Any such architectural review
board decision shall be given substantial weight in
the county's review process.
2. Application and Fee. The applicant shall submit an
application and fee for administrative approval.
The application shall be provided by the planning
division, and the fee shall be established by
resolution of the board of county commissioners.
3. Appeals of Decision. If an applicant disagrees
with a determination made by the community
development director under these provisions, review
shall be available to the applicant by way of
written appeal to the planning and zoning
commission.
Section 912.15 Accessory Uses and Structures
(1) Specific requirements apply to the following accessory uses
as follows:
(a.) Guest cottages and servants quarters are allowed in the
single family zoning districts as special exception
uses, which requires site plan review, public hearings
before the planning and zoning commission and the board
of county commissioners and final approval by the board
of county commissioners. Special criteria are found in
chapter 971, Specific Land Use Criteria, which must be
satisfied by a site plan/special exception use
application prior to approval.
(2) Satellite dish antennas.
(a) Location Restrictions. No satellite dish shall be
located between any building and any front or side
property line except on corner lots which do not have a
rear yard in which case the dish may be placed in the
side yard.
(b) Screening from Residential Districts. All dish antennas
located within a residential district or which abut a
residential district shall provide for opaque screening
approved by the community development director in order
to shield the antenna from the view of surrounding
properties. The screening materials shall be located so
as to shield the proposed antenna from view of persons
standing at ground level on surrounding properties and
rights-of-way. The location and specification of all
screening materials shall be approved by the director of
community development.
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(3)
Greenhouses (non-commercial) are, by definition, strictly for
the personal enjoyment of the property owner. No special
approval for a greenhouse is needed if it does not exceed 200
square feet in area. Only a building permit, issued by the
building division, is required. All normal setbacks apply.
(a) Greenhouses (non-commercial) over 200 square feet in
size are allowed by administrative permit approval which
requires site plan review and approval by the planning
and zoning commission.
1. Special criteria, found in Chapter 971, Specific
Land Use Criteria, must be satisfied by the site
plan/administrative permit application. NOTE: in
no case shall the area of the non-commercial
greenhouse exceed 5% of the area of the site.
(4) Towers, transmission and/or reception. Towers shall be
measured the same as building height.
(a) Towers up to thirty-five (35) feet in height shall have
no location restrictions and will have normal setbacks
for the applicable zoning districts.
(b) Towers which are thirty-five (35) feet to seventy (70)
feet in height shall be restricted to locations which
are a distance of 110% of the height of the tower from
any perimeter property.
(c) Towers over seventy (70) feet are not allowed in single
family zoning districts. However, towers over 70' are
allowed in the A-1 and A-2 zoning districts.
(5) Beach access dune crossover structures.
(a) DNR as well as county approval of such structure is
required.
(b) Such structures shall be wood -pile supported and
elevated 24" - 30" above dune vegetation.
(c) Such structures shall be limited to one per single
family parcel unless otherwise approved pursuant to
Chapter 932, Coastal Management.
Further information and specifications are contained yin
Chapter 932, Coastal Management.
262
Section 912.16 Excavation, Mining, and
Ponds may be created on single family
pond permit from the environmental
planning division.
(1) Pond and pond permit regulations
from a subsection of Chapter 934,
A pond or ponds are allowed
provided that:
Ponds
parcels upon issuance of a
planning section of the
are as follows (restated
Excavation and Mining)
on a single family parcel
(a) The total surface area of the pond or ponds (at design
elevation) is not greater than one-half (1/2) acre in
size or thirty-five (35) percent of the lot, whichever
is more restrictive;
(b) No excavation takes place within fifty (50) feet of the
lot property line. Notwithstanding, in cases where the
pond is necessary to meet stormwater management cut and
fill balance requirements, said setback may be reduced
to 25% of parcel width perpendicular to a given lot
line, as applicable;
The excavation does not disturb any existing wetland;
Pond depth does not exceed twelve (12) feet;
Side slopes are not greater than one foot (1) vertical
to four (4) feet horizontal;
There will be no hauling of excavated material from the
property unless the excavation is conducted to satisfy
cut and fill balance requirements for stormwater
management purposes, as verified by the county engineer,
provided removal of excavated material off-site is the
minimum necessary to satisfy said requirements;
It is demonstrated that the pond excavation is the
minimum necessary to satisfy the intended use of fill on
site, as applicable; and
A pond permit is obtained from County Planning Division,
including the posting of a two hundred fifty dollar
($250.00) five hundred ($500.00) bond to be returned
upon verification by county staff that the above
criteria have been satisfied.
Section 912.17 Parking and Storage
As restated from the "General Provisions" subsection of Chapter
911, Zoning, the following regulations apply to parking commercial
263
vehicles, parking or storing vehicles and the storage of boats and
recreational vehicles, in residential areas.
(1) Parking of commercial vehicles in residential areas.
(a) Restrictions on the parking of commercial vehicles in
residential areas. No commercial vehicles shall be
parked overnight nor for an extended period (more than
ten (10) hours in any calendar month) on any
residentially used lot, in the street abutting such lot,
or on residentially zoned land, not including the A-1
and A-2 Districts, except:
1. Commercial vehicles not exceeding three-quarters
(3/4) ton rated capacity used by the resident of
the premises, limited to one per premises and
parked off-street in a garage, carport or driveway.
No construction or similar materials shall be
stored or transported on the outside of such
vehicles.
2. Commercial vehicles temporarily parked on a lot for
the purpose of providing construction,
transportation, or other services specifically for
the location where such vehicles are parked.
3. In no case shall a commercial vehicle which is used
for hauling explosives, gasoline or liquefied
petroleum products be permitted to be parked for an
extended period in a residential area.
(2) Parking or storage of vehicles.
(a) Parking or storage of junk vehicles. No junk vehicle
shall be parked, and no motor vehicle frame, vehicle
body, or vehicle body part shall be stored on
residentially zoned or used property unless expressly
permitted by this chapter, except when parked or stored
in a completely enclosed garage or building. In any
agricultural district, one such vehicle is permitted in
the rear yard, completely screened from view of
neighboring homes and properties.
(b) Parking or storage of automobiles. A maximum of three
(3) automobiles (not including recreational vehicles)
may be parked in an unenclosed area on a single family
zoned lt. However, one additional vehicle for each
licensed driver permanently residing at the premises may
be parked on the lot. No automobile may be parked or
stored in any required yard area. The provisions of
this section shall not preclude the parking of
automobiles by persons visiting a single family home.
264
(3)
Unenclosed storage of recreational vehicles, trailers and
boats.
(a) Any recreational vehicle not in normal daily usage for
transportation of the occupants of the residence shall
be considered as "stored" for purposes of this chapter.
(b) Unenclosed storage of trailers, campers and boats;
restrictions in Residential Zoning Districts.
Recreational vehicles and boats may be stored on any
lot. However, any trailers, campers or boats which are
stored in unenclosed areas on any single family or two
family lot in any residential zoning district shall meet
the following standards:
1. Ownership of recreational vehicles and boats;
authorized storage. Such storage shall be limited
to vehicles owned by the occupant(s) of the
residence or the house guests of the occupant(s).
2. Limitation on number of recreational vehicles. No
more than one recreational vehicle per dwelling
unit may be stored in an unenclosed area upon each
site, except that one additional recreational
vehicle per dwelling unit may be parked on the
property for a period not in excess of two (2)
weeks in any one-year period.
3. Limitation on number of boats. No more than one
boat per dwelling unit shall be stored in an
unenclosed area upon each site except that one
additional boat per dwelling may be parked on the
property for a period not in excess of two (2)
weeks in any continuous time period or six (6)
weeks in any one-year period.
4. Location of unenclosed storage areas. Such storage
shall not be located in any required front or side
yard, or any easement; except that such vehicles
may be stored on any designated driveway.
5. Licensing. Recreational vehicles and boat trailers
shall have a valid motor vehicle license at all
times.
6. Use limitations. Recreational vehicles and boats
shall not be used for office or commercial
purposes, nor for sleeping, housekeeping or living
quarters while so stored.
7. No public facilities hook-ups. No service
facilities, such as water, sanitary, or electrical
265
connections shall be attached; except a temporary
electrical extension connected to the vehicle for
battery charging or to facilitate repair is
permitted.
8. Limitation on length of recreational vehicles;
variances. No vehicle so stored shall be in excess
of thirty-two (32) feet in length, provided that in
the event of undue hardship petitions for a
variance to this chapter as to the length
requirements maybe filed and heard by the Indian
River County board of adjustment; the board of
adjustment in its consideration of any such appeal,
may consider the size of the vehicle, the lot size
in question and the availability of adequate
safeguards to protect the neighborhood.
Section 912.18 Maintenance and Public Nuisance and Noise
The county has adopted regulations designed to prevent or clean-
up nuisances such as the accumulation of garbage, trash, and high
weeds on parcels located in developed residential areas. Also,
the county restricts certain noise -making activities in and near
residential areas.
(1) Nuisances.
(a) Weed clearance. The accumulation of weeds in excess of
18" (maximum height) is prohibited on any lot with a
commercial or residential structure, or on a vacant lot
abutting such a lot with said structure(s), within a
platted, recorded subdivision where the platted lots are
a minimum of 50% developed. Parcels having agricultural
zoning are exempt from this prohibition.
Further information on this prohibition, including
notice and enforcement and penalties, are contained
Chapter 973, Public Nuisance.
(b) Junk and debris. No person shall discard, place,
abandon, accumulate, or permit or cause to be discarded,
placed, abandoned or accumulated any garbage, trash,
junk, debris, wrecked or unserviceable vehicle or the
parts thereof on property in the unincorporated areas of
the county unless such vehicles or parts are stored in
an enclosed structure or at an authorized junk or auto
wrecking yard.
Further information on this prohibition including notice
and enforcement and penalties are contained in Chapter
973, Public Nuisance.
266
(2) Noise control.
(a) The following are noise producing activities that are
prohibited:
- use of radios, television sets, musical
instruments, and similar devices used between 10:00
p.m. and 6:00 a.m. in a manner that creates a
disturbance
- outside construction or repair work on buildings or
structures between 8:00 p.m. and 6:00 a.m.
- use of internal combustion engines that have no
mufflers or similar devices
- offensive or excessive animal noises (no
prohibitions or restrictions in agricultural zoning
districts)
- rebuilding, repairing, or testing any motor vehicle
between 8:00 p.m. and 6:00 a.m. in a manner that
disturbs the peace
- use of skateboard ramps or similar devices used
between 8:00 p.m. and 6:00 a.m. in a manner that
disturbs the peace
- use of air -blow cleaners shall used between 8:00
p.m. and 6:00 a.m. in a manner that disturbs the
peace
- landscape maintenance performed between 8:00 p.m.
and 6:00 a.m. in a manner that disturbs the peace.
Specific regulations and procedures are contained in Chapter
974, Noise and Vibration Control.
Section 912.19 Non -conformities and Related Restrictions
A nonconformity is "a lot, structure, use of land, or any
combination thereof, which was lawful prior to the passage of
present county land development regulations or any amendment
thereto, but which would be prohibited or further restricted under
the terms of such regulations or any amendment thereto."
(1) Generally, no non -conformity can be enlarged, increased or
changed to a different non -conformity unless, as determined
by the community development director, the change results in
a lessening of the degree of non -conformity.
267
(2) Additions to site related non -conformities must comply with
existing regulations.
(3) Non -conforming structures may be repaired and maintained as
long as such work does not expand the non -conformity and as
long as such work does not exceed 50% of the cost of the
building's assessed value on the latest tax roll.
Further information on these types of restrictions,
prohibitions, and regulations are contained in Chapter 904,
Non -conformities.
Section 912.20 Summary Table: Permits and Approvals Required
The following is a summary of county permits issued and approvals
given which are necessary for various types of single family
development activities described or referenced in this chapter.
this is intended to be a reference tool for real estate and design
professionals, contractors, and property owners.
TABLE: DETERMINATIONS, PERMITS AND APPROVALS REQUIRED BY TYPE OF
DEVELOPMENT ACTIVITY
LEGEND: H = Higher degree of application preparation involved
and higher degree of review and approval time
required.
M = Medium degree of application preparation, review
and approval time required.
L = Low degree of application preparation, review and
approval time required.
(Planning) = Division of the county issuing information,
the permit, or granting approval
(1) Construction of Single Family Home
(a) Verify that parcel is "buildable" (Planning), If parcel
is not within a platted subdivision: see section
912.06.
(b) Verify all setbacks and easements (Planning): see
sections 912.07(1) and (2).
(c) Verify right-of-way deficiencies (Planning), ESPECIALLY
IF parcel abuts a major roadway: see section 912.07(3)
M (d) Tree Removal and Landclearing Permit (Planning),
IF - parcel is greater than one acre
-OR-
268
IF - "dune" vegetation seaward of the 1987 CCCL is to
be removed: see section 912.07(6)
H (e) Building Permit (Building): see section 912.10
- considerations -
- effect of easements [912.07(2)]
-access and driveways [912.07(4)]
- wetlands [912.07(5)]
-drainage and stormwater management [912.08]
-water and sewer connection/well and septic tank
[912.09]
- impact fees [912.16]
- excavation and ponds [912.16]
L (f) Concurrency Certificate (Planning): see 912.11
M (g) Right-of-way Permit (Engineering): See 912.07(4),
IF: - accessing county road (county engineering)
-OR-
IF: - accessing state road (state D.O.T.)
Drainage District Permit (Drainage District)
M (h)
L(2)
L(3)
H(4)
M(5)
M(6)
L(7)
M(8)
IF:
Fence/Wall
Accessory
(examples:
912.15
- proposing to culvert over a ditch or canal
under the control of a drainage district (e.g.
Indian River Farms Water Control District)
permit (Building): see 912.14
structures (tie -down or anchoring) permit
utility sheds, satellite dishes) (Building): see
Type "C" Stormwater Management Permit (Engineering)
(construction in flood plain only): see 912.08
Well and Septic Tank permits (Environmental Health): see
912.09
Alterations/Additions: building permit (Building) see 912.10
Demolition permit: (Building): see 912.10 Note:
Environmental Health "rat" inspection required.
Pond permit: (Planning): see 912.16
L(9) Mangrove Alteration permit: (Planning): see 912.07(6)
M(10) Temporary Use Permit (Planning): see 912.05
M(11) Home Occupation Permit: (Planning): see 912.05
269
L(12) Driveway Construction/Uncovered Slab permit; (Building):
see 912.07(4)
L(13) Re -roofing Permit: (Building).
L(14) Contractor/Subcontractor "Trade" permits (electrical,
plumbing, mechanical): (Building).
H(15) DNR Construction Seaward of CCCL permit: (D.N.R.; State)
see 912.07(1).
H(16) Release (abandonment) of Easement (Planning): see 912.07(2)
NOTE: must be approved by the Board of County Commissioners
M(17) Covenant for Removal of Structure in Easement (Planning):
see 912.07(2)
\u\c\ldr\912
270
CHAPTER 913
SUBDIVISIONS AND PLATS
Sec. 913.01 Title
Sec. 913.02 Enactment and Authority
Sec. 913.03 Applicability
Sec. 913.04 Purpose and Intent
Sec. 913.05 Definitions
Sec. 913.06 Compliance Required (Exceptions)
Sec. 913.07 Procedures and Requirements
(1) Procedures and Requirements
(2) Validity of a Subdivision not meeting the
requirements of this chapter
(3) Formal pre -application conference
(4) Preliminary Plat
(5) Land Development Permit
(6) Final Plat
(7) Plat Vacation Request
(8) Right -of -Way Abandonment
Sec. 913.08 Required Improvements
Sec. 913.09 Design Standards
(1) Introduction
(2) Preservation of Natural or Historical Features
(3) Streets and Rights -of -Way
(4) Bikeways
(5) Sidewalks
(6) Lots
(7) Utilities
(8) Alleys
(9) Walls and Fences
(10) Waterways
(11) Erosion Control
(12) Bridges
(13) Storm and Floodwater Systems
(14) Signs
(15) Planned Developments
(16) Fire Hydrants
(17) Canals
(18) Bulkheads
(19) Dune Cross -Overs
(20) Recreation Tracts: Locations and Restrictions
Sec. 913.10 Security for Construction and for Maintenance
Sec. 913.11 Variances
Sec. 913.12 Penalty
Sec. 913.13 Other Critical Subdivision Components
271
CHAPTER 913 - SUBDIVISIONS AND PLATS
Section 913.01 Title.
This chapter, the terms and provisions contained herein, shall be
known as the "Subdivision and Platting Ordinance" of Indian River
County, Florida.
Section 913.02 Enactment and authority.
By virtue of the home rule powers vested in counties pursuant to
Article 8, Section 1(f) of the State of Florida Constitution,
Florida Statutes, Section 125.01(1),(g),(h),(i),(w), Florida
Statutes, Section 336.02 et. seq., Florida Statutes, Section
177011 et seq., and Florida Statutes, Section 163.3161 et. seq.,
Indian River County hereby exercises its authority to implement
the land use element of the Indian River County Comprehensive Plan
by the adoption of this chapter regulating the subdivision and
platting of land and providing requirements in addition to those
already existing by virtue of Florida Statutes, Section 177.011
et. seq.
Section 913.03 Applicability.
The requirements set forth in this chapter shall be applicable to
all portions of the unincorporated area of Indian River County.
Section 913.04 Purpose and Intent.
The public health, safety, and general welfare of the citizens of
Indian River County require the harmonious and orderly development
of land within the unincorporated area of the county. It is the
intent of this chapter for each new subdivision:
(1) To conform with minimum standards of subdivision design,
established by this chapter, which will result in the
development of safe, stable communities, and the prevention
of unhealthy living environments;
(2) To have necessary improvements to avoid such improvement
being a burden upon the taxpayers of the community.
(3) To have efficient, adequate utilities and services;
(4) To have safe, adequate and convenient patterns for the
circulation of vehicular and pedestrian traffic;
(5) To provide adequate protective flood control and drainage;
(6) To have designs and improvements that control pollution and
erosion, safeguarding the natural resources of the county;
272
(7) To provide adequate open space, light, solar rights, air,
privacy, and recreational area, and to prevent overcrowding
of the land and undue congestion of the population;
(8) To provide safety from fire, flood, natural disasters and
other dangers;
(9) To provide a reasonable, fair, and uniform application of
standards of design and procedures for the subdivision and
platting of land; to ensure proper legal descriptions and
monumenting of subdivided land;
(10) To preserve the natural beauty and topography of the county;
• and
(11) To provide for safe and sanitary sewage disposal, adequate
potable water supplies and the protection of the groundwater
system.
Section 913.05 Definitions See Chapter 901.
Section 913.06 Compliance Required; Exceptions
(1) Unlawful Activity. It shall be unlawful and subject to the
penalties provided herein for any person to:
(A) Create a subdivision without first complying with the
provisions of this chapter and filing a plat approved by
the board of county commissioners unless exempt under
section 913.06(2). The dividing of land into two (2) or
more parcels without filing a plat under the provisions
of this chapter, where the land divided was the result
of a previous division of land into two (2) or more
parcels which occurred after July 23, 1983, is
prohibited.
(B) Divide property by any means for the purpose of sale or
transfer of title unless each of the resulting parcels
has at least the minimum area and width requirements
prescribed by the zoning regulations and land use plan
of Indian River County as applied to the lots created,
unless exempt under section 913.06(2).
(C) Divide property after December 8, 1973 by any means
where a resulting lot has frontage on a dedicated public
or private right-of-way (street) less than 60 contiguous
feet, unless either exempted under section 913.06(2) or
unless the lot fronts upon a cul-de-sac or curve and
meets the requirements of Section 913.09(6)(C). Access,
ingress/egress, or other easements shall not be deemed
to constitute a dedicated road right-of-way unless
previously dedicated to and accepted by the county.
(D) Commence the construction of any improvements required
under this chapter without first having obtained a land
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development permit from Indian River County or fail to
construct or maintain improvements in accordance with an
approved land development permit, plat approval or
requirements of this chapter.
(E) Create a public or private right-of-way (street) without
platting in accordance with the applicable provisions of
this chapter.
(F) Divide any lot or tract in a platted subdivision that was
approved by -the board of county commissioners of Indian
River County in a manner which results in a construction
site smaller than or inconsistent with the surrounding
lots in the subdivision unless approved by the board of
county commissioners.
1. Any request to divide a lot or tract in such a
manner shall be reviewed and considered as follows:
a. The technical review committee (TRC) shall
review the request and make a recommendation
to the planning and zoning commission.
b. The planning and zoning commission at a public
hearing shall review the request and make a
recommendation to the board of county
commissioners.
c. The board of county commissioners at a public
hearing shall review the request and approve,
approve with conditions, or deny the request.
2. Written notice of the public hearings shall be
mailed certified to each owner of property in the
subdivision at least fifteen (15) days in advance
of the hearing.
3. Prior to approval of a lot split, the board of
county commissioners shall determine that:
a. No substantial negative neighborhood impacts
are anticipated as a result of the split or
subsequent similar neighborhood lot splits;
b. The resulting lots conform to the applicable
county zoning requirements and state
regulations;
c. The resulting lots are buildable under current
regulations;
d. No substantial adverse impacts on existing
infrastructure are anticipated, as the result
or the split or subsequent similar
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neighborhood lot splits, via the resulting
increase in density of intensity of use;
e. The impacts of the split or potential splits
will not degrade adopted levels of service to
unacceptable levels, pursuant to the
provisions of Chapter 910, Concurrency
Management.
f. The applicant certifies that he knows of no
recorded deed restrictions or covenants which
would prohibit the division or splitting of
the lots.
(2) Exemptions. The following activities shall be exempt from
the provisions of this chapter:
(A) Creation of equal or larger building sites from lots of
record.
1. The combination or recombination of all or a
portion of previously created parcels of record
where the newly created or residual parcels comply
with all applicable zoning district dimensional
criteria or, where applicable, the regulations
governing nonconformities.
2. The combination or recombination of all or a
portion of previously platted parcels of record are
exempt where none of the newly created or residual
parcels contain less area, width or depth than the
smallest of the original parcels of record being
combined and no streets of any kind or public
easements are created, changed or extinguished.
(B) Boundary settlements. Any conveyance between adjoining
landowners if:
1. The purpose of the conveyance is to adjust or
settle the common boundary line between adjoining
landowners;
2. The deed of conveyance or other legal instrument
states such purpose and is recorded in the official
records of Indian River County; and
3. The resulting parcel(s) conform to the applicable
zoning district dimensional criteria.
(C) Conveyance to government. Any division of land for the
purpose of conveying land to any federal, state or local
government entity or agency or public utility, provided
such conveyance is accepted by the grantee by an
instrument recorded in the public records of Indian
River County.
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(D) Division by order of court. Any division of land by
order of a court of competent jurisdiction.
(E) Corrective instrument. Any conveyance for the purpose
of correcting an error made in the language used in an
original conveyance.
(F) Forty acre tracts. Any division of land where all
parcels resulting from the division contain forty (40)
acres of land or more and no public easements or streets
are created. When the tract prior to dividing is a size
which is not an even multiple of forty (40) acres, a
fractional breakdown resulting in lots of equal size
which are larger than thirty eight (38) acres also
qualifies for the exemption.
Notwithstanding this exemption for the creation of
parcels forty (40) acres or greater in size, any
proposal or aggregate proposals to create fifty (50) or
more parcels forty (40) acres or greater in size shall
be deemed to constitute a subdivision and shall require
approval as a subdivision. All provisions of this
chapter shall apply.
(G) Platting of a portion of a tract. Platting of a portion
of a parcel or tract under the terms and procedures of
this chapter, shall not constitute a splitting of that
parcel or tract.
(3) Determination of Legal Parcel Creation. A parcel shall be
determined to be legally created in compliance with the
regulations of this chapter if the parcel meets one or more
of the following:
(A) the parcel was created under an applicable exemption set
forth in section 913.06(2) of this chapter; or
(B) the parcel is part of an approved subdivision plat
recorded in the official plat book sections of the
public records of Indian River County; or
(C) the parcel was created as part of an approved affidavit
of exemption as provided for in the affidavit of
exemption section of this chapter; or
(D) the parcel was created in such a manner that does not
constitute an unlawful activity as specified in the
unlawful activity section of this chapter;
No building permit shall be issued for construction of any
improvements on a parcel that the community development
director or his designee determines was not legally created
in compliance with these regulations.
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(4) Creation of New Road Rights -of -Way. New road rights-of-way
shall only be created via the recording of a plat approved
pursuant to the provisions of this chapter. Road plats which
depict road rights-of-way only (no lots or tracts), may be
reviewed and approved. Road plats establishing private road
rights-of-way only (no lots or tracts) are exempt from the
required improvements specified in section 913.08. All other
applicable chapter provisions shall apply.
Affidavit of Exemption. An affidavit of exemption from the
requirements of -..Chapter 913.09 may be applied for in
conjunction with proposals to create parcels containing more
than 5 acres.
(5)
(A) All projects meeting the following requirements shall be
exempt from Section 913.09 (required public
improvements). No platting is required where no road
right-of-way is to be created.
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 fifty
(50) or more parcels. Any proposal to create fifty
(50) or more building sites via proposed
development or aggregation of developments shall
constitute a subdivision and shall require approval
as a subdivision. All provisions of this chapter
shall apply.
2. Each parcel resulting from the proposed division of
land contains five (5) or more acres. 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.
3. If the developer elects to divide the land by
filing a plat or road right-of-way is to be
created, all requirements of this chapter except
Section 913.08 (required improvements) shall be
complied with.
4. The applicant deeds by donation 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. 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
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declaration of covenants and restrictions,
acceptable in form to the county attorney, in the
public records providing for all common areas and
right-of-ways to be dedicated to the landowner's
association and provisions made for their perpetual
maintenance. The declaration of restrictions and
plat (if applicable) shall contain the following
language in bold type:
"The common areas and right-of-ways are not
dedicated to the public and will not be
maintained, repaired or improved by the
county."
6. The owner files a declaration of restrictions
prohibiting the voluntary division of land
encompassed within the project into lots that are
less than four and seven eighths (4 7/8) acres 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.
7. The owner 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;
b. The book and page number of the official
records of Indian River County where the items
required in paragraphs 3, 4, and 5 may be
found; and
c. The approval of the public works and community
development directors and the county
attorney's office.
(B) Application process for affidavit. All applications for
affidavits of exemption shall comply with the review
standards of section 913.07(3), "formal pre -application
conference" and shall be reviewed and approved by the
technical review committee (TRC).
(6) Clerk to Transmit Copies of Deeds. To aid in the enforcement
of this chapter, the clerk to the circuit court of Indian
River County may be requested by the community development
director or his designee to transfer to the community
development department copies of all deeds conveying land in
unincorporated Indian River County that have been filed in
the official records of the county. The clerk shall be
reimbursed for the actual cost of the copies.
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Section 913.07 Procedure and requirements for submitting
and processing subdivision applications.
1. Procedure
2. Validity of Subdivisions not meeting the
requirements of this chapter.
3. Formal pre -application conference
4. Preliminary Plat
5. Land Development Permit
6. Final Plat
7. Plat Vacation Request
8. Right -of -Way Abandonment Requests
(1) Procedure. All plats for new subdivisions and road rights-
of-way must be submitted and processed through the following
five (5) procedures:
(A) Formal pre -application conference must be scheduled
between applicant and the county community development
staff, (see 913.07(3)).
(B) Submission and approval of a preliminary plat, (see
913.07(4)).
*(C) Application for and issuance of a land development
permit, (see 913.07(5)).
(D) Submission, approval, and recording of final plat, (see
913.07(6)).
(E) Issuance of certificate of completion, (see
913.07(5)(I)).
Flowcharts showing the entire process, as well as the
preliminary plat, land development permit and final plat
procedures may be found at the end of this chapter.
*Plats may be exempted where no improvements are required.
(2) Validity of a Subdivision not meeting the Requirements of
this Chapter. No plat of any subdivision shall have any
validity until it shall have been approved in the manner
prescribed by this chapter. In the event an unapproved plat
is recorded, it shall be considered invalid. No person
shall transfer or sell by reference to, exhibition of or by
the use of a plan or plat of a subdivision before such plan
or plat has final plat approval and is officially recorded
according to the terms of this chapter. The description of
any lot by metes and bounds shall not exempt the transaction
from the provisions of this chapter if the transaction would
be subject hereto otherwise. The building official shall not
issue any permits for new construction on a lot in any
subdivision not meeting the requirements of this chapter.
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(A) The county shall not make any public improvements and
shall have no responsibility for the maintenance of
streets, drainage facilities or other facilities in
subdivisions whose dedications have not been accepted by
the county under the terms of this chapter.
(B) No changes, erasures, modifications or revisions shall
be made on any final plat after approval and signature
thereof unless said plat is first resubmitted and re-
approved under the provisions of this chapter.
(C) Plats shall not contain any reference to any possible
reversion of any interest in real property that has been
the subject of public or private dedication on a plat.
Formal pre -application conference. Before making application
for preliminary plat approval, the applicant and/or his
professional staff are required to discuss, informally, his
preliminary studies and sketches for a subdivision with
county staff and other government agency representatives
deemed appropriate by the community development director or
his designee. This step is an opportunity for the applicant
to avail himself of the advice and assistance of the
governmental agencies in order to facilitate the preparation
and review of preliminary and final plats or construction
drawings.
(A) Scheduling. Arrangements for this conference are to be
made through the community development office by
submitting the required application and drawings at
least seven (7) working days in advance of the
conference date. Reviewing departments will have at
least five (5) working days to review and make comments
at the conference. A filing fee, as established in a
resolution adopted by the board of county commissioners,
is required at the time of submittal.
(B)
1. The community development director or his designee
shall determine whether or not an application is
complete and can be routed for interdepartmental
review. No incomplete application shall be routed
for review. The applicant shall be notified as soon
as an incomplete determination has been made.
Information required for the formal pre -application
conference. The applicant will submit at least seven
(7) copies of the preliminary sketch plans of the
proposed subdivision to the community development
department at least seven (7) working days before the
scheduled date of the preapplication conference. The
applicant shall supply the county with the following
information:
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1. Formal pre -application conference application and
filing fee as established in a resolution adopted
by the board of county commissioners;
2. Drawings must be designed on sheet(s) twenty-four
(24) inches by thirty-six (36) inches. A
subdivision sketch must be drawn showing the
proposed lots, rights-of-way, easements, water
management facilities, utility sources and canals
or waterways (if any);
3. Name, address and telephone number of the
applicant, surveyor and engineer and a list of all
the owners of the property (must be on the
application and the drawings);
4. Location sketch;
5. Existing zoning and comprehensive plan land use
classification of the subject site and adjacent
properties;
6. The location of all known rights-of-way and
easements on the subject site and adjacent
properties and the purposes for which they were
established;
7. Significant topographical areas, including all
watercourses, bodies of water and environmentally
sensitive lands;
8. Drawings must show the existing site conditions
including soil conditions, groundwater table,
drainage pattern, floodplain data and vegetation of
the subject site and immediately adjacent
properties, using U.S. Soil Conservation Service
data when available;
9. Existing facilities should be depicted including
water management, electric, utilities and water and
wastewater service;
10. A general description of the proposed subdivision
must be noted including the number of lots to be
created, the approximate size and width of lots,
approximate building size, type and use and
proposed phases of development;
11. A description of the project's boundary; and
12. A statement acknowledging that submittal of
incorrect and erroneous information may result in
a change of comments made by staff or requirements
to be applied.
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(C) Opinion of Staff. A letter will be sent to the
applicant within five (5) working days of the formal
pre -application conference which states the following:
"Written acknowledgement of the formal pre -
application conference and any opinions set forth
by staff shall not be construed as approval of the
project by the county commission or any county
division or as a waiver of any of the requirements
of this ordinance that were not set forth at the
conference, but shall only be considered an
expression of each division's concerns with the
general design concepts set forth in the
preliminary sketches of the proposed development."
A copy of all departmental comments will be attached to
the letter.
(4) Preliminary Plat Application and Review. Approval of the
preliminary plat by the planning and zoning commission is a
prerequisite to the application for a land development
permit.
(A) Submission of Application.
1. Upon completion of the formal pre -application
conference, the applicant may apply for formal plat
review by furnishing to the community development
director:
a. A complete application form, as provided by
the community development department;
b. The appropriate filing fee established by the
board of county commissioners;
c. Seven (7) copies of the plat drawings;
d. Two (2) sealed surveys;
e. Two (2) aerials of the site with overlay of
project showing the surrounding 200' of
adjacent properties;
f. Three (3) copies of the owner's deed;
g•
If an agent is used, a letter from the
property owner authorizing the agent to
function on his behalf, plus one copy of the
letter;
h. Two (2) copies of a tree and vegetation survey
showing the boundaries and acreage of
environmentally sensitive areas (see Chapter
282
928) and environmentally significant areas
(see Chapter 929), where such areas exist on
site.
i. Completed land clearing permit application;
j. Completed tree removal permit application; and
k. A concurrency certificate or evidence of
application for a certificate.
The community development director or his designee shall
determine whether or not an application is complete and
can be routed for interdepartmental review. No
incomplete application shall be routed for review. The
applicant shall be notified as soon as an incomplete
determination has been made.
(B) Drawings. The preliminary plat shall be:
1. Prepared by a professional engineer or surveyor
registered in the State of Florida;
2. Drawings on sheet(s) twenty-four (24) inches by
thirty-six (36) inches; and
3. To a scale not smaller than one inch equals one
hundred (100) feet; for subdivisions exceeding one
hundred (100) acres, the scale may be as small as
one inch equals two hundred (200) feet or as
approved by the community development director or
his designee.
(C) Information required on preliminary plat. The
preliminary plat shall contain the following:
1. Title block;
2. Name of the proposed subdivision;
3. County and state;
4. Date of preparation of the preliminary plat and of
any revision
5. Name, address and telephone number of the
applicant;
6. Name and address of all owners;
7. North arrow and scale;
8. Location sketch showing the existing
zoning and land use classification
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of. the subject site and adjacent
properties;
9. Legal description and total acreage being
subdivided;
10. Existing zoning and comprehensive plan land use
classification of the subject site and adjacent
property;
11. Name, address, signature, seal and registration
number of the professional engineer and surveyor
responsible for all or part of the plat;
12. Location and dimensions of all known existing and
proposed rights-of-way and easements and the
purposes for which they were established on:
a. The subject site;
b. The adjacent property (within three hundred
(300) feet of the site); and
c. The property on opposite sides of surrounding
roadways.
13. A drawing of the subdivision showing proposed:
a. Lot lines (with dimensions),
b. Rights-of-way,
c. Easements,
d. Lot and block identification,
e. Canals and waterways (existing and proposed),
f. Chord distances,
g. Environmentally sensitive land, as determined
in Chapter 928 and 929;
14. A general description of the subdivision including:
a. Number of lots;
b. Approximate area of the lots;
c. Approximate building size and type;
d. Projected use of building(s);
e. Proposed phases of the subdivision;
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f. Proposed open space, public and private;
g.
Gross Density of the project. For the purpose
of calculating the gross acreage of a project,
all planned phases and areas of development to
be platted shall be included.
15. Location of permanent reference monuments;
16. Point of beginning if the description is by metes
and bounds;
17. Street names, proposed on site and existing within
three hundred (300) feet of the site;
18. Parks and public recreation areas, existing and
proposed;
19. "Not included" parcels, if any;
20. A legal description of the site boundary;
21. A legal description of environmentally sensitive
areas;
22. A list of all jurisdictional agency permits
required for the development of the subdivision;
23. A note reciting the language found in quotations in
section 913.07(4)(L), Transfer of Approval; and
24. Such additional information as may be necessary to
ensure that the subdivision complies with the
requirements of this chapter.
(D) Written information and other materials required.
1. Drafts of proposed deed restrictions,
protective covenants, intended dedications,
proposed property owner association documents,
or a written description of proposed content
of such documents if they are not available.
A copy of the property owners' association
documents if the association will accept
maintenance responsibility for private
streets, rights-of-way, easements, recreation
areas, stormwater management facilities or
other improvements.
2. A timetable for commencement and completion of
the project for all phases;
3. The location and distances from all proposed
streets to driveways, streets and rights-of-
way on both sides of any road within 300' of
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the project boundaries. All depicted streets
and rights-of-way shall be noted as being
paved or unpaved;
4. All applicable information shall be provided
by the applicant to demonstrate compliance
with chapter 952, Traffic; and
5. Yard assignments, specifying front, side and
rear yard classifications must be noted on all
lots.
NOTE: All projects shall comply with Chapter 952,
submittal requirements regarding traffic statements and
impact analyses.
(E) Additional information required for preliminary plat
applications. In addition to the information required to
appear on the preliminary plat, staff may determine at
the formal pre -application conference that the following
information will be required:
1. A survey of the existing site certified by a
registered land surveyor indicating that the survey
meets the minimum technical standards for land
surveying in Florida pursuant to Florida Statutes
section 472.027 and chapter 21HH-6.01, Florida
Administrative Code, as supplemented and amended
from time to time, with contour lines at one -foot
intervals showing the following information:
a. Watercourses and all free-flowing wells, if
any;
b. All water bodies showing the approximate mean
high waterline;
c. All environmentally sensitive land as defined
by the Indian River County Comprehensive Plan;
d. All protected trees identified by the Indian
River County Tree Protection Ordinance; and
e. Coastal construction control line (1987 CCCL),
and the county coastal Dune Stabilization
Setback Line (DSSL), if applicable.
f. Endangered and threatened plants or animals,
if required by chapter 929.
g. Archeological resources, if required by
chapter 933.
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2. A description of existing site conditions
including:
a. Soil conditions and analysis;
b. Groundwater table;
c. Drainage pattern on site and within two
hundred (200) feet of the site boundary;
d. The extent, area, and type of all native
vegetation communities; and
e. Floodplain data on site and within two hundred
(200) feet of the subject site.
3. A sketch showing:
a. Any existing water management or utility
facilities;
b. Proposed storm water management plan and
control facilities and general grading plan;
c. Utility sources, distribution and collection
lines, if available, (including but not
limited to water, sewer, electricity, cable
television and telephone);
d. Proposed
and bike
e. Proposed
lots.
locations
paths, if
finished
of streetlights, sidewalks
any; and
grade elevations of all
4. If any of this information is not applicable, a
clearly visible note shall be on the drawing
indicating which of the above is not applicable to
the site.
(F) Reviews.
1. Technical Review Committee Review.
a. The community development department will
forward one copy of the proposed preliminary
plat to each of the county divisions or other
interested agencies within three (3) working
days of the initial submittal of the
preliminary plat for their review and written
comments or approval.
287
b. Within eleven (11) days after the receipt of
the preliminary plat and prior to the date
the application is scheduled to be considered
at a TRC meeting, TRC members shall submit to
the planning division written staff approvals
or the identification of any discrepancies.
c. At a technical review committee (TRC) meeting,
the discrepancy comments will be reviewed.
d. The community development department shall,
within four (4) working days from the TRC
meeting, transmit a letter to the applicant or
his engineer identifying all of the
discrepancies pertaining to the preliminary
plat that were discussed at the TRC meeting.
e. The applicant shall respond, in writing, to
each comment following receipt of the
discrepancy letter and submit seven (7) copies
of a revised preliminary plat if deemed
necessary by the community development staff
with a written request to be placed on the
planning and zoning commission's agenda for
approval.
f. The TRC may require re -review of the project
by TRC members to be discussed at another TRC
meeting.
g. Once all TRC comments have been adequately
addressed, the community development
department shall schedule the application for
consideration at the soonest available
planning and zoning commission meeting.
1. An applicant may request, at any time in
the review process, that the application
be forwarded to the Planning and Zoning
Commission for consideration. Said
request shall be submitted to the
planning division in writing and shall
acknowledge that, in staff's opinion, the
application is not ready for
consideration due to a lack of adequate
responses to staff and/or reviewing
agency comments.
2. Planning and Zoning Commission Review and Action.
Upon completion of the county staff review, the
preliminary plat plans and application, along with
recommendations, will be forwarded to the Indian
River County planning and zoning commission for
review and consideration for approval. The decision
of the planning and zoning commission shall be
288
final unless the application is appealed to the
board of county commissioners. Any approval shall
be noted on the preliminary plat in the following
form:
CERTIFICATE OF APPROVAL BY PLANNING AND ZONING
COMMISSION
THIS IS TO CERTIFY, That on the
Indian River County Planning and Zoning
Commission approved this preliminary plat.
(Chairperson)
(G) Board of county commissioners consideration of appeals
of planning and zoning commission preliminary plat
decisions. An appeal may be filed by:
(1) The applicant,
(2) County administration,
(3) Any aggrieved person or group with an interest that
will be affected by the project.
An appeal of a decision on a preliminary plat must be
filed with the community development department within
ten (10) working days of the meeting wherein the
decision appealed was rendered. Upon receipt from the
applicant of an appeal, the county administrator will
place the preliminary plat application and all
recommendations on the agenda of a regularly scheduled
meeting of the board of county commissioners for
consideration within thirty (30) days. The board of
county commissioners will conduct a de novo hearing.
Any appellant must receive a majority vote of the
members present at the meeting to prevail in the appeal.
(H) Criteria for review of preliminary plat by county staff,
the planning and zoning commission, and the board of
county commissioners.
1. No preliminary plat shall be approved if it:
a. Faits to comply with all ordinances of Indian
River County including, but not limited to the
comprehensive plan, the land development
regulations, this chapter, and the Indian
River county standard design specifications.
b. Fails to provide adequate street connections
with the existing or planned street network;
"adequate connections" may include off-site
improvements to or any paving of the existing
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or planned street network that accesses and/or
serves the project that is needed to ensure
free access and circulation;
c. Fails to facilitate adequate traffic
(vehicular or pedestrian) circulation within
or throughout the project;
d. Fails to comply with regulations or rules
established by other governmental agencies
with jurisdiction over any aspect of the
project.
e. Fails to meet the concurrency requirements set
forth in Chapter 910, Concurrency Management.
2. Approval. The planning and zoning commission, or in
the case of an appeal, the board of county
commissioners, may approve the application or
continue the hearing to receive future input on the
proposal. The approving body may attach conditions
to the application which relate to Indian River
County land development regulations and the effect
the project will have on the community and are
necessary to protect the health, safety or welfare
of Indian River County residents.
3. Approval of the preliminary plat shall constitute
tentative approval as to the character, intensity,
general layout and dimensions of streets, and other
features.
(I) Filing fee. The board of county commissioners shall
establish, by resolution, a fee in an amount deemed
necessary to reimburse Indian River County for all or a
portion of the cost incurred in reviewing and approving
plats, and requests for extension of approval, land
development permits, affidavits of exemption and
subdivision variances.
(J) Time limit.
1. The preliminary plat approval shall be valid for a
period of eighteen (18) months from the date it is
approved by the planning and zoning commission or,
if appealed, when approved by the board of county
commissioners. If the applicant has not obtained a
land development permit and initiated construction,
and has not been granted an extension of time by
the board of county commissioners within eighteen
(18) months of approval, the preliminary plat
approval shall lapse and be considered void. A
preliminary plat approval time limit is valid as
long as the project maintains an active land
development permit.
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2. Notwithstanding these limitations, an applicant may
intentionally phase a project with specific
development timeframes. Development phasing may
not cover a period exceeding 20 years.
Commencement of construction must begin within 30
months of completion and inspection of the previous
phase. Preliminary plat approval will lapse if the
approved phase timeframes are exceeded, unless
otherwise extended by the board of county
commissioners as provided for in section
913.07(4)(K).
(K) Extensions. A request for an extension of preliminary
plat approval may be submitted to the community
development department any time prior to expiration of
the preliminary plat. No request for extension of
preliminary plat approval will be accepted after the
preliminary plat approval has lapsed or phasing schedule
exceeded. The applicant may, however, reapply for
preliminary plat approval under the then -existing
provisions of this chapter and the other land
development regulations; a new filing fee will be
required, as well as review and approval under then -
existing procedures.
1. Extension requests shall be accompanied by a
completed extension request form, furnished by the
planning division.
2. The planning division shall schedule the request
for TRC consideration and shall route the request
information to the reviewing departments and
agencies in a manner similar to preliminary plat
applications. TRC comments, if any, shall be
forwarded to the applicant for an adequate
response.
3. Upon receiving a response from the applicant and
after review of the response by the TRC members,
the planning division shall forward the TRC
recommendation(s) to the Board of County
Commissioners. The Board of County Commissioners
decision shall be final.
(L) Transfer of Approval. Prior to final plat approval, a
notice of transfer of property and of preliminary plat
approval must be filed with the community development
department prior to transfer in bulk of the proposed
subdivision. The plat shall note the following: "Prior
to transfer, the transferee must assume in writing on a
form, acceptable to the county attorney, all
commitments, responsibilities, and obligations of the
prior developer. Failure to give timely notice or to
provide the assumption of prior commitment voids the
preliminary approval".
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(M) Phasing. Subdivision projects may be phased. Phasing,
if proposed, shall be shown on all preliminary plats and
may be modified as allowed in Section 913.07(4)(N).
(1) Phasing shall be arranged and designed in such a
manner that at any point in a project's
development, the initial phase or any successive
groups of phases shall be able to "stand alone",
meeting all applicable standards set forth and
referenced in this chapter and other applicable
land development regulations.
(2) The initial phase and any successive groups of
phases shall be able to "stand alone" and function
adequately in regards to required improvements,
infrastructure, facilities, and in relation to all
project conditions so as to be independent from any
future phase or phases and improvements or areas
contained therein.
(N) Modifications. Minor modifications to approved
preliminary plats may occur between preliminary and
final plat approvals. Modifications to roadway layout,
phasing, lot configuration will require an
administrative approval as provided for in Chapter 914,
Site Plans. Modifications that require a change in the
number of lots or a change in the area to be platted
will require re -approval of the preliminary plat and
must comply with the requirements and procedures of
Section 913.07(4).
(0) Land Development Prior to Land Development Permit
Prohibited. No construction, with the exception of test
facilities and minor underbrushing and clearing
activities permitted pursuant to a valid land clearing
permit, may begin until a land development permit has
been issued by Indian River County.
Land Development Permit. The land development permit is the
instrument authorizing the developer to proceed with land
improvements as specified in the approved plans and
specifications set forth in the application and shown on the
approved preliminary plat.
(A) Procedure. After TRC approval of the preliminary plat,
(at the time the preliminary plat is scheduled for
Planning and Zoning Commission consideration and
approval), an applicant may apply for a land development
permit and follow either of the procedures identified in
913.07(5)(A) 1 or 2. No construction may commence until
the applicant obtains a land development permit,
pursuant to section 913.07(5)(A). The public works
director is hereby authorized to waive, in writing, the
requirement for a land development permit, where no
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improvements delineated in Section 913.09 are required
or where a required improvement(s) can be provided via
another application and review process.
1. Construction before final plat approval. The
applicant shall submit to the public works
department construction plans and specifications as
required in section 913.07(5)(B) of this chapter
together with a request for a land development
permit. A copy of the deed and letter of
authorization from owner if different from the
applicant shall accompany the request. Upon
issuance of a land development permit, construction
may commence. The improvements required by the
preliminary plat approval shall be completed prior
to final plat approval, as specified in the issued
land development permit.
2. Construction after final plat approval. Upon
issuance of a land development permit, an applicant
may apply for final plat approval, contracting with
the county to construct the improvements required
in the land development. The contract and
corresponding security as specified in section
913.10 shall be required for the performance and
maintenance of all improvements which are to be
constructed after final plat approval.
(B) Plans and Specifications Required for Land Development
Permit. The applicant shall furnish to the public works
director or his designee the construction plans and
specifications designed in accordance with the approved
preliminary plat and the requirements of this chapter
for the construction of all improvements. The applicant
shall also furnish a complete land development permit
application form as furnished by the public works
department, and shall submit the review fee established
by the board of county commissioners by resolution. The
applicant must have obtained and shall submit copies of
all jurisdictional agency permits, and all utility
permits and franchises required by the Indian River
County utility division prior to the issuance of a land
development permit. All construction plans and
specifications must be prepared, signed and sealed by a
professional engineer who is registered in the State of
Florida. Engineering calculations and tests in support
of any of the proposed plans and specifications may be
required. The drawings and required information shall be
so complete that review and analysis can be made from
them without research of any outside data. Five (5)
copies of the plans shall be submitted on twenty -four -
inch -by -thirty -six-inch sheets unless another size is
approved by the county public works director, and shall
contain, but shall not be limited to:
293
1. A cover sheet, including a location map;
2. Complete details including water, sewer, and storm
drainage system. The proposed general location of
wells and septic tanks shall be in conformity with
the requirements of the Indian River County health
department and all state and local ordinances;
3. A master stormwater management and flood
protection plan and complete calculations and
exhibits as required by Chapter 930;
4. Roadway typical sections and summary of quantities
for all construction work;
5. Construction details showing compliance with county
standards or alternate design as approved by the
county public works director;
6. Special profile sheets, if
special or unique situations;
7. Benchmark location, based on
Vertical Data (N.G.V.D.);
8. Soil analysis, showing the locations and results of
test borings of the subsurface condition of the
tract to be developed, when required by the public
works director. Soil Conservation Service
information may be used when available. Where
impervious soils or muck are encountered, the plans
shall reflect a satisfactory design to cope with
such conditions;
necessary, showing
National Geodetic
9. The plans shall contain the special conditions and
specifications pertaining to the subdivision in
note form on the plans, such as:
a. Required compliance to the subdivision
requirements;
b. Where applicable, required compliance with
state standards as currently adopted and in
use;
c. Minimum standards for materials;
d. Test requirements for stabilization, base and
backfill.
e. Source of water and sewer services;
g•
Traffic -control devices and pavement markings.
294
10. The plan and profile of each proposed street and
improvement to existing streets such as
deceleration or turn lanes (indicating the existing
ground surfaces and proposed street grade surfaces
including extensions for a distance of fifty (50)
feet beyond the tract boundary) with tentative
finished grades indicated, and lot grading plan and
including easement work, clearing and grubbing, and
structural details of facilities in right-of-way;
11. A typical cross-section of each type of proposed
street or bikeway, showing the width of pavement,
the location and width of sidewalks, where
required, and right-of-way;
12. Proposed erosion control facilities and the limits _
of earthwork construction, both as to final
construction and for protection during
construction;
13. Plans for street lighting landscaping, parks,
recreational areas and parking area. The plans
shall have applicable approvals of all governmental
agencies which are affected by the construction and
have jurisdiction;
14. Projects engineered by more than one firm shall be
coordinated by a single engineering firm or an
engineer of record appointed by the developer;
15. A certificate from a surveyor registered in the
State of Florida that a concrete permanent
reference marker has been located in the public
right-of-way at a corner point of the subdivision
near the entrance way of the proposed subdivision.
The permanent reference marker shall be identified
on the plat of the subdivision and shall be used to
establish the grade level for all improvements in
the subdivision;
16. Where the design of the subdivision includes man-
made canals or waterways, plans of the proposed
construction will be included and shall indicate:
a. All bulkhead lines;
b. Detailed cross-sections showing
proposed depths;
c. Location of hard pan, muck or
soil conditions; and
d. Details of bulkhead construction.
295
existing and
other unique
17. Developer shall submit to the community development
department copies of the applications to or permits
from all other permitting agencies that are
applicable to the project.
18. Written acknowledgement of the notification
requirements of Section 913.07(5)(H) of this
chapter.
(C) Review
1. Within three (3) working days of receipt of said
plans and specifications, the planning department
will check the plans and specifications for
completeness and conformance with the approved
preliminary plat, maintain one copy of the plans
for the project file, and forward the remainder to
the public works department.
2. Within three (3) working days of receipt of the
application and materials from the planning
department, the public works department shall route
the plans and specifications to the applicable
departments for review. Within fifteen (15)
working days after receipt of such plans and
specifications, the applicable departments shall
submit their comments and recommendations to the
public works director. The applicant will be
advised in writing by the public works department
of all applicable departmental comments within
twenty-five (25) working days from date of
application submittal.
(D) Approval of plans and specifications. After the
applicant has adequately addressed all departmental
comments and has submitted to the public works department
revised documents in accordance with departmental
comments and has submitted copies of all required
jurisdictional agency permits, the public works director
shall, within ten (10) working days, approve or
disapprove, the construction plans and specifications and
issue a land development permit. Prior to disapproving
any permits the public works department shall provide to
the applicant a second set of comments.
(E) Appeals. Appeals of decisions from the public works
department may be made to the board of county
commissioners. The public works department shall
schedule the meeting. The board of county commissioners
can overturn the appeal only if the application is found
to meet all requirements of the county standards.
(F) Modifications. Minor modifications to approved
preliminary plats may occur after the issuance of a land
development permit, subject to approval by the public
296
works department. Any revisions to layout of the
preliminary plat are subject to the provisions of section
913.07(4)(N), modifications.
(G) Inspections. The public works director, county engineer,
community development director, county administrator, and
county utilities director, or their representatives,
shall have the right to inspect the project for the
purpose of ensuring that all improvements are being
constructed_in conformance with the provisions of this
chapter, the approved preliminary plat, and land
development permit. All required data, tests and reports
specified in this chapter shall be submitted and approved
by the public works director prior to acceptance or final
approval of improvments. Required installation of
subsurface construction such as water and sewer lines,
public utilities, traffic -control devices and storm
drainage shall be completed prior to compaction of
subgrade and road construction.
1. Reasonable tests results may be required by the
public works director, provided to the county at
the expense of the applicant by a testing
laboratory approved by the public works department.
Compaction testing shall be done one (1) test every
eight hundred (800) feet, with a minimum of three
(3) tests per lift, per street. Such tests shall
include, but not be limited to, compaction tests
for subgrade, base and asphalt, material
specifications tests to assure adherence to
specifications of base, soil cement, asphaltic
concrete, Portland cement concrete, drainage pipe
and other materials, sanitary sewer pipe, water
lines and materials and tests of other such
materials and procedures as may be required to
assure that construction is according to the plans
and specifications approved by the land development
permit.
(H) Notification. The respective county division shall be
notified, in writing, with copies to the community
development division, of the commencement and completion
of the following items of construction so that an
immediate inspection can be performed to ensure
construction in conformance with said approved
construction plans and specifications and the
requirements of this chapter. If the county notifies the
developer that no county inspector is available to
inspect within 48 hours of an inspection request, and if
a delay in inspection would cause a delay in the project,
then this requirement may be met by submission of a
certificate from the .engineer of record that all
construction was completed in accordance with the land
development permit:
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1. Waterlines and sanitary sewer lines prior to
backfilling (utilities division).
2. Stabilized subgrade (public works division).
3. Curb and concrete work (public work division).
4. Roadway base (public works division).
5. Surface course (public works division).
6. Permanent reference monuments and permanent control
points (public works division).
7. Storm sewer (public works division). The failure to
notify the respective divisions of the commencement
and completion of the construction of such items
shall be good cause to refuse to issue a
certificate of completion until such further
investigation is conducted to verify compliance
with the land development permit. All water and
sewer improvements must be inspected by the Indian
River County utilities director or his
representative or the appropriate municipal or
private utility representative prior to
backfilling.
(I) Final Inspection; Certificate of Completion. Upon
completion of construction of the improvements, the
applicant shall provide the public works director with
the following:
1. A certified letter stipulating that construction of
the improvements has been completed and requesting
final inspection and approval.
2. The testing reports and certificates of compliance
from material suppliers.
3. Three (3) sets of as -built construction plans.
-4. Documents from a registered engineer with his seal
affixed certifying that the improvements have been
constructed in conformity with the land development
permit and the provisions of this chapter.
5. A document from the county utilities division
approving all utility installations. If a
municipality or other utility is serving the
development with water or sewer, there must be a
document indicating acceptance of the construction
for the water or sewer system by the utility.
6. Release of liens and affidavit that all liens are
released on all improvements required by this
298
chapter. Upon receipt of the above items, the
public works division and the community development
department shall review said data and make a final
inspection of the constructed improvements and
shall notify the applicant of any items of
noncompliance with the approved construction plans
and specifications. A certification of completion
shall be issued by the public works director when
all improvements are completed in conformity with
the approved design. This certificate shall release
the construction surety.
(J) Term of permit. A land development permit issued under
this section shall be void if construction does not
commence within one hundred eighty (180) days and shall
expire eighteen (18) months from the date of its
issuance, regardless of whether or not the work is
complete, unless the board of county commissioners grants
an extension of time, in response to the applicant's
written request for such an extension.
(6) Final Plat. The approved final plat is the official
record of the subdivision to be filed with the county
clerk. It is verification that the subdivided land has
been developed substantially in accordance with the
approved preliminary plat or that a bond has been posted
which will secure the development as specified in the
final plat. The final plat must be approved by the board
of county commissioners and recorded by the clerk of the
circuit court before the developer may sell any lot or
parcel.
(A)
Development phases. The applicant may schedule proposed
development phases within any proposed subdivision.
1.
The scheduled development phases shall have been
specified on the approved preliminary plat and
shall be of such a size and design and be scheduled
so that all portions completed at any time can
exist independently as a subdivision in complete
conformance with the requirements of the
subdivision chapter.
2. Any change in the schedule of phases must receive
prior approval by the planning and zoning
commission. If phased, the applicant shall have the
option of requesting either final plat approval or
the issuance of a certificate of completion on one
or more of the development phases in conformance
with all the procedures and requirements of this
chapter.
3. The applicant may not apply for final plat approval
on any portion of the approved preliminary plat
which he does not propose to record and develop
299
within the following twelve (12) months. Failure to
either:
a. make application for, and within twelve (12)
months of application obtain, final plat
approval of a development phase or
b. to request, and within three (3) months of the
request obtain, the issuance of a certificate
of completion for a development phase on an
approved preliminary plat within a period of
eighteen (18) months from the date of approval
of the preliminary plat constitutes as
expiration of the plat unless the applicant
applies and receives approval for an extension
pursuant to 913.07(4)(K), or extension of a
phase or phases of a project pursuant to
913.07(4)(J)2.
4. Any phase of development not constructed within the
approved timeframes will result in expiration of the
preliminary plat. The applicant must obtain re -
approval of the phase schedule prior to the
expiration date of the phase. If the applicant does
not obtain re -approval of the phase schedule, the
preliminary plat will be subject to further
conditions by the, board of county commissioners or
be terminated.
(B) Procedure. No final plat application shall be submitted
for approval prior to the issuance of land development
permit. The plat shall be accompanied by:
1. A complete final plat application as furnished
by the planning department;
2. The appropriate filing fee and application;
3. A certificate of concurrency covering the area
to be platted;
4. When required in conjunction with a
construction contract or maintenance agreement,
a certified cost estimate shall be prepared by
the developer's engineer and shall include the
cost of surveying, engineering and construction
of all required improvements in substantially
the following form:
300
CERTIFICATE OF COST ESTIMATE
1, , A Florida
registered engineer, License
No. , do hereby certify to
Indian River County that a cost estimate has
been prepared under my responsible direction
for those improvements itemized in this exhibit
and that the total cost estimate for said
improvements is $ . This estimate
has been prepared, in part, to induce approval
by the County of a final plat for the
Subdivision, and for the purpose
of establishing proper surety amounts
associated therewith.
(Signature)
(Name, Florida Registered Engineer
License No.
(AFFIX SEAL)
or the actual contract price(s) may be
substituted for the engineer's cost estimate;
5. Appropriate security for required improvements
as specified in Section 913.10 of this chapter
unless a certificate of completion has been
issued by the community development division;
6. Seven (7) copies of the final plat drawing
showing required information and
certifications;
7. Security for maintenance of improvements
meeting the requirements of section 913.10 of
this chapter when a certificate of completion
has been issued; and improvements are dedicated
to the county;
8. A copy of the property owners' association
documents which accept the responsibility for
maintenance of all private streets, rights-
of-way, easements, recreation areas, storm
water management facilities or other
improvements;
9. A copy of the final protective covenants and
deed restrictions, where such covenants and
restrictions are required or established by
the applicant; and
10. All applicable informational requirements of
section 913.07(6)(D) and (E) of this chapter.
301
11. The community development director or his
designee shall determine whether or not an
application is complete and can be routed for
interdepartmental review. No incomplete
application shall be routed for review.
(C) Format of drawings. The final plat shall be:
1. Prepared by a land surveyor registered and
licensed in the State of Florida;
2. On sheets twenty-four (24) inches by thirty -six
(36) inches, with one -half-inch margin on three (3)
sides and a three-inch margin on the left side for
binding;
3. To a scale not smaller than one inch represents one
hundred (100) feet. For subdivisions exceeding one
hundred (100) acres, the scale may be as small as
one inch represents two hundred (200) feet or as
approved by the community development director or
his designee;
4. Clearly drawn or printed with permanent black
drawing ink;
5. On linen tracing cloth or stable base film a
minimum of 0.003 inches thick coated upon
completion with plastic material or a nonadhered
scaled print on a stable base film made by
photographic processes to ensure permanency; and
6. Printed with lettering no smaller than 1/8", with a
commensurate letter -line width.
(D) Information required, (all information as required in
Chapter 177.091, F.S.). The final plat shall contain:
1. A title block;
2. The name of the proposed subdivision which shall
not duplicate nor closely approximate the name of
any other existing subdivision in the county. If
the plat is an addition to an existing subdivision,
it shall bear the same name as the existing
subdivision. For planned developments, plats shall
contain "PD" within the title;
3. The name of the county and state;
4. The legal description;
5. The date of preparation of the final plat and of
any revisions;
302
6. A prominent "north arrow" on each sheet showing any
portion of the subdivided lands; also, the
reference bearing or azimuth in the notes or
legend;
7. The scale stated and graphically illustrated on
each sheet;
8. An index sheet on page one showing the entire
subdivision and indexing the area shown on
succeeding sheets. Each sheet must show the
particular number of the sheet and the total number
of sheets as well as clearly labeled match lines;
9. The point of beginning shown together with the
letters P.O.B. in bold letters when a point of
beginning is used in the legal description;
10. The initial point in the description shall be
accurately tied to the nearest section corner,
quarter section corner or government lot corner,
and a certified corner record must be submitted to
the department of natural resources for such corner
in accordance with Florida Statutes section 177,
part III.
11. A location sketch showing the existing zoning and
land use classification of the subject site and of
the adjacent property;
12. All adjacent property identified by the subdivision
name, plat book and page number; if not platted, so
state;
13. Boundary lines of the subdivided tract shown as a
heavy line;
14. County and city limit lines within or abutting the
tract;
15. Permanent reference monuments and permanent control
point locations as prescribed in Chapter 177,
Florida Statutes, and installed prior to submission
of final plat;
16. Survey data including all pertinent dimensions;
17. Lot and block identification. Each lot and each
block shall be identified;
18. Street names;
19. The location and width of all existing or recorded
streets intersecting or contiguous to the boundary
of the plat by bearing and distances;
303
20. "Not included" parcels to be labelled "not a part E;',..
of this plat".
21. The intended use of all reserved areas shall be
shown on the plat";
22. All areas within the plat boundaries labelled as
either lots, rights-of-way, or tracts. The use and
maintenance responsibilities of all tracts shall be
noted on the plat;
23. All easements including limited access easements
shall be graphically depicted and dimensioned;
24. The following statements shall be noted on the plat
in a prominent place:
"Notice: No construction, trees or shrubs will be
placed in easements without county approval," and
"Notice: There may be additional restrictions that
are not recorded on this plat that may be found in
the public records of this county.";
25. A three -inch -by -five -inch space in the upper
righthand corner of each sheet to be used by the
clerk of the circuit court for recording
information. The following shall be depicted
within said space:
PLAT BOOK:
PAGE:
DOCKET NUMBER:
26. No strip or parcel of land reserved by the owner
unless it is of sufficient size to be of some
particular use or service or is environmentally
sensitive; and
27. The boundary of the final plat having a
mathematical error of closure not greater than .01
foot. Any plat undertaking to establish a local
tidal datum and determine the location of the mean
high water line or mean low water line shall comply
with the notification requirements of Florida
Statutes section 177.37.
28. All subdivisions abutting the Atlantic Ocean shall
provide a note on the final plat which states that
individual or shared private beach accesses, must
comply with all standards of Chapter 932.
J
(E) Covenants, Restrictions, Reservations.
1. All covenants, restrictions or reservations placed
by the developer or required by the county shall
appear onthe final plat or be established by
separate recorded document, which documents shall
be submitted to the county with the final plat. If
done by separate document, the public record
location of such documents shall be indicated
beneath the subdivision name as follows: "Covenants
restrictions, or reservations affecting the
ownership or use of the property shown in this plat
are filed in Official Record Book No.
, page ."
2. When deemed necessary by the county's utilities
department to ensure the proper future expansion of
utilities services, a covenant document shall be
filed with the plat that includes the following
statement: "In the future, when a potable water
distribution and/or a wastewater collection system
becomes available to service the subdivision,
service improvements and connection shall be made
by the homeowners' association, or by the property
owners, to all lots and shall be paid by the
homeowners' association or by the property owners".
All deeds conveying properties within the
subdivision shall reference the covenant document.
(F) Certifications. The final plat shall contain on the face
or first page the following certifications, dedications,
and approvals, all executed and acknowledged as required
by law, in the forms set forth below:
1. Dedications. The purpose of all reserved areas
shown or referred to on the plat and of the
improvements shall be defined in the dedication.
All areas reserved for use by the residents of the
subdivision and all areas or facilities intended
for public use, shall be specifically dedicated by
the owner of the land at the time the plat is
recorded. All streets, rights-of-way, easements,
recreation facilities designed to serve more than
one property owner shall be dedicated to the county
or to a private property owners' association in a
manner that will ensure access to and use by
present and future owners of the properties to be
served. Where private dedications are involved,
ownership and maintenance association documents
shall be submitted with the final plat. The
dedication shall clearly dedicate the private
facilities to the association without recourse to
the county or any other public agency. All
dedicated areas shall be identified as tracts
unless all such areas are dedicated to one entity
305
and clearly identifiable. All dedications shall be
in the following forms or as approved by the county
attorney:
CERTIFICATE OF DEDICATION
(Corporate)
STATE OF
COUNTY OF
KNOW ALL MEN BY THESE PRESENTS, that (exact
corporate name), a (state) corporation, fee simple
owner of the land described and platted herein, as
(exact name of subdivision), being in Indian River
County, Florida, have caused said lands to be
surveyed and platted as shown hereon and does
hereby- dedicate as follows:
(Individual)
KNOW ALL MEN BY THESE PRESENTS, that
, fee simple owner of the land
described and platted herein, as (exact name of
subdivision), being in Indian River County, has
caused said lands to be surveyed and platted as
shown hereon and does hereby dedicate as follows:
(SELECT AS APPROPRIATE):
a. Streets and right-of-ways:
(For public streets)
All streets and rights-of-way shown on this
plat (name specifically if less than all) are
hereby dedicated in perpetuity to Indian River
County, Florida for the use and benefit of the
public for proper purposes.
(For private streets)
All streets and rights-of-way shown on this
plat (name specifically if less than all) are
hereby declared to be and shall remain
private. They are dedicated for the use and
benefit of the owners and residents of this
subdivision, and shall be the perpetual
maintenance obligation of the (state exact
legal name of maintenance entity). All public
authorities, including but not limited to
police, fire, ambulance, and utility providers
shall have the right to use the streets in the
course of performing their respective duties.
The board of county commissioners of Indian
River County, Florida, shall have no
responsibility, duty or liability whatsoever
regarding such streets.
306
b. Utility easements:
The utility easements shown are dedicated in
perpetuity to Indian River County for the
construction, installation, maintenance and
operation of utilities by any utility
provider, including cable television services,
in compliance with such ordinances and
regulations as may be adopted from time to
time by the board of county commissioners of
Indian River County, Florida.
c. Drainage and storm water management easements:
The drainage easements and storm water
management tracts or easements as shown are
dedicated in perpetuity for construction and
maintenance of drainage facilities and shall
be the perpetual maintenance obligation of the
(give exact name of maintenance entity).
Front yard drainage easements are subject to
the right of each lot to have a driveway for
ingress/egress as approved by the county.
d. Park and recreation areas:
The park and recreation areas as shown are
dedicated in perpetuity for the (exclusive use
and enjoyment of the owners of lots in this
subdivision) (Use and enjoyment of the public)
and shall be the perpetual maintenance
obligation of (give exact name of maintenance
entity, if private) (Indian River County,
Florida.)
e. Limited access easements:
The limited access easements as shown are
dedicated in perpetuity to the board of county
commissioners of Indian River County, Florida
for the purposes of control and jurisdiction
over access rights.
(ADD APPROPRIATE CONCLUSION):
(Corporate)
IN WITNESS WHEREOF, the above named
corporation has caused these presents to be
signed by its and its corporate
seal to be affixed hereto by and with the
authority of its board of directors this
day of , 19
(FULL CORPORATE NAME),a corporation of the
State of
By: (Signature of president
or vice president or chief executive) Type
Name and Title of Officer (signature must have
two (2) witnesses or be under corporate seal).
(Individual)
IN WITNESS WHEREOF,(I)(we),(name(s), have
hereunto set (my)(our) hand(s) and seal(s)
this day of , 19
WITNESSES:
(Typed named)
(signature)
(ADD ACKNOWLEDGEMENT OF THOSE EXECUTING THE
DEDICATION)
f. Conservation easements as shown are dedicated
in perpetuity to the Board of County
Commissioners of Indian River County, Florida
for the purpose of preservation of native
vegetation.
2. Joinder and consent to dedication by mortgagee or
other party in interest:
MORTGAGEE'S CONSENT
STATE OF
COUNTY OF
The undersigned hereby certifies that it is the
holder of (a) mortgage(s), lien(s), or other
encumbrance(s) upon the property described hereon
and does hereby join in and consent to the
dedication of the land described in said dedication
by the owner thereof and agrees that its
mortgage(s), lien(s), or other encumbrance(s) which
(is)(are) recorded in Official Record Book
at page(s) of the public records
of Indian River County, Florida, shall be
subordinated to the dedication shown hereon.
(CORPORATE)
IN WITNESS WHEREOF, the said corporation has caused
the presents to be signed by its and
its corporate seal to be affixed hereon by and with
the authority of its board of director this
day of , 19
(Corporate Name), a corporation of the State of
308
Pe
By (signature of president vice president or chief
executive officer)
(Typed name and title of officer)
303.1
•
A A A A
(AFFIX CORPORATE SEAL) or have two witnesses
(INDIVIDUAL)
IN WITNESS WHEREOF,(I)(we),
do hereunto set (my)(our) hand(s) and
seal(s) this day of , 19
WITNESSES.
(signature)
(Typed name)
(ADD ACKNOWLEDGEMENT OF THOSE EXECUTING MORTGAGEE'S
CONSENT)
NOTE: In accordance with Florida Statutes, Section
177.081, this joinder may be executed by a separate
instrument joining in and ratifying the plat and
all dedications thereon. If this means of joinder
is used, such fact must be stated on the plat
together with a reference to the location in the
public records of such separate instrument.
3. Certificate of title. A title certification shall
appear on the face or first page of each plat and
shall state:
a. The lands as described and shown on the plat
are in the name of, and apparent record title
is held by, the person, persons, or
organizations executing the dedication;
b. That all taxes have been paid on said
property as required by Section 197.192,
Florida Statutes, as amended; and
c. The official record book and page number of
all mortgages, liens, or other encumbrances
against the land, and the names of all persons
holding an interest in such mortgage, lien or
encumbrance.
The title certification shall be an opinion of
a Florida attorney-at-law or the certification
of an abstract or title insurance company
licensed to do business in Florida. The county
reserves the right to require that the title
certification be brought current at the time
of final plat approval.
4. Certificate of surveyor. The plat shall contain:
a. The signature, registration number and
official seal of the land surveyor, certifying
the survey data compiled and shown on the plat
309
complies with all of the requirements of
Chapter 177, Florida Statutes, as amended,
chapter in the following forms:
CERTIFICATE OF SURVEYOR
KNOW ALL MEN BY THESE PRESENTS, That the
undersigned, being a licensed and registered
land surveyor, does hereby certify that on
he completed the survey of the
lands as shown in the foregoing plat; that
said plat is a correct presentation of the
lands therein described and platted or
subdivided; that permanent reference monuments
have been placed and each P.C.P. will be set
as shown thereon as required by Chapter 177,
Florida Statutes and Subdivisions and
Platting, Chapter 913; and that said land is
located in Indian River County, Florida.
Dated Registration No.
b. A statement that permanent reference
monuments, "P.R.M.," have been set in
compliance with Chapter 177, Florida Statutes,
as amended; and
c. Each P.C.P. will be set under the direction
and supervision of the surveyor within one
year from the date the plat was recorded.
When required improvements have been completed
prior to the recording of a plat, the
certification shall state that each P.C.P. has
been set in compliance with the laws of the
State of Florida and ordinances of Indian
River County. When plats are recorded and
improvements are to be accomplished under
surety posted as provided for by this
ordinance, the required improvements and
surety shall include each P.C.P. In this case
the certification will state that each P.C.P.
will be set and the surveyor will file an
affidavit of record when set in place.
5. Certificate of approval by the board of county
commissioners. The plat shall contain the approval
and signature block for the board of county
commissioners and the acknowledgement and signature
block of the clerk of circuit court and the county
attorney. In the event the plat contains
dedications to the county, this certificate shall
also indicate whether the county accepts in whole
or in part the dedications made. The following
form is acceptable:
310
CERTIFICATE OF APPROVAL BY BOARD OF COUNTY
COMMISSIONERS
THIS IS TO CERTIFY, that on the
foregoing plat was approved by the board of county
commissioners of Indian River County, Florida.
(Address acceptance of dedications in whole or in
part, as appropriate.)
Chairman of the Board
Attest:
Clerk to the Board
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
County Attorney
6. Certificate of approval by county administrator.
The plat shall contain the approval and signature
block of the county administrator in the following
form:
CERTIFICATE OF APPROVAL BY COUNTY ADMINISTRATOR
Examined and Approved Date
7. Clerk's certification.
State of Florida
County of Indian River
I, clerk of circuit court of Indian River County,
Florida, do hereby certify that I have examined
this plat of subdivision and that it
complies with all the requirements of Chapter 177
of the Laws of Florida. This plat filed for record
this day of , 19 , and
recorded on Page of Plat Book in
the office of the clerk of circuit court of Indian
River County, Florida
By:
Deputy Clerk of Circuit Court
Indian River County, Florida
8. Instrument Prepared By. The name and address of
the natural person who prepared the plat shall be
contained on the plat. The name and address shall
311
be in statement form consisting of the words, "This
instrument was prepared by (name), (address)."
9. Signatures. All signatures required shall be
originals on the final plat and shall be made in
permanent dark ink acceptable to the public works
director.
(G) Review of final plat documents.
development director or his designee
applications for review by the TRC,
as stated in section 913.07(4)(F).
and county surveyor must review
scheduling for Final Plat to
commissioners.
The community
shall schedule all
in the same manner
The clerk of court
mylars prior to
board of county
(H) Approval by the board. Upon completion of the county
staff review, the final plat and application along with
recommendations shall be forwarded to the board of
county commissioners for review and consideration for
approval. The board of county commissioners shall
determine whether the final plat is in substantial
conformity with the preliminary plat and meets all the
requirements of the laws, rules and regulations of
Indian River County and after consideration shall
approve, postpone for future consideration, approve
subject to specified conditions or disapprove for stated
reasons.
In rejecting any final plat, the board shall provide
reasons for such action and recommendation making
reference to specific sections in these regulations and
Florida Statutes, Chapter 177 or applicable county
policy established by the board. The community
development division shall send a copy of such reasons
to the developer within ten (10) working days following
the commission meeting. The subdivider may comply with
the recommendations made by the board of county
commissioners and resubmit the final plat to the
community development division for processing as
prescribed above. The commission shall indicate its
approval on the final plat by signature of the Chairman.
(I) Recording. The final plat shall then be accepted by the
county clerk for recording in the circuit court of
Indian River County. After recording, the developer may
sell lots.
(J)
Acceptance of Public Improvements. Approval of said
final plat shall constitute acceptance by the county of
all public areas or improvements dedicated to Indian
River County according to the terms set out in the
acceptance block.
312
1. The owner shall be required to maintain the
accepted improvements in good condition for a
period of one year from the date of final plat
approval or one year from the date that a
certificate of completion is issued by the
community development director, whichever is later.
At the end of the one-year period, the improvements
shall be in such condition that they meet the
requirements of this ordinance as it existed at the
time of approval of the final plat.
2. The county accepts no obligation to perform any act
of construction or maintenance except when the
obligation is voluntarily and expressly assumed by
the county.
3. The county shall withhold all public improvements,
including the maintenance of streets, from all
subdivisions which have not been accepted in the
manner herein provided.
4. No changes, erasures, modifications or revisions
shall be made in any final plat after approval
unless the plat is first resubmitted for approval.
5. There shall be no reference to any possible
reversion of any property in the dedication of a
plat.
6. The developer shall pay all of the costs of public
improvements and certify that they have been paid
at the time of dedication or at the time of
issuance of a certificate of completion.
7. All mortgagees or others having a lien on the land
shall join in or ratify the plat and all
dedications thereon executed and shall certify that
all dedicated lands are free from such mortgages or
other liens.
8. The county will accept no obligation to repair or
maintain navigable canals, waterways or bulkheads.
Waterways and canals must be dedicated to and
accepted by a property owners' association.
Bulkheads that abut private or public streets must
also be accepted for maintenance and repair by the
property owners' association.
Plat Vacation Requests. Plat vacation requests shall be made
through the planning department on applications furnished by
that department. A filing fee established by the board of
county commissioners by resolution shall accompany any
request. The request will be reviewed by the technical review
committee as scheduled by the planning department. The
313
request will be scheduled for consideration by the board of
county commissioners in accordance with Florida Statutes
Chapter 177.101, which governs plat vacations.
(8) Right -of -Way Abandonment Requests. Right -of -Way Abandonment
requests are made through the planning division on
applications furnished by that department. A filing fee
established by the board of county commissioners shall
accompany any request. The request shall be reviewed by the
technical review committee as scheduled by the planning
division. Once the applicant has adequately addressed all
TRC comments, the abandonment request will be scheduled for
consideration by the board of county commissioners in
accordance with the Florida Statutes Chapter 336, which
governs right-of-way abandonments.
Section 913.08 Required Improvements.
(1) Improvements Required in All Subdivisions. Each subdivision
shall contain the following improvements designed and
constructed to conform to the requirements and specifications
in the applicable laws of Indian River County and the State
of Florida:
(A) Streets;
(B) Easements;
(C) Utilities systems;
(D) Erosion control provisions;
(E) Stormwater and floodwater management system according to
Chapter 930;
(F) Street signs and traffic control markings and signs;
(G) Permanent control points;
(H) Rights -of -Way; and
(I) Tree and vegetation protection;
(2) Improvements Required in Some Subdivisions. Each subdivision
shall contain the following improvements designed and
constructed to conform to the requirements and specifications
in the land development regulations of Indian River County
and the State of Florida if required in the zoning district
or other land development regulations applicable to the
subdivision:
(A) Bikeways;
(B) Sidewalks;
314
(C) Alleys;
(D) Buffering facilities and areas;
(E) Fire hydrants;
(F) Parks and recreational areas and facilities (see
Section 913.09(20));
(G) Beach access structures and areas;
(H) Curbing;
(I) Street lights;
(K) Bridges and culverts when necessary;
(L) Filling and drainage as necessary;
(M) Traffic control devices as necessary;
(N) Header curbs;
(0) Native vegetation preserve areas;
(P) Environmentally sensitive land preserve areas;
(Q) Emergency access;
(R) Transportation system improvements (off-site and
on-site);
(S) Marginal and limited access easements; and
(T) Other provisions as may be required by land
development regulations.
Section 913.09 Design Standards and Requirements.
1. Introduction
2. Preservation of natural or historic features
3. Streets
4. Bikeways
5. Sidewalks
6. Lots
7. Utilities
8. Alleys
9. Walls and Fences
10. Waterways
11. Erosion Control
12. Bridges
13. Storm and floodwater systems
14. Signs
15. Planned Developments
315
16. Fire Hydrants
17. Canals and Waterways
18. Bulkheads
19. Dune Cross -Overs
20. Active Recreation Setbacks or Buffers
(1) Introduction. All subdivisions shall be designed in
conformity with the requirements of this section.
The following department of transportation manuals (latest
editions) shall serve as guidelines in conformance with this
chapter and Indian River County Standard Specifications.
Subject
Department of Transportation
Manuals (latest Editions)
Drainage Design
Construction
Specifications
and Methods
Road Design Stand-
ards
Drainage Manual
Standard Specifications for
Road and Bridge Construction;
and Roadway and Traffic
Design Standards
Manual of Uniform Minimum
Standards for Design, Con-
struction, and Maintenance
for Streets and Highways;
and Roadway and Traffic
Design Standards
Traffic Generation 1985 Highway Capacity Manual;
Transportation Circular 212,
Highway Reserve Board;
Manual of Trip Generation,
Institute of Traffic Engin-
eers
(2) Preservation of Natural or Historic Features. In all
subdivisions, the applicant shall take reasonable measures to
preserve all natural, archaeological, and historic features
which will add attractiveness and value to the remainder of
the property being subdivided. Some of these features are
large trees, water resources, archaeological and historic
areas and structures and similar community assets. All
applicable requirements found in Chapter 933, Historical and
Archeological Resources Protection, shall be satisfied.
(3) Streets and Rights -of -Way.
(A) Applicable standards. All streets, highways and
lighting shall substantially conform to be in compliance
with the following guidelines and standards.
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Subject Manuals (Latest Edition
Pavement Guide for Design of Pavement Structures
AASHTO
Traffic Manual on Uniform Traffic Control
Control Devices, FHWA
Traffic Chapter 952 (Traffic), Indian River
(General) County Land Development Regulations
(B) Compliance with Chapter 952, Traffic Standards. All
subdivisions shall comply with the standards set forth
in Chapter 952 (Traffic).
1. Minimum street and rights-of-way widths. The
minimum street and rights-of-way widths shall be as
stated in Chapter 952, Traffic. The board of
county commissioners may require the increase of
right-of-way and pavement widths if it finds that
the modification in width is consistent with the
projected traffic needs and good engineering
practice. No variance will be granted on minimum
right-of-way widths for public streets. Right-of-
way widths for one-way streets may be reduced from
the above standards as approved by the public works
director.
(C) Relation to existing streets.
1. Adjoining areas. The pattern of streets in new
subdivisions shall provide for the continuation of
existing streets from adjoining areas, or for their
proper projection where adjoining land is not
subdivided.
2. Adjacent areas. Where street extensions into
adjacent undeveloped land are necessary to ensure
a coordinated street system, or to provide adequate
access and circulation for future development,
provisions for such future street or streets shall
be made.
3. Extensions to existing roadways. Extensions of
existing public roads may be required to provide
adequate access and circulation, and/or to mitigate
against the negative impacts of developments having
lengthy dead -ended streets or closed street
systems. Failure to provide adequate extensions
may result in a reduction (to a density as low as
one unit per acre) in the number of lots served by
long dead -ended street systems.
4. Emergency Access. The Planning and Zoning
Commission may require one or more emergency
accessways; with corresponding easements,
construction, and maintenance provisions, where it
317
is. determined that the
points proposed should
access alternatives to
delivery of emergency
project residents with
emergencies.
permanent access point or
be augmented by emergency
facilitate and ensure the
services and to provide
access alternatives during
5. Abutting arterials. Where a subdivision abuts or
contains an existing or proposed major or minor
arterial street, special provisions shall be made
to minimize vehicular traffic noise to residential
sites. The special provisions shall include one or
more of the following:
a. A marginal access street;
b. Buffer zones. A twenty-four (24) foot
bufferyard with a berm and plant screening
where lots are to be backed to the arterial.
The berm shall be constructed with a slope not
greater than thirty-three (33) percent and the
plant screening must be of a type approved in
the landscape ordinance and must be at least
twenty-four (24) inches in height when planted
and, including the height of the berm, reach
six (6) feet in three (3) years. Screening
foliage must produce a solid screen and be of
the type that will fill-in at ground level at
maturity. Adequate irrigation shall be
provided together with maintenance provisions
by a homeowner's association.
c. A solid wall, at least six (6) feet in height,
above the mean average elevation of the sites.
d. The planning and zoning commission may require
additional or alternative provisions as
warranted by special circumstances, including
the existence and preparation of existing
vegetation.
6. Half -streets. The creation of half -streets is
prohibited except where a previously platted half -
street abuts the subject tract in which case the
unplatted one-half street shall be created, or
except where the public works and community
development directors determine that a half street
area is required to be created to project an
existing right-of-way alignment to an adjacent
property to allow for the future development.
7. Intersections.
a. All streets shall be arranged, if possible, to
intersect at right angles.
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b. Curved streets shall have an essentially
straight tangent, at intersections, of at
least one hundred (100) feet.
c. Intersections on arterial or collector routes
shall have acceleration, deceleration and
turning lanes if found to be necessary by the
county public works director due to the number
of total or peak trips or the type of
vehicle(s) using the intersections.
d. Intersections of more than two (2) streets at
one point are prohibited.
e. Street jogs with center line offsets of less
than two hundred and fifty (250) feet shall
not be allowed unless approved by the public
works director.
f. Local street intersections along collector
streets identified on the county thoroughfare
plan shall be no closer together than three
hundred thirty (330) feet or as approved by
the public works division.
g. The first point of access to a marginal access
road from a primary collector or arterial
street shall be at least three hundred and
thirty (330) feet from the intersecting right-
of-way lines of arterials as shown on the
Indian River County Thoroughfare Plan with
subsequent intervening access points being at
least six hundred and sixty (660) feet from
the intersecting right-of-way lines, unless
otherwise approved by the public works
director and the community development
director.
h. Marginal access roads must comply with minimum
internal intersection separation requirements
of 200 feet.
Median access points on arterial roads shall
be allowed only at intersections of other
arterial roads or of collector roads.
Deceleration lanes may be required.
Additional access points may be permitted if
deemed necessary by the public works division.
On any arterial or collector road, the
required road right-of-way width may be
increased by twelve (12) feet, if deemed
necessary by the public works director, within
one hundred fifty (150) feet of the
319
intersection with another arterial to permit
proper intersection design or improvements.
8. Dedication to public required. All streets shall
be either dedicated to the public or dedicated to
and maintained by a private homeowners'
association. If a street proposed for dedication
to the county in a new subdivision will be a
continuation of an existing dedicated and accepted
street, the entire street right-of-way for the
proposed street shall be dedicated to the public
and platted with the subdivision. Roads deemed
necessary to provide access to adjacent properties
shall be dedicated to the public unless adequate
legal provisions can be made to guarantee access to
and use of the street system by area property
owners.
(D) Dead-end streets and cul-de-sacs.
1. Dead-end streets or cul-de-sacs with one end
permanently closed shall not exceed five hundred
(500) feet in length unless the lots are more than
one acre in size or as approved by the community
development director. Length shall be measured
from the center of the cul-de-sac to the center
line of the intersecting street. -
2. All cul-de-sacs shall terminate with a circular
right-of-way having a minimum outside diameter of
one hundred (100) feet and a pavement radius of no
less than seventy-five (75) feet in diameter. If
closed drainage is constructed, the right-of-way
may be reduced to eighty-eight (88) feet (see
figure).
3. Where a street is to be temporarily dead -ended at a
property line and is to be continued when adjoining
property is subdivided, a temporary "T" type
turnaround shall be provided, but must be a minimum
of 50' from the nearest lot drive.
(E) Intersection radii.
1. At intersections, rights-of-way shall be joined by
arcs tangent to the right-of-way lines and having a
radius of at least twenty-five (25) feet. Increa-
sed radii may be required as provided for in the
requirements of Chapter 952, Traffic.
2. At the end of a cul-de-sac, the right-of-way line
on the outside of the turning circle shall be
joined to the right-of-way line along the street by
arcs having a radius of at least twenty-five (25)
feet.
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(F) Street side swales. All swales in street rights-of-way
shall:
1. Comply with standard county specifications;
2. Be designed to accumulate and carry water pursuant
to a stormwater and flood protection plan 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.
(G) Median divider strips. Median divider strips shall be
allowed in accordance with the M.U.T.C.D., provided the
right-of-way is expanded in an amount corresponding to
the width of the median. Maintenance and irrigation
shall be the responsibility of the homeowners
association, approved by Public Works.
(H) Street designations. New streets which are extensions
of existing streets shall bear the designation of the
existing street. All others shall be designated with
the approval of the Indian River County planning
division in conformance with Chapter 951. In no case
shall a name for a proposed street duplicate or closely
approximate an existing street name. The community
development division shall notify all interested
agencies of street designation changes or new streets
including the postal service, the sheriff's department
and 911 emergency system.
(I) Traffic -control devices. The design of traffic -control
devices shall be in conformance with the Manual of
Uniform Traffic Control Devices and shall be provided as
required by the public works division.
(J)
Subdivision roads shall be paved in accordance with the
following county specifications:
1. Local Roads (Flexible Pavement). A stabilized sub -
grade of 8" compacted to 98% maximum dry density;
the base should consist of, 6" of soil cement with
a minimum 28 days strength of 300 pounds per square
inch, or 6" of limerock meeting FDOT
specifications, compacted to 98% dry density and an
asphaltic surface of 1" Type S-11, or Type -III, in
addition, the minimum specifications should require
that a 5 foot shoulder stabilized to a depth of 6"
321
be. provided to accommodate subdivision parking and
vehicles that might run off the road, for a rural
section. For a curb and gutter street, the
stabilization should extend to 6" behind the back
of the curb.
2. Collector and Arterial Roads (Flexible Pavement and
Soil Cement Base). Public works requires that a
minimum design should incorporate traffic
projections for a 20 year life and should be
designed according to the Florida Department of
Transportation Flexible Pavement Design Manual
latest revision, or the American Association of
State Highway and Transportation Officials Guide
for the Design of Pavement Structures. The typical
sections should incorporate swales and a minimum
median of 16 feet for multi -lane divided highways.
All right-of-ways should be sufficient to
accommodate these requirements. For 2 lane
undivided arterial collector roadways a minimum of
24 feet of pavement with 8 foot stabilized
shoulders should be required.
3. All Roads (Rigid Pavement). All rigid pavements
will be designed in accord with the AASHTO Guide
for Design of Pavement Structures.
4. All streets in excess of 1,000 feet in length shall
have a minimum design speed of 30 m.p.h. with
appropriate intersection design and traffic control
devices. Streets less than 1,000 feet in length
shall have a minimum design speed of 20 m.p.h.
Terminus points for the purpose of measuring
lengths shall be intersections, or from any point
with a deflection angle greater than 45 degrees.
(4) Bikeways.
(A) Locations. The project developer shall install or
escrow as provided for in section 913.09(4)(E) a
bikeway(s) along the project site's frontage on all
rights-of-way or easements as designated in the county
bikeway/sidewalk plan and along all streets designated
by the community development department as school access
corridors. With the approval of the board of county
commissioners, sufficient funds may be escrowed by the
developer with the county to complete the required
bikeway.
(B) Specifications. Bikeways shall be constructed in
accordance with specifications found in the County's
comprehensive bikeway and sidewalk plan. In reviewing
proposed bikeway specifications, the public works
department shall consider the applicability of the
following guidelines. Bikeways shalt:
322
1. Be the width specified in the County
Comprehensive bikeway and sidewalk plan;
2. Be constructed in accordance with the "Bicycle
Facilities Planning and Design Manual" (1982
revision) prepared by the Florida Department
of Transportation and the Bikeway and Sidewalk
Plan.
(C) Alternate specifications. Where any of the above
guidelines are impractical or impossible to implement,
the applicant, with the approval of the public works
director, may substitute suitable alternate
specifications described in the referenced design
manual.
(D) Identification. Bikeways shall be posted or identified
by permanent markings as follows:
Area Characteristics Sign -Placement, Pavement -
Marking Criteria
Commercial
Residential
Rural
At each intersecting
street and thereafter
every 500 feet
At each intersection
and thereafter every 1000
feet
At each street intersec-
tion and thereafter
every 2000 feet
(E) Construction prior to final inspection. Bikeways shall
be installed prior to final inspection of the
subdivision improvements. However, the board shall have
the discretion to grant the applicant a two-year period
after final inspection of subdivision improvements to
construct bikeways if the applicant posts construction
security in the amount of one hundred fifteen (115)
percent of the construction costs.
Sidewalks.
(A) Placement and construction. Placement and
construction of sidewalks and sidewalk improvements
shall conform to the county comprehensive bikeway
and sidewalk plan, and to the improvement
requirements in the applicable zoning district
regulations.
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(B) Locations. Sidewalks shall be either constructed
or guaranteed for future construction by escrowing
funds as provided for in section 913.09(5)(D),
within new subdivision project sites and along road
rights-of-way adjacent to projects, as follows:
1. All subdivisions shall provide sidewalks along
the entire frontage of adjacent roads
designated by the thoroughfare plan as
arterials or collector roadways (including
subdivision collector or subdivision feeder
roads), unless otherwise indicated by the
county comprehensive bikeway and sidewalk
plan. Projects may be exempted from this
requirement upon a determination, by the
public works and community development
directors, that the need for providing a
sidewalk(s) along the adjacent road right(s)-
of-way frontage of a site is precluded by
physical or design constraints.
2. All subdivisions shall provide sidewalks along
the entire frontage of all adjacent roads
designated by the county comprehensive bikeway
and sidewalk plan as being school access
routes; and
3. Sidewalks shall be located along the entire
frontage of all adjacent local streets, and on
both sides of all interior local streets
within a subdivision except where one or more
of the following criteria are satisfied:
a. Within residential subdivisions a street
segment serving no more than twenty (20)
lots terminates in a cul-de-sac where a
future extension of the street beyond the
cul-de-sac is not needed as determined
by the county traffic engineer. In such
cases no sidewalks shall be required.
b. The density within the subdivision, if a
residential subdivision, is not greater
than three (3) units per acre. In such
cases no sidewalks shall be required.
c. The community development director and
the public works director approve an
exemption based upon one or more of the
following criteria:
I. It is anticipated that the
uses(s) (non-residential only) will
324
not attract or generate significant
pedestrian traffic;
II. A nearby existing or planned
sidewalk will adequately serve
anticipated pedestrian traffic
attracted or generated by the
subdivision;
III. The anticipated use(s) (non-
residential only) or vehicular
traffic characteristics of the
subdivision are incompatible with
pedestrian traffic;
IV. The location of the subdivision or
existing street conditions (site
plan projects only) are such that it
is anticipated that sidewalks could
not be effectively integrated into
an existing or planned sidewalk
system;
V. The developer provides for an
alternate route and/or improvement
that adequately accommodates
pedestrian traffic and movement and
coordinates with existing and
planned sidewalks.
Decisions by the community development
director and the public works director to
approve, approve with conditions, or deny
an exemption request may be appealed to
the planning and zoning commission.
Planning and zoning commission decisions
regarding exemption requests may be
appealed to the board of county
commissioners.
Note: These exemptions, 3. a, b, and c,
apply to local streets only, and do not
apply to any collector or subdivision
feeder roads as designated by the
thoroughfare plan or the public works and
community development director.
(C) Specifications.
1. All sidewalks shall:
A. Be at least five (5) feet wide along arterial
and collector roadways, four (4) feet wide
along local roadways;
325
B. Be located outside of the roadside recovery t
area unless protective devices are provided
(i.e. nonmountable curbs);
C. Have a curb cut and a ramp for wheelchairs at
all intersection as specified in Indian River
County Standard Specifications (see figure);
and
D. Be constructed in accordance with the
referenced specifications and standards of
this chapter.
E. Have (as may be required by the Planning and
Zoning Commission) additional right-of-way and
pavement at schools, shopping centers, parks
and other high pedestrian traffic sites be
provided and dedicated to the county as may be
necessary to facilitate anticipated higher
pedestrian traffic.
2. Sidewalks are not required along cul-de-sac
circles. Where sidewalks are required along a
roadway that terminates in a cul-de-sac and where
no sidewalks are proposed within the cul-de-sac
circle, the sidewalks shall terminate at or into
the cul-de-sac circle by a design approved by the
public works department.
(D) Construction or bonding out prior to final inspection.
Sidewalks shall be installed prior to final inspection of
the subdivision improvements unless the applicant is
proposing to "bond -out" for sidewalk improvements. The
board shall have the discretion to grant the applicant a
two-year period, after final inspection of subdivision
improvements, to construct sidewalks if the applicant
executes a contract for construction of the required
improvements and posts construction security in the
amount of one hundred fifteen (115) percent of the
construction costs. Such contracts and corresponding
security may be extended for a period of two (2) years in
addition to the original two (2) years under contract by
approval of both the public works director and the
community development director for sidewalks to be
constructed along local roadways.
(6) Lots.
(A) Size.
1. The area and dimension of all lots, except where
site plan approved projects are being platted over,
will conform to the requirements of the Indian
River County land development regulations and to
the comprehensive land use plan.
2. Corner lots shall have along both street frontages
a width equal to the width required by the
appropriate zoning district regulations, plus the
326.2
difference between the required front yard setback
and the required side yard setback.
3. Substandard lots or remnants of land are prohibited
unless specifically use -designated, dedicated and
accepted as parks, environmentally sensitive areas,
buffer zones, or other common areas or as use
approved via an approved preliminary plat.
(B) Shape of lots.
1. Side lot lines shall be straight and essentially
perpendicular to straight street lines and redial
to curved street lines, unless the relationship of
existing or planned streets combined with the size
of the property in question would allow a superior
design not utilizing straight lot lines.
2. All lots must be of sufficient area and dimensions
to permit their use in full conformance with the
existing zoning regulations and land use plan.
3. Flag lots shall be prohibited along straight
segments of roadway and be avoided whenever
possible along curves and cul-de-sacs.
(C) Access to lots.
1. Every lot in a subdivision, except where site plan
approved projects are being platted over as a land
condominium or fee simple townhouse project, shall
have direct vehicular access to a dedicated local
or marginal access street which has been accepted
and maintained by Indian River County or by a
property owners' association.
2. Access points to all lots shall be:
a. At least thirty (30) feet from the right-of-
way line of the nearest intersecting street;
and
b. At least one hundred seventy-five (175) feet
from the nearest right-of-way line of the
intersection of a collector or higher
classification street with another collector
or higher classification street.
3. Access to any lot in a subdivision from an
arterial or collector street is prohibited;
limited access easements shall be provided
along such streets. Subdivisions will be
designed to provide access to lots by use of
327
local or marginal access streets or approved
driveways (non-residential subdivisions only).
4. Double frontage lots may only be created where they
front on and access a local street and the rear of
the lot is buffered as required in section
913.09(3)(c)5 of this chapter; limited access
easements shall be provided along such streets.
5. The frontage of lots that do not abut a cul-de-sac
or curves shall be greater than or equal to the
applicable minimum lot width required in the land
development regulations.
6. The frontage of lots that abut cul-de-sacs or
curves shall contain no less than thirty (30) feet
of chord distance. Said minimum chord distance
shall be deemed to satisfy lot frontage
requirements.
(7) Utilities.
(A) Easements shall be located on the interior side of the
front property line, centered on rear or side lot lines,
or as otherwise approved by the utilities department.
(B) Utilities shall be:
1. Installed underground except for the usual "on
ground" appurtenances used as part of the
underground systems, provided the "on ground"
appurtenances are so located as not to constitute
any type of hazard, and except as exempted under
913.09(7)(B)2.
2. Utilities other than water and sewer are exempt
from underground installation requirements in rural
areas, outside the urban services area, or where
such installation is not practical as determined by
the public works director.
3. Constructed in the easements or rights-of-way
provided for the particular utility.
4. Scheduled for construction so that all underground
work is completed or provisions made that no
finished construction will be disturbed in order to
install underground services in the future. All
underground improvements installed for the purpose
of future service connections shall be properly
capped and backfilled.
328
5. Located so as not to conflict with the operation or
maintenance of the drainage system.
(C) Subdivisions without public water or sewer systems.
Subdivision(s) that do not have public water or sewer
systems shall have a uniform plan for the location of
septic tanks and wells which shall be established by
deed restriction and submitted in accordance with
section 913.07(6)(E).
(8) Alleys.
(9)
(A) Dimensions.
1. Width of the alley right-of-way shall be a minimum
of twenty (20) feet.
2. Width of the alley pavement shall be a minimum of
eighteen (18) feet.
(B) Crowns may be either raised or inverted as required by
the relationship to the drainage plan with a transverse
slope of three-eighths inch per one foot.
(C) Grades shall be between three -tenths and five (5)
percent unless otherwise approved by the county
engineer.
(D) Intersecting alleys and sharp changes in alignment of
alleys are prohibited.
(E) Dead-end alleys are prohibited.
(F) Construction and materials. All construction shall meet
the requirements of the manual of the Indian River
County Standard Specifications. This construction will
require off-line treatment.
Walls and fences.
(A) General. All walls or fences constructed along any
perimeter boundary abutting any right-of-way shall:
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.
329
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.
(10) Waterways. All waterways and water bodies shall be designed
and constructed as specified Chapters 928, 930 and 934.
(11) Erosion Control. All easements, unpaved right-of-way areas,
and dedicated tracts on the plat shall be grassed in
accordance with the applicable standards in Chapter 930.
Erosion control facilities such as headwalls, retaining
walls, and others shall be installed where necessary. Slopes
steeper than three (3) feet horizontal to one foot vertical
shall be solid sod and pegged. Dedicated county road right-
of-way shall be restored with solid sod if disturbed during
construction.
(12) Bridges. All bridges shall:
(A) Be designed in general accordance with the current
standards and practices of the department of
transportation;
(B) Be designed for department of transportation's H -20-
S16-44 loading standard;
(C) Be constructed of reinforced concrete. Other low
maintenance materials may be used if approved by the
public works director and the board of county
commissioners;
(D) Include provisions for utility installation;
(E) Have a clear road width, between curbs, of two (2) feet
on each side in excess of the pavement width;
(F) Include a continuation of any sidewalk or bikeway
improvements established within the right-of-way; and
(G) Include adequate erosion protection.
(13) Storm 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.
(14) Signs. All street signs erected on the subdivision site
shall conform to the requirements of Chapter 956, Signs.
330
(15) Planned Developments. All planned developments shall conform
to the requirements of Chapter 915, Planned Developments.
(16) Fire Hydrants. Fire hydrant systems shall be provided in all
subdivisions served by a water system. The hydrants and
water supply systems shall be located, designed and installed
in conformance with the rules of all applicable regulatory
agencies and the fire district in which the property exists
and shall be spaced to have a five -hundred foot radius of
coverage.
(17) Canals and Waterways. Width and depth: The excavation of
navigable canals or waterways from submerged lands in Class
II waters, aquatic preserves or the boundaries of the Pelican
Island National Wildlife Refuge is prohibited. When
permitted, canals and waterways shall be the minimum width
necessary to accomplish the purpose for which they are
constructed. An applicant desiring to construct a canal or
waterway must affirmatively show a design that will prevent
stagnation and eutrophication of the system, provide
sufficient flushing and maintain the ambient water quality.
The excavation of any such canal or waterway shall not be for
the purpose of obtaining fill. All proposed and constructed
canals and waterways shall conform to the requirements of
Chapters 928, 930, 932, and 934.
(18) Bulkheads. Bulkheading is not permitted unless the applicant
can obtain a variance pursuant to the provisions of section
913.11. In addition to the section 913.11 review criteria,
the applicant must also demonstrate, to the satisfaction of
the board of county commissioners, that the project will not
damage the environment or adjoining properties, prior to
approval for any variance to allow bulkheading. The
applicant shall follow the variance procedure of section
913.11. All proposed bulkheads shall comply with the
requirements of Chapter 932.
(19) Dune Cross -Overs. All subdivisions abutting the Atlantic
Ocean shall provide at least one (1) common beach access
(dune crossover) that meets all applicable standards of
Chapter 932. A note must be included on the final plat which
states that individual or shared private beach accesses must
comply with all standards of Chapter 932.
(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:
331
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 Type "C" buffer with a six (6) 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.
Section 913.10 Security for Construction and for Maintenance of
Required Improvements.
(1) Construction security.
(A) When construction of required improvements is to be
completed following final plat approval, the developer
shall, at or prior to final plat approval, execute a
contract for construction of the required improvements
and post security in an amount equal to one hundred
fifteen (115) percent of the estimated total cost of
improvements remaining to be constructed.
(B) The contract shall be on a form provided by the county
and shall obligate the developer to complete all
required improvements in accordance with the land
development permit, the approved plans and
specifications, and county development regulations and
standards, within a period of one year from the date of
final plat approval.
(C) The estimated total cost of improvements remaining to be
constructed shall include survey, engineering and
construction costs and shall be approved by the public
works director after review of an itemized cost estimate
prepared and certified by the developer's engineer, or
an actual contract price or portion thereof for the work
remaining, if available.
(D) The surety posted to guarantee performance of the
contract shall expire, if at all, no less than ninety
(90) days beyond the last date for performance
established by the contract, or any extension thereof.
The surety shall run in favor of the board of county
commissioners, must be in a form acceptable to the
county attorney, and may be either:
1. A performance bond underwritten by a surety insurer
authorized to transact such business in this state,
or
332
2. A .cash deposit and escrow agreement governing
control and use thereof, or
3. An irrevocable letter of credit, (issued by a
financial institution authorized to conduct
business within the state.
4. Other means of security acceptable to the county
attorney's office and the public works and/or
utilities departments.
(E) For good cause shown, the board of county commissioners
may in its discretion grant one or more extensions of
time for performance of any contract for required
improvements, provided the surety supporting such
contract remains valid for the required ninety -day
period following the newly extended time for
performance.
(F) No certificates of occupancy for residential occupancy
for any structure within a subdivision shall be issued
until all required improvements of the subdivision or
appropriate phase or area of the subdivision have been
accepted by the county, or where required improvements
are dedicated to a private association, until all
required improvements have been completed, and have been
inspected and approved by the county.
(2) Maintenance Security.
(A) At such time when the county agrees to accept the
dedication of any of the public improvements in a
subdivision, the developer shall execute an agreement
guaranteeing the required improvements against all
defects in workmanship or materials, including failure
to construct in accordance with approved plans and
specifications, for the period of one year from the date
of acceptance.
(B) The agreement shall be on a form provided by the county
attorney's office and shall be secured by the posting of
surety in an amount equal to twenty-five (25) percent of
the total actual cost of the improvements covered. The
surety shall be in one of the forms specified in section
913.10(1)(D) for construction security. Surety other
than performance bonds shall expire, if at all, no
earlier than ninety (90) days following the end of the
guarantee period. Performance bonds shall guarantee
performance without any time limitation other than the
statute of limitation.
(3) Failure to Perform. In the event a developer fails to
perform the obligations for construction or maintenance
required under the above referenced agreements, the board may
call upon the surety provided, or any portion thereof, to be
333
used for completion of the necessary remaining work. If the
surety is exhausted prior to completion of the work necessary
to complete the required improvements, the developer shall
remain liable to the county for any resulting deficiency.
The county is not responsible to complete any subdivision
with county funds.
(4) Release or Reduction of Security.
(A) No construction security shall be released until a
certificate of completion has been received, reviewed,
and approved by the community development director, or
his designee and security for maintenance has been
established as required above.
(B) Reduction in the amount of surety required, other than
a final draw or reduction, may be authorized by the
public works director after completion of any distinct
and separable phase or portion of the required
improvements. The amount of any given reduction shall
not exceed eighty (80) percent of the cost of the
completed work, as determined by the public works
director following review of a cost estimate for said
work prepared and certified by the developer's engineer.
A reduction in construction security shall not be
construed as acceptance of the improvements. Formal
acceptance of the improvements, unless expressly stated
otherwise by the board at the time of the reduction.
Formal acceptance shall occur as provided elsewhere in
this chapter, and only upon establishment of proper
maintenance security, where required.
(5) Security for Municipalities. If the applicant is required to
construct a public system which will be accepted by a
municipality, the applicant shall furnish the municipality
such security as the municipality may require, including
security for both performance and maintenance of the system.
Furthermore, prior to final plat approval, the applicant
shall furnish to the planning department, evidence from the
municipality that its requirements have been satisfied.
Section 913.11 Variances
(1) General. Where the board of county commissioners finds that
undue hardship or unreasonable practical difficulty may
result from strict compliance with this ordinance, the board
may approve a variance from the requirements of this
ordinance if the variance does not compromise the public
interest.
(2) Conditions. The board shall not approve a variance unless it
finds all of the following:
(A) The particular physical conditions, shape, or topography
of the specific property involved would cause an undue
334
(3)
hardship to the applicant if the strict letter of the
land development regulation is carried out;
(B) The granting of the variance will not cause injury to
adjacent property or any natural resource;
(C) The conditions upon which a request for variance are
based are unique to the property for which the waiver is
sought and are not generally applicable to other
property in the adjacent areas and do not result from
actions of the applicant; and
(D) The variance is consistent with the intent and purpose
of the Indian River County land development regulations,
the Indian River County Comprehensive Land Use Plan, and
this Chapter.
If the board approves a variance, it may attach any such
conditions to the variance as will assure that the
variance will not result in noncompliance with the
intent and purpose of this Chapter Violation of any such
condition shall be deemed a violation of this Chapter.
Application for Variance.
(A) An applicant seeking a variance from this Chapter shall
submit a written request together with such fee as the
county commission shall establish by resolution, to the
community development division. The request shall
address the conditions stated in section 913.11(2)(A) -
(D) and shall state the reasons and facts supporting the
variance. Upon receipt of the request, the commission
will be notified and shall schedule a public hearing to
consider the request.
(B) Courtesy notice. The public hearing shall be advertised
fifteen (15) days in advance. All property owners
listed on the latest tax roll within three hundred (300)
feet of the property on which a variance is requested
shall be notified in writing by the community
development division by U.S. Mail. Lack of a property
owner's receipt of such notice shall not be grounds to
postpone or set aside any variance granted.
Section 913.12 Penalty.
Violation of any of the provisions of this Chapter shall be
punishable by a fine not to exceed five hundred dollars
($500.00) or by imprisonment in county jail not to exceed
sixty (60) days or by both such fine and imprisonment.
Section 913.13 Other Critical Subdivision Components.
Requirements of the following sections shall be adequately
addressed and satisfied. The Technical Review Committee (TRC) may
335
require information deemed necessary to demonstrate compliance
with these regulations.
1. Concurrency Management, Chapter 910
2. Zoning, Chapter 911
3. Developments of Regional Impact, Chapter 916
4. Landscaping and Buffering, Chapter 926
5. Trees and Vegetative Protection, Chapter 927
6. Environmentally Sensitive Area Protection, Chapter 928
7. Upland Habitat, Chapter 929
8. Flood Plain/Stormwater Management, Chapter 930
9. Wellfield/Aquifer Protection, Chapter 931
10. Coastal Management, Chapter 932
11. Historical and Archeological Preservation, Chapter 933
12. Mining and Excavation, Chapter 934
13. Traffic, Chapter 952
\u\c\ldr\913
336
PRELIMINARY PLAT
ISUBMIT COMPLETE APPLICATION
IF SUBSTANTIAL
DESIGN -CHANGING -4
DISCREPANCIES
1
RESUBMIT PLANS
WITH RESPONSE TO
ALL DISCREPANCIES
IF UNAPPROVED
APPEAL TO
THE BCC
1
PLANS FORWARDED TO
OTHER REVIEWING DEPTS.
1
REVIEWING DEPTS.
SUBMIT WRITTEN
DISCREPANCIES TO
PLANNING DEPT.
TECBNICAL REVIEW COMMITTEE
MEETING
1
Note: Incomplete Apps.
will not be routed
LETTER SENT OUT IF NON -SUBSTANTIAL
DISCREPANCIES
AGENDA FOR
P:Z FINALIZED
BEFORE
PiZ MEETING
1
PiZ REVIEWS
APPLICATION FOR
APPROVAL
APPLICANT RESPONDS
TO ALL DISCREPANCIES AND
SUBMITS REVISED PLANS
BEFORE NEXT PiZ
1
REVIEWING DEPTS.
CHECK RESPONSE AND
REVISIONS; VERIFY
ALL COMMENTS
HAVE BEEN ADDRESSED
AND SIGN OFF ON PLANS
1
IF APPROVED
i
APPLICANT NAY
APPLY FOR LAND
DEVELOPMENT PERMIT
LAND DEVELOPMENT PERMIT
AFTER PRELIMINARY PLAT
APPROVAL
SUBMIT TO PLANNING
DEPT. COMPLETE LAND
DEVELOPMENT PERMIT
APPLICATION
r
PLANNING STAFF CHECKS
FOR COMPLETENESS AND
CONFORMANCE TO PRELIMINARY
PLAT, RETAINS ONE
PLAN COPY, FORWARDS
PACKAGE TO PUBLIC WORKS
1
IF UNAPPROVABLE
PUBLIC WORKS ROUTES PLANS
TO APPLICABLE DEPTS FOR
COMMENT AND RECOMMENDATION
COMMENTS ARE FORWARDED
TO THE PUBLIC WORKS DIRECTOR
1
Note: Incomplete Apps.
will not be routed
DEPARTMENTAL COMMENTS SENT
TO APPLICANT BY PUBLIC WORKS DEPT.
APPLICANT RESPONDS
TO ALL COMMENTS IN WRITING
AND RESUBMITS TO PUBLIC
WORKS DEPT.
PUBLIC WORKS DETERMINES
IF APPLICATION
IS APPROVABLE
1.11 APPEAL TO
BCC
RESUBMIT PLANS
336.2
IF APPROVABLE
LAND DEVELOPMENT
PERMIT ISSUED
1
IF RESPONSE
IS INADEQUATE
1
FINAL PLAT
LAND DEVELOPMENT
PERMITISSUED
SUBMIT COMPLETE H
APPLICATION
PLANS LOGGED IN AND
COPIES FOWARDED TO OTHER
REVIEWING DEPTS.
REVIEWING DEPTS SUBMIT
WRITTEN DISCREPANCIES
TO PLANNING DEPT.
1
TRC MEETING'
LETTER SENT OUT
APPLICANT RESPONDS TO
ALL DISCREP!NCIES AND
RESUBMITS APPLICATION
MATERIALS
STAFF REVIEWS RESPONSE
IF RESPONSE
IS ADEQUATE
REVIEW DEPTS.
SIGN -OFF ON RESUBMITTAL
AGENDA WRITTEN FOR
FINAL PLAT 14 DAYS
PRIOR TO BCC
1
BCC REVIEW AND
CONSIDERATION
Note: Incomplete Apps.
will not be routed
IF UNAPPROVED
1
RL'SUBMIT
APPEAL
TO COURT
336.3
IF APPROVED
1PAAT RECORDED l
Chapter 914
Site Plan Review and Approval Procedures
Section 914.01 Title
Section 914.02 Purpose and Intent
Section 914.03 Definitions
Section 914.04 Applicability
Section 914.05 Technical Review Committee: Duties and
Responsibilities
Section 914.06 General Thresholds and Procedures for Site Plan
Review and Approval
Section 914.07 Administrative Approvals and Modifications to
Approved Site Plans
Time Limits on Site Plan Approval
Transfer of Site Plan Approval
Timing of Release of approved Site Plans
Timing of Issuance of Building Permit
Inspection and Certificate
Appeals of Decisions Regarding Site Plans
Site Plan Submittal and Information Requirements
14.14(1) Purpose and Intent
14.14(2) Applicability
14.15(3) General Submittal Requirements
14.16(4) Conceptual Special Exception Requirements
14.14(5) General Information Requirements
14.14(6) Project Tabulations Requirements
Section 914.08
Section 914.09
Section 914.10
Section 914.11
Section 914.12
Section 914.13
Section 914.14
Section 9
Section 9
Section 9
Section 9
Section 9
Section 9
Section
Section
Section
Section
Section
Section
914.14(7)
914.14(8)
914.14(9)
914.14(10)
914.14(11)
914.14(12)
Section 914.14(13)
Section 914.14(14)
Section 914.14(15)
Section 914.14(16)
Section 914.15
Section 914.15(1)
Section 914.15(2)
Section 914.15(3)
Section 914.15(4)
Vicinity Map and Location Map
Site Conditions
Criteria for Survey
Graphic Requirements
Proposed Buildings and Structures
General Traffic Circulation and Internal
Vehicular Movement
General Open Space, Landscape, and
Vegetation Protection
Water, Sewer, Solid Waste and Other
Utility Facilities
Drainage Plan
Additional Requirements
Review Standards and Requirements
Bikeways
Sidewalks
Use and Maintenance of Site, and Zoning
Standards
Other Critical Site Plan Project
Requirements and Review Standards
Section 914.01 Title. This chapter, the terms and provisions
contained herein, shall be known as the "Site Plan Ordinance" of
Indian River County, Florida.
337
Section 914.02 Purpose and Intent. The purpose of this section is
to establish uniform requirements and procedures for reviewing
applications for site plan approval. It is further the intent of
this section to establish procedures and standards to implement
the goals and policies of the Indian River County Comprehensive
Plan, and to ensure compliance with the intent, standards, and
procedures of all applicable land development regulations.
Section 914.03 Definitions. All terms used in this chapter are
defined in chapter 901 of this code.
Section 914.04 Applicability.
(1) All site plan applications shall be reviewed pursuant to the
procedures set forth in this chapter. Site plans shall be
required for each of the following:
(a) All permitted uses except single family residences and
permitted agricultural uses.
(b) All developments proposing a "change of use".
(c) All uses requiring an administrative permit.
(d) All uses requiring special exception approval.
(e) Planned developments (P.D.), as specified in Chapter
915.
Section 914.05 Technical Review Committee: Duties and
Responsibilities.
(1) Refer to chapter 902 for the establishment, duties, and
responsibilities of the Technical Review Committee (hereafter
referred to as TRC).
Section 914.06 General Thresholds and Procedures for Site Plan
Review and Approval.
(1) Site Plan Thresholds:
(a) Major Site Plans
The following projects shall require major site plan
approval.
1. Residential projects having three (3) or more
dwelling units.
2. Non -Residential projects comprised of 5,000 sq. ft.
or more or new impervious surface area, or projects
comprised of new impervious surface area
representing more than 10% of the site/area of
development, whichever is less.
338
3. Non-residential projects adding or replacing 2,000
square feet or more of building gross floor area.
4. Where three (3) or more minor site plan requests or
six (6) or more administrative approval requests
for a single project area/site have been submitted
and approved over any five (5) year period of time;
where potential cumulative impacts exceed the
criteria of a major site plan application or
together may create a substantial impact, the
director of the community development department
may require any subsequent minor site plan or
administrative approval application to.be reviewed
pursuant to the criteria of a major site plan.
(b) Minor Site Plan
The following projects shall require minor site plan
approval.
1. Any residential project, determined not be an
exempted single-family development (see 914.04)
comprised of less than three (3) units.
2. Non -Residential projects comprised of less than
5,000 square feet of new impervious surface area,
unless requiring major site plan approval under
section 914.06(1)(a)3.
(c) Administrative Approvals
The following projects shall require administrative
approval.
1. A modification or alteration to any project covered
in section 914.04 of this chapter, consisting of
less than 1,500 square feet of new impervious
surface area which does not require major or minor
site plan approval.
2. Improvements or activities which are required to
obtain administrative approval pursuant to
requirements specified*in other chapters of this
code.
(2) Formal pre -application Conference Required: For site plans
over twenty (20) residential units or over forty thousand
(40,000) square feet of new impervious surface a formal pre -
application conference is required.
(a) Applicants are required to participate in a pre -
application conference with appropriate county staff
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prior to submission of a site plan application. All
pre -application conference materials are to be submitted
by the applicant to the planning division at least seven
(7) working days prior to any scheduled pre -application
conference.
(b) The purpose of the formal pre -application conference is
to provide the applicant with the opportunity to explain
the proposed development concepts to the staff, and for
the staff to examine the policies, ordinances,
standards, opportunities and constraints which may be
applicable to the site and type of proposed development
before the applicant has invested substantial design
time or become committed to particular design solutions.
The pre -application conference is for informational
purposes only and does not confer any approval or waive
any requirements that may be applied to any subsequent
formal applications.
(c) Scheduling. Arrangements for this formal conference are
to be made through the community development department
office by submitting the required application and
drawings at least seven (7) working days in advance of
the conference date. A filing fee, as established in a
resolution adopted by the board of county commissioners,
is required at the time of submittal.
1. The planning division shall review all submitted
formal pre -application conference materials to
ensure completeness before distribution to
reviewing departments and agencies. Incomplete
submittals shall not be routed. The planning
division shall contact the application regarding
any incomplete items or materials, so that the
applicant can then complete the submittal.
(d) Submittal requirements. The following shall be provided
by the applicant, in the appropriate written or graphic
form.
1. A complete application.
2. Seven (7) plan sheets (24" X 36") depicting:
a. proposed buildings and structures;
b. proposed parking areas, vehicular and
pedestrian circulation systems;
c. location map;
d. all driveways and roadways near the site;
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e. open space and all required buffer areas, and
native vegetation preservation areas;
f. right-of-way and traffic improvements,
existing conditions and proposed improvements;
drainage features, environmentally sensitive
areas and environmentally significant areas;
h. conceptual stormwater management systems.
g.
3. Written data including:
a.
parcel size and proposed uses(s);
b. proposed number of dwelling units and density
(if applicable);
c. for non-residential uses, the proposed area in
square feet for each use proposed;
d. provisions for water and wastewater;
e. zoning, land use designation, and existing
use(s) of the subject site and adjacent
properties;
f. demonstration that any and all applicable
specific land use criteria can be satisfied by
the proposed project.
g.
name, address and telephone number of the
applicant, surveyor and engineer and a list of
all the owners of the property (must be on the
application and the drawings);
(3) Formal Pre -application Conference Optional. For all site
plan applications not requiring a formal pre -application
conference prior to application submission pursuant to
section 914.06, a formal pre -application conference is
recommended by staff but is solely an option available to an
applicant. Applicants should confer with planning staff to
discuss any applicable site plan requirements.
(4) Submission of Formal Site Plan Application and Fees.
(a) Application submittals:.
site plans, minor site
approvals shall include:
1. all required fees as
County Commissioners;
341
All applications for major
plans and administrative
established by the Board of
2. all other necessary county permit applications and
information (such as right-of-way, land clearing,
tree removal, stormwater, traffic impact statement
or study);
3. a deed for the subject property;
4. authorization from the owner for the
applicant/agent if different from the owner; and
5. a concurrency certificate or evidence of
application of application for a certificate.
(b) Form: All application packages shall be submitted in a
form and in a complete manner as specified by the
planning division on the site plan application form.
(c) Application expiration: All applications shall expire
and become null and void if approval is not obtained
within twelve months from the date a complete
application is received by the planning division.
(d) Application extensions: Upon finding of good cause, the
community development director may grant one extension
for a period of one (1) year. No further site plan
application extensions may be granted. If denied, all
appeals of such decisions shall be heard by the Planning
and Zoning Commission. All appeals must be filed within
10 days of notification of denial. Appeal procedures
shall be as specified in Chapter 902.
Departmental Review of Site Plan Applications
(a) Coordinating Division: The planning division shall be
responsible for the coordination of all site plan
reviews. Applicants shall submit all applications and
materials to the planning division.
(b) Completeness Review:
1. The planning division shall review all applications
to ensure completeness before distribution to
reviewing departments and agencies. Only complete
applications will be distributed to the reviewing
departments and agencies. Failure to submit
required application material will result in the
application material not being distributed; the
application will be deemed incomplete. Planning
staff shall notify the applicant within five (5)
days of submittal if the application is incomplete.
2. Applicants shall have thirty (30) days from the
notice of an incomplete application to complete the
application; failure of the applicant to complete
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the application within the thirty (30) day period
shall void the application request.
3. Once the application is deemed to be complete, it
will be distributed by the planning division for
departmental review, and consideration at the
appropriate TRC meeting.
(c) Application Distribution for Review. For complete
applications, the planning division shall distribute all
appropriate application material(s) to the appropriate
TRC members, all appropriate county departments, and
other state, regional and local review agencies.
(d) TRC Review and Comments. Each TRC member shall review
the application and submit written comments to the
planning division within eleven (11) days after the
routing of the site plan application materials and prior
to the date the application is scheduled, by the
planning division to be considered at a TRC meeting.
The Technical Review Committee shall consider each
application, shall complete a technical evaluation of
the site plan application, and shall identify any
deficiencies or discrepancies. Complete comments on all
applications considered at the TRC meeting shall be
assembled and forwarded to the applicant within four (4)
working days. Applications with substantial
deficiencies may be rescheduled for review by the
Technical Review Committee at the discretion of the
Technical Review Committee.
(e) Resubmission and Scheduling Major Site Plans for
Planning and Zoning Commission consideration. The
applicant's response to the TRC comments shall consist
of seven (7) revised plan sets and an itemized letter
detailing how all of the discrepancies have been
adequately addressed. Once all deficiencies have been
adequately addressed, all technical and informational
requirements met, and the commenting members of the TRC
have recommended approval or approval with conditions on
the application, the
application shall be scheduled for consideration before
the Planning and Zoning Commission.
1. An applicant may request, at any time in the review
process, that the application be forwarded to the
Planning and Zoning Commission for consideration.
Said request shall be submitted to the planning
division in writing and shall acknowledge that, in
staff's opinion, the application is not ready for
consideration due to a lack of adequate responses
to staff and/or reviewing agency comments.
(f)
Approval of Minor Site Plans. The TRC is authorized to
approve, approve with conditions or deny minor site plan
343
applications not requiring administrative permit
approval. Once all commenting TRC members have reviewed
and approved the applicant's responses to comments, the
minor site plan shall be signed and approved. All
approved minor site plans shall be signed by the
Chairman of the Planning and Zoning Commission, who is
a member of the TRC. Appeals of decisions of the TRC
may be made by applicants pursuant to the provisions of
Chapter 902.
(6) Planning and Zoning Commission Decision. The Planning and
Zoning Commission shall consider each site plan application
scheduled for consideration by the TRC and shall base its
decision on the use, size and dimension regulations for the
respective zoning district, the site review standards
established herein and all other applicable land development
regulations, and comprehensive plan policies. The Planning
and Zoning Commission may impose conditions on site plan
approval which ensure compliance with all applicable land
development regulations and comprehensive plan policies.
(a) All site plan application decisions of the Planning and
Zoning Commission for uses not requiring special
exception approval are final unless appealed in
accordance with the provisions of Chapter 902.
Section 914.07 Administrative Approvals and Modifications to
Approved Site Plans.
(1) Administrative Approvals apply to all uses which require site
plan approval under section 914.04 of this chapter. The
intent of the Administrative Approval process is to provide
a mechanism for minor alterations to the condition of a site
or structure or the establishment of minor facilities and
structures.
(a) Threshold. Administrative approval is required for
additions, removals or alterations, or the establishment
of a new facility or structure to a project site, which
constitutes an increase of less than 1,500 square feet
of new impervious surface.
(b) Administrative approvals may be required for other types
of structures or site modifications, when specifically
required in other sections of the land development
regulations.
(2) Review Procedures: All Administrative Approval applications
and materials shall be submitted to the planning division.
The planning division shall ensure that the applications are
complete and that complete application materials are routed
to the appropriate reviewing departments and agencies.
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(a) All administrative approval applications and materials
shall be submitted in a form and quantity as specified
by the planning division on the application form.
(b) Administrative Approval applications and materials shall
demonstrate that all the existing land development
regulations are satisfied as applied to the proposed
area of development.
(c) The current development section chief will assign the
application to a staff planner for review within one day
of submission.
(d) The reviewing planner shall review the application for
completeness and contact the applicant if more
information is needed.
(e) The reviewing planner will obtain comments from all
applicable TRC members. The reviewing planner shall
forward comments, if any from the reviewing departments
and agencies to the applicant.
(f) Once the applicant has responded to reviewing department
and agency comments, if any, and all applicable
reviewing departments and agencies have approved the
application, the application shall be presented to the
community development director for approval, approval
with conditions or denial.
(g)
Decisions of the community director may be appealed in
accordance with the provisions of Chapter 902.
Amendments to Approved Site Plans.
(a) Scope of Authority of community development director.
The community development director is authorized to
approve, approve with conditions, or deny administrative
approval applications.
(b) Limits of Authority of community development director.
The community development director is not authorized to
approve any modification(s) to approved plans which
would:
1. increase the square footage of buildings,
structures or increase a site's impervious area
above Administrative Approval thresholds;
2. increase the number of dwelling units; or
3. grant any approval that would constitute a variance
from the requirements of this Ordinance.
(c) Classifying Amendment Requests: Minor and Major. Any
amendments to approved site plans where such amendments
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are not deemed by the community development director to
be minor modifications shall be reviewed and approved in
the same manner as the original plan.
(d) Appeals. Decisions of the community development
director shall be as provided for in Chapter 902.
Section 914.08 Time Limitations on Site Plan Approval.
(1) Commencement of Construction.
(a) All site plan approvals shall terminate and become null
and void automatically without notice if construction
has not commenced within twelve (12) months from the
date of approval.
(b) For the purposes of this paragraph, construction will
have commenced when the developer has built a portion of
a structure shown on the plan (e.g. the pouring of
footers), or has made substantial improvements to the
site, other than land clearing, or filling or grading,
in accordance with the approved site plan, evidencing a
good faith effort to diligently pursue construction to
completion in accordance with completion dates noted on
the approved plans.
(2) Extensions of Site Plan Approval.
Site plan approval may be extended one (1) time only for good
cause by the Board of County Commissioners for a period not
to exceed twelve (12) months. All requests for extensions
must be in writing on a form supplied by the County, and must
be received by the planning division prior to expiration of
the site plan.
(a) The Board of County Commissioners shall consider the
following.
1. The effect any delay in proposed project
construction and completion has on the concurrency
management system .
2. The impacts of having any new and existing
regulations applied to the project.
(b) The Board of County Commissioners may attach conditions
to a site plan extension approval that further the
intent and purpose or satisfy the requirements of any
comprehensive plan policies or land development
regulations.
(c) No extensions may be granted unless the Board determines
that an extension satisfies the applicable requirements
of the concurrency regulations of Chapter 910.
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(3) Abandonment of Construction
(a) In cases where construction has commenced according to
paragraph 914.08(1)(b) of this chapter and has been
subsequently abandoned, the site plan approval shall
terminate and become null and void if, after notice to
the applicant or successors in title (of record) and
hearing by the Board of County Commissioners, the Board
moves to terminate the approval. In lieu of approval
termination, the Board at its discretion may move to
validate the approval with conditions that will ensure
compliance with any and all then -existing land
development regulations and comprehensive plan policies.
(b) For the purposes of this paragraph, construction shall
be considered abandoned or suspended if at the hearing
it is shown that an active building permit has not been
maintained for the construction of a structure in
accordance with the completion dates noted on the
approved plan or it is shown to the satisfaction of the
Board of County Commissioners that construction at a
level indicating a good faith effort to proceed with
completion of the project has not occurred for a
continuous period of six (6) months immediately
preceding the receipt of notice unless the inactivity is
attributable to the deliberate and scheduled phasing of
a multi -phase project which has been approved as such by
the County.
(c) Upon determination by the community development director
to pursue termination, the county building division
shall issue a stop work order for the project. Said
order shall be effective until determination by the
Board of County Commissioners. This subsection shall
not operate to invalidate any site plan prior to the end
of the initial twelve-month period or any authorized
extension thereof.
(d) The Board of County Commissioners shall consider the
time elapsed since the last significant construction,
any evidence from the developer which indicates a good
faith effort to diligently pursue construction to
completion, and the impact of permitting the project as
approved as compared to the project if approved under a
new application in conformance with then -existing land
development regulations and comprehensive plan policies.
(e) If the project's approval is terminated, the Board of
County Commissioners may require the removal of
construction work (earth work or structures) which may
pose a threat to the public health, safety or welfare,
or may otherwise conflict with land development
regulations or comprehensive plan policies.
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(f) If the project's approval is not terminated, the project
may proceed under timeframes set by the Board for the
completion of the project.
Section 914.09 Transfer of Site Plan Approval.
(1) Approval runs with the land.
(a) A site plan approval shall run with the land and shall
transfer to a successor in interest from the original
applicant upon written disclosure of such transfer to
the planning division as to the identity of the
successor. The disclosure shall provide the full legal
name of the person or business entity acquiring the
interest in the property, the nature of the interest,
the address of the principal place of business of the
successor, telephone number, name and address of
registered agent; if the successor is a corporation. In
addition, the following information shall be provided:
name, address and title of officers or agents authorized
to transact business with the County, together with
proof of authorization if other than president or vice-
president or general partner, and the name and address
of any new design professional for the project.
(b) A transferee developer must also assume in writing on a
form acceptable to the county attorney all commitments,
responsibilities, and obligations of the prior
developer, including all conditions of site plan
approval and all the obligations, conditions and
requirements of all applicable development permits
(including permits from other jurisdictional agencies).
(2) Disclosure of Required Information.
Failure to make the required disclosure and assumption shall
suspend all site plan and zoning approvals until such time as
proper disclosure and assumption is made.
(3) Time Limits.
Transfer of site plan approval shall not toll or modify the
calculation of time limits set forth with respect to
commencement or abandonment of construction; following any
transfer, such time limits shall be calculated as if the
transfer had not occurred.
(4) Transferability Exceptions.
This provision does not relate to any transfer of space,
units, buildings, or property to a transferee who intends to
occupy the property only after issuance of a certificate of
occupancy, unless the transferee is the successor developer,
nor to the creation or transfer of a nonpossessory lien or
encumbrance.
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Section 914.10 Timing of Release of Approved Site Plans.
(1) Issuance of Necessary Permits.
(a) It may be necessary for some projects to seek permits
from governmental agencies other than the County. In
such cases, approved site plans for these projects shall
not be released until the applicant submits proof of
approval or certification of compliance from those
agencies to the planning division when applicable to the
project.
(b) The building division shall not issue a building permit
until the applicant has obtained site plan release. The
planning division shall release approved site plan sets
to the applicant when the applicant demonstrates that
all conditions of site plan release are met and when a
site plan release form has been completed and signed.
(c) It is the responsibility of the applicant to list on the
plan all permitting agencies which have jurisdiction
within the project and the type of permit required.
(d) Agencies from which permits may be required include, but
are not limited to, the following:
1. Florida Department of Environmental Regulation
2. Florida Department of Transportation
3. U. S. Army Corps of Engineers
4. St. John's River Water Management District
5. Florida Health and Rehabilitation Services
6. Indian River Farms Water Control District
7. St. John's Drainage Water Control District
8. Fellsmere Water Control District
9. Sebastian River Drainage District
10. Other municipalities
11. All applicable Indian River County agencies
12. Florida Department of Natural Resources
13. United States Coast Guard
14. Federal Aviation Authority
(e) Payment of Required County Fees.
(f)
Evidence that the applicant has paid all County fees
payable prior to site plan release, including utilities
impact fees and application fees, must be submitted to
the planning division prior to the release of site plan.
Dedication of Right -of -Way.
All approved site plans which require lands to be
dedicated for road right-of-way will be released by the
planning division only after the deed(s) for the right-
of-way has been properly executed and accepted by the
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(g)
Indian River County attorney's office for recording. In
cases where a dedication requirement is contested by
litigation, the deed may be escrowed pending the outcome
of the litigation, and the site plan may be released.
Granting of Easements and Other Required Legal
Documents.
All approved site plans which require an easement(s) to
be granted or other document(s) (such as unity of title
form) to be executed shall be released by the planning
division only after the required document(s) have been
executed and are in recordable form as determined by the
County attorney's office.
Section 914.11 Timing -of Issuance of Building Permits.
No site plan shall be released and no building permit shall be
issued by the county until the deadline has passed for appeals to
either the planning and zoning commission or the. board of county
commissioners regarding site plan decisions as applicable, as
provided for in section 914.13. If an appeal is so filed, no site
plan shall be released until after a final decision of such appeal
has been made in accordance with the provisions of Chapter 902.
No building permit shall be issued, or in cases of after -the -fact
approval no final inspection shall be performed, until all
decisions regarding the appeal have been finalized.
Section 914.12 Inspection and Certification.
(1) Site Inspections.
Upon approval of a site plan and prior to site plan release,
the applicant shall notify the Indian River County planning
division in writing of the intent to begin construction and
shall submit aproposed construction schedule. Said schedule
dates shall not exceed those noted on the approved plans
without approval of the community development director. The
division may conduct periodic inspections to ensure that the
project is completed in accordance with the approved site
plan.
(2) Minor Variations.
Minor variations in the approved site plan area may be
permitted upon approval by the community development director
of an administrative approval. Said approval shall be in
writing and shall be affixed to the site plan. Cease and
desist orders may be issued by the community development
director or his designee when violations are discovered.
All work not in conformity with the approved site plan shall
cease until approval is given by the appropriate approving
body or entity.
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(3) Final Certification.
(a) The applicant's site plan professional (architect or
engineer) of record shall notify the planning division
when the project is completed and shall so certify in
writing under seal that the project has been completed
and is substantially in conformance with the approved
site plan and all county and jurisdictional agencies'
permits and conditions attached thereto.
(b) In cases where an architect's or engineer's services are
not required, the applicant shall notify the community
development director when the project is complete and
shall so certify in writing that it conforms to the
approved site plan, that all conditions of site plan
approval have been satisfied, that it complies with all
necessary county and jurisdictional agency permits and
any conditions attached thereto, and that any variations
have been approved in writing by the community
development director.
(c) The appropriate reviewing departments shall make a final
inspection and verify that the project was completed in
accordance with the approved site plan. Notice of
verification shall be transmitted in writing to the
building division director who shall ensure that copies
of final certifications of approval are transmitted to
the Planning director, to be placed in the project file.
No certificate of occupancy (C.O.) or its equivalent
shall be issued unless and until the appropriate
reviewing departments have verified that the project has
been completed in accordance with the approved site plan.
For purposes of this section a certificate of occupancy
or its equivalent shall be required prior to the
operation or occupancy of a building or facility for its
ultimate intended residential, commercial or industrial
use.
(4) Funds for Required Improvements.
(a) All applicants having site plans which require funds to
be escrowed or other security posted for future required
improvements must deposit those funds or post security
in the form of a letter of credit drawn on a Florida
Financial Institution, or provide a performance bond or
other surety issued by a company authorized to do
business in the State of Florida with the County prior to
the issuance of a Certificate of Occupancy.
(b) The funds or financial security must be accompanied by an
agreement that specifies the purpose and use of the funds
and obligations of the applicant, acceptable as to form
and legal sufficiency to the county attorney's office.
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(5) Fees.
All inspections of a site other than the initial check and one
re -inspection shall require the payment of a fee to the
planning division by the applicant. Said fee shall be
established by resolution of the Board of County
Commissioners. -
351.1
351.2
Section 914.13 Appeals of Decisions Regarding Site Plans.
Any decision regarding the approval, approval with conditions or
denial of a site plan may be appealed by the applicant for site
plan approval, the County Administration, or any other person(s)
adversely affected by the decision. Any appeal by an affected
party must be accompanied by a fee as established by the Board of
County Commissioners. All appeals must be filed in accordance
with the provisions set forth in Section 902.
Section 914.14 Site Plan Submittal Requirements.
(1) Purpose and Intent.
The purpose of this section is to ensure that all major and
minor (including administrative approval) site plan
applications include sufficient information and analysis for
proper review and consideration in light of the comprehensive
plan and land development regulations.
(2) Applicability.
All information required herein shall be provided as part of
a complete site plan application. All major site plans shall
be prepared and sealed by a Florida registered architect or
engineer.
(3) General Submittal Requirements.
(a) Three surveys meeting the minimum technical standards
and containing the information required in section
914.14(9), are required for major site plans, and may be
required by the community development director for minor
site plans and administrative approvals.
(b) Seven (7) site plans containing all the information
required in this section (914.14).
(c) A completed and signed site plan application form
(furnished by the planning division).
(d) A completed and signed land clearing and tree removal
permit application pursuant to Chapter 927, or a
completed acknowledgement form (furnished by the
planning division) stating that no tree removal and/or
land clearing as defined in Chapter 927 is to take place
on site.
(e) When applicable, a completed stormwater management
• application and two copies of the stormwater report
pursuant to the requirements of chapter 930.
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A landscape plan meeting the requirements of Chapter
926.
A copy of the deed for the subject property.
Written authorization from the property owner(s) if the
applicant/agent is other than the property owner(s).
A concurrency certificate or evidence of application for
a certificate.
For minor site plans and administrative approvals, the
community development director or his/her designee may
waive or modify submittal, information, tabulation, or
any other application requirements if he/she deems that
such information is not necessary or appropriate for a
review of the proposed project.
(k) Traffic Impact Analysis or Statement.
All proposed developments which are determined to
generate one thousand (1,000) trips per day or more, or
generate between 100 and 999 trips and are located at a
critical transportation location, as determined by the
public works director, shall submit a traffic impact
analysis pursuant to the requirements of chapter 952.
All projects generating between 100 and 999 trips shall
submit traffic impact statements.
(1) A shared (non -concurrent) parking study shall be
required where there is a proposal by the applicant to
reduce normal parking requirements pursuant to section
954.08 of the land development regulations.
(4) Conceptual site plans for special exception approval
applications: submittal and informational requirements.
(a) The intent of the conceptual special exception site plan
process is to approve the use, scope, and scale of the
proposed special exception project. The design of the
overall project will be considered as it relates to the
general and specific review criteria contained in
Chapter 971. Conceptual site plans may only be applied
for in relation to a special exception approval request.
If a conceptual site plan/special exception request is
approved, a complete site plan application shall be
submitted, reviewed, approved, and released (as
specified in this Chapter, 914), prior to issuance of a
building permit for the development project.
1. A complete application form with the appropriate
review fee.
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2. Two (2) copies of the owners deed and two copies of
a letter of authorization from the owner if the
owner is different from the applicant.
3. Seven (7) plan sets to scale on 24" X 36" sheets at
a scale of not greater than 1" = 50'.
4. A written description of the proposed use.
5. Verification that a concurrency certificate has
been applied for.
6. The plan shall depict the following information.
a. Building locations
b. Parking areas and circulation patterns
c. Stormwater management tract locations
d. Setbacks from all property lines
e. The location of all driveways
f. An estimate of Average Daily Trips (for those
uses not required to perform a Traffic Impact
Analysis.)
g. Flood Zone
h. Location Map
i. Any required buffering
7. Project tabulations by phase and aggregate
a. Gross area
b. Number of Units/Density
c. Area and percent of site as open space
d. Area and percent of site as impervious space
e. Area and percent of site as building coverage
f. Parking requirements
g. Floor area per unit type
8. Existing site conditions:
a. waterbodies
b. wetlands
c. native vegetation coverage, by community
d. protected trees
e. topography and drainage features (including
canals and ditches), soil types
f. archeological or historic features or areas
where such features are probable to occur
within the project area
g. wells, free-flowing or valved
h. buildings, structures, or driveways and their
disposition (to be removed, to remain, to be
altered)
i. utilities services and facilities, including
water, sewer, electric, telephone, cable
j. easements
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9. Vehicular and pedestrian systems, including typical
travelway surface and right-of-way widths, proposed
connections to existing streets and the planned
street network in the vicinity of the project.
Existing or proposed streets and driveways within
300' of the project area.
10. A traffic impact analysis if required by the
chapter 952 regulations, in accordance with the
chapter 952 regulations.
11. Vicinity map, showing the land area within three
quarters (3/4) of a mile of the project area.
12. Proposed stormwater management design and a signed
and sealed letter from a professional engineer
certifying that the conceptual stormwater
management plan will be able to meet all applicable
stormwater management and flood protection
criteria of Chapter 930.
13. Additional submittal requirements may be required
by staff at a formal pre-application conference or
a TRC meeting, whichever occurs first, based upon
staff concerns and issues particular to the site,
surrounding area, or proposed use.
All site plan applications shall include statements on the
plans regarding each of the following:
(a) Name of the project.
(b) Statement of intended uses to occur on the site.
(c) A statement describing the proposed means of conveying
ownership in the property.
(d) Name, address, and telephone number of all equitable
owners.
(e) Name, address and telephone number of the applicant and
firm which he or she represents.
(f) Name, address, signature, and registration number of the
professionals preparing the plan.
(g) Legal description, including the Section, Township and
Range, and the Property Appraiser's Tax Parcel Number(s)
of the subject property.
(h) Date plan was drawn and date of any subsequent
revision(s).
(1)
Approximate timetable (month and year) for completion of
the project, and any proposed phases of a phased
355
development project. All phases of multi -phase projects
must be able to meet all of the site plan requirements
within the subject phase.
(j) Existing Zoning and Comprehensive Plan Land Use Map
designation(s) of the site and adjacent sites.
(k) Estimated number of vehicle trips attracted to the site
using the latest edition of the ITE Trip generation
rates, to ensure compliance with the requirements and
provisions of chapter 952.
(6) All site plan applications shall include the following
calculations:
(a) Gross acreage of the site, to the nearest one-tenth of
an acre, and the square footage of sites.
(b) Number of proposed dwelling units and gross density
(residential). Note the total proposed and total
permitted density.
(c) Number of proposed buildings and structures.
(d) Floor area of each type of proposed dwelling unit.
(e) Floor area of each structure; if the structure(s)
includes areas for different commercial or industrial
uses, the floor area for each use -area shall be provided
and clearly shown on the site plan.
(f) Total square feet and percent of site covered by
enclosed structures (ground floor building coverage).
Note the total provided and the maximum permitted
building coverage.
Total square feet and percent of site covered by
impervious surfaces.
Total square feet and percent of site provided as green
open space. Note the total provided and the minimum
permitted open space.
Total square feet and percent of site covered by lakes
and wet stormwater retention areas.
Number of parking spaces required for each use and the
total number of spaces provided, including handicapped
and compact. Note the total number of required parking
spaces and the total proposed.
(k) Number of loading spaces required and the total number
of spaces provided.
356
(1)
The above calculations should be shown in the following
format:
(1)
(2)
(3)
(4)
(5)
Gross area (square feet)
Building Coverage: (square feet % of G.L.A.)
Paved Area: (square feet % of G.L.A.)
Green landscaped area (square feet % of G.L.A.)
Lakes, canals wetlands (square feet % of G.L.A.)
Other (explain) (square feet % of G.L.A.)
number of Structures
Density (Residential)
# dwelling unit : Net land
feet = DU's per acre.
Example: Unit A (# square
Unit B (# square feet
Unit C (# square feet
Floor Area (non -Residential)
Building Coverage:
Retail:
Office:
Restaurant:
Industrial:
Warehouse:
Medical:
(other)
(6) Building Height _
Number of stories
(7) Parking: provide
following example.
acres or square
feet per unit)
per unit)
per unit)
sq. ft. 100% of
sq. ft. % of
sq. ft. % of
sq. ft. % of
sq. ft. % of
sq. ft. % of
sq. ft. % of
information as
---EXAMPLE---
Use Area in Sq. Ft.
retail 1,000
med. ofc. 3,000
Total Required:
Provided Spaces:
Standard:
Compact:
Handicap:
Total Provided:
357
building
building
building
building
building
building
building
shown in the
Parking Standard
1 sp. per two
1 sp. per one
hundred seventy
five sq. ft.
22.1 or 23
# Spaces
5 spaces
17.1
spaces
spaces
20 spaces
4 spaces
1 space
25 spaces
(7) Vicinity Map and Location Map.
(a) A location map showing the general location of the site
depicted on a roadway map shall be provided. The scale
shall be adequate to cover a region of the county.
(b) A vicinity map insert, separate from the location map,
shall be made part of the site plan showing the specific
location of the site using the names and location of
nearby streets and prominent natural or manmade
landmarks. The scale shall be sufficient to indicate
the zoning and current land use of the property
contiguous to the site, including properties separated
from the site by a public or private street.
(8) Site Conditions.
The following information shall appear on the site plan.
(a) Limits of one hundred year (100) flood plain and/or
coastal flood velocity areas (V -zones), as shown on the
most recent Federal Emergency Management Agency (FEMA)
maps.
(b) Location of the 1987 Coastal Construction Control Line
(CCCL) and the Dune Stabilization Setback Line (DSSL),
if applicable.
(c) Existing right-of-way width of all adjacent roadways,
road names, and setback lines.
(d) Location and explanation of any existing easements.
(e) Location and dimensions of any existing structures on
the site, and any parking or loading areas.
Location and width of existing on-site roadways and
rights-of-way.
(f)
(g)
Location and dimensions of existing driveways and access
points on the property and within three hundred (300)
feet of the site.
(h) Specific boundaries and acreage of wetlands and other
environmentally sensitive areas, if any.
Boundaries and acreage of native vegetative communities
preservation areas, including ownership, maintenance,
and enforcement responsibilities.
(j) Location of existing utility lines (water, sewer, power,
etc., as applicable) and existing private utility
systems (wells and septic tanks) shall be shown
(1)
358
extending a minimum of two hundred (200) feet from the
site's property.
(k) Statement noting distance from project site to existing
water and wastewater lines.
(1) Location and size of all natural and manmade
waterbodies.
The ultimate right-of-way width as depicted on the
County's thoroughfare plan shall be boldly depicted and
the amount of any right-of-way deficiencies.
(m)
Criteria for Required Surveys.
(a) Certified survey of the site, including property
boundaries and their dimensions.
(b) Existing topography with a maximum of one (1) foot
contour intervals, based upon coast geodetic datum.
(c) Limits of one hundred year (100) flood plain and/or
coastal flood velocity areas (V -zones), as shown on the
most recent Federal Emergency Management Agency (FEMA)
maps.
(d) Location of Coastal Construction Control Line and Dune
Stabilization Setback Line, if applicable.
(e) Existing right-of-way width of all adjacent roadways and
setback lines. The roadway shall be located within the
right-of-way.
(f) Location and explanation of any existing easements.
(g) Location and dimensions of any existing structures on
the site, and any parking or loading areas.
(h) Location and with of existing on-site roadways and
rights-of-way.
(i) Specific boundaries, and acreage of wetlands and other
environmentally sensitive areas, where such areas exist
on site.
(j) Location and size of all existing natural and manmade
waterbodies.
(k) The location, size and type of all protected trees on-
site, pursuant to the requirements and provisions of
chapter 927, unless the location of protected trees are
otherwise depicted within the application materials in
a manner acceptable to environmental planning staff
359
(such as the development depicted on an aerial
photograph) pursuant to the provisions of chapter 927.
(10) Graphic Requirements.
All required graphic information shall be displayed on twenty-
four (24) inch by thirty-six (36) inch sheets, at a scale of no
less than one (1) inch equals fifty (50) feet, and shall include
a north arrow, graphic scale and the date the plans were prepared.
(a) Plans shall be prepared using an engineering scale of
between 1":10' and 1":50'. A smaller scale may be used
for all or part of the project depiction when the
project cannot fit on a 24" X 36" plan sheet, upon
approval by the community development director.
(b) All plans shall include a north arrow, a scale, a legend
and the date the plans and all revisions were prepared.
(c) Matchlines shown on all pages if multiple sheets are
used.
(d) Provide a location key sketch for each plan page,
showing the portion of the overall project that each
plan page covers.
(e) All phase boundaries and phase designations shall be
shown for all multi -phase projects.
(11) Proposed Buildings and Structures.
The following information for all structures and buildings must be
noted or depicted on the plan.
(a) Intended use of all principal and accessory structures.
(b) Location, size, type, and orientation of all signs,
including traffic and directional signs.
(c) Three sets of preliminary exterior building elevations
and floor plans prepared by a registered architect with
registration number noted, as required by Florida
Statutes (Section 481.221.) or, for pre-engineered
buildings, elevations and floor plans signed and sealed
by a registered professional engineer.
(d) Distance between structures, and the distance between
structures and property boundaries.
(e) Location of exterior mechanical equipment and/or
utilities, and method of screening or buffering, if
applicable.
(f) Location, height and type of construction material of
fences.
360
(g) Location, height and materials utilized for screening.
(h) Intended means of outdoor lighting, including location,
method of shielding the light source form adjacent
properties and roadways, and intensity of outdoor
illumination and lighting.
Intended means of buffering or otherwise attenuating
potential noise nuisances generated by the proposed
use(s).
(1)
General Traffic Circulation and Internal Vehicular Movement. (See
Chapter 952 for further traffic requirements).
The following information is required to be noted or graphically
depicted on all site plans.
(a) Location and dimensions of all existing and proposed
driveways and median cuts, and the distance separating
them from intersections and other existing or proposed
access points within three hundred (300) feet of the
project site.
(b) Designation of all parking spaces, including the number
and dimensions of spaces and whether or not such spaces
are designated for handicapped or compact car parking.
(c) Number and designation of loading spaces.
(d) Surface materials of roadways and driveways.
(e) Fire lanes which shall be at least ten (10) feet in
width.
(f) Overall internal circulation plan, including directional
arrows and signs to direct traffic flow. The public
works director may request additional information on
site distance triangles if conditions warrant.
(g) Location of existing and proposed on-site traffic -
control signs and signalization devices.
(h) Posted speed limits of abutting roadways.
(i) Location and specifications of all existing and
committed, abutting and/or transitional deceleration
lanes, turning lanes, sidewalks, bikepaths, drainage
facilities (underground and surface).
(j) Location of all existing and proposed sidewalks and/or
bikeways abutting the site.
(k) Where shared parking is proposed, all information
required in Off Street Parking Ordinance, Chapter 954
shall be included in the application (3 copies,
361
minimum). All standards contained in Chapter 954 shall
be satisfied.
(1) Certain uses may require additional internal circulation
features such as customer drop-off or loading zones,
short term parking areas, areas restricted to employee
parking, or other features or facilities. These
features may be required by the Planning and Zoning
Commission after a recommendation from the Traffic
Engineer or community development director, to safely
provide for traffic circulation and to accommodate the
proposed use.
(m) A handicap access plan meeting the criteria of the
Florida Administrative Code.
(13) General Open Space, Landscape, and Vegetation Protection.
(a) Delineation of permanent green open space areas. -
(b) Delineation of areas specifically designated as common
open space for residential projects.
(c) Proposed landscaping areas or other screening or buffer
improvements and areas, including location, height and
type of perimeter or ornamental walls, fences,
landscaping, including berms and other required
screening devices.
(d) Irrigation method utilized and source of water.
(e) Location of mangroves, specimen trees, historical trees
or other protected trees as specified in the Indian
River County Tree Protection Ordinance.
(f) Transition grades to all abutting properties.
(g) All areas proposed for conservation and preservation,
pursuant to the requirements of Chapter 929.
(14) Water, Sewer, Solid Waste, and Other Utility Facilities.
(1) All existing water and sewer lines within the boundaries
of, or adjacent to, the site must be shown on the site
plan.
(b) All water and sewer lines within the connection distance
required by the Florida Administrative Code must be
noted on plans or a proposed connection to public water
and sewer must be shown.
(c) All existing on-site sewage disposal facilities and
wells on the subject property must be shown.
362
(d) All existing private sewage disposal facilities and
wells within a radius as required by Florida
Administrative Code must be shown.
(e) General locations of all proposed water and sewer lines,
utility/power poles, underground power lines, telephone
and television cable transmission lines, and other
transmission or generation facilities, and all proposed
utility easements.
(f) Location of all proposed water wells, private wastewater
treatment facilities, gas transmission lines, fire
hydrants or other similar facilities or services.
(g) Solid waste storage locations and the method of storage
and screening must be provided and identified. Where
dumpsters are utilized, the location and paving material
of the pad shall also be shown. All dumpsters shall be
totally enclosed on all sides.
(h) All proposed and existing utility rights-of-way and
easements.
(i) When the project proposes to utilize a public or private
water franchise and/or sewage system, all application
and submittal items and information required by the
county utilities department must be satisfied.
All utilities lines shall be underground, except for
agricultural projects, and when the subject utility
company issues a letter of objection.
(j)
(15) Drainage Plan
(1) Major Site Plans
All major site plans shall provide a drainage plan, which
includes all of the information and calculation requirements
of the Indian River County Stormwater Management and Flood
Water Protection Ordinance (Chapter 930), prior to receiving
site plan approval. The applicant may submit such a plan
with the site plan application or following the approval of
a preliminary drainage plan.
(a) In lieu of providing a complete drainage plan with the
application for site plan approval, the applicant may
submit a preliminary drainage plan to be evaluated by
the Technical Review Committee. All preliminary
drainage plans shall include the following information:
(1) A soil boring log meeting the requirements of the
Indian River Stormwater Management and Floodwater
Protection Ordinance.
363
(2) Percolation tests pursuant to procedures
established in the Indian River County Stormwater
Management and Floodwater Protection Ordinance.
(3) A written opinion from a professional engineer (or
architect if under one acre) licensed in the State
of Florida certifying the size, configuration and
location of all existing and proposed stormwater
management improvements are capable of retaining or
detaining the first one inch of rainfall on site.
(4) Transitional property line grades.
(5) Finished ground floor elevations.
(6) The location and tracing of all legal positive
outfalls to be used by the site.
(7) The depth and location of the wet season
groundwater table.
(8) Size, configuration, and location of proposed
stormwater management tracts.
(b) A complete drainage plan, which includes all of the
information and calculations required in chapter 930,
shall be submitted and a stormwater management permit
issued pursuant to the requirements and provisions of
chapter 930 prior to the release of any major site plan
(c) Type "B" stormwater permit applications shall not be
eligible for preliminary drainage review.
(2) Minor Site Plans.
Minor site plans shall include the following information
regarding drainage conditions and improvements:
(a) One -foot interval contours based upon coastal geodetic
datum.
(b) Proposed finished elevations of each building site and
the first floor level. A proposed grading plan shall be
submitted.
(c) Proposed system for the orderly disposal of surface
water runoff with the system capabilities of having a
minimum ability to accommodate the runoff from the
first inch of rain; all swales and retention areas will
be located with grades and elevations provided.
(d) The size and grade of all existing and proposed drainage
facilities including culverts and pipes.
364
(3)
(e) Centerline elevation of any street contiguous to the
site measured at the property lines extended.
(f) Location and method of linkage with off-site drainage
facilities/ditches to accommodate the site's surface
water runoff outfall, including documents indicating
legal access across private property, if applicable.
(g) Soil boring log showing representative soil types to a
depth of ten (10) feet. This requirement may be waived
by the public works director.
(h) Description of the existing pre -development drainage
characteristics of the land, including those areas
contributing stormwater which passes through the site.
(1)
Proposed method(s) of erosion protection.
Administrative approvals.
The county engineer may require any information and analysis
necessary to ensure compliance of any administrative approval
project with the applicable requirements of chapter 930.
(16) Additional Requirements.
The community development director, Technical Review
Committee, Planning and Zoning Board, or Board of County
Commissioners may require that additional information be
provided in order to facilitate the review of site plans.
Additional requirements may include, but are not limited to
the following:
(a) Legal Assurances.
The applicant will be required, when applicable, to
furnish legal assurances confirming the availability of
required supportive facilities and systems for water
supply, central wastewater disposal, drainage,
recreation and other related services before site plan
approval.
(b) Additional Surveys.
Soil, geologic, hydrological, vegetation or other
surveys and test results will be required, when
applicable, to demonstrate effectiveness of a component
of the site plan.
(c) Additional Information.
Any additional information, as may be required, which is
commensurate with the purpose and intent of the land
development regulations.
365
Section 914.15 Review Standards and Requirements.
(1) Purpose and Intent. The purpose of this section is to
establish standards for reviewing site plans in order to
ensure compliance with applicable county regulations.
(2) Applicability. Site plans shall be reviewed pursuant to all
applicable zoning district regulations and regulations for
specific land uses, as applicable.
(a) Major site plans. The standards established herein
shall apply to all major site plan applications required
pursuant to the procedures of this Code.
(3)
(b) Minor site plans. Minor site plans shall be exempt from
installation of marginal access roads, sidewalks and
bikepaths, and shall be exempted from the paved road
requirements of Chapter 952.
(c) Administrative Approval. Administrative Approvals shall
be exempt from the installation of marginal access
roads, sidewalks and bikeways, and shall be exempted
from the paved road requirements of Chapter 952.
Comprehensive Plan Consistency. The development of any areas
subject to the provisions of this ordinance shall be
consistent with the policies regarding land development as
established in the various elements of the Indian River
County Comprehensive Plan.
(4) Phasing. Site plan projects may be phased. Phasing, if
proposed, shall be shown on all plan sheets and may be
modified through the administrative approval process.
(a) Phasing shall be arranged and designed in such a manner
that at any point in a project's development, the
initial phase or any successive groups of phases shall
be able to "stand alone", meeting all applicable
standards set forth and referenced in this chapter and
other applicable land development regulations.
(b) The initial phase and any successive groups of phases
shall be able to "stand alone" and function adequately
in regards to required improvements, infrastructure,
facilities, and in relation to all project conditions so
as to be independent from any future phase or phases and
improvements or areas contained therein.
(5) Bikeways
(a) Locations. The project developer shall install or
escrow for a bikeway(s) along the project site's
frontage on all rights-of-way or easements as designated
in the county bikeway/sidewalk plan and along all
streets designated by the community development
366
department as school access corridors. With the
approval of the board of county commissioners,
sufficient funds may be escrowed by the developer with
the county to complete the required bikeway.
(b) Specifications. Bikeways shall be constructed in
accordance with specifications found in the County's
comprehensive bikeway and sidewalk plan. In reviewing
proposed bikeway specifications, the public works
department shall consider the applicability of the
following guidelines. Bikeways shall:
(1) Be the width specified in the County Comprehensive
bikeway and sidewalk plan;
(2) Be constructed in accordance with the "Bicycle
Facilities Planning and Design Manual" (1982
revision) prepared by the Florida Department of
Transportation and the Bikeway and Sidewalk Plan.
(c) Alternate specifications. Where any of the above
guidelines are impractical or impossible to implement,
the applicant, with approval of the public works
director, may substitute suitable alternate
specifications described in the referenced design
manual.
(d) Identification. Bikeways shall be posted or identified
by permanent markings as follows:
Area Characteristics
Commercial
Residential
Rural
Sign -Placement, Pavement
Marking
Criteria
At each intersecting
street and thereafter
every 500 feet
At each intersection and
thereafter every 1,000
feet
At each street
intersection and
thereafter every 2,000
feet
(e) Construction prior to final inspection. Bikeways shall
be installed prior to final inspection of the project's
improvements, or escrowed for as provided for in this
chapter.
367
(6) Sidewalks.
(a) Placement and construction. Placement and construction
of sidewalks and sidewalk improvements shall conform to
the county comprehensive bikeway and sidewalk plan, and
to the improvement requirements in the applicable zoning
district regulations.
(b) Locations. Sidewalks shall be provided or escrowed for
within new site plan projects and along road rights-of-
way adjacent to project, as follows:
1. All site plan projects shall include the provision
of sidewalks along the entire frontage of adjacent
roads designated by the thoroughfare plan as
arterials or collector roadways (including
subdivision collector or subdivision feeder roads),
unless otherwise indicated by the county
comprehensive bikeway and sidewalk plan. Projects
may be exempted from this requirement upon a
determination, by the public works and community
development directors, that the need for providing
a sidewalk(s) along the adjacent road right(s)-of-
way frontage of a site is precluded by physical or
design constraints.
2. All site plan projects shall include the provision
of sidewalks along the entire frontage of all
adjacent roads designated by the county
comprehensive bikeway and sidewalk plan as being
school access routes; and
3. Sidewalks shall be located along the entire
frontage of all adjacent local streets, and on both
sides of all interior local streets except where
one or more of the following criteria are
satisfied:
a. Within residential projects a street segment
serving no more than twenty (20) lots
terminates in a cul-de-sac where a future
extension of the street beyond the cul-de-sac
is not needed as determined by the county
traffic engineer. In such cases no sidewalks
shall be required.
b. The density within the project, if a
residential project, is not greater than three
(3) units per acre. In such cases no
sidewalks shall be required.
c. The community development director and the
public works director approve an exemption
368
based upon one or more of the following
criteria:
I. It is anticipated that the use(s) (non-
residential only) will not attract or
generate significant pedestrian traffic;
II. A nearby existing or planned sidewalk
will adequately serve anticipated
pedestrian traffic attracted or generated
by the subdivision;
III. The anticipated use(s) (non-residential
only) or vehicular traffic
characteristics of the subdivision are
incompatible with pedestrian traffic;
IV. The existing street conditions are such
that it is anticipated that sidewalks
could not be effectively integrated into
an existing or planned sidewalk system;
V. The developer provides for an alternate
route and/or improvement that adequately
accommodates pedestrian traffic and
movement and coordinates with existing
and planned sidewalks.
Decisions by the community development
director and the public works director to
approve, approve with conditions, or deny an
exemption request may be appealed to the
planning and zoning commission. Planning and
zoning commission decisions regarding
exemption request may be appealed to the board
of county commissioners pursuant to the
provisions of Chapter 902.
Note: These exemptions, a, b, and c, apply to
local streets only, and do not apply to any
collector or subdivision feeder roads as
designated by the thoroughfare plan or by the
public works and community development
director.
(c) Specifications.
1. All sidewalks shall:
a. Be at least five (5) feet wide along arterial
and collector roadways, four (4) feet wide
along local roadways;
369
b.. Be located outside of the roadside recovery
area unless protective devices such as non -
mountable curbs are provided;
c. Have a curb cut and a ramp for wheelchairs at
all intersections.
d. Be constructed in accordance with the
referenced specifications and standards of
this chapter.
2. Sidewalks are not required along cul-de-sac
circles. Where sidewalks are required along a
roadway that terminates in a cul-de-sac and where
no sidewalks are proposed within the cul-de-sac
circle, the sidewalks shall terminate at or into
the cul-de-sac circle by a design approved by the
public works department.
(d) Construction prior to final inspection. Sidewalks shall
be installed prior to the issuance of a certificate of
occupancy or escrowed for as provided for in this
chapter.
(7) Use and Maintenance of Site and Zoning Standards.
(a) The site must be used and maintained in conformance with
the approved site plan. Any deviation from the approved
site plan(s) shall be considered a code violation, and
shall require corrective action by the property owner.
(b) All zoning district criteria must be met, including but
not limited to:
(1) Setbacks
(2) Minimum Open Space
(3) Bufferyard Requirements
(4) Maximum Floor Area
(5) Building Separation
(6) Lot Coverage
(7) Building Separation
(8) Required Improvements
(9) Density
(10) Use(s)
370
(8) Other Critical Site Plan Project Requirements and Review
Standards.
Requirements of the following sections shall be adequately
addressed and satisfied via the site plan application and
materials. Site plan applications shall comply with all land
development regulations. The TRC may require information and
analysis deemed necessary to demonstrate compliance with these
regulations.
(1) Concurrency Management, Chapter 910
(2) Zoning, Chapter 911
(3) Developments of Regional Impact (DRI), Chapter 916
(4) Accessory Uses and Structures, Chapter 917
(5) Potable Water and Sanitary Sewer, Chapter 918
(6) Landscaping and Buffering, Chapter 926
(7) Trees Protection & Land Clearing, Chapter 927
(8) Environmentally Sensitive Area Protection, Chapter 928
(9) Upland Habitat, Chapter 929
(10) Flood Plain/Stormwater Management, Chapter 930
(11) Well field/Aquifer Protection, Chapter 931
(12) Coastal Management, Chapter 932
(13) Historical and Archaeologic Preservation, Chapter 933
(14) Mining and Excavation, Chapter 934
(15) Traffic, Chapter 952
(15) Parking, Chapter 954
(16) Specific Land Use Criteria, Chapter 971
\u\c\ldr\914
371
SITE PLAN REVIEW/APPROVAL FLOW CHART
Major 6 Minor Site Plans
incomplete s
'Staff contacts applicant:'
incomplete items noted
Staff routes
resubmission
to TRC members
1 Pre -application
Conference
(most major
site plans)
1
Applicant submits
complete application
a required materials
(major & minor plans)
4
Staff reviews for
completeness
(major 6 minor plans)
Note: Incomplete Apps
will not be routed JJ
complete
routed to
TRC
members
Applicant re -submits r re -TRC with needed
written responses
to TRC comments
TRC reviews application l
and meets to coordinate
comments
TRC determines if a
re -TRC review if
needed: comments
sent to applicant
_♦ no re -TRC
needed
4
Applicant re -submits
application with
Additional revisions written response to
needed:applicant TRC comments
contacted
TRC members review
application_
denied
Option to appeal'
decision to BCC
f
All items adequately
addressed
Major site plana
scheduled for
P61 meeting
V
Staff prepares report;
sends to P61 and
applicant
'Minor site plans
approved by TRC
P62 considers application)
and takes action ► application approved
or approved with
condition(s)
l
applicant obtains necessary
development permits and
meets any appropriate conditions
11
Staff releases
site plan to
applicant
l
Applicant applies for,
obtains building permit
1
Applicant constructs project;
County inspects
1
!Certificate of Occupancy I
(C.O.) issued
371.1
4
Option to appeal
decision to BCC
SITE PLAN APPEALS
FLOW CHART
STEP 1 For minor site plan STEP 1 for administrative approvals
Action by Technical
Review Committee
appealed to
Action by Community
Development Director
STEP 1 for major site plans
Planning & Zoning
Commis s ion
appealed to
Action by
Planning & Zoning
Commission
appealed to
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CHAPTER 915 - PLANNED DEVELOPMENT (P.D.)
PROCESS AND STANDARDS FOR DEVELOPMENT
915.01
915.02
915.03
915.04
915.05
915.06
915.07
915.08
915.09
915.10
915.11
915.12
915.13
915.14
915.15
915.16
915.17
915.18
915.19
915.20
915.21
Section 915.22
Section 915.23
Section 915.24
Section 915.25
Section 915.26
Section 915.27
Section 915.28
Title
Definitions
Purpose and Intent
Applicability
Coordination with Other Regulations
Uses Allowed
Planned Development Project Area
Density Allowed
Unified Control
Phasing
Industrial Use Standards
Commercial Use Standards
Residential Use Standards
Agricultural Use Standards
Planned Development Allowable Waivers and
Development Parameters
Compatibility Standards
Project Integration into Public Systems
Open Space Standards
Recreation Standards
Review and Approval Process and Requirements
Formal Pre -application Conference Requirements and
Standards
Planned Development Conceptual Plan Requirements
and Standards
Planned Development Preliminary Plan Requirements
and Standards
Land Development Permit Requirements and Standards
Final Planned Development Plan Requirements and
Standards
Modifications to Planned Development Plans
Planned Development Time Limitations, Expirations
and Terminations
Transfer of Planned Development Approvals and
Assumption of Obligations
Section 915.01 Title. This chapter, the terms and provisions
contained herein, shall be known as the "Planned Development
(P.D.) Process and Standards for Development Ordinance" of Indian
River County, Florida.
Section 915.02 Definitions. All terms used in this chapter are
defined in chapter 901.
Section 915.03 Purpose and Intent. The purpose and intent of this
chapter is to establish alternate schemes of land use controls,
via a planned development (P.D.) zoning overlay district and
development process or a P.D. special exception approval process,
which promote the health, safety, comfort, order, appearance,
convenience, and general welfare of Indian River County in a
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manner consistentwith the Comprehensive Plan. This chapter is
intended to:
(1) protect the environment by affording opportunities and
incentives for preservation of environmentally sensitive and
important areas;
(2) allow a diversity of uses, structures, facilities, housing
types, and open space, buffers, and conservation areas in a
manner compatible with existing, permitted, and planned uses
on adjacent properties;
(3) allow for the residential development of agriculturally
designated areas, with a more compact design which clusters
units and preserves open space;
(4) encourage and allow for greater innovative design(s) that
promote more efficient and environmentally sensitive use of
the land than generally achievable through conventional
zoning and development regulations;
(5) ensure that development will be compatible with existing,
permitted, and planned uses on adjacent properties by having
projects according to limitations and mixtures of use,
design, density, open space, conservation areas, and other
elements stipulated in an approved development plan;
(6) encourage and allow a more efficient use of public services
and facilities through designs not generally achievable
through conventional zoning and development regulations;
(7) encourage the preservation and conservation of
environmentally sensitive lands by allowing the transfer of
density from environmentally sensitive lands to uplands
areas; and
(8) encourage the provision of affordable housing by allowing a
density bonus for projects containing affordable housing.
Section 915.04 Applicability
(1) The P.D. process is an optional process that may be used, and
shall be applied, under two different schemes:
(A) as part of an application to rezone a property to a
Planned Development zoning district, the P.D. process
shall apply and all subsequent development of the
property shall comply with all applicable P.D.
procedures and standards; or
(B) as a special exception approval and development process
applied to property zoned other than Planned
Development.
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(2) The Planned Development zoning district may be applied for
and used for properties having any number of comprehensive
plan land use designations, subject to the Planned
Development district regulations found in chapter 911. The
special exception approval development process may be applied
for and used for properties having any comprehensive plan
land use designation and lying within any zoning district(s)
except for the RMH-6 and RMH-8 districts. No mobile homes
shall be allowed in the project area, except as may be
allowed as a temporary use (pursuant to chapter 972).
(3) Projects developed under the county's Planned Residential
Development (P.R.D.) regulations may continue under those
regulations. Said projects may develop and continue to
develop under the P.R.D. regulations in effect prior to
September 11, 1990 and found in the section formerly known as
"25.4 of Appendix A - Zoning". The regulations of the former
section 25.4 are hereby adopted by reference and may only be
used and applied to project applications filed with the
planning division under the P.R.D. regulations prior to
September 11, 1990.
(a) Projects previously approved under the P.R.D.
regulations may be "converted" to a Planned Development
(P.D.) project upon receipt of a written request by a
P.R.D. project owner to the community development
director. The letter shall state the reason(s) for the
desired conversion. Within twenty (20) working days of
receipt of the letter of request, the community
development director shall send a response letter to the
developer, detailing all information and plan revisions
needed to bring the project plans and file information
into conformance with P.D. application standards. Upon
receipt of adequate responses to his response letter,
the community development director shall present the
request to the board of county commissioners. The board
of county commissioners may approve, approve with
conditions or deny the conversion request. Upon
conversion to a P.D. project, all subsequent plan
revisions and modifications shall comply with all
applicable standards and requirements of this chapter.
1. Notwithstanding these provisions for conversions of
a P.R.D. project to a P.D. project, any P.R.D.
project owner may apply for P.D. project approval
as a new application under sections 915.20 - 25 of
this chapter.
Section 915.05 Coordination with Other Regulations. All projects
shall comply with the adopted Comprehensive Plan and the
regulations specified in this chapter.
(1) All other land development regulations shall apply; however,
in the event of conflict between this section and other
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zoning and .subdivision regulations in the county, the
provisions of this section shall prevail to the extent of
such conflict.
(2) In the event of conflict between this section and the
building and safety codes of the county, the provisions of
the building and safety codes shall prevail to the extent of
such conflict.
(3)
Pursuant to section 915.15, waivers to various land
development regulations may be approved by the board of
county commissioners. In addition, the board may impose on
planned development project approvals such other conditions
or restrictions which the board feels necessary,
notwithstanding that such restrictions or conditions may not
be expressly provided for in the county's land development
regulations.
Section 915.06 Uses Allowed.
(1) Projects within P.D. zoning districts shall comply with the
uses allowed in the underlying comprehensive plan land use
designation(s) and as allowed in sections 915.11 - 915.15 of
this chapter.
(2) Planned Development projects within any zoning district(s)
other than a Planned Development zoning district shall comply
with the uses allowed in the underlying comprehensive land
use plan designation(s) and the underlying zoning district(s)
regulations with the following modifications.
(A) In the agricultural and single-family residential
districts, dwellings may be attached as provided for in
section 915.13.
1. Special restrictions apply to residential
development within agriculturally designated areas.
These restrictions are found in subsection 915.13.
(8) In the agricultural and residential districts, certain
restricted commercial uses may be allowed as provided
for in section 915.12.
(C) In the residential districts, certain restricted
agricultural uses may be allowed as provided for in
section 915.14.
Section 915.07 Planned Development Project Area. The Planned
Development area is the area covered by an approved planned
development conceptual plan.
(1) The project area may be reduced, reconfigured, or expanded by
approval of a new or modified planned development conceptual
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plan. Said new or modified planned development conceptual
plan shall be approved pursuant to the provisions of this
chapter.
(2) A planned development project area may be reduced or
otherwise modified by division of the original project area
into other separate project areas by approval of a new or
modified planned development conceptual plan. Said new or
modified planned development conceptual plan shall be
approved pursuant to the provisions of this chapter.
Section 915.08 Density Allowed.
(1) The gross residential density of a P.D. project shall not
exceed the maximum density permitted in the underlying zoning
district or, in cases where the P.D. zoning overlay district
is used, the maximum density allowed in the applicable
underlying comprehensive plan land use designation(s). In
addition to these densities, additional units may be allowed
as provided for in this chapter for transfer of density from
environmentally sensitive lands and affordable housing bonus
density provisions. However, no density transfer or density
bonus can be applied to any residential development of a site
or portion of a site designated as agricultural on the
comprehensive land use map.
(2) Transfer of density from environmentally sensitive lands to
uplands portions of P.D. project areas is allowed via an
approved P.D. conceptual plan, in compliance with the
comprehensive plan and the provisions of chapter 928.
(A) The maximum density permitted on the upland project area
receiving the density transfer shall not increase by
more than:
1. twenty (20) per cent of the maximum density allowed
by the receiving site's underlying comprehensive
plan land use designation(s) where the receiving
site is not adjacent to the area from which density
is transferred;
2. fifty (50) per cent of the maximum density allowed
by the receiving site's underlying comprehensive
plan land use designation where the receiving site
is adjacent to the area from which density is
transferred.
(B) In project areas where density transfers are used, no
construction of dwelling units may commence until deed
restrictions and/or easements have been approved and
recorded which ensure protection and preservation of the
area from which the density has been transferred. Said
restrictions and/or easements shall effectively restrict
development within the environmentally sensitive area(s)
pursuant to provisions of chapter 928, and shall be in
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a form approved by the County Attorney's Office for
legal form and sufficiency. The substance of such
easements and restrictions shall substantially conform
to the conservation easement language set forth in the
Florida Statutes.
(3) A density bonus for providing affordable housing may be
granted upon approval of a planned development that meets the
criteria specified herein. The amount of the density bonus
allowed shall be as specified in chapter 911 Zoning, for the
Planned Development District.
(4) Maximum dwelling unit computation. The maximum number of
dwelling units allowable within a planned development project
shall be computed as follows:
(A) Gross area of the planned development
project in acres
(B) Minus areas designated on the planned
development conceptual plan for non-
residential uses(s).
(C) Minus the total area of environmentally
sensitive lands within the project area
from which density is to be transferred
(D) Equals the effective base residential
area
(E) Sum the total maximum number of dwelling
units allowed within the effective base
residential area as follows:
acres
- acres
acres
acres
(1) Define the area of all zoning districts within the
effective base residential
area.
(2) Multiply the area of each zoning district by the
maximum density allowed within that district.
(3) Add together each maximum dwelling
unit result for each zoning district
dwelling
units
*(F) Plus the maximum number of dwelling units
transferrable from environmentally
sensitive areas
dwelling
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units
*(G) Plus the maximum number of dwelling units
credited for affordable housing provisions
dwelling
(H) Equals the maximum number of residential
dwelling units allowed
dwelling
*Note:
(5)
units
units
no density transfer and no density bonus can be applied
to any residential development of a site or portion of
a site designated as agriculture on the comprehensive
land use map.
Where a planned development project area has more than one
underlying zoning district, or in cases where the planned
development zoning overlay district is used and there is more
than one underlying comprehensive plan land use designation,
density may be distributed throughout a project area as
approved in the planned development conceptual plan. Density
shall be distributed and integrated into the overall project
design in a manner compatible with existing, permitted and
planned adjacent properties. However, in no case shall
environmentally sensitive areas be developed at any density
greater than allowed under the appropriate comprehensive plan
land use designation.
Section 915.09 Unified Control
The planned development project area shall at all times be under
the ownership or control of an individual, a legal entity, or a
legally established association or organization (which may include
related sub -associations and entities) responsible for the
ownership and maintenance of all required improvements and common
facilities, infrastructure, amenities, elements, and areas.
(1) No final planned development plan shall be approved unless
the applicant has documented, to the satisfaction of the
county attorney's office, that unified control as described
in this section is ensured.
(2) All legal entities established to have unified control of the
project shall be legally established in a manner that ensures
that the entity has adequate powers and ability to maintain
all required improvements and common facilities,
infrastructure, amenities, elements and areas. All documents
legally establishing said association shall be reviewed and
approved by the county attorney's office prior to any
approval of a final planned development plan.
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Section 915.10 Phasing
Planned development projects may be phased. Phasing shall be
shown on all P.D. conceptual plans and may be modified as allowed
in Section 915.26, "Modifications to Planned Development Plans".
(1) Phasing shall be arranged and designed in such a manner that
at any point in a project's development the initial phase or
any successive groups of phases shall be able to "stand
alone", meeting all applicable standards set forth and
referenced in this chapter, including density.
(2) The initial phase and any successive phases shall be able to
"stand alone" and function adequately in regards to required
improvements, infrastructure, facilities, and all project
conditions so as to be independent from any future phase or
phases and improvements or areas contained therein.
Section 915.11 Industrial Use Standards
(1) Location. Industrial uses may be established within a P.D.
project area, in a manner consistent with the applicable
compatibility standards of section 915.11(3) and 915.16,
where the underlying comprehensive plan land use designation
allows such uses.
(2) Uses allowed.
(A) All uses allowed in the IL, Light Industrial and IG,
General Industrial districts may be allowed where
industrial uses are allowed to be located in accordance
with section 915.11(1).
1. All uses having specific land use criteria for the
IL and IG districts as found in chapter 971,
Specific Land Use Criteria, shall comply with the
applicable criteria and standards of chapter 971.
(3) Compatibility.
(A) Compatibility between uses within the P.D. project area
shall be addressed by individual project design through
the use of location, buffering, transition, integration
of uses, or other means, as approved by the county.
(B) Compatibility with properties adjacent to the P.D.
project area shall be ensured by compliance with the
applicable standards of section 915.16.
(4) Site development standards. The applicable site development
standards of chapter 913, Subdivisions and Plats, and chapter
914, Site Plan, shall apply.
379
Section 915.12 Commercial Use Standards
(1) Location. Commercial uses
project area in a manner
compatibility standards of
and 915.16, where:
may be established within a P.D.
consistent with the applicable
section 915.12(2)(b), 915.12(3),
(A) the underlying comprehensive plan land use designation
or existing or proposed zoning district (other than
P.D.) allows such uses, or where;
(B) accessory commercial uses are allowed as provided for in
this section 915.12(2)(b), of this ordinance.
(2) Uses allowed. The following uses may be allowed as specified
herein.
(A) All uses allowed within the CN, Neighborhood Commercial,
CL, Limited Commercial, and CG, General Commercial
districts may be allowed where commercial uses can be
located in accordance with section 915.12(1)(a). All
uses having specific land use criteria for the CN, CL,
or CG districts as found in chapter 971 shall comply
with the applicable chapter 971 criteria standards.
(B) Accessory commercial uses may be allowed within any P.D.
project area where accessory to residential development.
The following restrictions and provisions shall apply to
P.D. accessory commercial uses.
1. Only uses allowed in the CN, Neighborhood
Commercial district are allowed within a
residential development area of a P.D. project.
2. All P.D. accessory commercial areas shall contain
a minimum of thirty (30) percent open space.
3. The total land area of any P.D. accessory
commercial area shall not exceed three (3) per cent
of the total P.D. project residential development
area.
4. P.D. accessory commercial buildings, displays, and
signs shall be either located a minimum of two
hundred (200) feet from any perimeter property
boundary, or located and designed such that they
shall not be visible from any public road right-
of-way or residentially designated area adjacent to
the P.D. project area. No P.D. accessory
commercial area may be located within 100' of an
adjacent property (outside of the project) having
a residential land use designation.
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5. No.P.D. accessory commercial use shall be allowed
within a project which is to contain less than one
hundred (100) residential dwelling units.
6. Buildings containing P.D. accessory commercial uses
are restricted in size by the number of dwelling
units proposed within the residential portion of a
P.D. project. Buildings may be approved up to a
maximum size of twenty (20) square feet of gross
floor area per dwelling unit within the residential
development area of the project. For example, a
400 unit project would be allowed 400 X 20 or 8,000
square feet of commercial floor area.
7. The amount of P.D. accessory commercial building
area receiving a certificate of occupancy (C.O.) is
limited by the number of dwelling units having a
C.O. At no time shall a C.O. be issued for a
building or building portion containing a P.D.
accessory commercial use unless the total number of
C.O.'d residential dwelling units within the P.D.
project multiplied by twenty (20) square feet
equals or exceeds the total gross floor area of the
entire accessory commercial building(s) already
C.O.'d and requested to be C.O.'d. For example, if
at a point in time, a project has 100 C.O.'d
dwelling units, then 100 X 20 (sq. ft.) or 2,000
sq. ft. of total accessory commercial building area
may C.O.'d at that point in time.
8. All other regulations and standards for commercial
development including but not limited to parking,
loading, landscaping, and lighting shall apply.
Reductions in the normal parking requirements found
in chapter 954 based upon pedestrian access and
proximity to customers served may be approved by
the Board of County Commissioners after receiving
a recommendation from the Technical Review
Committee. The Technical Review Committee
recommendation shall be based upon a review of a
parking study submitted by the applicant providing
information and analysis required by the county
traffic engineer.
(C) Commercial uses allowed in the A-1 district may be
permitted in agriculturally designated areas. All
commercial uses having specific land use criteria for
the A-1 district as found in chapter 971 shall comply
with the applicable chapter 971 criteria and standards.
(3) Compatibility.
(A) Compatibility between uses within the P.D. project areas
shall be addressed by individual project design, through
381
the use of location, buffering, transition, integration
of uses, or other means, as approved by the county.
(B) Compatibility with properties adjacent to the P.D.
project area shall be ensured by compliance with the
applicable standards of section 915.16.
(4) Site development standards. The applicable site development
standards of chapter 913 and chapter 914 shall apply.
Section 915.13 Residential Use Standards
(1) Location and restrictions. Residential uses may be
established within a P.D. project area, in a manner
consistent with the applicable compatibility standards of
this section (915.13) and section 915.16, where the
underlying comprehensive plan land use designation allows
such uses and where such uses are approved as accessory to an
allowable use.
(A) Residential development may be allowed in areas
designated as agriculture on the comprehensive plan land
use map, subject to the following restrictions.
1. The density of the project shall not exceed the
maximum density of the AG land use designation; no
density transfers from off-site lands and no
density bonuses shall be permitted within PD
projects in AG designated lands;
2. Lots created through the PD process shall not
exceed one acre in size, with the remainder of the
area designated as open space;
3. Open space areas shall be retained as natural areas
or used for agricultural uses; however up to
thirty percent of the open space area may be used
for recreational purposes in the AG -1 areas and
twenty-five percent in the AG -2 and AG -3 areas.
(2) Uses allowed. All residential uses allowed within chapter
911, Zoning, except mobile homes, may be allowed where
residential uses are allowed to be located in accordance with
section 915.13(1). In addition, the following residential
uses are allowed as specified:
(A) Watchman's quarters and worker housing may be allowed as
accessory uses to an industrial use or facility,
including agriculturally related industrial activities.
The RM -8 zoning district criteria, including the density
allowed within the industrial use area, shall apply to
such accessory residential uses. Total industrial and
accessory residential development is limited by the
minimum project open space requirements, as found in
section 915.18 of this chapter.
382
(B) Residential uses may be allowed within all commercial
use areas. The RM -8 zoning district criteria, including
the density allowed within the commercial uses area,
shall apply to residential development. Where
residential development occurs within a commercial use
area, the minimum project open space shall be 30%.
Total commercial and residential development is limited
by the RM -8 maximum density, the minimum 30% open space
requirement (stated above), and the applicable maximum
building coverage requirement.
(3) Compatibility.
(A) Compatibility between uses within the P.D. project areas
shall be addressed by individual project design, through
the use of location, buffering, transition, integration
of uses, or other means, as approved by the county.
(B) Compatibility with properties adjacent to the P.D.
project area shall be ensured by compliance with the
applicable standards of section 915.16.
(4) Site development standards. The applicable site development
standards of chapter 913 and chapter 914 shall apply.
Section 915.14 Agricultural Use Standards
(1) Location. Agricultural uses may be established within a P.D.
project area where:
(A) the underlying comprehensive plan land use designation
allows such uses, or where
(B) the agricultural uses allowed in the RS -1 zoning
district in chapter 911 are established in a residential
development area in a manner consistent with the
applicable compatibility standards of sections 915.14(3)
and 915.16, and any criteria and standards of chapter
971, Specific Land Use Criteria, applicable to the use.
(2) Uses allowed.
(A) All agricultural uses permitted within the A-1,
Agricultural zoning district may be located in
accordance with section 915.14(1)(A).
(B) Within a residential development area, all agricultural
uses allowed within the RS -1 zoning district of chapter
911 may be allowed within residential use areas.
1. All uses having specific land use criteria for
residential districts as found in chapter 971 shall
383
comply with the applicable chapter 971 criteria and
standards.
(3) Compatibility.
(A) Compatibility between uses within the P.D. project areas
shall be addressed by individual project design, through
the use of location, buffering, transition, integration
of uses, or other means, as approved by the County.
(B) Compatibility with properties adjacent to the P.D.
project area shall be ensured by compliance with the
applicable standards of section 915.16.
(4) Site development standards. The applicable site development
standards of chapter 913, Subdivisions and Plats, and chapter
914, Site Plan, shall apply.
Section 915.15 Planned Development Allowable Waivers and
Development Parameters
Waivers from the various conventional standards and criteria found
in the chapter 911, Zoning, may be granted by the Board of County
Commissioners via the establishment of special project development
parameters, as provided for herein.
(1) Conceptual P.D. plans shall list, for all areas and phases
within the P.D. project area, the proposed waivers and
development parameters for the following:
a) minimum lot size (in square feet)
b) minimum lot width (in feet)
c) minimum lot frontage (in feet)
d) minimum yard setbacks for buildings: front, rear, and
side
e) minimum yard setbacks for accessory structures (such as
pools, patios, and decks); front, rear, and side
f) maximum lot coverage; building(s) and impervious surface
area
g) minimum separation distances between buildings
h) minimum right-of-way widths (by road type)
i) minimum open space per lot and by phase [NOTE: the
minimum open space for the entire project shall meet or
exceed the requirements of section 915.18.]
j) minimum preservation/conservation area per lot.
Note: more conceptual plan submittal requirements are listed -out
in section 915.22
(2) Notwithstanding other provisions in this chapter (915) and
chapter 971, specific land use criteria listed in Chapter 971
may be waived (modified or not applied) where such criteria
would merely apply to the compatibility of uses within the
P.D. project area if approved by the county. Where specific
land use criteria apply to the relationship of a use(s)
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(3)
within a P.D. project and properties adjacent to the project
area, the specific land use criteria shall apply pursuant to
the provisions of chapter 971.
The conventional standards and criteria found in chapter 911,
Zoning, not covered in section 915.15(1) shall apply unless
otherwise specifically waived or modified by other provisions
of this chapter.
Section 915.16 Compatibility Standards
Compatibility with areas adjacent to P.D. project areas shall be
ensured by project compliance with the following requirements.
(1) A twenty-five (25) foot setback from buildings, driveways,
roadways, and parking areas to perimeter P.D. project area
property lines shall be established and shown on all P.D.
plans.
(A) The 25' setback shall not be required where a commercial
or industrial use within a P.D. project abuts a
commercial or industrial use on an adjacent property or
is adjacent to property having a commercial or
industrial land use plan designation. In such cases,
normal setback, buffer, and landscape standards shall
apply.
(B) Where residential uses within a P.D. project are
adjacent to residential areas or property having a
residential land use plan designation, yard
encroachments as allowed in the general provisions
section of chapter 911 may be allowed.
(C) Where a P.D. residential project abuts another
residential project that requires a perimeter buffer,
the required buffer areas may be allowed to "overlap"
with a single buffer meeting both requirements, if
approved by the board of county commissioners.
(2) Buffers or transition areas shall be provided in accordance
with the following compatibility matrix.
Proposed P.D.
Project Use
Along Project
Boundary: C-1 C-2 AG R L-1 L-2 M-1 M-2 RLC P Comm/Ind
Agricul-
tural N N N D C C C C N N N
Adjacent Property Comprehensive Plan Land Use Designation
Residen-
tial N N C D C/TA C/TA N N N N C
Commer-
cial D DDBB B C C C D N
Industrial D DDBA A B B C C N
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LEGEND: 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
N = No buffer: 25' required setback per section 915.16(1)
TA = Transition Area option available: 25' required setback plus
a perimeter transition area having a depth of at least 150'
developed at the same density/intensity as adjacent development
(3)
In applying the compatibility matrix of section 915.16(2),
where a local or collector road road -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 "C"
- "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" or normal chapter 926 landscape
requirements, whichever requirements are greater.
(5) No portion of a P.D. project area shall be modified or sold -
off in a manner that would conflict with the compatibility
requirements of this section (915.16).
Section 915.17 Project Integration Into Public Systems
The land use(s) and natural and built environment of P.D. projects
shall be properly integrated into the public systems that exist
and are planned for the area of the county within which the
project is located.
(1) Water and sewer service provisions shall comply with all
county water and sewer regulations and comprehensive plan
policies. Fire hydrants and fire flow shall be provided as
required in section 913.09 of the Subdivision and Plats
ordinance, where such access is necessary for the proper
future development of the adjoining area(s).
Electrical service shall be provided as required and provided
for in section 913.09 of the Subdivision and Plats ordinance.
Roads and provision for roads shall comply with and implement
the county Thoroughfare Plan Map and Subdivision Collector
Map.
(A) Roads required for existing or future use of the public
shall be dedicated to the public and shall be built to
applicable county standards.
386
(B) Relation to existing or planned streets.
1. Adjoining areas. The pattern of streets in P.D.
projects shall provide for the continuation of
existing streets from adjoining areas, or for their
proper projection where adjoining land is not
developed.
2. Adjacent areas. Where street extensions into
adjacent undeveloped land are necessary to ensure
a coordinated street system, or to provide adequate
access and circulation for future development,
provisions for such future streets shall be made.
3. Extensions to existing roadways. Extensions of
existing public roads may be required to provide
adequate access and circulation, and/or to mitigate
against the negative impacts of development having
lengthy dead -ended streets or closed street
systems.
4. Abutting arterials. P.D. projects abutting
arterials shall provide for marginal access as
required in chapter 952.
5. The paved road requirements of chapter 952 shall
apply to P.D. projects.
6. Pedestrian systems shall be provided within P.D.
projects to serve all land uses in a manner
consistent with the requirements and provisions of
chapter 913.09(4) and 913.09(5), and the county
comprehensive bikeway and sidewalk plan.
Pedestrian access from the P.D. project to adjacent
recreation areas or schools shall be provided.
7. The board of county commissioners, based upon a
recommendation by the Technical Review Committee
and the Supervisor of Elections, may require that
the P.D. project provide a facility or use of a
facility for election polling.
8. All streets shall be either dedicated to the public
or dedicated to an maintained by a private property
owner's association. If a street proposed for
dedication to the county in a new P.D. project will
be a continuation of an existing dedicated and
accepted street, the entire street right-of-way for
the proposed street shall be dedicated to the
public and platted with the P.D. project. Roads
deemed necessary to provide access to adjacent
properties shall be dedicated to the public unless
adequate legal provisions can be made to guarantee
access to and use of the street system by area
property owners.
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Section 915.18 Open Space Standards
(1) The minimum amount of open space required within a planned
development project shall be as specified within the
underlying zoning district(s) (other than P.D.), or, in cases
where the planned development zoning overlay district is used,
as specified in the appropriate underlying comprehensive plan
land use designations as follows:
(2)
(3)
C-1 N/A
C-2 50%
AG -1, AG -2, AG -3 80%
R "50%
L-1 40%
L-2 40%
M-1 40%
M-2 30%
REC N/A
P N/A
Comm/Ind 25%*
*In areas where commercial or industrial uses are mixed,
with residential uses, the minimum project area open
space shall be 30%.
NOTE: N/A = not applicable
Where a planned development project area has more than one
underlying zoning district or, in cases where the planned
development zoning overlay district is used and there is more
than one underlying comprehensive plan land use designation,
open space may be distributed throughout a project area as
approved in the conceptual planned development plan. Open
space shall be distributed and integrated into the overall
project design in a manner compatible with existing,
permitted, and planned future development on adjacent
properties.
In calculating open space areas, the following shall qualify
as open space, subject to the limitations provided herein.
All areas credited as meeting the minimum open space
requirement shall be preserved and maintained as designated on
the approved plan. Legal restrictions and/or easements shall
be established, in a manner acceptable to the county
attorney's office, to ensure the preservation and maintenance
of the open space areas.
(A) For residential development on a site or portion of a
site designated as agriculture on the comprehensive plan
land use map, all creditable open space area(s) shall be
either retained in its natural state, used for
agricultural uses, or used for recreation proposed. No
more than thirty percent (30%) of the creditable open
space shall be used for recreational purposes in the AG -
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1 areas, twenty-five percent (25%) for the AG -2 and AG -
3 areas.
(B) Common green areas; one hundred (100) per cent of the
common area shall be creditable towards open space.
(C) Golf courses and similar major recreational
areas/facilities. It is the intent of this section to
encourage the accessibility of all open space areas to
individual dwelling units within planned residential
developments. The following standards shall be used in
calculating creditable open space areas for these
areas/facilities:
1. If more than sixty (60) per cent of the total
residential dwelling units within the planned
development abut or are adjacent to and have direct
visual access to the golf course (including rough
areas) or major recreational area/facility,
'one hundred (100) per cent of the area contained
therein shall be creditable towards open space;
2. If between thirty (30) per cent and sixty (60) per
cent of the total residential dwelling units within
the planned development are adjacent to and have
direct visual access to the golf course (including
rough areas) or major recreational facility,
seventy-five (75) per cent of the area contained
therein shall be creditable towards open space; and
3. If less than thirty (30) per cent of the total
residential dwelling units within the planned
development are adjacent to and have direct visual
access to the golf course (including rough areas)
or major recreational facility, fifty (50) per cent
of the area contained therein shall be creditable
towards open space.
(D) The total area of natural plus manmade water bodies (at
mean high water or high design level, whichever is
appropriate) shall not be creditable for more than
thirty (30) per cent of the total required open space
for the development.
(E) Multi -use recreation center. One hundred (100) percent
of the area occupied by a multiple -use recreation
building and its accessory or attendant outdoor
recreation facilities, not already specifically
addressed in this section, may be creditable towards
open space, provided that impervious areas shall not be
credited for more than thirty (30) per cent of the total
required open space for the development.
(F) Environmentally sensitive areas. One hundred (100) per
cent of environmentally sensitive lands from which
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density has been transferred shall be creditable as open
space, provided that environmentally sensitive areas
shall not be credited for more than thirty (30) per cent
of the total required open space for the development.
(G) Impervious private exterior open areas. One hundred
(100) per cent of any privately maintained or owned
exterior open areas, composed of impervious surfaces,
which are adjacent to and for the exclusive use of the
residents of an individual dwelling unit, partially
enclosed by walls, hedges, buildings or structures,
including swimming pools, tennis courts, balconies,
terraces, porches, decks, patios and atriums may be
creditable toward the open space requirement, provided
the total area credited therein does not exceed ten (10)
per cent of the total required open space of the
development. Creditable areas shall not include screen
or glass enclosed areas.
(H) One hundred (100) per cent of the area contained in a
continuous pedestrian circulation system, consisting of
permanently maintained walks and trails may be
creditable as open space.
(I) The following areas are specifically excluded from
calculation as open space areas:
1. Public and private street rights-of-way,
[exception: continuous pedestrian systems contained
within private rights-of-way may be credited as
open space];
2. Parking areas; and
3. Nonresidential and non -recreational buildings and
structures.
Section 915.19 Recreation Standards
To accommodate the needs of future project residents, P.D.
projects containing more than sixty (60) dwelling units shall
provide recreational areas and facilities that meet the County's
urban district park standard of 5 acres per 1,000 population,
adopted in the comprehensive plan.
(1) Minimum recreational area facilities required. Based upon a
standard of five (5) acres of recreational area per one
thousand (1,000) residents, and an average household size of
2.4 persons per household, all P.D. projects containing more
than sixty (60) dwelling units shall provide a minimum of
522.72 square feet of recreational area per dwelling unit.
(2) Both passive and active recreational areas/facilities shall
be creditable towards meeting the minimum recreational
area/facilities requirements. Credit may only be given for
areas that are accessible to and useable by all project
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residents. All areas credited as meeting the minimum
recreation space requirement shall be preserved and
maintained as recreation space. Legal restrictions and/or
easements shall be established in a manner acceptable to the
County Attorney's Office, to ensure the useability and
maintenance of the recreational areas/facilities.
(A) Active recreational areas/facilities shall include, but
shall not be limited to, playgrounds, athletic fields,
golf courses, various types of courts, swimming pools,
exercise trails and multi -use recreational buildings.
(B) Passive recreational areas/facilities shall include, but
shall not be limited to, picnic areas, beaches,
boardwalks and dune crossovers, benches, and gazebos.
Section 915.20 Review and Approval Process Requirements
The following review and approval process, in the order outlined,
shall apply to all planned development projects:
(1) Formal pre -application conference. A formal pre -application
conference with county staff is required prior to submission
of a formal Planned Development zoning district or special
exception approval application. Procedural requirements are
the same as those provided for required site plan and
subdivision formal pre -application conferences pursuant to
Chapter 913 and Chapter 914. Planned Development formal pre -
application conference submittal requirements are found in
section 915.21 of this chapter.
(2) Planned development conceptual plan. A complete planned
development conceptual plan application in accordance with
the requirements of section 915.22 of this chapter shall be
submitted by the applicant, and reviewed and considered by
all appropriate staff prior to consideration by the Planning
and Zoning Commission and Board of County Commissioners.
This requirement shall apply to both a planned development
special exception approval request and a planned development
zoning district rezoning request.
(A) Planned development special exception approval requests
shall be reviewed and approved pursuant to the special
exception review and procedures regulations contained in
Chapter 911, Zoning. The planned development conceptual
plan, which shall accompany the special exception
application, shall be reviewed by staff in the same
manner as a site plan, pursuant to the provisions of
chapter 914, Site Plan.
(B) Planned development zoning requests shall be reviewed
and approved pursuant to the zoning amendment review and
procedures regulations contained in Chapter 911, Zoning.
The planned development conceptual plan, which shall
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accompany any Planned Development Zoning District
rezoning application, shall be reviewed as part of the
zoning request and shall set the parameters for
development within the P.D. district requested.
(C) Pursuant to section 915.15, waivers to various land
development regulations may be approved by the board of
county commissioners. In addition, the board may impose
on planned development project approvals such other
conditions or restrictions which the board feels
necessary, notwithstanding that such restrictions or
conditions may not be expressly provided for in the
county's land development regulations.
(3) Preliminary planned development plan. A preliminary planned
development plan application may be submitted concurrently
with a conceptual planned development plan or any time
thereafter; however, the preliminary planned development plan
shall be subject to approval of the planned development
conceptual plan and all conditions attached thereto. The
preliminary planned development plan shall conform to the
approved planned development conceptual plan. A land
development permit may be issued only for those areas of the
planned development which have received preliminary planned
development plan approval.
(A) The preliminary planned development plan shall consist
of a site plan and preliminary plat, and shall be
reviewed and approved pursuant to the requirements and
procedures of Chapter 913 and Chapter 914 as a
concurrent site plan/preliminary plat application.
(B) Preliminary planned development plans may represent all
of a planned development project area, or a phase or
phases pursuant to the provisions of section 915.09 of
this chapter.
(C) No preliminary planned development plan shall be deemed
to be approved until such time as the planned
development project's conceptual plan is approved.
(D) Submittal requirements for preliminary planned
development plan applications are found in section
915.23 of this chapter.
(4) Land development permit. No construction may occur on a
planned development project site until a land development
permit has been issued. No land development permit
application shall be submitted prior to board approval of the
project conceptual planned development plan and TRC review
and approval of the preliminary planned development plan
covering the area for which the land development permit is
sought.
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(5)
(A) The land development permit shall be reviewed and
approved pursuant to the land development permit
requirements and procedures of Chapter 913, Subdivisions
and Plats.
(B) The land development permit shall conform to the
approved planned development conceptual and preliminary
plans and all conditions attached thereto.
Building permit. No building permit(s) shall be issued prior
to issuance of a land development permit covering the area
for which the building permit is sought.
(A) The building permit application shall be reviewed and
approved pursuant to standard county building permit
review and approval procedures.
(B) The approved building permit shall conform to the
approved planned development conceptual and preliminary
plans and all conditions attached thereto.
(6) Final planned development plan. No final planned development
plan shall be approved prior to issuance of a land
development permit covering the area for which the final
planned development plan approval is sought.
(A) The final planned development plan shall consist of a
final plat and a copy of the approved site plan(s)
covering the area being platted.
(B) The final planned development plan shall be reviewed and
approved pursuant to the final plat review and approval
procedures contained in Chapter 913, Subdivisions and
Platting.
(7) Certificate of occupancy. No certificate of occupancy shall
be issued prior to approval of a final planned development
plan covering the area for which the certificate of occupancy
is sought.
(1) The review, inspection, and approval procedures for a
certificate of occupancy request shall be in accordance
with the applicable procedures contained in chapter 913
and Chapter 914 and standard County certificate of
occupancy procedures.
Section 915.21 Formal pre -application Conference Submittal
Requirements
To initiate the scheduling of a formal pre -application conference
by staff, the applicant shall submit a completed formal pre -
application conference information form (furnished by the planning
division) along with seven (7) plan sets which shall include the
following graphic and written information.
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(1) All proposed uses and general location and distribution of
each use or mixture of uses and of development intensities
(approximate square feet of gross building area or density).
(2) Proposed overall density and any density transfer and
affordable housing density bonus proposal(s).
(3) Proposed phasing.
(4) Proposed development parameters (as identified in section
915.15).
(5) Adjacent existing and allowable uses and proposed
compatibility measures (as identified in section 915.16).
(6) Proposed open space and recreation areas and facilities.
(7) Integration into public systems (as identified in section
915.17) including:
(a) utilities provisions (water, sewer, electric);
(b) roadways including connections and improvements;
(c) bikeways and sidewalks;
(d) streetlighting;
(e) recreation areas; and
(f) other public systems used or improved.
(8) Proposed internal vehicular and pedestrian systems
(9) Proposed method of stormwater management.
(10) Existing site conditions, including location and extent of
areas covered by native vegetation, wetlands, and
environmentally significant (such as xeric scrub, coastal
tropical hammock, pine flatwoods) features. Also, the
location and extent of existing drainage features and
existing and proposed waterbodies.
Section 915.22 Planned Development Conceptual Plan Submittal
Requirements
To initiate review of a conceptual planned development plan, the
applicant shall submit to the planning division the following.
(1) A completed conceptual planned development plan application
form (furnished by the planning division) along with the
appropriate review fee.
(2) Two (2) copies of the property owner's (s') deed and one (1)
letter of authorization from the property owner(s) on behalf
of the project applicant or agent if different from the
owner(s).
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(3) Seven (7) to scale 24" X 36"* plan sets of the project at a
scale not greater 1" = 50'* which shall include the
following graphic and written information.
*A smaller scale may be used for all or part of the project
depiction when the project cannot fit on a 24" X 36" plan
sheet, upon approval by the community development director.
(a) The location and area of all proposed uses and mixture
of uses with the appropriate measure of intensity for
each use (density or square feet of gross floor area).
(b) A project phasing plan depicting all phase boundaries
and a proposed timetable (by year) for each phase which
demonstrates compliance with section 915.10 and the
phasing requirements of chapter 913 and chapter 914.
All plan sheets within each plan set shall depict phase
boundaries and designations.
(c) Tabulations showing the following for each phase,
successive groupings of phases (a "running" tabulation
over phase time), and for the total project:
1. Gross area
2. Units and density, and dwelling unit computation as
specified in section 915.08(4)
3. Square feet of gross floor area by use,
demonstrating compliance with the requirements of
sections 915.11 - 915.14.
4. Open space areas, demonstrating compliance with
section 915.18 requirements.
5. Recreation areas and facilities, demonstrating
compliance with section 915.19 requirements.
6. Preservation and conservation areas, demonstrating
compliance with the requirements of chapter 928 and
chapter 929.
7. Area needed to accommodate necessary parking and
traffic circulation.
8. Area needed to accommodate necessary stormwater
management system(s).
(d) Description and typical elevation of proposed unit or
building types and method of conveying ownership.
(e) Location and designation of all common areas and
facilities.
(f) All development parameters and waivers as discussed in
section 915.15.
(g) Location of all existing and allowable uses and their
existing or allowable intensity and proposed
compatibility measures meeting or exceeding the
requirements of section 915.16, including typical cross -
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(j)
sections, showing a section at least 150' in length
along each project area border.
Details of any proposal to transfer density or to use
the affordable housing density bonus provision.
Vehicular and pedestrian systems, including typical
travelway surface and right-of-way widths, proposed
connections to existing streets and the planned street
network in the vicinity of the project. Existing or
proposed streets and driveways within 300' of the
project area.
A traffic impact analysis if required by the chapter
952, Traffic, regulations, in accordance with the
chapter 952, Traffic, regulations.
(k) Existing site conditions:
1. waterbodies
2. wetlands
3. native vegetation
4. protected trees
5. topography and drainage features (incl
and ditches), soil types
6. archeological or historic features or
such features are probable to occur
project area
7. wells, free-flowing or valved
8. buildings, structures, or driveways and their
disposition (to be removed, to remain, to be
altered)
9. utilities services and facilities, including, but
not limited to water, sewer, electric, telephone,
cable
10. easements
coverage, by community
uding canals
areas where
within the
General water, sewer, irrigation and fire suppression
and protection system layout.
Signed and sealed survey of the project site.
Existing and proposed road right-of-way conditions.
Description of the proposed or existing maintenance
entity and program covering all common areas, facilities
and improvements. Designations for all improvements,
facilities, and areas as public or private.
Vicinity map, showing the land area within three
quarters (3/4) of a mile of the project area.
Two (2) aerials at a scale not greater than 1" = 100',
each with an overlay showing:
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1. project area boundary,
2. proposed roadway and pedestrian system layout,
3. proposed areas of development (impervious
surfaces),
4. proposed open space and preservation areas,
5. proposed buffer areas, and
6. proposed stormwater management tracts and
easements.
(r) A concurrency certificate or evidence of application for
a certificate.
(s)
General stormwater management design, and a signed and
sealed letter from a professional engineer certifying
that the conceptual stormwater management plan will be
able to meet all applicable stormwater management and
flood protection criteria of Chapter 930, Stormwater
Management.
(t) Additional submittal requirements may be required by
staff at the formal pre -application conference based
upon concerns and issues particular to the site,
surrounding area, or proposed use(s).
The community development director or his designee shall
determine whether or not an application is complete and can
be routed for interdepartmental review. No incomplete
application shall be routed for review.
Section 915.23 Preliminary Planned Development Plan Submittal
Requirements
The preliminary planned development plan submittal requirements
are the same as the major site plan requirements contained in
Chapter 913 and the preliminary plat requirements contained in
Chapter 914.
(1) In addition to the above requirements, preliminary planned
development plan applications shall contain the following:
(A) One (1) updated conceptual plan sheet with each
preliminary plan set.
(B) Tabulations showing for the subject phase along with all
previously approved preliminary plan phases showing the
following:
1. gross area
2. density
3. square feet of gross floor area
4. open space, demonstrating compliance with section
915.18
5. recreation area, demonstrating compliance with
section 915.19
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6. preservation/conservation areas in accordance with
the approved conceptual plan.
(C) The project internal pedestrian system.
(D) Detailed depiction and cross-sections of all buffer
and/or transition areas, demonstrating compliance with
the requirements of section 915.16.
(E) A concurrency certificate or evidence of application for
a certificate.
The community development director or his designee shall
determine whether or not an application is complete and can
be routed for interdepartmental review. No incomplete
application shall be routed for review.
Section 915.24 Land Development Permit Submittal Requirements
The land development permit submittal requirements shall be the
same as the land development permit requirements contained in
Chapter 913, Subdivisions and Platting
Section 915.25 Final Planned Development Plan Submittal
Requirements
The final planned development plan submittal requirements shall be
the same as the final plat requirements contained in Chapter 913.
(1) In addition to the above requirements, the final planned
development plan shall contain the following:
(A) Seven (7) copies of the latest approved site plan(s)
covering the area being platted.
(B) Seven copies of the latest approved conceptual plan
sheet.
The community development director or his designee shall
determine whether or not an application is complete and can
be routed for interdepartmental review. No incomplete
application shall be routed for review.
Section 915.26 Modifications to Planned Development Plans
Planned development plans may be modified as provided herein.
(1) Proposals to increase the overall project density, increase
the intensity of use(s), reduce buffers or other measures
intended to ensure the compatibility with adjacent
properties, reduce preservation/conservation areas, obtain
special exception waivers not previously granted, require a
change in the development parameters set up in a Planned
Development zoning district, or to reduce, expand or
otherwise modify the project area, shall require approval of
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a revised planned development conceptual plan and any other
affected project plan(s).
(A) A revised planned development conceptual plan shall be
reviewed and approved in the same manner as the original
planned development conceptual plan application.
(B) Revisions of other affected plan(s), if any.
(2) Phasing revisions shall require modifications to and the
updating of the planned development conceptual plan and all
affected preliminary planned development plans. Such
modifications shall be reviewed and approved in the same
manner as a minor site plan, pursuant to the provisions of
chapter 914.
Preliminary planned development plans may be modified in the
same manner as site plans and preliminary plats pursuant to
the provisions of Chapter 913 and Chapter 914. Modifications
shall generally conform to the approved planned development
conceptual plan. A copy of an updated planned development
conceptual plan sheet(s) shall accompany each copy of the
proposed planned development plan modification.
(4) Land development permits may be modified pursuant to the
requirements, review and procedures for modifying land
development permits contained in Chapter 913.
(5) Final planned development plats may be modified pursuant to
the re -platting procedures contained in Chapter 913 and
standard County procedures for such reviews and approvals.
Section 915.27 Planned Development Time Limitations, Expirations,
and Terminations
Planned development application and approval time limits and
termination standards and procedures shall be the same as provided
for in Chapter 914 for conceptual and preliminary plats, and shall
be the same as provided for in Chapter 913 for land development
permits and final planned development plans.
Section 915.28 Transfer of Approval and Assumption of Obligations
Planned development plan approvals may be transferred to a
successor(s) in interest in the same manner as provided for in
Chapter 914 for site plan approval transfer. Said transfer and
assumption of obligations shall ensure compliance with all
applicable planned development approval conditions and perpetual
maintenance of designated open space, buffer, and recreation areas
and the preservation of all designated conservation areas.
(3)
\u\c\ldr\915
399
CHAPTER 916 - DEVELOPMENT OF
REGIONAL IMPACT (D.R.I.)
Section 916.01 Title
Section 916.02 Definitions
Section 916.03 Purpose and Intent
Section 916.04 Local Standards and Requirements
Section 916.05 Review Procedures
Section 916.06 Review Fees
Section 916.01 Title. This chapter, the terms and provisions
contained herein, shall be known as the "Development of Regional
Impact (D.R.I.) Ordinance" of Indian River County, Florida.
Section 916.02 Definitions. See Chapter 901.
Section 916.03 Purpose and Intent. It is the purpose and intent
of this chapter to:
1. ensure that the State's development of regional impact
(D.R.I.) regulations are properly applied to project
proposals within the unincorporated area of Indian River
County, and
2. ensure proper review and consideration of D.R.I. applications
by the Planning and Zoning Commission and the Board of County
Commissioners.
Section 916.04 Local Standards and Requirements. The following
local standards and requirements shall apply to development
project proposals as provided herein.
(1) After receiving a recommendation from the Planning and Zoning
Commission and the Community Development Director, the Board
of County Commissioners may require a developer to obtain
from the state and submit to the county a binding letter of
interpretation prior to county consideration and approval of
all or a portion of a proposed development project. The
Board may require the binding letter of interpretation if it
finds the following:
a. that the proposed project has not undergone review and
approval through the DRI process nor has it otherwise
been previously exempted from DRI regulations by the
state;
b. that the project proposes development between the eighty
percent (80%) and one hundred percent (100%) of DRI
thresholds found in Chapter 380.06 of the Florida
Statutes and in Chapter 9J-2 of the Florida
Administrative Code;
c. that due to its size, character, or location the
proposed project would appear to have a substantial
400
effect on the health, safety, or welfare of citizens of
more than one county due to its impact on one or more of
the following:
1. Compatibility with existing or planned land uses;
2. Potable water, sanitary sewer, or solid waste
systems,
3. Groundwater or wellfield protection, or aquifer
recharge;
4. Drainage;
5. Traffic circulation or other transportation modes;
6. Housing;
7. Conservation or coastal management;
8. Recreation;
9. Economic development; or
10. Capital improvements programs.
(2) Upon review of the State's "aggregation rule" criteria found
in Chapter 380.06 of the Florida Statutes and in Chapter 9J-
2 of the Florida Administrative Code and a determination that
a project proposal appears to fall under D.R.I. regulations
due to possible aggregation, the Board of County
Commissioners may require an applicant to obtain from the
state either a binding letter of interpretation or an
"aggregation clearance letter" or its equivalent, which shall
state whether or not the state considers the proposed project
to be under D.R.I. regulations due to the aggregation rule.
The Board may make such a determination after receiving a
recommendation by the Planning and Zoning Commission and the
Community Development Director, and may require a developer
to submit an interpretation from the state prior to county
consideration and approval of all or a portion of a proposed
development project.
On any site covered by a D.R.I. development order, no
subsequent local development order shall be approved and no
construction shall be performed which does not conform to the
D.R.I. development order and any conditions attached thereto,
for as long as the D.R.I. development order is in effect.
(4) D.R.I. applications, substantial deviation applications, and
application for "minor" amendments to D.R.I.'s shall be
accompanied by a local review fee as adopted by the Board of
County Commissioners by resolution.
(3)
Section 916.05 Review Procedures. The following review procedures
shall apply to D.R.I. applications and applications to amend
D.R.I.'s in conjunction with and in addition to the review
procedures required in Chapter 380.06 of the Florida Statutes and
in Chapter 9J-2 of the Florida Administrative Code.
(1) D.R.I. applications, substantial deviation applications, and
applications for "minor" amendments to D.R.I.'s shall be
reviewed and considered by the Planning and Zoning
Commission. The Planning and Zoning Commission shall
401
recommend an action or actions to the Board of County
Commissioners regarding each application. The Board of
County Commissioners shall take final action on all such
applications.
(2) For D.R.I. applications and substantial deviation
applications, notice by regular mail shall be sent by the
county to surrounding property owners within three hundred
(300) feet of the project site at least 10 days in advance of
the Planning and Zoning Commission and the Board of County
Commissioners scheduled meetings at which an application is
to be considered. Said meetings shall be public hearings.
a. These mailing notice provisions are directory only.
Failure to mail such notices or failure in the receipt
of such notices by surrounding property owners shall not
affect consideration and action by either the Planning
and Zoning Commission or the Board of County
Commissioners.
(3)
For D.R.I. applications and substantial deviations
applications, posted notice shall be placed by the county on
the project site in accordance with the posted notice
provisions of Chapter 911.
Section 916.06 Review Fees.
All applications for D.R.I., substantial deviation, or minor D.O.
amendment review shall be accompanied by the appropriate review
fee, as established by the board of county commissioners by
resolution.
\u\c\idr\916
402
CHAPTER 917 ACCESSORY USES AND STRUCTURES
917.01 Title
917.02 Purpose and Intent
917.03 Definitions
917.04 Use Limitations
917.05 Location Regulations
917.06 Specific Uses and Structures
(1) Above -ground Storage of Gasoline
(2) Access (Driveway) Restrictions/Single Family Lots
(3) Height Exceptions
(4) Home Occupations
(5) Outdoor Lighting at the Beach
(6) Piers, Docks, Boatslips and Waterfront Structures
(7) Required Corner Visibility
(8) Satellite Dish Antennas
(9) Septic Tanks and Drainage Fields
(10) Special Setback Requirements
(11) Towers: Transmission and Reception
(12) Walls and Fences
(13) Yard Encroachments
Section 917.01 Title.
This chapter, the terms and the provisions contained herein shall
be known as the "Accessory Uses and Structures Ordinance" of
Indian River County, Florida.
Section 917.02 Purpose and Intent.
It is the purpose of this chapter to provide requirements and
procedures which allow for accessory uses and structures in
conjunction with development in Indian River County, Florida.
Accessory uses are permitted in all zoning districts, as provided
for in Section 917.06, Specific Uses and Structures. Accessory
uses and structures must receive permit approval in the same
manner as the principal structure; this shall include building
permit approval, site plan approval, administrative approval or
any other applicable approval.
Section 917.03 Definitions.
See Chapter 901.
Section 917.04 Use Limitations.
Uses and structures are restricted as provided below.
(1) No accessory structure shall be built prior to the
construction of the principal use, except for single-family
docks on vacant lots as specified in Chapter 971. A building
permit for an accessory structure may be obtained as part or
at the s :ae time as the permit for the principal structure.
403
(2) No accessory structure shall be occupied or utilized unless
the principal structure to which it is accessory is occupied
or utilized.
(3) All accessory uses and structures shall comply with the use
limitations applicable in the zoning district in which
located; refer to Chapter 911, Zoning.
(4) All accessory uses and structures shall comply with the
maximum height regulations applicable in the zoning district
in which they are located, except as such height regulations
may be qualified by Height Exception and Limitations,
917.05(7).
(5)
Accessory uses and structures shall comply with the
regulations for review of Administrative Permits (971.04) and
Special Exceptions (971.05), as applicable.
Section 917.05 Location Regulations.
Accessory uses and structures shall be restricted to the locations
specified below.
(1) Attachment to a Principal Building. If an accessory -type
building shares a structural wall with a principal building,
it shall be deemed to be a part of the principal building and
shall comply in all respects with the requirements of the
land development regulations applicable to the principal
building.
(2) Parking and Loading. Off-street parking and loading spaces
shall be located in accordance with the provisions of Chapter
954, Parking.
(3) Signs. Signs shall be located in accordance with the
provisions of Chapter 956, Signs.
(4) Corner Visibility. No accessory use or structure may be
located in any corner visibility triangle as established in
the General Provisions section of Chapter 911, Zoning.
Section 917.06 Specific Accessory Uses and Structures.
(1) Above -Ground Storage of Gasoline and Other Combustible
Fluids.
a. Where above -ground storage of gasoline, petroleum oils
or other flammable fluids are permitted, any such
facility for storage having a capacity in excess of five
hundred (500) gallons shall be in compliance with the
National Fire Protection Association requirements.
b. A site plan application shall be filed, if required by
Chapter 914, to review any proposed above -ground fuel
storage facility. The public works department shall
404
review .such site plans for the mitigation of any
increases in the amount of impervious surface relating
to stormwater management, pursuant to Chapter 930
regulations.
c. The environmental health department shall review the
site plan to determine if secondary containment and/or
monitoring wells, and/or other measures are needed to
mitigate against the potential for groundwater
contamination via fuel leakage(s).
(2) Access Driveway Restrictions/Single Family Lots. See Chapter
912, Single -Family Development; and Chapter 952, Traffic.
(3) Height Exceptions and Limitations. See the General
Provisions section of Chapter 911, Zoning.
(4) Home Occupations. See Chapter 912, Single -Family '
Development.
(5) Outdoor Lighting at the Beach. See Chapter 932, Coastal
Management
(6) Piers, Docks, Boatslips and Waterfront Structures. See
Chapter 932, Coastal Management.
(7) Required Corner Visibility. See the General Provisions
Section of Chapter 911, Zoning.
(8) Satellite Dish Antennas.
(A) Location Restrictions. No satellite dish shall be
located between any building and any front or side
property line except on corner lots which do not have a
rear yard in which case the dish may be placed in the
side yard.
(B) Screening From Residential Districts. All dish antennas
located within a residential district or which abut a
residential district shall provide for opaque screening
approved by the community development director in order
to shield the antenna from the view of surrounding
properties. The screening materials shall be located so
as to shield the proposed antenna from view of persons
standing at ground level on surrounding properties and
rights-of-way. The location and specification of all
screening materials shall be approved by the director of
community development.
(9) Septic Tanks and Drain Fields. See the General Provisions
section of Chapter 911, Zoning.
(10) Special Setback Requirements.
405
(A) Street and Road Setbacks. In the event of the recording
of any proposed street or road in the office of the Clerk
of the Circuit Court of Indian River County, or in the
event of the designation or establishment by the Board of
County Commissioners of any proposed public street or
road, the same shall thereupon immediately be used as the
reference point for the purpose of determining setbacks
for new construction under the terms of this ordinance.
This provision shall not prevent the reconstruction of a
full or partially damaged or destroyed legally
nonconforming structure so long as the rebuilt structure
is consistent with the county's building code.
(B) Required Setbacks from Natural Waterbodies. All
residential properties which abut the intracoastal
waterway, Indian River or other natural water bodies
shall provide for a minimum rear yard setback of fifty
(50) feet for unplatted parcels and twenty-five (25) feet
for existing platted lots, between all structures and the
waterbody. In no case, however, with references to
existing parcels or lots of record, shall the buffer
exceed twenty (20) percent of the parcel or lot depth
perpendicular to the applicable waterway. - Additional
setbacks may apply to properties adjacent to the St.
Sebastian River and Indian River Lagoon Aquatic Preserve
as set forth in Chapter 929, Upland Habitat Protection.
`° (C) S.R. 60 Front Setback Requirement. All developments
abutting S.R. 60 shall have a minimum front setback of
seventy-five (75) feet.
(11) Towers; Transmission and Reception. Towers shall be measured
the same as building height:
(A) Towers up to thirty-five (35) feet in height shall have
no location restrictions and will have normal setbacks
for the applicable zoning districts.
(B) Towers which are thirty-five (35) feet to seventy (70)
feet in height shall be restricted to locations which are
a distance of 110% of the height of the tower from any
perimeter property. Towers of 35' to 70' which are
allowed to be located within non-residential districts,
may be approved to be located closer to the perimeter
property lines than 110% of the tower height if the
criteria in section 971.44 (1)(d) are satisfied.
(C) Towers which are over seventy (70) feet must follow the
procedures as an administrative permit or special
exception use, as per Chapter 971.
(D) Tower standards are located in Chapters 911 and 912.
406
(12) Walls and Fences.
(A) Generally. Fences and walls shall not be constructed on
or over any dedicated public drainage or utility
easements or public rights-of-way, except in agricultural
districts where such walls and fences may be authorized
upon written consent of the public authority.
Height of Walls and Fences.
1. Front Yard. Fences not exceeding forty-eight (48)
inches in height may be erected in the front yard
of any lot.
2. Side Yard. Fences not exceeding six (6) feet in
heightmaybe erected in the side yard of any lot
provided they do not extend beyond the front
setback line.
(B)
3. Rear Yard. Fences not exceeding six (6) feet in
height may be erected in the rearyard of any lot
within a zoning district, provided that no fence
shall be erected in a utility easement.
4. Fences not exceeding six (6) feet in height may be
erected in the front yard of any corner lot when
that yard does not provide the main entrance to the
lot and is adjacent to a road classified as a
collector road or higher in the county's
thoroughfare plan map.
(C) Prohibited Walls and Fences; Residential Districts. No
barbed wire, electrical element, or other hazardous
materials shall be maintained as a fence or part of a
fence or wall in a residential district.
(D) Agricultural and Temporary Construction Fences. All
fences in agricultural districts and temporary fences
used at construction sites for the purpose of security
shall be exempt from the height provisions of this
section, provided corner visibility is maintained.
(E) Increased Height of Walls and Fences.
1. Administrative Approval. Higher fences and walls
than listed above and all barbed wire fences shall
require prior administrative approval by the
community development director. Before
administrative approval may be issued, the
community development director must first determine
that the structure will be visually compatible in
the area in which is to be located and that the
additional security provided by such fence is
reasonably necessary given the location or use of
the property. A determination as to the visual
407
compatibility of a fence or wall with increased
height shall be based upon:
a. the number of existing walls/fences located on
surrounding properties;
b. the proximity of the wall/fence relating to
the property; and
c. the height and design of the wall/fence in
relation to other fences/walls in the area.
If mandatory approval by an architectural control
or review board having authority in the
neighborhood or subdivision is required, then such
recommendation shall be received prior to a
determination by the community development director
under this provision, and any such architectural
review board decision shall be given substantial
weight in the county's review process.
2. Application and Fee. The applicant shall submit an
application and fee for administrative approval.
The application shall be provided by the planning
division, and the fee shall be established by
resolution of the board of county commissioners.
3. Appeals of Decision. If an applicant disagrees
with a determination made by the community
development director under these provisions, review
shall be available to the applicant by way of
written appeal to the planning and zoning
commission.
(F) Use of Easements; Removal Agreement.
1. Administrative Approval. No fence or wall shall be
built in a utility or drainage easement without
prior administrative approval from the planning
division. Upon request for such administrative
approval, the division shall contact all present or
intended users of the easement within which a fence
approval has been requested to determine if the
construction of such fence or wall conflicts with
use of the easement. Based upon this information,
the division may approve, deny or approve with
conditions any requests.
2. Application and Fee. Request for administrative
approval shall require the applicant to submit an
application and fee to the planning division. The
application shall be available from the planning
division. The fee will be established by the board
of county commissioners.
408
3. Removal Agreement. No fence or wall shall be
approved for construction in a drainage or utility
easement unless the owner of the underlying fee
property shall first execute a removal agreement to
be recorded in the public records, providing for
preservation of the use of the easement. The
removal agreement shall be in the nature of a
covenant running with the land in favor of the
parties to whom the easements have been dedicated.
The covenant shall bind the owner and all
successors to bear the expense of any removal or
alterations of the fence or wall if such removal or
alterations are determined necessary to make use of
the easement, and the covenant shall provide a hold
harmless clause applicable to the county or any
other entity removing the fence or wall, pursuant
to terms of the agreement, in order to make lawful
use of the easement. The cost of recording the
covenant shall be borne by the applicant.
(13) Yard Encroachments. See the General Provisions section of
Chapter 911, Zoning.
\u\c\ldr\917
409
CHAPTER 918 SANITARY SEWER AND POTABLE WATER REGULATIONS
Sec. 918.01 Short Title
Sec. 918.02 Purpose and Intent
Sec. 918.03 Definitions
Sec. 918.04 Sanitary Sewer and Potable Water Regulations
Sec. 918.05 Water and Wastewater Connection Requirements for
New Development
Section 918.01 Short Title
This chapter shall be known as the Sanitary Sewer and Potable
Water Regulations Ordinance.
Section 918.02 Purpose and Intent
The purpose of this chapter is to provide for the implementation
of the land development related policies of the Sanitary Sewer and
Potable Water Sub -Elements of the Comprehensive Plan. Other
policies of the Sanitary Sewer and Potable Water Sub -Elements
requiring ordinances for implementation will be included in the
Utilities Ordinance in Title II of the Code of Laws. and
Ordinances. In the case of duplication between the provisions of
this chapter and the Utilities Ordinance in the Title II, the
provisions of the Utilities Ordinance will govern.
Section 918.03 Definitions
All terms defined in Chapter 901, definitions, are applicable in
this chapter.
Section 918.04 Sanitary Sewer and Potable Water Regulations
(1) Single family dwelling units and commercial establishments of
five thousand (5,000) square feet or less may use private
wells where such wells are approved by regulatory agencies
including the County Environmental Health Department and
Utilities Department,_ in accordance with the connection
regulations set out in Section 918.05 below.
(2) Single family dwelling units and commercial establishments of
less than five thousand (5,000) square feet may utilize
septic tanks for disposal of domestic waste only, where those
septic tanks are approved by the County Environmental Health
and Utilities Departments, and where consistent with the
connection regulations set out in Section 918.05 below.
When effluent re -use is required and permitted by the
Department of Environmental Regulation and the County
Utilities Department, developers of projects having open
(3)
410
space areas utilizing or projected to utilize ten thousand
(10,000) gallons or more water per day on a peak day for
irrigation, including golf courses, parks, medians, and other
such areas, which are located within a county utility
department service area and are within one mile of the nearest
effluent line containing irrigation quality effluent, shall
construct effluent re -use lines on site and effluent re -use
lines off site to connect to treated waste water to be used
for spray irrigation of the open space areas within the
development project.
Such large volume irrigation users shall be required to take
re -use water for spray irrigation. The effluent re -use lines
constructed for treated wastewater shall be dedicated to
Indian River County.
Developments located more than one mile from the nearest
irrigation quality effluent line and having open space areas
requiring irrigation shall install dry lines if they are
within the county utilities department service area and
irrigation quality effluent water is or will be available for
re -use.
(4) Regional potable water service will be limited to the service
areas shown on Figures 3.B.7, 3.B.8, and 3.B.9 of the Potable
Water Sub -Element of the Indian River County Comprehensive
Plan, and to areas where the county has legal commitments to
provide facilities and services as of February 13, 1990.
Regional sanitary sewer service will be limited to the service
areas shown on Figures 3.A.8, 3.A.9, and 3.A.10 of the
Sanitary Sewer Sub -Element of the Indian River County
Comprehensive Plan, and to areas where the county has legal
commitments to provide facilities and services as of February
13, 1990.
(5) No existing on-site wastewater treatment systems or water
treatment systems may be replaced or expanded without the
issuance of a permit conditioned upon compliance with the most
updated versions of county construction standards and DER and
HRS regulatory requirements and federal and state water
quality standards for sanitary sewer, and in compliance with
the most updated version of DER, HRS, and SJRWMD regulatory
requirements and federal and state water quality standards as
found in the Federal Water Pollution Control Act of 1972 (P.L.
92-500) and its amendments by the Clean Water Act of 1977
(P.L. 95-217). State drinking water standardsare also set in
the Florida Safe Drinking Water Act, F.S. 403.850-403.864.
The Federal Safe Drinking Water Act may be found at P.L. 93-
523. The applicant must also obtain a Utility Construction
Permit and, if applicable, as determined by the Utiliies
Department, obtain utility franchise approval.
(6) All new developments within the 2010 urban service areas which
do not have access to existing county potable water
411
(7)
systems or existing county regional sewer systems, which have
obtained county permits to build water treatment plants or
sanitary sewer package treatment plants, must dedicate the
plants to the county for operation and maintenance.
No development requiring connection to a regional system will
be approved if the development's demand exceeds the available
capacity for either water or sewer service. Development
orders may be issued for subdivision land development permits
if capacity for water or sewer service is existing or is
designed, under construction and contracted to come on line
prior to the impacts of the permitted subdivision project.
No building permits will be issued for the subdivision until
the capacity for water and sewer service serving the project
is on line.
Section 918.05 Water and Wastewater Requirements for New
Development
All new developments in Indian River County must connect to
regional sanitary sewer and potable water facilities, unless the
connection matrix and this chapter provide for an alternate method
of utility service. The following connection criteria shall apply
to the various developments:
(1) General Provisions
The following general connection provisions will be applied
to all new development:
(a) Distance Determination
Distance determinations for the purpose of this chapter
are made from the nearest point of the project site to
the public facility directly through public easements or
public rights-of-way.
(b) A11 developments which do not connect to a regional
system must construct a wet line (in the case of package
treatment plants), pumps and lift stations, or a dry
line, as required by the Utilities Department at the
time of construction.
(c) A11 applications for septic tanks and package treatment
plants must demonstrate compliance with applicable
federal, state and local requirements. All applicable
federal, state, and local permits must be obtained.
(d) All wet lines and package treatment plants must be
dedicated to the County. This shall not include on-
site aerobic treatment units.
412
(e) All provisions of Section 918.05 will apply to potable
water wells and on-site public water plants as well as
septic tanks and package treatment plants.
(f) The final determination for the type of commercial,
institutional, and industrial establishments which can
obtain permits for treatment plants or septic tanks will
be made by the Utilities Department Director and
Community Development Department Director and
Environmental Health Director.
(g) The Utilities Department shall update the existing
wastewater service area and potable water service area
boundaries annually.
(h) Existing developments within the 2010 Urban Service Area
which do not have access to the existing county system
and have a DER permit, may expand if the DER and County
Utilities Department issue permits for expansion, and if
the developer or property owners association signs an
agreement to connect to the regional system when it is
available.
(i) The Utilities Department, Environmental Health
Department, and the Community Development Department
will enforce connection requirements to the regional
system for both residential and non-residential
developments.
(j) The Utilities Department, Environmental Health
Department, and Community Development Department will
enforce connection requirements for single family units
to the regional system. Permits for single family units
not connecting to a regional system shall indicate that
they must connect to the county system when it is
available within 200 feet of the property line.
(k) The appropriate type and size of package treatment
plants will be determined by the Utilities Department
and/or the Environmental Health Department.
(1) Any development must meet the above general provisions,
Florida Administrative Code 10-D-6 requirements, and
County Environmental Health Requirements to qualify for
any of the specific exceptions listed below.
(2) Connection Criteria for Single Family Residential Dwelling
Units
No building permit for a new single-family residential unit
within two hundred (200) feet of the regional system shall be
issued unless the unit connects to the regional system.
413
(a) Single family residential dwelling units located more
than two hundred (200) feet from a collection line of
the Indian River County sanitary sewer system may
utilize an on-site septic system if any of the following
conditions are met.
1. The single-family residential unit is in an area
having a density of two (2) units per acre or less.
2. The single-family residential unit will utilize
public water and is in an area with a density of
four units per acre or less.
3. Undersized lots in existing subdivisions not
meeting the requirements of subsections 1 and 2
above may utilize an on-site septic system if the
single- family unit satisfies the requirements of
the Public Health Unit, Division of Environmental
Health.
4. The single-family residential unit is in the
agricultural (1 unit/5 acres, 1 unit/10 acres, and
1 unit/20 acres) or rural (1 unit/acre) area of the
county, as designated by the land use map of the
comprehensive plan.
(3) Connection Criteria for Subdivisions
No new preliminary plat for a subdivision within 1/4 mile of
the regional system shall be approved unless the subdivision
connects to the regional system. Subdivisions meeting the
criteria of subsections (a) or (b) below may be approved
without connection to regional system.
(a) The following subdivisions located within the Urban
Service Area and outside of 1/4 mile of the system can
utilize septic tanks and private wells:
1. Subdivisions with twenty five (25) or fewer lots,
with a density of less than 2 units/acre or less
than 4 units per acre if public water is provided.
Notwithstanding this provision, no subdivision
shall be approved without connecting to a regional
system if the proposed subdivision is located
within the 2010 Urban Service Area, if the tract
proposed for subdivision was part of a tract which
existed after February 13, 1990, and the total
number of lots existing on that parent tract would
exceed twenty five (25) with the approval of the
subject subdivision.
414
(b) The following subdivisions located within the Urban
Service Area and outside of 1/4 mile from the system can
utilize package treatment plants:
1. Subdivisions with more than twenty five (25) lots.
2. Subdivisions with twenty five (25) or fewer lots
with a lot size of less than 1/2 acre.
(4) Connection Criteria for Planned Residential Development and
Multifamily Projects
No new site plan for a planned residential development or for
a multiple family project shall be approved unless the
development connects to a regional system, unless otherwise
provided in subsections (a), (b) or (c) below.
(a) Planned residential developments and multi -family
projects with a density of 2 units/acre or less, and
having twenty five (25) units or less can utilize septic
tanks if they are within the 2010 Urban Service Area and
they are not within 1/4 mile of the regional system, and
they install dry lines.
(b) Planned residential developments and multi -family
projects, with a density of 4 units/acre or less and
connected to an approved county public water system, and
having twenty five (25) units or less can utilize septic
tanks if they are within the 2010 Urban Service Area and
they are not within 1/4 mile of the regional system, and
they install dry lines.
(c) Planned residential developments and multi -family
projects can utilize package treatment plants if they
are within the 2010 Urban Service Area and are not
within 1/4 mile of the regional system, and the package
treatment plant is dedicated to Indian River County and
turned over to Indian River County for operation.
(5) Connection Criteria for Commercial and Institutional
Establishments
No new site plan for any commercial or institutional
establishment within 1/4 mile of the regional system shall be
approved unless connected to the regional system, except as
provided in subsections (a) or (b) below.
(a) The following commercial and institutional
establishments within 2010 Urban Service Area and
outside of 1/4 mile of system can utilize septic tanks.
1. Commercial and institutional establishment with
five thousand (5000) square feet or less of gross
floor area generating only domestic waste.
415
(b) The following commercial and institutional
establishments within the 2010 Urban Service Area and
outside of 1/4 mile of system can utilize package
treatment plants.
1. Commercial and institutional establishments with
five thousand (5000) square feet or less of gross
floor area generating non-domestic waste if
approved by the Environmental Health Department
Director.
2. Commercial and institutional establishment with
more than five thousand (5000) square feet of gross
floor area generating only domestic waste, or
satisfying the requirements of Section
918.05(1)(f).
(6) Connection Criteria for Industrial Establishments
No new site plan for an industrial establishment shall be
approved unless the establishment connects to the regional
system, or as is otherwise provided below.
(a) The following industrial establishments within the 2010
Urban Service Area and outside of 1/4 mile of system can
utilize septic tanks.
1. Industrial establishments with five thousand (5000)
square feet or less of gross floor area generating
only domestic waste as determined by the
Environmental Health Department Director.
(b) The following industrial establishments within the 2010
Urban Service Area and outside of a 1/4 mile of a system
can utilize package treatment plants.
1. Industrial establishment with more than five
thousand (5000) square feet of gross floor area
generating only domestic waste, or satisfy the
requirements of Section 918.05(1)(f).
u\v\ldr\sanpot
416
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925.01
925.02
925.03
925.04
925.05
925.06
925.07
925.08
925.09
Chapter 925
Burning/Air Curtain Incinerator Regulations
Short Title and Purpose
Definitions Referenced
Exemptions
Open Burning Prohibited;
Permit Requirements
Permit Application Fees
Adoption of State Standards
this Chapter
Additional Setbacks and Restrictions on Use of Air
Curtain Incinerators
Authority of the Division of Forestry or the Local
Fire Authority Not Diminished
Enforcement and Penalties
Air Curtain Incinerator
Not in Conflict with
Sec. 925.01 Short Title and Purpose.
This chapter shall be known and may be cited as the
Indian River County Open Burning and Air Curtain
Incinerator Regulation Ordinance.
The Indian River County Board of County Commissioners
finds that it is in the best interest of public health
and safety and the environment to prohibit the open
burning of material discarded incidental to land clearing
or construction practices. It is the purpose of this
chapter to regulate open burning, and require the use of
air curtain incinerators to:
(a) promote the efficient burning of land clearing
debris, thus substantially reducing air
pollution and the nuisance of open burning in
urbanized areas;
(b) minimize the hazard and pollution of land
clearing debris disposal, recognizing the
benefits of allowing limited controlled
burning to reduce the volume of landfill
material in the county; and
(c) implement the policies of the Indian River County
Comprehensive Plan relating to air pollution and
solid waste reduction.
417
Sec. 925.02 Definitions Referenced.
The definitions of certain terms used in this chapter are set forth
in Chapter 901, Definitions, of the Indian River County Land
Development Code.
Sec. 925.03 Exemptions.
The following activities are exempt from the provisions of this
chapter:
(1) Burning activities incidental to agricultural operations
as set forth in Section 8 of Chapter 85-427, Special
Acts, Laws of Florida;
(2) Burning activities associated with the use of above
ground refractory air curtain incinerators permitted by
the Florida Department of Environmental Regulation (FDER)
and operated by governmental entities; and
(3) Open burning activities to reduce yard trash and
household paper products generated on occupied
residential premises of not more than two family dwelling
units, subject to setbacks, time frames, and other
conditions and restrictions as set forth in Chapter 17-
5, Florida Administrative Code, as may be amended, and
as administered by the State Division of Forestry (DOF).
Sec. 925.04 Open Burning Prohibited; Air Curtain Incinerator
Permit Requirements.
Except as exempt in Section 925.03, it shall be unlawful to burn
or allow the open burning of materials discarded incidental to land
clearing or construction activities, provided, however, that
nothing in this chapter prohibits burning in an approved type of
air curtain incinerator meeting specifications of Chapter 17-256,
Florida Administrative Code, upon issuance of and in compliance
with a permit to use an air curtain incinerator obtained from the
Indian River County Public Health Department. The Indian River
County Public Health Department shall issue a permit to use an air
curtain incinerator upon finding that all requirements of this
chapter, and other applicable laws, and rules have been met. A
permit to use an air curtain incinerator may be applied for on
forms provided by the Indian River County Public Health Department.
Any permit to use an air curtain incinerator shall contain the
following conditions:
(1) Use of the air curtain incinerator shall be initiated
only after initial start-up approval has been given by
the Indian River County Public Health Department and a
site review has been conducted by the local fire
authority. Such approval shall be granted after
inspection reveals that the air curtain incinerator has
been properly located and installed in accordance with
418
laws, the material to be burned has been properly dried, and
daily conditions are not unfavorable to burning according to
the Division of Forestry and local fire authority. The
permittee shall request an inspection at least 72 hours before
he commences initial operation of the air curtain incinerator.
(2) Each day that a permittee wishes to use an air curtain
incinerator, the permittee shall telephone the Indian
River County Public Health Department prior to that day's
start-up of the air curtain incinerator and advise that
Department of the permittee's permit number and intent
to use an air curtain incinerator.
(3)
Use of the air curtain incinerator shall be discontinued
at any time that the permittee has been advised that the
Division of Forestry or local fire authority has
determined that weather conditions are unfavorable for
safe burning. The permittee may be so advised at the time
the permittee calls the Indian River County Public Health
Department.
(4) Additional conditions consistent with recommendations of
the Division of Forestry or local fire authority or
necessary for compliance with this ordinance or
applicable laws or rules may be included in any permit
to use an air curtain incinerator.
(5) Except for sanitary landfills which are permitted and
approved in accordance with Chapter 403, Florida
Statutes, and Chapter 17-701, Florida Administrative
Code, the disposal, discharge, deposit, injection,
dumping or placing of land clearing debris, or any solid
waste into or upon any land or water including
groundwater is prohibited. The method of disposal for
"clean debris" as defined in Chapter 17-701.20 Florida
Administrative Code, shall be approved by the Indian
River County Public Health Department.
Sec. 925.05 Permit Application Fees.
The Indian River County Public Health Department may establish a
permit application fee schedule and charge fees for the submittal
of applications for use of an air curtain incinerator. Such fee
schedule shall be subject to approval of the Board of County
Commissioners; fees collected shall be used to defray costs
incurred by the Health Department and the local fire authority in
administering this chapter.
Sec. 925.06 Adoption of State
this Chapter.
Except to the extent that they
chapter, all laws and rules of
Standards not in Conflict with
specifically conflict with this
the State relative to burning,
419
including but not limited to Chapter 17-256, Florida Administrative
Code as may be amended, are hereby adopted by reference.
Sec. 925.07 Additional Setbacks and Restrictions on use of Air
Curtain Incinerators.
(1) In addition to the requirements for the use of air
curtain incinerator contained in Chapter 17-256, Florida
Administrative Code and other provisions contained or
adopted by reference herein, air curtain incinerators
shall be set back one thousand (1000) feet or more from
any occupied building.
(2) In addition to the requirements contained in Chapter
17-256, Florida Administrative Code, and other laws and
rules adopted by reference herein, the use of air curtain
incinerators shall be restricted to week days, that is
Monday, Tuesday, Wednesday, Thursday, and Friday. No air
curtain incinerator shall be used on a Saturday or
Sunday.
Sec. 925.08 Authority of the Division of Forestry or the Local
Fire Authority Not Diminished.
Nothing in this chapter shall diminish the current authority of
the Division of Forestry or the local jurisdictional authority to
order that burning be ceased based on a health nuisance and/or fire
safety hazard.
Sec. 925.09 Enforcement and Penalties.
This chapter may be enforced by the Indian River County Public
Health Department and Indian River County Environmental Control
Officer in the manner set out in Chapter 85-427, Special Acts, Laws
or Florida, or may be enforced as any County ordinance, including
but not limited to enforcement by the Board of County Commissioners
seeking injunctive relief. For purposes of enforcement of this
Ordinance, each tree burned unlawfully shall constitute a separate
violation of this Ordinance. Collected fines shall be used in part
or in whole to defray costs incurred by the Health Department and
local fire authority in enforcing this ordinance, as applicable.
u\r\ord\air
420
Chapter 926
Landscape and Buffer Regulations
Sec. 926.01 Short Title
Sec. 926.02 Purpose and Intent
Sec. 926.03 Applicability
Sec. 926.04 Definitions Referenced
Sec. 926.05 General Requirements
Sec. 926.06 Landscape Materials Standards
Sec. 926.07 Landscape Point System and Tree Preservation Credits
Sec. 926.08 Perimeter Buffer Standards
Sec. 926.09 Vehicular Use Area Landscape Standards
Sec. 926.10 Nonvehicular Area Landscape Standards
Sec. 926.11 Irrigation Standards
Sec. 926.12 Installation and Maintenance Standards
Sec. 926.13 Upland Habitat Protection Regulations Referenced
Sec. 926.14 Tree Protection Regulations Referenced
Sec. 926.01 Short Title.
This chapter shall be known and may be cited as the Indian River
County Landscape and Buffer Ordinance.
Sec. 926.02 Purpose and Intent.
It is the purpose and intent of this chapter to improve the
appearance of certain setback and yard areas, including off-street
vehicular parking and nonvehicular open space areas, in Indian
River County; to protect and preserve the appearance, character and
value of the surrounding neighborhoods, and thereby promote the
general welfare, by providing for installation and maintenance of
landscaping for screening and elimination of visual pollution,
since the Board of County Commissioners finds that the unique
characteristics and qualities of Indian River County justify
regulations to perpetuate the appeal of its natural visual
pollution -free environment.
Moreover, landscape vegetation benefits the environment and living
conditions by contributing to the production of oxygen, transfer
of water, precipitation of airborne pollutants, and conversion of
carbon dioxide, in addition to the provision of cooling shade, and
reduction of noise.
It is further the purpose and intent of this chapter to promote
water conservation through the use of efficient low-volume
irrigation systems, the incorporation of existing native vegetation
into landscape designs, and the use of drought -tolerant plant
materials.
421
Sec. 926.03 Applicability.
The provisions of this chapter shall apply to the development and
maintenance of property in the unincorporated area of Indian River
County which is subject to the provisions of Chapter 914, Site Plan
Regulations; Chapter 915, Planned Development; and Chapter 913,
Subdivisions and Plats, of the County Land Development Code.
Sec. 926.04 Definitions Referenced.
The definitions
in Chapter 901,
Sec. 926.05
of certain terms used in this chapter are set forth
Definitions, of the County Land Development Code.
General Requirements.
(1) Unlawful activity. It shall be unlawful for any person
to establish, remove or alter landscape contrary to the
provisions of this chapter. The lack of maintenance of
landscape installed pursuant to a county approved
landscape plan shall also be a violation subject to
penalties provide by law.
No construction requiring site plan review shall be under
taken in Indian River County until a landscape plan has
been approved by the planning and zoning commission. The
planning and zoning commission will not approve any
landscape plan unless it conforms to the requirements of
this chapter.
When the redevelopment, reconstruction, upgrading,
expansion or change in use of a previously developed site
is such that site plan review is required by county
regulations, then this chapter shall be applied to such
site as if it were previously undeveloped.
(2) Landscape plan required. A landscape plan showing
proposed landscape design shall be submitted for review
and approval by the County. Such plan shall be required
for all applicable development as referenced in Section
926.03. Landscape plans shall include and indicate the
following:
Location, type and size of all existing trees
to be preserved or removed pursuant to Chapter
927, Tree Protection;
Location of all structures, freestanding
signs, parking areas, drives, vehicular use
areas and other improvements to remain or
proposed for installation on the property;
422
(c) Location of overhead powerlines and adjacent
right-of-ways;
(d) Location and description of existing native
plant communities to remain undisturbed, as
applicable;
(e) Location, type, size, and quantity of all
proposed landscape materials;
(f) Plant list including quantity of all proposed
landscape materials;
(g) General notes including mulching requirements,
fertilization and installation details, and
such other information as needed;
(h) Planting details as needed;
(i) Dimensions of the property; and
(j) Tabulations which clearly show relevant
statistical information necessary to evaluate
compliance with provisions of this chapter.
This shall include, but not be limited to,
required buffers, vehicular use
landscaping/screening, non -vehicular
landscaping, an such other information as
needed.
(3) Irrigation plan required. In conjunction with a landscape
plan, an irrigation plan shall be required. Such plan
shall indicate use of a low-volume irrigation system
designed specifically for the proposed landscape
installation, delineate planting zones if proposed, and
clearly illustrate compliance with Section 926.11 of this
chapter.
(4) Certificate of occupancy. No final certificate of
occupancy shall be given or issued to the owner or his
agent until all conditions of this chapter have been met
and the code enforcement official has given an approval.
However, temporary power may be issued in those
instances where all improvements on a site except
landscaping have been completed, where power is required
for the irrigation system, and where the developer of the
project certifies in writing that the required
landscaping for the project will be installed as depicted
on the plan and provides a timetable for installation of
the landscaping. Failure to fulfill the proposed
timetable shall be grounds for immediate and summary
revocation of the temporary power allowance.
423
Sec. 926.06 Landscape Materials Standards.
(1) Quality. Plant materials used in conformance with the
provisions of this chapter shall conform to the Standards
for Florida No. 1 or better, as given in the most current
edition of "Grades and Standards for Nursery Plants" Part
I and Part II, State of Florida, Department of
Agriculture, Tallahassee, or equal thereto. Grass sod
shall be clean and free of weeds and noxious pests or
diseases. Grass seeds shall be delivered to the job site
in bags with Florida Department of Agriculture tags
attached, indicating the seed grower's compliance with
the department's quality control program. Plant materials
which are known to be intolerant of paving environments,
or whose physical characteristics may be injurious to the
public, shall not be specified for use.
(2) Drought tolerance requirements. A minimum of fifty
percent (50%) of total cumulative landscape plant
material used to meet the provisions of this chapter
shall be "moderately" or "very" drought tolerant, as
classified and listed in the most recent edition of the
"South Florida Water Management District Xeriscape Plant
Guide" or a comparable publication. Existing native plant
species preserved on site may be considered as credit
toward the drought tolerance percentage requirement.
(3) Trees.
(a)
Trees shall be species having an average
mature spread of crown of greater than fifteen
(15) feet (under local climatic conditions)
and eventually having a trunk(s) with over
five (5) feet of clear wood. "Clear wood"
refers to that portion of the trunk between
the ground and the lowest lateral limbs.
(b) Trees having an average mature spread of crown
less than fifteen (15) feet may be substituted
by grouping the same so as to create the
equivalent of a fifteen (15) foot crown
spread.
(c) Palms shall be considered trees and, if used,
they shall consist of no more than fifty (50)
per cent of the total new tree requirement
when said palms are existing on the site or
are relocated on the same site.
(d) Tree species shall be a minimum of ten (10)
feet overall in height and two (2) inch
caliper at the time of planting.
424
(e) The number of different species of trees,
other than palms, shall be as follows:
Table 1
Required Number Minimum Number
of Trees of Species
2-10 2
11-20 3
21-30 4
31-40 5
41 -Over 6
(f)
(g)
For sites or parcels located on the barrier
island, the minimum number of species required
herein shall not exceed three (3),
notwithstanding that the required number of
trees may exceed thirty (30). Such trees shall
be species both indigenous to, and tolerant
of, barrier island conditions.
At least fifty (50) per cent of all new
required trees shall be of a native species.
Trees of a species whose roots are known to
cause damage to public works or easements
shall not be planted close than twelve (12)
feet to such public works, unless the tree
root system is completely contained within a
barrier for which the minimum interior
containing dimensions shall be (5) feet square
and five (5) feet deep, and for which the
construction requirements shall be four (4)
inch thick concrete reinforced with No. 6 road
mesh (6 x 6 x 6) or equivalent.
(h) The following species will not be used to
fulfill the requirements of this article:
Australian pine - (Casuarina spp.)
Brazilian pepper - (Schinus terebinthifolius)
Melaleuca - (Melaleuca quinquenervia)
Chinaberry - (Melia azedarch)
(i) Credits for the use of newly planted trees
larger than the minimum size will be as
indicated in Table 2. Fractional measurements
shall be attributed to the next lowest
category. These credits shall not apply to
trees pre-existing or relocated on site.
425
Table 2
Crown Spread and Height of Tree = No. of Tree
At Time of Planting At Time of Planting Credits
14 or more feet and 25 feet and above =
10-16 feet and 17-24 feet
6-12 feet and 14-16 feet =
4
3
2
(4) Shrubs and hedges. Shrubs shall be a minimum of eighteen
(18) inches in height when measured immediately after
planting. Hedges, where required, shall be planted and
maintained so as to form a continuous, unbroken, solid
screen within a maximum of two (2) years after time of
planting.
(5)
Vines. Vines shall be a minimum of eighteen (18) inches
in height directly after planting and may be used in
conjunction with fences, screens or walls to meet
physical barrier requirements as specified.
(6) Ground covers. Ground covers (not including sod grass)
shall be planted in such a manner as to present a
finished appearance and reasonably complete coverage
within one (1) year after planting.
(7) Grass. Grass areas may be sodded, plugged, sprigged or
seeded, except that solid sod shall be used in swales or
other areas subject to erosion. Seed, where used, shall
be of a variety that will produce coverage within ninety
(90) days from sowing; where other than solid sod, grass
seed or grass sprigging is used, nurse grass seed shall
be sown for immediate effect and protection until
coverage is otherwise achieved. When necessary, a
reseeding program shall be implemented to produce
complete coverage within one (1) year.
Sec. 926.07 Landscape Point System and Tree
Preservation Credits.
(1) Landscape point system. Notwithstanding the
other provisions of this chapter, each
landscape plan must satisfy a minimum of 30
points from the following list of options:
426
Design Options Points
(a) Irrigation system
1. Moisture sensing controller 5
2. Plan submitted with low,
moderate and high water
usage zones indicated
5
(b) Shrubs
1. 25%-50% of total quantity of 5
plants rated "very drought
tolerant"
2. 51%-100% of total quantity of 10
plants rated "very drought
tolerant"
(c) Trees
1. 25%-50% of the total quantity 5
of trees rated "very drought
tolerant"
2. 51%-100% of the total quantity 10
of trees rated "very drought
tolerant"
(d) Extra shade/canopy trees in
vehicular use areas
1. 20% more than required 5
2. 40% more than required 10
(e) Sod/grass areas
1. Sod/grass area less than 60% 5
of landscape area
(f) Florida native landscape
1. 100% of landscape area is
preserved or re-established
Florida native vegetation.
Plan must include trees,
understory, and groundcover
with a maximum of 50% of site
sodded/grassed.
427
30
2. 75%-99% of landscape area 15
is preserved or re-
established Florida native
vegetation. Plan must
include trees, understory,
and groundcover with a
maximum of 50% of site
sodded/grassed.
(2) Tree preservation credits.
(a) Existing trees may be credited towards the
minimum tree planting requirements of this
chapter according to the following table.
Fractional measurements shall be attributed to
the next lowest category.
Table 3
Calculation of Tree Preservation Credits
Existing Crown Spread or Diameter of Tree at = Number of
Of Preserved Trees
4.5 Feet Above Ground - Tree credits
40 feet or more
30 to 39 feet
20 to 29 feet
10 to 19 feet
less than 10 feet
or 20 inches or more
or 13 to 19 inches
or 8 to 12 inches
or 2 to 7 inches
or less than 2 inches
4
3
2
1
0
(b)
Trees excluded from preservation credit: no
credit shall be given for preserved trees
which are:
1. Not located within the area of the
property (e.g., buffer area, parking
lot) for which trees are required by
this chapter;
2. Required to be preserved by law,
such as mangroves;
3. Not properly protected from damage
during the construction process, as
provided for in chapter 927, Tree
Protection;
4. Prohibited or controlled species
identified in Section 926.06(3)(d);
428
5. Dead, dying, diseased, or infested
with harmful insects; or
6. Located in recreation tracts, golf
courses or similar subareas within
developments which are not intended
for residential, commercial, or
industrial use.
Sec. 926.08 Perimeter Buffer Standards.
(1) A perimeter buffer is a landscaped strip along parcel
boundaries that serves as a buffer between incompatible
uses and zoning districts, as an attractive boundary of
the parcel or use, or as both a buffer and attractive
boundary. Existing native vegetation and upland native
plant communities as described in Chapter 929, Upland
Habitat Protection, may be utilized to meet buffer
requirements.
(2) The width and degree of vegetation required depends on
the nature of the adjoining thoroughfares and uses.
Chapter 915, Planned Development, and Chapter 911,
Zoning, of the County Land Development Code, set forth
buffer type requirements for adjacent properties, based
on land use and zoning districts.
(3) Buffer types. There are four (4) buffer types to be
utilized in Indian River County. They are, in order of
intensity, as follows:
Type A buffer
Type B buffer
Type C buffer
Type D buffer
The standards for the buffer categories are set forth in the
illustrations herein that specify the number of plants required
per one hundred (100) linear feet. To determine the total number
of plants required, the linear footage of each side of the
property requiring a buffer shall be divided by one hundred (100)
and multiplied by the number of plants shown in the illustration.
The plants shall be spread in a reasonably even manner along the
length of the buffer. Buffer opaque feature options are also
illustrated herein and are further defined in Chapter 901,
Definitions, of the County Land Development Code.
Sec. 926.09 Vehicular Use Area Landscape Standards.
(1) Required landscaping adjacent to public rights-of-way.
On the site of a building or open lot providing an off-
street parking area, where such area will not be entirely
screened visually by an intervening building or structure
from any abutting right-of-way, excluding dedicated
429
60'
40'
Plant Material / 100'
Canopy
100'
Understory 0 -Shrubs
1
6.0 -Canopy
3.0 -Understory
22.0 -Shrubs
8.0 -Canopy
4.0 -Understory
24.0 -Shrubs
10.0 -Canopy
5.0 - Understory
26.0 - Shrubs
12.0 -Canopy
6.0 - Understory
30.0 - Shrubs
Type A Buffer
429.1
35,
1
Plant Material / 100'
Canopy
111
100'
Understory 0 -Shrubs
1
301
1
25
oe
•refir
•
4.8 -Canopy
2.4- Understory
19.0 -Shrubs
5.4 -Canopy
2.7- Understory
22.0- Shrubs
6.0 -Canopy
3.0 - Understory
24.0 - Shrubs
6.6- Canopy
3.3 - Understory
28.0 - Shrubs
Type B Buffer
429.2
Plant Material / 100'
Canopy
Understory 0- Shrubs
20'
15'
10'
da 0 or
aa_
ba1
o 4
3.5 -Canopy
1.4 -Understory
14.0 -Shrubs
4.0 -Canopy
1.6 -Understory
16.0 -Shrubs
4.5 -Canopy
1.8 - Understory
18.0 -Shrubs
5.0 - Canopy
2.0 - Understory
20.0 - Shrubs
Type C Buffer
429.3
20'
15'
Plant Material / 100'
Canopy
r
100'
Understory 0 -Shrubs
1111010"
2.0 -Canopy
1.0 -Understory
8.0 -Shrubs
2.5 -Canopy
1.5 -Understory
10.0 -Shrubs
3.0 - Canopy
2.0 - Understory
12.0 - Shrubs
Type D Buffer
429.4
BUFFER
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Vegetation only
Combination: vegetation and
berm, fence or wall
3'
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429.5
alleys, there shall be provided landscaping between such
area and such right-of-way as follows:
(a) A strip of land at least ten (10) feet in
depth located between the abutting right-of-
way and the off-street parking area which is
exposed to an abutting right-of-way shall be
landscaped, such landscaping to include one
(1) tree for each thirty (30) lineal feet or
fraction thereof.
(b) Such trees shall be located between the
abutting right-of-way and off-street parking
area, and shall be planted in a planting area
of at least one hundred (100) square feet, with
minimum dimensions being at least ten (10)
feet.
(c) In addition, a hedge, wall, fence or other
durable landscape barrier of at least two (2)
feet in height shall be maintained along the
perimeter of such landscaped strip.
(d) If such durable barrier is of nonliving
material, at each ten (10) feet thereof, one
shrub or vine shall be planted abutting such
barrier, but need not be spaced ten (10) feet
apart.
(e) Such shrubs or vines shall be planted along
the street side of such barrier unless they
are of sufficient height at the time of
planting to be readily visible over the top of
such barrier.
(f)
(g)
The remainder of the required landscaped areas
shall be landscaped with grass, ground cover
or other landscape treatment, excluding
paving.
All nonvehicular open space other than the
required landscaped strip lying between the
right-of-way and off-street parking area shall
be landscaped as provided in Section 926.10 of
this chapter.
(h) Necessary access ways from the public right-
of-way through all such landscaping areas
shall be permitted to service the parking, and
such access ways may be subtracted from the
lineal dimension used to determine the number
of trees required.
430
(2) Perimeter landscaping relating to abutting properties;
exemption.
(a) On the site of a building or structure or open
lot use providing an off-street parking area;
where such areas will not be entirely screened
visually by any intervening building or
structure from abutting property, that portion
of such area not so screened shall be provided
with a hedge or other durable landscape
barrier maintained at not greater than six (6)
feet in height nor less than three (3) feet in
height to form a continuous screen between the
off-street parking area and such abutting
property.
(b) Such landscaped barrier shall be located
between the common lot line and the off-
street parking area, and shall be planted in
a planting strip no less than four (4) feet in
width.
(c) In addition, one (1) tree shall be provided
for each forty (40) lineal feet of such
landscape barrier or fractional part thereof.
(d) Such trees shall be located between the common lot
line and the off-street parking area.
(e) Each such tree shall be planted in at least
one -hundred (100) square feet of planting area
with a minimum dimension of at least ten (10)
feet.
(f)
(g)
Each such planting area shall be landscaped
with grass, ground cover or other landscape
material, excluding paving, in addition to the
required tree.
The provisions of Subsection 926.09(2)(a)
shall not be applicable in the following
situations:
1. When a property line abuts a dedicated
alley, or those portions of the property
that are opposite a building or other
structure located on the abutting
property.
2. Where the subject property and
abutting property are zoned or used
for nonresidential uses, only the
tree provision with its planting
area as prescribed in this
subsection shall be required.
431
(3)
Parking area interior landscaping.
(a) For off-street parking, areas equal to at
least ten (10) per cent of the total paved
area shall be provided with interior
landscaping.
(b) Each separate landscaped area shall contain a
minimum of one hundred (100) square feet and
shall have a minimum dimension of at least ten
(10) feet and shall include at least one (1)
tree having a clear trunk of at least five (5)
feet, with the remaining area adequately
landscaped with shrubs, ground cover or other
authorized landscaping material not to exceed
three (3) feet in height.
(c) The total number of trees shall not be less
than one (1) for each three hundred (300)
square feet of fraction thereof of required
interior landscaped area. Such landscaped
areas shall be located in such a manner as to
divide and break up the expanse of paving.
(d) When, upon the request of the developer and in
the opinion of the community development
director, the placing of all required interior
trees would create an impractical landscape
effect, a portion of the required interior
trees may be placed along the perimeter of the
parking area to satisfy this requirement.
(e) The area to be counted for interior
landscaping requirements shall be graphically
depicted on landscape plans by cross -hatching
or other graphic means.
(4) Encroachment. Landscape areas shall require protection
from vehicular encroachment. Tire stops shall be placed
at least three (3) feet from the edge of such landscaped
areas. Where a tire stop or curb is utilized, the paved
area between the curb/tire stop and the end of the
parking space may be omitted, provided it is landscaped
in addition to the required landscaping provided. Tire
stops shall be located so as to prevent damage to any
planting areas by automobiles.
(5)
Site distance for landscaping adjacent to roadways and points
of access.
(a) All landscape plans submitted hereunder shall
meet the minimum sight distance requirements
established herein, as viewed from the
432
perspective of the driver of a vehicle leaving
the project premises to access the abutting
public or private roadway.
(b) Crossing maneuver. The sight distance required
for the safe execution of a crossing maneuver
is dependent upon the acceleration
capabilities of the vehicle, the crossing
distance, and the design speed of the street
or highway to be crossed. The minimum required
sight distance in both directions, measured
from the centerline of the roadway being
entered to the initial position of the vehicle
before the crossing (as shown on Figure #1)
for various classes of vehicles shall be as
stated in Tables 4 and 5, which follow. Table
4 or 5 shall be applied, as the case may be,
depending upon whether a given vehicle class
constitutes five (5) per cent or more of the
total crossing traffic, or if that class
experiences thirty (30) or more crossings per
day. A developer shall provide sufficient
information on the nature of vehicles using
the project to substantiate which class of
vehicle table is being incorporated into the
landscaping plan.
(c) Assumptions. The vehicle offset shall be
assumed to be at least ten (10) feet from the
nearest pavement edge. The setback required
for site distance shall be at least five (5)
feet greater than the vehicle offset, as
reflected in Figure #1.
(d) All landscaping shall be installed and
maintained in a manner which provides
unobstructed visibility within the sight
distance area calculated hereunder, at a level
between two and one-half (2 1/2) feet and ten
(10) feet above grade; provided, however,
trees or palms having limbs or foliage trimmed
in such a manner that no limbs or foliage
extend into the visibility area shall be
allowed, provided they are so located as not
to create a traffic hazard. Other landscaping,
except required grass or ground cover, shall
not be located closer than three (3) feet from
the edge of any access way pavement.
(e) Left -turn crossings. Sight distance for left -
turn crossings shall be measured in the same
manner as provided for crossing maneuvers. On
median -separated roadways, sight distance to
the left may be based upon the sight distance
required for a two-lane road.
433
433.1
Sight Distance
Sight Distance
LANDSCAPING
TABLE 4
DESIGN VEHICLES: PASSENGER CAR, SINGLE UNIT
TRUCK, SINGLE UNIT BUS
Sight Distance
Speed Two Lane Four Lane
(mph)
30 or less 375 650
35 425 575
40 500 650
45 550 700
50 600 750
55 675 900
TABLE 5
DESIGN VEHICLE: SEMI -TRAILER COMBINATION
INTERMEDIATE, AND LARGE
Sight Distance
Speed Two Lane Four Lane
30 or less 550 650
35 640 750
40 725 850
45 800 950
50 900 1050
55 975 1200
Sec. 926.10 Nonvehicular Area Landscaping
Standards.
(1) General landscaping treatment. All nonvehicular open
spaces on any site proposed for development in all zoning
districts, except for single-family dwellings, shall
conform to the minimum landscaping requirements herein
provided.
Grass, ground cover, shrubs, native plant areas and other
landscaping materials shall be used to treat all ground
not covered by building, paving or other structures.
434
(2) Trees required. Trees shall be planted in the
nonvehicular open space to meet the following
requirements:
(3)
(a) Multiple -family residential zoning districts
and mobile home residential zoning districts
requiring site plan approval: a minimum of one
(1) tree per each two thousand (2,000) square
feet of nonvehicular open space or fraction
thereof;
(b) Commercial zoning districts (except "Heavy
Commercial") and medical districts: a minimum
of one (1) tree per each three thousand
(3,000) square feet of nonvehicular open space
or fraction thereof;
(c) Heavy commercial, and industrial zoning
districts: a minimum of one (1) tree per each
four thousand hundred (4,000) square feet of
nonvehicular open space or fraction thereof.
Nonvehicular open space between structures and rights-
of-way. Nonvehicular open space between buildings, walls
or fences and rights-of-way shall be landscaped in
accordance with the following standards:
(a) A strip of land at least ten (10) feet in
depth located between the abutting right-of-
way and the building, wall, or fence shall be
landscaped, such landscaping to include a
minimum of one (1) tree for each thirty (30)
lineal feet or fraction thereof, and one (1)
shrub for each ten (10) lineal feet or
fraction thereof, relating to the amount of
building, wall, or fence lineal footage
parallel to the right-of-way.
(b) Such trees and shrubs shall be planted in
clusters, and shall be planted in planting
areas of at least one hundred (100) square
feet, with minimum dimensions being at least
ten (10) feet.
(c) The remainder of the nonvehicular open space
shall be landscaped with grass, ground cover
or other landscape treatment, excluding
paving.
(d) Necessary access ways from the public right-
of-way through such landscaping areas shall be
permitted to service parking, and such access
ways may be subtracted from the lineal
435
dimension used to determine the number of
trees and shrubs required.
Sec. 926.11 Irrigation Standards.
(1) Required irrigation. Underground irrigation systems shall
be required for all development subject to the provisions
of this chapter. New construction which does not require
any supplemental landscaping or contain cultivated
landscape areas shall be exempt from this provision.
(2) Irrigation System Design.
(a) Landscape Demand.
1. Irrigation of existing and
undisturbed vegetation shall not be
required.
2. Irrigation of reestablished native
vegetative communities shall be
required for a minimum of one (1)
year after initial installation.
Once the landscape materials have
been firmly established, the
irrigation system may be abandoned.
3. Cultivated landscape areas shall be
watered with an underground
irrigation system designed to
provide one hundred (100) percent
coverage on a day when winds are no
more than five (5) miles an hour.
Cultivated landscape areas shall
include all areas not described in
paragraphs 1. and 2. above.
(b) Required System Features.
1. All landscape irrigation system
shall be low-volume irrigation
systems.
2. All underground irrigation systems
shall be regulated by an automatic
timer or controller.
3. The design of systems shall include
sprinkler heads and devices
appropriate for the landscape
material to be irrigated.
4. Low trajectory heads or low-volume
water distributing devices shall be
436
used to irrigate confined areas in
order to prevent overspray onto
impervious areas.
5. Whenever practical, irrigation
systems shall be designed to place
high water demand ares, such as
lawns, on separate zones from those
areas with reduced water
requirements.
6. Automatically controlled irrigation
systems shall be operated by an
irrigation controller that is
capable of irrigating high
requirement areas on a different
schedule from low water requirement
areas, provided that separate zones
exist as described in (5) above.
7. Irrigation systems shall be designed
so that, to the greatest extent
practical, water being applied to
impervious areas is eliminated.
8. When technically feasible, moisture
sensing devices shall be installed
to regulate the frequency of
controller operation.
(c) Effluent Reuse.
1. All new landscape irrigation systems
shall be required and all existing
irrigation systems shall be
encouraged to connect to wastewater
effluent lines when determined to be
available. The reuse of wastewater
effluent in such cases shall be
required.
2. A11 new landscape irrigation systems
shall be designed for ultimate
connection to proposed wastewater
effluent lines.
Sec. 926.12 Installation and Maintenance Standards.
(1) Installation. All landscaping shall be installed in a
sound workmanlike manner and according to accepted good
planting procedures, with the quality of plant materials
as hereinafter described. All elements of landscaping,
exclusive of plant material, shall be installed so as to
meet all other applicable ordinances and code
requirements. Landscaped areas shall require protection
from vehicular encroachment. A code enforcement official
437
shall inspect all landscaping, and no final certificates
of occupancy or similar authorization will be issued
unless the landscaping meets the requirements provided
herein.
(2) Maintenance. The owner, or his agent, shall maintain all
landscaping depicted on the approved plan in good
condition, so as to present a healthy, neat and orderly
appearance, free from refuse and debris, and in a manner
quantity and variety required by this article, for the
duration of use of the site. All landscaped areas shall
be provided with an adequate irrigation system, as
provided for in Section 926.11. Completed project sites
shall be reviewed periodically by code enforcement
officials for compliance with these provisions, and any
violations shall be presented to the code enforcement
board.
Native plant areas used for landscaping purposes may be
left in their natural condition, providing they are
maintained so as not to create a health or safety hazard.
These areas may also be excluded from the water supply
requirements, providing they are in a healthy condition
upon issuance of a final certificate of occupancy.
Sec. 926.13 Upland Habitat Protection Regulations Referenced.
Chapter 929, Upland Habitat Protection, of the County Land
Development Code sets forth criteria to conserve native upland
plant communities occurring on a development site. Such provisions
apply in addition to or overlap the requirements of this chapter,
as specifically provided for in Chapter 929.
Sec. 926.14 Tree Protection Regulations Referenced.
Chapter 927, Tree Protection, of the County Land Development Code
sets forth criteria regulating land clearing and tree removal
activities, in addition to the provisions of this chapter.
u\r\ord\926
438
Chapter 927
Tree Protection and Land Clearing
Sec. 927.01 Short Title
Sec. 927.02 Applicability
Sec. 927.03 Purpose and Intent
Sec. 927.04 Definitions Referenced
Sec. 927.05 General Prohibitions
Sec. 927.06 Exemptions
Sec. 927.07 Permits Available: Criteria Governing Issuance
Sec. 927.08 Additional Mangrove Protection
Sec. 927.09 Additional Dune and Shoreline Vegetation Protection
Sec. 927.10 Additional Upland Native Vegetation Protection
Sec. 927.11 Application Procedure and Fees
Sec. 927.12 Determination of Protected Area
Sec. 927.13 Local Permit not Exclusive
Sec. 927.14 Open Burning/Air Curtain Incinerator Regulations
Referenced
Sec. 927.15 Variances and Administrative Appeals
Sec. 927.16 Tree Protection as Justification For Variance Relief
From other Land Development Regulations
Sec. 927.17 Penalties and Enforcement
Sec. 927.01 Short Title.
This chapter shall be known and may be cited as the Indian River
County Tree Protection and Land Clearing Ordinance.
Sec. 927.02 Applicability.
This. chapter shall be applicable to all land lying in the
unincorporated area of Indian River County, Florida.
Sec. 927.03 Purpose and Intent.
The purpose of this chapter is to provide for the protection and
preservation of trees and vegetation within Indian River County in
order to minimize environmental degradation caused by unnecessary
or excessive destruction of trees and other valuable vegetation.
Sec. 927.04 Definitions Referenced.
The definitions of certain terms used in this chapter are set forth
in Chapter 901, Definitions, of the Indian River Land Development
Code.
439
Sec. 927.05 General Prohibitions.
Unless expressly exempted herein, it shall be unlawful and subject
to the penalties provided herein for any person directly or
indirectly by another on his behalf to:
Remove, relocate, destroy or damage any protected tree
(as defined in Chapter 901) on any site or tract without
first obtaining a tree removal permit or mangrove
alteration permit pursuant to this chapter;
Perform any land -clearing or grubbing unless a land -
clearing permit, if required, has been issued and is
posted on-site pursuant to this chapter;
Perform tree removal, land -clearing, grubbing, grading,
excavation, construction, or make or install any
improvement upon any site or tract, regardless of the
existence of valid permits or approvals for the given
activity, unless each protected tree to be preserved
pursuant to this chapter has been marked by a highly
visible band and unless all protected areas established
pursuant to this chapter have been surrounded by a
protective barrier;
(4) Encroach onto protected areas established pursuant to
this chapter by any of the following acts or omissions:
(a) Movement or storage of any vehicle within or
across a protected area;
(5)
(b) The storage of building materials, debris,
fill, soil or any other matter within a
protected area;
(c) The cleaning of material or equipment within
a protected area;
(d) The disposal of any liquid or solid waste
material such as paints, oils, solvents,
asphalt, concrete, mortar, or other materials
similarly harmful within a protected area; and
(e) The placement of any structure or site
improvement within a protected area with the
exception of landscaping or related irrigation
improvements.
Violate or fail to observe any of the requirements or
provisions set forth in Section 932.05 of Chapter 932,
Coastal Management, pertaining to the protection of dune
and shoreline vegetation; or
440
(6) Violate or fail to observe any of the requirements or
provisions set forth in Chapter 929, Upland Habitat
Protection, pertaining to the protection of native plant
communities.
Sec. 927.06 Exemptions.
Notwithstanding anything to the contrary in this chapter, the
following activities shall be lawful without application for or
issuance of a tree removal or land -clearing permit. None of these
exemptions shall apply to any mangrove, dune vegetation, specimen
or historic tree, or upland native plant community conservation
area, unless otherwise stated below. The burden of proving
entitlement to any particular exemption shall lie with the person
claiming use of the exemption, in the event the exempted activity
ever becomes subject to an enforcement proceeding.
(1) The removal, trimming, pruning or alteration of any
unprotected tree or other vegetation as necessary for:
(a) The clearing of a path not to exceed four (4)
feet in width to provide physical access or
view necessary to conduct a survey or site
examination for the preparation of subdivision
plats, site plans, or tree surveys; or
(b) The clearing of a path not to exceed ten (10)
feet in width to provide vehicular access
necessary to conduct soil percolation and/or
soil bore tests on a property, provided such
clearing or removal is conducted under the
direction of a Florida registered surveyor or
engineer.
(2) Routine landscape maintenance such as trimming or pruning
of vegetation which is not intended to result in the
eventual death of the plants, mowing of yards or lawns,
or any other landscaping or gardening activity which is
commonly recognized as routine maintenance or
replacement. This exemption shall be construed to allow
routine maintenance of dune vegetation growing seaward
of the coastal construction control line, provided
sufficient documentation evidencing express permission
for such activity from the Bureau of Beaches and Shores
of the Department of Natural Resources of the State of
Florida.
(3)
The removal, trimming, pruning or alteration of any tree
or vegetation in an existing utility easement or right-
of-way provided such work is done by or under the control
of the operating utility company and said company has
received all necessary licenses or permits to provide
utility service within the easement.
441
The removal, pruning, trimming or alteration of any tree
or vegetation for the purpose of maintaining existing
access to a property.
Any activity conducted by a lawfully operating and bona
fide commercial nursery, tree farm, agricultural
operation, silvicultural operation, ranch, or similar
operation, when the activity occurs on property owned or
lawfully occupied by the person conducting said activity
and is done in pursuit of said activity. This exemption
shall include the purposeful removal of a tree or trees
for their permanent relocation at another site undergoing
development. When land -clearing or tree removal has been
performed under this exemption based upon the use of the
property for an agricultural or silvicultural operation,
the following shall apply:
(a) No land development order shall be approved for any non-
agricultural or non-silvicultural use or improvement on
the same site within two (2) years of the completion of
such land clearing or tree removal.
(b) Pertaining to silviculture, operations are encouraged to
implement a State Division of Forestry approved
management plan, including a reforestation plan for
harvested lands.
(c) Pertaining to agriculture, operations are encouraged to
implement a Soil and Water Conservation District approved
conservation plan, including the use of Best Management
Practices, as applicable to the specific area being
cleared.
(6) Any tree which has been destroyed or damaged beyond
saving, or which constitutes an immediate peril to life,
property, or other trees, may be removed without a
permit.
(7) Tree removal, land -clearing, or grubbing of any
vegetation, except mangrove or dune vegetation, upon any
detached single-family residential lot or parcel of land
having an area of one (1.0) acre or less; provided, this
exemption shall not be construed to allow land -clearing,
grubbing, or tree removal without permit of any such lot
or parcel by its subdivider unless the subdivider intends
in good faith to forthwith begin construction of a
dwelling unit or units upon said lot. Advertisement or
listing for sale of the particular lot or parcel without
the dwelling unit shall create a presumption that the
subdivider does not intend to forthwith begin such
construction and that the intent is for the lot or parcel
to be developed by a subsequent purchaser.
442
Sec. 927.07 Permits Available; Criteria Governing Issuance.
(1) The following permits shall be available upon proper
application to the community development department and
compliance with this chapter: tree removal permit; land -
clearing permit; mangrove alteration permit; and dune
vegetation maintenance permit.
(2) Criteria governing issuance:
(a) Tree removal permit. No tree removal permit
shall be issued unless the reviewing
environmental planner finds that a least one
of the following criteria has been satisfied
with respect to each protected tree designated
for removal under the permit. Notwithstanding,
no specimen tree or historic tree (as defined
in Chapter 901) shall be removed except as
expressly approved by the Board of County
Commissioners.
1. That the tree is located within an
existing or proposed right-of-way;
2. That the tree is located within an
existing or proposed easement, or
storm water management tract,
provided that only the minimum area
necessary for the contemplated
service or use shall be considered
under this criterion;
3. That the tree is located where its
continued existence would
unreasonably interfere with the
physical construction of the
improvements on a particular site as
may result from interference with
the access to the site by construc-
tion equipment, or with the opera-
tion of the equipment on the site in
the immediate vicinity of the
proposed structure or improvements;
4. That the tree is located where it
creates or will create a safety or
health hazard, or a nuisance with
respect to existing or proposed
structures or vehicle or pedestrian
routes, and relocation of the tree
on the site is not a feasible
alternative;
443
5. That the tree is located where it
interferes with the installation,
delivery, or maintenance of proposed
or existing utility services to the
site;
6. That the tree is diseased, injured,
or in danger of falling;
7. That the tree is located on a
portion of the site to be used for
construction of required parking
areas or vehicular and pedestrian
ingress and egress areas; provided
that, when this criterion is used to
justify removal of a tree or trees
located within required yard setback
areas, the applicant shall replace
any such tree or trees with an equal
number of trees of similar
ecological or aesthetic value, as
determined by the environmental
planner, unless it can be
demonstrated by the applicant that
the remaining site cannot be
designed to accommodate and sustain
the substituted tree or trees. All
replacement trees shall be of a
minimum four (4) inches diameter -
at -breast -height (dbh);
8. That the tree is located on a
portion of the site where structural
development is proposed, provided
reasonable effort has been made to
preserve protected trees to the
extent feasible under this
criterion.
(b) Land -clearing permit. No land -clearing permit
shall be issued unless the environmental
planner finds that each of the following
criteria has been satisfied:
1. That the land clearing or grubbing
is necessary in order to make site
improvements, authorized by an
approved site plan, subdivision
approval, building permit, or land
development permit, and that the
area to be cleared is the minimum
necessary for such work or, in the
event the aforementioned approvals
444
are not required by law for the
intended use of the property, that
the proposed clearing is the minimum
necessary for the proposed use or
improvement. Land clearing or
grubbing of a site associated with
a proposed development plan (e.g.,
site plan or subdivision preliminary
plat) shall not be allowed to occur
prior to county approval of the
applicable development plan, except
as specifically exempt in Section
927.06.
2. That the applicant has provided a
reasonable, written plan to control
erosion which may be expected to
occur as a result of the proposed
clearing or grubbing. The plan shall
incorporate some or all of the
following means as determined by the
applicant: temporary seeding and
mulching, sodding, diversion berms,
interceptor ditches, sediment
barriers, sediment basins, and
related appurtenances or devices.
All provisions of an erosion control
plan shall be incorporated as
express conditions of the land -
clearing permit issued and a
violation of the conditions or
provisions of the plan shall be
considered a violation of this
chapter and subject to all
enforcement provisions.
Environmental planning staff may
request written elaboration of a
proposed plan prior to issuance of
a permit in order to clarify the
nature and design of measures
intended by the applicant.
3. That the applicant has provided
verification of St. John River Water
Management District (SJRWMD)
approval or exemption regarding the
proposed land clearing or grubbing
activity.
4. That the applicant has or is
complying with all tree protection
provisions contained elsewhere in
this chapter.
445
A land -clearing permit does not authorize the
removal or destruction of protected trees.
Notwithstanding anything in section 927.07 to
the contrary, no tree removal or land clearing
permit shall be construed to authorize any act
with respect to a mangrove.
(c) Mangrove alteration permit. Mangrove
alteration permits shall be available upon
proper application in accordance with section
927.08 of this chapter, which conditions shall
govern use of the permit. A mangrove
alteration permit shall not authorize removal
of any mangroves unless the applicant replaces
or relocates that number of mangroves
necessary to revegetate an area approximately
equal to the area destroyed, on the same
development site; if on-site revegetation is
not feasible given property characteristics,
off-site revegetation shall be required as
applicable. The applicant must provide an
affirmative program satisfactory to the
reviewing environmental planner to assure
survival of the replaced or relocated
mangroves and to stabilize the shoreline from
which mangroves were removed. The approved
program shall be considered an express
condition of the permit and failure to carry
out any of its provision shall be considered
a violation of this chapter. Removal of any
mangrove under this provision shall be allowed
only if the reviewing environmental planner
finds that one or more of the criteria
described in section 927.07(2)(a) has been
satisfied with respect to each mangrove
scheduled for removal and relocation or
replacement.
(d) Dune vegetation maintenance permit. Permits to
trim dune vegetation shall be available upon
proper application in accordance with section
932.06(11) of Chapter 932, Coastal Management,
which conditions shall govern use of the
permit. No permit shall be issued for the
removal of any native vegetation oceanward of
the county Dune Stabilization Setback Line
(DSSL), with the exception of projects
approved by the Florida Department of Natural
Resources (FDNR), and when associated with a
plan for dune revegetation and maintenance, as
approved by county environmental planning
staff and FDNR, as applicable.
446
Sec. 927.08 Additional Mangrove Protection.
(1) All mangrove alteration permits shall be governed by the
following regulations, which shall be deemed incorporated
as special conditions of the permit. The removal of
mangrove dead wood shall be subject to the provisions of
Section 927.08(4). A violation of any these provisions
shall be deemed to be unlawful and subject to all
penalties provided herein:
(a) At least seventy-five (75) per cent of the
canopy of any mangrove trees shall be
retained.
(b) No prop roots shall be damaged or removed from
a red mangrove nor shall pneumatophores be
damaged or removed from a black mangrove.
Neither prop roots nor pneumatophores shall be
buried by fill or other means.
(c) On a black mangrove, there shall be no cutting
or trimming below the lowest two (2) living
lateral limbs, unless a significant canopy
area is left at the top of the tree.
(d) White mangroves and buttonwoods shall not be
trimmed at all a distance less than two (2)
feet above the natural ground elevation. A11
resultant sprout regrowth shall be allowed to
attain a height of a minimum of four (4) feet
above natural ground elevation.
(e) No mangrove cuttings shall be discarded into
any estuary, marsh, river, or adjacent
watercourse.
(f) Pruning, removal, and relocation of mangroves
shall be prohibited between December 1 and
February 15.
(g) On red mangroves, there shall be no trimming
or cutting below the lowest four (4) living
lateral limbs, nor shall the outer growing
ends of these lowest four (4) limbs be trimmed
except for light shearing related to shaping
or hedging of the tree.
(h) All cuts shall be made cleanly and at the base
of the branch or limb cut, except when done
with respect to the shaping of a hedge.
(i) Red mangroves may be hedged down to a minimum
height of six (6) feet, providing the other
criteria of this section are satisfied.
447
(j)
In no case shall application of the above
criteria be allowed to result in the cutting
of any mangrove trunk, branch, or limb at any
point where the diameter of the trunk, branch
or limb is equal to or greater than three (3)
inches.
(2) No permit shall be issued for the trimming of mangroves
within any Indian River Lagoon Aquatic Preserve, unless
approval has been obtained from the Florida Department
of Natural Resources (FDNR).
(3)
Verification of Florida Department of Environmental
Regulation exemption or approval shall be provided by the
applicant to the reviewing environmental planner prior
to county mangrove alteration permit issuance.
(4) A county mangrove alteration permit shall be required for the
removal of mangrove dead wood. The following provisions shall
apply to dead wood removal:
(a) No prop roots or pneumatophores, whether dead or alive,
shall be removed or damaged.
(b) The applicant or agent to perform the dead wood removal
shall be required to adequately demonstrate, to the
reviewing environmental planner, knowledge of
distinguishing live wood from dead wood.
(c) A minimum of one foot of dead wood shall be retained
between each cut and remaining live wood on a subject
mangrove.
(d) Dead wood debris shall not be allowed to damage existing
live mangroves within the area, as applicable.
(e) Subsections 927.08(1)(e), 927.08(1)(f), 927.08(2), and
927.08(3) of this chapter shall apply to the removal of
dead wood as well as the alteration of
mangrove live wood.
Sec. 927.09 Additional Dune and Shoreline Vegetation Protection.
In addition to the provisions of this chapter, dune and shoreline
vegetation shall be protected from disturbance in accordance with
the provisions of Section 932.06, Chapter 932, Coastal Management,
of the County Land Development Code.
448
Sec. 927.10 Additional Upland Native Vegetation Protection.
Chapter 929, Upland Habitat Protection, of the County Land
Development Code provides standards and criteria relating to the
protection of native plant communities, in addition to the
provisions of this chapter. No land clearing or tree removal
activity shall be allowed to conflict with the provisions of
Chapter 929, including:
(1) Provisions pertaining to upland native plant community
conservation areas, applicable to property five (5) acres
or large in size;
(2) Provisions establishing a shoreline vegetation protection
buffer zone along the St. Sebastian River and Indian
River Lagoon Aquatic Preserve;
(3) Provisions requiring the removal of nuisance exotic
vegetation from development sites; and
(4) Provisions restricting the removal of upland native
vegetation contributing to the stabilization of the banks
of canals, ditches, or natural water course, provided
such restricts do not impede maintenance of such water
courses or drainage courses.
Sec. 927.11 Application Procedure and Fees.
(1) Application for issuance of any permit required by this
chapter shall be made in writing to the community
development department on a form provided by
environmental planning staff. The form shall request all
information necessary to evaluate a particular
application including but not limited to:
(a) A statement as to the applicant's interest in
the property, proof of ownership, and agent
authorization from the property owner, as
applicable.
(b) A legal description of the property and a
boundary survey or accurate scaled drawing
thereof.
(c) A tree survey indicating which protected trees
are intended for removal, relocation or
alteration in any way and those which will be
left undisturbed. On sites which are larger
than two (2.0) acres, protected trees may be
depicted as a group or cluster rather than as
individual trees, provided the group or
cluster is one which is to be either entirely
removed or left entirely undisturbed. A
449
written explanation shall be included with the
tree survey which identifies those criteria in
section 927.07 of this chapter which justify
issuance of the requested permit.
In addition to the standard tree survey
described above, a survey of species of
special concern, threatened, or endangered
species shall be required on sites with
characteristics conducive to support such
species, as identified by county environmental
planning staff, in accordance with Section
929.09 of Chapter 929, Upland Habitat
Protection.
(d) An erosion control plan as described in
section 927.07 (2)(b), together with reasons
for clearing or grubbing of the site, if land
clearing is intended.
(e) The application shall be submitted and
processed concurrently with site plan review
or subdivision review, as the case may be,
when such approvals are otherwise required to
make use of the property. The site plan or
subdivision preliminary plat shall be prepared
in a manner to allow ready comparison with the
tree survey, to assess whether the cited
criteria have been met. All items shown shall
be properly dimensioned, scaled and
referenced to the property lines, and setback
or yard requirements. If known, existing and
proposed site elevations and major contours
shall be included.
(f)
An administrative fee to offset the cost of
evaluating the application shall be collected
in an amount determined by resolution of the
board of county commissioners.
(2) The filing of an application shall be deemed to extend
permission to the environmental planner to inspect the
subject property if necessary for purposes of evaluating
the application.
(3)
For those applications which are not being processed
concurrently with site plan or subdivision approval, the
community development department shall have ten (10)
working days following receipt of a completed application
within which to make a determination of whether a permit
shall be issued as requested. If the permit is not
issued, the environmental planner shall state in writing
the reasons of denial and advise the applicant of any
appeal remedies available. If no action has been taken
on the application within stated time, the application
450
shall be deemed to have been approved, and the applicant
shall be entitled to issuance of the permit in accordance
with the application. For good cause, the environmental
planner may request an extension of an additional ten
(10) working days in which to make a determination,
provided the extension is requested prior to expiration
of the initial ten-day period.
(4) Any permit issued hereunder shall remain valid for a term of
one year and may be renewable for a second one year period
upon request to the environmental planner, provided said
request occurs prior to the expiration date of the initial
permit. The environmental planner may require reapplication
and full review in those renewal cases where site conditions
have changed substantially from the date of issuance of the
initial permit as a result of natural growth of trees and
vegetation, or high winds, hurricane, tornado, flooding, fire,
or other act of God. If a permit required by this chapter has
been issued concurrently with site plan or subdivision
approval, then such permit shall run concurrently with the
site plan or subdivision approval and shall be renewed
together therewith.
Sec. 927.12 Determination of Protected Area.
Environmental planning staff shall review each application, and may
inspect each site, for the purpose of making a determination as to
the appropriate protected area to be designated for those protected
trees on a given site. The protected area shall be established
based upon consideration of the species, age, size, condition of
the tree, or soil condition, topography, means of protective
barrier proposed, or other relevant criteria, and shall be
established for the purpose of protecting the roots and trunk of
a protected tree both during and after construction. In no event
shall the protected area be less than an area measured five (5)
feet radially from the center of the tree at its base unless
expressly determined by the environmental planner that a smaller
specified protected area may be established. A tree well design
shall be required as appropriate in cases when the placement of
fill threatens the viability of a protected tree to be preserved.
Sec. 927.13 Local Permit not Exclusive.
It is the intent of this chapter that permits or approval required
hereunder shall be in addition to and not in lieu of any federal,
state, regional or other local approvals which may be required for
the same or similar activities. In the event this chapter conflicts
with any other regulations on this subject matter, the more
restrictive shall apply, with the exception that in a municipality,
the municipal ordinance shall prevail. Compliance with provisions
of this chapter does not excuse any person for noncompliance with
other applicable federal, state, regional or local laws.
451
Sec. 927.14 Open Burning/Air Curtain Incinerator Regulations
Referenced.
The provisions of Chapter 925, Open Burning/Air Curtain Incinerator
Regulations, shall apply regarding the burning of debris associated
with land clearing and tree removal activities, as applicable.
Sec. 927.15 Variances and Administrative Appeals.
A variance from any of the substantive requirements of this chapter
or an appeal of any administrative determination made by the
environmental planner may be obtained in accordance with the
procedures set forth for such relief under the land development
regulations of Indian River County; however, the planning and
zoning commission of Indian River County shall be the board to
which all such variance requests or appeals are made.
Sec. 927.16 Tree Protection as Justification for Variance
Relief from Other Land Development Regulations.
Inasmuch as the requirements of this chapter have been determined
to be of vital importance to the health, safety and well-being of
the community, the desire to preserve a protected tree, whether
mandated by this chapter or not, shall be considered prima facie
a unique or special condition or circumstance peculiar to the land
involved for the purpose of application for a variance from the
literal requirements of land development regulations pertaining to
building setbacks, parking space requirements, or minor or
residential street right-of-way widths, provided adjustments are
made elsewhere on the site to preserve the maximum permitted lot
coverage and the total minimum number of parking spaces, and
provided safety precautions are taken to offset any hazard
resulting from decreased right-of-way widths.
Sec. 927.17 Penalties and Enforcement.
(1) A violation of any provision of this chapter shall be
punishable upon conviction by a fine not to exceed five
hundred dollars ($500.00), or by imprisonment in the
county jail up to sixty (60) days, or both such fine and
imprisonment. The destruction or alteration of each tree
or plant under this chapter shall be considered a
separate offense. The destruction of an historic or
specimen tree, mangrove, or any dune vegetation, contrary
to this chapter shall receive the maximum penalty
provided by law. The county or any aggrieved party having
a substantial interest in the protection provided by this
chapter may apply directly to a court of competent
jurisdiction for mandatory or prohibitive injunctive
relief. In any enforcement proceeding, the adjudicating
body may consider mitigating measures voluntarily
undertaken by the alleged violator such as replacement
or relocation of trees or vegetation, or other
452
landscaping improvements, in fashioning its remedy. Such
body may also require such restorative measures.
(2) Permits required by this chapter may be obtained after -
the -fact for land clearing, tree removal, and mangrove
alteration activities, upon determination by the
environmental planner that such activities were performed
in accordance with permit issuance criteria specified in
section 927.07 and 927.08. The fee for an after -the -fact
permit shall be three (3) times the amount of the normal
administrative fee as provided for in section
927.11(1)(f).
u\r\ord\trees
453
Sec. 928.01
Sec. 928.02
Sec. 928.03
Sec. 928.04
Sec. 928.05
Sec. 928.06
Sec. 928.07
Sec. 928.08
Sec. 928.09
Sec. 928.10
Sec. 928.11
Chapter 928
Wetlands and Deepwater Habitat Protection
Short Title; Purpose and Intent.
Definitions Referenced.
Statement of Applicability.
Determination of Wetland and Deepwater Habitat
Delineation and Functional Values.
Activities Subject to Regulations and Restricts.
Regulatory Standards and Procedures.
Native Upland Edge Vegetation Buffer Zone.
Additional Mangrove Alteration Criteria.
Land Development Density Transfer.
Enforcement.
Assessment Relief.
Sec. 928.01 Purpose and Intent.
(1) This chapter shall be known and may cited as the Indian
River County Wetlands and Deepwater Habitat Protection
Ordinance.
(2) Wetlands and deepwater habitats in Indian River County
are indispensable and fragile natural resources with
significant development constraints due to flooding,
erosion, and soil/substrate limitations. In their natural
state, wetlands and deepwater habitat serve man and
nature. They provide habitat area for fish, wildlife, and
vegetation; water -quality maintenance and pollution
control; flood control; shoreline erosion control;
natural resource education; scientific study; open space;
and recreation opportunities.
A considerable number of these important natural
resources have been lost or impaired by draining,
dredging filling, excavating, building, pollution, and
other acts. Piecemeal or cumulative losses may, over
time, destroy remaining wetland and deepwater habitat.
Damaging or destroying wetlands and deepwater habitat
threatens public safety and general welfare.
It is therefore necessary for Indian River County to
ensure maximum protection of wetlands and deepwater
habitats by discouraging development activities in such
areas and those activities at adjacent upland sites that
may adversely affect wetlands and deepwater habitats, and
to encourage restoration of already degraded or destroyed
systems. While wetland and deepwater habitat development
454
(3)
activities are regulated at the state and federal levels,
Indian River County is in a position to provide long-term
wetland protection by directing growth away from sensitive
areas, through land use regulations. Moreover, it is the
intent of this chapter to provide additional protection to
those wetlands and deepwater habitats not within the
jurisdiction of other reviewing agencies.
If is further the intent of this chapter to restrict
activities that would threaten public safety or cause
nuisances by:
(a) blocking flood flows, destroying flood storage
areas, or destroying storm barriers, thereby
raising or lowering flood heights or
increasing velocities on other land and
increasing flood damages;
(b) causing water pollution, including location of
wastewater disposal systems in wet soils;
unauthorized application of pesticides;
herbicides, and algacides, disposal of solid
wastes or stormwater runoff at inappropriate
sites; or the creation of unstabilized fill;
(c) increasing erosion; or
(d) increasing runoff of sediment and stormwater.
(4) In addition, it is the purpose of this chapter to prevent
activities that would destroy natural wetland and
deepwater habitat functions important to the general
welfare by:
(a) decreasing breeding, spawning, nesting,
wintering, feeding, or other critical habitat
for fish and wildlife, including rare,
threatened, and endangered plant and animal
species and commercially and recreationally
important wildlife;
(b) interfering with the exchange of nutrients
needed by fish and other forms of wildlife;
(c) decreasing groundwater recharge;
(d) destroying sites needed for education and
scientific research as outdoor biophysical
laboratories, living classrooms, and training
areas;
455
(e) interfering with public rights in waters and
the recreation opportunities for hunting,
fishing, boating, hiking, birdwatching,
photography, camping, and other activities in
nontidal wetlands; or
(f)
destroying aesthetic and property values.
Sec. 928.02 Definitions Referenced.
The definitions of certain terms used in this chapter are set forth
in Chapter 901, Definitions, of the Indian River County Land
Development Code.
Sec. 928.03 Statement of Applicability.
The regulations of this chapter shall apply to all
development that would affect wetland and deepwater
habitats in unincorporated Indian River County,
regardless of the size of the wetland or deepwater
habitat.
Sec. 928.04 Determination of Wetlands and Deepwater Habitats
Delineation and Functional Value.
(1) The definition of wetlands and deepwater habitats shall
be based upon the publication "Classification of Wetlands
and Deepwater Habitats of the United States" (Cowardin
et al, 1979), and shall be consistent with the broadest
jurisdiction of federal, state, and regional regulatory
agencies. (see Chapter 901, Definitions, County Land
Development Code).
(2) Representatives of the Department of Environmental
Regulation, Department of Natural Resources, U.S. Corps
of Engineers, St. Johns River Water Management District,
Soil and Water Conservation District, Florida Game and
Freshwater Fish Commission, U.S. Fish and Wildlife
Service, FDAC Division of Forestry, Indian River County
Mosquito Control District, and/or other applicable
agencies will be contacted for assistance in identifying
the extent and functional values of wetlands and
deepwater habitats.
(3)
USFWS National Wetlands Inventory Maps (1984), submergent
aquatic vegetation inventories, infrared aerials and
property appraiser aerials shall be utilized for general
identification of wetlands and deepwater habitats in
Indian River County. It is recognized, however, that such
456
graphic sources do not depict the full extent of wetland and
deepwater habitat delineations and function characteristics.
Wetlands and deepwater habitats shall be identified by survey
at the time of site development review on a site -by -site
basis.
(4) Factors to be considered in evaluating the present or
future functions and values of wetlands and deepwater
habitats shall include, but not be limited to:
(a) relationship to similar or complementary
habitats,
(b) Proximity to adjacent urban land uses,
(c) degree of disturbance or invasion by exotic
plant species,
(d) importance to wildlife species, including
aquatic species (as applicable),
(e) frequency and length of inundation, and
(f) degree of flushing or tidal influence
(applying to estuarine wetlands).
Sec. 928.05 Activities Subject to Regulations and Restrictions.
(1) No activity shall be allowed that results in the
alteration, degradation, or destruction of wetlands or
deepwater habitats except when:
(a) such an activity is necessary to prevent or
eliminate a public hazard, provided wetland
and deepwater habitat functional loss is
unavoidable and minimized; or
(b) such an activity would provide direct public
benefits which would exceed the loss of
wetland or deepwater habitat functions and
values, provided there is a public need, and
wetland and deepwater habitat functional loss
is unavoidable and minimized; or
(c) such an activity is proposed for wetlands or
deepwater habitats in which the functions and
values currently provided are significantly
less than those typically associated with such
habitats and cannot be reasonably restored,
and preservation of the habitat is not in the
public interest.
457
(2) Mitigation shall be required for any activity that
results in the alteration, degradation, or destruction
of wetlands or deepwater habits, as provided for in
Section 928.06 of this chapter.
Sec. 928.06 Regulatory Standards and Procedures.
(1) No alteration of wetlands or deepwater habitat shall be
allowed unless a wetlands/deepwater habitat alteration
permit has been issued by county environmental planning
staff. Said permit application shall be in a form
prescribed by the county, and shall at minimum provide
the following information to satisfy the provisions of
this chapter:
(a) a wetland/deepwater habitat boundary survey,
delineating the landward extent of the
wetland/deepwater habitat based on the
broadest jurisdictional line of reviewing
regulatory state and federal agencies;
(b) a wetland/deepwater habitat functional value
assessment, with consideration of factors set
forth in subsection 928.04(4), justifying the
proposed alteration as the development
alternative of least impact; and
(c) a mitigation plan, including:
1. a 24" x 36" scaled drawing of the
project site depicting
wetlands/deepwater habitat to be
preserved, altered, or created,
distinguished by cross -hatching or
other graphic means.
2. a cross-sectional drawing of
wetland/deepwater habitat
restoration or creation areas,
including:
a. proposed
elevations;
b. control water
and
c. proposed
plantings.
grading
elevations;
vegetation
458
3. a table indicating aquatic plant
species type, size, and planting
densities.
4. a planting and maintenance schedule.
(2) Except as provided for in Section 928.05, no activity
shall be allowed that results in the alteration,
degradation, or destruction of wetlands or deepwater
habitats. Whenever any wetland or deepwater habitat is
degraded or destroyed under such exceptions, mitigation
shall be provided through the creation of new wetland or
deepwater habitat, through the restoration of degraded
habitat, or through the enhancement of functions and
values provided by existing habitats. Wetland creation
or enhancement shall at minimum offset the
wetland/deepwater habitat functions lost due to impacts.
Mitigation proposals shall be evaluated for
appropriateness on case-by-case basis, and shall be
consistent with all applicable jurisdictional regulatory
agency regulations.
(a) Preference shall be given for type -for -type
mitigation on-site or in close proximity to
the wetland or deepwater habit loss. Off-site
mitigation and/or nontype-for-type may be
considered, only if on-site mitigation and/or
type -for -type is not deemed appropriate when
weighing benefits and disadvantages to
regional ecology and on-site ecology.
(b) The minimum ratio of 2:1 (created to lost
wetlands) shall apply to wetland habitat
creation (not wetland enhancement) proposals.
The mitigation ratio for submergent aquatic
vegetation (e.g. seagrass) shall be a minimum
of 3:1 (created to lost habitat).
(c) The preservation of upland habitat adjacent to
preserved or enhanced wetlands (beyond buffer
requirements) may be considered as partial
mitigation, if it is determined as
contributing to the ecological functions and
values of the preserved or enhanced wetland.
(d) The Indian River Mosquito Control District
(IRMCD) will be consulted whenever wetlands
are being created or restored to ensure that
mosquito producing habitat is not created and
source reduction mosquito control is effected.
459
(3)
The establishment of conservation easements shall be
required to overlay all preserved, created, or enhanced
wetlands or deepwater habitats (and upland buffers, as
applicable) associated with development site mitigation.
Such easements shall ensure protection of these habitats
and may allow certain activities, such as passive
recreation, not deemed detrimental to the health of the
ecological system. Indian River Mosquito Control District
will be granted access easements to allow for mosquito
inspection, treatment, and management.
(4) Restoration and management of impounded estuarine
wetlands. The restoration and management of impounded
estuarine wetlands shall be allowed as mitigation for the
limited filling of degraded wetlands as described in
subsection 928.05(1)(c), provided that:
(a) the benefits of the restoration and management
of the impoundment to natural functions shall
offset the losses of wetland functions
associated with the limited wetland filling,
with a minimum mitigation ratio of 10:1
(restored/managed impoundment to lost degraded
wetlands);
(b) a conservation easement is established for the
impoundment to ensure protection; in addition,
IRMCD will be granted access easements to
allow for mosquito inspection, treatment, and
management; and
(c) the restoration and management plan is
consistent with jurisdictional agency
regulations and is favorably reviewed by the
Governor's Subcommittee on Managed Marshes.
(5) Mitigation bank program. Indian River County shall, as
a last alternative, consider the acceptance of fees to
be deposited into a county mitigation bank fund as off-
site mitigation for activities that result in the
alteration, degradation, or destruction of wetlands or
deepwater habitats, as may be allowed in the exceptions
of Section 928.05.(1) of this chapter. Fees for
mitigation shall be considered only if all other
mitigation alternatives, as set forth in Section 928.06,
are not feasible or are inappropriate given site
characteristics. Funds deposited into the mitigation bank
will be utilized to create, protect and manage, or
enhance environmentally sensitive areas of the same type
as that altered. As part of the mitigation program, the
county shall identify environmentally sensitive areas
that are suitable for protection, management and
enhancement projects, and shall identify and may consider
the acquisition of property suitable for environmentally
sensitive area creation projects.
460
The mitigation fee shall be calculated as [the assessed
value of one acre of the project site] x [the number of
acres proposed to be impacted].
Sec. 928.07 Native Upland Edge Vegetation Buffer Zone.
A buffer zone of native upland edge vegetation shall be provided
around wetlands and deepwater habitats which are constructed or
preserved on new development sites. The buffer zone may consist of
preserved or planted vegetation, but shall include canopy,
understory, and gropnd cover of native species only. The edge of
the buffer zone shall begin at the upland limit of the wetland or
deepwater habitat. A minimum of ten square feet of such buffer
shall be provided for each linear foot of wetland or deepwater
habitat perimeter that lies adjacent to uplands. The upland edge
buffer shall be located such that no less than 50 percent of the
total shoreline is buffered by a minimum width of ten feet of
upland habitat.
Sec. 928.08 Additional Mangrove Alteration Criteria.
In addition to the provisions of this chapter, any alteration,
including trimming, of red mangroves (Rhizophora mangle), black
mangroves (Avicennia germinans), white mangroves (Languncularia
racemosa) or buttonwood (Conocarpus erecta) shall be subject to the
provisions of Chapter 927, Tree Protection, of the County Land
Development Code.
Sec. 928.09 Land Development Density Transfer.
As an incentive to direct development activities away from wetlands
and deepwater habitats, it shall be allowable through the Planned
Development (PDs) approval process to apply for a density credit
transfer from wetlands and deepwater habitats to project uplands,
as further described and provided for in Chapter 915, Planned
Developments, of the County Land Development Code. Wetlands or
deepwater habitats utilized for density transfer credit shall be
preserved via the establishment of a conservation easement as
described in subsection 928.06(3) of this chapter.
Sec. 928.10 Enforcement.
A violation of any provision of this chapter shall be punishable
upon conviction by a fine not to exceed five hundred dollars
($500.00), or by imprisonment in the county jail up to sixty (60)
days, or both such fine and imprisonment. The destruction or
alteration of each wetland plant (including submergent aquatic
vegetation) associated with wetlands and/or deepwater habitat shall
be considered a separate offense.
In the event of a violation, the Board of County Commissioners
shall have the power to order restoration and creation measures for
the damaged wetland or deepwater habitat area by the person or
agent responsible for the violation. If the responsible person or
461
agent does not complete such measures within a reasonable time
following the order, Indian River County may restore the affected
wetland to its prior condition or create or restore other wetlands
for the purpose of offsetting losses sustained as a result of the
violation. The person or agent responsible for the original
violation shall be liable Indian River County for the cost of such
actions.
Sec. 928.11 Assessment Relief.
Any owner of an undeveloped wetland who has dedicated an easement
or entered into a perpetual conservation restriction with the
Indian River County or a nonprofit organization to permanently
control some or all regulated activities in the wetland shall be
exempted from special assessment on the controlled wetland to
defray the cost of municipal improvements such as sanitary sewers,
storm sewers, and water mains. Said exemption shall only apply,
however, in cases when an entire land parcel is devoted to a
conservation easement or perpetual conservation restriction.
\u\r\ord\wetland
462
Chapter 929
Upland Habitat Protection
Sec. 929.01 Short Title
Sec. 929.02 Purpose and Intent
Sec. 929.03 Definitions Referenced
Sec. 929.04 Statement of Applicability
Sec. 929.05 Upland Native Plant Community Conservation Areas
Sec. 929.06 Environmentally Important Upland Density Transfer
Sec. 929.07 St. Sebastian River and Indian River Lagoon Aquatic
Preserve Shoreline Protection Buffer Zone
Sec. 929.08 Removal of Nuisance Exotic Vegetation
Sec. 929.09 Environmental Survey for Endangered and Potentially
Endangered Fauna and Flora
Sec. 929.10 Additional Dune Vegetation Protection Criteria
Sec. 929.11 Additional Tree Protection Criteria
Sec. 929.12 Jungle Trail Protected Area Vegetation Protection
Sec. 929.13 Enforcement
Sec. 929.14 Assessment Relief
Sec. 929.01 Short Title.
This chapter shall be known and may be cited as the Indian River
County Upland Habitat Protection Ordinance.
Sec. 929.02 Purpose and Intent.
(1) Indian River County has a diversity of upland ecological
communities ranging from coastal strand and hammock
communities along the Atlantic Ocean to the pine
flatwoods and dry prairies in the vicinity of Blue
Cypress Lake. Following are significant upland ecological
communities found in Indian River County; each is
described in detail in the Conservation Element of the
Indian River County Comprehensive Plan.
(a) Coastal strand (including dune vegetation)
(b) Coastal/tropical hammocks
(c) South Florida flatwoods (including pine
flatwoods, dry prairies)
(d) Xeric scrub communities (including sand pine
scrub)
(e) Cabbage palm hammocks
(f) Upland hardwood hammocks
(2) In their natural state, upland ecological communities
serve man and nature with many attributes, such as:
463
(a) providing habitat for wildlife and vegetation,
including site-specific resident species as
well as wide-ranging wildlife species
dependent on more than one community type for
life needs;
(b) providing soil stabilization and thus erosion
control;
(c) providing physical and psychological benefits
in the interest of public health and welfare,
by providing shade and cooling the air and
land, and by providing noise and visual
buffers, and open space;
(d) providing an essential link in the condition
of our environment for human life through the
production of oxygen, transfer of water,
precipitation of airborne pollutants,
cleansing of ground and surface water, and
conversion of carbon dioxide; and
(e) providing ecotone and diversity complementary
to other ecological community types (e.g.
wetlands, deepwater, and uplands) to the
benefit of wildlife species.
(3) It is the purpose and intent of this chapter to promote
the preservation of sufficient upland ecological
communities to maintain viable populations of all native
plant and animal species and representative stands of
each habitat type in Indian River County. It is further
the intent of this chapter to promote the preservation
of such flora communities and fauna populations through
the establishment of land development regulations, as a
supplement to County land acquisition efforts, while
still allowing the reasonable development of property.
(4) Additionally, it is the purpose and intent of this
chapter to conserve upland ecological communities for
their benefits as described in subsection 929.02(2), and
to restrict land development activities that would be
detrimental to such benefits, including, but not limited
to, those activities that would:
(a) destroy the critical habitat of rare,
endangered or potentially endangered flora and
fauna species;
(b) diminish common ecological communities, such
as pine flatwoods, to a point of becoming
regionally uncommon or rare; or
(c) unnecessarily remove vegetation that serves a
valuable function such as erosion control,
visual or noise buffer, water and air
464
pollution filtration, or drought tolerant
landscape.
Sec. 929.03 Definitions Referenced.
The definitions of certain terms used in this chapter are set forth
in Chapter 901, Definitions, of the Indian River County Land
Development Code.
Sec. 929.04 Statement of Applicability.
(1) The regulations of this chapter apply to the following
land development activities, except as may be provided
in the individual sections of this chapter:
(a) land development activities subject to the
provisions of Chapter 913, Subdivisions and
Plats, and Chapter 914, Site Plan Regulations,
with Section 929.05 of this chapter applying
to all site plan developments, subdivisions,
plats, and single-family developments on
property five (5) acres or larger;
(b) land development activities on land parcels
bordering the St. Sebastian River or Indian
River Lagoon Aquatic Preserve, including site
plan developments, agricultural operations,
and single-family residential uses;
(c) land development activities on land parcels
containing or bordering on existing or created
wetlands or deepwater habitat;
(d) land development activities on oceanfront
property, including but not limited to site
plan development and single-family residential
uses;
(e) any land development activity that would
result in the removal of upland native
vegetation contributing to the stabilization
of the banks of existing canals, ditches, or
natural watercourses; and
(f) land development activities subject to the
provisions of Chapter 927, Tree Protection,
including all site plan developments and
subdivisions, and single-family residential
uses on property greater than one (1) acre in
size.
(2) Any land development activities including landclearing,
grubbing, or pruning that results in the destruction of
upland vegetation contrary to the provisions of this
chapter shall be considered a violation of County Laws
465
and Ordinances and shall be subject to penalties as
provided by law.
Sec. 929.05 Upland Native Plant Community Conservation Areas.
(1)
Development projects on property five (5) acres or
larger, including single-family residential development
and subdivisions, but excluding agricultural operations,
shall set aside, through selective clearing and micro -
siting of buildings and construction activities, a
minimum of 15 percent of the total cumulative acreage of
native plant communities which occur on-site (including
but not limited to flatwoods, xeric scrub, and
coastal/tropical hammock). In no case, however, shall
the required set aside areas exceed 10 percent of the
total project site property acreage. Such set aside areas
shall be preserved in viable condition with intact
canopy, understory, and ground cover, and shall be
protected by the filing of conservation easements. The
preserved set aside area(s) shall be allowed as credit
toward other county land development regulations such as
landscape, buffer, and open space requirements, and
minimum yard setback requirements.
(2) Where preservation of 15% of the native upland plant
communities on-site is not feasible given site specific
characteristics, the county shall permit off-site
preservation and/or habitat creation (type -for -type) as
an alternative to on-site 15% preservation. Moreover, as
an incentive to preserve contiguous tracts which provide
more habitat value than linear buffer set aside areas,
the county shall allow a percentage reduction to a
minimum of 10% of the cumulative native plant community
acreage, for those preserve areas that are set aside as
a contiguous tract.
(3)
Development projects proposed for lands currently
consisting of native upland plant communities may, as an
alternative to 15 percent preservation of the on-site
community, pay a fee equivalent to (the assessed value
of one acre of the project site) X (the number of acres
of habitat type that would otherwise have been set aside
as 15% preservation.). This fee shall be payable to the
county prior to the issuance of a land development permit
and shall be used by the county for acquisition of
comparable native habitat preserve areas and for
management of such lands.
(4) The areal extent of native upland plant communities
occurring on a site shall be verified by county
environmental planning staff, based on field inspection
and review of a vegetation survey to be submitted by the
applicant.
466
(a) The vegetation survey shall consist of an
aerial photograph (or blueprint thereof) or
sketch prepared to a scale no smaller than one
inch to two hundred (200) feet which
delineates native upland plant communities by
general category (reference Sec. 929.02(1)),
and distinguishes such communities from non-
native plant communities and/or disturbed
areas occurring on the site.
(b) Native upland plant communities shall be
determined using Appendix 8.A, Ecological
Communities Flora and Fauna Tables, of the
Conservation Element of the County
Comprehensive Plan as a general reference. The
Florida Game and Freshwater Fish Commission,
the Soil and Water Conservation District, and
the Florida Division of Forestry shall also be
consulted as needed to aid in plant community
delineation.
(c) For purposes of calculating the areal extent
of native upland plant communities occurring
on site, the following areas shall not be
included:
1. areas of the subject property
inundated by any one or combination
of the following nuisance exotic
species:
a. Australian pine (Casuarina spp.)
b. Ear -pod tree (Enterolobium cyclocarpum)
c. Chinaberry (Melia azedarach)
d. Brazilian pepper (Schinus terebinthifolius)
e. Melaleuca (Melaleuca quinquenervia)
2. areas determined to be wetlands or
deepwater habitat; and
3. areas disturbed from previous
development or landclearing
activities within the past two (2)
years, when such development or
landclearing was performed in legal
conformance with county requirements
when they occurred.
(5) The five (5) acre threshold for applying the upland
native plant community conservation area requirement
shall be based on the parcel size of the overall subject
property, rather than the actual "area of development"
(development phase). However, the amount of required set-
aside shall be calculated and conserved on an "area of
development" (phase -by -phase) basis, as applicable.
467
(6) Once the area and location of upland native plant
community to be conserved is determined, the applicant
shall provide a boundary survey of the conservation area
and shall record a conservation easement in a form
prescribed by the county attorney's office. Such recorded
conservation easement shall be required prior to the
issuance of a land development order, site plan release,
or building permit for the proposed development activity.
Sec. 929.06 Environmentally Important Upland Density Transfer.
Undeveloped tracts of xeric scrub and coastal/tropical hammocks 5
acres or larger (in single or multiple ownership) are hereby deemed
environmentally important, in recognition of their scarcity and
natural values, and in recognition of the public interest in
encouraging the conservation of plants and animals associated with
these vegetation communities. The county hereby encourages the
conservation of xeric scrub and coastal/tropical vegetative
communities by establishing density transfer and cluster
development incentive land use regulations to apply to these
environmentally important areas. It shall be allowable through the
Planned Development (PD) approval process to apply for a density
transfer credit from said environmentally important upland tracts
to other project uplands, as further described and provided for in
Chapter 915, Planned Development, of the County Land Development
Code. Environmentally important upland tracts of xeric scrub or
coastal/tropical hammocks utilized for density transfer credit
shall be preserved via the establishment of a conservation easement
as described in subsection 929.05(6) of this chapter.
Sec. 929.07 St. Sebastian River and Indian River Lagoon Aquatic
Preserve Shoreline Protection Buffer Zone.
(1) A fifty (50) foot shoreline protection buffer for
unplatted parcels, and a twenty-five (25) foot buffer for
existing platted lots is hereby established on land
parcels bordering the St. Sebastian River or the Indian
River Lagoon Aquatic Preserve, measured from the mean
high water line. In no case, however, with reference to
existing parcels or lots of record, shall the buffer
exceed twenty (20) percent of the parcel or lot depth
perpendicular to the applicable waterway.
(2) Within the shoreline protection buffer, no development
shall be permitted with the exception of docks, boat
ramps, pervious walkways and elevated walkways which
provide the property owner with reasonable access to the
waterway.
(a) No more than twenty (20) percent or twenty-
five (25) feet, whichever is greater, of any
shoreline may be altered for reasonable
access. Native vegetation in the remainder of
468
(3)
the shoreline protection buffer shall remain
unaltered, except as may be allowed through
county trimming regulations.
Shoreline alteration shall be prohibited, unless it is
in the public interest or prevents or repairs erosion
damage, or provides reasonable access to the water, does
not adversely impact water quality, natural habitat or
adjacent shoreline uses, and is permitted by all
applicable jurisdictional regulatory agencies. Any native
vegetation removed in such instances except as may be
allowed in subsection 929.07(2)(a), shall be relocated
or replaced on-site with comparable vegetation and
amount.
Sec. 929.08 Removal of Nuisance Exotic Vegetation.
(1) As a condition of a landclearing permit, in accordance
with Chapter 927, Tree Protection, of the Land
Development Code, the following nuisance exotic
vegetation shall be removed from development project site
property, as applicable:
(a) Australian pine (Casuarina spp.)
(b) Brazilian pepper (Schinus terebinthifolius)
(c) Melaleuca (Melaleuca quinquenervia)
(d) Ear -pod tree (Enterolobium cyclocarpum)
(e) Chinaberry (Melia azedarach)
(2) Exceptions to subsection 929.08(1) and/or additional
conditions may occur adjacent to Jungle Trail, subject
to the provisions of the County Jungle Trail Management
Plan. In cases where removal of nuisance exotic
vegetation would result in substantial damage to native
upland plant communities, exceptions to required removal
may occur, subject to county environmental planning staff
approval.
(3) The planting or sale of nuisance exotic vegetation as
described in subsection 929.08(1) is prohibited in Indian
River County.
Sec. 929.09 Environmental Survey for Endangered and Potentially
Endangered Fauna and Flora.
(1) Before any property which is suspected by county
environmental planning staff to support listed endangered
or potentially endangered fauna or flora is cleared via
a county land clearing permit (reference Chapter 927,
Tree Protection), the property shall be surveyed for such
species by a competent ecologist or environmental
specialist. Listed species shall be those appearing in
469
the most recent edition of "Official Lists of Endangered
and Potentially Endangered Fauna and Flora in Florida"
published by the Florida Game and Fresh Water Fish
Commission (GFC).
(2) Once the environmental survey is conducted and listed
species that occur on site have been documented, the land
clearing applicant and/or developer shall notify the GFC
and U.S. Fish and Wildlife Service (USFWS) and provide
proper protection to such species to the extent feasible,
to the satisfaction of the county and wildlife agencies.
"Extent feasible" refers to, but is not limited to:
(a) Development design modification to incorporate
the preservation of listed plant communities
or animal nests/burrows into conservation
areas;
(b) Relocation of listed species to locations on
or off site conducive for supporting such
species; and/or
(c) Satisfaction of jurisdictional regulatory
agency requirements that apply to threatened
and endangered species protection, as
applicable.
Sec. 929.10 Additional Dune Vegetation Protection Criteria.
The disturbance of dune vegetation oceanward of the County Dune
Stabilization Setback Line (DSSL) is prohibited, with the exception
of dune walkover construction and other similar minor structures
that may be allowed subject to FDNR Division of Beaches and Shores
approval. The DSSL and additional dune protection criteria are
further described and provided for in Chapter 932, Coastal
Management, of the County Land Development Code.
Sec. 929.11 Additional Tree Protection Criteria.
Landclearing, grubbing, and/or removal of native trees and
vegetation is prohibited in Indian River County except as is
allowed under the permitting and exemption provisions of this
chapter and chapter 927, Tree Protection, of the County Land
Development Code. Chapter 927, Tree Protection, provides standards
and criteria relating to the landclearing of property and the
removal of protected trees, in addition to the provisions of this
chapter.
Sec. 929.12 Jungle Trail Protected Area Vegetation Protection.
The provisions of this chapter apply in the Jungle Trail protected
area, except as may conflict with the provisions of the County
Jungle Trail Management Plan (I.R.C. Resolution 89-36). The Jungle
Trail Management Plan defines the Jungle Trail Protected Area and
470
provides additional standards and criteria for upland native plant
community protection and enhancement.
Sec. 929.13 Enforcement.
A violation of any provision of this chapter shall be punishable
upon conviction by a fine not to exceed five hundred dollars
($500.00), or by imprisonment in the county jail up to sixty (60)
days, or both such fine and imprisonment. The destruction or
alteration of each native upland plant associated with plant
community conservation areas shall be considered a separate
offense.
In the event of a violation, the Board of County Commissioners
shall have the power to order restoration and creation measures for
the damaged upland native vegetation by the person or agent
responsible for the violation. If the responsible person or agent
does not complete such measures within a time specified by the
order, Indian River County may restore the affected upland to its
prior condition for the purpose of offsetting losses sustained as
a result of the violation. The person or agent responsible for the
original violation shall be liable to Indian River County for the
cost of such actions; such cost shall be placed as a lien on the
property until paid.
Sec. 929.14 Assessment Relief.
Any owner of an undeveloped upland native plant community area who
has dedicated an easement or entered into a perpetual conservation
restriction with Indian River County or a nonprofit organization,
to permanently control some or all regulated activities in the
upland, shall be exempted from special assessment on the controlled
upland to defray the cost of municipal improvement such as sanitary
sewers, storm sewers, and water mains. Said exemption shall only
apply, however, in cases when an entire land parcel is devoted to
a conservation easement or perpetual conservation restriction.
\users\rose\ord\upland
471
CHAPTER 930
STORMWATER MANAGEMENT AND FLOOD PROTECTION
Sec. 930.01 Short Title
Sec. 930.02 Purpose
Sec. 930.03 Rules of Construction
Sec. 930.04 Definitions
Sec. 930.05 Prohibited Activity
Sec. 930.06 Exemptions
Sec. 930.07 Review Criteria for All Development Projects
Sec. 930.08 Required Information for Permit Applications
Sec. 930.09 Required Information to be Submitted by Type B
and C Permit Applicants after Issuance of Permit
Sec. 930.10 Permit Application and Review Procedures
Sec. 930.11 Administrative Duties
Sec. 930.12 Appeal Procedure
Sec. 930.13 Notice
Sec. 930.14 Vested Rights
Section 930.01 SHORT TITLE
This chapter shall be known as the Indian River County Stormwater
Management and Flood Protection Ordinance.
Section 930.02 PURPOSE
The purpose of this chapter is to protect the health, safety, and
welfare of the citizens of Indian River County; to implement those
policies and objectives found in the drainage sub -element of the
County's Comprehensive Plan; to ensure protection of land and
improvements together with natural resources through the use of
responsible stormwater management and flood protection practices;
and to ensure replenishment of the County's aquifer systems to
provide a continuing usable water supply; to reduce stormwater
pollutant loading of the Indian River Lagoon; and to provide proper
floodplain management.
Section 930.03 RULES OF CONSTRUCTION
The requirements of this chapter are intended to implement
regulations of the Federal Emergency Management Agency set out as
44CFR, the National Flood Insurance Program Regulations, and are
intended to complement regulations of the Florida Department of
Environmental Regulation including but not limited to those found
in Florida Administrative Code, Chapter 17-25, Regulation of
Stormwater Discharge, Chapter 17-3 Water Quality Standards, and
Chapter 17-4 Permits, and Chapter 17-312 Dredge and Fill
Activities, and the Stormwater Rules of the St. Johns River Water
Management District, all as adopted or as may be amended from time
472
to time. A FAC Chapter 17-312 Wetland Resource Permit may be
required. Approval of a stormwater management system under this
chapter shall not relieve any applicant of the necessity to obtain
required permits or approvals from other state, regional, or local
agencies, including specifically, but not limited to, observance
of FDER permitting requirements for use of the "landward extend of
waters of the state", as that term is defined by Florida
Administrative Code, Chapter 17-301.400(4). In the event of a
conflict between this chapter and any other law or regulations,
this chapter shall be interpreted to avoid the conflict when
possible. If there is an irreconcilable conflict, the agency rule
shall prevail. If this chapter is more restrictive, the provisions
hereunder shall prevail and no conflict will be considered to
exist.
Section 930.04 DEFINITIONS
Refer to Chapter 901 of this code for definitions applicable to
stormwater and flood protection.
Section 930.05 PROHIBITED ACTIVITY
(1) It shall be illegal and subject to the penalties provided
herein for any person to construct, or arrange for, authorize, or
participate in the construction of a development project within the
unincorporated area of Indian River County without first obtaining
a valid permit to construct either a Stormwater Management System
(hereinafter referred to as a Type A Permit), a Flood Protection-
Stormwater Management System, when applicable, (hereinafter
referred to as a Type B Permit), or a Flood Management System
(hereinafter referred to as a Type "C" Permit), when applicable,
pursuant to this chapter.
(2) It shall be illegal and subject to the penalties provided
herein for any person to construct and/or alter, any structure in
such a manner as to impede the functioning of a drainage system
that is:
(a) Publicly maintained or;
(b) Located on private property and is a part of a drainage
system serving more than one property owner when such
system is located in an easement which exists for the
benefit of other land owners.
Section 930.06 EXEMPTIONS
(1) The following activities shall be exempt from the permitting
requirements of this chapter.
(a) The construction of an individual detached single family
residence or duplex residence together with accessory
473
structures, provided that said residences and accessory
structures are not located in Flood Hazard Zones as
identified in 930.07(1)(s) however, the provisions of
912.08 and 914.27(2) may be applicable. When located in
a Flood Hazard Zone, the applicant shall be required to
obtain a Flood Management System permit (Type C) which
shall be issued upon the applicant demonstrating
compliance with 930.07(2)(a thru j).
(b) Bona fide agricultural uses except when an artificial
drainage system will be used to increase the flow of
surface water from the applicant's land to a County
maintained drainage system, or when the particular
agricultural use requires site plan approval.
(c) Maintenance work performed on existing mosquito control
canals or impoundment areas.
(d) Any maintenance, alteration, renewal, repair, use or
improvements of an existing structure which does not
change or affect rate or volume of stormwater runoff or
the construction of any structure or addition thereto
which does not create an impervious surface exceeding ten
(10%) percent of the site or 5,000 square feet, whichever
is less.
(e) All activities by a water management district, drainage
district, or water control district established under the
laws of the State of Florida and all activities
undertaken by the State of Florida, Indian River County,
or any incorporated municipality within Indian River
County, within their respective easements and rights-
of-way.
(f)
Any activity or development project which can be
demonstrated by the applicant in accordance with 930.14
hereof to have vested rights.
(2) This chapter shall not be construed to prevent the doing of
any act otherwise lawful and necessary to prevent material
harm to or destruction of real or personal property as a
result of a present emergency, including but not limited to
fire, infestation by pests, or hazards resulting from violent
storms or hurricanes or when the property is in eminent peril
and the necessity of obtaining a permit is impractical and
would cause undue hardship in the protection of the property.
(3)
A report of any such emergency action shall be made to the
Division of Public Works by the Owner or person in control of
the property upon which emergency action was taken as soon a
practicable, but not more than ten (10) days following such
action. Remedial action may be required by the Director of
Public Works subject to appeal to the Board of County Commis-
sioners in the event of dispute.
474
Section 930.07 REVIEW CRITERIA FOR ALL DEVELOPMENT PROJECTS
(1) Stormwater Management Permit(Type A)
All development projects are required to obtain a Type A
Permit. No Type A Permit to construct a development project
shall be issued unless the following criteria are met:
(a) The design of the on-site stormwater management system
shall be based at a minimum on a 25 -year frequency 24-
hour duration storm event on the development project as
proposed. The design of any off-site stormwater
management system improvements shall be based upon a 25 -
year frequency 24-hour duration storm event. The
modified Type 2 SCS Rainfall Distribution shall be used.
Post development runoff shall not exceed pre -development
runoff unless a maximum discharge rate has been adopted
for the applicable drainage basin and the discharge does
not exceed that rate. If a maximum discharge rate has
not been adopted for the applicable basin, post
development discharge may not exceed pre -development
discharge.
(b) The hydrologic computations for the stormwater management
system shall be based on full hydrograph generation for
the development project and contributory area utilizing
such methods as published by the Soil Conservation
Service (USDA, SCS, "National Engineering Handbook",
Section 4, Hydrology: 1985 and "Urban Hydrology for Small
Watersheds", Technical Release No. 55: 1986). For
projects of less than 12.0 acres, the rational method of
runoff computation is satisfactory. The rainfall
intensity -duration -frequency curves provided in Volume
2 -Procedures Florida Department of Transportation (FDOT)
Drainage Manual are hereby incorporated as a part of this
chapter and shall be used in making all required
hydrologic computations.
(c) Retention or detention with filtration of the runoff from
the first 1" of rainfall shall be provided on site.
Credit for soil storage shall be given in retention of
the first 1" of rainfall. Detention with filtration or
retention shall be provided on site for the initial one
inch of rainfall plus additional stormwater runoff
generated by the development project over and above that
generated by the site prior to the proposed development
unless there is a legal positive outfall available which
has sufficient capacity to accept the additional runoff.
All discharges from sites within 1 mile of the Indian
River Lagoon shall retain the first 1.5" of rainfall on
site before discharge into a legal positive outfall, or
the Indian River Lagoon.
(d) Retention or detention facilities shall be constructed
in such a manner as to maximize utilization of available
475
percolation capabilities on the site for recharge
enhancement and to minimize mosquito breeding by being
shallow, shall be easy to maintain, and shall have a
skimmer mechanism if required by the SJRWMD. Stormwater
Management facilities which are to be dedicated to the
county shall not penetrate the groundwater table.
Private wet retention/detention systems shall meet the
following criteria:
1. The application provides a water quality
certification from the SJRWMD or Florida DER that
the direct connection to the groundwater table, as
proposed, will not significantly detract from the
quality of the groundwater. If the size of the
development project is below SJRWMD or DER
thresholds, this certification can be waived;
2. The site is not located on the primary sand ridge
or designated shallow aquifer recharge areas as
delineated on Figure 3.D.2 of the Natural
Groundwater Aquifer Recharge Sub -Element of the
County's Comprehensive Plan.
3. Littoral zones shall be provided in accordance with
Chapter 934 of this code.
4. All developments providing wet detention systems
having ponds greater than 1 acre in area at normal
pool elevation may use the stormwater run-off
contained in such pond(s) for irrigation purposes.
(e) Discharges from the development project shall be conveyed
to a point of legal positive outfall. Tailwater stages
of the receiving waters, must be taken into account in
design. Enlargement of existing downstream facilities
may be required.
(f) The bottom of dry retention areas shall be sloped at a
minimum .2% to a permeable drain. A dry detention area
shall have an outlet device, and shall not be lower than
the elevation of the off-site receiving channel or water
body.
(g) Where permitted, open drainage -ways shall retain natural
design characteristics and be so designed and protected
that they do not present a hazard to life or property.
The design shall include measures to protect against
scour and erosion and provide for stable side slopes.
Whenever possible, such waterways shall provide for
adequate flushing action by prevailing winds and currents
to ensure the prevention of stagnant water and debris
accumulation.
476
(h) Disposition of Stormwater Runoff - The stormwater
management system for developments located predominant-
ly on excessively drained soils shall maximize stormwater
infiltration. This shall be accomplished through the use
of bottomless inlets, perforated pipe, grading to retard
runoff, natural or artificial retention or detention
basins, or other methods, depending on the
characteristics of the land area. Specific guidelines
are as follows:
1. Areas and lots shall be developed to maximize the
amount of rainfall which is percolated into the soil
and to minimize direct overland runoff into adjoin-
ing streets and water courses. Stormwater runoff
from roofs and other impervious surfaces shall be
diverted into swales, or terraces on the lot.
2. Street drainage shall be by grassed swales or curb
and gutter in accordance with County specifica-
tions, provided all curb and gutter systems shall
discharge or direct water into or across a grassed
swale area or other filtering medium.
3. Whenever practical, as indicated by soil
characteristics, water table elevation, and
topography, the overflow from any swale used shall
be diverted to percolation areas, ponding areas or
natural or artificial seepage basins of sufficient
capacity to retain and provide for the maximum
infiltration of stormwater runoff from each drainage
area for the design storm. Temporary inundation of
parking areas is permissible.
4. Whenever practical, except in those development
projects where temporary ponding is allowable pursu-
ant to 930.07(1)(k), each percolation or retention
area shall include positive drainage facilities
which provide for drainage to public outfalls or a
lake, or watercourse, to handle the runoff from
storms of longer duration and severity than the
design storm.
5. The area surrounding retention or detention basins
is recommended to be used as public or private open
space and shall be grassed.
6. The Soil Survey of Indian River County, Florida,
published by the US Department of Agriculture :1987,
shall be the document to determine soil
classification in this chapter. Such soil
classification shall be modified by on-site testing
and engineering evaluation.
7. Flood routing analysis for all new local road
facilities shall show that the water elevation
477
(1)
shall at no time during the design storm duration
exceed an elevation that would:
a. permit flood water encroachment outside
existing drainage easements, or right-of-way
for a 3 year/24 hour duration storm
b. place more than 20% of the front or rear yard
area below the flood water elevation at any
time during the 10 year/24 hour duration
storm,
c. exceed 2" above the lowest elevation on the
centerline profile of the roadway for a 25
year/24 hour duration storm,
d. exceed the finished floor elevation of any
structure for a 100 year/3 day duration storm
for projects located in a flood hazard zone.
8. All new storm sewers discharging into any canal or
receiving water body shall be designed to convey
the permitted discharge after tailwater conditions
are considered.
9. All bridges will be designed to pass the 100 year/3
day storm event.
10. All culverts within all F.S. Chapter 298 Water
Control Districts' rights-of-way or easements shall
be approved by the Water Control District or shall
be designed according to the Water Control
Districts' published requirements prior to Land
Development Permits being issued or site plan
release.
11. In all subdivisions not having a centralized storm
water management system all side lot and rear lot
drainage swales shall be a minimum total of 20 feet
wide, 10 feet on each side of the lot line.
12. All new developments located in the shallow aquifer
recharge areas identified in Fig 3.D.2 of the
Natural Groundwater Aquifer Recharge Sub -Element of
the County's Comprehensive Plan shall retain the
increase in run-off volume resulting from a 25
year/24 hour storm event.
13. All slopes greater than 4 horizontal to 1 vertical
shall be sodded.
Material Specifications for Culverts and Storm Sewers.
The following pipe materials are acceptable:
478
(j)
1. Reinforced concrete pipe, bituminous coated
corrugated steel pipe, aluminum pipe, aluminum pipe
arch, bituminous coated structural plate steel pipe,
and bituminous coated steel pipe arch. Other pipe
materials may be used, if approved for the intended
use by the Florida Department of Transportation.
2. Workmanship and pipe materials shall conform to FDOT
Standard Specifications, latest edition.
3. FDOT approved pipe material shall be used under
County right-of-way pavement and into salt water
outfalls. Concrete for reinforced concrete box
culverts shall conform to FDOT Standard
Specifications, latest edition.
4. Inlets - Design and spacing of inlets shall be in
accordance with FDOT Standard Specifications, latest
edition or Indian River County Specifications.
Drainage Structures - All cross drains and storm sewers
shall have headwalls, flared -end sections, or terminating
structures in accordance with Indian River County
Specifications or FDOT Standard Specifications, latest
edition. Endwalls, inlets, or other appropriate
terminating and intermediate structures, and backflow
devices may be required where necessary. Exfiltration
systems shall be equipped with clean outs at all
terminating points.
(k) Temporary ponding is allowable in areas specifically
designed with high percolation rates (such as east of SR
A -1-A on the Barrier Island) so that ponding does not
last more than eight (8) hours. Temporary ponding in
parking lots is permissible, if of shallow depth.
(1) Materials used in drainage facilities which cross,
traverse, or encroach upon major roads as depicted on the
Indian River County Thoroughfare Plan shall be of FDOT
approved materials and designed for a fifty (50) year
life.
(m) All stormwater facilities shall be established in
dedicated stormwater management tracts, easements or
specified common areas. Condominium documents, deed
restrictions, or other legally binding instruments shall
describe the location of such areas, specifically define
the mechanism for preservation and maintenance of any
private drainage systems, and shall appoint an entity
responsible for maintenance and preservation. All
stormwater management tracts shall include a maintenance
area, with a slope not steeper than 8 foot horizontal to
1 foot vertical and a minimum of 15 feet wide, completely
around and outside the area submerged by the design storm
479
water elevation and connecting with an ingress -egress
easement, or public right-of-way, a minimum of 15 feet
wide, for access if lots or tracts are to be under
separate ownership. Common areas properly dedicated for
access and maintenance of drainage facilities will meet
this requirement if an owner's association is properly
established. Open channels and swales, shall have an
easement with a minimum 15 foot width for access and
maintenance. Retention and detention facilities above
and below the designed high water elevation shall be
graded to slopes not steeper than 4 foot horizontal to
1 foot vertical, or a properly designed retaining wall
shall be used. Dry retention slopes and wet retention
slopes above the design low water elevation shall be
grassed or otherwise stabilized. Retention or detention
ponds with any area having more than two feet of water
at design storm or permanent pool with the exception of
ponds, or lakes, in golf courses, public parks or in
developments in which the pond, or lake is designed to
serve as an aesthetic amenity to the development, shall
be fenced with a minimum 4 foot high fence.
(n) In watershed areas where the County has adopted a
Stormwater Management master plan, all proposed facili-
ties shall be in conformance with the adopted plan.
(o) Stormwater systems connected to F.S. Chapter 298 Water
Control Districts' facilities shall be designed to
discharge no more than the maximum discharge rate for
each respective basin and shall be compatible with the
objectives of each District.
(p) Rainfall runoff from roads, parking lots, roofs, and
other impervious surfaces shall be directed to areas
where percolation into the soil can be accomplished prior
to introduction into any off-site receiving facilities.
Pervious areas in the drainage path shall be covered with
grass or suitable ground cover which act as effective
filtering characteristics.
(q) The stormwater management system shall handle all
stormwater that flows into, through and from the project
without creating adverse impacts on other lands served
by the stormwater management system or by the receiving
waters relative to flooding, erosion hazards, or water
quality and quantity.
(r) No permit required by this chapter shall be issued for
any development project which is designed to discharge
directly into, or through an outfall discharging into
"Outstanding Florida Waters" designated by Florida
Statute 403.061(27), unless the system is designed in
accordance with the following criteria and the criteria
of the St. Johns River Water Management District, in
480
addition to all criteria otherwise stated by this
section:
1. Runoff from roads, parking lots, roofs, and other
impervious surfaces shall be directed to grass
swales prior to entering a detention system unless
off-line treatment or central treatment is provided.
2. The system shall be designed in a manner complying
with the requirements of Florida Administrative Code
Chapter 17-4.242, as amended from time to time, and
applicant shall provide FDER documentation and proof
of such compliance.
The applicant will demonstrate that the development
project is not in a Flood Hazard Zone.
1. A Flood Hazard Zone shall emcompass all lands
subject to inundation by the 100 year regulatory
flood including lands in Critical Flood Zone or
Coastal High Hazard Areas. Flood Hazard Zones,
Critical Flood Zones, Coastal High Hazard Areas and
flood elevation data may be identified through flood
hazard studies and delineated on the Flood Insurance
Rate Maps (FIRM) published by the Federal Emergency
Management Agency. Copies of the FIRM and
supporting data are incorporated by reference into
this chapter. As new or better information becomes
available, this chapter will be amended to
incorporate new maps and flood elevations and other
data. Current maps and supporting information may
be inspected at:
Indian River County Administration Building
Community Development Department
1840 25th Street
Vero Beach, F1. 32960-3394
a. A Critical Flood Zone shall be as defined in
the alphabetical listing in Chapter 901,
Definitions.
b. A Coastal High Hazard Area shall
in the alphabetical listing of
Definitions.
c. A Regulatory Floodway shall be
the alphabetical listing of
Definitions.
be as defined
Chapter 901,
as defined in
Chapter 901,
2. The Community Development Director shall obtain,
review and reasonably utilize any base flood
elevation and floodway data available from a
Federal, State, or other source, as criteria for
requiring that new construction, substantial
481
improvements, or other development in a Flood Hazard
Zone comply with the standards for flood protection
set forth in this chapter.
(t) Provisions Applying to Existing Development
1. When existing paved local roads are being
resurfaced, or rebuilt the crown of the road shall
be raised to a minimum elevation of the 2 year/24
hour storm event. The center two lanes of rebuilt
arterial and collector roads shall be at the minimum
elevation of the 10 year/24 hour storm event.
2. All sites currently developed, required for any
reason to get a major site plan approval, or
modification of an existing land development permit
must have a stormwater management system conforming
to Section 930.07(1)(a) for the area being re-
developed.
3. All sites being re -developed and required to obtain
major site plan approval, or modification of an
existing land development permit, shall meet the
water quality level of service as required in
Section 930.07(1)(c) for the area being re-
developed.
(2) Stormwater Management and Flood Protection Permit (Type B).
When a development project is determined to be within a Flood
Hazard Zone according to the procedure set forth in 930.07(1)(s),
a Type B Permit shall be required and the project shall be reviewed
under the criteria of 930.07(1) and 930.07(2)(d) through
930.07(2)(j) and must meet the following additional criteria;
(a) Zone A requirements.
1. All proposed construction and other developments
including the placement of manufactured homes,
within Zone A on the FIRM shall require a permit.
2. All necessary permits from those governmental
agencies from which approval is required by federal
or state law, including Section 404 of the Federal
Water Pollution Control Act Amendments of 1972, 33
U.S.C. 1334, shall be provided prior to the time
the proposed development is released by the
Community Development Department.
3. The Community Development Department shall review
all permit applications to determine whether the
proposed building sites will be reasonably safe from
flooding. If a proposed building site is in a
flood -prone area, all new construction and
substantial improvements shall
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a. be designed or modified and adequately anchored
to prevent floatation, collapse, or lateral
movement of the structure resulting from
hydrodynamic and hydrostatic loads, including
the effects of buoyancy;
b. be constructed with materials
flood damage;
c. be constructed by methods and
minimize flood damages, and;
resistant to
practices that
d. be constructed with electrical, heating,
ventilation, plumbing, and air conditioning
equipment and other service facilities that
are designed and/or located so as to prevent
water from entering or accumulating within the
components during conditions of flooding.
4. The Community Development Department and the Public
Works Department shall review subdivision proposals
and other proposed new development, including
manufactured home parks or subdivision, to determine
whether such proposals will be reasonably safe from
flooding. If a subdivision proposal or proposed new
development is in a flood -prone area, any such
proposals shall be reviewed to ensure that
a. all such proposals are consistent with the need
to minimize flood damage within the flood -
prone area;
b. all public utilities and facilities, such as
sewer, gas, electrical, and water systems are
located and constructed to minimize or
eliminate flood damage, and;
c. adequate drainage is provided to reduce
exposure to flood hazards.
d. Sewage treatment and potable water supply
systems must be designed and located to prevent
inflow or contamination of surface waters up
to the Base Flood Elevations. Electrical and
communications utilities must be designed to
avoid flood damage up to the Base Flood Eleva-
tion.
5. Within flood -prone areas new and replacement water
supply systems shall be designed to minimize or
eliminate infiltration of flood waters into the
systems.
6. Within flood -prone areas;
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a. new and replacement sanitary sewage systems
are required to be designed to minimize or
eliminate infiltration of flood waters into
the systems and discharges from the systems
into flood waters, and;
b. on-site waste disposal systems are required to
be located to avoid impairment to them or
contamination from them during flooding.
7. All new subdivision proposals and other proposed
developments (including proposals for manufactured
home parks and subdivisions) greater than 50 lots
or 5 acres, whichever is the lesser, shall include
within such proposals base flood elevation data.
8. The Community Development and Public Works
Departments shall obtain, review, and reasonably
utilize any base flood elevation and floodway data
available from a Federal, State, or other source,
including data developed pursuant to subsection
930.07(2)(a)7. above, as criteria for requiring that
new construction, substantial improvements, or other
development in Zone A on the County's FIRM meet the
standards in subsections and (2)(b)2., (2)(b)3.,
(2)(b)5., (2)(b)11. (2)(c) 13., and (2)(c)3. of this
section, however, in no case shall such development
within a Flood Hazard Zone be less than eighteen
(18) inches above the crown of the road or elevation
required by the Indian River County Health
Department.
9. Where base flood elevation data are utilized, within
Zone A on the FIRM, the Community Development
Department shall
a. obtain the elevation (in relation to mean sea
level) of the lowest floor (including basement)
of all new and substantially improved
structures, and;
b. obtain, if the structure has been flood -
proofed in accordance with subsection
(2)(b)3.b of this section, the elevation (in
relation to mean sea level) to which the
structure was flood -proofed, and;
c. maintain a record of all such information.
10. The Public Works Department shall notify adjacent
communities and the State Coordinating Office prior
to any alteration and relocation of a water course
in riverine situations, and submit copies of such
484
notifications to the Administrator of the Federal
Insurance Administration.
11. The Public Works Department shall ensure that the
flood -carrying capacity within the altered or
relocated portion of any watercourse is maintained.
The velocity of the base flood must not be adversely
altered on any watercourse.
12. The Community Development Department shall require
that all manufactured homes to be placed within Zone
A on the FIRM shall be installed using methods and
practices which minimize flood damage. For purposes
of this requirement, manufactured homes must be
elevated and anchored to resist floatation,
collapse, or lateral movement. Methods of anchoring
may include, but are not to be limited to, use of
over -the -top or frame ties to ground anchors. This
requirement is in addition to applicable State and
other local anchoring requirements for resisting
wind forces.
(b) Zones A1-30, AE, A, AH, and AO zone requirements.
1. All development within zones designated A1-30, AE,A,
AH, and AO on the County FIRM shall meet all the
standards of Zone A requirements set out in
930.07(2)(a)1. through 12. above.
2. All new construction and substantial improvements
of residential structures within Zones A1-30, AE,
and AH on the County FIRM shall have the lowest
floor (including basement) elevated to or above the
base flood level.
3. All new construction and substantial improvements
of nonresidential structures within Zones A1-30, AE
and AH on the County's FIRM shall
a. have the lowest floor, including basement,
elevated to or above the base flood level, or;
b. together with attendant utility and sanitary
facilities, be designed so that any area below
the base flood level of the structure is
watertight with walls substantially impermeable
to the passage of water and with structural
components having the capability of resisting
hydrostatic and hydrodynamic loads and effects
of buoyancy.
c. Flood -proofing measures must be operable
without human intervention and without an
outside source of electricity.
485
4. Where a nonresidential structure is intended to be
made watertight below the base flood level;
a. a registered professional engineer or architect
shall develop and/or review structural design,
specifications, and plans for the construction,
and shall certify that the design and methods
of construction are in accordance with accepted
standards of practice for meeting the
applicable provisions of 930.07(2)(b)3. a.,
b.& c. or 930.07(2)(b)8. a. & b. and;
b. a record of such certificates which includes
the specific elevations (in relation to mean
sea level) to which such structures are flood -
proofed shall be maintained by the Community
Development Director.
5. All new construction and substantial improvements,
that fully enclose areas below the lowest floor that
are subject to flooding shall be designed to
automatically equalize hydrostatic flood forces on
exterior walls by allowing for the entry and exit
of floodwaters. Designs for meeting this
requirement must either be certified by a registered
professional engineer or architect or meet or exceed
the following minimum criteria: a minimum of two
openings having a total net area of not less than
one square inch for every square foot of enclosed
area subject to flooding shall be provided. The
bottom of all openings shall be no higher than one
foot above grade. Openings may be equipped with
screens, louvers, valves, or other coverings or
devices provided that they permit the automatic
entry and exit of floodwaters.
6. All manufactured homes to be placed or substantially
improved within Zones A1-30, AH, and AE of the
County's FIRM shall be elevated on a permanent
foundation such that the lowest floor of the
manufactured home is at or above the base flood
elevation; and be securely anchored to an adequately
anchored foundation system in accordance with the
provisions of 930.07(2)(a)12. and Section 15C - 1.10
F.A.C.. Manufactured homes must not be installed in
a regulatory floodway or Coastal High Hazard Area.
7. Within any AO zone on the County's FIRM, all new
construction and substantial improvements of
residential structures shall have the lowest floor
(including basement) elevated above the highest
adjacent grade, at least as high as the depth number
specified in feet on the County's FIRM (at least two
486
feet if no depth number is specified). Highest
adjacent grade shall mean the highest natural
elevation of the ground surface prior to
construction next to the proposed wall of the
structure.
8. Within any AO zone on the County's FIRM, all new
construction and substantial improvements of
nonresidential structures shall
a. have the lowest floor (including basement)
elevated above the highest adjacent grade at
least as high as the depth number specified in
feet on the County's FIRM (at least two feet
if no depth number is specified) or;
b. together with attendant utility and sanitary
facilities be completely flood -proofed to that
level to meet the flood -proofing standard
specified in 930.07(2)(b)3.a. & b.
9. Within any A99 zones on the County's FIRM the
standards of (2)(a)1. thru (2)(a)4.a and (2)(a)9.
thru (2)(a)12. of this section shall be met and all
proposed construction, or other development
including the placement of manufactured homes, shall
be required to obtain permits so that the Community
Development Department may determine whether such
construction or other development is proposed within
flood -prone area.
10. Within Zones AH and AO, adequate drainage paths
around structures on slopes to guide flood waters
around and away from proposed structures are re-
quired.
11. All manufactured homes to be placed or substantially
improved within Zones A1-30, AH, and AE on the
community's FIRM shall be elevated on a permanent
foundation such that the lowest floor of the
manufactured home is at or above the base flood
elevation; and be securely anchored to an adequately
anchored foundation system in accordance with the
provisions of paragraph 930.07(2)(a)12 of this
section. This paragraph applies to manufactured
homes to be placed or substantially improved in an
expansion to an existing manufactured home park or
subdivision. This paragraph does not apply to
manufactured homes to be placed or substantially
improved in an existing manufactured home park or
subdivision except where the repair, reconstruction,
or improvement of the streets, utilities and pads
equals or exceeds 50 percent of the value of the
streets, utilities and pads before the repair,
reconstruction or improvement has commenced.
487
12. Notwithstanding any other provisions of 930.07(2),
a community may approve certain development in Zones
A1-30, AE, and AH, on the community's FIRM which
increase the water surface elevation of the base
flood by more than one foot, provided that the
community first applies for a conditional FIRM
revision, fulfills the requirements for such a
revision as established under the provisions of 44
Code of Federal Regulations (CFR) 65.12, and
received the approval of the Administrator of the
Federal Insurance Administration.
13. Floodway Provisions
a. The Public Works Department shall utilize final
flood elevations within Zones A1-30 and/or AE
on the County's FIRM to designate its
regulatory floodway by selecting and adopting
a regulatory floodway based on the principle
that the area chosen for the regulatory
floodway must be designed to carry the water
of the base flood, without increasing the
water surface elevation of that flood more than
one foot at any point.
b. Encroachments, including fill, new
construction, substantial improvements, and
other development within the adopted regulatory
floodway that would result in any increase in
flood levels within the county during the
occurrence of the base flood discharge shall
be prohibited.
c. Notwithstanding any other provisions of
930.07(2), a community may permit encroachments
within the adopted regulatory floodway that
would result in an increase in base flood
elevations, provided that the community first
applies for a conditional FIRM and floodway
revision, fulfills the requirements for such
revisions as established under the provisions
of 44 CFR 65.12 and receives the approval of
the Administrator of the Federal Insurance
Administration.
(c) Zone V1-30, VE, and V requirements.
1. The Community Development Department shall require
developments within Zones V1-30, VE and V on the
County's FIRM to meet the requirements of (2)(b)1.
through (2)(b)13.
2. The Community Development Department shall, within
Zones V1-30, VE and V on the County's FIRM,
488
a. obtain the elevation (in relation to mean sea
level) of the bottom of the lowest structural
member of the lowest floor (excluding pilings
and columns) of all new and substantially
improved structures, and whether or not such
structures contain a basement, and;
b. maintain a record of such information with the
Community Development Director.
3. All new construction within Zones V1-30, VE, and V
on the County's FIRM must be located landward of
the reach of mean high tide.
4. All new construction and substantial improvements
in Zones V1-30 and VE, and also Zone V if base flood
elevation data is available on the County's FIRM,
must be elevated on pilings and columns so that
a. the bottom of the lowest horizontal structural
member of the lowest floor (excluding the
pilings and columns) is elevated to or above
the base flood level, and;
b. the pile or column foundation and structure
attached thereto must be anchored to resist
flotation, collapse, and lateral movement due
to the effects of wind and water loads acting
simultaneously on all building components.
Wind and water loading values shall each have
a one percent chance of being equalled or
exceeded in any given year (100 -year mean
recurrence interval).
c. A registered professional engineer or architect
shall develop or review the structural design,
specifications, and plans for the construction,
and shall certify that the design and methods
of construction to be used are in accordance
with accepted standards of practice for meeting
the provisions of a. and b. above.
5. All new construction and substantial improvements
within Zones V1-30, VE and V on the County's FIRM
shall have the space below the lowest floor either
free of obstruction or constructed with non -
supporting breakaway walls, open wood lattice -work,
or insect screening intended to collapse under wind
and water loads without causing collapse,
displacement, or other structural damage to the
elevated portion of the building or supporting
foundation system. For the purposes of this
section, a breakaway wall shall have a design safe
loading resistance of not less than 10 and no more
489
than 20 pounds per square foot. Use of breakaway
walls which exceed a design safe loading resistance
of 20 pounds per square foot (either by design or
when so required by local or state codes) may be
permitted only if a registered professional engineer
or architect certifies that the designs proposed
meet the following conditions:
a. breakaway wall collapse shall result from a
water load less than that which would occur
during the base flood, and;
b. the elevated portion of the building and
supporting foundation system shall not be
subject to collapse, displacement, or other
structural damage due to the effects of wind
and water loads acting simultaneously on all
building components (structural and non-
structural). Maximum wind and water loading
values to be used in this determination shall
each have one percent chance of being equalled
or exceeded in any given year (100 -year mean
recurrence interval). Such enclosed space shall
be useable solely for parking of vehicles,
building access, or storage.
6. The use of fill for structural support of buildings
within Zones V1-30, VE, and V on the County's FIRM
is prohibited.
7. Beach dune type fill may be placed beneath the
structure provided that the fill would not enhance
erosion on neighboring property and is designed to
be compatible with surrounding topography and does
not result in lateral forces for which the
foundation has not been designed.
8. Man-made alteration of sand dunes and mangrove
stands within Zones V1-30, VE and V on the County's
FIRM which would increase potential flood damage is
prohibited.
(d) Except for those development projects within the 100 -
year flood plain along the Indian River, and for sub-
divided lots of less than one-half acre in area that
existed prior to July 1, 1990 and for which a cut and
fill balance was not provided an equal volume of storage
capacity must be created for any volume of the base flood
that would be displaced by fill or structures. At such
time as the County may create or cause to be brought in
to existence a storm water utility, or other entity
charged with managing drainage concerns the requirements
of this section will apply for lots less than one-half
acre in area existing prior to July 1, 1990, if the
utility or entity has the authority to compensate for
490
fill added in flood plains by administering a program
that causes compensation for fill added on individual
lots to be mitigated by contribution to an off site
mitigation fund for a central facility, or facilities,
owned by the County, the stormwater utility, or other
entity. For those development projects within the 100 -
year flood plain of the Indian River, an equal volume of
storage capacity must be created for any volume of the
base flood that would be displaced by fill or structures
below elevation 4.0 feet. NGVD or the 10 -year Flood
elevation which has been determined by FEMA, whichever
is greater. Provided, however, that the Board of County
Commissioners may, in its discretion, grant a waiver from
the provisions of this subsection upon the affirmative
showing of the applicant, by means of a competent
engineering study, that the development project is
situated in an estuarine environment and that the
development project, as designed, will meet all other
requirements of the Stormwater Management and Flood
Protection Chapter and will not create a material adverse
impact on flood protection on other lands in the
estuarine environment. No structure or fill
shall be permitted within the limits of the floodway of
the St. Sebastian River, South Prong except as per
930.07(2)(b)13.c provides.
(e) No development will be allowed that poses a significant
threat of releasing harmful quantities of pollutants to
surface waters or groundwaters during flooding.
(f) All construction within the Indian River County Coastal
Building Zone shall be in compliance with Chapter 402 of
this Code, Coastal Construction Code.
(g) If fill is used for foundation support, the elevation of
the soil support shall not be greater than that which
would result from the erosion reasonably anticipated as
a result of the design storm conditions.
(h) If any lot in a residential subdivision lies within a
Flood Hazard Zone, then the following additional
standards apply to approval of the plat:
1. Each lot must include a site suitable for
constructing a residential building in conformity
with the standards of this chapter.
2. One or more elevation benchmarks must be established
and indicated on the plat. Said elevations must be
referenced to the NGVD (1929) and shall be
calculated to within 0.1 feet.
3. All prospective agreements for deed, purchase
agreements, leases or other contracts for sale or
491
exchange of lots within the Flood Hazard Zone and
all prospective instruments conveying title to lots
within the Flood Hazard Zone must carry the
following flood hazard warning prominently displayed
on the document:
FLOOD HAZARD WARNING
"This property may be subject to flooding
during a 100 year base flood event. You
should contact local building and zoning
officials and obtain the latest information
regarding flood elevations and restrictions
on development before making plans for the
use of this property."
(i) All roads shall be set at or above the ten year flood
elevation, but in no case shall a road be constructed at
an elevation below five feet above sea level. All roads
shall be designed to maintain drainage flow beneath the
road bed so that equalization may occur.
(j)
If the development project is in a Critical Flood Zone, it
must be demonstrated, in addition to compliance with
930.07(2), that:
1. The elevation or velocity of the base flood will not
be increased as a result of any obstruction or
displacement of flood waters.
2. There is no significant threat of releasing quantities
of pollutants which have the effect of degrading water
quality below standards established in Florida
Administrative Code Chapter 17-3, as amended from time
to time, to surface or groundwater during the base
flood.
3. The capacity of the Critical Flood Zone to store and
convey surface waters or perform other significant
water management functions will not be impaired.
(3) Stormwater Management and Flood Protection Permit (Type C)
A Type "C" Permit or Flood Protection Permit is required prior
to the construction of an individual detached single family
residence, duplex residence or accessory structure which is
located in a Flood Hazard Zone as defined in 930.07(1)(s) The
Type "C" Permit shall be issued upon the applicant demonstrating
compliance with 930.07(2)(a) through (j).
Section 930.08 Required Information for Permit Applications
(1) Type A Permit - A detailed description and drawing (scale 1" =
50' or larger) of the proposed stormwater management system
shall be submitted to the Community Development Director by a
492
Florida registered engineer or, for any development project
constructed on a site of 1.00 acre or less, a Florida registered
architect as long as any engineering service involved in the
design is purely incidental to the architect's practice, as
provided for in Florida Statutes §481.229, as may be amended
from time to time. The following information shall be required:
(a) Hydrologic data including design rainfall, project drainage
area, tributary offsite drainage area, percolation tests,
existing and proposed impervious area and soil
characteristics including depth to wet season high water
table. Soil boring at four hundred (400') feet spacing to
a depth of six (6') feet shall be provided. Alternate
representative soil profiles may be used if approved in
writing by the Public Works Director and if demonstrated
to be from a reliable and generally recognized source. A
one foot interval contour topographic map of development
area including offsite area of sufficient size to indicate
the general neighboring elevations, drainage patterns and
transition grades shall be provided. Justification for wet
season water table assumptions shall be provided.
(b) Hydrologic calculations for determining existing and
proposed stormwater runoff.
(c) Hydraulic data including receiving water stages, stage-
storage and stage-discharge data for proposed retention
and/or detention facilities, and percolation test data as
per the following procedure:
1. The test holes shall be located as close as possible
to the proposed location of exfiltration trench or
other percolation facility (vertical and horizontal)
and, if critical, to a depth two (2') feet below the
water table at the time of the test.
2. A hole for each test of approximately twelve (12")
inches diameter (or as required for a maximum
clearance of one-half (}") inch between the hole and
test casing) is excavated to the required depth and
the casing is lowered into the hole with a minimum of
twelve (12") inches extending above the surface of the
grade.
3. The test casing shall consist of a pipe that is a
least eight (8") inches in diameter with perforations
in approximately the bottom seventy-five (75%) percent
of the length as measured from the surface. The
bottom of the casing shall be pointed. Exfiltration
increments shall be measured with a suitable gauging
device.
493
4. Fill the test bore to six (6") inches above the
surface of the existing grade and run the test no
later than two (2) hours after the level has
exfiltrated to below surface of existing grade. In
all cases test runs are to start only after the first
two (2") inches have exfiltrated. If a dry season
condition exists, the test shall begin when the soil
is moist and a wet season is simulated.
5. Run tests for at least thirty (30) minutes and record
at least the date, weather, project name, name of
person conducting test, test number, location on site,
sketch of hole and casing, groundwater conditions,
incremental drop and time, and subsurface soil
information. Information shall be tabulated and
attested to by a registered professional engineer,
licensed to practice in the State of Florida. The
County Public Works Department reserves the right to
witness the test procedure. Exfiltration rates for
designing the site drainage facilities shall be deter-
mined by the developer's engineer from these tests
based on percolation rate experienced at the elevation
of the proposed system using a safety factor of 2 or
greater. Alternate percolation or permeability tests
procedures may be used if approved in writing by the
Public Works Department prior to their use.
(d) Hydraulic calculations for sizing channels, culverts,
inlets, retention/detention ponds, pond discharge
structures, and determining discharge rates and maximum
water surface elevations.
(e) Erosion and Sedimentation Control Plans, during and after
construction.
(f) Statement of all assumptions and reference sources used in
conduct of the study.
(g) A certificate from a professional engineer licensed in the
State of Florida that the soils are suitable and proper for
the uses and purposes of the proposed development in a wet
season condition; or submission of a plan calling for the
removal and replacement of unsatisfactory soils. If the
applicant submits a plan for removal and replacement of
soils, the applicant shall submit a certificate from a
professional engineer after the removal and replacement of
soils have been completed, stating the new soils are
suitable and proper for the uses and purposes of the
proposed development. Such certificate shall be furnished
to the Public Works Director prior to the issuance of a
certificate of completion.
(h) Where percolation is proposed, at least one boring per
basin shall be submitted. Said borings shall be to a depth
of twenty (20') feet below the invert of the basin or to
494
(1)
(j)
a depth sufficient to locate the groundwater table or
impervious soil layer.
A general description of the manner in which the stormwater
management system is to be maintained, indicating who or
what entity shall be responsible and by what method the
responsibility shall be created and documented.
A list of all agencies (State, Federal or local) having
permit jurisdiction for the project. A copy of all state,
local, SJRWMD, and Federal permits shall be submitted prior
to issuance of a building permit. In cases where a surface
water management permit is required from the SJRWMD,
identical plans and calculations shall be submitted for
review and coordination between the County and the SJRWMD.
(2) Type B Permit and Type C Permit - In addition to the information
required for Type A permits in Sub -section 930.08(1) of this
chapter, an applicant for a Type B Permit shall submit to the
Community Development Director all information showing
compliance with 930.07(2) of this chapter, and the following:
Elevation in relation to mean sea level of the proposed
lowest floor (including basement) of all structures.
Elevation in relation to mean sea level to which any non-
residential structure will be flood -proofed.
Provide a certificate
professional engineer or
structure and site work
criteria set forth in this
from a Florida registered
architect that the proposed
design meets the applicable
chapter.
Description of the extent to which any watercourse will be
altered or relocated as a result of proposed development.
An applicant for a type "C" permit shall submit all
information showing compliance with 930.07(2) of this
chapter and all information required in 930.08(2)(a)
through (d).
Section 930.09 REQUIRED INFORMATION TO BE SUBMITTED BY
TYPE B AND C PERMIT APPLICANTS AFTER ISSUANCE OF
PERMIT.
Applicants receiving Type B or Type C Permits shall provide to
the Community Development Director a flood elevation or flood -
proofing certification after the lowest floor is completed, or
in instances where the structure is in a Coastal High Hazard
Area, after placement of the horizontal structural members of
the lowest floor. Within twenty-one (21) calendar days of
establishment of the lowest floor elevations, or flood -proofing
by whatever construction means, or -='3on placement of the
horizontal structural members of the lowest floor, whichever is
495
applicable, it shall be the duty of the permit holder to submit
to the Community Development Director, a certification of the
elevation of the lowest floor, flood -proofed elevation, or the
elevation of the lowest portion of the horizontal structural
members of the lowest floor, whichever is applicable, as built,
in relation to mean sea level. Said certification shall be
prepared by, or under the direct supervision of, a registered
land surveyor or professional engineer and certified by same.
When flood -proofing is utilized for a particular building, said
certification shall be prepared by or under the direct
supervision of a professional engineer or architect and
certified by same. Any work done within the twenty-one (21)
calendar day period prior to submission of the certification
shall be at the permit holder's risk. The Community Development
Director shall review the Flood Elevations Survey data submitted
and shall respond promptly as to any deficiencies noted.
Deficiencies detected by such review shall be corrected by the
permit holder immediately and prior to further work being
permitted to proceed. Failure to submit the survey, or failure
to make said corrections required hereby, shall be cause to
issue a stop -work order for the project.
Section 930.10 PERMIT APPLICATION AND REVIEW PROCEDURES
(1) Preliminary Permit Application - any person who is in doubt as
to whether a proposed activity requires a permit under this
chapter may request a review by the Community Development
Department upon completion of a preliminary application form
supplied by the Department. No fee shall be charged for
preliminary application. The preliminary application form shall
be filed by the owner/applicant and shall contain the following
elements:
(a) A location map.
(b) A statement and sketch expressing the intent and scope
of the proposed project.
(c) Review - The completed preliminary application shall
be submitted to the Community Development Director to
be reviewed by the Community Development Director and
the Public Works Director. Within ten (10) working
days after submission of the completed preliminary
application, the Community Development Director will
notify the applicant that either the project is
approved, is exempt, or a formal permit application
must be filed for the project.
(2) Type A or B Permit Application - If a Type A or Type B Permit
is required for the project, the applicant shall furnish all
required stormwater management information, together with flood
protection information, if applicable, to the Community
Development Director on forms furnished by the Department. The
requirements of this chapter shall be reviewed during the site
496
(3)
plan or subdivision review processes if the project would
otherwise require site plan or subdivision review. If such
review is not otherwise necessary, the Department shall review
the application and render a decision as to whether the
requirements of this chapter are met within fifteen (15) working
days.
Type C Permit Application - If a Type C Permit is required for
the project, the applicant shall furnish all necessary flood
protection information to the Community Development Director on
forms furnished by the Department. The applicant shall be
reviewed within ten (10) working days of receipt of the
application or at the time of consideration of the request for
a zoning permit, whichever first occurs.
Section 930.11 ADMINISTRATIVE DUTIES
(1) Stormwater Management:
Duties of the Public Works Director:
The Public Works Director shall perform the following specific
duties:
(a) Make all professional engineering determinations required
with respect to analysis of any given application.
(b) Approve any changes or amendments to an approved stormwater
management plan.
(c) Provide courtesy notice as to the general description and
location of newly constructed wet or dry retention
facilities to the Indian River County Mosquito Control
District.
(d) After the completion of a project, require as -built plans
from the owner or applicant and a Certificate of Completion
from the Engineer of Record.
(e) Any system required by this chapter shall be maintained by
the owner, successor owners, or an entity designated by the
owner except that the Director may accept certain systems
for County maintenance. The selection of critical areas
or structures to be maintained by the County shall be
recommended to the Board of County Commissioners by the
Director. A11 areas or structures to be maintained by the
County must be dedicated to the County by plat or separate
instrument and expressly accepted by the Board of County
Commissioners. For any system which is to be maintained
by a party other than the County, easements shall be
established which permit the County to inspect and if
necessary, as determined by the County, to take corrective
action should the party fail to properly maintain the
system. Such easements shall also establish a right of
entry for the Indian River County Mosquito Control District
497
for the limited purpose of inspection, prevention, or
treatment of mosquito infestations, as allowed by law.
Should a party fail to properly maintain a system as
required, the Director shall give such party written notice
of the nature of the corrective action necessary. Should
the party fail, within thirty (30) days from the date of
the notice to take, or commence taking, corrective action
to the satisfaction of the Director, the County may enter
upon lands, take corrective action and the cost of such
corrective action shall become a lien on the property
benefitted.
(2) Flood Protection Management:
Duties of the Community Development Director:
The Community Development Director shall have authority to
administer this chapter, and shall perform the following
specific duties:
(a) Determine any additional information that must be submitted
for flood management review.
(b) Review applications for compliance with the standards of
this chapter after input from the Public Works Director and
the County Attorney as to those matters within their
professional disciplines; and either approve, approve with
conditions, or deny the application based on that review.
If application approval is denied, the Community
Development Director shall state the reasons; however, it
is not the responsibility of the Community Development
Director to design an acceptable development.
(c) Maintain a record of the actual, "as -built" elevation or
flood -proofing of all buildings constructed after flood
management review.
(d) Coordinate the review with other permitting agencies, if
necessary.
(e) Notify adjacent communities, the St. Johns River Management
District and the State of Florida Department of Community
Affairs prior to alternation or relocation of a watercourse
and provide a copy of such notification to the Federal
Insurance Administrator.
(f) Maintain a record of all variances, including justification
for their issuance, and submit a copy annually to the
Federal Insurance Administrator.
(g) Interpret the boundaries of Critical Flood Zones, Flood
Hazards Zone and Base -Flood Elevations and interpret the
boundaries drawn on the FIRM to reconcile elevation data
and field conditions.
498
(h) Issue notice of violation and otherwise enforce this
chapter.
Section 930.12 APPEAL PROCEDURE
(1) Duties of the Board of Zoning Adjustments - The Board of Zoning
Adjustments shall have the following duties in administering
this chapter:
(a) Upon appeal by the developer, review decisions of the
Community Development Director regarding interpretations
of this chapter, providing the appeal is filed in writing
within thirty (30) days of the action which is appealed.
(b) Issue variances from the standards of this chapter when all
variance criteria are met.
(2) Variance - The Board of adjustments may grant a variance from
the standards of this chapter if the following conditions are
satisfied:
(a) The applicant meets the requirements of Chapter 902
Administration Mechanisms, and
(b) Granting the variance will not result in an increase in the
elevation of the Base Flood, additional threats to public
safety, extraordinary public expense, the creation of
nuisances, fraud or victimization of the public, or the
creation of conflicts with other chapters.
(c) No variance will be granted allowing a development that
would increase flood damage on other property unless
flowage easements have been obtained from the owners of all
affected property. In no case, however, will a variance
be granted that would increase the elevation of the Base
Flood more than one foot. Any applicant to whom a variance
is granted shall be given written notice specifying the
exact nature of the variance.
Section 930.13 NOTICE
(1) In the event the Community Development Director determines a
violation exists, a written notice of violation shall be issued
to the owner of the property. The notice shall contain:
(a) The name and address of the owner.
(b) The street address when available or a description of the
building or land upon which the violation is occurring.
(c) A statement specifying the nature of the violation.
(d) A description of the remedial actions necessary to bring
the development activity into compliance and a time
schedule for completion of such remedial action.
499
(e) A statement of the penalty or penalties that may be
assessed against the person to whom the notice of violation
is directed.
(f) A statement that the Community Development Director's
determination of violation may be appealed to the Board of
Zoning Adjustments by filing a written notice of appeal
within thirty (30) days of service of notice of violation.
(2) The notice of violation shall be served upon the person(s) to
whom it is directed either personally, in the manner provided
for personal service of notices by the court of local
jurisdiction, or by mailing a copy of the notice of violation
by certified mail, postage prepaid, return receipt requested to
such person at his or her last known address.
930.14 VESTED RIGHTS
This chapter shall not limit the vested rights of any person to
complete any development project for which approval was properly
granted based upon prior law, where such previous approval
remains in effect. The County Commission may acknowledge vested
rights in other circumstances where it is equitable and just.
storm917.ord
RDC/rt
500
Chapter 931
Wellfield and Aquifer Protection
Sec. 931.01 Short Title, Applicability
Sec. 931.02 Legislative Intent
Sec. 931.03 Definitions
Sec. 931.04 Maps of Public Water Supply Wells
Sec. 931.05 Prohibited Activities
Sec. 931.06 Protection of Future Public Water Supply Well Sites
Sec. 931.07 Exemptions
Sec. 931.08 Surficial Aquifer Primary Recharge Overlay District
Sec. 931.09 Abandoned Flow Well Plugging Requirement
Sec. 931.10 Enforcement and Penalties
Section 931.01 Short Title; Applicability
(1) This chapter shall be known as the "Indian River County Public
Wellfield and Aquifer Protection Ordinance".
(2) All provisions of this chapter shall be effective within the
unincorporated areas of Indian River County, Florida, and shall
set restrictions, constraints and prohibitions on inappropriate
development and land use to protect existing and future public
water supply wells from degradation by contamination from
deleterious substances. The provisions of this chapter shall
apply to all public wells supplying potable water by public
utilities. "Public utilities" refers to the service of twenty-
five (25) or more individuals daily, for at least sixty (60)
days per year, with a minimum withdrawal capacity of 100,000
gallons per day. The provisions of this chapter shall also apply
to the Surficial Aquifer Primary Recharge Overlay District
(SAPROD) as established herein.
Section 931.02 Legislative Intent
(1) The intent and purpose of this chapter is to protect and
safeguard the health, safety, and welfare of the citizens of
Indian River County, Florida, by providing criteria for
restricting deleterious substances and contaminants, and for
regulating the design, location and operation of development,
land uses and activities which may impair existing and future
public water supply wells.
(2) The prohibitions of this ordinance shall not apply to:
(a) Residential activity, except as set out in Section
931.05(2); and
(b) Nonresidential activity which has received prior
development approval as set out in the exemptions in
Section 931.07(1)(h).
501
Section 931.03 Definitions
All terms defined in Chapter 901, of the Code of Laws and Ordinances
of Indian River County are applicable in this chapter.
Section 931.04 Maps of Public Water Supply Wells
(1) Regulated Areas (as defined in Chapter 901) pertaining to public
wellfield protection shall be shown on the maps described in
Section 931.04(2), as adopted by the Board, and incorporated
herein by this reference. These maps shall be maintained by the
Community Development Department, and copies shall be provided
to the Indian River County Public Health Unit, Treasure Coast
Regional Planning Council, St. John's River Water Management
District, and any other agency requesting said maps.
(2) The Regulated Area Maps shall illustrate existing and future
public water supply wells and their zones of protection on
zoning maps on file in the Community Development Department.
(3) The Regulated Area Maps shall be reviewed annually and, if
necessary, updated. Any amendments, additions or deletions
shall be adopted by the Board by ordinance and shall be shown
on the Regulated Area Maps.
Section 931.05
Prohibited Activities/Land Uses
(1) Any nonresidential
uses any regulated
prohibited within
Section 931.07.
(2) The following uses
regulated areas:
land use which stores, handles, produces or
substances (as defined in Chapter 901) is
regulated areas unless exempt pursuant to
or structures are also prohibited within
The location of septic systems within two hundred (200)
feet of a public water supply well, unless otherwise
approved by DER or HRS;
The location of stormwater wet retention/detention areas,
as defined by SJRWMD, within three hundred (300) feet of
a public water supply well, unless otherwise approved by
SJRWMD;
(c) The location of wastewater treatment plant effluent
discharges, including but not limited to, percolation
ponds, surface water discharge, spray irrigation, or
drainfields, within five hundred (500) feet of a public
water supply well, unless otherwise approved by DER;
(d) The location of a landfill and/or collection center within
five hundred (500) feet of a public water supply well;
502
(g)
The location of feed lots or other concentrated animal
facilities within five hundred (500) feet of a public water
supply; and
The location of any mining and/or excavation of waterways
or drainage facilities which intersect the water table
within one thousand (1000) feet of a public water supply
well;
The location of underground or above ground stationary
tanks containing regulated substances, including fuel
storage tanks, within five hundred (500) feet of a public
water supply.
Section 931.06 Protection of Future Public Water Supply Well
Sites
(1) The prohibitions and restrictions set forth in this chapter,
and any regulations promulgated pursuant thereto, shall apply
to any future public water supply well sites adopted by the
Board of County Commissioners by resolution, provided, however,
that the restrictions shall not apply to residential or
nonresidential land uses that have received development approval
prior to the effective date of the resolution.
Section 931.07 Exemptions
(1) The following activities or land uses shall be exempt from the
regulated area prohibition set forth in Section 931.05(1).
(a) Exemption for public potable water facilities. Public
potable water facilities shall be exempt regarding the
routine operation and maintenance of potable water systems.
This exemption does not apply to land uses involving the
maintenance and refueling of vehicles or
the storage of regulated substances.
(b) Exemption for continuous transit and deliveries. The
transportation of any regulated substance through regulated
areas, provided the regulated substances are not being
stored, handled, produced, or used within the regulated
area in violation of this chapter, and thedelivery of
regulated substances to nonresidential land uses that have
received development approval (as defined in Chapter 901)
prior to the effective date of this chapter, provided that
these land uses require such substances for the continued
operation and maintenance of the land uses as approved.
(c) Exemption for vehicular fuel and lubricant use. The use
in a vehicle of any regulated substance, solely as
operating fuel in that vehicle or as lubricant in that
vehicle.
503
(d) Exemption for application of pesticides, herbicides,
fungicides, and rodenticides. The application of those
regulated substances used as pesticides, herbicides,
fungicides, and rodenticides in recreation, agriculture,
pest control, and aquatic weed control activities provided
that:
1. In all regulated areas the application is in strict
conformity with the use requirement as set forth in
the EPA registries for substances and as indicated on
the containers in which the substances are sold; and
2. In all regulated areas the application is in strict
conformity with the requirements as set forth in
chapters 5E-2 and 5E-9, Florida Administrative Code.
This exemption applies only to •the application of
pesticides, herbicides, fungicides, and rodenticides.
(e) Exemption for the use of fertilizers containing any form
of nitrogen. The use of fertilizers containing any form
of nitrogen provided that:
1. For nonresidential recreational areas, including
private golf courses, the application of nitrogen
containing materials shall be in accordance with
manufacturer's directions or recommendations of the
Indian River County Agricultural Extension Agent,
provided, however, the amount of fertilizer applied
shall not exceed forty (40) pounds of nitrogen per
acre per month average for the total area or two (2)
pounds per thousand (1000) square feet per month for
any localized area within the activity.
Notwithstanding, the amount of applied fertilizer
shall not exceed two hundred (200) pounds of nitrogen
per acre per year.
2. For agricultural areas, the application of nitrogen -
containing materials shall be in accordance with
manufacturer's directions or recommendations of the
Indian River County Agricultural Extension Agent.
3. For nonresidential landscape areas, the application
of nitrogen -containing materials shall be in
accordance with manufacturer's directions or
recommendations of the Indian River County
Agricultural Extension Agent on areas of ten thousand
(10,000) square feet or less.
(f) Exemptions for existing retail sale and wholesale
activities. Retail sale and wholesale establishments in
regulated areas provided that the establishments only store
and handle regulated substances for resale in their
original unopened containers.
504
(g)
Exemptions for office uses. Regulated substances for the
maintenance and cleaning of office buildings and regulated
substances associated with office equipment such as copiers
or blueprint machines shall not be allowed onsite in
quantities greater than the quantities exempted in Section
931.07(2).
(h) Exemptions for approved nonresidential activities. The
following nonresidential activities are exempted:
1.
Nonresidential land uses existing as of the effective
date of this chapter which have received site plan,
subdivision or similar development approval and
building permits.
2. Nonresidential land uses existing as of the effective
date of this chapter which have received occupational
licenses, or similar forms of annual development
approval and which do not require site plan,
subdivision, or similar development approval and
building permits. For the purposes of this exemption,
renewal of annual development approval shall also be
exempt, provided, however, that there are no
expansions, modifications or alterations that would
increase the storage, handling, production, or use of
the regulated substances.
(2) Only those nonresidential land uses which store, handle,
produce, or use the following quantities of regulated
substances shall be exempt from the regulated prohibition set
out in Section 931.05(1).
(a) Whenever the aggregate sum of all quantities of any one
regulated substance for any one nonresidential activity at
a given facility/building or property at any one time does
not exceed six (6) gallons where said substance is a
liquid, or twenty-five (25) pounds where said substance is
a solid.
(b) Whenever the aggregate sum of all regulated substances for
any one nonresidential activity at one facility/building
or property at any one time does not exceed one hundred
(100) gallons if said substances are liquids, or five
hundred (500) pounds if said substances are solids, and the
aggregate sum of all quantities of any one regulated
substance does not exceed the reference limits in Section
931.07(2)(a). Any facility or building which stores,
handles, produces, or uses more than one hundred (100)
gallons of liquid regulated substance or five hundred (500)
pounds of solid regulated substance shall be designed to
prevent contamination of wellfields in case of accidents,
ruptures, or leaks.
505
(c) Where regulated substances are dissolved in or mixed with
other non-regulated substances, only the actual quantity
of the regulated substance present shall be used to
determine compliance with the provisions of this ordinance.
The actual quantity of the regulated substance present
shall be the total quantity of the
original unopened container(s) regardless of concentration
or purity.
(3) Special Exemptions
(a) Request for exemption. Any person subject to the
prohibitions set out in Section 931.05(1) may apply to the
Community Development Director for a special exemption.
(b) Information and fee required. The application for special
exemption shall include, at a minimum, payment of an
application fee and provision of the following information
on a form provided by the Community Development Department:
1. A concise statement detailing the circumstances which
the applicant feels demonstrate the need for a special
exemption.
2. A description of the mechanisms that will be utilized
to meet the criteria required for issuance
of the exemption as set out in Section 931.07(3)(e)
below;
3. A written verification by a qualified Florida
professional engineer or Florida certified
hydrogeologist that the proposed use or activity will
not result in adverse impacts, to the protected
wellfield potable water supply; and
4. An agreement to indemnify and hold Indian River County
harmless from any and all claims, liabilities, causes
of action, or damages arising out of the issuance of
the Special Exemption. The county shall provide
reasonable notice to the exemptee of any such claims.
(c) Review by the Community Development Department, Department
of Utility Services, and County Environmental Health
Department.
1. Within fifteen (15) working days of receipt of an
application for special exception, the Community
Development Director or designee shall inform the
applicant in writing whether such application contains
sufficient information for a proper determination to
be made. If the application is found to be
506
insufficient, the Community Development Director shall
provide to the applicant a written statement by
certified mail or hand delivery requesting the
additional information required. The applicant shall
inform the Community Development Director or his
designee within ten (10) working days of the date of
the written statement of his or her intent to either
furnish the information or have the application
processed as it stands.
2. Prior to notifying the applicant (as referenced
above), the Community Development Director or his
designee shall request the following from the County
Environmental Health Department and/or Department of
Utility Services:
a. Written comments regarding'the sufficiency of
the application; and
b. A written recommendation for issuance with
applicable conditions or denial.
3. The County Environmental Health Department and/or
Department of Utility Services shall make appropriate
surveys, tests and inspections of
property, facilities, equipment and processes proposed
or operating under the provisions of this section to
determine compliance with the provisions of this
section. At a minimum, a written inspection report
from the County Environmental Health Department and/or
Department of Utility Services to the Community
Development Director shall be required prior to the
issuance of a Certificate of Occupancy.
(d) Issuance or denial. At the end of said ten (10) day period
or receipt of the additional information, the Community
Development Director or his designee shall within fifteen
(15) working days inform the applicant whether the Special
Exception has been granted or denied. If the Community
Development Director denies the application, the Community
Development Director or his designee shall provide the
applicant with a written notice outlining the reasons that
the permit was denied.
(e) Criteria for issuance. The Community Development Director
shall grant an exemption if the person applying for the
exemption demonstrates that adequate technology exists to
isolate the facility or land use from the potable water
supply within the Zone of Protection wherein the proposed
facility or land use would be located. At a minimum, the
following issues shall be addressed:
1. substance inventory;
507
2. containment;
3. emergency collection devices;
4. emergency plan;
5. daily monitoring;
6. equipment maintenance;
7. reporting of spills;
8. potable water well monitoring;
9. groundwater monitoring;
10. alterations/expansions;
11. reconstruction after catastrophe (fire, vandalism,
flood, explosion, collapse, wind, war or other); and
12. others, as applicable to groundwater protection.
All costs associated with providing protective measures as
referenced above shall be borne by the applicant or exemptee,
as applicable.
(f) Revocation or revision. Any Special Exemption granted by
the Community Development Director pursuant to this chapter
shall be subject to revocation or revision by the Community
Development Director for violation of any condition of said
Special Exemption after issuance of a written notice of
intent to revoke or revise (certified mail return receipt
requested or hand delivery). The
applicant shall have the right to a hearing before the
Environmental Control Hearing Board prior to revocation or
revision in accordance with the procedures set out in
Section 902.03. Upon revocation or revision, the activity
will immediately be subject to the enforcement provisions
of this ordinance.
(g) Appeals. Any final action by the Community
Development Director may be appealed to the Board of
County Commissioners pursuant to the appeal procedure
in Chapter 902, Administrative Mechanisms.
(h) Other agency requirements. Any Special Exemption granted
by the Community Development Director pursuant to this
ordinance shall not relieve the exemptee of the obligation
to comply with any other applicable federal, state,
regional, or local regulation, rule, ordinance or
requirement. Nor shall said exemption relieve any exemptee
508
(1)
of any liability for violation of such regulations, rules,
ordinances or requirements.
New regulations. Upon adoption of any amendment to this
chapter or any regulation that supersedes this chapter,
the Special Exemption shall be subject to the newly adopted
regulations.
Section 931.08 Surficial Aquifer Primary Recharge Overlay
District.
(1) A Surficial Aquifer Primary Recharge Overlay District
(SAPROD) is hereby established overlaying the Atlantic
Coastal Sand Ridge, as defined in Chapter 901. A map
identifying the general boundaries of the SAPROD shall be
on file in the Indian River County Community Development
Department; specific boundaries of the SAPROD shall be
identified by a boundary survey and verified on a site -
by -site basis by county environmental planning staff.
(2) Within the SAPROD, the following restrictions shall apply:
(a) Any use which may be expected to generate waste
which does not lend itself to conventional septic
tank treatment as determined by the Indian River
County Public Health Unit, Environmental Health
Section (EHS), or any use which could result in
a hazardous waste as defined in Federal Register
40CFR 261, shall not be permitted unless a method
to be used for non-domestic waste disposal is
approved by the EHS; provided, however, that the
establishment of auto salvage yards, junk yards,
or landfills is prohibited in the SAPROD.
(b) No excavation shall be allowed in association
with project development within the SAPROD that
results in an average elevation of less than
twenty-five (25) feet mean sea level (MSL) for
that portion of the project site located within
the SAPROD, unless the project development falls
within St. Johns River Water Management
District's (SJRWMD) permitting threshold.
Excavation falling within SJRWMD's permitting
threshold shall conform to SJRWMD permitting
requirements concerning depth of excavation and
all other applicable SJRWMD permitting
requirements.
(c) No stormwater management facility shall be
allowed to penetrate the groundwater table within
the SAPROD (cross reference Chapter 930,
Stormwater Management and Flood Protection).
509
Section 931.09 Abandoned Flow Well Plugging Requirements.
The plugging of abandoned artesian flow wells shall be required on
development project property in conjunction with county site plan
and subdivision approval.
Section 931.10 Enforcement and Penalties
(1) Enforcement, penalties, appeals, and remedy of matters related
to this chapter shall be regulated pursuant to procedures
established in the Indian River County Environmental Control
Act, Chapter 83-511, Laws of Florida.
(2) Each person who commits, attempts to commit, conspires to
commit, or aids and abets in the commission of any act in
violation of this chapter whether individually or in connection
with one or more persons, or as a principal, agent or accessory,
shall be subject to prosecution before the Environmental Control
Board for such offense and every person who falsely,
fraudulently, forcibly or willfully entices, causes, coerces,
requires, permits or directs another to violate any provision
of this chapter is likewise subject to prosecution for such
offense.
(3) Each day that a violation of this chapter is continued or
permitted to exist without compliance shall constitute a
separate offense.
(4) No development orders, site plan approvals, building permits,
occupational licenses, zoning compliances, or certificates of
occupancy shall be issued to any violator of this chapter for
a subject property in violation until any such violation of this
chapter has been properly abated to the satisfaction of the
County.
(5)
Notwithstanding any other penalty provisions set forth herein,
Indian River County may file an action for injunctive relief in
the Circuit Court of the Nineteenth Judicial Circuit in and for
Indian River County, Florida, in order to prevent any violation
of this ordinance.
u\v\s\chap.931
510
Chapter 932
Coastal Management
Sec. 932.01 Title
Sec. 932.02 Purpose
Sec. 932.03 Definitions
Sec. 932.04 Authority/Applicability
Sec. 932.05 Estuarine Water Quality Protection
Sec. 932.06 Dune and Shoreline Protection
Sec. 932.07 Piers, Docks and Boatslips
Sec. 932.08 Marina and Multi -Slip Dock Facilities
Sec. 932.09 Sea Turtle Protection
Sec. 932.10 Manatee Protection
Sec. 932.11 Aquaculture/Water-Dependent, Water -Related Uses
Sec. 932.01 Title.
This chapter shall be known as the "Indian River County Coastal
Management Chapter".
Sec. 932.02 Purpose.
It shall be the purpose of this chapter:
(1) To protect, maintain, and enhance the coastal
resources of Indian River County, while allowing
the residents and visitors of the county
beneficial enjoyment of these unique resources.
(2) To reduce the actual and potential threat of loss
of life and property from significant storm
events in the coastal area.
Sec. 932.03 Definitions.
All terms defined in Chapter 901, Definitions, are applicable in this
chapter.
Sec. 932.04 Authority/Applicability.
(1) This chapter is enacted pursuant to the authority
vested in the Board of County Commissioners by
virtue of Article VIII, Section (1) of the
Constitution of the State of Florida and Florida
Statutes, Chapter 125.01 and Chapter 163.3202.
(2) This chapter shall be applicable to all land and
aquatic areas lying within the unincorporated
area of Indian River County, Florida.
511
Sec. 932.05 Estuarine Water Quality Protection.
(1) Protection of Seagrass
(a) Unless expressly exempted herein, it shall be unlawful and
subject to the penalties provided herein for any person,
group, company, organization or agent thereof to remove,
destroy, damage, or alter to the point of imminent
destruction, any known or identified seagrass area.
(b) Docks, boat ramps, mooring poles, and other similar
waterfront structures, including marinas and all permitted
waterfront accessory uses, shall be designed and located
in such a manner that all adverse impacts to any known or
identified seagrass beds shall be minimized. The presence
of seagrass beds shall not prohibit the location of these
structures, provided that no objections or permit denials
are issued by any additional reviewing agencies with
appropriate jurisdiction. Mitigation shall be required for
all damaged or displaced seagrass areas, and shall be in
compliance with the criteria set forth in Chapter 928.
(2) Erosion Protection
(a) All estuarine waterfront property, as described in Chapter
927, Tree Protection, shall be subject to the setback and
vegetative buffer requirements as expressed therein.
(b) All persons desiring to clear land which is not exempted
by the Chapter 927, Tree Protection, and which is within
five -hundred (500) feet of any waterbody or defined
drainage system which outfalls into the Indian River Lagoon
or St. Sebastian River shall submit an erosion control
plan, in accordance with the provisions of Chapter 927,
Tree Protection, to be reviewed and approved by the County
Environmental Planning section, prior to the issuance of
a landclearing permit.
(c) All new waterfront structures and uses and all structures
and uses adjacent to waterbodies or drainage systems
outfalling into the St. Sebastian River or Indian River
Lagoon shall comply with the provisions of Chapter 930,
Stormwater Management, as applicable and expressed therein.
Uses and structures exempted in Chapter 930 shall be
excluded from this requirement.
(d) Bulkheads and seawalls shall not be permitted as shoreline
stabilization methods within the Indian River Lagoon or its
tributaries unless:
1. Non-structural and/or semi-permanent structural
alternatives have previously been utilized and
proven ineffective; and
512
2. The proposed bulkhead or seawall is part of a
comprehensive plan for shoreline stabilization
and revegetation, which includes a mitigation
plan for all adversely impacted shoreline and
aquatic vegetative species; and
3. No new dredging or filling shall occur in
conjunction with the proposed bulkhead or seawall
other than the minimum necessary and customarily
incidental to construction of said structures;
and
4. The proposed bulkhead or seawall is adjacent to
buildable upland property and does not increase
the seaward (outward) projection of the property;
and
5. The proposed project has secured all necessary
additional reviewing agencies permits prior to
construction.
(3) Stormwater Management
(a) All portions of Chapter 930, Stormwater Management are
applicable in this Chapter. All proposed developments shall
be reviewed to ensure adequate drainage, flood prevention,
and protection of water quality. All stormwater management
systems shall be constructed in accordance with the
requirements of the Indian River County stormwater
management and floodwater protection ordinance.
(b) New point -source discharges into estuarine surface waters
shall be prohibited.
(4) Excavation of Canals and Waterways in Estuarine Waters.
(a) Limitations. The excavation of navigable canals or
waterways from submerged lands in Class II waters, aquatic
preserves or the boundaries of the Pelican Island National
Wildlife Refuge is prohibited. The excavation of any canal
or waterway shall not be for the purpose of
obtaining fill. Maintenance dredging shall only be permitted in
compliance with all applicable regulations of the State of
Florida and the Army Corps of Engineers; all requisite permits
must be obtained.
(b) Minimum width and depth; environmental protection. When
permitted, canals and waterways shall be the minimum width
necessary to accomplish the purpose for which they are
constructed. An applicant desiring to construct a canal or
waterway must affirmatively show a design that will prevent
stagnation and eutrophication of the system, provide
sufficient flushing and maintain the ambient water quality.
All dredging operations must utilize proper turbidity and
513
pollution mitigation techniques as authorized and approved
by local, state and federal reviewing agencies.
(c) The dredging of new channels shall be prohibited within
the estuarine waters of Indian River County.
(5) Surface Vessel Discharges
Within Indian River County, it shall be unlawful for any
commercial, public or private vessel or structure to
discharge pollutant or untreated waste material into or
adjacent to any surface water body. This provision shall
exclude those discharges incidental to the mechanical
operation of the vessel such as, but not limited to,
cooling water, bilges, and waterjet outflows.
Sec. 932.06 Dune and Shoreline Protection.
In order to protect the natural vegetation and the main dune bluff
fronting on the Atlantic Ocean, the following restrictions shall be
observed:
(1) County Dune Stabilization Setback Line. The county hereby
adopts the 1978 FDNR Coastal Construction Control Line
(C.C.C.L) as the County Dune Stabilization Setback Line
(D.S.S.L.), as recorded on June 10, 1981 in county Plat
Book 10, Pages 93-93H.
(2) Encroachment, ingress, disturbance. Except as provided
herein, encroachment or ingress onto or any disturbance of
the main dune or natural vegetation seaward of the County
Dune Stabilization Setback Line is prohibited,including
encroachment or disturbance caused by individuals upon foot
or by vehicle or any kind. Ingress by foot seaward of the
County Dune Stabilization Setback Line must be associated
with an approved dune crossover structure.
(3)
New construction; disturbance of dunes, vegetation. The
land between the coastal construction control line and the
county dune stabilization setback line is established as
a zone of regulation, whereby the Bureau of Beaches and
Shores of the Florida Department of Natural Resources
and Indian River County may permit construction activity
and construction related dune alteration. Except as
provided herein, new construction and/or disturbance of
the dune and associated native vegetation is not permitted
seaward of the county dune stabilization setback line.
(4) Vehicles prohibited seaward of dune stabilization line;
exception. Except as expressly provided in subsection (5),
it shall be unlawful for any person to operate, drive or
propel any truck, tractor, bulldozer, grader, crane,
automobile, motorcycle, dune buggy, moped, minibike, all -
terrain cycle, or any other vehicle seaward of the county
514
dune stabilization setback line excluding, however, any of
the aforementioned vehicles when operated by an officer of
any agency of the state or of a political subdivision of
the state in the furtherance of official duties, or those
operations which have received the express authorization
of the board of county commissioners. The parking of
automobiles, boats, trailers, motor homes, recreation and
like vehicles is prohibited seaward of the dune
stabilization setback line.
Leeway zone. Notwithstanding the foregoing provisions, an
applicant who has received the express written approval of
the Bureau of Beaches and Shores of the Department of
Natural Resources to carry on construction of an approved
structure within fifteen (15) feet of the county Dune
Stabilization Setback Line may make use of a leeway zone
seaward of the county Dune Stabilization Setback Line. Said
zone may extend a distance of up to fifteen (15) feet
seaward of the Dune Stabilization Setback Line, but may not
extend more than fifteen (15) feet seaward of said
structure. The purpose of the leeway zone is to provide for
temporary encroachment of workers and equipment seaward of
the Dune Stabilization Setback Line necessary for
construction activity. All proposed activity within the
fifteen -foot leeway zone shall be described in writing and
submitted to the environmental planning section. Such
written request for authorization of a leeway zone shall
include a vegetation survey that locates and identifies all
vegetation within an area between the county dune
stabilization setback line and a line twenty (20) feet
seaward of that line, as well as a plan for revegetating
and maintaining the leeway zone with natural indigenous
dune vegetation. No permanent
improvement or structure may be made in the leeway zone and,
prior to encroachment therein, a temporary barrier running
parallel to the coastal construction control line or county dune
stabilization setback line shall be placed at the most seaward
extent of the leeway zone to identify the limits beyond which
no encroachment of any kind may occur; provided, however, all
activities related to construction of an approved dune crossover
or elevated bridge shall be governed by authorization of the
Department of Natural Resources, Bureau of Beaches and Shores,
or its successor.
Approvals required under this paragraph may be obtained
concurrently with site plan or subdivision approval, as
the case may be, but must be obtained prior to the
scheduled activity. The leeway zone shall be revegetated
with natural indigenous dune vegetation upon completion of
construction activities and prior to the issuance of any
certificate of occupancy for the subject improvements. The
applicant remains responsible for successful reclamation
of the dune vegetation temporarily destroyed under this
paragraph.
515
(6) Nothing in this section shall be construed to prohibit the
undertaking of coastal construction projects seaward of the
coastal construction control line, when approved by the
Bureau of Beaches and Shores of the Department of Natural
Resources of the State of Florida, and when the applicant
can demonstrate to the county that the project is in the
public interest or is necessary to protect contiguous real
property improvements; provided that any such coastal
erosion control project which includes beach sand
renourishment shall also include a program of dune system
restoration as a component of the project. Such restoration
program shall include both dune revegetation, using native
and salt -tolerant plant material which is appropriate and
suitable for dune revegetation, and reestablishment of the
dune profile.
(7) Seawalls and Bulkheads
Seawalls, bulkheads and other rigid, permanent shoreline
protection structures shall not be permitted unless:
(a)
Non-structural alternatives have been
employed correctly and proven to be
unsuccessful;
(b) The County Engineering Department and
the Division of Beaches and Shores of
the Florida Department of Natural
Resources recommendations include the
utilization of a rigid structure over
other alternatives,
(c) The subject property owner assumes
responsibility and agrees to
mitigation of any adverse
environmental impacts, including
increased downdrift erosion of
adjacent property, throughout the life
of the stabilization project; and
(d) The bulkhead or seawall is necessary
to protect real property improvements
from a 25 year or less intensity storm
event, utilizing methods approved by
the Division of Beaches as Shores of
the Florida Department of Natural
Resources.
(8) Roadways
No roadway shall be allowed to cross the county dune
stabilization setback line, except at specified locations,
516
(9)
to be designated by resolution of the board of county
commissioners.
Emergency Provisions
During periods of emergency, such as hurricanes or severe
storms, in order to protect life or property, provisions
of this ordinance may be temporarily suspended by petition
to, and approval of, the Board of County Commissioners or
by proper authorization from the Emergency Management
Director. All approvals for emergency work shall be
coordinated with the Florida Department of Natural
Resources upon the expiration of eminent threat to life and
property.
(10) Beachfront Development
All projects constructed between the Florida Department of
Natural Resources Coastal Construction Control Line and the
County Dune Stabilization Setback Line shall demonstrate
compliance with the FDNR Coastal Construction
Control Line regulations as established in Chapter 161, Florida
Statutes, and as specified in this chapter. In addition, the
standards for protecting dune vegetation, as established, shall
be satisfied.
(a) No building, excavation or man-made structure,
except approved dune crossover structures or
other similar minor structures as defined by the
Florida Department of Natural Resources shall be
located seaward of the County Dune Stabilization
Setback Line.
(b) All new development desiring beach access shall
be required to install, maintain and utilize dune
crossover structures as approved by Indian River
County and the Florida Department of Natural
Resources. Dune crossover design and maintenance
shall be in compliance with the provisions
setforth by the FDNR and all applicable county
regulations including the following:
1. Dune crossovers shall be wood -pile
supported and elevated above the dune
vegetation; they shall be elevated a
minimum of twenty-four (24) inches
above average grade, but shall not
exceed thirty (30) inches above the
average grade as measured to the
bottom of the walkway support members.
Dune crossovers shall generally be
located perpendicular to the shoreline
where crossing dunes. Covered or
roofed viewing areas shall not exceed
twelve (12) feet in height as measured
517
from mean crossover elevation to mean
height between the eaves and ridge for
sloped roofs, the highest point for
flat roofs, and the deck line of
mansard roofs.
2. Private dune crossover structures
shall be limited to one structure per
single-family lot, or one structure
per recorded public or private beach
access (subdivisions, PRD's). Those
persons desiring more than one access
per single-family lot shall be
required to obtain Administrative
Approval from the Community
Development Director, and shall state
in writing the reason for the request.
The Community Development Director
shall approve, conditionally approve,
or deny the request based on the
following minimum criteria:
i. The additional structure
does not require alteration
of the existing dune or dune
vegetation other than that
which is normally incidental
to dune crossover
construction.
ii. Structures associated with
guest houses, lots with
greater than two hundred
(200) feet of ocean
frontage, or areas
experiencing a history of
repeated, unregulated use
(such as street ends and
trails) may be permitted.
iii. Additional structures on the
same contiguous property
must maintain a minimum
fifty (50) foot separation.
iv. All criteria as applicable
and set forth by this
chapter shall be applied to
all additional structures.
3. Dune crossovers shall be allowed to
encroach up to five (5) feet into any
required side yard, provided any such
structure not specifically exempted in
518
Chapter 932 subsection (10)(b)4. is
located no closer than five (5) feet
from any property line. No crossover
structure shall be allowed to locate
in any required easement other than
access easements.
4. Adjacent properties desiring to share
one dune crossover structure shall be
exempt from subsection (10)(b)3.
provided the proposed structure does
not contravene the additional
provisions of this chapter and that
the said structure is recorded as a
cooperative structure under a cross
easement for use and maintenance or
recorded in the deed restrictions of
the adjoining property owners.
5. Gazebos, viewing decks, sitting areas,
landings and similar structures
located seaward (east) of the Dune
Stabilization Setback Line must be
associated with approved dune
crossovers. Gazebos and other similar
structures may not exceed 144 square
feet in total floor area when measured
from the outward extension of the
elevated floor area. No walled or
enclosed structures other than louvers
not exceeding 50% opaqueness shall be
permitted. Gazebos and other such
structures shall not be located in any
required side yard unless shared by
adjoining property owners pursuant to
the provisions of this chapter.
6. Private, single-family dune crossovers
not specifically designed for handicap
access shall be limited in width to
five (5) feet. Crossovers associated
with subdivisions or PRD's or any
public or public/private facilities
shall maintain a minimum four (4) foot
width, and shall not exceed eight (8)
feet in width, unless specifically
designed for authorized vehicle
access, handicap access or catamaran
access.
7. All subdivisions and PRD's containing
interior as well as ocean front lots
shall provide public and/or private
519
beach .access facilities with deeded
access easements. These easements
shall exceed the width of the proposed
crossover structure by a minimum of
two (2) feet on either side for
maintenance purposes.
8. All new public beach access areas
shall include at minimum one (1) dune
crossover structure specifically
designed and located for handicap
access. When replacing existing dune
walkover structures with handicap
facilities, minor site re -location to
improve the public benefit of the
facility is permitted. The replacement
of structures not specifically
designed for handicap access shall be
at minimum a 1:2 (50%) handicap
facilities replacement. All public
facilities shall utilize mechanisms
such as, but not limited to, native
dune vegetation, fences or other
barriers to discourage encroachment
onto dune areas, in association with
crossover construction.
9. All walkover structures shall be in
strict compliance with Section 932.09,
Sea Turtle Protection.
(c) No construction or activity which threatens the stability
of the primary beach and dune system shall be permitted.
(d) Notwithstanding the provisions of Chapter 904,
Nonconformities, all structures and uses located seaward
(east) of the County Dune Stabilization Setback Line,
excluding approved crossover structures, which sustain
damage from a naturally occurring storm event greater than
50% of MAI (Member of Appraisal Institute) assessed current
market value shall, instead of reconstructing at the exact
same location, relocate upland of their former location
and, when possible, westward of the D.S.S.L.. Prior to
reconstruction, structures shall obtain all necessary
approvals and permits and comply with all existing
applicable building codes concerning coastal construction.
(11) Dune Vegetation Maintenance.
It shall be unlawful and subject to the penalties of
Chapter 927, Tree Protection, for any person(s) to damage,
alter, trim, remove or relocate any vegetation seaward of
the county Dune Stabilization Setback Line
without prior authorization and a County Dune Vegetation
Maintenance permit from the Indian River County
520
Environmental Planning Section. Permits shall be issued
under the provisions set forth in Chapter 927, Tree
Protection, in accordance with the following criteria:
(a) Pruning, trimming, removal or relocation of dune
vegetation shall be prohibited between December
1 and February 15.
(b) All cuts shall be made cleanly and at the base
of the branch or limb of the vegetation, or at
branch points of the stalk of the vegetation,
except when done with respect to the shaping of
a hedge.
(c) The planting of sod grass and ornamental
landscaping shall be prohibited seaward of the
Dune Stabilization Setback Line with the
exception of a five (5) foot wide pathway from
the access structure to the residence, as
necessary. In no case shall the sod be allowed
to cross the primary dune area.
(d) Grasses, shrubs, shrub trees, or other similar
dune vegetation may be maintained or trimmed up
to four (4) feet above existing grade, provided
such trimming does not result in the death or
destruction of the vegetation. On larger
species,such as mature seagrapes, palms, and
other similar species, the removal of the lower
branches or limbs for view may be permitted,
provided no such alteration results in
significant damage or death of the vegetation.
Sea oats may not be altered.
(e) All dead, decaying, injured or diseased
vegetation may be trimmed without a permit,
provided that:
1. The trimming constitutes only dead or
diseased vegetation, and no live
portions of vegetation are trimmed.
2. No root material is to be trimmed or
destroyed. No native dune vegetation
may be rooted or removed.
3. The applicant must notify the
environmental planning section prior
to commencing any work. The Environ-
mental Planner shall inspect the
property prior to authorization of
permit exemption. Failure to notify
the environmental planning section
prior to any removal work will
constitute a violation of the
521
provisions of Chapter 927, Tree Protection.
4. No existing dune vegetation shall be
removed by the root system with the
exception of non-native, nuisance
species as described in Chapter 927,
Tree Protection, or as authorized by
the Environmental Planner.
5. The provisions of this chapter shall
not preclude the undertaking of
approved shoreline stabilization
projects or the location and
construction of approved dune
crossover structures and similar minor
structures.
6. Any request to alter or remove any
existing vegetative cover seaward of
the County Dune Stabilization Setback
Line shall be accompanied in writing
by a dune revegetation plan, to be
approved by the Environmental Planning
Section.
Sec. 932.07 Piers, Docks and Boatslips.
(1) Restrictions upon regularly moored watercraft; maintenance.
Watercraft shall not be regularly moored along any shore
without consent of the riparian land owner. Regularly
moored watercraft shall not be used -as dwellings, offices
or commercial enterprises except in commercial marinas with
approval and facilities for that purpose. Approval to so
moor and use the watercraft for that purpose must be
granted by the Indian River County Planning and Zoning
Commission. Regularly moored watercraft shall be kept in
seaworthy condition when not in a permitted repair area.
(2) Location of boatslips. Boatslips shall be permitted only as
a wet storage area adjacent to a dock, marina, boat livery,
or boat yard. Boat slips shall not encroach upon a riparian
side yard setback as determined by the applicable zoning
side yard setback of the zoning district in which the
project is located, as extended waterward from the adjacent
upland. No portion of a watercraft moored at such boatslip
shall project into the extended riparian side yard setback,
unless necessary to allow the utilization of riparian
rights.
(3)
Protection of Waterfront Structures
(a) Unwalled boat shelters. Unwalled boat shelters
may be erected over boatslips; however, no part
of such shelter may be erected beyond the
522
shoreline unless the following conditions are
met:
1. the applicant shall provide a detailed inventory of
sea grasses and submerged aquatic vegetation in the
area to reviewing county staff;
2. the applicant must demonstrate that the unwalled boat
shelter does not adversely impact light-sensitive
aquatic resources such as seagrasses;
3. the combined total surface area of the unwalled boat
shelter and the terminal platform of the .associated
dock shall not exceed Florida Department of Natural
Resources (FDNR) size limitations where such
structures are located in an aquatic preserve,
provided that in no case, however, shall the surface
area covered by an unwalled boat shelter exceed 400
square feet; and
4. the height of the unwalled boat shelter shall not
exceed twenty (20) feet above mean high water.
(b) Extension of docks and piers in waterways;
generally. Docks and piers shall not project
outward from the shore more than twenty (20)
percent of the width of the waterway at a point
where they are located. The outward projection
of a dock shall be measured from the water's
edge at mean low tide. The location, dimensions,
and structural character of all structures shall
be in conformity with applicable federal and
state jurisdictional agency regulations.
(c.) Tie -off piles, mooring or dolphin poles. Tie -off
piles and mooring or dolphin poles may extend
into a waterway a maximum of twenty-five (25)
percent of the width of the waterway. Boat lifts
attached to a dock shall be permitted between
the dock and the tie -off piles, and/or mooring
or dolphin poles. Notwithstanding, all such
structures shall comply with applicable federal
and state jurisdictional agency regulations.
(d) Application of paragraphs "b" and "c" above
shall not result in a unobstructed waterway of
less than twenty-five (25) feet in width (twelve
and one-half (12 1/2) feet either side of the
waterway centerline)
(4) Riparian side yard setback encroachment prohibited. No
dock, boat shelter or other waterfront structure may
encroach on a required riparian side yard setback, as
extended waterward for the zoning district in which the
523
project is located, unless such an encroachment is necessary for
the utilization of riparian rights. Notwithstanding, an
applicant shall have an opportunity to apply for an
Administrative Approval to construct a water front structure
within a riparian side yard setback, under the following
circumstances.
a) Shared facilities - Adjoining property owners
desiring to share dock/boat slip facilities may
apply for Administrative Approval pursuant to
the provisions of Chapter 914. The applicants
shall provide a detailed plan showing the dock
location and configuration and all aquatic and
shoreline vegetation. If approved, shared
facilities may_ allow for up to four (4) or less
boat slips without being considered multi -slip
facilities. The applicant(s) shall also provide
written conformation of a recorded access
easement which verifies joint access to the
proposed structure. Adjoining property owners
sharing dock boat/slip facilities shall not be
permitted to construct additional, separate
dock/boat slip facilities prior to the removal
of the existing structure. Encroachment of the
shared facility may only occur with regards to
the adjoining property owner's shared lot lines.
b) Hardships - in cases where lot configurations
may create a hardship as applied to riparian
side yard setback encroachment of single-family
dock/boat slips, the applicant may apply for
Administrative Approval pursuant to the
provisions of Chapter 914. The applicant shall
provide a detailed plan indicating the nature of
the hardship as well as the proposed dock
location, specifications and any aquatic or
shoreline vegetation. County staff shall notify
any affected adjacent property owner, as
applicable, of the pending application. In all
cases, the proposed encroachment shall be the
minimum necessary to allow for the desired use.
Environmental impact considerations. Piers, docks, boat
shelters, and other waterfront structures shall be located
in order to minimize negative impacts on shoreline
vegetation and marine grassbeds, as applicable. On
riparian property where the location of a waterfront
structure over or in the vicinity of light-sensitive
aquatic vegetation (such as seagrasses) is unavoidable,
such structure (or portion thereof) shall be constructed a
minimum of five (5) feet above the mean high water level
where said aquatic vegetation exists or could potentially
exist, as determined by county environmental planning
524
staff. Said determination shall be based on staff review of
seagrass inventory information and site specific conditions.
Sec. 932.08 Marina and Multi -Slip Facilities.
The zoning and necessary specific criteria for commercial marinas,
public/private docks and private multi -slip docking facilities are
described in Chapter. 971 regarding specific land uses and are
applicable in this chapter.
Sec. 932.09 Sea Turtle Protection.
(1) Purpose. The purpose of this Section is to protect the
threatened and endangered sea turtles which nest along the
beaches of Indian River County, Florida, by safeguarding
the hatchlings from sources of artificial light.
(2) New development. It is the policy of the Indian River
County board" of county commissioners that no artificial
light illuminate any area of the beaches of unincorporated
Indian River County, Florida, during the period of the year
when sea turtles nest. To meet this intent, building and
electrical plans for construction of single-family or
multi -family dwellings, commercial or other structures,
parking lots, dune walkovers, and other outdoor lighting
for real property, if lighting associated with such
construction or development can be seen from the beach,
shall be in compliance with the following:
524.1
524.2
(a) Floodlights shall be prohibited. Wall -mounted
light fixtures shall be fitted with hoods so that
no light illuminates the beach.
(b) Pole lights shall be shielded in such a way that
light will not illuminate areas other than the
specific property boundaries of the subject site
and shall not illuminate the beach or dune area
on the seaward side of the pole. Outdoor lighting
shall be held to the minimum necessary for
security and convenience.
(c) Low -profile luminaries shall be used in parking
lots, and such lighting shall be positioned so
that no light illuminates the beach.
(d) Dune crosswalks shall utilize low -profile
shielded luminaries.
(e) Lights on balconies shall be fitted with hoods
so that lights will not illuminate the beach.
Tinted or filmed glass shall be used in windows
facing the ocean above the first floor of
multistory structures. Shade screens or black-
out draperies can be substituted for this
requirement.
(f)
(g)
Temporary security lights at construction sites
shall not be mounted more than fifteen (15) feet
above the ground. Illumination from the lights
shall not spread beyond the boundary of the
property being developed, and in no case shall
those lights illuminate the beach.
Beachfront lighting approval. Prior to the issuance of a
certificate of occupancy for any new development within
view of the beach, compliance with the beachfront lighting
standards set forth in this ordinance shall be approved as
follows:
(a) Upon completion of the construction activities,
the county environmental planner shall conduct
a site inspection which includes a night survey
with all beachfront lighting turned on.
(b) The environmental planner shall prepare and report the
inspection findings in writing identifying:
1. The date and time of initial
inspection.
2. The extent of compliance with the
lighting standards.
3. All areas of observed noncompliance,
if applicable.
525
4. Any action(s) taken to remedy observed
noncompliance, if applicable.
The environmental planner, in cases where
remedial action is necessary, shall notify the
owner or developer of the results of the
inspection and shall schedule a date and time
for a subsequent inspection.
(4) Existing Development
To meet the intent of this section, lighting of existing
structures which can be seen from the beach shall be in
compliance with the following:
(a) Lights illuminating buildings or associated
grounds for decorative or recreational purposes
shall be shielded or screened such that they are
not visible from the beach, or turned off after
9:00 p.m. during the period from May 1 to October
31 of each year.
(b) Lights illuminating dune crosswalks of any areas
oceanward of the dune line shall be turned off
after 9:00 p.m. during the period from May 1 to
October 31 of each year.
(c) Security lighting shall be permitted throughout
the night so long as low -profile luminaries are
used and screened in such a way that those lights
do not illuminate the beach.
(d) Window treatments in windows facing the ocean
above the first floor of multistory structures
are required so that interior lights do not
illuminate the beach. The use of tint or film on
windows or awnings is preferred; however, the use
of black -out draperies or shade screens will
suffice.
(5) Publicly owned lighting. Street lights and lighting at
parks and other publicly owned beach access areas shall be
subject to the following:
(a) Whenever possible, street lights shall be located
so that the bulk of their illumination will
travel away from the beach. The lights shall be
equipped with shades or shields that will prevent
backlighting and render them not visible from the
beach.
(b) Lights at parks or other public beach access
points shall be shielded or shaded.
526
Sec. 932.10 Manatee Protection.
(Reserved)
Sec. 932.11 Aquaculture/Water Dependent/Water-Related Uses.
(1) Aquaculture
Any proposed aquaculture or mariculture related operation
which locates within the surface waters of Indian River
County shall be subject to the regulations of all federal,
state and local authorities with appropriate jurisdiction.
All marine -related aquaculture operations, including those
exempted from federal or state regulations, shall be
subject to the rules of this chapter, as applicable. All
aquaculture operations or related operations shall obtain
Administrative Approval from the Community Development
Director and shall meet the following minimum criteria:
(a) The use of privately owned bottom lands for
aquaculture related purposes shall be permitted
provided that:
1. There shall be no creation of new or
expansion of existing bottom lands, or
impoundment areas of the proposed
site.
2. The area and water quality has been
state approved for shellfish
harvesting and/or propagation, or has
been approved by the state for the
specific use desired.
3. The activities associated with or
incidental to the operation do not
interfere with waterway rights or
boating activities, reduce water
circulation patterns or degrade
existing water quality, adversely
impact existing aquatic or shoreline
vegetation, or are contradictory to
the rules and regulations of the
county or the state of Florida.
4. The proposed operation shall have
adequate upland facilities and zoning
deemed necessary for operation as
determined by the Community
Development Director, or designee.
527
5. Aquaculture/mariculture operations
with primary facilities located on
upland property shall be considered
water -related uses, subject to the
applicable rules of this chapter.
(2) Water -dependent Uses
Water -dependent uses shall include those uses whose primary
function is derived by direct water access such as, but not
limited to, commercial marinas, commercial charter fishing,
touring and diving boat piers, waterski, sailing, and
similar instructional operations, dredge, hauling, marine
repair other related uses.
(a) All water -dependent uses shall be required to
have sufficient upland facilities consistent with
the provisions of Chapter 927, Site Plans, and
shall be allowed only in the appropriate zoning
classification.
(b) Water -dependent facilities shall be located and
designed in order to minimize adverse impacts to
aquatic and/or shoreline vegetation. Facilities
shall not be permitted in approved shellfish
harvesting/propagation areas or existing seagrass
beds.
(c) Water -dependent facilities shall be required to
submit pollution mitigation plans to the
environmental planning section which adequately
describe any potentially hazardous materials
stored or utilized on site, mitigation procedures
for any potential spills or discharges, and an
inventory and maintenance list of all mitigation
materials to be stored on site.
(3) Water -related Uses
Water -related uses shall include those uses whose
orientation is associated with aquatic or shoreline use,
but whose primary function does not require direct or
immediate waterway access. These may include but not be
limited to: bait, tackle, surf, ski and other similar
retail shops, land-based aquaculture operations, small boat
sales, service and repair operations, restaurants, fish
processing and/orpacking plants, aquatic sports and
business related offices, and other similar facilities.
The following criteria shall be applied to water -related
uses, in addition to any required federal, state or local
provisions:
528
(a) Water -related uses not requiring direct waterbody
access shall located in upland areas.
(b) Water -related uses shall not be permitted to
adversely affect neighboring land uses or
discharge directly into the surface water of
Indian River County. Exemptions shall be allowed
for FDER approved discharge of circulatory water
for aquaculture uses. All water related uses
located adjacent to surface water shall be in
compliance with Chapter 930, Stormwater
Management, and shall not be allowed to discharge
either directly or indirectly, and untreated
stormwater.
(c) Water -related uses which locate in upland areas
adjacent to waterbodies and which desire
shoreline access shall be required to provide
adequate facilities such as stairs, docks and
decks to ensure access which minimizes adverse
effects to aquatic and shoreline vegetation and
discourages erosion of the shoreline.
u\r\ord\management
Chapter 933
Historic and Archaeological Resource Protection
Sec. 933.01 Title
Sec. 933.02 Purpose
Sec. 933.03 Definitions
Sec. 933.04 Power and Authority
Sec. 933.05 Prohibited Activity
Sec. 933.06 Petitions, Designations, & Appeals
Sec. 933.07 Exemptions
Sec. 933.08 Scenic and Historic Roads
Sec. 933.09 Archaeological Protection
Sec. 933.10 Historic Properties, Sites and Structures Protection
Sec. 933.11 Incentives For Historic Preservation
Sec. 933.12 Penalties & Enforcement
Sec. 933.01 Title.
This chapter shall be known as the "Indian River County Historic and
Archaeological Resource Protection chapter".
Sec. 933.02 Purpose.
It is the purpose of this chapter:
(1) To protect and perpetuate the natural and cultural heritage
of significant historic and/or archaeological sites and
structures, including scenic and historic roads, in
addition to enhancing their resource and property value for
the benefit, education, and enjoyment of future
generations;
(2) To protect the public interest in historic and/or
archaeological sites, structures, or roadways from adverse
activities, land uses, excavations, construction,
destruction and other impacts, and to prevent the
unnecessary removal of historic structures or
archaeological artifacts;
(3)
To stabilize and improve property values, while providing
attractions to residents, tourists and visitors, a stimulus
to business and industry and a mode to preserve the beauty
and historical past of Indian River County; and
(4) To implement Comprehensive Plan Policies 8.3 and 8.4 of
the Future Land Use Element, and Policy 9.4 of the Coastal
Management Element.
530
Sec. 933.03 Definitions.
All terms defined in Chapter 901, Definitions, are applicable in this
chapter.
Sec. 933.04 Power and Authority.
The power and authority of the Board of County Commissioners and the
appointed Historic Resources Advisory Committee shall be in
accordance with Chapter 902, Administrative Mechanisms, and shall be
described in detail in that chapter.
Sec. 933.05 Prohibited Activity.
Within Indian River County, it shall be unlawful for any person,
group, organization or agency to knowingly and/or willfully damage,
alter, destroy, deface, renovate, relocate, excavate or otherwise
disturb any known or designated historic or archaeological resource
without prior and appropriate authorization from the Indian River
County Board of County Commissioners and from any additional State
or federal regulatory agency with applicable jurisdiction.
Sec. 933.06 Petitions, Designations, and Appeals.
(1) Petitions
An Historic or Archaeological designation request may be initiated
by a written petition from a property owner, the Community
Development Department, the Indian River County Historic Society,
the Historic Resources Advisory Committee, or by an appropriate,
authorized agency of the U.S. Government and/or the State of Florida.
(a) Written petitions for historic designations may
be initiated by, or authorized by, the property
owner(s). This request shall be submitted to the
Historic Resources Advisory Committee and shall
be accompanied by any additional information
necessary, as requested by the Committee, to
properly investigate and comment on the request.
The committee shall review all potential historic
designations, and provide additional information,
comments or recommendations (as necessary) to the
Board of County Commissioners.
(b) The Historic Resources Advisory Committee may,
upon a majority vote, request an historic/
archaeological designation or investigation of
any known or suspected historic resource. The
committee may also request additional protection
or delineation for any proposed, recognized or
submitted historic resource within Indian River
County.
531
(c) The Community Development Director, or his
designee, or the Indian River County Historic
Society may forward a request for historic
designation of a historic resource to the
Historic Resources Advisory Committee for
comments and recommendations.
(d) Upon petition/request for archaeological re-
source designation, the county shall provide
written notification to the property owner(s)
of the intent to consider a proposed historic
designation at least thirty (30) calendar days
prior to the date of the public hearing as
provided for in Chapter 902.
Upon request for historic resource designation
involving human burial remains, all issued or
pending permits pertaining to the affected
portion of the subject property shall be
suspended, and no new permits shall issued or
reinstated for a period of up to 15 consecutive
days or until a final report is received from
the State archaeologist or district medical
examiner.
(2) Designations
The Board of County Commissioners shall hold
public hearings to consider petitions/requests
for historic designations pursuant to the
criteria of Section of 933.10 and pursuant to
the provisions of Chapter 902, Administrative
Mechanisms. Such designations shall confer upon
applicable structures or properties an
acknowledgement of local historic significance.
All petitions/requests for historic designations
approved by a majority vote of the Historic
Resource Advisory Committee shallbe forwarded to
the Board of County Commissioners for final
approval. The Board of County Commissioners may,
upon a majority vote, designate an area, site,
artifact, excavation, structure or other resource
as an historic resource, regulated by the
provisions of this ordinance.
(3) Appeals
Decisions and/or designations by the Board of County Commissioners
concerning historic resources within Indian River County are subject
to the procedures and provisions set forth by Section 902,
532
Administrative Mechanisms. Appeals of the Board's decision may be
initiated by the subject property owner or authorized agent.
Upon any appeal of the Board's decision, the Board of County
Commissioners may continue the suspension of all activities and
permits within that portion of the site associated with the Historic
or Archaeological Resources in question, pending a final decision
or agreement between the Board and the subject property owner(s) or
a rendering of a decision of appeal, whichever occurs first. Any
property owner(s) may waive the deadlines set forth in this ordinance
or request an earlier hearing by written request to the Board of
County Commissioners, which shall approve, deny or approve with
conditions all waiver requests.
Sec. 933.07 Exemptions.
Duly authorized agents of the State of Florida or the federal
Government, or organizations authorized by Indian River County
conducting bona fide scientific surveys, investigations, excavations
or explorations for the purpose of identification, protection, or
exhumation of historical resources of Indian River County, may be
exempted from the provisions of this ordinance, provided such
exemptions are deemed to be in the best interest of the citizens of
Indian River County, the State of Florida or the nation.
In circumstances of emergency or impending disaster, the provisions
of this ordinance shall in no way impede or restrict the performance
or duties of any authorized emergency personnel with proper
jurisdiction in Indian River County. In addition, the Building
Division Director shall have the authority to issue emergency
demolition and/or construction permits for any historic or potential
historic resource which possesses an immediate or obvious threat to
the health, safety and welfare of the citizens of Indian River
County.
Sec. 933.08 Scenic and Historic Roads.
(1) Restrictions
It shall be illegal and subject to the penalties provided herein for
any person to engage in any of the following activities without prior
authorization from the planning and zoning commission:
(a) The erection of structures within the 30 foot
buffer or designated protected area of any
designated historic road.
(b) The placement of overhead utilities within the
protected area, except that:
533
1. Utility drops may be installed to
previously existing buildings within
the protected area.
2. Primary electrical transmission lines
carrying twenty-five (25,000) volts or
more may be exempted from this
restriction by the county commission
after site plan approval when such
transmission lines propose to cross
the protected area perpendicular to
the scenic road.
3. Utility lines carrying less than
twenty-five thousand (25,000) volts
shall be installed underground. The
installation of transformers shall be
allowed when landscaped to prevent
view from the road when servicing new
development from underground
electrical transmission lines.
(2) Rules and regulations
The Board of County Commissioners may from time to time adopt rules
and regulations by resolution setting forth specific restrictions
for the purpose of preserving scenic and historic roads. Such
restrictions may relate to but shall not be limited to the following
topics:
(3)
(a) Providing for the placement of information signs
designating scenic and historic roads and
providing historical information to members of
the public.
(b) Providing special rules and regulations for the
preservation and maintenance of the roads with
the intent to protect and enhance their scenic
quality.
Use of protected area as required yard areas
The protected area defined by this article may be used to fulfill
the requirements of these land development regulations pertaining to
front, side or back yard setbacks.
(4) Management and protection of scenic or historic roads
The public works department of Indian River County, the parks
department and the community development department shall implement
guidelines for maintenance of the scenic and historic roads. The
following guidelines apply to all scenic and historic roads:
(a) Clear cutting of vegetation in the protected area
of any scenic or historic road shall be
534
prohibited,. except under circumstances where
sight lines are obstructed and contribute to
traffic hazards.
(b) The cutting of selective vegetation within the
protected area shall be allowed upon the
recommendation of the Community Development
Department and approval of the county planning
and zoning commission.
(c) The establishment of planting strips within the
protected area to be comprised of native
vegetation shall be allowed upon approval of the
Community Development Director.
(d) Improvements for providing adequate drainage for
the roadbed and surrounding properties, and a
program of maintenance to ensure the continued
effectiveness of the systems may be established.
(e) The selective removal of trees and other
vegetation from the protected area shall be
allowed when such are damaged beyond restoration.
In all cases, all such activity will comply with
the Indian River County Tree Protection Chapter.
(f) Individual management plans for scenic and
historic roadways may set additional restrictions
or requirements for these roadways.
1. The additional considerations of
Resolution No. 89-39 "Jungle Trail
Management Plan" shall be applied to
all projects, zonings, uses, and other
activities in the vicinity of the
historic roadway of Jungle Trail.
Sec. 933.09 Archaeological Protection.
(1) Archaeological survey requirement
Within Indian River County, any person(s), company,
organization or government agency engaged or promoting
activities which unearth, uncover, or otherwise reveal any
suspected archaeological site, burial, artifact, or other
remains, shall be required to immediately notify the Indian
River County Environmental Planning section as to the
nature, size and exact location of the suspected find. In
addition, the County environmental planner shall have
authority to request an archaeological survey from a
representative of an authorized agency or qualified
archaeologist for development in any area known or
documented to contain historic resources. If the presence
of historic resources is confirmed, all activities, permits
and/or exemptions associated with that portion of the
535
subject site shall be temporarily suspended for a period
of three (3) working days, or until initial site
inspection, subsequent evaluation and site -release to
continue work is issued by the Environmental Planning
section, whichever occurs first. However, following the
initial site inspection, if human burial remains are found,
the Environmental Planning staff shall have authority to
temporarily suspend for up to fifteen (15) days all
activities, permits and/or exemptions concerning the
subject site until a subsequent inspection and evaluation
is conducted by a representative of a qualified agency with
experience in archaeological identifications or the medical
examiner. Any known or suspected archaeological sites,
artifacts, remains or other resources shall be reported to
the Historic Resources Advisory Committee, which shall have
the authority:
(a) To request that the property owner conduct a
scientific excavation and evaluation of the site
by under the direction of a bona fide
archaeologist.
(b) To make recommendations to the Board of County
Commissioners as to the nature, importance and
possible preservation and/or protection of the
known or suspected archaeological remains.
(c) To review for consistency all proposed mitigation
procedures and potential adverse impacts to the
subject site.
(d) To recommended/comment on variance requests for
archaeological protection.
(e) To recommended/comment on potential public
acquisitions for archaeological preservation.
(3) Excavations
All subsequent excavations, removals, preservations, designations,
displays or mitigations concerning a potential, known, or designated
archaeological site, must be approved by the Board of County
Commissioners upon recommendation by the Historic Resources Advisory
Committee and/or the appropriate state or federal authorities. All
approved excavations shall be in strict accordance with the
recommendations, permits, approvals or authorizations of the Board
of County Commissioners and/or any appropriate state or federal
agency with jurisdiction and knowledge of archaeological resources
within Indian River County.
536
(4) Human burials
Chapter 872 of the Florida Statutes (1987) (Offenses Concerning Dead
Bodies and Graves) effects a third degree felony for persons who
willfully and knowingly disturb any human burial remains. Any person
who knows or has reasons to know that an unmarked human burial is
being unlawfully disturbed, destroyed, defaced, mutilated, removed,
excavated or exposed shall immediately notify the local law
enforcement agency with jurisdiction in the area where the unmarked
human burial is located. Persons with knowledge of the disturbance
who fail to notify the local law enforcement agency will be guilty
of a misdemeanor of the second degree. All subsequent actions
concerning the subject human burial shall be in compliance with to
Chapter 872 of the Florida Statutes.
Sec. 933.10 Historic Properties, Sites and Structures.
(1) Minimum criteria for designation
Any historic resource included or eventually added to the Historic
Properties Survey of Indian River County, Florida, the National
Register of Historic Places, or any other appropriate and recognized
existing or future survey by an authorized agent of the local, state
or federal government, shall be subject to the provisions of this
ordinance, as contained herein. All deletions, additions or
amendments to the Historic Properties Survey or other authorized
surveys, maps or lists shall be subject to the processes, criteria,
reviews and approvals as outlined in this ordinance.
The following minimum criteria shall be utilized when evaluating a
structure, district, site or other resource for designation as an
Historic Resource or for inclusion in the Historic Properties Survey.
(a) The considered historic resource must be a
minimum of fifty (50) years old and contain
significant character, interest, or value as part
of the historical, cultural, aesthetic and
architectural heritage of Indian River County,
its municipalities, the surrounding counties, the
State, or the nation. General evaluation criteria
shall include the significance and association
of the building with the way of life or
activities of a major person, location, event,
family, business or institution recognized as
important to the county, its municipalities, the
surrounding counties, the state, or the nation;
or
(b) The considered historic resource displays the
historical, political, cultural, economic or
social trends of community history; or
537
(c) The considered designation displays unique and/or
distinguishing characteristics of an
architectural style, design period, method of
construction, detail, craftsmanship or material;
or
(d) The considered historic resource is a historic
or outstanding work of a prominent architect,
designer, engineer, builder or landscape
architect; or
(e) The site, building or structure meets the
historic development standards as defined by,
and listed in the regulations of, and criteria
for, the National Register of Historic Places,
as prepared by the U.S. Department of the
Interior, under the Historic Preservation Act of
1966, as amended.
Sec. 933.11 Incentives For Historic Preservation.
(1) Transfer of development rights - Any density which may have
been allocated to an archaeologically "designated" portion
of a site may be transferred to other portions of the site
(or if necessary, to other properties) so long as density
on the receiving site is not increased by greater than
twenty (20) percent of the density which is normally
allowed in the receiving sites zoning district. Such
density transfers shall be subject to the provisions of the
Planned Development zoning district.
(2) Tax Relief - Conservation easements may be recorded to
protect archaeologically "designated" sites, pursuant to
F.S. 704.06, and tax relief may be petitioned for
accordingly.
(3)
Mitigation - The Historic Resources Advisory Committee may
request that the Community Development Department apply for
variances to the Board of Adjustment, as needed, to
preserve historic resources.
(4) Public Acquisitions - The Historic Resources Advisory
Committee shall recommend which locally "designated" sites,
if any, are suitable for public acquisition, identify
funding sources and forward public acquisition
recommendations to the Board of County Commissioners for
action.
Sec. 933.12 Penalties/Enforcement.
Any person(s), agencies, or companies who carry out or cause to be
carried out any work, activity, or disturbance in violation of this
ordinance shall be required to restore the subject historic resource
or disturbed portion of the site either to its former appearance
and/or condition prior to the violation, or in accordance with the
538
recommendations of the Board of County Commissioners of Indian River
County. In addition, all violators of this ordinance shall be liable
for fines not to exceed five -hundred (500) dollars or 60 days in jail
for each violation of the provisions of this ordinance. Violations
may be pursued through
proceedings of the Indian River County Code Enforcement Board or a
court competent jurisdiction, and shall be in addition to and not in
lieu of any other civil or criminal prosecution and/or penalty
otherwise provided in the laws and ordinances of Indian River County,
the Laws and Statutes of the State of Florida, or the laws of the
United States of America.
\u\r\ord\history
539
Chapter 934
Excavation and Mining
Sec. 934.01 Short Title and Purpose
Sec. 934.02 Definitions Referenced
Sec. 934.03 Prohibited Activity
Sec. 934.04 Exemptions
Sec. 934.05 Water Management Standards
Sec. 934.06 Reserved
Sec. 934.07 Mining Permit Regulations
Sec. 934.08 Reserved
Sec. 934.09 Use of Public and Private Roads
Sec. 934.10 Duration and Completion of Permits
Sec. 934.11 Reserved
Sec. 934.12 Mining Permit Fees
Sec. 934.01 Short Title and Purpose.
(1) This chapter shall be known and may be cited as the Indian
River County Excavation and Mining Ordinance.
(2) The Indian River County Board of County Commissioners finds
that in order to prevent public nuisances, safety hazards
and damage to private and public property in the excavation
of land, and in order to protect the environment, including
the quality and quantity of ground and surface waters, it
is necessary to regulate excavation activities, including
mining, in Indian River County..
Sec. 934.02 Definitions Referenced.
The definitions of certain terms used in this chapter are set forth
in Chapter 901, Definitions, of the Indian River County Land
Development Code.
Sec. 934.03 Prohibited Activity.
It shall be illegal and subject to the penalties provided herein for
any person, association, corporation or other entity to excavate, or
mine (as defined in Chapter 901) any real property in Indian River
County, without first obtaining a mining permit for such activity,
except as exempted in Section 934.04 of this chapter. It shall also
be unlawful for any excavation, or mining activity governed by a
county permit issued in accordance with this ordinance to occur
contrary to the conditions of such permit, subject to the penalties
provided herein.
Sec. 934.04 Exemptions.
The following activities shall be exempted from the permitting
requirements of this chapter, except as specifically indicated:
540
(1) Agricultural use projects, including agricultural drainage
canals, and irrigation work incidental to agricultural
operations and stockwatering ponds, provided that:
(a) The property is agriculturally zoned, or if the
property is not so zoned, the agricultural use
project is allowed in accordance with Chapter
904, Nonconformities, of the County Land
Development Code;
(b) No excavated material is removed from the subject
property;
(c) No excavation shall take place within fifty (50)
feet of the property line; however, a ditch or
canal may be excavated within fifty (50) feet of
or along the property line, if written approval
is obtained from affected property owners; and
(d) Wetlands are protected from the excavation
activity, in accordance with the provisions of
this chapter.
(2) Earth moving in conjunction with the installation of a
utility, wherein the excavation is to be backfilled.
(3) Construction of state, federal, or local public roads and
public works within the limits of public property.
(4) Graves.
(5) Approved sanitary landfills.
(6) Any activity regulated by the Florida Electrical Power
Plant Siting Act and the Transmission Line Siting Act (Part
II, Chapter 403, F.S.) to the extent that the provisions
of this chapter are pre -emptied by said Acts. Maintenance
activities undertaken by a public utility as defined in
Section 366.02, Florida Statutes (1983) with regard to
existing electrical power plants, their reservoirs and
other related facilities.
(7) Excavation incidental to development permits.
(a) Excavation incidental to any authorized Indian
River County development order or permit,
including approved site plans, subdivision plats,
final development plans and/or building permits,
whereby no more than five thousand (5,000) cubic
yards of excavated materials are removed from the
premises. This paragraph shall not be construed
to exempt excavation activities resulting in the
creation of a waterbody from satisfying the water
541
management standards of Section 934.05 of this
chapter.
(b) For excavation incidental to authorized site
plans, subdivisions, or planned developments,
excavation material removal from the premises
may exceed 5,000 cubic yards, provided that:
1. The extraction process and hauling of
excavated materials from the premises
is completed within two months
following the issuance of a county
land development permit or release of
an approved site plan, as applicable,
and provided that such extraction and
hauling is limited to occurring
between the hours of 7:00 a.m. and
5:00 p.m. Monday through Friday;
2. Water depth within a created waterbody
(as applicable) shall not exceed
twelve (12) feet;
3. The provisions of Section 934.07(5)
are satisfied, pertaining to the
posting of compliance and restoration
bonds;
4. The provisions of Section 934.09 are
satisfied, pertaining to the hauling
of excavated materials on public and
private roads;
5. The provisions of Section 934.05 are
satisfied, pertaining to water
management standards for created
waterbodies; and
6. No dewatering occurs within one
thousand (1,000) feet of any platted
subdivision that is not serviced by
public water.
(8) Maintenance dredging of lakes or canals.
(9) A pond or ponds on a single-family residential lot,
provided that:
(a) The total surface area of the pond or ponds is
not greater than one-half (1/2) acre in size or
thirty-five (35) per cent of the lot, whichever
is more restrictive;
542
(b) No excavation takes place within fifty (50) feet
of the lot property line. Notwithstanding, in
cases where the pond is necessary to meet
stormwater management cut and fill balance
requirements, said setback may be reduced to 25%
of parcel width perpendicular to a given lot
line, as applicable;
(c) The excavation does not disturb any existing
wetland;
(d) Pond depth does not exceed twelve (12) feet;
(e) Side slopes are not greater than one foot (1)
vertical to four (4) feet horizontal;
(f) There will be no hauling of excavated material
from the property, unless the excavation is
conducted to satisfy cut and fill balance
requirements for stormwater management purposes,
as verified by the county engineer, provided
removal of excavated material off-site is the
minimum necessary to satisfy said requirements;
(g) It is demonstrated that the pond excavation is
the minimum necessary to satisfy the intended
use of fill on site, as applicable; and
(h) A pond permit is obtained from the County
Planning Division, including the posting of a
five hundred dollar ($500.00) bond to be returned
upon verification by county staff that the above
criteria have been satisfied.
Sec. 934.05 Water Management Standards.
Any excavation or mining activity in the unincorporated county which
results in the creation or expansion of a waterbody (as defined in
Chapter 901) greater than one-quarter acre in size shall be subject
to the following standards, except as specifically exempted in
Section 934.04 of this chapter:
(1) A littoral zone shall be established as part of the created
waterbody. A design and management plan must be submitted
which shall:
(a) Include a topographic map of the proposed
littoral zone showing the control elevation
contour and the minus two -and -one -half -foot (2
1/2') control water elevation contour, and
include a cross-sectional view of the littoral
zone planting design, showing the required slopes
543
from the top of the bank to a depth of two and
one-half (2 1/2) feet below the control water
elevation;
(b) Specify how vegetation is to be established,
including the extent, method, type and timing of
any planting provided;
(c) Provide a description of any water management
procedures to be followed in order to ensure the
continued viability and health of the littoral
zone;
(d) Include a plan view which documents the location
and extent of the littoral zone.
(2) The established littoral zone shall consist of native
vegetation, and shall be maintained permanently as part of
the waterbody. All landscaping, littoral zone revegetation
plans and lake management plans shall comply with St. John
River Water Management District rules.
(3) Within extended littoral zone shelves (at the landward base
of the littoral zone side slopes), the applicant is
required to provide a minimum of one tree for every five
hundred (500) square feet of littoral zone coverage. The
proposed trees must be a minimum size consistent with
Florida Division of Forestry seedlings (ten (10) inches
tall at planting depth) and consist of native, freshwater
wetland varieties (e.g. red bay, red maple, bald cypress).
(4) The slopes of the waterbody areas from top of bank to the
littoral zone area shall not exceed one (1) foot vertical to
three (3) feet horizontal. Littoral zones and extended littoral
zone shelves shall be located within an area bounded by a
landward limit of one (1) foot above the control water elevation
and a waterward limit of two and one-half (2 1/2) feet to four
(4) feet below the control water elevation. The amount or area
of littoral zone shall be computed at a rate of fifteen (15)
square feet of littoral zone (below control elevation) per
linear foot of shoreline. The littoral zone slope shall not be
steeper than an average slope of one (1) foot vertical to six
(6) feet horizontal, and the littoral zone need not be
established in a continuous band around the waterbody. Although
no minimum slope below the littoral zone is required, the slope
below the littoral zone shall be constructed so that natural
soil movement will not reduce the littoral zone area.
(5)
There will be no significant adverse off-site impact on
groundwater quality or groundwater levels. In the event of
dewatering associated with excavations (including mining),
the applicant shall present evidence that no salt -water
intrusion and/or reduction in quality or quantity of well
544
water available to properties within one-fourth (1/4) mile
of the permitted activity will occur.
(6) The water management system, including swales and
interconnected wetlands and lakes, must be specifically
designed to inhibit siltation and eutrophication processes.
To ensure this, the applicant must submit an environmental
management and lake monitoring plan, specifying the method
for monitoring the system and corrective actions should
eutrophication and/or siltation occur.
(7) A twenty -foot -wide access maintenance easement shall be
provided for every one thousand (1,000) feet of
shoreline. This easement shall extend from below control
elevation of the lake to a public or private road right-
of-way.
Sec. 934.06 Reserved.
Sec 934.07 Mining Permit Regulations.
(1) Applicability. A county mining permit shall be required
for any mining activity (as defined in Chapter 901) in the
unincorporated county, except as exempted in Section 934.04
of this chapter. Any request for a mining permit shall be
considered an application for site plan approval, and the
procedure set forth in the County Land Development Code for
such applications shall be followed. The provisions of this
section shall be considered as conditions to the
administrative permit use or special exception use as
allowed and specified in Chapter 971, Specific Land Use
Criteria.
(2) Application procedures. Mining permit applications shall
be made to the Community Development Department, in
accordance with site plan submittal requirements set forth
in the County Land Development Code. The site plan
application must also demonstrate that, in addition to
conformance with all County codes, the conditions of the
mining permit are met as specified herein. Specified
submittal requirements shall include:
(a) A mining plan, including:
1. Plan view and cross-sections of mining
area;
2. Amount of fill to be removed;
3. Timetable of mining activity;
4. Method of mining;
5. Hours of operation; and
6. Safety/security plan.
(b) A restoration plan, including:
545
1. A description of the eventual future
use of the site; and
2. Final grades of the site.
(3) Conditions of the mining permit.
(a) The maximum project -site development phase for
mining activities shall not exceed 20 acres per
phase.
(b) No mining excavation shall occur within one
hundred fifty (150) feet of a projected right-
of-way line of any existing or proposed public
road, nor within one hundred fifty (150) feet of
the outer perimeter of the project property.
Where a mining operation consists only of the
removal of a mound and does not consist of
lowering the elevation of ground below the
neighboring property, an exception of the one
hundred fifty (150) feet setback may be permitted
at the time of site plan approval.
(c) Any mining activity that results in the creation
or expansion of a waterbody greater than (one-
quarter (1/4) acre in size shall be subject to
the provisions of Section 934.05, water
management standards, of this chapter. Projects
creating waterbodies must also provide a
safety/security plan for the mining operation
phase, including, but not limited to, fences,
access, control, and other security methods.
(d) If the project site is of a size that falls below
St. Johns River Water Management District
permitting thresholds and is located (in whole
or part) on the Atlantic coastal sand ridge, no
excavation governed by a mining permit shall
result in an average elevation of less than
twenty-five (25) feet mean sea level (MSL) for
that portion of the project site located on the
sand ridge. Mining project sites that are large
enough to fall within
Saint Johns River Water Management District
(SJRWMD) permitting requirements shall conform
to SJRWMD permitting requirements concerning
depth of mining and all other applicable SJRWMD
permitting requirements.
(e) If the project site is adjacent to a
residentially zoned area, the perimeter of the
site abutting such an area shall include a fifty -
foot wide bufferyard and a type "A" buffer along
said site boundary.
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(f)
(g)
No crusher,mixing plant, bin, tank, or structure
directly involved in the production process shall
be located less than six hundred (600) feet from
any adjacent residentially zoned property, and
two hundred fifty (250) feet from all other
adjacent nonresidentially zoned property.
Hard rock mining activities shall ensure that
measures are taken to control dust.
(h) The Indian River County Planning and Zoning
Commission shall, upon approval of the mining
site plan, order issuance of an operating permit
to the owner of the land under his signature, and
such permit shall be issued within ten (10) days
after the determination of compliance by the
commission.
(1)
(j)
Provisions for continuing operation. Nothing
herein shall be construed as a requirement that
an operator of an existing sand mine shall cease
operations until a mining site plan has been
approved, provided a mining site plan has been
previously approved and maintained.
The Planning and Zoning Commission shall approve
a reasonable timetable for the completion of all
mining activities, including restoration.
(4) Operating conditions of mining.
(a) Applicants operating in an agricultural zoning
district, where the project does not abut a
single-family residential district, shall not be
limited to specific hours of operation unless a
determination is made by the Planning and Zoning
Commission concerning the need to limit hours of
operation due to the anticipated impact of the
mining operation on surrounding properties.
Applicants operating adjacent to residential
zoning districts shall be permitted to operate
between the hours of 7:00 a.m. to 5:00 p.m. on
weekdays; operation other than 7:00 a.m. to 5:00
p.m. may be permitted by the Board of County
Commissioners if the impact of the mining
operation on surrounding properties will not
constitute a nuisance to the neighborhood,
contrary to county noise and vibration control
regulations.
(b) The land surface shall be restored to a condition
which is in complete compliance with the site
plan for reclamation and rehabilitation of the
area. The mining excavation pit shall not be
located within one hundred fifty (150) feet of
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the projected right-of-way line of any existing
or proposed public road nor within one hundred
fifty (150) feet of the outer perimeter of the
land area. Where a mining operation consists only
of the removal of a mound and does not consist
of lowering the elevation of ground below the
neighboring property, an exception to the one -
hundred -fifty (150) foot outer perimeter setback
may be permitted at the time of the site plan
approval. All slopes and banks shall be sloped
at a ratio of not steeper than three (3) feet
horizontal to one (1) foot vertical, graded,
grassed and stabilized.
(c) Permanent project boundary corners with
intermediate stakes at a minimum interval of
three hundred (300) feet, and all limits of
excavation shall be staked, marked and maintained
with visible flags in the field, in accordance
with approved plans for the permit.
(d) Annual progress report. The operator holding a
valid mining permit shall file, on or before
October 1 of each year, a written report to the
Community Development Department identifying the
lands mined and reclaimed for the preceding
calendar year and identifying lands expected to
be mined and lands planned for reclamation during
the current year. The report shall also verify
compliance with all conditions of other
permitting authorities and shall note the
expiration dates for all permits. Failure to file
the required annual progress report shall be
grounds for suspension of the operating permit;
however, an extension of time for filing may be
granted by the Planning and Zoning Commission
upon request and for reasonable cause.
Requirement of bonds.
(a) Intent. Compliance and restoration bonds shall
be posted to ensure that the site is developed,
operated, and restored in conformance with the
approved mining site plan. The compliance bond
can be assessed as a penalty only to violations
of site plan approval that are chargeable to the
mining permit holder, and those under his
supervision, direction, or control. The
restoration bond is to provide funds to restore
the site.
(b) Amount. The compliance bond shall be posted in
the amount of one thousand dollars ($1,000.00)
per acre of project site with a minimum of
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five thousand dollars ($5.000.00). The
restoration bond shall be posted in the amount
of one thousand dollars ($1,000.00) per acre of
excavation with a minimum of five thousand
dollars ($5.000.00).
(c) Phasing. When one phase of twenty (20) acres or
less is completed and in conformance with the
submitted site plan for reclamation and
rehabilitation, and in conformance with this
chapter, the compliance and restoration bonds
may be transferred to the next phase under the
approved plan. More than one phase at a time may
be mined concurrently; however, each phase shall
be fully bonded, as required by this chapter.
(d) Renewal. Within thirty (30) days preceding bond
expiration, a bond renewal or new bond, in a form
and amount approved by the Community Development
Director and County Attorney, must be on file in
the Community Development Department. This
process shall be continued through the completion
of each mining operation.
(e) Forfeiture. Upon a finding of noncompliance with
this chapter or the approved mining site plan or
reclamation site plan; or failure to renew bonds
within thirty (30) days of expiration, the
Community Development Director shall notify the
permit holder in writing of .the noncompliance and
the pending forfeiture of the compliance and/or
restoration bond. This notice shall also include
notice of the appeal process.
1. The compliance bond shall be forfeited
for violating the conditions of site
plan approval including, but not
limited to, unapproved off-site
discharge of water, failure to confine
hauling to approved hauling routes,
operating in violation of the
safety/security plan, excavating
within required setbacks, mining of
additional phases prior to restoration
of the previous phase, and activity
not consistent with permits issued by
other jurisdictional agencies. Upon
appeal by the applicant, the Board of
County Commissioners may, upon
findings of fact, determine that the
violation did not occur or was
insignificant and may return all or
part of the compliance bond.
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2. The restoration bond shall be
forfeited for violating the conditions
of restoration plan approval
including, but not limited to, mine
abandonment prior to restoration,
restoration not completed within the
approved time frame, restoration not
consistent with water management
standards as contained in Section
934.05 of this chapter, and
restoration activity not consistent
with permits issued by other
jurisdictional agencies. The county
shall use the fund to restore the site
in conformance with the approved
restoration plan. Any funds remaining
after the completion of the work shall
be returned to the bond holder.
(f) Appeals.
1. Any person receiving written notice of
suspension of a permit and bond
forfeiture may within fifteen (15)
days following the date of such notice
enter an appeal in writing to the
Board of County Commissioners of
Indian River County, Florida. Such
appeal shall state the location of the
property, the date of the notice of
violations, and the grounds or basis
of the appeal. The Board of County
Commissioners, after holding a hearing
on this appeal, may continue the
suspension, modify the suspension,
revoke the operating permit, call for
forfeiture of any bonds, or reverse
the decision of the Community
Development Director.
2. No appeal filed later than fifteen
(15) days after the date of such
notice shall be acted upon by the
Board of County Commissioners, unless
the County Administrator shall consent
thereto.
Sec. 934.08 Reserved.
Sec. 934.09 Use of Public and Private Roads. Any
mining permit issued pursuant to this
ordinance shall be subject to the
following provisions:
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(1) The applicant shall ensure that neither public nor private
property will be damaged by the hauling of mined materials
and that hazardous traffic conditions will not be created.
All such applications shall identify an authorized fill
hauling route. If private roads or
easements are intended to be used, written permission shall
be submitted from the person or persons owning said road
or easement as part of the application materials. No load
limits shall be exceeded along the haul route.
(2) Where deemed necessary by the County Engineer, mats,
culvert, ramps, or paved drives shall be placed a entrances
and/or exists of haul sites in such positions that pavement
edges, shoulders, curbs and sidewalks will be protected
from damage.
(3) If any of the hauling route is over county maintained,
unpaved roads, the permittee must maintain that section of
the hauling route during the hauling operation, and
security for this purpose may be required, as determined
by the County Engineer. If security is required based upon
number of trips on the unpaved roads, the frequency of the
trips, and the duration of the activity, said security
shall not exceed $2,000 per mile of unpaved roadway
identified on the approved hauling route for the mine.
(4) Where vehicles hauling excavated materials use public
roads, such vehicles shall be covered in a manner to
prevent fill spillage, to the satisfaction of the County
Engineer.
(5) All hauling vehicles shall have the trucking company name
(or truck owner's name if vehicle is privately owned)
prominently displayed on the sides of the vehicle.
Sec. 934.10 Duration and Completion of Permits.
(1) All permits shall expire one year from the date of
issuance, except when otherwise authorized by a site plan
or subdivision approval. A permit may be renewed by paying
a renewal fee and filing an annual progress report
demonstrating that the permit criteria have been met. The
report must meet the specification of Section 934.07(4)(d)
of this chapter.
(2) For all permitted projects, a record drawing by a surveyor
or engineer registered in the State of Florida shall be
provided to the Community Development Department at the
completion of the permitted project. The record drawing
shall contain sufficient information to indicate that all
of the requirements of this chapter have been satisfied,
and shall include cross-sections of the excavation and a
551
(3)
plan drawing which locates the extent of the excavation
with dimensions to all property lines.
The permittee shall maintain a copy of the mining permit
on the permitted site during the entire permit period. Said
permit shall be fully visible at a location designated in
the application.
(4) No permit shall be issued under this chapter if a violation
of this chapter is existing on the subject property, nor
shall any permits be issued to any person who is currently
in violation of this chapter. This section is not intended
to prohibit the issuance of a permit to correct any
existing violation.
Sec. 934.11 Reserved.
Sec. 934.12 Mining Permit Fees.
(1) The applicant for a mining permit shall be required to file
a fee with the application in an amount to be established
by resolution of the Board of County Commissioners.
(2) Permit renewal fees shall be one-half (1/2) the amount of
the original fee.
u/r/ord/mining
552
Chapter 951
Road Addressing System
Sec. 951.01 Short Title
Sec. 951.02 Purpose and Intent
Sec. 951.03 Definitions Referenced
Sec. 951.04 Assignment of Building Numbers and Road
Designations
Sec. 951.05 Road Identification Grid System
Sec. 951.06 Building and Site Number System
Sec. 951.07 Posting of Numbers on Building
Sec. 951.08 Change of Building Address
Sec. 951.09 Appeals
Sec. 951.01 Short Title.
This chapter and the provision contained herein shall be known as
the "Indian River County Road Addressing System Ordinance."
Sec. 951.02 Purpose and Intent.
This chapter is adopted pursuant to the authority granted the Board
of County Commissioners of Indian River County under the home rule
power granted in the Florida Statutes, for the purpose of providing
a uniform road addressing system for buildings and structures on
public and private roads in Indian River County.
Sec. 951.03 Definitions Referenced.
The definitions of certain terms used in this chapter are set forth
in Chapter 901, Definitions, of the Indian River County Land
Development Code.
Sec. 951.04 Assignment of Building Numbers and Road
Designations.
The Indian River County Community Development Department shall, in
the unincorporated areas of the county, be responsible for the
issuance of all new building numbers and road designations in
conformance with the grid system as described in this chapter. The
Community Development Department shall also be responsible for giving
notice to unincorporated county property owners whose property
addresses conflict with the number system. The department shall
coordinate with county emergency management services, the sheriff's
department, and the applicable phone company to ensure that all
appropriate agencies are notified of new or changed building numbers
and road designations.
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Sec. 951.05 Road Identification Grid System.
The numbering and designation of all new roads shall be accomplished
by relating them to the existing grid system. The following
methodology shall be utilized in determine the appropriate road
designations.
(1) Grid numbering system:
(a) All basic roads (and their
projections) running east and west
shall be designated as "streets", and
all basic grid roads and their
projections running north and south
shall be designated as "avenues."
(b) Road numbers shall increase to the
north and south from 1st Street, and
to the east and west from 1st Avenue.
(c) All roads south of 1st Street and west
of 1st Avenue shall utilize a
southwest (S.W.) directional suffix.
(d) All roads lying south of 1st Street
and east of 1st Avenue shall utilize
a southeast (S.E.) directional suffix.
(e) All roads lying north of 1st Street
and east of 1st Avenue shall utilize
an east (E) directional suffix.
(2) Further division within the grid:
(a) Where further division requires roads
to be located between two sequentially
numbered "streets" north of 1st
Street, such roads shall be
identified, in order, from south to
north as "place," "lane," and "manor,"
and shall carry the same number as the
reference "street" (the nearest street
to the south). Roads between two (2)
sequentially numbered "streets" south
of 1st Street shall be identified in
order, from north to south as "place,"
"lane," and "manor," an shall carry
the same number and suffix as the
reference "street" (the nearest street
to the north).
(b) Roads to be located between two (2)
sequentially numbered "avenues" west
of 1st Avenue will be identified, in
554
(3)
order,from east to west as "court,"
"terrace," and "drive" and will carry
the same number as the reference
"avenue" (the nearest avenue to the
east). Roads between two (2)
sequentially numbered "avenues" east
of 1st Avenue will be identified, in
order, from west to east as "court,"
"terrace," and "drive" and will carry
the same number and suffix as the
reference "avenue" (the nearest avenue
to the west).
Other roads:
(a) The designations of "highway",
"boulevard", and "parkway" are to be
reserved for major (four (4) lanes or
larger) roads; "boulevard" may also be
used for roads with landscaped
medians.
(b) The designations of "circle" or
"square" shall be reserved for
circular, rectangular, or horseshoe -
shaped roads which originate and
terminate on the same road.
(c) In cases where a public or private
road runs on a diagonal in contrast to
the regular orientation of "streets"
(east -west) and "avenues" (north -
south), the road designation (i.e.
"street" or "avenue") and number shall
be determined based on the grid
direction which is most closely
approximated.
(4) Named roads:
(a) The requirement of number designations
for roads in the unincorporated county
shall not apply to named roads
established prior to the date of this
chapter.
(b) All new roads established in the
unincorporated county shall be issued
a number designation in conformance
with the grid pattern as described
herein. An exception to this
provision, being the designation of a
new road with a name instead of a
number, may only be granted upon
appeal to the County Planning and
555
Zoning Commission, as set forth in
Section 951.09.
(5) Road signs:
(a) When roads are created in association
with platted subdivisions or planned
developments (PDs), the cost of
required road signs shall be borne by
the developer and/or development home
owners' association.
(b) Road sign design shall be reviewed by
the county in accordance with
subdivision and PD review
requirements, as set forth in the
County Land Development Code.
Sec. 951.06 Building and Site Numbering System.
The numbering of buildings and sites in the unincorporated areas of
Indian River County shall be accomplished in accordance with the grid
system as described in this chapter. The following methodology shall
be utilized in determine the appropriate building and/or site number
designation:
(1) Basic grid reference.
(a) All buildings and sites in the
unincorporated areas of Indian River
County shall be assigned whole numbers
(no fractions) related to the existing
basic grid system which establishes
consecutively numbered "streets" and
street projections as the north -south
reference, and consecutively numbered
"avenues" and avenue projections as
the east -west reference.
(b) All buildings and sites shall be
considered to be located between two
(2) consecutively numbered "streets"
or "avenues" or their projections or
extensions as they would appear on a
grid laid out on a map of the county,
regardless of whether or not the
"streets" or "avenues" physically
exist.
(2) Number ranges. Numbers of all buildings and sites
shall begin with the "hundred"(100) number of the
lower of the two (2) consecutive "streets" or
"avenues" (or equivalent grid projections)
between which the site or building is located and
will be evenly distributed between the
556
(3)
intersecting "streets" so that any number on one
street or avenue will occupy a corresponding
location on a parallel "street" or "avenue" in
any other part of the county.
Even and odd numbers. Except as provided for in
Section 951.06(4), even numbers shall be issued
to building and sites on the north or east side
of a public or private right-of-way. Odd numbers
shall be issued to buildings and sites on the
south or west side of a public or private right-
of-way. Upstairs entrances shall be assigned a
full number and no fractional numbers shall be
used.
(4) Numbering on "circle" and "square" road
designations. On roads designated as a "circle"
or "square", as described in Section
951.05(3)(b), the building number sequence shall
be as follows:
(5)
(a) Building numbers shall increase
sequentially in a clock -wise
directions around the full perimeter
of the "circle" or "square." Even
numbers shall be designated for
buildings on the inner side of
"circle" or "square," and odd numbers
designated for buildings on the outer
side of the "circle" or "square."
(b) Variation from numbering sequence. If
it is determined by the County
Community Development Department that
the numbering sequence described in
section 951.06(4)(a) is not
appropriate for a "circle" or "square"
with reference to the surrounding grid
pattern, the department reserves the
right to issue road designations and
building numbers in a manor best
suited to the grid system.
Corner lot numbering. The assignment of numbers
for buildings on corner lots shall be determined
according to which public or private right-of-
way the building faces, as determined by the
Community Development Director.
Sec. 951.07
All buildings
a manner such
road on which
Posting of Numbers on Buildings.
shall have the assigned building number displayed in
that the number is visible from the public or private
the building fronts, whether or not mail is delivered
557
to the building. A certificate of occupancy will not be issued for
a new building or structure until the building number has been
displayed, in accordance with the following criteria:
The number must be in Arabic numerals; approval
will not be given for numbers which are difficult
to read.
The numbering must be of a weather -resistant
material and securely affixed.
The numerals shall be
in height, shall be a
immediate background
clearly readable from
on which the building
at least three (3) inches
color contrasting with the
material, and shall be
the public or private road
fronts.
(4) A property owner or his agent shall have the
responsibility of contacting the Community
Development Department to determine the correct
building number or numbers to be assigned to all
buildings located or constructed on his property
in the unincorporated area of Indian River County
after the effective date of this chapter. The
owner or his agent shall post the building number
in accordance with this chapter.
Sec. 951.08 Change of Building Address.
The following regulations are established for the notification of
change of address:
(1) Notice to comply. Where the existing building
number does not conform to the requirements
provided in this chapter, the Community
Development Department shall provide a notice to
comply to the owner and occupants of the
building. A building number shall be considered
nonconforming if it does not conform with the
aforementioned grid numbering system, if a
building number does not exist, or if a building
number is not maintained in accordance with the
provisions of Section 951.07.
(2) Contents of notice. A notice to comply shall
contain the following:
(a) The correct building number and a
requirement that the property owner
post the number in accordance with the
requirements of this chapter within
thirty (30) days from the date of the
notice.
558
(3)
(b) The name of the person notified.
(c) The date of the notice. A copy of the
notice to comply shall be kept on file in
the Community Development Department.
Within thirty (30) days from the notice to
comply, the owner of the property shall ensure
that the building number conforms to the
requirements of this chapter.
Sec. 951.09 Appeals.
(1) Appeal of building address determination. If any
owner shall feel aggrieved by any building
address determination or demand made under this
chapter, the owner shall have the right to an
administrative review of such determination or
demand. In order or exercise this right, the
owner, within thirty (30) days following receipt
of the notice containing said determination or
demand, shall send a written notice to the
Community Development Department Director
requesting that the director review such
determination or demand within thirty (30) days
and shall come to a determination. The owner
shall comply with the determination of the
Community Development Department Director unless,
within fifteen (15) days after such
determination, the owner files a request for
review by the Indian River County Board of County
Commissioners. The Board of County Commissioners
shall schedule a hearing to be held within thirty
(30) days following receipt of such notice and
shall notify the owner of the date and time of
the hearing and shall permit him to present
evidence and argument at that hearing. After such
hearing, the Board shall come to a determination
on such matter, and such determination shall be
the final position of the county.
(2) Appeal of road number designation requirement.
Any developer/applicant of a planned development
(PD) or subdivision plat who wishes to appeal the
requirement of road number designations, may do
so concurrently with preliminary PD or
subdivision plat plan approval. The appeal shall
be in writing to the Community Development
Department, and shall be submitted along with
written response to county staff's preliminary
plat review discrepancy letter, as explained in
Chapter 913, Subdivisions and Platting, of the
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County Land Development Code. The road
designation appeal shall be forwarded along with
preliminary plat plans, applications, and staff
recommendations to the County Planning and Zoning
Commission for review and consideration of
approval. In reviewing the appeal, the Board
shall ensure that in no case shall a proposed
road name duplicate or closely approximate an
existing road name, and shall consider the effect
of the proposed road names with regard to 911
emergency response. The decision of the Planning
and Zoning Commission shall be final, unless the
determination is further appealed to the Board
of County Commissioners.
/u/r/ord/address
Chapter 952 Traffic
Sec. 952.01 Title
Sec. 952.02 Purpose & Intent
Sec. 952.03 Applicability
Sec. 952.04 Definitions
Sec. 952.05 Compliance with County Thoroughfare Plan
Sec. 952.06 Roadway Level of Service Standards
Sec. 952.07 Traffic Impact Study
Sec. 952.08 Right -of -Way Requirements
Sec. 952.09 Paved Road Requirements
Sec. 952.10 Road Improvement Design
Sec. 952.11 Traffic Control Devices
Sec. 952.12 Access Control
Sec. 952.13 Vehicular Circulation
Sec. 953.14 Pedestrian Circulation
Sec. 952.15 Bikeway System
Sec. 952.16 Street Names & Numbering Systems
Section 952.01 TITLE
This chapter, the terms and provisions contained herein, shall be
known as the "Traffic Ordinance" of Indian River County, Florida.
SECTION 952.02 PURPOSE AND INTENT
It is the purpose and intent of this chapter to provide traffic and
roadway regulations necessary to maintain the public health, safety
and welfare of the citizens of Indian River County. It is further
the intent of this chapter to establish procedures and standards
consistent with the goals, objectives and policies of the adopted
Comprehensive Plan for Indian River County.
SECTION 952.03 APPLICABILITY
The requirements set forth in this chapter shall be applicable to
all land development activities in the unincorporated area of Indian
River County.
SECTION 952.04 DEFINITIONS
The definitions used in this Chapter are included in Chapter 901.
561
Section 952.05 Compliance with County Thoroughfare Plan
The Traffic Circulation Element of the Indian River County
Comprehensive Plan and the Specific Thoroughfare Plan Road Right-
of-way Table (see Appendix) shall serve as the official standard for
acquiring right-of-way, designing road improvements, designating
traffic control devices and determining access requirements,
including frontage roads.
Section 952.06 Roadway Level of Service Standards
(1) Maintain Minimum Service Levels
No development order shall be approved for any project where
the project traffic on any roadway segment combined with the
existing volumes and committed volumes for that segment would
reduce service levels below the following: a level of service
"C" at all rural major intersections and on rural principal
arterials and rural freeways during peak hour, peak season, and
peak direction conditions; a level of service "D" on all other
freeway, arterial and collector roadways and major intersections
during peak hour, peak season, peak direction conditions.
Section 952.07 Traffic Impact Study
(1) Purpose
(a) The purpose of a traffic impact study is to identify the
potential impacts of new development on the Indian River
County transportation system and to provide information
which will allow a concurrency determination to be made on
each impacted segment. The traffic impact study will
identify development traffic volumes on each impacted
segment, identify those segments on which the adopted level
of service cannot be maintained, include segment and
intersection analysis and identify potential solutions for
those segments and intersections on which the adopted level
of service is not being met.
(2) Intent
(a) The intent of this section is to define the requirements,
procedures and methodology for the submission of a traffic
impact study in Indian River County and to provide an
equitable, consistent and systematic means of determining
the future impact of proposed developments while
maintaining the adopted service levels on all roadways.
(b) Nothing contained in this section shall waive any
requirement contained elsewhere in the Indian River County
Code.
562
(3)
Definitions
(a) The definitions used in this section are included in
Chapter 901.
(4) Applicability
(a) The requirements, procedures and methodology for a traffic
impact study contained in this section shall apply to all
conceptual, initial and final development orders and
concurrency determination applications in unincorporated
Indian River County.
(b) Any municipal jurisdiction within Indian River County
opting to have development projects located within its
municipal boundaries reviewed under the Indian River County
Concurrency Management System for Transportation shall be
required to follow the requirements, procedures, and
methodology for the submission of a traffic impact study
contained in this section.
(5) Types of Traffic Impact Studies
(a) Small Project (0-99)
1. For projects generating less than 100 average daily
trips, trips will be assigned by the Director of
Public Works.
2. It will be the responsibility of the applicant or his
engineer to determine and demonstrate to the Director
of Public Works that the small project will generate
less than 100 average daily trips. A letter
documenting the appropriate trip generation rate(s)
will suffice. Individual single-family residential
development is excluded from this requirement.
(b) Traffic Impact Statement (100-499)
1. A Traffic Impact Statement shall be required for all
projects generating between 100 and 499 average daily
trips and which have no impacted segment at or above
90 percent of available capacity at the applicable
service level with the inclusion of prior vested
traffic.
2. It will be the responsibility of the applicant or his
engineer to determine and demonstrate to the Director
of Public Works that the subject project impacts no
segments which are at 90 percent or more of service
capacity with the inclusion of prior vested traffic.
3. A Traffic Impact Analysis will be required for every
project impacting one or more segments which are at
563
90 percent or more of service capacity with the
inclusion of prior vested traffic.
(c) Traffic Impact Statement (500-1000)
1. A Traffic Impact Statement shall be required for all
projects generating between 500 and 1000 average daily
trips and which have no impacted segment at seventy
(70) percent of available capacity at level of service
"E" based on the Florida Department of
Transportation's Generalized Level of Service Tables
with the inclusion of prior vested traffic.
2. It will be the responsibility of the applicant or his
engineer to determine and demonstrate to the Director
of Public Works that the subject project impacts no
segments which are at 70 percent or more of service
capacity with the inclusion of prior vested traffic
at level of service "E" based on the Florida
Department of Transportation's Generalized Level of
Service Tables.
3. A Traffic Impact Analysis will be required for every
project impacting one or more segments which are at
70 percent or more of service capacity with the
inclusion or prior vested traffic at level of service
"E" based on the Florida Department of
Transportation's Generalized Level of Service Tables.
(d) Traffic Impact Analysis (>1000)
1. A traffic Impact Analysis shall be required for every
project generating more than 1000 average daily trips.
(e) For Developments of Regional Impact or Florida Quality
Development projects, the analysis required by Indian River
County for the purposes of determining concurrency and
level of service compliance may be, at the Director of
Public Work's option, the same as the transportation
methodology agreed on for preparing the application of
development approval required by 380.06(10), Florida
Statutes. Otherwise, the required transportation analysis
will be the same as that identified for a traffic impact
analysis.
(6) General Requirements
(a) Submission of a traffic impact study is required for a
Determination of Application Completeness, data sufficiency
in the Concurrency Review Process and identification of
needed traffic operations improvements.
(b) The applicant and/or his engineer is required to attend a
pre -application conference to discuss the traffic impact
statement or analysis requirements, and report outline as
564
it pertains to his specific project prior to conduct of the
study.
(c) Each Traffic Impact Statement or Traffic Impact Analysis
must meet the following submission requirements in order
to receive a Determination of Application Completeness.
1. Five copies of the completed Traffic Impact Statement
or Analysis must be submitted to the Indian River
County Community Development Department.
The Community Development Department will distribute
the copies as follows: one copy to the Community
Development Department project file; one copy to the
Community Development Department, Long Range Planning
Section; and three copies to the Public Works
Department.
2. The format of the Traffic Impact Statement or Analysis
must follow the outline identified in Section
952.07(7), Format of Traffic Impact Study.
3. The Traffic Impact Statement or Analysis will include
a Concurrency Determination Network form annotated
with each impacted segment's average annual daily
project traffic and peak hour, peak direction, peak
season project traffic volumes.
4. The Traffic Impact Statement or Analysis will include
a Concurrency Determination Network map illustrating
each impacted segment's average annual daily project
traffic and peak hour, peak direction and peak season
project traffic volumes and associated levels of
service.
5. The Traffic Impact Analysis must be signed and sealed
by a registered professional engineer whose area of
practice is transportation engineering.
(d) The Community Development Department shall have 3 days to
issue a Determination of Application Completeness and Data
Sufficiency.
(e) The Director of Public Works shall have 15 days from the
date of Determination of Application Completeness to
evaluate and determine if roadway capacity is available on
each impacted segment as presented in the traffic impact
study.
(f)
The following procedure will be followed if the Director
of Public Works determines that additional information
concerning the traffic impact study is required.
1. If the additional information can be provided by the
applicant no later than the 7th day of the 15 day
565
review. period, the review will be completed within
the 15 day time limit.
2. If the additional information is not provided by the
7th day of the review period, the traffic impact study
must be resubmitted, along with other required
information for Determination of Application
Completeness and Data Sufficiency.
(g) The appeals process for a traffic impact study shall be
governed by the procedure set forth in Section 910.11,
Appeals Process and Vested Rights Determination.
(h) Site access for a traffic impact study shall be consistent
with the requirements identified in Section 952.12, Access
Control. The applicant or his engineer is required to
provide a site access plan at the pre -application
conference. The site access plan is subject to review and
approval by the Director of Public Works. This review will
be made according to currently accepted traffic engineering
principles.
(i) Once a Determination of Application Completeness and Data
Sufficiency is made, and the Traffic Impact Study has been
reviewed and accepted by the Director of Public Works, it
will be valid for as long as the Concurrency Review Process
is active for the specific project being reviewed or one
year, whichever is longer.
(7) Format of Traffic Impact Study
(a) In order to simplify staff review, all Traffic Impact
Statements will be required to follow the outline defined
below. Further definition and clarification of the items
listed in the outline may be found in subsequent sections.
Figures and maps are to be used to the maximum extent
possible.
1. Title page
2. Letter of transmittal
3. Table of contents
- List of Figures
- List of Tables
4. Introduction (includes description and location of
projects, current and proposed zoning, both address
and map format, size of the project and summary of
pre -application conference).
5. Inventory of existing conditions (includes listing of
all segments within the study area, use of existing
traffic count data, if available, and identification
of roadway characteristics)
6. Trip generation (from Trip Rate and Percent New Trips
Data Table)
7. Percent new trips (from Trip Rate and Percent New
Trips Data Table)
566
8. Traffic distribution and assignment methodology
9. Area of influence shall be determined by the
assignment of project traffic to a level of 5% or 50
daily trips whichever is less.
13. Internal site circulation and access needs
14. Appendix (as applicable to the specific traffic impact
study)
Trip generation, internal and adjacent street
capture worksheets
- Trip distribution and assignment worksheets
(b) In order to simplify staff review, each Traffic Impact
Analysis will be required to follow the outline defined
below. Further definition and clarification of the items
listed on the outline may be found in subsequent sections.
Figures and maps are to be used to the maximum extent
possible.
1. Title page
2. Letter of transmittal
3. Table of contents
- List of Figures
- List of Tables
4. Introduction (includes description and location of
project, current and proposed zoning both address and
map format, size of the project and any other
pertinent information such as phasing and project
build -out)
5. Summary of pre -application conference and traffic
impact study methodology
6. Inventory of existing conditions (includes listing of
all segments within the study area, source of traffic
count data, and identification of roadway
characteristics)
7. Trip generation methodology (including daily and peak
hour volumes)
8. Percent new trips
9. Internal capture (used for only mixed use projects)
10. Traffic distribution and assignment methodology
11. Area of influence shall be determined by the
assignment of project traffic to a level of 5% or 50
daily trips whichever is less.
12. Impacted segments traffic volumes
13. Internal site circulation and access needs
14. Intersection analysis (required when project traffic
consumes more than 2% of LOS C peak hour, peak
direction generalized planning capacity of any
approach link)
15. Segment analysis (optional traffic study of impacted
segments which will operate below FDOT adopted
capacity)
16. Roadway needs (identification of proposed improvements
and cost)
17. Appendix (as applicable to the specific traffic impact
study)
567
- Methodology agreements
- Traffic count worksheets
Trip generation, internal and adjacent street
capture worksheets
- Trip distribution and assignment worksheets
- Computerized travel time study printouts
- Intersection capacity analysis using 1985
"Highway Capacity Manual" and worksheets
- Link analysis/Computerized modeling (if
performed)
- Other analysis worksheets
(8) Pre -Application Conference
(a) The purpose of the mandatory pre -application conference is
to provide guidance and direction to the applicant or his
engineer concerning the conduct of traffic impact
statements and analysis.
(b) At a minimum, the following topics will be discussed and
approval from the Director of Public Works obtained at the
pre -application conference.
1. The applicant or its engineer will provide a site
access and internal circulation plan.
2. Review of the format of a traffic impact study.
3. The Concurrency Determination Network form will be
provided to the applicant or his engineer.
4. Procedure to track the project's traffic will be
defined.
5. Availability and use of County data as identified in
Section 952.07(11) County Data.
6. Procedures for traffic counts, the location of current
traffic count stations, and the identification of
possible additional locations.
7. Source of trip generation for project traffic.
8. Selection of origin destination survey sites for
determination of percent new trips factor.
9. Traffic distribution and assignment technique and
approach.
10. Justification of internal capture factor if different
than those presented in 952.07(17)(b).
11. Methodology and approach for intersection analysis.
12. Methodology and approach for segment analysis.
(c) Failure by the applicant or his engineer to discuss and
obtain resolution to the above topics may result in
disapproval of the traffic impact study or request for
additional information.
(9) Level of Service Standards
(a) The level of service used in traffic studies shall be
consistent with the Indian River County Traffic Circulation
Element.
568
1. Level of service C shall be maintained on all rural
major intersections and rural principal arterials and
rural freeways during the peak hour, peak direction,
peak season conditions.
2. Level of service D or better shall be maintained on
all other freeway, arterial, and collector roadways,
and major intersections during the peak hour, peak
direction, peak season conditions.
3. For the purposes of the level of service as specified
in Numbers 1 and 2 above, the current FDOT generalized
capacity tables will be used or where better data
available, the Director of Public Works may adjust the
segment capacity accordingly.
(b) When two roads of differing performance standards intersect
and an intersection analysis is required, the lower level
of service performance standard shall be the performance
standard used to analyze the intersection.
(c) Segment specific traffic capacity analysis
1. A project applicant may choose to conduct a segment
specific traffic capacity analysis according to the
procedures identified in Section 952.07(20) and submit
the results of the study to the Director of Public
Works for review.
2. Upon review of the segment specific capacity analysis,
the Director of Public Works may approve a capacity
higher than the FDOT generalized capacity or current
segment capacity. The approved capacity from the
segment specific analysis will be limited to the
existing traffic plus vested traffic plus project
traffic.
(d) The following procedure will be used to track the project's
traffic.
1. Traffic attributable to the development will be
tracked on all segments within the Concurrency
Determination Network and those segments extending
out of the Concurrency Determination Network that are
impacted to a level equal to or greater than five
percent (5%) of daily project traffic or4 fifty (50)
daily trips whichever is less.
2. The percent new trips adjustment factor will not be
used to reduce the number of trips assigned to the
most directly accessed roadway segment and
corresponding intersection on the Concurrency
Determination Network in the north, south, east and
west cardinal directions. For all other impacted
segments, the percent new trips adjustment factor may
569
be applied to the trip rate to reduce the trips
assigned to impacted segments.
3. When a project's impacts are such that no roadways
are impacted at five percent (5%) of daily project
traffic or fifty (50) daily trips whichever is less.
then the impact of the project traffic on the most
directly accessed roadway segment on the Concurrency
Determination Network in the north, south, east and
west cardinal directions, at minimum, shall be
evaluated for ensuring the maintenance of the adopted
level of service standard on those roadways.
4. For the purposes of the transportation analysis,
project traffic may be assigned only to those roadways
and future roadways:
a. shown on the concurrency determination network;
and
b. meeting the criteria established in Section
910.09(4)(a) Concurrency Management System,
Transportation Supply
c. Where an improvement based on a local government
development agreement is relied upon to achieve
the acceptable levels of service, default on any
such agreement by any party other than Indian
River County shall be identified as a basis for
reconsideration and, if necessary, invalidation
of the development order and certificate of
concurrency for the development that has relied
upon the improvement.
(10) Critical Transportation Locations
(a) For projects generating between 100 and 499 average daily
trips any segment where the combined traffic volume impact
of the existing plus prior vested background traffic is at
or above 90 percent of the FDOT generalized planning
capacity at the applicable service level for the segment
or other calculated segment capacity as approved by the
Public Works Director; for projects generating between 500
to 1000 average daily trips, any segment where the combined
traffic volume impact of the existing plus prior vested and
current vested traffic is at or above 70 percent of
available capacity at level of service "E" based on the
FDOT Generalized Level of Service Tables.
(11) Count Data
(a) The Indian River County Community Development and Public
Works Departments shall maintain and update several sources
of data. These data sources are described below.
1. Traffic Count Data - Reliable traffic count data are
not available on many of the functionally classified
570
roadways. However, new traffic counts as well as
traffic count data from approved traffic impact
analyses will be used to update the traffic counts in
the concurrency management database. It will be the
responsibility of the applicant or engineer to obtain
traffic count data on those links for which data are
not currently available, or as specified during the
pre -application meeting.
2. Development Size Data Table - A development Size Data
Table will be maintained by the Director of Public
Works. This table will provide examples of the
maximum size of development by land use category for
which no Traffic Impact Statement is required, as well
as the maximum size development by land use category
which can be reviewed by submission of a Traffic
Impact Statement. A Traffic Impact Analysis will be
required for all development greater than the maximum
size of development by land use category which can be
reviewed by submission of a Traffic Impact Statement.
Information contained on this table will be updated
from Traffic Impact Statements and Analyses approved
by the Director of Public Works.
3. Trip Rate and Percent New Trips Data Table - A Trip
Rate and Percent New Trips Data Table shall be
available for use in traffic impact studies. This
table will be updated with trip rate and percent new
trips information from traffic impact studies as
approved by the Director of Public Works, from
information contained in subsequent editions of the
ITE Trip Generation and other published studies as
approved by the Director of Public Works.
4. Roadway Characteristics Inventory - A Roadway
Characteristics Inventory will be maintained on each
segment in the transportation links database. The
features inventory will include road segment
identification (name of street, state or county road
number and termini), existing road and group type,
jurisdictional responsibility, performance standard,
length, right-of-way type and width, date of traffic
count, counted volume, adjusted average daily volume,
peak hour, peak direction, peak season volume, vested
development volume, existing service level volume,
future service level volume, and the segment specific
available capacity. This inventory will be updated
as new information becomes available and is approved
by the Director of Public Works.
5. Soci-Economic Database - A Socio-economic Database
will be maintained by TAZ. This Database will contain
pertinent characteristics about the single-family and
multi -family population, dwelling units, vacancy rate,
and auto ownership. Additionally, the SE database
571
TRAFFIC IMPACT STUDY DEVELOPMENT SIZE DATA TABLE
ITE LAND DEVELOPMENT ACTIVITY
CODE (LDA)
INDEP. MAX # OF MAX # OF
VARIABLE UNITS UNITS NO
NO TIS (2) TIA(3)
(<100 (<1000
TRIPS) TRIPS)
210 SINGLE FAMILY DW. UNIT 9.0 98.0
221 MULTI -FAMILY DW. UNIT 10.0 162.0
240 MOBILE HOME DW. UNIT 20.0 208.0
252 ACLF 1000 SF 35.0 356.0
710 GENERAL OFFICE 0-49,999 SF 1000 SF 6.0 60.0
720 MEDICAL OFFICE 1000 SF 2.0 24.0
760 RESEARCH CENTER 1000 SF 18.0 162.0
110 GENERAL INDUSTRIAL 1000 SF 14.0 142.0
130 INDUSTRIAL PARR 1000 SF 14.0 142.0
140 MANUFACTURING 1000 SF 26.0 262.0
150 WAREHOUSING 1000 SF 20.0 204.0
151 MINI -WAREHOUSING 1000 SF 38.0 384.0
610 HOSPITAL BED 8.0 84.0
620 NURSING HOME BED 38.0 384.0
630 CLINIC 1000 SF 3.0 32.0
310 HOTEL ROOM 11.0 110.0
320 MOTEL ROOM 9.0 98.0
330 RESORT HOTEL ROOM 5.0 54.0
400 GENERAL RECREATION ACRE 27.0 276.0
420 MARINA, EX. RESTAURANT, CLUBS BERTH 33.0 332.0
492 RACQUET CLUB 1000 SF 6.0 62.0
430 GOLF COURSE PRG SPACE 15.0 150.0
831 QUALITY RESTAURANT 1000 SF 1.0 10.0
832 SIT-DOWN RESTAURANT 1000 SF 0.0 4.0
834 DRIVE-IN RESTAURANT 1000 SF 0.0 0.0
815 DISCOUNT STORE 1000 SF 1.0 14.0
818 HARDWARE/PAINT STORE 1000 SF 1.0 18.0
841 NEW AND USED CAR SALES 1000 SF 2.0 22.0
846 CAR WASH 1000 SF 0.0 6.0
844 SVC STN W/REPR AND CONVN.<800sf PUMP 0.0 6.0
850 SUPERMARKET 1000 SF 0.0 8.0
851 CONVENIENCE MARKET <3000 SF STORE 0.0 0.0
851 CONVENIENCE MARKET >=3000 SF 1000 SF 0.0 0.0
820 COMMERCIAL <100,000 SF 1000 SF 1.0 10.0
911 BANK (WALK-IN) 1000 SF 0.0 4.0
912 BANK (DRIVE-IN) 1000 SF 0.0 2.0
913 SAVINGS AND LOAN (WALK-IN) 1000 SF 1.0 16.0
914 SAVINGS AND LOAN (DRIVE-IN) 1000 SF 1.0 12.0
560 CHURCH (W/0 SCHOOL) 1000 SF 12.0 128.0
590 LIBRARY 1000 SF 2.0 20.0
565 DAY CARE CENTER 1000 SF 1.0 14.0
520 ELEMENTARY SCHOOL STUDENT 100.0 1000
530 HIGH SCHOOL STUDENT 71.0 714.0
540 JR/COMMUNITY COLLEGE STUDENT 62.0 624.0
550 UNIVERSITY STUDENT 41.0 416.0
22 AIRPORT FLIGHT 12.0 120.0
410 PARK ACRE 2.0 26.0
230 CONDOMINIUM DW. UNIT 16.0 168.0
732 U.S. POST OFFICE 1000 SF 1.0 10.0
444 MOVIE THEATER SCREEN 0.0 6.0
(1) BUDGET -STYLE MOTEL ROOM 21.0 212.0
(1) VETERINARY CLINIC 1000 SF 3.0 30.0
(1) EFFICIENCY APT/MOTEL ROOM 20.0 200.0
(1) AUTO REPAIR/DETAILING 1000 SF 3.0 34.0
(1) No ITE code pertaining to these land use activities
(2) TIS= Traffic Impact Statement
(3) TIA= Traffic Impact Analysis. A TIA will be required for 500-1000 trips
if segment meets the 70% threshold factor outlined in Sec. 952.07 of this
chapter. 11.1
572.1
TRIP RATE AND PERCENT
ITE LAND DEVELOPMENT ACTIVITY
CODE (LDA)
210 SINGLE-FAMILY
221 MULTI -FAMILY
240 MOBILE HOME
252 ACLF
710 GENERAL OFFICE
710 GENERAL OFFICE
710 GENERAL OFFICE
710 GENERAL OFFICE
710 GENERAL OFFICE
710 GENERAL OFFICE
720 MEDICAL OFFICE
760 RESEARCH CENTER
110 GENERAL INDUSTRIAL
130 INDUSTRIAL PARK
140 MANUFACTURING
150 WAREHOUSING
151 MINI -WAREHOUSING
610 HOSPITAL
620 NURSING HOME
630 CLINIC
310 HOTEL
320 MOTEL
330 RESORT HOTEL
400 GENERAL RECREATION
420 MARINA
492 RACQUET CLUB
430 GOLF COURSE
831 QUALITY RESTAURANT
832 SIT-DOWN RESTAURANT
834 DRIVE-IN RESTAURANT
815 DISCOUNT STORE
818 HARDWARE/PAINT STORE
841 NEW AND USED CAR SALES
846 CAR WASH
844 SVC STATION W/REP&CONN<800SF
851 SUPERMARKET
851 CONVENIENCE MARKET <3,000 SF
820 CONVENIENCE MARKET >=3,000 SF
820 COMMERCIAL <100,000 SF
820 COMMERCIAL 100,000-199,999 SF
820 COMMERCIAL 200,000-299,999 SF
820 COMMERCIAL 300,000-399,999 SF
820 COMMERCIAL 400,000-499,999 SF
820 COMMERCIAL 500,000-999,999 SF
820 COMMERCIAL > 1,000,000 SF
911 BANK (WALK-IN)
912 BANK (DRIVE-IN)
913 SAVINGS AND LOAN (WALK-IN)
914 SAVINGS AND LOAN (DRIVE-IN)
560 CHURCH (WITHOUT SCHOOL)
590 LIBRARY
565 DAY CARE CENTER
520 ELEMENTARY SCHOOL
530 HIGH SCHOOL
540 JR/COMMUNITY COLLEGE
550 UNIVERSITY
22 AIRPORT
410 PARK
230 CONDOMINIUM
732 U.S. POST OFFICE
444 MOVIE THEATER
(1) BUDGET -STYLE MOTEL
0-49,999 SF
50-149,999 SF
150-299,999 SF
300-599,999 SF
600-799,999 SF
> 800,000 SF
11.2
572.2
NEW TRIPS DATA TABLE
INDEP.
VARIABLE
DW. UNIT
DW. UNIT
DW. UNIT
1000 SF
1000 SF
1000 SF
1000 SF
1000 SF
1000 SF
1000 SF
1000 SF
1000 SF
1000 SF
1000 SF
1000 SF
1000 SF
1000 SF
1000 SF
BED
BED
1000 SF
ROOM
ROOM
ROOM
ACRE
BERTH
1000 SF
PRG SPACE
1000 SF
1000 SF
1000 SF
1000 SF
1000 SF
1000 SF
PUMP
1000 SF
STORE
1000 SF
1000 SF
1000 SF
1000 SF
1000 SF
1000 SF
1000 SF
1000 SF
1000 SF
1000 SF
1000 SF
1000 SF
1000 SF
1000 SF
1000 SF
STUDENT
STUDENT
STUDENT
STUDENT
FLIGHT
ACRE
DW. UNIT
1000 SF
SCREEN
ROOM
TRIP
RATE
10.1
6.1
4.8
2.8
16.3
13.7
11.5
10.4
8.4
8.2
39.9
6.1
7.0
7.0
3.8
4.9
2.6
11.8
2.6
30.4
9.0
10.2
18.4
3.6
3.0
15.9
6.6
96.8
177.4
622.0
71.2
51.3
43.0
151.2
133.8
120.7
1762.9
887.1
94.7
74.3
58.9
48.3
43.0
37.7
33.4
190.0
276.7
61.0
74.2
7.7
45.5
67.0
1.0
1.4
1.6
2.4
8.3
36.5
5.9
86.8
132.0
4.7
32.8
NEW
TRIPS
100%
100%
100%
74%
92%
92%
92%
92%
92%
92%
77%
92%
92%
92%
92%
92%
92%
77%
75%
92%
71%
59%
75%
90%
90%
75%
90%
82%
79%
54%
61%
40%
79%
67%
23%
53%
25%
25%
49%
63%
75%
79%
80%
81%
81%
80%
61%
80%
61%
90%
90%
74%
80%
90%
90%
90%
90%
90%
100%
25%
85%
85%
70%
Note:
Continued...
VETERINARY CLINIC 1000 SF 5.0 59%
EFFICIENCY APT/MOTEL ROOM 28.4 83%
AUTO REPAIR/DETAILING 1000 SF
(1) No ITE code pertaining to these land use activities
Institute of Transportation Engineers (ITE) Trip Generation
Manual, current edition should be used for determining peak hour
projections and distributions.
u\v\c\tischart
11.3
572.3
will maintain information on the number of commercial,
service, industrial and total employment.
6. Concurrency Determination Network Map - A Concurrency
Determination Network Map will be maintained by the
Community Development and Public Works Departments
that illustrates all roads on the Indian River County
traffic impact study network. This Map will include
those road segments scheduled for completion within
the first three years of the FDOT, Indian River
County, and local jurisdictions five year capital
improvement program, and those roads scheduled for
completion within three years that will be built
pursuant to a local government development agreement.
All future roads added to the map must be approved by
the Public Works and Community Development Department
directors. Additionally, the map will illustrate
those segments that are backlogged and/or constrained
as well as those critical transportation segments
which are projected to operate at 90 percent of
capacity with the inclusion of vested development.
7. Traffic Impact Study File - The Public Works Director
shall maintain a file of approved traffic impact study
reports. The County shall provide information and
data, when available, in order to prevent duplication
of efforts and unnecessary costs. It will be the
responsibility of the Public Works Director to approve
the use of data from a prior Traffic Impact Study.
(12) Procedures for Traffic Counts
(a) The Concurrency Management Database will maintain an
inventory of all current traffic count locations and the
most current peak hour, peak direction, peak season traffic
count.
(b) The number of traffic count locations required for a
Traffic Impact Study will be determined by the number of
segments impacted to a level equal to or greater than five
percent (5%) of daily project traffic or fifty (50) daily
trips whichever is less. The Public Works Director shall
have the authority to require additional traffic count
locations besides those identified in the Concurrency
Management Database for a Traffic Impact Analysis when such
counts are necessary to more accurately determine the
existing and future level of service on impacted segments.
(c) The applicant or engineer may use available traffic count
information for all impacted segments from the concurrency
management database for a Traffic Impact Statement. If
traffic count information is unavailable on an impacted
segment, the applicant or engineer will be required to make
572
a current traffic count according to the procedures
identified in Section 952.07(12)(e) and (f).
(d) The applicant or engineer may use available traffic count
information for all impacted segments from the concurrency
management database for a Traffic Impact Analysis upon
obtaining approval from the Director of Public Works.
Generally, existing traffic count information may be used
when it is less than or equal to six (6) months old. If
traffic count information is unavailable on an impacted
segment, the applicant or engineer will be required to make
a current traffic count according to the procedures
identified in Section 952.07(12)(e) and (f).
(e) The applicant or his engineer will provide segment traffic
counts by direction as required by the Director of Public
Works. Directional counts shall be made for at least 3
days and include the continuous 72 hour period from 6:00
a.m. Tuesday to 8:00 p.m. Thursday. Legal holidays or
other days as specified by the Director of Public Works
shall be excluded. Friday, weekend, or holiday counts may
be required for churches and other land uses as determined
by the Director of Public Works. The data will include a
summary of traffic count data by 15 minute increments with
a.m., p.m. and other peak hours being highlighted as well
as the peak hour to daily traffic ratio and peak hour
directional split. All data will be subject to review and
acceptance by the Director of Public Works. This review
will be based on currently accepted traffic engineering
principles.
(f) The applicant or his engineer will provide turning movement
counts as required by the Director of Public Works. These
turning movement counts shall be made from 7:00 a.m. to
9:00 a.m., 11:00 a.m. to 1:00 p.m., 3:00 p.m. to 6:00 p.m.
or as otherwise specified by the Director of Public Works.
Legal holidays or other days as specified by the Director
of Public Works shall be excluded. Friday, weekend, or
holiday turning movement counts may be required for
churches and other land uses as determined by the Director
of Public Works. The data will include a summary of
traffic count data by 15 minute increments with a.m., p.m.
and other peak hours being highlighted as well as the peak
hour to daily traffic ratio and peak hour directional
split. All data will be subject to review and acceptance
by the Director of Public Works. This review will be based
on currently accepted traffic engineering principles.
(13) Background Traffic Considerations
(a) For non -DRI size projects, the available capacity
of each segment will be provided by the County.
The effect of the background traffic on each
segment contained in the Concurrency
573
Determination Network will be considered through
the combined impact of the existing development
for which either an initial or final concurrency
determination has been issued, and all segments
where CO's have been issued but no updated
traffic counts have been made since CO issuance.
Therefore, only the impact of the development
traffic will be provided in the Traffic Impact
Study for the purposes of a concurrency
determination for a non -DRI size project.
(b) For DRI size projects, the procedure to estimate
background traffic will be defined at the DRI
Traffic Methodology meeting and will consider the
impacts of all vested development, including
development vested prior to September 1, 1990.
(14) Trip Generation
(a) Each traffic impact study will list all land
uses, applicable ITE land use code, size and/or
dwelling units.
(b) Allowable sources for trip generation rates for
each land use listed in (a) above are identified
below:
1. The trip generation rate for the
specific land use as identified in the
Indian River County Trip Rate and
Percent New Trips Data Table.
2. The trip generation rate from a
previously approved Indian River
County traffic impact study of a
similar land use.
3. A site specific trip generation study
of the same type or similar land use
approved by the Director of Public
Works at the pre -application
conference. Such site specific study
will be conducted at three separate
sites. The survey data will be
collected for at least 5 days and
include the continuous 72 hour period
between Tuesday, 6:00 a.m. to
Thursday, 6:00 p.m. Legal holidays or
other days specified by the Director
of Public Works will be excluded.
Selection of other trip generation
study times will be made when it is
determined by the Public Works
Director that collection of data
574
between the above times will not
result in an unreasonable estimation
of the trip generating characteristics
of the studied land use. The data will
include a summary of traffic count
data by 15 minute increments, average
daily volume, volume during the a.m.
and p.m. peak hours of the adjacent
street, and peak hour of the
generator, if different from the a.m.
and p.m. peak hours of the adjacent
street. The accuracy of the traffic
counts will be verified by performing
manual counts and comparing them to
machine count volumes twice daily;
once in the a.m. and once in the p.m.
for each day of the traffic counts.
All data will be subject to review
based on currently accepted traffic
engineering principles.
(15) Percent New Trips
(a) The percent new trips factor represents the
percent by which the trip rate is multiplied in
order to obtain only those trips that are added
to the roadway by new development. Thus, those
trips going to a new development that would have
been on the roadway anyway and are included in
the trip rate must be deducted from the total
trips.
(b) Each traffic impact study will list all land
uses, applicable ITE land use code, size, and/or
number of dwelling units.
(c) Allowable sources for the percent new trip factor
for each land use identified in (b) above are
listed below.
1. The percent new trips factor
identified in the Indian River County
Trip Rate and Percent New Trips Data
Table.
2. Percent new trips factor from a
previously approved study of a similar
land use.
3. A site specific origin/destination
survey of an identical or similar land
use as approved by the Public Works
Director.
575
a. The origin/destination
survey shall collect, at a
minimum, the following
information:
i. Date
ii. Location
iii. Time of Interview
iv. From where did the interviewee trip begin
immediately prior to arriving? (1) home (2)
work (3) retail (4) other
v. The city, area or zip code where the trip
began
vi. The nearest intersecting streets closest b
the location of where the trip began.
vii. Transportation mode: (1) car (2) walk or
bike (3) bus (4) taxi drop off
viii. Where the interviewee trip will end
immediately upon leaving: (1) home
(2) work (3) retail (4) other
final destination
ix. The nearest intersecting streets closest b
b. The location at each origin and destination will be
plotted graphically on a map and the trip lengths
calculated. To determine whether the trip is to be
considered a new trip, a rectangle will be drawn on
the map in such a manner so as to locate the origin
of the trip in one corner and the destination of the
trip in the opposite corner. If the interview
location is outside the rectangle, the trip is
considered to be a new trip and if the interview site
is inside the rectangle, then the trip is not
classified as a new trip. The percent new trips is
computed by dividing the number of new trips by the
total number of trips generated by the site.
c. Copies of the original surveys and maps indicating
trip ends will be submitted as part of the study. All
data will subject to review and acceptance by the
Director of Public Works. This review will be based
on currently accepted traffic engineering principles.
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(16) Traffic Distribution and Assignment
(a) The distribution and assignment of project traffic shall
be made in accordance with the following procedures and in.
conformity with accepted traffic engineering principles
such as those documented in NCHRP Report 187, "Quick -
Response Urban Travel Estimation Techniques and
Transferable Parameters Users Guide".
1. Use of gravity model as approved by the Director of
Public Works
2. Review of the Socio-economic Database which
illustrates pertinent characteristics about single-
family and multi -family population, dwelling units,
vacancy rate and auto ownership. Additionally, the SE
database will maintain information on the number of
commercial, service, industrial, and total employment
by TAZ. This information will assist in determining
the characteristics surrounding a proposed project in
terms of traffic assignment relative to general
production and attraction attributes of the proposed
development's TAZ, as well as TAZs surrounding the
development. The socio-economic database will assist
in making assignments for the project that will be
based upon accepted traffic engineering principles.
3. Traffic assignment may also be based upon an approved
traffic impact study of a similar land use within the
TAZ of the project. Such use of a prior study must be
justified, based upon sound traffic engineering
principles and techniques and approved for use by the
Director of Public Works.
(b) The Director of Public Works will make available
a summary listing of all traffic impact studies
within the TAZ of the project.
(c) The traffic distribution and assignment technique must be
presented by the applicant or engineer at the pre -
application conference, and reviewed and approved by the
Director of Public Works. This review will be based on
currently accepted traffic engineering principles.
(17) Internal Capture
(a) The use of an internal capture factor will be allowed for
certain types and sizes of mixed use developments.
(b) The following table identifies the internal capture factors
that may be applied to mixed use developments and the
corresponding land use percentages.
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Land Use combination Range in Sq. Ft.
Office/Retail Between 250,00 and 1,000,000
(Greater than 20% and
less than 80% each
land use)
Office/Retail Greater than 1,000,000
(greater than 20% and
less than 80% each
land use)
Office/Retail/Hotel Between 250,000 and 1,000,000
(greater than 10% and
less than 80% each
land use)
Office/Retail/Hotel Greater than 1,000,000
(greater than 10% and
less than 80% each
land use)
Internal
Capture Factor
10%
15%
15%
20%
(c) Request for use of internal capture factors for other land
use combinations and sizes other than those identified
above must be submitted along with justification at the
pre -application conference. All data will be subject to
review and acceptance by the Director of Public Works. This
review will be based on currently accepted traffic
engineering principles.
(18) FSUTMS Modeling
(a) The following FSUTMS data files will be available for use
by DRI size projects.
1. One data set will include the current approved base
validation SE data combined with SE data from all
certificate of occupancies issued since the last
FSUTMS base update.
2. The second FSUTMS data set will combine the SE data
from all vested development with Number 1 above.
(b) Upon request of the Director of Public Works, the applicant
or its engineer will provide all input and output files
from the execution of any FSUTMS runs used in a Traffic
Impact Study in floppy disk and map plot formats.
(19) Intersection Analysis
(a) An intersection analysis must be performed on each major
intersection, both signalized and non -signalized, where
the project's traffic consumes equal to or greater than 2
percent of the FDOT generalized planning capacity level of
service C peak hour/peak direction/peak season capacity of
the approach link. Intersection analysis of a non -
signalized location will include a warrant study performed
578
according to the procedures and specifications identified
in the "Manual on Uniform Traffic Control Devices".
(b) The procedure for performing an intersection analysis will
be based upon the methodology found in the "1985 Highway
Capacity Manual". Any questions, issues or methodology
other than that referenced in the above publication will
be submitted at the pre -application conference and will be
subject to the review and approval of the Director of
Public Works. This review will be based on currently
accepted traffic engineering principles.
1. Turning movements for vested and project traffic will
be made based upon the distribution of existing
traffic; and/or
2. As submitted by the applicant or engineer at the pre -
application conference.
(c) For each intersection in which the project traffic results
in a level of service below the acceptable adopted level
of service, the applicant and/or engineer will develop
proposed improvements to the intersection that result in
the intersection operating at an acceptable level of
service with the existing, vested and specific project
traffic included in the analysis.
(d) The applicant and/or engineer will be required to provide
the following information relative to each intersection
analysis.
1. Printouts and worksheets for all highway capacity
analysis performed on the intersections or roadway
segments.
2. Copies of any traffic counts performed or used in the
analysis, including the source of count data.
3. Copies of any signal warrant studies performed in the
analysis of non -signalized intersections.
4. Documentation of any assumptions used in the analysis
including trip generation data, if not already
specified for the analysis.
5. Turning movement volumes and documentation of
methodology used to project existing, prior vested
and project traffic.
6. Any other applicable data or information.
(20) Segment Analysis
(a) If a roadway segment is operating at or above 90 percent
(for projects generating between 100 and 499 average daily
trips) of the available level of service C peak hour, peak
direction FDOT generalized planning capacity with the
inclusion of vested development; or at or above 70 percent
(for projects generating between 500 to 1000 average daily
579
trips) of available capacity at level of service "E" based
on the FDOT generalized level of service tables with the
inclusion of prior vested traffic, a transportation
analysis must be performed to determine if the actual
roadway segment operating characteristics are such that
additional capacity is available.
1. The applicant or engineer will submit the methodology
and approach of each segment analysis at the pre -
application conference. The methodology and approach
will be subject to review and approval by the Director
of Public Works. This review will be based on
currently accepted traffic engineering principles.
(b) A segment capacity analysis may be performed to review
signal spacing and timing, as well as signal coordination.
Such segment capacity analysis shall be performed in
accordance with accepted traffic engineering principles and
techniques using such computer programs as the 1985 HCM,
Transit 7F, Passer II, or Passer III.
(c) A travel time study may be performed to determine the
operating speed and corresponding level of service at which
the roadway is operating. The travel time study must be
performed using a computerized recording device that
automatically calculates distance and average travel speed.
All printouts and graphs from each travel time study must
be submitted as part of the study.
Section 952.08 Right -of -Way Requirements
(1)
Right of Way Dedication or Acquisition
For all projects requiring an Indian River County development
order, the land lying within the proposed development which is
necessary to widen or extend roadways to the standards
designated in the Indian River County Thoroughfare Plan and
implementing Right-of-way Width table, or to provide adequate
land area for utilities, sidewalks and/or bikepaths shall be
transferred to the county as specified in this section, by the
applicant prior to the release of the site plan, preliminary
plat approval, or building permit issuance, as appropriate. The
county shall compensate the property owner for the right-of-
way transfer unless the right-of-way is needed because of a site
related impact.
(a) General Requirements
1. An applicant for approval of a project abutting a
roadway which has an existing road right-of-way
deficiency shall transfer right-of-way needed for site
related roadway improvements for that segment of the
roadway abutting the project, and shall enter into a
purchase contract or similar agreement with the county
580
to sell needed right-of-way for future non -site
related improvements, prior to release of the approved
site plan for the project. Wherever a road right-
of-way deficiency exists, the deficiency shall be made
up by acquisition of equal amounts of land from each
side of the existing right-of-way, except where:
a. A drainage district canal right-of-way or a
railroad right-of-way abuts one side of the
existing road right-of-way; or
b. At least one-half of the required road right-
of-way has been provided by the property on the
opposite side of the existing road right-of-way;
in which case, the entire road right-of-way
deficiency will be made up by acquisition of land
from the project site.
2. Applicants for projects located on roadways where
right-of-way deficiencies exist shall bring the
abutting road (local, collector, or arterial) right-
of-way up to local (minor) road standards as defined
in the traffic circulation element. Said dedications
are deemed site related and necessary to serve the
proposed development itself and shall not be
creditable for compensation.
(b) Dedication of Thoroughfare Plan Road Right -of -Way
Any applicant for approval of a project abutting a roadway
designated on the county thoroughfare plan map where the
roadway has a road right-of-way deficiency shall sell to
the county sufficient land to make up his share of the road
right-of-way needed for non -site related improvements. The
applicant shall receive, through traffic impact fee
credits, or residential density transfers, or direct
payments where the county chooses to pay cash, or any
combination or other acceptable means of compensation, one
hundred (100) percent compensation for the value of the
undeveloped condition of the land area dedicated for road
right-of-way, which exceeds any area needed to bring the
right-of-way up to county local (minor) road standards.
Where the county is to purchase land for future right-of-
way, the county shall compensate the property owner based
581
upon the "undeveloped condition" of the land. This
compensation shall be agreed upon prior to project
approval, and the purchase shall occur prior to issuance
of a certificate of completion or a certificate of
occupancy for the project.
1. Exemptions
a. Where one hundred (100) percent compensation
cannot be provided through traffic impact credit
and density transfers, and where the county
chooses not to pay cash, the applicant shall
dedicate an amount of land comparable in value
to the percent of compensation provided, and the
applicant shall be encouraged to setback the
balance of the right-of-way deficiency; the
location and configuration of said dedication and
setback areas shall be approved by the public
works director.
b. Where the applicant's project is considered a
minor site plan under the terms of this
ordinance, the applicant may in lieu of
dedication or sale increase the building setbacks
needed to accommodate right-of-way deficiencies.
(c) Dedication of Minor (local) Road Right -of -Way
Any applicant for approval for a project abutting a public
or private roadway classified as a minor (local) road by
the terms of the county traffic circulation element shall
dedicate sufficient land to make up his share of the road
right-of-way deficiency. There shall be no compensation
given for the dedication of minor (local) road right-of-
way. The public works director or his designee may accept
drainage and utility easements in lieu of right-of-way, to
make-up for small (up to 10') right-of-way deficiencies.
582
TYPE OF
ROADWAY
RIGHT-OF-WAY MATRIX
MAJOR SITE
PLAN
Thoroughfare Plan Dedication for
road right of way site related
needed for 20 year improvements
Improvement Program
Local (minor) road
right-of-way
Purchase by county
for non -site re-
lated improvements
MINOR
SITE PLAN
Setback Encouraged
Dedication Dedication
(d) Applicable Standards
The engineering design of improvements within rights-of-
way shall be in compliance with the standards in the
"Manual of Uniform Minimum Standards for Design,
Construction, and Maintenance of Streets and Highways,"
published by the Florida Department of Transportation,
unless a variance is granted by the board of county
commissioners. All construction within the right-of-way
shall conform to county engineering standards. No
construction or alteration shall occur in any county road
right-of-way unless a right-of-way permit is approved by
the county engineering division.
(e) Minimum right-of-way and Pavement Requirements; Credit for
Dedicated Land
The following minimum pavement widths and right-of-way widths
shall be provided either at the time of development or in the
future, as deemed necessary by the public works director. Full
compensation must be provided to the applicant by the county for
right-of-way dedications regarding non -site related improvements
on all roadways except minor (local) roads. These standards are
consistent with the functional road classification system
established in the comprehensive plan.
583
The following generalized minimum road right-of-way width
standards shall apply unless varied by the "Specific
Thoroughfare Plan Road Right-of-way Table" which is incorporated
hereto by reference and is located in the appendix section of
this chapter.
STREET TYPES
Principal Arterial
6LD
4LD
U.S. 1 Corridor
8LD
6LD
4LD
W/frontage roads
Minor arterial
4LD
2LD
Collector Streets
MINIMUM MINIMUM
RIGHT-OF-WAY WIDTH LANE WIDTH
Urban Rural
130
100
240 12' wide inside
lanes
200 14' wide outside
lanes as
required
200
130 240
140 240
100 200 12' wide inside
lanes
100 100 14' wide outside
lanes where
required
80
Subdivision Collector
Roads 60
Local, Minor or Res-
idential Streets 60
(with swale drainage)
Local, Minor or Res-
idential (closed 50
drainage, curb and
gutter)
Marginal access roads
80 12'
60 12'
60 10'*/11'**
10'*/11'**
40 40 11'/12'***
* Single family subdivision roadway
** Where in conjunction with site plan project
*** When in conjunction with development
584
(f)
All land area requested by the county for street or road
right-of-way and dedicated by donation to the county, and
accepted by the county, after January 1, 1984, may be
included in acreage calculations for purposes of density
determination when the parcel from which the land area was
dedicated is proposed for development. While the land
area dedicated to the county may be used for density
calculation, this area may not be used to satisfy setback
requirements, site coverage requirements, open space
requirements or any other specific land use regulation.
Additional Right -of -Way and/or Pavement Width
During the review of any development project, the technical
review committee may require the increase of right-of-way
and pavement widths if a finding is made that the increase
in width is necessary to accommodate the projected traffic
needs of the project and is consistent with good
engineering practice. Additional right-of-way or pavement
width may be required to promote public safety and
convenience, or to ensure adequate access, circulation, and
parking. Whenever any street requires improvement within
the area to be developed, the appropriate right-of-way and
pavement shall be required. Where a site abuts or contains
an existing street of inadequate right-of-way or pavement
width, additional right-of-way and pavement, in conformance
with minimum county standards, may be required for new site
development.
Section 952.09 Paved Road Requirements
The following paving requirements shall apply to site plan,
subdivision, Planned Residential Development (PRD), and Planned
Development (PD) projects which require application approval and
which also utilize or abut unpaved public or private roads and
roadways.
(1) Private Roads
All development projects, excluding single-family dwelling
units, which are accessed via unpaved private roads or roadways
shall provide for the paving of such roads or roadways. County
road design and construction standards shall apply to all paving
improvements.
(2) Public Roads
All development projects, except single-family dwelling units,
that access or abut unpaved public roads shall comply with
general requirements as specified in subsection (5) below.
(3)
Scenic and Historic Roads
585
Paving requirements and provisions for projects utilizing or
abutting unpaved scenic or historic roads, as designated in the
comprehensive plan, shall be addressed on a case-by-case basis.
All applicable requirements of Chapter 933, Historical &
Archeological Resources Protection, shall apply here. The
requirements specified below under general requirements shall
not apply unless otherwise required by the board of county
commissioners.
(4) Thoroughfare Plan Roads
The paving of roads designated on the thoroughfare plan located
in the Traffic Circulation Element of the Comprehensive Plan
shall be required as specified below under general requirements.
Improvement of thoroughfare roads shall be in coordination with
the county's 20 -Year Transportation Improvement Program, or as
approved by the board of county commissioners. In granting such
approval to pave thoroughfare plan designated roads in advance
of the long-range major street and highway program and schedule,
the board of county commissioners shall consider the timing of
improvements, adequacy or deficiency of right-of-way, funding
and construction of improvements, and the effect on the long-
range major street and highway program.
(5) General Requirements
Paving requirements are hereby established to ensure that road
improvements are provided to adequately serve development
projects and developing areas.
County road design and construction standards shall apply to
all paving improvements. Applicants applying for approval of
projects utilizing or abutting unpaved roads shall, as part of
their application, include the appropriate provisions for
paving, as specified below. Any required submission of escrow
funds shall include an escrow agreement acceptable to the county
attorney. Such agreements shall include provisions necessary
to accomplish and facilitate future road paving.
(a) Exemptions
Upon request by an applicant, the Public Works Director
and the Community Development Director shall review a
project proposal to determine if the project may be
exempted from the General Requirements, Section 952.09(5).
Where both directors determine that the following criteria
are satisfied, the project shall be exempted from the
requirements of the "general requirements" portion of the
paving requirements section.
1. The project proposal is either an accessory use to an
existing establishment or a modification of an
existing establishment.
586
2. The project proposal, if constructed, would not cause
an addition to the number of employees currently
working at the establishment.
3. The project proposal, if constructed, would not cause
an increase in the number of deliveries to or from the
establishment.
4. The project proposal, if constructed, would not cause
an increase in customers, buyers, or other persons
attracted to the establishment for business purposes.
5. The applicant provides sufficient plans and
documentation to prove and ensure (certify) that the
previously listed criteria are satisfied and will
continue to be satisfied throughout the use and
operation of the improvements constructed as part of
the project, unless otherwise amended and approved via
the applicable development approval process.
(b) Appeals from Exemptions
Appeals of the determination to exempt or not exempt a
project from the general paving requirements shall be
deemed to be appeals of administrative decisions and as
such shall be heard by the Planning & Zoning Commission
pursuant to Chapter 902, Administrative Mechanisms.
(c) Small Traffic Attractors/Generators
Projects determined to be small traffic attractors/
generators, defined as projects generating less than one
hundred (100) average daily trips, shall provide for road
paving as follows:
1. Access road frontage. For the paving of a road(s)
accessing the project, the applicant shall submit
funds in the amount of the project's share of petition
paving costs prior to the issuance of a certificate
of occupancy for all or any portion of the project.
Said funds shall be held by the county to be used for
the paving of the road(s) accessing the project. The
road segment to be funded and later paved shall
include all of the project's frontage on the road.
Where access roads or abutting roads are designated
on the Transportation Capital Improvements Program,
traffic impact fees shall substitute for escrowing
funds.
2. Abutting road frontage. For the paving of a road(s)
abutting the project but not utilized for access (not
including access for emergencies) to the project, the
applicant shall submit funds in the amount of the
587
project's share of petition paving costs prior to the
issuance of a certificate of occupancy for all or any
portion of the project. Said funds shall be held by
the county to be used for the paving of the road(s)
abutting the project. The road segment to be funded
and later paved shall include all of the project's
frontage on the road. Where abutting roads are
designated on the capital improvements program,
traffic impact fees shall substitute for escrowing
funds.
3. Paving Option. In lieu of submitting funds for paving
under (c) 1. or (c) 2. above, the applicant may
propose to pave or arrange for paving the project's
access road frontage and/or abutting road frontage,
notwithstanding requirements for roads designated on
the thoroughfare plan, if such paving would connect
to a paved public road. If such a paving option is
utilized, no certificate of occupancy or certificate
of completion shall be issued for all or any portion
of the project until all paving has been completed,
and improvements are inspected and approved by the
county.
4. Multiphase projects. For purposes of determining if
a multiphase project is a small traffic attrac-
tor/generator, the total project trip generation of
all phases shall be compared to the small traffic
project definition criteria.
5. Cumulative effect. No certificate of occupancy or
certificate of completion shall be issued for any
project proposing access from an unpaved road,
2including a thoroughfare plan road, where the subject
access road's volume with the project traffic will
exceed two hundred (200) average daily trips, until
the road accessing the project is paved from the
project's access point(s) to a paved public road. For
subdivisions, no final plat approval shall be granted
until adequate provisions have been made for paving
and paving is complete prior to the issuance of a
certificate of occupancy for structures on a
subdivision lot or parcel, as per Chapter 913,
Subdivisions and Plats. Provisions specified below
under (d) 1., 2., 3., and 4. shall apply.
In considering the cumulative effect of small traffic
attracting/generating project(s) on a road(s) or on
an area, the board of county commissioners may
determine the need for a forced petition or assessment
for road paving purposes in developed or developing
areas, and may impose such an assessment.
(d) Large Traffic Attractors/Generators
Projects determined to be large traffic attractors/
generators, defined as projects generating one hundred
(100) or more average daily trips, shall provide for road
paving as follows:
1. Access road frontage to access point(s). The road
accessing the project, including a thoroughfare plan
road, shall be paved from the project's access
point(s) to a paved public road. The design of the
connection shall be in accordance with county design
standards. Said paving shall be completed, and
improvements inspected and approved by the county,
prior to the issuance of a certificate of occupancy
for all or any portion of the project.
2. Remaining access road frontage. For the paving of
portions of a project's access road frontage not
covered in the above paving requirement (d) 1., the
applicant shall submit funds in the amount of the
project's share of petition paving costs prior to the
issuance of a certificate of occupancy for all or any
portion of the project. Said funds shall be held by
the county to be used for the paving of the road
accessing the project. The road segment to be funded
and later paved shall include all of the project's
frontage on the road. Where access roads are
designated on the transportation capital improvements
program, traffic impact fees shall substitute for
escrowing funds.
3. Abutting road frontage. For the paving of roads
abutting the project, the applicant shall submit funds
in the amount of the project's share of petition
paving cost prior to the issuance of a certificate of
occupancy for all or any portion of the project. Said
funds shall be held by the county to be used for the
paving of the road abutting the project. The road
segment to be funded and later paved shall include all
of the project's frontage on the road. Where abutting
roads are designated on the capital improvements
program, traffic impact fees shall substitute for
escrowing funds.
4. Paving option. In lieu of submitting funds for paving
specified under (d) 2. and (d) 3. above, the project
applicant may propose to pave or arrange for paving
the project's remaining access road frontage and/or
abutting road frontage, notwithstanding requirements
for roads designated on the thoroughfare plan, if such
paving connects to a paved public road. If such a
paving option is utilized, no certificate of occupancy
589
shall be issued for all or any portion of the project
until said paving is completed, and improvements are
inspected and approved by the county.
(e) Existing Neighborhood Compatibility
In areas where minor and principal arterial roadways
intrude into existing neighborhoods, the county will, as
much as possible, provide buffers such as concrete walls,
landscaped buffers, berms, and other similar buffers
alongside the roadway(s).
The criteria used to determine whether major thoroughfares
will be allowed to intrude in existing neighborhoods are
whether there are problems maintaining level of service
standards on the applicable roadways, whether there are
safety problems, right-of-way availability and whether
there are viable alternatives to intruding into an existing
neighborhood.
The County Public Works Director or his designee will also
review the feasibility of relocating roadways when
intrusion is imminent and limit the number of roadway
connections or accesses to the thoroughfares.
(f) Minimize Adverse Environmental Impacts
The County Public Works Director or his designee shall,
where feasible, locate and design roadways to minimize
adverse environmental impacts. Where sensitive
environmental areas will be impacted by roadway
construction, the county will mitigate those impacts by
taking action as provided for in the Conservation Element
of the County's adopted Comprehensive Plan.
Section 952.10 Road Improvement Design
(1) Required Improvements to Intersections Impacted by Develop
ment
Improvements to an intersection shall be required to be
constructed by the developer of any project where the
development causes the intersection to be impacted by traffic
generated as a result of the development. Intersection
improvements shall be in accord with the requirements set forth
in this chapter.
(2) Intersection Design
The following location and design criteria shall apply to
intersections:
590
(a) Acceleration, deceleration and/or turning lanes shall be
provided by the applicant at intersections of arterial or
collector routes if projected traffic entering the site
equals or exceeds thirty (30) vehicles in the peak hour
turning left or seventy-five (75) vehicles in the peak hour
for right turn movements.
(b) The first point of access to a marginal access road from
a collector or arterial street shall be at least three
hundred thirty (330) feet from the intersecting right-of-
way lines of arterials and/or collectors as shown on the
Indian River County Thoroughfare Plan with subsequent
intervening access points being at least six hundred sixty
(660) feet from the intersecting right-of-way lines, unless
otherwise approved by the Public Works Director and the
Community Development Director.
(c) Median access points on arterial roads shall be allowed
only at intersections of other arterial roads, collector
roads or marginal access roads. Deceleration lanes may be
required. Additional access points may be permitted if
deemed necessary by the Public Works Director.
(d) On any arterial road, the required road right-of-way width
may be increased by up to twelve (12) feet, if deemed
necessary by the Public Works Director, within two hundred
(250) feet of the intersection with another arterial in
order to facilitate proper intersection design or
improvements, or as provided in the county's Right-of-way
Master Plan.
(e) In areas where minor and principal arterial roadways and
their intersections adversely affect existing neighborhoods
the county will provide, as much as possible, buffers such
as concrete walls, landscaped buffers, berms, and other
similar buffers alongside the roadway(s).
The criteria used to determine whether neighborhoods are
adversely impacted are as follows: severed existing
neighborhoods, more traffic other than local traffic using
roadways, widening of roadways which result in roadways
constructed closer to residential homes, and other similar
characteristics.
The County Public Works Director or his designee will also
review the feasibility of relocating roadways and
intersections and limit the number of roadway connection
and accesses.
Intersection Radii
(a) At intersections, rights-of-way shall be joined by arcs
tangent to the right-of-way lines and having a radius of
at least forty-five (45) feet.
591
(b) At the end of a cul-de-sac, the right-of-way line on the
outside of the turning circle shall be joined to the right-
of-way line along the street by arcs having a radius of at
least twenty-five (25) feet.
(4) Street Side Swales
Typical sections for street rights-of-way shall comply with the
most current "Manual of Uniform Minimum Standards For Design,
Construction and Maintenance for Streets & Highways", State of
Florida and shall:
(a) Comply with standard county specifications and have a side
slope no steeper than 3:1 within the applicable clear zone.
(b) Provide at least eight (8) feet of shoulder width on each
side of pavement;
(c) Be designed to accumulate and carry water pursuant to a
stormwater and flood protection plan in a manner that will
be in accord with Chapter 930;
(d) Be sodded in the right-of-way along the full frontage of
the development unless otherwise approved by the Public
Works Director;
(e) Provide proper drainage structures and inlets, according
to the most current Florida Department of Transport- ation
standards.
(5) Sight Distance
All developments shall comply with the sight -distance
specifications contained in Chapter 926, "Landscaping &
Buffering" and the requirements of the most current "Manual of
Uniform Minimum Standards for Design, Construction and
Maintenance for Streets & Highways", State of Florida.
Section 952.11 Traffic Control Devices
The design of traffic control devices shall be in conformance with
the "Manual of Uniform Traffic Control Devices", the latest edition
of the Florida Department of Transportation's (FDOT) Supplemental
Specifications to the Standard Specifications for Road & Bridge
Construction, the FDOT's Traffic & Roadway Standards Manual current
edition, the latest edition of the AASHTO "Greenbook", and shall be
provided as required by the public works department.
Section 952.12 Access Control
(1) General standards for regulating driveway locations.
The following general criteria shall be used in evaluating the
adequacy of proposed driveways for all uses requiring approval,
592
except single-family dwellings. Scenic and Historic Road,
Section 952.09(3), of this chapter shall apply here.
(a) Sites located at intersections shall access onto the
roadway having the lower functional classification. The
2applicant may be permitted to access onto the higher
classification roadway if the public works director
determines that such access would result in an improved
traffic circulation pattern.
(b) Drive-in facilities having one window or bay shall have
sufficient on-site storage to accommodate a minimum of five
(5) queued vehicles, or one hundred (100) feet. Drive-in
facilities having in excess of one window or bay shall
provide on-site storage in accordance with the following
standards:
Number of Drive -In Windows
or Bays Queue Distance
2 8 vehicles/160 ft.
3 10 vehicles/200 ft.
4 13 vehicles/260 ft.
5 16 vehicles/320 ft.
6 19 vehicles/380 ft.
These standards may be reduced by the community development
director upon showing of good cause.
(c) Commercial sites having 50,000 square feet of gross floor
area or more shall provide for an exclusive access drive
at the primary entrance of the development and all points
of ingress and egress located on a collector or arterial
roadway, not including service entrances. Said drive(s)
shall be used for providing access to all parking aisles
and shall not contain parking spaces; also, parking
space(s) shall not directly access onto such exclusive
access drive(s).
(d) Provisions for circulation between adjacent parcels on
arterial roads shall be provided through coordinated or
joint parking systems, or other methods as approved by the
public works director.
(e) Driveway entrances must be designated to accommodate all
vehicle types having occasion to enter the site. The
following table presents vehicle types with their
respective minimum inside and outside turning radii.
593
Type
Egress Ingress
(feet) (feet)
Passenger car, van, pickup 25 25
Single unit truck 35 42
Bus 45 42
Tractor -trailer (40 feet) 45 40
Tractor -trailer (50 feet) 45 45
Tractor -trailer (60 feet) 45 45
Driveway entrances off collector and arterial routes shall
conform with the provisions of Section 952.12(5) Driveway
width and Radii.
(f) Loading and unloading activities must in no way hinder
vehicular ingress or egress.
(g) All driveways shall maintain adequate sight distance, as
provided in this code.
(h) Ingress lanes:
1. Ingress left -turn lane requirements: A twelve -foot
wide left -turn lane with appropriate storage and
transition shall be provided at each driveway where
the peak hour inbound left -turn volume is thirty (30)
vehicles or more.
2. Ingress right -turn lanes: For any project, a twelve -
foot wide right -turn lane with appropriate storage and
transition shall be provided at each driveway where
the adjacent roadway average daily traffic exceeds
10,000 vehicles per day, permitted roadway speeds
exceed 35 miles per hour, and driveway volume exceeds
1,000 vehicles per day with at least 40 right -turn
movements during peak periods. For any project, a
right -turn lane as described in this subparagraph
shall be provided at each driveway where right -turn
ingress volumes exceed 75 vehicles per peak hour.
(2) Number and Spacing of Driveways
a) One (1) driveway shall be permitted for ingress and egress
purposes to any project.
b) The approving body may either increase or reduce the
following separation distances based upon a recommendation
by the Public Works Director after an analysis of street
frontage trip generation, or other factors, as deemed
appropriate.
A joint access driveway shall be considered as adequate
access for any two (2) adjacent parcels and shall be
encouraged. For a project where more than one (1) driveway
is requested, the applicant shall submit a traffic report
594
justifying the need, describing the internal circulation
and parking system, and identifying the impact of
development of the project and its proposed access
facilities on the operation of the street system.
d) These standards shall not apply to single-family dwellings.
and duplexes.
e) Minimum spacing between two-way driveways fronting on the
same side of a street shall conform to the table below.
Distance between driveways shall be measured from
centerline to centerline.
Minimum Driveway Separation (feet)
Speed Principal Minor
(mph) Arterial Arterial Collector Local
30 125 125 125 70
35 150 150 150 70
40 185 185 185 70
45 230 230 230 70
50 275 275 230 70
(b) Driveways on opposite sides of any undivided street
classified collector or arterial shall either be aligned
on the same centerline or be offset a minimum of two
hundred (200) feet measured from centerline to centerline,
whenever geometrically possible, and shall provide for
emergency vehicle access.
(c) For projects proposing more than one two-way driveway,
based upon parcel size, projected trip generation of the
site, amount of roadway frontage, and other appropriate
design considerations, additional driveways may be
permitted if approved by the public works director.
(3) Corner Clearance
All proposed developments which are determined to generate or
attract one hundred (100) or more peak hour turning movements
into the site shall be prohibited from establishing driveways
at locations which are closer to an intersection than the
distances established below. These dimensions may be modified
by the public works director on a case by case basis when
warranted by circumstances unique to the particular development.
595
Type Intersection
Arterial/arterial
Arterial/collector
Arterial/local
Collector/arterial
Collector/collector
Collector/local
Local/arterial
Local/collector
Local/local
Driveway Access Distance From
Onto: Intersection (ft)
Arterial
Arterial
Arterial
Collector
Collector
Collector
Local
Local
Local
230
230
230
230
175/115*
175/115*
230
175/115*
50
* Corner clearance distance depending on relationship to
intersection: Right turn movement towards intersection,
115 feet; left turn movement 175 feet.
(4) Frontage Road Systems and Access Easements
Nonresidential developments fronting principal and minor
arterials shall establish frontage/marginal access roads.
Marginal access roads shall be designed to connect adjacent
properties and may be parking lot driving aisles. Where a
marginal access road is required, roads must lie within a
marginal access easement granted by the developer, approved by
the county attorney, and recorded in the public records. All
marginal access roads must be paved according to applicable
standards. All access points to marginal access roads shall be
designated as temporary unless otherwise approved by the public
works director. At terminal points where nonresidential zoning
abuts a residential zoning district, and in other similar
circumstances, the public works director may waive the marginal
access roadway and/or easement requirement where physical design
constraints preclude future development of a frontage road
system.
(5)
Driveway width and radii
The following standards shall be utilized for all driveways.
These standards are minimums and are applicable for car and van
traffic only. These standards may be increased in cases where
a significant amount of truck traffic is anticipated for either
the entire site or specific access points. For driveways
through off-street parking areas, minimum widths shall be
consistent with standards established by the Institute of
Traffic Engineers (I.T.E.).
596
Driveway Width Standards
One -Way Drives
Lane(s) Width in Feet
1 12
2 22/25*
Two -Way Drives
2 22/25*
3 33/36*
4 44/47*
* If non -mountable curb
Note: Check Chapter 954 (Off -Street Parking Chapter) for driving
aisle widths within parking lots.
Driveway Radii Standards
Roadway Classification Inbound Outbound
Local 25 20/25*
Collector 35 25
Arterial 35 25
* If non -mountable curb
(6) Driveway signalization
(7)
Any driveway requiring a traffic signal shall conform to those
warrants specified in the Manual of Uniform Traffic Control
Devices, U.S. Department of Transportation, Federal Highway
Administration, 1986. The manual is adopted herein by
reference, and a copy shall be maintained for public inspection
in the office of the county engineer. The installation of any
traffic signal shall be subject to the accepted standards and
approval of the engineering department.
Driveway Criteria
Driveway design shall conform to requirements herein set forth
and shall conform to the guidelines of the Federal Highway
Administration, Report No. FHWA-RD-76-87, "Technical Guidelines
for Control of Direct Access to Arterial Highways,' dated
August, 1975, and the Institute of Transportation Engineers
recommended practice as set forth in "Guidelines for Driveway
597
Design and Location," dated 1974. Both guidelines are adopted
by reference, and a copy of each shall be maintained for public
inspection in the office of the county engineer.
(8) Types of Driveways
Each driveway shall be classified as one of the following types
and regulated accordingly:
1. Minor driveways: a minor driveway shall provide service
for a maximum average daily traffic of 500 vehicles. The
minimum distance from the street right-of-way at any
ingress or egress driveway to any interior service drive
or parking space with direct access to such driveway shall
be a minimum of 25 feet measured on a line perpendicular
to the street right-of-way. Minor driveways shall provide
minimum single -lane widths of 12 feet and provide minimum
vehicle radii of 30 feet.
2. Intermediate driveways: An intermediate driveway shall
provide for a maximum average daily traffic volume of 500
to 2,000 vehicles. The minimum distance from the street
right-of-way line at any ingress or egress driveway to any
interior service drive or parking space with direct access
to such driveway shall be a minimum of 50 feet measured on
a line perpendicular to the street right-of-way.
Intermediate driveways shall provide minimum ingress lanes
14 feet wide and egress lanes 12 feet wide. Where left and
right turn egress is allowed, dual egress lanes shall be
provided with a minimum four -foot separation from the
ingress lane. Intermediate driveways shall provide minimum
vehicle turning radii of 35 feet.
3. Major driveways: A major driveway shall provide for a
maximum average daily trip volume of 2,000 to 5,000
vehicles. The minimum distance from the street right-of-
way line at any ingress or egress driveway to any interior
service drive or parking space with direct access to such
driveway shall be 100 feet measured on a line perpendicular
to the street right-of-way. Major driveways shall provide
minimum ingress lanes fourteen (14) feet wide and egress
lanes twelve (12) feet wide. Where left and right turn
egress is allowed, dual egress lanes shall be provided with
a minimum four -foot separation from the ingress lanes.
Major driveways shall provide minimum vehicle turning radii
of forty (40) feet.
(9) Median openings
To assure traffic safety, capacity and control, median openings
located within a traffic -way corridor shall be spaced the
maximum distance apart that will allow safe and adequate traffic
circulation.
598
(a) Median openings shall be permitted only where traffic
studies justify the need, taking into consideration the
following:
1. Potential number of left turns into driveways;
2. Length of frontage along the street right-of-way line
of the property proposed to be served;
3. Distance of proposed opening from adjacent
intersections or other openings;
4. Length and width of the left -turn storage lane as
functions of the estimated maximum number of vehicles
to be in the lane during peak hours; and
5. Traffic control, including signalization, that will
be necessary at the median cut. If a traffic signal
at a median cut is within 1,500 feet of another
traffic signal, the 2 shall be coordinated.
(b) No median opening shall be spaced at a distance less than
660 feet from any signalized intersection or median
opening, except that median openings may be spaced at a
lesser distance based upon a traffic study and impact
analysis; but in no case shall median openings be spaced
at less than 330 feet. Public streets shall be given
priority consideration for median openings.
(c) All median openings shall include adequate storage and
transition lanes, where warranted.
(d) These regulations may be modified by the public works
director on a case by case basis when warranted by
circumstances unique to the particular development.
Section 952.13 Vehicular Circulation
(1) Off -Street Parking Areas
All developments shall comply with the minimum off-street
parking requirements, of this code, as established in Chapter
954, Parking. Such parking areas shall be landscaped in
compliance with the provisions of this Code. Where the public
works director deems necessary, applicants shall install at
their expense pavement markings and/or external traffic control
signs to ensure the safe movement of traffic.
(2) Off -Street Loading Areas
(3)
All developments requiring off-street loading areas pursuant to
Chapter 954, Parking, of this Code, shall provide such areas in
locations which will not interfere with the safe and convenient
movement of pedestrians and vehicles. Loading areas shall be
clearly identified as such, and shall not include areas
designated for off-street parking. If such loading areas are
located adjacent to residential areas, a bufferyard shall be
provided as established herein.
Lighting of Off -Street Parking, Loading Areas, and Entrances
599
If off-street parking, loading areas or entrances are
artificially lighted, they shall be so designed and arranged
such that no source of such lighting is visible from any
adjoining or nearby property used or zoned for residential
purposes and so designed and arranged as to shield public
roadways and all other adjacent properties from direct glare or
hazardous interference.
(4) Parking Lot Landscaping
Off -Street parking areas for all uses except single-family
dwelli2ngs shall fully comply with Chapter 926, "Landscaping
and Buffering".
Section 952.14 Pedestrian Circulation
(1) Separation of vehicular and pedestrian traffic. Parking and
loading areas, as well as driveways and other vehicular
circulation areas, shall be clearly identified and separated
from principal pedestrian routes through the use of curbs,
pavement markings, planting areas, fences or similar features
designed to promote pedestrian safety.
(2) Sidewalks
(a) All projects shall provide sidewalks and sidewalk
improvements conforming to the requirements specified in
the adopted Bikeway and Sidewalk Plan, to the requirements
in the applicable zoning district regulations, and to the
sidewalk location requirements specified in Chapter 913,
Subdivisions & Plats. For purposes of applying the
location requirements of Chapter 913, Subdivisions & Plats,
to site plan projects, the word "site" shall be substituted
for the word "subdivision".
Section 952.15 Bikeway System
(1) Locations
All projects shall install bikeways on all arterial and
collector routes as specified in the adopted Indian River County
Bikeway & Sidewalk Plan. This plan specifies those roadways
along which bikeways must be constructed. With the approval of
the board of county commissioners, a sufficient amount of money
may be escrowed with the county to complete the required
bikeway.
(2) Specifications
Bikeways shall conform to the standards as stated in the county
adopted "Bikeway & Sidewalk Plan".
(3) Alternate Specifications
600
Where any of the above specifications are impractical or
impossible to implement, the applicant, with the concurrence of
the approving body, may substitute suitable alternate
specifications as described in the "Bicycle Facilities Planning
& Design Manual" (current edition) prepared by the Florida
Department of Transportation.
Section 952.16 Street Names and Numbering Systems
New streets which are extensions of existing streets shall bear the
number of the existing street. All other streets shall be numbered
with the approval of the Indian River County community development
division in conformance with county policy. In no case shall a name
for a proposed street duplicate or closely approximate an existing
street name. The community development department shall notify all
interested agencies, including the postal service, the sheriff's
department and 911 emergency system, of street name changes or new
streets. The community development department shall issue all
address and numbering systems in conformance with the county grid
system.
All requirements of Chapter 951, Road Addressing System, shall apply
here.
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CHAPTER 953 FAIR SHARE ROADWAY IMPROVEMENTS
Sec. 953.01 Short Title
Sec. 953.02 Authority
Sec. 953.03 Applicability
Sec. 953.04 Purpose
Sec. 953.05 Reserved
Sec. 953.06 Definitions
Sec. 953.07 Fee
Sec. 953.08 Time of Payment
Sec. 953.09 Interpretation of the Chapter and Fee Schedule
Sec. 953.10 Credit Against Fee
Sec. 953.11 Review of Fee Schedule
Sec. 953.12 Use of Funds Collected & Trust Funds
Sec. 953.13 Liberal Construction & Separability
Sec. 953.14 Penalty
Section 953.01 Short Title
This chapter shall be known and may be cited as the "Indian River
County Fair Share Roadway Improvements Ordinance".
Section 953.02 Authority to Enact Chapter
The Board of County Commissioners has authority to adopt this chapter
through its general noncharter home rule powers pursuant to Article
VIII of the 1968 Florida Constitution, and Section 125 and 163,
Florida Statutes.
Section 953.03 Applicability
This chapter shall apply to the unincorporated area of Indian River
County, and to the incorporated areas of Indian River County to the
extent permitted by Article VIII, Section 1(f) of the 1968 Florida
Constitution.
Section 953.04 Purpose
It is the purpose of this chapter to:
(1)
Plan for the necessary capacity expansion of Indian River
County's major road network system to ensure the safety and
efficiency of the county's roads and to provide for the health,
safety, welfare and economic well being of the citizens of
Indian River County is consistent with the mandated
responsibility of the county pursuant to Section 163.3161 et
seq. Florida Statutes, the Florida Local Government
602
Comprehensive Planning and Land Development Regulation Act, and
Section 125.01, Florida Statutes.
(2) Implement and be consistent with the Indian River County
Comprehensive Plan and the Florida Local Government
Comprehensive Planning and Land Development Regulation Act, Sec.
163.3161 et seq., Florida Statutes.
(3)
Require all new land development activity that places additional
demand on the County's major road network system to contribute
its proportionate share of the funds, land or public facilities
to accommodate any transportation impacts having a rational
nexus to the proposed development and for which the need is
reasonably attributable to the proposed development.
(4) Ensure that no funds, land or public facilities are collected
from new land development activity in excess of the actual
amount necessary to offset the demand on the County's major road
network system generated by the new land development activity.
This chapter is intended to be consistent with the principles
for allocating a fair share of the cost of new public facilities
to new users as established in Contractors and Builders
Association of Pinellas County V. City of Dunedin, 320 So.2d 314
(Fla. 1976), and Homebuilders and Contractors Association of
Palm Beach County V. Palm Beach County, 446 So.2d 140 (Fla. 4th
DCA 1983).
Section 953.05 Reserved
Section 953.06 Definitions
Definitions used in this chapter are included in Chapter 901.
Section 953.07 Fee
(1) Payment of fair share fee prior to issuance of building permit.
(a) Any person who shall commence any land development activity
generating traffic that creates an increased demand on the
County's major road network system shall be obligated to
pay a "fair share roadway improvements fee" in the manner
and the amount set forth in this section.
(b) The fee shall be paid to the County Administrator or his
designee, prior to issuance of a building permit for the
development and no building permit shall be final until any
applicable fee has been paid. If the building permit is
for less than the entire development, the fee shall be
computed separately, for the amount of development covered
by the permit. The obligation to pay the fee shall run
with the land.
603
(c) The impact fee shall be computed on the assumption that
the property will be developed in the manner that will
generate the maximum impact permitted under the applicable
laws, except to the extent the development is restricted
by a fee agreement pursuant to section 953.07(1)(e).
(d) Any person who, prior to the effective date of this
chapter, agreed as a condition of development approval to
pay impact fees shall be responsible for the payment of the
fees under the terms of such agreement, and the payment of
such fees by the person will be offset against any impact
fees otherwise due at later stages of the development
activity for which the fee was paid.
(e) Any person commencing land development activity generating
traffic which increases demand on the County's major road
network system, as identified on the current county
Thoroughfare Plan Map, and whose land is to be built out
at less than the maximum permitted under applicable law may
enter into a fee agreement with the County Commission which
stipulates the agreed use of the property, and assesses a
fee that is consistent with the agreed use of the property.
The fee agreement shall be recorded in a manner that
ensures it will run with the land.
(2) Establishment of a fee schedule.
(3)
(a) Any person who shall initiate any new land development
activity generating traffic, except those preparing an
individual assessment pursuant to sections 953.07(3) or
2953.09(2) shall pay a "fair share roadway improvements
fee" for the land development activity as established by
the fee schedule set out herein for the district in which
the new land development activity is to be initiated. The
district boundaries are shown on the Impact Fee District
Map which is attached hereto and incorporated herein by
reference.
(b) The impact fees in the fee schedule have been reduced by
fifteen (15) percent. For any person choosing to prepare
an individual assessment, the County shall require the full
cost for providing new roads for the land development
activity generating traffic. This cost, in essence, is a
15% processing fee for reviewing a traffic impact analysis
for an individual assessment of the impact new land
development would have on the County's major road network.
Individual assessment of fiscal impact of land development
activity on the major road network: the traffic impact analysis.
(a) The "Fair Share Roadway Improvements Fee" shall be
determined by the individual assessment of the fiscal
impact of land development on the major road network if:
604
1. Any person commencing land development activity
generating traffic which increases demand chooses to
have the fee determined by the individual assessment;
2. The proposed land development activity requires a
development of regional impact or building permit and
the County Administrator or his designee determines
the nature, timing or location of the proposed
development makes it likely to generate impacts
costing substantially more to accommodate than the
amount of the fee that would be generated by the use
of the fee schedule; or
3. The proposed land development activity generating
traffic which increases demand on the County's major
road network system changes or intensifies the use of
existing land development.
(b) The individual assessment shall be undertaken through the
submission of a traffic impact analysis, which shall
include the following information:
1. The projected trip generation rates for the proposed
land development activity and, if applicable pursuant
to section 953.07(3)(a)3., the existing land
development activity. Trip generation rates shall be
assessed on an average annual basis, and on a peak
hour, peak season, peak direction basis. The trip
generation rates shall be based upon local empirical
surveys of trip generation rates for the same or
similar land use types that meet methodological
standards acceptable to the transportation engineering
profession. If local empirical surveys are not
available, state or national trip generation rate
information can be used, if it is based on
methodological standards acceptable to the
transportation engineering profession;
2. The proposed trip length, trip distribution, and
traffic assignment of the trips generated from the
proposed land development activity onto the County's
major road network system and, if applicable pursuant
to section 953.07(3)(a)3., the trip length, trip
distribution and traffic assignment of the trips
generated from existing land development activity onto
the County's major road network system. Trip length
information shall be based upon local empirical
surveys of similar land use types or trip length data
compiled by the County Administrator or his designee
for average trip lengths for similar land use types.
Trip distribution information shall be based upon the
existing physical development surrounding the proposed
land development activity, and projections of
population and physical development that is consistent
with the Indian River County Comprehensive Plan;
605
3. The traffic assignment of trips generated by other
approved land development activity in the area onto
the County's major road network system;
4. An assessment of the capital expansion of the County's
major road network system necessitated by the proposed
land development activity if the major road network
system is to be maintained at level of service "C" for
rural principal arterials and rural freeways during
peak season and level of service "D" on all other
freeway, arterial and collector roadways during peak
season. If applicable pursuant to section
953.07(3)(a)3., this assessment shall also consider
the demand placed on the County's major road network
by the existing land development activity. Standard
acceptable practices and methodological procedures in
the transportation planning and engineering profession
shall be used to determine the capital expansion of
the County's major road network system necessitated
by the proposed land development activity.
5. An assessment of the costs for providing the capital
expansion necessitated by the proposed land
development activity. The cost figures used shall be
based upon recent empirical information of the costs
in Indian River County for the construction of a lane
mile, and shall include related right-of-way costs,
traffic control equipment costs and other related
capital costs for the necessary capital improvements;
6. An assessment of the projected gas and license tax
revenues or any other revenues that will be derived
from the proposed land development activity that can
be reasonably determined to be available to pay for
new capital improvements to the County's major road
network system over the planning horizon; and
7. The amount of any shortfall between the projected gas
and license tax revenues, any other revenues, and the
capital expansion costs for the major road development
activity. Any shortfall shall be considered the
proposed "Fair Share Roadway Improvements Fee".
(c) The Traffic Impact Analysis submitted pursuant to section
953.07(3)(a)1. and 3. shall be submitted by the developer
of the proposed land development activity and shall be
prepared by qualified professionals in the field of
transportation planning or engineering, and shall be
submitted to the County Administrator, or his designee.
Also, the traffic impact analysis submitted pursuant to
section 953.07(3)(a)2. shall be prepared by qualified
professionals in the field of transportation planning or
engineering.
606
(d) Within twenty (20) days of receipt of a traffic impact
analysis, the County Administrator or his designee shall
determine if it is complete. If the County Administrator
determines the application is not complete, he shall send
a written statement specifying the deficiencies by
certified mail to the person submitting the application.
Unless the deficiencies are corrected, the County
Administrator shall take no further action on the traffic
impact analysis.
(e) When the County Administrator determines the traffic impact
analysis is complete, he shall notify the applicant of its
completion within (5) days, and he shall review it within
twenty (20) days.
(f) If on the basis of generally recognized principles of
traffic engineering it is determined in the individual
assessment that the County's cost to accommodate the
proposed land development activity is substantially
different than the fee set down in section 953.07(2)(a),
the amount of the "Fair Share Roadway Improvement Fee"
shall be varied from that in the fee schedule to an amount
consistent with the amount determined in the individual
assessment.
(g) Any person may appeal the County Administrator's decision
on his individual assessment by filing a petition with the
Board of County Commissioners within thirty (30) days of
a decision by the County Administrator. In reviewing the
decision, the Board of County Commissioners shall use the
standards established in Section 953.07(3)(f).
Section 953.08 Time of Payment
No building permit approval shall be issued until any applicable
"Fair Share Roadway Improvements Fee" is paid according to these
provisions. The obligation to pay the fee shall run with the land.
Section 953.09 Interpretation of the Chapter and Fee Schedule
(1) Interpretation. Interpretation of all provisions of this
chapter including whether a proposed land development activity
is identified in one of the land use types in the fee schedule
established in section 953.07(2)(a), shall be made by the county
administrator, or his designee.
(2) Fair share fee determination for land development activity not
included in fee schedules.
(a) Any person who shall initiate any land development activity
interpreted by the County Administrator as not included in
the fee schedule established in section 953.07(2)(a) shall
submit a request to the County Administrator for a fair
607
share .fee determination for the proposed land development
activity pursuant to the terms of this chapter. The fair
share fee determination shall be the "fair share roadway
improvement fee" exacted for the proposed land development
activity pursuant to the terms of this Chapter.
(b) The County Administrator shall prepare the fair share fee
determination within thirty (30) days after a formal
request has been made by any person who proposes to
initiate land development interpreted as not expressly
included in the fee schedule in section 953.07(2)(a).
(c) In completing the fair share fee determination, the County
Administrator shall:
1. Determine the traffic demand the proposed land
development activity places on the County's major road
network. In determining the traffic demand of the
proposed land development activity, the County
Administrator shall consider the information outlined
in section 953.07(3)(b) 1. through 7.
2. Assess the capital expansion of the County's major
road network system that will be necessitated by the
proposed land development activity. Standard
acceptable practices and methodological procedures in
the transportation planning and engineering profession
shall be used to determine the capital expansion of
the County's major road network system necessitated
by the proposed land development activity.
3. Determine the costs for providing the capital roadway
expansion necessitated by the proposed land
development activity. The cost figures used in
assessing the costs for providing the capital
expansion necessitated by the proposed land
development activity shall be based upon recent
empirical information of the costs in Indian River
County for the construction of a lane mile, and shall
include related right-of-way costs, traffic control
equipment costs and the planning, design, and
engineering costs and other related capital costs for
the necessary capital improvements.
4. Assess the projected gas and license tax or other
transportation related credits, and other revenues
that will be derived from the proposed land
development activity. In assessing the projected gas
and license tax revenues that will be derived from the
proposed land development activity that can be
reasonably determined to be available to pay for new
capital improvements to the County's major road
network system over the planning horizon, the County
Administrator shall use methodological principles
acceptable in the field of fiscal impact analysis.
608
5. Establish a "Fair Share Roadway Improvements Fee" for
the proposed land development activity. The "Fair
Share Roadway Improvements Fee" shall be established
by determining the amount of any shortfall between the
tax revenues projected in section 953.09(2)(c)4. and
the capital expansion costs for the major road network
system necessitated by the new land development
activity calculated in section 953.09(2)(c)3.
(d) Any person may contest the County Administrator's fair
share fee determination for his proposed land development
activity by preparing an individual assessment for the
proposed land development activity pursuant to section
953.07(3)(b), and submitting it to the County
Administrator. The traffic impact analysis shall be
prepared by qualified professionals in the field of
transportation planning or engineering.
(e) Within twenty (20) days of receipt of an individual
assessment submitted to contest a fair share fee
determination, the County Administrator shall determine if
it is complete. If the County Administrator determines it
is not complete, he shall send a written statement
specifying the deficiencies by certified mail to the person
submitting the traffic impact analysis. Unless the
deficiencies are corrected, the County Administrator shall
take no further action on the traffic impact analysis.
(f)
(g)
When the County Administrator determines the individual
assessment contesting the fair share fee determination is
complete, he shall notify the applicant within (5) days,
and he shall review it within twenty (20) days. If it is
not reviewed within these timeframes, then the item will
be scheduled for the next available Board of County
Commissioners meeting. The fair share fee determination
shall be modified if on the basis of generally recognized
principles of traffic engineering it is determined in the
individual assessment that the County's cost to accommodate
the proposed land development activity is substantially
different from the fair share fee determination. The
modification shall be consistent with the information and
analysis in the individual assessment.
Any person may appeal the County Administrator's
determination of an individual assessment contesting a fair
share fee determination by filing a petition with the Board
of County Commissioners within thirty (30) days of a
decision of the County Administrator's decision, the Board
of County Commissioners shall use the standards established
in section 953.09(2)(f).
609
Section 953.10 Credit Against Fee
(1)
Any person who shall commence any land development activity
generating traffic may apply for a credit against any fee paid
pursuant to the provisions of this Chapter for any contribution,
payment, construction, or land accepted and received by Indian
River County or any municipality participating in this chapter,
including any contribution, payment or construction made
pursuant to a development order issued by Indian River County
or any participating municipality pursuant to its local
development regulation or Section 380.06, Florida Statutes, or
any additional development requirement imposed by the Florida
Land and Water Adjudicatory Commission on a development of
regional impact. No credit shall be granted for any
contribution, payment, construction or land received by Indian
River County where a building permit has been issued prior to
the effective date of this Chapter for a portion of a proposed
development, to the extent said contribution, payment,
construction or land is to provide capacity expansion to the
County's major road network required by the portion of the
development for which the building permit has been issued.
(2) The credit shall be in an amount equal to the market value of
the contribution, payment, construction or land dedication. No
credit shall exceed the fee for the proposed impact generating
activity imposed by this chapter, unless a credit (developer's)
agreement is completed which provides use of excess credits and
stipulates how the excess credits will be applied toward
additional lands owned by a developer.
(3) The determination of any credit shall be undertaken through the
submission of a proposed credit agreement to the County
Administrator or his designee. The proposed credit agreement
shall include the following information:
(a) If the proposed credit agreement involves credit for the
dedication of land:
1. A drawing and legal description of the land;
2. The appraised fair market value of the land at the
date of its dedication, prepared by a certified
Florida real property appraiser approved by the County
Administrator or his designee, and if applicable;
3. A certificate of title or title search of the land;
4. A certified copy of the development order in which
the land was agreed to be dedicated.
(b) If the proposed credit agreement involves construction:
1. The proposed plan of the specific construction
prepared and certified by a duly qualified and
licensed Florida Engineer;
610
2. The projected costs for the improvement, which shall
be based on local information for similar
improvements, along with the construction timetable
for the completion thereof. Such estimated cost shall
include the cost of construction or reconstruction,
the cost of all labor and materials, easements and
franchises acquired, financing charges, interest prior
to and during construction; cost of plans and
specification, surveys of estimates of costs and of
revenues, cost of engineering and legal services, and
all other expenses necessary or incident to
determining the feasibility or practicability of such
construction or reconstruction.
(c) If the proposed credit agreement involves a credit for any
contribution or payment:
1. A certified copy of the development order in which
the contribution or payment was agreed;
2. If payment has been made, proof of payment; or
3. If payment has not been made, the proposed method of
payment.
(4) Within twenty (20) days of receipt of the proposed credit
agreement, the County Administrator or his designee shall
determine if the proposal is complete. If it is determined that
the proposed agreement is not complete, the County Administrator
or his designee shall send a written statement to the applicant
outlining the deficiencies. The County Administrator shall take
no further action on the proposed credit agreement until all
deficiencies have been corrected or otherwise settled.
(5) Once the County Administrator or his designee determines the
proposed credit agreement is complete, he shall review it within
thirty (30) days and grant the proposed credit agreement if the
contribution, payment, construction or land dedication:
(a) Meets an expansion need of the County's major road network
system which is identified in the County's 20 -year
Transportation Capital Improvement Program; or
(b) Provides a capital road improvement to the County's major
road network system which provides capacity expansion
necessitated by the proposed land development activity.
(6) Credit shall be given for the contribution, payment,
construction or land that is consistent with its market value
at the time of contribution, payment or dedication.
(7)
If the credit agreement application is approved by the County
Administrator or his designee, a credit agreement shall be
prepared and signed by the applicant and the County. It shall
specifically outline the contribution, payment, construction or
land dedication, the time by which it shall be completed,
dedicated or paid, and the dollar credit the applicant shall
611
receive for thecontribution, payment, construction or land
dedication.
If the credit is for construction, the credit agreement shall
include security in the form of a performance bond, irrevocable
letter of credit or cash escrow agreement, and shall be posted
with the Board of County Commissioners in an amount approved by
the County Administrator or his designee equal to one hundred
and fifteen (115) percent of the full cost of such construction.
If the road construction project will not be constructed within
one year of the signing of the credit agreement, the amount of
the security shall be increased by (10) percent, compounded for
each year of the life of the security.
(8) Any person may appeal the County Administrator's decision on
any proposed credit agreement he submits by filing a petition
with the Board of County Commissioners within thirty (30) days
of a decision by the County Administrator. In reviewing the
County Administrator's decision, the County Commission shall
use the standards established in Section 953.10(5).
Section 953.11 Review of Fee Schedule
Prior to the adoption of the annual budget in every even numbered
year, the Board of County Commissioners shall receive a report from
the County Administrator or his designee on the review of the "Fair
Share Roadway Improvements Fee" schedule in section 953.07(2)(a),
along with any recommended changes in the fee schedule. Changes in
the schedule shall be based on any revisions to the population
projections for the county, travel characteristics, road costs or
inflation.
Section 953.12 Use of Funds Collected and Trust Funds
(1) Intent. Any "Fair Share Roadway Improvement Fees" collected
pursuant to the terms of this article are expressly designated
for accommodation of impacts reasonably attributable to the
proposed land development activity generating traffic as
hereinafter provided in this section.
(2) Establishment of Fair Share Roadway Improvement Trust Fund and
Trust Accounts. There is hereby established the "Fair Share
Roadway Improvements Trust Fund" (trust fund) for the purpose
of ensuring that the fees collected pursuant to this Chapter are
designated for the accommodation of impacts reasonably
attributable to the proposed land development activity
generating traffic and are consistent with the Indian River
County Comprehensive Plan. The trust fund shall be divided into
nine (9) separate trust accounts, one for each district as shown
on the Impact Fee District Map which is attached hereto and
incorporated herein by reference.
(3)
Payment of fair share fees into trust accounts. "Fair Share
Roadway Improvement Fees" collected pursuant to this Chapter
612
shall be paid into the trust accounts established for the
district in which the new land development activity is proposed.
(4) Expenditure of fair share fees in trust accounts.
Proceeds from the trust accounts shall be used exclusively for
capital expansion of the County's major road network system as
identified on the County's and/or other municipalities'
Thoroughfare Plan Maps, in the district from which the monies
have come, and in a manner consistent with the Indian river
County Comprehensive Plan, except the following percent of
proceeds from the nine (9) trust accounts may be used outside
the district boundaries for capacity expansion of bridge
facilities and their access roads connecting Orchid Island and
the mainland: District I-31%; District II -19%; District III -
8%; District IV -9%; District V-10%; District VI -4%; District
VII -4%; District VIII -10%; and District IX -5%.
(b) Any funds in each of the trust accounts on deposit, not
immediately necessary for expenditure, shall be invested
in interest-bearing assets. All income derived from these
investments shall be retained in the applicable trust
account.
(c) Each year, at the time the annual county budget is
reviewed, the County Administrator or his designee shall
propose appropriations to be spent from the trust accounts.
Any amounts not appropriated from the trust accounts by the
County Administrator or his designee, together with any
interest earning shall be carried over in the specific
trust account to the following fiscal period.
(5) Return of fair share fees if not encumbered for capital roadway
improvements.
(a) Any "fair share roadway improvements fees" collected shall
be returned to the feepayer, or his successor in interest,
if the fees have not been spent within six (6) years from
the date the fees were paid, with interest of six (6)
percent a year. Provided, however, that the Board of
County Commissioners may by resolution extend for up to
three (3) years the date at which fees must be refunded if
they are to be committed within that time for capacity
expansion of the bridge facilities connecting Orchid Island
and the mainland. Such an extension shall be made upon a
finding that within such three-year period bridge facility
improvements are planned to be constructed that are
reasonably attributable to the feepayer's land development
activity. "Fair Share Roadway Improvement Fees" collected
shall be deemed to be spent on the basis of the first fee
collected shall be the first fee spent for roadway
improvements.
(b) The refund of "Fair Share Roadway Improvements Fees" shall
be undertaken through the submission of a refund
613
application to be submitted within one year following the
end of the sixth year from the date on which the "Fair
Share Roadway Improvements Fee" was paid. If the time of
refund has been extended pursuant to section 953.12(5)(a),
the refund application shall be submitted within one year
following the end of this extension. The refund
application shall include the following information:
1. A notarized sworn statement that the feepayer paid
the "Fair Share Roadway Improvements Fee" for the
property and the amount paid;
2. A copy of the receipt issued by the County for payment
of the fee; and, if applicable,
3. Certified proof that the applicant is the successor
in interest to the feepayer.
(c) Within twenty (20) days of receipt of the refund
application, the County Administrator or his designee shall
determine if it is complete. If the County Administrator
or his designee determines the application is not complete,
he shall send a written statement specifying the
deficiencies by mail to the person submitting the
application. Unless the deficiencies are corrected, the
County Administrator shall take no further action on the
refund application.
(d) When the County Administrator or his designee has
determined that the refund application is complete, he
shall review it within twenty (20) days, and shall approve
the proposed refund if he determines the feepayer has paid
a "Fair Share Roadway Improvements Fee", which the County
has not spent (encumbered) or (encumbered through a
construction contract) within the time established in
section 953.12(5)(a).
(e) Any feepayer or his successor in interest, if applicable,
may appeal the County Administrator's decision on his
refund application, by filing a petition with the Indian
River County Board of County Commissioners within thirty
(30) days of a decision by the County Administrator. In
reviewing the decision, the Board of County Commissioners
shall use the standards established in section
953.12(5)(d).
(6) Refund of fair share fee upon cancellation of land development
activity due to noncommencement.
(a) Any "Fair Share Roadway Improvements Fees" collected shall
be refunded to the feepayer or his successor in interest,
if the land development activity generating traffic is
cancelled due to noncommencement, and if the fees have not
been spent (encumbered) or (encumbered through a
construction contract). The refund shall include interest
of six (6) percent a year. "Fair Share Roadway Improvement
Fees" collected shall be deemed to be spent (encumbered)
614
or (encumbered through a construction contract) on the
basis of the first fee collected shall be the first fee
spent for the roadway improvement.
(b) The refund of "Fair Share Roadway Improvement Fees" shall
be undertaken within ninety (90) days of noncommencement
through the submission of a refund application, which
application shall include the following information:
1. A notarized sworn statement that the feepayer paid
the "Fair Share Roadway Improvements Fee" for the
property and the amount paid;
2. A copy of the receipt issued by the County for payment
of the fee;
3. A certified copy of a certificate signed by the
feepayer or his successor in interest relinquishing
the building permit received for the land development
activity; and if applicable,
4. Certified proof that the applicant is a successor in
interest to the feepayor.
(c) The County Administrator shall review the refund
application within thirty (30) days from the date of its
receipt and determine whether the land development activity
has been cancelled due to noncommencement.
(d) Only those "Fair Share Roadway Improvement Fees" paid for
land development activity which the County Administrator
determines has been cancelled due to noncommencement and
has not been encumbered shall be returned to the feepayer
or his successor in interest, with interest of six (6)
percent a year.
(e) Any feepayer or his successor in interest may appeal the
County Administrator's decision on his refund application
by filing a petition with the Board of County Commissioners
within thirty (30) days of the final decision of the County
Administrator. In reviewing the decision, the County
Commission shall use the standards established in section
953.12(5)(d).
Section 953.13 Liberal Construction and Separability
(1) The provisions of this Chapter shall be liberally construed to
effectively carry out its purpose in the interest of the public
health, safety, welfare and convenience.
(2) All Sections or parts of Sections of this Chapter are repealed
to the extent of such conflict.
(3) If any section, phrase, sentence or portion of this Chapter is
for any reason held invalid or unconstitutional by any court of
competent jurisdiction, such portion shall be deemed separate,
distinct and an independent provision, and such holding shall
not affect the validity of the remaining portion of this
Chapter.
615
Section 953.14 Penalty
(1) Any building permit used for new construction as covered by
these provision but without payment of the "Fair Share Roadway
Improvements Fee" as required by these provisions shall be void.
(2) A violation of these provisions shall be a misdemeanor
punishable according to law; however, in addition to or in lieu
of any criminal prosecution, Indian River County shall have the
power to sue in civil court to enforce these provisions.
u\v\ldr\tif.953
616
Effective Date: 1-1-89
FEE SCHEDULE FOR NEW LAND DEVELOPMENT ACTIVITY
TYPE OF LAND DIST. DIST. DIST. DIST. DIST. DIST. DIST. DIST. DIST.
DEVELOPMENT I II III IV V VI VII VIII IX
ACTIVITY
Residential:
Single -Family
(per unit) 1,450 1,355 1,113 1,000 1,513 1,211 587 860 1,110
Multi -Family
(per unit) 835 780 640 576 871 697 388 495 639
Mobile Homes
(per unit) 781 730 599 539 815 652 316 463 598
Hotel (per bedroom) 1,276 1,192 979 880 1,331 1,065 516 756 976
Motel (per bedroom) 1,494 1,396 1,146 1,031 1,559 1,248 605 886 1,143
Nursing Home
(per bed) 422 395 324 291 441 353 171 250 323
Office and Financial:
Medical office
(per 1,000gsf) 2,756 2,576 2,115 1,901 2,876 2,301 1,115 1,634 2,109
Bank/financial off.
(per 1,000gsf) 6,310 5,896 4,841 4,352 6,583 5,268 2,553 3,740 4,828
Bank/financial
(w/drive-in)
(per 1,000gsf) 9,670 9,036 7,418 6,669 10,088 8,074 3,912 5,732 7,399
Other office
up to 10,000gsf
(per 1,000gsf) 1,968 1,839 1,509 1,357 2,053 1,643 796 1,166 1,506
',her office
--ver 10,000gsf
(per 1,000gsf) 1,316 1,229 1,009 907 1,373 1,099 532 780 1,007
Industrial:
Warehouse
(per 1,000gsf) 334 312 256 230 348 278 135 198 255
General Industrial
(per 1,000gsf) 369 345 283 255 385 308 149 219 282
Concrete Plant
(per acre) 1,066 996 818 735 1,112 890 431 632 816
Sand Mining
(per acre) 137 128 105 94 143 114 55 81 105
Retail:
Up to 10,000gsf
(per 1,000gsf) 3,061 2,860 2,348 2,111 3,193 2,556 1,238 1,814 2,342
10,001 to 50,000gsf
(per 1,000gsf) 1,743 1,628 1,337 1,202 1,818 1,455 705 1,033 1,333
50,001 to 100,000gsf
(per 1,000gsf) 2,023 1,891 1,552 1,395 2,111 1,689 819 1,199 1,546
100,001 to 200,000gsf
(per 1,000gsf) 2,258 2,110 1,733 1,558 2,356 1,886 914 1,339 1,728
(Note: gsf = gross square feet)
616.01
Effective Date: 1-1-89
FEE SCHEDULE CONT...
TYPE OF LAND DIST. DIST. DIST. DIST. DIST. DIST. DIST. DIST. DIST.
DEVELOPMENT I II III IV V VI VII VIII IX
ACTIVITY
Retail:
200,001 and over
(per 1,000 gsf) 2,566 2,398 1,969 1,770 2,677 2,143 1,038 1,521 1,964
Gas Stations
(per fuel pump) 2,447 2,287 1,877 1,688 2,553 2,043 990 1,451 1,873
Used car sales
(per acre) 5,010 4,682 3,844 3,456 5,227 4,183 2,027 2,970 3,834
Restaurant
(per 1,000 gsf) 3,697 3,454 2,836 2,550 3,856 3,086 1,496 2,191 2,829
Fast food restaurant
(per 1,000 gsf) 5,226 4,883 4,009 3,604 5,452 4,363 2,114 3,098 3,999
Convenience store
(per 1,000 gsf) 7,286 6,809 5,590 5,026 7,602 6,084 2,948 4,319 5,575
Recreational:
Golf course
(per parking space) 626 585 481 432 653 523 253 371 479
Racquet club
(per 1,000 gsf) 1,509 1,410 1,158 1,041 1,574 1,260 610 894 1,155
County Park
(per parking space) 199 186 153 137 208 166 81 118 153
Governmental:
Post office
(per 1,000 (Jsf) 2,880 2,691 2,209 1,986 3,004 2,405 1,165 1,707 2,204
Library
(per 1,000 gsf) 3,630 3,392 2,785 2,504 3,787 3,031 1,469 2,152 2,778
Office building
(per 1,000 gsf) 5,558 5,194 4,264 3,834 5,799 4,641 2,249 3,295 4,253
Jail (per bed) 98 91 75 67 102 81 39 58 75
Miscellaneous:
Day child care cntr.
(per 1,000 gsf) 2,313 2,161 1,774 1,595 2,413 1,931 936 1,371 1,770
Hospital
(per 1,000 gsf) 702 656 539 484 733 586 284 416 537
Church (per 1,000 gsf) 599 560 460 413 625 500 242 355 459
(Note: gsf = gross square feet)
616.02
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Off -Street Parking 954
954.01 Title
954.02 Purpose, Intent, and Applicability
954.03 Definitions
954.04 Computation of Required Parking Spaces
954.05 Parking Standards: Automotive Vehicles
954.06 Parking Standards: Bicycles
954.07 Dimensional Standards and Locational Criteria
954.08 Special Parking Regulations and Arrangements
954.09 Off -Street Loading Regulations
954.10 Construction Standards
Section 954.01 Title.
This chapter, the terms and provisions contained herein, shall be
known as the "Off -Street Parking Ordinance" of Indian River County,
Florida.
Section 954.02 Purpose, Intent and Applicability
(1) Purpose and Intent. It is the purpose of this chapter to ensure
that an adequate number of off-street parking spaces are
provided for all uses which are located in Indian River County.
It is generally recognized that off-street parking promotes the
general health, safety, and welfare of the motoring public and
prevents public harm by reducing or eliminating the need for on -
street parking. On -street parking is generally only appropriate
in an urban setting and can result in a hazardous situation, in
an impedance of traffic flow, and in a delay of emergency
response vehicles.
The provision of adequate off-street parking creates a benefit
to the private property owner by providing a stable, secure area
for customer and/or visitor parking, and helps prevent vehicular
encroachments and trespass onto adjacent properties.
It is the intent of this ordinance that the proper number of
off-street parking spaces be provided for each development site
and that the design of the parking lots make the use of off-
street parking spaces safe, and convenient.
(2) Applicability: Off-street parking facilities shall be provided
and maintained for all developments within the county pursuant
to the requirements of this code. These standards shall apply
to new development projects, as well as to modifications and
additions to existing developments.
Section 954.03 Definitions
All terms used in this chapter are defined in chapter 901 of this
code.
617
Section 954.04 Computation of Required Parking Spaces
(1) When a determination of the number of required off-street
parking spaces results in a fractional space, the fraction shall
be rounded up to the next whole number.
(2) Parking space requirements for each project shall be computed
by applying the rate established for the proposed use in 954.05
to the gross floor area of all buildings for the overall project
use unless otherwise specified herein.
(3) When multiple uses in discrete building units are proposed in
a project, the parking requirement shall be the sum of the
parking required for the discrete units or areas.
954.05 Parking Standards: Automotive Vehicles
The following standards shall apply to the uses as noted:
(1) Amusement game parlors, pool halls, and other similar
recreational buildings. One (1) space per two hundred (200)
square feet of gross building area.
(2) Automotive, boat, and trailer sales. One (1) space per five
hundred (500) square feet of gross building area plus one space
per twenty-five hundred (2500) square feet of outside display
area. The display area for boat sales shall be either paved,
fully sodded or otherwise stabilized as approved by the public
works director.
(3)
Auto repair, auto body, and diagnostic shops. Six (6) spaces
per bay. One space per bay shall be designated and marked as
customer parking, all other spaces are to be used for employee
parking, staging of vehicles, and overflow parking. All
designated customer spaces shall be adjacent to the office area.
A bay used to accommodate a vehicle may count as a space.
(4) Banks and other financial institutions frequented by the public.
One (1) space per two hundred (200) square feet of gross
building area.
(5) Beauty Parlor, Barber Shop, or other Personal Services: One
(1) space per two hundred (200) square feet of gross floor area.
(6) Bed and Breakfast. Two (2) spaces plus one (1) space per
rentable room.
(7) Bowling alleys. Five (5) spaces per each bowling lane.
(8) Building Supply: One (1) space per two hundred (200) square
feet of enclosed gross floor area and one (1) space per five
hundred (500) square feet of outdoor or covered storage. One
618
(9)
(1) space per five hundred (500) square feet of gross floor area
is required for detached accessory storage buildings.
Bus Terminal. One (1) space per two hundred (200) square feet
of building area, up to 50% of which may be fully sodded or
otherwise stabilized as approved by the public works director.
For any such facility, a minimum of six (6) spaces shall be
provided.
(10) Car Wash. Two (2) spaces per bay, plus two (2) car lengths
paved queuing area for each bay. Half of the total spaces may
be provided at vacuum or other car preparation stations.
(11) Carry -out restaurant. One (1) space per two hundred (200)
square feet of gross floor area.
(12) Churches, temples, places of worship, public buildings,
auditoriums, stadiums and other places of public assembly. One
(1) space for every three (3) seats.
(13) Contractors Office or trades building.
(a) Buildings of three thousand (3,000) square feet or less
shall require one space per three hundred (300) square feet
of gross floor area. A minimum of five (5) spaces are
required for any building.
(b) Buildings greater than three thousand (3,000) square feet
shall require one (1) space per three hundred (300) square
feet of gross floor area for the first three thousand
(3,000) square feet, and one (1) space per five hundred
(500) square feet of gross floor area for building area
over three thousand (3,000) square feet.
(14) Convalescent homes, homes for the aged, retirement homes,
nursing homes and other similar health care facilities. One
(1) space shall be provided and reserved for doctors for each
fifteen (15) patient/resident beds, plus one (1) space per ten
(10) patient/resident beds, plus one (1) space per two and one-
half (2.5) employees, exclusive of doctor parking spaces. A
loading zone is required for these uses.
(15) Convenience stores. One (1) space per one hundred fifty (150)
square feet of gross floor area.
(16) Electronic telephone switching stations. One (1) space per
station; the space shall be either paved or fully sodded or
otherwise stabilized as approved by the public works director.
(17) Fire stations. One (1) space per five hundred (500) square feet
of gross floor area.
(18) Flea markets and farmer's markets. There shall be one and one-
half (1.5) parking spaces for each booth or stand. In addition,
each stand or booth shall have one (1) backup loading parking
619
space adjacent to each stand or booth. All parking spaces and
driveway aisles shall be either paved or otherwise stabilized
as approved by the public works director.
(19) Funeral chapel. One space per 3 seats within the chapel.
(20) Funeral homes, mortuaries and crematoriums. There shall be one
space per 3 seats within the chapel, plus one space per three
hundred (300) square feet of gross floor area for all other
building areas or uses.
(21) Furniture, carpet and major appliance stores.
(a) One (1) space per three hundred (300) square feet of gross
floor area for the showroom, plus one (1) space for every
seven hundred fifty (750) square feet of gross floor area
for product storage area for stores containing display and
storage area.
(b) One (1) space per four hundred (400) square feet of gross
building area for stores containing display area only.
(22) Gas Stations.
One quarter (1/4) space per fuel dispensing nozzle.
(a) With Automotive Repair: Four (4) spaces per bay, plus one
quarter (1/4) space per fuel dispensing nozzle.
(b) Gas Station with Accessory Retail Sales: One quarter (1/4)
space per fuel dispensing nozzle, plus one space per 150
square feet of gross floor area. Four (4) spaces per bay
are required for any automotive repair associated with the
gas station.
(c) With accessory car washes, parking and/or queuing as
specified for car washes shall be provided in addition to
the requirements for gas stations.
(23) General commercial. One (1) space per two hundred (200) square
feet of gross floor area.
(24) Golf courses.
(a) Private courses not open to the public or serving
primarily on-site users: An executive course requires
three (3) spaces per hole; a championship course requires
four (4) spaces per hole. Up to 25% of the spaces may be
fully sodded or otherwise stabilized as approved by the
public works director.
(b) Courses open to the public: An executive course requires
four (4) spaces per hole and a championship course requires
five (5) spaces per hole. Up to 25% of the spaces may be
620
fully sodded or otherwise stabilized as approved by the
public works director.
(25) Golf Driving Range. One and three tenths (1.3) spaces per tee;
25% of the spaces may be fully sodded or otherwise stabilized
as approved by the public works director.
(26) Governmental and Institutional, frequented by the public. One
space per two hundred sixty (260) square feet of gross floor
area.
(27) Group home. One (1) space per two (2) beds.
(28) Hospitals, sanitariums and other similar health care facilities.
One (1) space shall be provided and reserved for doctors for
each ten (10) patient beds, plus one (1) space per four (4)
patient beds, plus one (1) space per one and one-half (1.5)
employees (total for all shifts), exclusive of doctor parking
spaces.
(29) Hotels and motels. One and three tenths (1.3) spaces per
rentable room, plus one (1) space for each three (3) seats for
accessory restaurant or lounge area.
(30) Junkyard. Junkyards shall require a minimum of six (6) spaces,
and shall require one (1) space per five thousand (5,000) square
feet of junkyard area.
(31) Laundromats. One (1) space per three hundred (300) square feet
of gross building area, or one space per three (3) washers,
whichever is greater.
(32) Libraries and museums. One (1) space per three hundred (300)
square feet of gross building area.
(33) Malls, Regional (Developments of Regional Impact). One space
per two hundred (200) square feet of gross leasable area, and
including kiosks, food court areas, offices and administration
areas. Other independent "stand alone" uses (e.g. a restaurant
on an out -parcel) will require parking for the individual use(s)
as specified in this chapter.
Up to twenty five percent (25%) of the total number of required
spaces may be fully sodded or otherwise stabilized as approved
by the public works director. Such spaces shall only be those
located the greatest distance from the building(s) served.
(34) Manufacturing, wholesaling and storage businesses which do not
sell over the counter products to the general public from the
premises.
(a) Single use buildings of ten thousand (10,000) square feet
or less shall require one space per five hundred (500)
square feet of gross floor area. A minimum of four (4)
spaces is required.
621
(b) Single use buildings greater than 10,000 square feet shall
require one (1) space per five hundred (500) square feet
of gross floor area for the first 10,000 square feet and
one (1) space per seven hundred fifty (750) square feet of
gross floor area for building area over 10,000 square feet.
(c) Multiple use (business) buildings shall provide one (1)
space per 500 square feet of gross area.
(35) Marinas. One (1) space per three hundred (300) square feet of
principal building area plus one (1) space per three (3) boat
storage spaces or slips.
(36) Medical and dental offices and out-patient clinics. One (1)
space per one hundred and seventy-five (175) square feet of
gross floor area.
(37) Medical labs and diagnostic or research facilities not
frequented by the public. One (1) space per three hundred (300)
square feet of gross floor area.
(38) Miniature golf courses. Two (2) spaces per hole, plus one (1)
space per one hundred fifty (150) square feet of accessory
commercial or amusement area. The site design shall provide
for a customer drop-off area.
(39) Mini -storage facilities. Mini -storage facilities shall require
a minimum of four (4) spaces. One (1) space per three thousand
(3,000) square feet of gross floor area of the building(s). All
spaces shall be located adjacent to the facility's office.
Additionally, driving aisles a minimum of thirty feet (30') wide
shall be provided adjacent to the entrance of each storage unit
having an exterior door or other exterior opening for loading
and unloading. Driving aisle width standards may be increased
by the public works director for two-way traffic flow. In
addition, two spaces per watchman's quarters are required.
(a) Outdoor storage of vehicles may occur on paved surfaces or
stabilized surfaces as approved by the public works
director. The outdoor storage area must be screened from
any public rights-of-way or adjacent residentially zoned
areas by a Type "B" buffer.
(40) Mobile home or recreational vehicle sales. One (1) space per
five hundred (500) square feet of gross floor area plus one (1)
space per twenty-five hundred (2500) square feet of outside
display area. The display area shall be fully sodded.
(41) Multiple -family dwellings.
(a) Two (2) spaces per each dwelling unit; for each dwelling
unit over forty units, one-half (1/2) space per unit of
622
the required parking may be fully sodded or otherwise
stabilized as approved by the public works director.
1. All parking spaces required for multifamily
residential uses should be located no further than
the following distances from the units they serve:
Resident parking:
Visitor parking:
200 feet
250 feet
Distances shall be measured from a dwelling unit's
entry to the parking space. Where a stairway or
elevator provides access to dwelling units, the
stairway or elevator shall be considered to be the
entrance to the dwelling unit. For purposes of
measuring these distances, each required parking space
shall be assigned to a specific unit on the
development plan, whether or not the developer will
actually assign spaces for the exclusive use of the
specific unit.
(b) No recreational vehicles may be parked in required parking
spaces but may be stored in areas that are specifically
designed for the storage of recreational vehicles. Such
recreational vehicle storage areas shall be buffered from
adjacent rights-of-way and with a Type "C" buffer.
(42) Multi -slip Dock. One (1) parking space per three (3) slips.
(43) Nurseries or greenhouses. One (1) space per one hundred fifty
(150) square feet of gross floor area of enclosed buildings
where merchandise is displayed or where transactions occur.
Pole barns, mist houses, shade houses, and accessory structures
shall not be included for purposes of determining parking
requirements.
(44) Nursery schools, kindergartens, and child care facilities. One
and one-half (1 1/2) spaces per staff person (total number)
required for the licensed capacity of the facility pursuant to
local or state agency staff ratio requirements.
(45) Packing House. One (1) space per five hundred (500) square feet
of gross floor area for the first thirty thousand (30,000)
square feet of building area and one (1) space per one thousand
(1,000) square feet after the first thirty thousand (30,000)
square feet. Up to thirty percent (30%) of the parking for the
packing house may be fully sodded or otherwise stabilized as
approved by the public works director
(a) Tractor trailer spaces, having a minimum dimension of 14'
X 30' shall be provided at a rate of one (1) space per two
thousand (2,000) square feet of gross floor area.
(b) Other associated uses within the packing house facility or
complex shall require parking as follows:
623
(1) retail sales: One (1) space per two hundred (200)
square feet of gross floor area;
(2) office, administration, marketing: one (1) space per
three hundred (300) square feet of gross floor area.
(46) Private club or country club.
(a) One (1) space per three hundred (300) square feet of gross
floor area, plus the required parking area for each
associated structure or use creating user parking demand.
(b) Private clubs located within residential projects serving
primarily on-site users are required to provide one (1)
space per three hundred (300) square feet of gross floor
area, plus the required parking area for each associated
structure or use creating user parking demand. Up to
twenty-five percent (25%) may be fully sodded or otherwise
stabilized as approved by the public works director.
(47) Professional and general offices. One (1) space per three
hundred (300) square feet of gross building area.
(48) Public parks or private commercially operated recreational
complexes and associated structures not including stadiums.
Two (2) spaces per gross acre for each acre of open space
generating user parking demand, plus one (1) space per one
hundred (100) square feet of gross floor area for associated
support buildings, plus the required number of spaces for each
recreational use specified in chapter 954. Up to 50% of the
required spaces may be fully sodded or otherwise stabilized as
approved by the public works director.
(49) Racquetball and Tennis Courts.
(a) Open to the public: three (3) spaces per court;
(b) Private: two (2) spaces per court;
(c) With spectator seating: two (2) spaces per court plus one
(1) space per three (3) seats. Spectator seating parking
spaces may be fully sodded or otherwise stabilized as
approved by the public works director.
(50) Radio towers. Two (2) spaces per tower. Spaces may be fully
sodded or otherwise stabilized as approved by the public works
director.
(51) Restaurants or bars. One and one-half (1 1/2) spaces per one
hundred (100) square feet of gross floor area.
(52) Rooming and boarding houses, or dormitories. Two (2) spaces
plus one (1) space per two (2) beds.
624
(53) Schools.
(a) Colleges, universities, and technical/vocational schools.
One (1) space per two (2) seats of classroom seating
capacity.
High schools. Twelve (12) spaces for each classroom plus
one (1) space per each teaching, administrative or staff
position.
Junior high and elementary schools. Two and one half (2
1/2) spaces per each classroom, plus one (1) space per each
teaching, administrative or staff position.
Business schools. One (1) space for each two (2) seats of
classroom capacity, plus one (1) space per each teaching,
administrative or staff position.
(54) Sewer and Water Plants (major utility uses). A minimum of five
(5) spaces of which two (2) shall be paved; the remaining spaces
may be fully sodded or otherwise stabilized as approved by the
public works director.
(55) Shopping Centers greater than 100,000 square feet: For all uses
one (1) space per 200 square feet of gross floor area is
required. Other independent "stand alone" uses (e.g. a large
restaurant) will require parking to be provided for those uses
as specified in this subsection.
(56) Single family dwellings and duplexes. Two (2) spaces for each
dwelling unit; single family dwellings and duplexes shall be
exempted from all other requirements in sub -section 954.07(4)
and 954.10. Uncovered parking spaces shall be exempted from
the front yard setback requirements.
(57) Skating rinks. One (1) space per two hundred (200) square feet
of gross floor area. The design shall provide for a customer
drop off area.
(58) Shuffleboard courts. Four (4) spaces per five (5) courts.
(59) Stadiums: One (1) space per three (3) seats of the seating
capacity.
(60) Swimming pools. One (1) space per 170 square feet of pool area.
(61) Theaters.
(a)
(b)
Single theaters. One (1) space per three (3) seats.
Multi-piex theaters. One (1) space per four (4) seats.
Theaters located within shopping centers having 25,000
square feet or more of floor area and a minimum of 125
common parking spaces shall provide parking according to
the following standards:
625
Gross Retail Area
25,000 - 49,999 sq. ft.
50,000 - 79,999 sq. ft.
80,000 - 99,999 sq. ft.
100,000 sq. ft. and over
Parking Standard
1 space per 5
1 space per 6
1 space per 7
1 space per 8
seats
seats
seats
seats
(62) Veterinary hospitals or boarding kennels. One (1) space per
three hundred (300) square feet of gross building area excluding
animal runs.
(63) Other uses. Off-street parking requirements for any use not
specifically mentioned in this section shall be the same as for
the most similar use listed. The most similar use will be
determined by the community development director. If an
applicant for approval of a use not specifically listed in
954.05 does not agree that the community development director's
determination of the most similar use listed accurately reflects
the parking demand of his use, the applicant may at his expense
prepare a parking study in accordance with section 954.08.
Section 954.06 Parking Standards: Bicycles
(1) General Commercial uses having over 20,000 square feet of gross
building area shall provide one bicycle parking space per thirty
(30) required automotive vehicle parking spaces. A minimum of
seven (7) bicycle parking spaces shall be provided for any
project having over 20,000 square feet of general commercial
gross building area. No more than one hundred (100) bicycle
spaces shall be required for any single facility.
(2) Bicycle parking spaces shall consist of a rack or other facility
that shall:
(a) Be designed to allow each bicycle to be supported by its
frame.
(b) Be designed to allow the frame and wheels of each bicycle
to be secured against theft.
(c) Be designed to avoid damage to the bicycles.
(d) Be anchored to resist removal and solidly constructed to
resist damage by rust, corrosion, and vandalism.
(e) Accommodate a range of bicycle shapes and sizes and to
facilitate easy locking without interfering with adjacent
bicycles.
(f)
(g)
Be located to prevent damage to bicycles by cars.
Be consistent with the surroundings in color and design
and be incorporated whenever possible into building or
street furniture design.
626
(h) Be located in convenient, highly -visible, active, well -
lighted areas.
(i) Be located so as not to interfere with pedestrian
movements.
(j) Be located as near the principal entrance of the building
as practicable.
(k) Be located so as to conveniently access the pedestrian
system.
Section 954.07 Dimensional Standards and Design Criteria:
(1) Minimum Standards. The minimum dimensions for standard parking
spaces shall be as delineated in table A. Table A also sets the
required minimum aisle widths and module widths.
Table A - Parking Space Dimensions
Angle Stall Stall Stall Aisle Modules Modules
Width Depth Depth Width Interlock Wall to
to Wall to to Wall
Interlock Interlock
45 9.0' 19.5' 16.5' 12' 45' 51'
9.5' 19.5 16.5' 12' 45' 51'
60 9.0' 20.5' 18.5' 16' 53' 57'
9.5' 20.5' 18.5' 16' 53' 57'
75 9.0' 20' 19' 20' 58' 60'
9.5' 20' 19' 20' 58' 60'
90 9.0' 18.5' 18.5' 25' 62' 62'
9.5' 18.5' 18.5' 23.5' 60.5' 60.5'
10' 18.5' 18.5' 22' 59' 59'
1* A minimum aisle width of 22' is required for two way traffic.
2* Stall depth may be decreased by one (1) foot when stalls are
designed to have bumpers overhang into landscaped areas.
Landscape materials shall not conflict with the overhang area,
nor shall the overhang area conflict with adequate provisions
for meeting landscaping requirements.
3* Parking stalls shall be measured from the edge of the pavement
to the top of the stall on the same angle as stripe. The width
of the stalls shall be measured from the center of a stripe to
the center of the next stripe. The measurement shall be taken
perpendicular to the stripes.
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E- C -->
A
i-B—
mex.
A. Depicts how minimum stall width is measured.
B. Depicts how minimum aisle width is measured.
C. Depicts how minimum corridor space depth is measured.
D. Depicts how minimum stall depth is measured.
E. Depicts how minimum stall width at aisle is measured.
F. Depicts how minimum wall to wall module is measured.
G. Depicts how minimum interlocking module is measured.
(2) Standards for handicap spaces.
(3)
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3a
(a) Handicap parking spaces shall be provided in all non-
residential use projects frequented by the public.
(b) Handicap parking spaces shall be located adjacent to or as
close as practical to the main and/or secondary entrances.
Ramps and/or sidewalks shall be provided and conveniently
located in relationship to the handicap parking spaces.
Accessways and ramps to the building may be shared.
(c) The number of handicap parking spaces shall be as required
by the Standard Building Code.
(d) Where handicapped parking is required, each space so
designated shall have a minimum width of not less than
twelve (12) feet and be accompanied by an access and/or
ramp (at least 5' wide) to the building, in accordance with
the requirements of the Building Code and Department of
Community Affairs regulations.
(e) All handicap spaces must be clearly identified and marked
as required by the Florida Department of Transportation
and the Manual on Uniform Traffic Control Devices.
Standards for Compact Spaces
(a) Up to twenty percent (20%) of the required parking for any
site may be provided as compact spaces.
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(b) Compact spaces shall be located so as to minimize hazardous
parking or maneuvering situations if improperly used by
larger vehicles.
(c) Compact spaces shall have a maximum stall length of
seventeen (17) feet, a minimum width of eight (8) feet,
and a minimum stall length of fifteen (15) feet.
(4) General Parking Lot Design Criteria
(a) All required parking spaces, dumpster spaces, loading
areas, and other vehicular areas shall be identified and
marked in conformance with the standards of the Manual of
Uniform Traffic Control Devices (MUTCD) and the Federal
Highway Administration (FHWA) guidelines. For fully sodded
or stabilized parking areas that are not paved, the public
works director shall require applicable marking and signing
standards.
(b) Parking areas shall have no driveway aisle(s) which dead
ends without a backing apron which has a minimum depth of
five (5) feet.
(c) Pedestrian movement: Separation of vehicular and
pedestrian traffic. Parking and loading areas, as well as
driveways and other vehicular circulation areas, shall be
clearly identified and separated from principal pedestrian
routes along buildings and at pedestrian crossings through
the use of curbs, pavement markings, planting areas, fences
or similar features designed to promote pedestrian safety.
(d) All parking spaces shall be equipped with tire stops
permanently affixed to the surface except when six-inch
curbing or the equivalent is installed.
1. Grassed Spaces: Where fully sodded spaces are
approved, the applicant may use concrete, railroad
ties, or other equivalent material as approved by the
Traffic Engineer as tire stops.
2. Tire Stop Waiver: Upon
applicant, the public works
directors may waive the
requirement for certain
determination that:
request by a site plan
and community development
tire stop and curbing
parking spaces upon a
a. The waiver would not allow vehicles to encroach
upon landscape or pedestrian areas (such areas
shall be protected by tire stops, curbing, or
the equivalent);
b. The waiver would not allow vehicles to abut or
"head into" one another in any fashion other than
bumper to bumper [any bumper to fender (or side)
parking configurations shall require tire stops,
curbing, or the equivalent;]
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c. The waiver would not apply to spaces accessed
from driveways that serve as circulation
driveways which channel traffic around or through
the site or parking lot area; and
d. The site plan parking area and traffic
circulation design provide circulation driveways,
as needed, to adequately channelize traffic flow.
Conditions including but not limited to driveway
curbing, signage and/or pavement markings, or
periodic placement of barriers or increased
protected landscaped areas and landscape
improvements that are designed to promote good
traffic circulation may be attached to any waiver
granted. All pavement markings shall be done in
accordance with 954.06(4)(a).
the stop wslvsr
sysllebls
(e) Lighting of off-street parking, loading areas, and
entrances. If off-street parking, loading areas or
entrances are artificially lighted, they shall be so
designed and arranged such that no source of lighting is
visible from any adjoining or nearby property used or zoned
for residential purposes and so designed and arranged as
to shield drivers of vehicles using public roadways and
users of adjacent properties from direct lighting and
glare.
tire stops required
(5) Entries, exits, driveways and maneuvering areas.
(a) Except for single-family residential dwellings and two -
unit (duplex) projects, all parking access shall be
designed so as to prevent the need to back directly onto
a local public road right-of-way.
(b) No use will be permitted to have parking spaces which
require vehicles to back directly onto a collector or
arterial roadway as designated on the County Thoroughfare
Plan, unless otherwise exempted under 954.07.
(c) All uses which are required to provide three or more off-
street parking spaces shall have entry and exitway driving
aisles in accordance with Section 954.07(1). Traffic
direction markers shall be installed at all intersections
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as designated by the traffic engineer. Drives and
maneuvering areas shall provide proper turning radii to
permit convenient maneuvering of cars and service vehicles
into and out of each parking lot area, parking space and
loading space. No parking or loading space shall interfere
with access to any other parking or loading space, or with
any pedestrian walkway.
(d) Access points to public or private streets shall be kept
to a minimum. The width of any undivided driveway shall
not be in excess of twenty-four (24) feet, unless said
requirement is waived by the County Traffic Engineer and
the County Community Development Director.
1. The distance to any street intersection shall be no
less than thirty (30) feet (from the edge of the
right-of-way to the edge of the driveway apron
pavement), unless said requirements are waived by the
County Traffic Engineer and the County Community
Development Director.
(e) Exclusive access drive: Commercial sites having 50,000
square feet of gross floor area or more shall provide for
an exclusive access drive (not including service drives)
at the primary entrance of the development and at all
points of ingress and egress located on a collector or
arterial roadway. Said drive shall be used for providing
access to all parking aisles and shall not directly access
individual parking spaces.
Section 954.08 Special Parking Regulations and Arrangements
(1) Cross Parking Agreement (physically shared)
(A) A site may utilize parking spaces of an abutting property
provided that the abutting property has excess parking
spaces as compared to the applicable standards set forth
in Section 954.05, and the site being developed provides
on-site a minimum of fifty percent (50%) of its required
parking spaces.
1. A cross access easement agreement must be executed by
all parties having a legal interest in the property(s)
covered. Said agreement shall be provided at the time
of site plan application for the properties affected.
2. The easement agreement shall provide for perpetual
access and use of the abutting property's parking
spaces and driving aisles.
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3. The easement agreement must be approved as to
substance by the Community Development Director.
4. The easement agreement must be approved as to legal
form and sufficiency by the County Attorney's Office.
5. The easement agreement must be recorded in the public
records prior to release of the project site plan or,
in cases where no site plan approval is applicable,
prior to issuance of a building permit or certificate
of occupancy if no building permit is to be issued.
(2) Non -concurrent parking (shared over time) study. The required
amount of parking for a project may be reduced from the
requirements of section 954.05, as specified herein, upon
submittal and review of the following information, a
determination by the traffic engineer and community development
director that the standards specified herein have been met, and
approval by the Planning and Zoning Commission.
(a) A parking accumulation study must be prepared by a
registered engineer and submitted with the site plan
application. The study must be signed and sealed by a
professional engineer.
(b) A pre -study meeting is required between the petitioner's
engineer and the county traffic engineer to set forth the
parameters of the study (number of days, hours of the day,
site(s) to be studied).
(c) All parking studies at a minimum shall:
1. cover at least a 3 day period;
2. a. proposed projects: cover at least 3 sites having
a similar mix of uses and design characteristics
as the proposed use;
b. existing projects: may use one site, being the
existing site.
3. record occupied parking spaces within the study area
at 15 minute increments;
4. record the information on sketch;
5. summarize the information for each day of the study
and compile the information for analysis; and
6. factor in a peak season demand;
7. include an analysis section that derives a total
parking demand number and compares that number plus
the 15% safety factor referenced in (d) below with
the standard rate total parking requirement;
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8. include a conclusions section which, based upon the
date and analysis, proposes a reduced total parking
number, if warranted.
(d) Fifteen per cent (15%) of the highest 15 minute
accumulation period must be added to the maximum number of
spaces occupied during the highest 15 minute period.
(e) The signed and sealed parking accumulation study shall be
reviewed by the County Traffic Engineer and the Community
Development Director. The petition and the recommendations
of the county traffic engineer and community development
director will then be forwarded to the Planning and Zoning
Commission for final action. Any appeal shall be handled
the same as a site plan appeal pursuant to chapter 902.
No Similar Use Study. For uses which are not listed in section
954.05 of this chapter and where the applicant so desires, the
applicant may conduct a parking accumulation study to determine
a parking standard for the subject use. The parking standard
for the subject use will be determined after submittal and
review of the following information, a determination by the
traffic engineer and community development director that the
standards specified herein have been met, and approval by the
planning and zoning commission.
(a) A parking accumulation study must be prepared by a
registered engineer and submitted with a site plan
application. The study must be signed and sealed by a
professional engineer.
(b) A pre -study meeting is required between the petitioner's
engineer and the county traffic engineer to set forth the
parameters of the study (number of days, hours of the day,
site(s) to be studied).
(c) The site(s) to be studied must be occupied by uses similar
to the uses proposed by the applicant.
(d) All parking studies at a minimum shall:
1. cover at least a three (3) day period;
2. cover at least 3 site(s) having a similar mix of uses
and design characteristics as the proposed use;
3. record occupied parking spaces within the study area
at 15 minute increments;
4. record the information on a sketch;
5. summarize the information for each day of the study
and compile the information for analysis;
633
6. factor in a peak season demand;
7. include an analysis section that states the parking
demand number for each use on each site, along with
the average parking demand number for each use studied
(all sites). Said numbers shall include the 15%
safety factor in (d) below;
8. include a conditions section which, based upon the
data and analysis, proposes a standard parking rate
(a certain number of spaces per a certain number of
square feet gross building area) for a particular use
category.
(e) Fifteen per cent (15%) of the highest 15 minute
accumulation period must be added to the maximum number of
spaces occupied during the highest 15 minute period.
The signed and sealed parking accumulation study will be
reviewed and approved by the County Traffic Engineer and
the community development director. The petition will then
be forwarded to the planning and zoning commission for
final action. Any appeal shall be handled the same as a
site plan appeal pursuant to chapter 902.
(4) Non -Paved Parking. Fully sodded or otherwise stabilized parking
may be permitted for certain areas as specified in Section
954.05, and also for projects subject to infrequent use such as
sites having the weekly use characteristics of churches upon
review and approval by the Planning and Zoning Commission.
(a) The following shall be submitted by the project applicant
to evaluate the use and adequacy of the unpaved "infrequent
use" parking surface.
1. A topographic survey of the project site.
2. The intended use of the site including frequency of
parking and type of vehicle(s) anticipated to use the
site.
(f)
3. The location of the ground water table during the
wettest season of the year.
4. A soil profile to at least a depth of six (6) feet
taken at a minimum of two (2) locations.
5. A maintenance program outlined for the parking area.
6. A typical section of the parking lot area, which
depicts solid sod or other proposed cover material on
a stable load bearing type subgrade.
7. A complete drainage plan for the site.
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(5)
Each request shall be subject to approval by the Indian
River County Planning and Zoning Commission pursuant to
site plan approval.
(b) The following standards shall be satisfied prior to the
approval of non -paved parking spaces.
1. The materials cross-section and load-bearing
capabilities in relation to the intended use shall be
approved by the County Engineer.
2. Where used in conjunction with paved spaces, the non -
paved spaces shall be located so as to be used less
often than the paved spaces.
3. For all uses except infrequent uses, non -paved parking
spaces shall be directly accessed from a paved driving
aisle.
Tree Preservation Credit. The number of required parking spaces
for a given site may be reduced where a protected tree(s) on a
given site, as defined in Chapter 927, is preserved within the
proposed parking area. The reduction of the number of spaces
per tree saved shall be based upon the size, type and location
of the subject tree. The recommendation of the environmental
planning staff and urban forester shall be considered to
determine the area required to preserve the subject tree. To
receive a parking standard reduction based upon tree
preservation:
(a) the project's off-street parking area shall contain a
minimum of ten (10) parking spaces;
(b) the applicant shall agree to replace each protected tree
with a parking space or spaces commensurate with the
applicable space reduction in the event of the death or
removal of such trees used for parking space reduction;
(c) at a minimum an area equal to half of the tree's dripline
shall be preserved as open space area around the tree(s)
to help ensure tree survival;
The Planning and Zoning Commission shall review and approve,
approve with conditions or deny all parking space reductions
proposals based upon the protection of trees.
Section 954.09 Off -Street Loading Regulations:
Off-street loading regulations. These requirements shall apply to
all commercial and industrial uses.
(1) A minimum number of loading spaces or berths shall be provided
and maintained as follows:
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Building(s) Size in Sq. ft. No. of Spaces/Berths
Over 5,000 but not over 24,999 Restaurants & Industrial: 1
25,000 59,999 Industrial & Commercial: 2
60,000 119,999 Industrial & Commercial: 3
120,000 199,999 Industrial & Commercial: 4
Over 200,000 Industrial & Commercial: 5
Note: packing houses shall provide loading spaces as specified in
section 954.05, also convalescent homes shall provide a loading space
as specified in section 954.05.
(2) Loading spaces or berths shall have minimum dimensions of
fourteen (14) feet by thirty (30) feet, plus each space or berth
shall have an additional two hundred and fifty (250) square feet
of loading or maneuvering area immediately contiguous to the
space or berth.
(3)
Any facility required to have loading facilities may be
permitted to have a driveway of a width adequate to handle the
size of the delivery vehicles. The width of the driveway is to
be approved by the traffic engineer.
(4) Service alleys or driveways shall have minimum width of twenty
(20) feet.
Section 954.10 Construction Standards
Off-street parking pavement types. Off-street parking areas shall
oe constructed of one of the following pavement types:
(1) Flexible pavement consisting of a subgrade, base course, and
asphalt surface course to be constructed in accordance with the
following a. through e.:
(a) A six -inch -thick homogenous subgrade mixed and stabilized
to a Florida bearing value (FBV) of fifty (50) psi minimum
and compacted to a minimum of ninety-eight (98) per cent
of maximum density (AASHTO T-180).
(b) A six -inch -thick limerock or cemented coquina base
compacted to a ninety-eight (98) per cent maximum density
(AASHTO T-180) or a six -inch -thick soil -cement base having
a minimum seven (7) day compressive strength of three
hundred (300) psi and compacted to ninety-eight (98) per
cent maximum density (using ASSHTO T-280-).
(c) A D.O.T.-approved bituminous prime coat of grade RS -70 or
RC -250 applied from ten -hundredths to thirty-five
hundredths of a gallon per square yard.
(d) A compacted one -inch -thick D.O.T. Type II asphaltic
concrete surface course.
(e) Testing of the above flexible pavement construction shall
be by an independent testing laboratory approved by the
636
county engineer. The number of modified proctor (AASHTO
T-180) tests for subgrade and/or base work shall be one
for each material type. At least two (2) FBV tests or one
per ten thousand (10,000) square feet of pavement,
whichever is greater, is required. At least one in-place
density test for every ten thousand (10,000) square feet.
of pavement using ASTM D2167 (rubber balloon method), sand
cone method, ASTM 2922 (nuclear method), or other method
as approved by the county engineer is required for both
subgrade and base course construction. A minimum of two
(2) in-place density tests are required regardless of size
of pavement areas. Soil -cement testing shall be as per
Florida Department of Transportation Specifications.
(2) Rigid (concrete) pavement consisting of the following a. and
b.:
(3)
(a) A six-inch thick subgrade stabilized to a Florida bearing
value of fifty (50) psi minimum and compacted to a minimum
of ninety-eight (98) per cent maximum density using AASHTO
T-180. Testing shall be as for flexible pavement above.
(b) For nonindustrial use, a four and one half -inch -thick
nonreinforced concrete pavement. For industrial and
frequent truck use, a minimum six -inch -thick nonreinforced
concrete pavement. Design thickness for heavy equipment
use shall be in accordance with the Portland cement
Association recommendations. Calculations shall be
submitted to the county engineer with the request for rigid
pavement design showing the structural adequacy of the
design and the design life of the project. All concrete
to be three thousand (3,000) psi in twenty-eight (28) days
(AASHTO T023). All materials, longitudinal, transverse and
construction joint location, material placement, and
finishing shall be as recommended by the Portland cement
Association and the Concrete Promotional Council of
Florida. At least three (3) compressive strength cylinder
samples shall be taken for every ten thousand (10,000)
square feet of pavement, or five (5) per job; whichever is
greater shall apply. Slump shall be two (2) to four (4)
inches (AASHTO T-119). Compressive strength shall be
reported for seven (7), fourteen (14) and twenty-eight (28)
days after placement.
Proposed construction standards which deviate from section
954.09(1) or (2) may be approved by the County Engineer, if in
his or her opinion the construction standards are suitable for
the proposed use pursuant to generally accepted standards.
Paving stone, block or similar type construction shall be
allowed subject to approval by the county engineer.
Driveway aprons constructed in the county right-of-way where a
paved county road exists and connects developments proposed for
site plan approval shall be of the flexible pavement or rigid
637
pavement design, as specified in 954.09(1) and 954.09(2) above,
and shall be constructed only after receipt of and Indian River
County Department of Public Works permit.
(6) All construction within the county right-of-way and as referred
to in this section shall be to Florida Department of
Transportation standard specifications, latest edition, as
modified by the conditions of the Department of Public Works
Right -of -Way Permit.
(7)
As reference guides for minimum standards applicable to pavement
geometrics and construction standards the Florida Department
Transportation Flexible Pavement Design Manual latest revision,
or The American Association of State Highway and Transportation
Officials Guide to the Design of Pavement Structures shall be
used. The methodology defined in the American Association of
State Highway and Transportation Officials Guide to the Design
of Pavement Structures shall be used in developing these
features.
\u\c\ldr\954
638
CHAPTER 955
MOVING OF STRUCTURES
Sec. 955.01 Title
Sec. 955.02 Purpose & Intent
Sec. 955.03 Applicability
Sec. 955.04 Definitions
Sec. 955.05 Moving of Structures
Section 955.01 Title
This chapter, the terms and provisions contained herein, shall be
known as the "Moving of Structures Ordinance" of Indian River County,
Florida.
Section 955.02 Purpose and Intent
It is the purpose and intent of this chapter to provide moving of
structures regulations necessary to maintain the public health,
safety and welfare of the citizens of Indian River County.
Section 955.03 Applicability
The requirements set forth in this chapter shall be applicable to
the unincorporated area of Indian River County.
Section 955.04 Definitions
The definitions used in this section are included in Chapter 901.
Section 955.05 Moving of Structures
No building or structure larger than one hundred and fifty (150)
square feet shall be moved into the county or from one lot or parcel
to another within the county unless such building or structure is
made to conform to all of the applicable requirements of the building
code in effect in the County at the time of the moving and to the
requirements of the zoning district in which the building or
structure is to be placed.
(1) Performance bond. Any person applying for a permit to move a
building or structure must post a bond or other security
acceptable to the county attorney in an amount equal to one
hundred fifteen (115) percent of the cost of improvements
required to bring the building or structure into compliance with
applicable county regulations. Such bond or security must be
deposited with the clerk of the Board of County Commissioners,
639
payable to the order of the Board of County Commissioners of
Indian River County, Florida.
The purpose of the bond or other security is to guarantee
compliance in full within one year with the applicable
requirements of the building code and of the land development
regulations and to restore any public or private property
damaged while the building or structure is being moved. Failure
to fully comply within one year, will result in forfeiture of
the bond to the Board of County Commissioners of Indian River
County, Florida.
(2) Requisite drawings and specifications. All applicants for a
permit to move an existing structure are required to furnish
the Community Development Director the following information
and comply with all the requirements of the county's
Administrative Approval procedures outlined in the Chapter 914,
Site Plan:
(a) three sets of drawings, said drawings to be prepared and
sealed by an architect or engineer (whichever is
appropriate as specified in the Building Code) registered
in the State of Florida certifying that the structure meets
all requirements as above outlined; or
(b) three sets of drawings to be prepared and sealed by an
architect or engineer (whichever is appropriate as
specified in the Building Code) registered in the State of
Florida, showing the proposed changes to the building or
structure that will bring it within all applicable
requirements of the building code and the land development
regulations.
u\v\ldr\movstruc
640
Chapter 956
Sign Regulations
Sec. 956.01 Short Title; Purpose and Intent
Sec. 956.02 Definitions Referenced
Sec. 956.03 Sign Regulating Procedures
Sec. 956.04 Administration of Sign Permits and Fees
Sec. 956.05 Sign Permit Applications
Sec. 956.06 Review of Sign Permit Application/Administration
Permit
Sec. 956.07 Reserved
Sec. 956.08 Building Permit for Signs
Sec. 956.09 Field Inspection of Freestanding Sign Prior to
Pouring of Footers
Sec. 956.10 Revocation of Permits
Sec. 956.11 Exemption to Permitting Procedures
Sec. 956.12 Prohibited Signs
Sec. 956.13 Reserved
Sec. 956.14 General Sign Regulations
Sec. 956.15 Regulations for Temporary Signs Requiring Permits
Sec. 956.16 Regulations for Permanent Identification Signs
Requiring Permits
Sec. 956.17 Nonconforming Signs
Sec. 956.18 Removal of Prohibited or Unlawful Signs
Sec. 956.01 Short Title; Purpose and Intent.
This chapter shall be known and may be cited as the Indian River
County Sign Ordinance.
It is the intent of this chapter to promote and protect the public
health, safety, general welfare, and aesthetics of Indian River
County, Florida, by regulating and limiting the existing and proposed
posting, display, erection, use and maintenance of signs, billboards,
and other advertising structures within the county.
With respect to signs advertising business uses, it is specifically
intended, among other objectives, to avoid excessive proliferation
and clutter among sign displays competing for public attention.
Therefore, the display of signs should be appropriate to the land,
building or use to which they are appurtenant and be adequate, but
not excessive, for the intended purpose of identification.
Furthermore, it is determined that the signs of least value to people
within the county are those which carry commercial messages other
than advertisement of any product, service, event, person, real
estate, institution, or business located on the premises where the
641
sign is located. However, it is realized that a restricted number of
off -premise directional signs are needed to convey information to the
public.
It is further intended to protect property values, create a more
attractive economic and business climate, enhance and protect the
physical appearance of the county, preserve the scenic and natural
beauty of the county and provide a more enjoyable and pleasing
community. Also, it is intended hereby to improve vehicular and
pedestrian safety, curb the deterioration of natural beauty, and
reduce visual pollution.
These objectives are consistent with the Indian River County
Comprehensive Plan and are vital to continued growth in the area's
tourist industry which aggressively markets the county's high
"quality of life" and "scenic beauty". To this end, the sign
ordinance equitably allocates commercial and noncommercial signage
and reduces the likelihood of future clutter along the county's
transportation corridors.
Sec. 956.02 Definitions Referenced.
The definitions of certain terms used in this chapter are set forth
in Chapter 901, Definitions, of the Indian River County Land
Development Code.
Sec. 956.03 Sign Regulation Procedures.
All signs erected, replaced, or relocated on any property shall
conform with the provisions of this chapter and with all other
applicable regulations of Indian River County. Any sign which could
fall into more than one category of signs shall be classified within
the most restrictive category possible.
Sec. 956.04 Administration of Sign Permit Application Fees.
The Code Enforcement Official is responsible for administering sign
applications. Applicants for sign permits shall submit to the Code
Enforcement Official permit applications with applicable fees
covering review for administrative compliance and review of
structural components. The format of the application shall be as
provided by the Code Enforcement Official. The fee schedule for the
administrative review and the subsequent review of structural
components of the sign shall be determined by resolution of the Board
of County Commissioners.
Sec. 956.05 Sign Permit Applications.
The application for a sign permit shall contain the following
information:
(1) Three (3) copies of a narrative statement indicating the
following (The narrative statement may be submitted as part
of the drawings):
642
(a) Name, street address, legal description of
property, and telephone number of the sign
erector and the sign owner.
(b) Written statement signed by the landowner, or
authorized agent or the lease or rental
agreement, authorizing the placement of the
proposed sign.
(c) Type of sign proposed and purpose.
(d) Description of sign copy, dimensions and
specifications of the sign, including method of
construction, installation, support, and details
of the method and specifications for illumination
if applicable.
(e) Zoning and Comprehensive Plan Future Land Use
designation for the subject property.
(f) The required and proposed sign area, height, and
setback from adjacent rights-of-way, property
lines, and street intersections.
(2) Three (3) copies of scaled drawings indicating the
following:
(a) Proposed location of the sign on the subject
property, including the position of the sign in
relation to lot lines, nearby buildings or
structures, sidewalks, streets, rights-of-way,
easements, and intersections.
(b) Dimensions and area of sign and copy. Sign colors
shall be specified to ensure the sign does not
replicate features of public safety signs or
otherwise unduly distract motorists.
(c) Construction drawings indicating structural
specifications for materials to be used,
structural components, and method of
installation. The specifications shall show
dimensions, elevations, means of support, method
of illumination and any other significant aspect
of the proposed sign required to demonstrate
compliance with this chapter and the Standard
Building Code. A foundation/survey shall be
submitted for all permanent freestanding signs.
(3) Electrical plans specifications, if applicable, are
required for said sign.
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Sec. 956.06 Review of Sign Permit Application/Administration.
The Code Enforcement Official shall review each permit application
to ensure that it complies with the requirements of this chapter. No
permit shall be required for a change of copy on a changeable copy
sign or the repainting of a sign for which a sign permit has been
issued.
If the application is found to be incomplete or otherwise
inconsistent with this chapter, the applicant shall be notified
within five (5) working days from the date received. Applications
found to be consistent with the provisions of this chapter shall
receive an administrative zoning permit and shall subsequently be
reviewed for compliance with the Standard Building Code.
Sec. 956.07 Reserved.
Sec. 956.08 Building Permits for Signs.
In addition to an administrative zoning permit, a building permit is
required to ensure compliance with the Standard Building Code and
National Electrical Code, as applicable. The application described
in Section 956.05 shall be accepted as a joint application for both
an administrative zoning permit and a building permit.
No sign shall be issued a building permit until it is determined that
the structural plans for the sign are consistent with this chapter
and applicable provisions of the Standard Building Code.
Sec. 956.09 Field Inspections of Freestanding Signs
Prior to Pouring of Footers.
No footings for a freestanding sign shall be poured until structural
components have been approved by the Building Official.
Sec. 956.10 Revocation of Permits.
The Code Enforcement Official may revoke a permit or approval issued
under this chapter, if, after notice to the applicant, it is found
that there has been any intentional or unintential false statement,
concealment or misrepresentation concerning any fact submitted in the
application or plans on which the permit approval was based. A permit
may also be revoked upon failure of the permit holder to comply with
any provision of this chapter, or a permit issued under a mutual
mistake of fact.
Sec. 956.11 Exemptions to Permitting Procedures.
(1) Provisions regulating exempted signs. The following types
of signs do not require a permit provided the sign shall:
comply with applicable requirements in the zoning district
where placed; comply with other provisions in this
subsection; and be consistent with the spirit, intent and
purpose of this chapter. All sign copy shall
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be considered exempt from the provisions of this chapter.
This chapter shall not apply when state or federal
regulation requires other specific posting standards.
(2) Signs Exempted From Permitting Procedure.
(a) Identification signs. Exempted signage shall
include signs identifying only the name and/or
address of the owners, occupants or buildings
and having an area not exceeding two (2) square
feet for a single family residential structure
or four (4) square feet for a multiple family,
non-residential, or mixed use structure.
(b) Traffic regulatory and directional signs. Traffic
regulatory and directional signs erected by
authorized agents of the county, state, federal
government or private development for the public
safety and welfare. Such signs must comply with
all applicable standards of the Manual of Uniform
Traffic Control Devices.
(c) Instructional signs. Instructional signs not to
exceed one (1) square foot for residential uses
and four (4) square feet for non-residential
uses.
(d) Memorial signs.
(e) Window signs. Except in residential zoning
districts, a temporary window sign or signs
having a total area not exceeding twenty (20)
per cent of each window, calculated separately
for each window. Non-profit special event signs
shall be totally exempt and need not be
calculated as part of the twenty (20) percent
area.
(f)
Gasoline and fuel pricing signs. Gasoline and
fuel pricing signs shall be exempt when required
by law to be posted. The size of such signs shall
not exceed the dimensions specified in
appropriate federal regulations.
(g) No smoking signs.
(h) Real estate for sale, lease, or rental signs.
1. Number of Signs. One sign per street
frontage advertising the sale, lease,
rental or exchange of real property or
a business opportunity may be placed
on the property advertised in any
district. One additional sign may be
placed where the street frontage
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exceeds three -hundred (300) linear
feet along a common road right-of-
way.
2. Area requirements. Said signs shall
not exceed four (4) square feet for
single family residential uses, six
(6) square feet for multiple family or
institutional uses, and sixteen (16)
square feet for commercial or
industrial sites.
3. Required setbacks. Said signs shall be
located outside rights-of-way within
the applicant's property lines and
shall have a ten (10) foot setback
from all other adjacent property
lines, excepting adjacent road rights-
of-way from which no setback is
required.
4. Height requirements. Residential or
institutional real estate signs shall
not exceed five (5) feet in height.
Commercial or industrial real estate
signs or allowable real estate
directory signs shall not be placed
within the road right-of-way, and
shall not exceed the height
restrictions as set forth in Table 1
of this chapter.
5. Restrictions on copy. Real estate for
sale, lease, or rental signs shall
contain only the following or any
combination thereof at the option of
the sign owner:
a. House, apartment, unit,
business, or other short
description of the property.
b. The words "For Sale", "For
Lease", "For Rent", "For
Exchange", "See your
Broker", or similar phrase.
c. The registered name of the
broker and the term
"Broker", "Realtor", or
logo, as the case may be, if
the offer is through an
agent, or the words "By
Owner" if the offer is not
through an agent.
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d. Two (2) telephone numbers
and/or "Inquire Within", or
a similar phrase, and a
room, apartment, or unit
number, if needed.
e. Other pertinent information
relating to the
characteristics of the real
estate.
6. Additional regulations for real estate
open to inspection signs. One on -
premise sign not to exceed four (4)
square feet in area inviting the
inspection of said property in all
zoning districts may be placed in
addition to the sign permitted in
subparagraph 956.11(2)(h)1.
Two (2) additional off -premise open
house signs may be placed per open
house. However, no more than two (2)
such signs may be placed per
intersection. Such signs may be
located within a road right-of-way,
provided the sign is:
a. Located at least eight (8)
feet from any roadway;
b. Constructed as a break away
sign; and
c. No more than three (3) feet
above the crown of the
adjacent road.
All open house signs shall be placed
only when the property is actually
open for inspection and shall only be
displayed between the hours of 6 A.M.
and 5 P.M. Said signs shall be limited
to the words "Open House", "Open For
Inspection", or other similar words or
phrases.
7. General restriction. It shall be
unlawful for any person to place on
any lot, parcel of land, building, or
structure any sign or similar
advertisement offering real estate or
a business opportunity for sale,
exchange, lease, rent, or business
opportunity for sale, exchange, lease,
rent, or inspection, except as
specifically authorized in this
647
chapter, excepting allowable active
subdivision or real estate development
signs approved pursuant to Section
956.15(3) or off -premise directional
signs permitted pursuant to Section
956.16(2)(e) of this chapter. The
provisions of Subsection 956.11(2)
shall not apply to signs at the
principal office or branch office of
any real estate business brokerage
firm. However, such signs are subject
to the sign restrictions applicable
within the zoning district where the
office is located.
8. No Illumination. Real estate For sale,
lease, or Rental signs shall not be
illuminated.
(i) Flags. The flag of the United States of America, flags of
the other nations, states, counties, cities, veteran and
civic organizations, schools and public and non-profit
private institutions.
(j) Non-commercial decorative art. Decorative or architectural
features which are an integral element of a building or
works of art so long a such features do not contain
letters, trademarks, moving parts, exhibit merchandise for
sale on premises, and do not contain lights. Religious
emblems shall be construed as being non-commercial
decorative art and shall be exempt from this chapter.
(k) Holiday signs. Holiday signs for national or religious
holiday observance may be display no sooner than thirty
(30) days before the holiday and must be removed within
ten (10) days after the event.
(1) Garage sale signs. One on -premise garage sale sign per
street frontage may be displayed between the hours of 6
A.M. and 5 P.M. The sign shall not exceed four (4) square
feet. Said signs shall be located outside rights-of-way,
within property lines, and shall maintain a ten (10) foot
setback from all other adjacent property lines, excepting
the road right-of-way from which no setback is required.
One additional off -premise garage sale sign may be erected
per entry into a subdivision or development in which a
garage sale is taking place. No more than one such sign may
be placed at each respective point of entry to a
subdivision or development. Such sign may be located within
a road right-of-way provided the sign is:
648
(m)
1. Located at least eight (8) feet from
any roadway;
2. Constructed as a break away sign;
3. No more than three (3) feet in height
measured from the crown of the
adjacent road;
4. Displayed only during the hours of 6
A.M. to 5 P.M.; and
5. No greater than four (4) square feet.
No on or off premises garage sale signs shall be displayed
for a period exceeding three (3) consecutive days and shall
not be displayed for more than a total of nine (9) days
during a calendar year.
Temporary construction sign. Temporary construction signs
advertising the construction or improvement of the property
upon which such sign is located may be erected upon
issuance of a building permit for the subject project
subject to compliance with the following conditions:
1. Character of sign. A construction sign shall not
exceed a cumulative area of sixteen (16) square
feet, and no more than three (3) such signs per
premises shall be permitted. Such sign(s) shall
not be illuminated. These signs must be located
on the developing premises, at least five (5)
feet from all rights-of-way, and at least twenty
(20) feet from other property lines. Construction
signs are otherwise subject to the regulations
applicable to the district where erected.
Construction signs shall otherwise comply with
provisions of this chapter.
2. Timing of removal. Any construction sign shall
be removed prior to the issuance of a final
certificate of occupancy.
(n) Change of copy.
(o) Right-of-way acquisitions. Signs located within recently
acquired rights-of-way may be relocated without obtaining
a permit.
Sec. 956.12 Prohibited Signs.
(1) The Following signs are prohibited as of the effective date
of this chapter. Such signs have been found to violate the
purpose, intent, and specific provisions of the sign
regulations and shall be removed in accordance with notice
rendered by the Code Enforcement Officer.
649
(a) A sign which falsely simulates emergency
vehicles, traffic control devices, or official
public signs.
(b) Snipe signs, sandwich signs, other portable
signs, and add-on signs.
(c) A sign found by the Code Enforcement Official to
be structurally unsafe or a hazard to public
safety or to life or limb, including signs
creating a fire hazard.
(d) A sign obstructing any motorist's view of a
street or intersection. The minimum allowable
site distance shall be in accordance with county
landscape regulations.
(e) An abandoned off -premise sign; any abandoned,
non -conforming on -premise sign.
(f) A series of two (2) or more signs which must be
read together to obtain a single message.
(g) Flashing signs except for public signs permitted
pursuant to Subsection 956.11(2)(b).
(h) Animated signs, including swinging signs.
(i) A sign which obstructs any fire escape, any
window, or door or other opening used as a means
of ingress or egress so as to prevent free
passage of persons.
(j) Any sign which interferes with openings required
for ventilation.
(1) Banners, flags, or ballons used to attract
attention to industrial, commercial or
residential establishments, excepting flags
pursuant to Sec. 956.11(2)(i).
(m) Any sign placed without a permit after the
effective date of this chapter when a permit is
required.
(n) Signs in violation of Subsection 956.14. If a
sign is prohibited and the sign is a type that
can be brought into conformance with this
chapter, the owner or lessee of the sign can
elect to bring the sign into conformity rather
than remove the sign.
(o) Buildings and/or signs which resemble in
configuration or design a product for sale such
as, but not limited to, hot dogs, hamburgers,
ice-cream cones, shoes or automobiles are
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(p)
prohibited in the unincorporated areas of Indian
River County.
Roof Signs (excepting allowable mansard roof
signs and religious symbols incorporated as part
of the building plan for a steeple or other
similar structural component of a place or
workshop). No sign shall project above a roof
line or deck line for mansard roofs. The portion
of a mansard roof located below the deck line
shall be eligible for placement of a facade sign.
Indian River County is located in a Florida
coastal region confronted with
the annual threat of hurricanes and related
destructive natural events. Therefore, special
limitations against rooftop signs are deemed
within the public interest in order to minimize
future hazard potential.
Sec. 956.13 Reserved.
Sec. 956.14 General Sign Regulations.
No variance shall be granted to Subsections 956.14(1) through
956.14(5).
(1) Construction standards.
a) Compliance with building code. All signs
installed within the county limits shall be
constructed in accordance with the county's
adopted building code.
(b) Compliance with electrical code. All signs using
electrical current shall comply with the County's
adopted electrical code.
(2) Maintenance. All signs shall be maintained by the owner as
follows: the sign must be structurally sound and in good
mechanical repair, free of holes, with no loose or missing
parts. If a sign is found to be structurally unsound or
inconsistent with the approved sign plan, it shall be
repaired, replaced or removed. The Code Enforcement Officer
may order the removal after authorization from the Code
Enforcement Board by and at the expense of the owner or
lessee of any sign that is not properly maintained.
(3) Signs not to constitute a traffic hazard. No signs shall
be placed at any location in the county where it may
interfere with or obstruct free and clear vision for
pedestrians or vehicular movement, or be confused with any
authorized traffic sign, signal or device. Any such sign
shall be removed at the direction of the Code Enforcement
Officer and at the expense of the owner or lessee.
651
(4) Signs not to encroach electrical utility clear zone. No
signs shall be placed closer than eight (8) feet from the
nearest part of any utility pole which supports electrical
transmission lines. No signs shall be placed any closer
than eight (8) feet from the nearest part of any electric
transmission line. If the National Electric Safety Code is
now or hereafter more restrictive than the provisions of
this subsection, its more restrictive provisions shall
supersede the provision herein.
(5)
Illuminated signs.
(a) The light from any illuminated sign or from any
light source shall be shielded and directed away
from abutting properties and shall not impair the
vision of motorists.
No signs except message center signs and time
and temperature signs shall have exposed
fluorescent lighting.
No signs shall use fluorescent paint or be
phosphorescent. No sign shall have exposed neon.
Unexposed neon shall be approved by a testing
laboratory acceptable to the county. No light
sources such as strip lighting or streamers shall
be allowed along roof lines or above the roof.
No sign shall have a light source which exceeds
the following criteria for light intensity.
Reflective vinyl sheeting shall be exempted from
this chapter.
Light Source
Figure 1: Thresholds for Light Intensity
Maximum Light Intensity By Zoning District
ALL RS, RM, RMH,
MED, and CRVP
Zoned Districts
Exposed bulbs 10 watts
All OCR, CN,
and CL Zoned
Districts
30 watts
All A-1, A-2,
A-3, CG, CH,
IL, and IG Zoned
Districts
30 watts
Luminous back- 90 foot lamberts 150 lamberts 200 foot lamberts
ground
Illuminated 50 ft. candles 50 ft. candles 75 foot candles
652
(d) No flashing signs shall be permitted, except time
and temperature signs, public signs and
electronic message centers.
(6) Height of and distance separating signs. No part of any
sign affixed to a building shall exceed the height of the
building to which the sign is affixed. The height of the
building shall be measured exclusive of elevator shafts
and/or air conditioning condensing units and/or cooling
towers. The height of free standing signs is controlled
for respective zoning districts in Section 956.16. Distance
requirements in this section shall be measured from the
nearest part of any sign (or its structure) to the nearest
point of the closest applicable setback line, property
line, roof line, or other applicable restricting line or
point of separation (including distance between signs) or
height limitation.
Sec. 956.15 Regulations for Temporary Signs Requiring Permits.
The signs identified in this subsection shall require issuance of a
permit by the Code Enforcement Official, except as otherwise
specified herein. Prior to the placement of any of the temporary
signs described below in this subsection, all relevant provisions of
this chapter shall be satisfied.
(1) Political signs. Placement of individual political signs
does not require a permit, provided all other provisions
of this chapter are satisfied.
(a) Timing of placement. Political signs may be
displayed no more than thirty (30) days prior to
the election in which the candidate's name or the
issue will appear. Any unopposed candidate in the
first primary who will face opposition in the
following general election may erect temporary
political signs thirty (30) days prior to the
first primary, notwithstanding the fact that the
candidate's name will not appear on the first
primary ballot.
(b) Timing of removal. All political signs shall be
removed from the premises where they were placed
by the candidate, his agent, or the occupant
within five (5) days after the election in which
the candidate is eliminated or elected or after
the resolution of the respective issues by
referendum.
(c) Removal bond required. Prior to the placement of
a political sign, or signs, a bond of $250.00 or
$250.00 in cash shall be posted with the
Community Development Department. The security
may be forfeited in whole or in part to the
county for any the following reasons:
653
1. Failure to remove all signs within the
applicable five (5) day period for
removal;
2. The placement of signs upon any tree,
utility pole, or similar object;
3. The placement of any sign without
permission of the owner of the
property upon which the sign is
placed;
4. Authorizing placement of a sign or
allowing a sign to remain more than
two (2) days after notice to the
political candidate of any political
sign otherwise in violation of this
chapter. The illegal placement of any
political sign advertising a
particular candidate shall be prima
facie evidence that the candidate
placed or authorized the placement of
said sign.
(d) Procedure for waiver of removal bond. Any
candidate may apply for a hearing before the
Board of County Commissioners to show cause why
he or she is unable to post a bond as required
in this section. Upon a showing of good cause,
the Board of County Commissioners may waive the
bond requirement. However, any candidate who
obtains a waiver of the bond requirement shall
not be relieved of the removal requirements
herein and shall be responsible to the county
for the cost of the county's removing any signs
placed in violation of this section.
(e) Zoning districts permitted. Political signs are
permitted in all zoning districts subject to the
8rules set forth below.
(f) Political signs in residential districts.
Political signs in residential districts, as
defined in Chapter 901, definitions, are allowed
subject to the following provisions:
1. One sign not exceeding sixteen (16)
square feet per lot or parcel of land.
2. Signs shall not be illuminated and
shall be free standing.
3. Signs shall be located wholly on the
private property and shall be placed
654
(g)
at least five (5) feet from all
rights-of-way and fifteen (15) feet
from all other property lines, and
shall not exceed five (5) feet in
height.
Political signs in nonresidential districts.
Political signs in all nonresidential zoning
districts are allowed subject to the following
provisions:
1. One sign per candidate or issue is
allowed and not more than two (2)
signs per premises are allowed. The
allowable signage shall not exceed
(16) square feet. These signs shall be
separated by a minimum distance of
fifteen (15) feet.
2. Signs shall not be illuminated.
3. Signs shall be located wholly on the
private property and shall be placed
at least five (5) feet from any right-
of-way and fifteen (15) feet from all
other property lines and shall not
exceed ten (10) feet in height.
(h) Reimbursement for removal expense. Upon issuance
of a permit, the permittee shall agree to
reimburse the county for any and all expenses of
removal incurred by the county over and above
any applicable bond or cash deposit coverage.
Violations. Any violation of the provisions of
this chapter shall be subject to punishment by
a fine not to exceed five hundred dollars ($500) ,
or by imprisonment in the county jail not to
exceed sixty (60) days, or by both such fine and
imprisonment.
(1)
(2) Special event signs. Temporary signs announcing special
events to be sponsored by a charitable, educational, or
religious institution or a commercial entity may be
installed subject to approval by the Code Enforcement
Official, based on a finding of compliance with the
provisions of this section. The Code Enforcement Official
shall approve all special event signs proposed for
locations within a public right-of-way.
(a) Application. The applicant shall submit a written
application on a form to be provided by the Code
Enforcement Official which stipulates the
conditions under which the temporary special
event sign(s) are being requested. The applicant
655
may be required to provide a removal bond
refundable upon compliance with sign removal. In
addition to sign application information required
pursuant to Sec. 956.05, the application should
include the following:
1. Nature of the special event. Include
the location of the special event and
daily schedule of activities.
2. Duration of special event. Include
dates of commencement and termination
of the special event.
3. Sign distribution. Include the
proposed distribution of signage and
such other information as the county
may require to assure consistency with
the spirit, intent, and purpose of
this chapter.
4. Responsible agents. Identify the name
of the sponsoring entity and principal
contacts responsible for erecting and
removing signage.
(b) Duration of sign display restricted. Temporary
special event signs may be erected for a period
not to exceed seven (7) calendar days within any
six-month period.
(c) Compliance with conditions of sign(s) placement
and removal. The applicant shall agree to place
signs in a manner consistent with the terms of
county sign regulations and remove the same
pursuant to the schedule approved as a condition
of permit approved. In addition, the applicant
shall agree to conditions necessary to ensure
that potential issues identified by the county
shall be effectively managed in order to promote
the public safety, avoid excessive proliferation
of signage, and protect the economic and business
climate and appearance of the community.
Temporary active subdivision or real estate development
signs. On -premise active subdivision or real estate
development signs may be erected subject to compliance with
the following conditions in addition to other applicable
provisions of the sign ordinance. These signs are not
subject to Subsection 956.11(2)(h), "Real Estate For Sale,
Lease, or Rental Signs".
(a) Character of sign. Such signs shall not exceed forty-
eight (48) square feet except in single-family
residential districts where they shall not exceed
656
twenty-four (24) square feet for model homes and sales
offices only. One additional sign may be erected on
a site having a street frontage in excess of three
hundred (300) feet. Such sign must be located on the
premises of the developing project or subdivision, at
least five (5) feet from all rights-of-way, and at
least twenty (20) feet from contiguous property lines
of adjacent landowners. These signs may be
illuminated.
(b) Number of signs permitted. Only one such sign
shall be permitted for each common roadway along
the perimeter of the development. Such sign must
be located on the premises of the development,
at least five (5) feet from all rights-of-way,
and at least twenty (20) feet from contiguous
property lines of adjacent landowners. These
signs may be illuminated.
(c) Filing of plat and/or site plan. Prior to the
erection of such a sign, an approved preliminary
plat or a site plan for the development, as
applicable, shall be placed on file with the
Community Development Department.
(d) Authorization for sign placement. Only the
exclusive agent of the developer or owner of the
property shall be authorized to place a sign on
the property. The property owner's signed
authorization consenting to the placement of a
sign representing an exclusive real estate agent
on such premises shall be filed with the
Community Development Department prior to the
placement of the agent's sign.
Sec. 956.16 Regulations for Permanent Identification Signs
Requiring Permits.
The schedule of regulations for permanent signs requiring permits is
stipulated in Table 1 which is located at the end of this chapter.
The tabular schedule denoted in Table 1 identifies regulations
governing the following sign characteristics: 1) maximum cumulative
signage; 2) maximum signage on a single face; 3) maximum height; 4)
required setbacks from the right-of-way and property lines; 4) number
of allowable signs per street frontage. The following subsections
describe supplemental regulations for managing permanent signs
requiring permits, excepting that signs at a single family residence
or duplex shall not require a permit. The terms "residential zoning
districts" and "non-residential zoning districts" are defined in
Chapter 901, Definitions.
(1) Identification signs for residential zoning districts.
(a) Single-family residence or duplex. A sign
indicating only the name and/or address of the
657
occupant or premises for each dwelling unit may
be installed without a permit provided each sign
has a maximum area not exceeding two (2) square
feet, excluding mail -boxes, and shall not be
higher than five (5) feet above the crown of the
nearest road unless the sign is mounted flush
against the wall of a building.
(b) Residential developments of three units or more.
Signs shall be restricted to one facade or
freestanding sign per street frontage indicating
the name and/or address of the premises, provided
the signs comply with the criteria cited in Table
1 "Schedule of Regulations For Permanent Signs
Requiring Permits". Each phase of a Planned
Development shall be construed as a separate
development.
(c) Subdivision entrance signs. One such sign may be
permitted an each side of the principal entrance
to a residential subdivision. All such signs
shall satisfy Table 1 "Schedule of Regulations
For Permanent Signs Requiring Permits". Each
phase of a Planned Development shall be construed
as a separate development.
(d) Identification signs for approved non-
residential uses within residential districts.
1. For approved uses other than
residential uses, one permanent
freestanding or facade identification
sign per street frontage shall be
permitted on any premises. This
provision shall not be construed to
include home occupation uses. Such
signs shall comply with Table 1
"Schedule of Regulations For Permanent
Signs Requiring Permits".
2. Registered real estate brokers
operating an office at their
residences as a home occupation may
place an identifying sign containing
letters not more than one inch high on
the exterior of the building.
(2) Identification signs for non-residential districts.
(a) On -premise freestanding signs in non-residential
districts, excluding
commercial/industrial/institutional complexes.
Such signs shall be limited to message center
signs, time and temperature signs, or
658
identification signs limited to the name of the
business, services performed, facilities
available, commodities sold, provided, or
obtained on the premises where the sign is
located. A non-residential use within a non-
residential district may erect freestanding and
facade signs provided that said signs
comply with the sign regulations of this chapter,
including Table 1 "Schedule of Regulations For
Permanent Signs Requiring Permits".
(b) Commercial/industrial/institutional complexes.
A commercial/industrial/institutional complex,
as defined in chapter 901, Definitions, may
include freestanding, facade, and under -canopy
signs complying with regulations governing
signage for commercial/industrial/
institutional complexes which are contained in
Table 1, "Schedule of Regulations for Permanent
Signs Requiring Permits".
(c) Building facade signs in non-residential
districts. Signs attached to building facades
shall include, but not be limited to, wall signs,
painted signs, marquee signs, canopy signs,
awning signs, parapet signs, overhanging signs,
projecting signs, and pylon signs. In calculating
the area of a building facade, no additional
credit shall be given for the surface of any
canopy or awning . The calculation of the
allowable facade credit shall always be
calculated on a flat, two (2) dimensional plane
and shall not include that part of any parapet,
marquee, pylon or other surface which extends
above the roof line. A mansard roof shall be
classified as a parapet wall. If the lower edge
of a slanted roof other than a mansard roof
extends below the roofline, the allowable facade
area for the purpose of computing signage shall
be the area of the wall. All facade signs shall
comply with Table 1 "Schedule of Regulations for
Permanent Signs Requiring Permits" and the below
stated provisions.
1. Street facade sign area. There shall
be an allowable amount of cumulative
sign area for signs attached to the
frontage street facade of a building,
including permanent window signs not
in excess of that percentage shown on
the "Street Facade Sign area Graph"
and the "Street Facade Sign Area
Table", both of which are attached
hereto and made a part hereof.
659
2. Sign area for facade other than
frontage street facades. There shall
be an allowable amount of cumulative
sign area for signs on facades other
than the frontage street facade not in
excess of fifty (50%) percent of that
percentage on the Street Facade Sign
Area Graph and Table.
3. Sign area for facades facing
residentially zoned property. When
said facade faces residentially zoned
property, the allowable amount of
cumulative sign area shall not exceed
twenty-five percent (25%) of the area
allowed as shown on said Street Facade
Sign Area Graph or Table.
4. Compliance with standard building
code. Wall signs shall comply with
Section 2303.3 of the Southern
Standard Building Code, as may be
amended.
5. Restriction on placement of facade
signs. No wall sign shall project
above the top of the wall to which it
is attached. Signs may be placed in
whole or in part upon a parapet, or
wholly on the vertical faces of a
marquee, but no part of any such sign
shall project above the upper edge of
the parapet or marquee, nor shall any
part of a sign project below the
bottom of the vertical face of the
marquee.
6. Marquee or under canopy sign.
Notwithstanding the above criterion,
one identification sign may be
attached to the bottom of a marquee at
a business entrance, in which case the
sign shall not exceed six and one-
half (6 1/2) square feet in area,
shall maintain an eight (8) foot
minimum clearance above the sidewalk
grade, and shall not extend beyond the
marquee's perimeter or over public
property or public right-of-way.
(d) Overhanging or projecting signs. One projecting
sign per structure is permitting within non-
residential districts and only on a structure
having no freestanding sign. No part of a
660
projecting sign or advertising structure shall
project more than eighteen (18") inches from the
wall of a building and shall not project over a
public sidewalk or street right-of-way. No sign
or part of a sign or its supporting structure
shall cover any window or part of a window. No
projecting sign or supporting structure shall be
located in such a manner as to obstruct window
light and vision. No projecting sign shall extend
above the top of the wall or parapet wall
(whichever is greater in height).
(e) Off -premise directional signs. Off -premise
directional sign shall be permitted after
satisfying the following conditions:
1. Off -premise directional signs area.
Sign area shall comply with Table I
"Schedule of Regulations for Permanent
Signs Requiring Permits", except that
on I-95 the maximum area shall not
exceed three hundred (300) square
feet.
2. Sign Location. Off -premise directional
signs shall be located in the CG, CH,
IL, or IG zoning districts. Off -
premise signs may be allowed on the
same site as on -premise signs provided
that a one thousand (1,000) foot
separation distance is maintained
between the off -premise sign and any
other sign on the site.
3. Spacing of signs. Off -premise
directional signs visible to the same
flow of traffic on the same side of
the main traveled way shall not be
closer than one thousand (1,000) feet
apart. More than one off -premise sign
may be permitted on a single parcel
provided such signs are spaced a
minimum distance of one thousand
(1,000) feet from all existing
freestanding signs, except that on
Interstate 95 sign separation distance
shall be a minimum of one thousand
five hundred (1,500) feet.
The minimum distance between two (2)
off -premise signs located at the
intersection of two (2) streets and
facing different flows of traffic at
right angles to each other shall be
661
one hundred (100) feet apart. Back-
to-back signs are permitted.
4. Sign height. Off -premise signs shall
not exceed the height limitations for
the district in which the sign is
located, except that such signs
located on Interstate 95 shall not
exceed fifty (50) feet in height. In
addition, 956.18(2) provides for the
Board of County Commissioners to
review and take action on any such
signs which may be protected by the
Federal Highway Beautification Act of
1965 and/or Chapter 479, Florida
Statues.
5. Off -Premise directional signs for non-
residential subdivisions. Off -premise
directional signs may be permitted
within non-residential subdivisions
upon compliance with the following
performance standards:
a. Only one such sign shall be
located on a lot or parcel
adjacent to the principal
entrance in the subdivision.
b. The sign shall be permitted
for the exclusive use of all
consenting owners or tenants
within the subdivision.
c. The sign shall comply with
Table I "Schedule of
Regulations for Permanent
Signs Requiring Permits."
d. The sign shall be set back
from an adjacent property
line a minimum distance of
twenty (20) feet.
e. The sign may be placed on an
existing permitted
freestanding sign; however,
if a separate sign is
erected, such sign shall
have a minimum separation
distance of ten (10) feet
from any existing
freestanding sign.
662
f. Except as provided in the
following paragraph, the
owner of the property on
which the sign is located
shall apply for a sign
permit and shall be
responsible for compliance
with the provisions of this
chapter.
g.
For non-residential
subdivisions requiring plat
approval, the developer
shall designate a tract or
easement where the sign
shall be located. Such tract
or easement shall be
dedicated to a property
owners association which
shall be responsible for
obtaining a sign permit and
for compliance with the
provisions of this chapter.
(3) Modifications to the Schedule of Regulations. An applicant
may request a modification to the schedule of regulations
as a bonus for the applicant's voluntary incorporation of
aesthetic design considerations and a voluntary reduction
in the number and cumulative area of permanent
identification signs erected.
In order to receive a modification, the applicant shall
submit a plan of all existing and proposed signs on the
subject site to the Director of Community Development. The
plan shall comply with the following criteria:
(a) The total number of requested
permanent signs shall be less than the
allowable number of permanent
freestanding and/or facade
identification signs requiring
permits.
(b) The cumulative area of the signage
proposed for the site, including any
existing signage, shall be at least
ten (10) percent less than the maximum
allowable cumulative area.
(c) The plan for signage shall incorporate
a design which is consistent with
accepted principles of street
graphics, including consideration of
sign placement, size, and overall
663
relation to the subject site and
adjacent properties.
A modification in the Schedule of Regulations shall be
approved by the Director of Community Development.
Sec. 956.17 Nonconforming Signs.
(1) Continuance of existing nonconforming signs. Subject to
Sec. 956.12 "Prohibited Signs", signs in place and properly
maintained at the time this chapter is enacted which do not
comply with all the provisions of this chapter but which
conformed to sign regulations existing prior to enactment
of this chapter or which were authorized by Indian River
County prior to the effective date of this chapter may be
continued subject to the termination provisions of Sec.
956.17(3). No such nonconforming signs shall be changed in
any manner that increases the nonconformity. The provisions
of this section shall not be construed to include banners
and flags used to attract attention to industrial,
commercial or residential developments excepting flags
pursuant to Section 956.11(2)(i).
(2) Alterations to nonconforming signs. No existing
nonconforming sign shall be structurally altered, unless
brought into conformity with the requirements of this
chapter. However, this restriction shall not apply to a
change of copy.
(3)
Termination of nonconforming signs. Nonconforming signs
shall be terminated and removed under the following
conditions:
(a) By abandonment. Abandonment of a nonconforming
sign shall require the real property owner to
immediately remove such sign or bring it into
conformance.
(b) By violation. Any violation of this chapter other
than the existing nonconforming status of a sign
at the time of enactment of this chapter shall
require the owner to immediately remove such
sign.
(c) By destruction, damage, or deterioration. The
use of any nonconforming sign shall terminate
whenever the sign is damaged or destroyed beyond
fifty (50) percent of the replacement cost of the
sign from any cause whatsoever, or becomes
substandard as defined under any applicable
county regulation, or becomes a hazard or danger,
and upon termination shall be removed.
664
Sec. 956.18 Removal of Prohibited or Unlawful Signs.
(1)
General Policy regulating removal. In accordance with
Section 956.19, the Code Enforcement Officer shall notify
the owner or other persons having control or authority over
a sign prohibited pursuant to Sec. 956.12 and specify a
reasonable time for removal or other required action
regarding the sign. Notwithstanding this provision,
hazardous signs or any sign placed upon public property or
within a public right-of-way without proper authorization
from the county may be removed immediately by the Code
Enforcement Officer without prior notice. The Code
Enforcement Officer shall allow a prohibited sign to remain
only for the minimum time reasonably necessary pursuant to
code enforcement procedures incorporated into the Code of
Laws Ordinances of Indian River County.
(2) Continuation and/or removal of existing signs or
grandfather clause. All existing signs or advertising
structures properly permitted and conforming to the sign
regulations of Indian River County in effect prior to the
adoption of this chapter may continue in use in accordance
with other provisions of this chapter and Chapter 904,
Nonconformities, providing for the regulation of
nonconformities.
The Federal Highway Beautification Act of 1965 and Chapter
479, Florida Statutes, provide that signs located on
interstate or federal aid primary system highways in
compliance with applicable federal and state laws must be
compensated for forced removal. The Board of County
Commissioners shall consider the specific costs and
benefits associated with the removal of any sign protected
by the referenced federal and state laws. The county shall
consider the following factors and determine the most cost
effective, equitable, and legally sustainable course of
action:
(a) The availability of state and/or federal funds
for enforcement of the respective state and/or
federal laws (i.e., compensation to sign owners);
(b) Availability of local funds to implement the
subject state and/or federal laws;
(c) Evolving state and federal legislation and case
law which may assist in resolving issues of
equity and public interest; and
(d) Alternate cost effective programs. Such programs
may include coordinating a public/private
partnership in drafting uniform guidelines for
accommodating limited off -premise signage along
interstate highways or other federal aid primary
665
system highways. Such a program may include
adoption of a design and policy manual for
incorporating off -premise signage on uniformly
designed directory signs situated at
strategically located areas along such major
roadways.
(3) Unlawful Signs. Any sign installed prior to the effective
date of this chapter which required a permit or required
other approval from the county, but no proper permit or
permission was obtained, is an unlawful sign and shall be
subject to removal in accordance with this chapter
unless a permit is obtainable and is obtained under this
chapter after due notice pursuant to code enforcement
procedures.
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666
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666.3
Table 2. Street Facade Sign Area Table
Area of Building Per cent of Front Sign Area
Frontage Wall Wall Allowed Allowed
(sq. ft.) For Signs (sq. ft.)
0 12.00 16.00
100 12.00 16.00
200 12.00 24.00
300 12.00 36.00
400 12.00 48.00
500 12.00 60.00
600 12.00 72.00
700 12.00 84.00
800 12.00 96.00
900 12.00 108.00
1,000 12.00 120.00
1,100 11.25 123.75
1,200 11.20 134.40
1,300 11.125 144.62
1,400 11.075 144.62
1,500 11.00 165.00
1,600 10.925 174.80
1,700 10.875 184.875
1,800 10.80 194.40
1,900 10.75 104.25
2,000 10.70 214.00
2,100 10.625 223.125
2,200 10.55 232.10
2,300 10.50 241.50
2,400 10.45 250.80
2,500 10.40 260.00
2,600 10.325 267.45
2,700 10.25 276.75
2,800 10.20 285.60
2,900 10.15 294.35
3,000 10.10 303
3,100 10.00 310
3,200 9.975 319.20
3,300 9.95 328.35
3,400 9.9 336.6
3,500 9.85 344.75
Supp. No. 40 1506.4.10.35
666.4
Area of Building Per cent of Front Sign Area
Frontage Wall Wall Allowed Allowed
(sq. ft.) For Signs (sq. ft.)
3,600 9.80 352.8
3,700 9.75 360.75
3,800 9.70 368.6
3,900 9.65 376.35
4,000 9.60 384
4,100 9.525 390.525
4,200 9.475 397.95
4,300 9.425 405.275
4,400 9.375 412.50
4,500 9.325 419.25
4,600 9.275 426.65
4,700 9.225 433.575
4,800 9.20 441.6
4,900 9.175 449.575
5,000 9.125 456.25
5,100 9.00 459
5,200 8.975 466.70
5,300 8.925 473.025
5,400 8.875 479.25
5,500 8.825 485.375
5,600 8.80 392.8
5,700 8.75 498.75
5,800 8.70 504.6
5,900 8.65 511.35
6,000 8.6 516
6,100 8.575 523.075
6,200 8.525 528.55
6,300 8.5 535.5
6,400 8.45 540.8
6,500 8.4 546
6,600 8.35 551.1
6,700 8.3 555.1
6,800 8.25 561
6,900 8.2 565.8
7,000 8.175 572.25
666.5
Area of Building Per cent of Front Sign Area
Frontage Wall Wall Allowed Allowed
(sq. ft.) For Signs (sq. ft.)
7,100 8.125 576.875
7,200 8.1 583.2
7,300 8.05 587.65
7,400 8.00 592
7,500 7.975 598.125
7,600 7.925 602.30
7,700 7.90 608.3
7,800 7.85 612.3
7,900 7.825 618.175
8,000 7.80 624
8,100 7.775 629.775
8,200 7.725 633.45
8,300 7.70 639.1
8,400 7.675 644.7
8,500 7.65 650.25
8,600 7.625 655.75
8,700 7.6 661.2
8,800 7.55 664.4
8,900 7.5 667.5
9,000 7.475 672.25
9,100 7.45 677.95
9,200 7.425 683.1
9,300 7.40 688.2
9,400 7.375 693.25
9,500 7.35 698.25
9,600 7.325 702.2
9,700 7.30 708.1
9,800 7.25 710.5
9,900 7.225 715.275
10,000 7.20 720
10,100 7.175 724.675
10,200 7.125 726.75
10,300 7.10 731.3
10,400 7.075 735.8
10,500 7.05 740.25
666.6
Area of Building Per cent of Front Sign Area
Frontage Wall Wall Allowed Allowed
(sq. ft.) For Signs (sq. ft.)
10,600 7.025 744.65
10,700 7.00 749
10,800 6.975 753.3
10,900 6.95 757.55
11,000 6.925 761.75
11,100 6.90 765.9
11,200 6.875 770
11,300 6.85 774.05
11,400 6.825 778.05
11,500 6.80 782
11,600 6.775 785.9
11,700 6.75 788.75
11,800 6.725 793.55
11,900 6.70 797.3
12,000 6.675 801
12,100 6.65 804.54
12,200 6.625 808.25
12,300 6.595 811.185
12,400 6.585 815.54
12,500 '6.575 821.875
12,600 6.565 827.19
12,700 6.55 831.85
12,800 6.50 832
12,900 6.475 835.375
13,000 6.45 838.5
13,100 6.425 841.675
13,200 6.40 844.8
13,300 6.395 850.535
13,400 6.375 854.25
13,500 5.355 857.925
13,600 6.335 861.56
13,700 6.315 865.155
13,800 6.30 869.4
13,900 6.285 873.615
14,000 6.265 877.1
1
666.7
Area of Building Per cent of Front Sign Area
Frontage Wall Wall Allowed Allowed
(sq. ft) For Signs (sq. ft.)
14,100 6.245 880.545
14,200 6.225 883.95
14,300 6.20 886.6
14,400 6.185 890.64
14,500 6.165 893.925
14,600 6.145 897.170
14,700 6.125 900.375
14,800 6.10 902.8
14,900 6.090 907.41
15,000 6.075 911.25
15,100 6.06 915.06
15,200 6.045 918.84
15,300 6.030 922.59
15,400 6.015 926.31
15,500 6.00 930
15,600 5.995 934.22
15,700 5.980 938.86
15,800 5.965 942.47
15,900 5.950 946.05
16,000 5.935 949.6
16,100 5.920 953.12
16,200 5.905 956.61
16,300 5.90 961.7
16,400 5.890 966.6
16,500 5.875 979.375
16,600 5.860 972.76
16,700 5.845 976.115
16,800 5.830 979.44
16,900 5.815 982.735
17,000 5.80 986
17,100 5.795 990.945
17,200 5.780 993.16
17,300 5.765 997.345
17,400 5.750 1,000.5
17,500 5.735 1,003.625
666.8
Area of Building Per cent of Front Sign A rea
Frontage Wall Wall Allowed Allowed
(sq. ft) For Signs (sq. ft)
17,600 5.720 1,006.78
17,700 5.705 1,009.785.
17,800 5.70 1,014.5
17,900 5.695 1,019.405
18,000 5.680 1,022.4
18,100 5.665 1,025.365
18,200 - 5.650 1,028.30
18,300 5.635 1,031.205
18,400 5.620 1,034.08
18,500 5.605 1,036.925
18,600 5.60 1;041.6
18,700 5.5925 1,045.7975
18,800 5.5850 1,049.98
18,900 5.5775 1,054.1475
19,900 5.5725 1,058.775
19,100 5.5650 1,062.915
19,200 5.5575 1,067.04
19,300 5.55 1,071.15
19,400 5.545 1,075.73
19,500 5.5375 1,079.8125
19,600 5.530 1,083.88
19,700 5.5225 1,087.9325
19,800 5.5150 1,091.97
19,900 5.5075 1,095.9925
20,000 5.50 1,100
666.9
CHAPTER 971
REGULATIONS FOR SPECIFIC LAND USES
Section 971.01 Title
Section 971.02 Purpose and Intent
Section 971.03 Definitions
Section 971.04 Review of Uses Requiring an Administrative Permit
Section 971.05 Review of Uses Requiring a Special Exception
Section 971.06 Table of Uses in Alphabetical Order
Section 971.07 Adult Entertainment
Section 971.08 Agricultural Uses
Section 971.09 RESERVED
Section 971.10 Commercial Entertainment, Recreation and Amusement,
Enclosed
Section 971.11 Commercial Entertainment, Recreation and Amusement,
Unenclosed
Section 971.12 Commercial Services
Section 971.13 Commercial Uses
Section 971.14 Community Service Uses
Section 971.15-20 RESERVED
Section 971.21 Eating and Drinking Establishments
Section 971.22 Extractive Uses
Section 971.23 RESERVED
Section 971.24 General Office Uses
Section 971.25 RESERVED
Section 971.26 Industrial Uses
Section 971.27 Industrial Uses - Very Heavy
Section 971.28 Institutional Uses
Section 971.29-34 RESERVED
Section 971.35 Marine Related Commercial Activities
Section 971.36-39 RESERVED
Section 971.40 Recreation Uses
Section 971.41 Residential Uses
Section 971.42 Sales, General Merchandise
Section 971.43 Transportation Uses
Section 971.44 Utility Uses
Section 971.45 Vehicular Sales, Services and Storage
Section 971.01 Title.
This chapter, the terms and the provisions contained herein shall be
known as the "Regulations for Specific Land Uses Ordinance" of Indian
River County.
Section 971.02 Purpose and Intent.
It is the intent of this chapter to provide the minimum procedures
Ind criteria for the review of uses which may require an
administrative permit or special exception.
667
Section 971.03 Definitions. See chapter 901.
Section 971.04 Review of Uses Requiring and Administrative Permit.
(1) Purpose and Intent. This section is established to provide for
the approval of administrative permits by the planning and
zoning commission. Administrative permit approval is required
for certain activities which, because of their scale, duration
or nature, would not generally have an adverse impact on their
surroundings when regulated in accord with the standards set
forth in this chapter.
(2) Establishment of uses requiring administrative permits. The
district regulations of Chapter 911, Zoning, specify those uses
which require an administrative permit. Such uses shall be
permitted only after being approved pursuant to the procedures
established in this section and only after satisfying the
specific use criteria established in this chapter.
(3) Authorization. The planning and zoning commission is hereby
authorized to decide all applications for administrative
permits, as set forth in these provisions, subsequent to a
recommendation by the community development director.
(4) Conditions and safeguards. The planning and zoning commission
may attach to its approval of an administrative permit any
reasonable conditions, limitations or requirements which are
found necessary in its judgement to effectuate the purposes of
this section and carry out the spirit and purpose of the
chapter.
(5)
Procedures for review of uses requiring administrative permits.
Uses requiring an administrative permit shall be reviewed by the
Planning and Zoning Commission, pursuant to the procedures and
notice requirements established in Chapter 914, site plans.
(6) Standards. No administrative permit shall be approved by the
planning and zoning commission unless:
(a) Specific requirements. The proposal is in compliance with
all applicable specific land use regulations of Chapter 971
and all other applicable regulations.
(7)
(b) Comprehensive plan. The proposal is determined to be
consistent with the Indian River County comprehensive plan.
Status of decisions. Actions taken by the planning and zoning
commission regarding administrative permits shall be deemed
final unless appealed to the board of county commissioners,
pursuant to the procedure of Chapter 902.
668
Section 971.05 Review of Uses Requiring a Special Exception.
(1) Purpose and intent. This section is intended to identify the
procedures and reference the specific criteria for considering
the approval of special exception uses. The procedures
established herein are intended to ensure that a careful
examination and findings of fact will be made by appropriate
county entities during the review of special exception uses.
Such review shall consider the nature, extent and potential
external impacts associated with special exception uses.
(2) Establishment of special exception uses.
(a) Special exception uses, generally. Special exception uses
are those types of uses that would not generally be
appropriate throughout a particular zoning district.
However, when special exception uses are carefully
controlled as to number, area, location, and/or
relationship to the vicinity, such uses would not adversely
impact the public health, safety, comfort, good order,
appearance, convenience, morals and general welfare and as
such would be compatible with permitted uses within the
particular zoning district.
(b) Special exception uses, specifically. The zoning districts
which are established in Chapter 911 designate those uses
and activities which shall be regulated as special
exception uses. Those uses which are designated as special
exception uses shall be permitted only after being approved
pursuant to the procedures established in this section and
further satisfying the specific use criteria established
in this chapter.
(3) Expansions and modifications to existing special exception uses.
Project applications proposing to expand an existing special
exception use shall comply with all specific land use criteria
contained herein that are specified for the use(s) involved in
the proposed project and shall comply with the public hearing
procedures of this chapter (971).
Modifications to an existing special exception uses that does
not expand that use shall comply with all specific land use
criteria contained herein that are specified for the use(s)
involved in the proposed project. However, the public hearing
provisions of this chapter shall not apply.
(4) Special exception uses: Approval authority. The Indian River
County board of county commissioners is hereby authorized to
decide all applications for special exception uses, subsequent
to a recommendation by the planning and zoning commission.
(5) Conditions and safeguards. In granting any special exception,
the board of county commissioners may prescribe appropriate
special conditions and safeguards to ensure that the use is
compatible with surrounding uses in the district. Violation of
669
such conditions and safeguards, when made a part of the terms
under which the special exception is granted, shall be deemed
a violation of these land development regulations. Such
conditions and safeguards may include, but are not limited to:
(a) Time limitations. Reasonable time limits within which the
action for which the special exception is required shall
be begun or completed or maintained, as well as provisions
for extension or renewals.
(b) Guarantees. The posting by the applicant of
or bond in an appropriate form and reasonable
(c) Buffers. The establishment of additional
setbacks as deemed necessary.
(6) Procedures for review of special exception uses.
(a) Pre -application conference. Prior to filing an application
for a special exception use approval, the applicant shall
confer with the planning and development division staff to
discuss informally the requirements of this section and the
nature of his proposal. For the purposes of this
conference, the applicant shall provide a sketch plan of
the proposal drawn to scale, showing the general layout,
the relationship to the surrounding area, and the general
development proposal.
a guarantee
amount.
buffers or
(b) Filing of application. Following the pre -application
conference, the applicant may file an application for a
special exception use approval, prepared in compliance with
the forms on file at the planning division. The
appropriate number of applications shall be filed with the
planning and development division.
1. Site plan required; optional conceptual special
exception approval.
a. Concurrent site plan and special exception
approval. Applications for special exception
uses shall include a site plan, prepared in
accordance with the provisions of Chapter 914,
site plan approval, and shall include all
additional information required in Chapter 971,
regulation for specific land uses.
b. Conceptual special exception approval. An
applicant for special exception approval may
elect to submit a conceptual site plan, rather
than a complete site plan pursuant to the
requirements of Chapter 914. Applicants wishing
to obtain special exception approval based on a
conceptual site plan shall submit details of the
project, as required by the community development
670
director, and a statement that he or she will
comply with any conditions which may be attached
by the board of county commissioners. If the
applicant is granted conceptual special exception
approval, the approval shall not be considered
final until a complete site plan satisfying all
conditions of special exception approval has been
reviewed and approved pursuant to Chapter 914,
Site Plans.
2. Request for waivers of modifications. Any
requirements of this chapter which the applicant is
requesting be waived or modified as may be allowed
under this section, shall be clearly indicated by
section and paragraph numbers in the application,
together with the rationale for the request.
3. Staff review. Upon receipt of the application, the
community development director shall forward it to
all appropriate county reviewing agencies, and shall
initiate his review of the application for conformance
with the standards of this section. The community
development director or his designee may require the
submission of additional information, as needed, in
order to adequately review a complete application.
(c) Planning and zoning commission review.
1. Notice and hearing. The planning and zoning
commission shall hold a public hearing on the
application within a reasonable period of time
following its receipt of the application from the
director. Notice shall be provided in accordance with
the notification requirements for a rezoning.
2. Decision. Within a reasonable period of time
following the close of the public hearing on the
application, the planning and zoning commission shall
make its report and recommendation to the board of
county commissioners for approval, approval with
conditions or denial of the application, stating in
writing its reasons for any recommendation of denial.
(d) Board of county commissioners review.
1. Notice and hearing. The board of county commissioners
shall hold a public hearing on the application,
report, and recommendation of the planning and zoning
commission within a reasonable period of time
following receipt form the planning and zoning
commission. Notice shall be provided in accordance
with the notification requirements for a rezoning.
2. Decision. Within a reasonable period of time
following the close of the public hearing, the board
671
(7)
of county commissioners shall approve, approve with
conditions or deny the application, furnishing the
applicant a written statement of the reasons for any
denial. A special exception use shall be granted upon
an affirmative vote of at least a simple majority of
the board of county commissioners present.
Required finding by the reviewing body. Before any application
regarding a special exception use shall be approved, the
reviewing body shall make a finding that it is empowered under
the provisions of this chapter to review the specific use
applied for, and that the granting of the special exception will
not adversely affect the public interest. The reviewing body
shall also make findings certifying that both the general and
specific use applied for and that the granting of the special
exception will not adversely affect the public interest. The
reviewing body shall also make findings certifying that both the
general and specific criteria for the review of special
exceptions have been satisfied and that adequate special
conditions have been imposed to ensure compatibility between the
special exception use and surrounding land uses with regard but
not limited to:
(a) Ingress and egress to property and proposed structures
thereon with particular reference to automotive and
pedestrian safety and convenience, traffic flow and
control, and access in case of fire or catastrophe;
(b) Off-street parking and loading areas, where required, with
particular attention to the items in (1) above and the
economic, noise, glare, or odor effects of the special
exception on adjoining properties and properties generally
in the district;
(c) Utilities with reference to location, availability and
compatibility;
(d) Screening and buffering with reference to type, dimensions
and character;
(e) Signs, if any, and proposed exterior lighting with
reference to glare, traffic safety, economic effects, and
compatibility and harmony with properties in the district;
(f) Required yards and other open space;
(g) Any special requirements set forth in the zoning district
regulations for the particular use involved.
(8) Status of decisions. Actions taken by the board of county
commissioners regarding the granting of special exceptions along
with any appropriate conditions and safeguards shall be deemed
final. unless an appeal is filed pursuant to the procedures of
Chapter 902.
672
(9)
General criteria for review of special exception uses. Prior to
approval by the board of county commissioners, a special
exception use applicant must present evidence of compliance with
the below cited general criteria as well as specific criteria
for the respective special exception use cited herein in Chapter
971, regulations for specific land uses. The applicant shall
have the burden of establishing, by competent material and
substantial evidence, the existence of the facts and conditions
which this chapter requires for approval. The applicant shall
have the responsibility to present evidence in the form of
testimony, exhibits,- documents, models, plans and the like to
support the application for approval of a special exception use.
(a) Consistency with comprehensive plan and zoning code. The
proposed use shall be consistent with the comprehensive
plan and with the stated purpose and intent of the
appropriate district regulations and all applicable
regulations within this chapter.
(b) Compatibility with surrounding land uses. The proposed use
and its location shall be compatible with surrounding land
uses and the general character of the area, based on
consideration of such potential impacts as traffic
generation, drainage, nuisance impacts, lighting,
appearance, and other factors potentially impacting the
character and stability of the surrounding area.
(c) No adverse impacts on public health, safety, and general
welfare. The proposed use and its location and method of
operation shall promote the public health, safety, and
general welfare. The proposal shall include any landscape
and structural improvements, public facility expansions,
and operational restrictions or procedures required to
effectively mitigate potential negative impacts of the use.
(d) Promote orderly development. The use and proposed location
shall promote orderly and efficient development considering
such factors as impact on public facilities, preservation
of neighborhood integrity, and similar factors impacting
orderly development of the area.
(10) Specific criteria for review of special exception uses. In
addition to satisfying the general criteria for reviewing
special exception uses as established herein, a special
exception use must also be found to satisfy the specific
criteria for the particular land use, as established in this
chapter.
Section 971.06 Table of uses in Alphabetical Order.
(1) Accessory Housing for Nightwatchmen 971.41(1)
(AP) (Residential Uses)
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(2) Adult Entertainment Businesses 971.07(1)
(SE) (Adult Entertainment)
(3)
Agricultural Businesses (excluding wholesaling & processing)
971.08(1) (SE) (Agricultural uses)
(4) Agricultural Industries 971.08(2)
(SE) (Agricultural uses)
Agricultural Research Facilities 971.08(3)
(AP) (Agricultural uses)
(5)
(6) Airports and Airstrips 971.43(1)
(SE) (Transportation uses)
(7)
Aquaculture 971.08(4)
(AP) (Agricultural uses)
(8) Auction Facilities, Unenclosed 971.42(1)
(SE) (Sales - general merchandise)
(9)
Automotive Fluids, Products, Sales & Service Other Than Gasoline
971.45(1) (AP) (Vehicular sales, service and storage)
(10) Automotive Fuel Sales 971.45(2)
(AP) (Vehicular sales, service and storage)
(11) Bars and Lounges 971.21(1)
(SE) (Eating and drinking establishments)
(12) Bed and Breakfast Establishments 971.41(2)
(AP and SE) (Residential Uses)
(13) Boarding Houses 971.41(3)
(AP and SE) (Residential Uses)
(14) Boat Sales and Rentals 971.35(1)
(AP) (Marine related commercial activities)
(15) Bottle Clubs 971.21(2)
(AP and SE) (Eating and drinking establishments)
(16) Building Material Sales and Lumberyards 971.12(1)
(AP) (Commercial services)
(17) Carry Out Restaurants and Restaurants Excluding Curb Service,
Drive -In, Drive -Through and Similar Type Establishments
971.21(3) (SE) (Eating and drinking establishments)
(18) Child Care and Adult Care Facilities 971.28(1)
(AP and SE)(Institutional uses)
(19) Civic and Social Membership Organizations 971.28(2)
(AP) (Institutional uses)
674
(20) Commercial Fisheries 971.35(2)
(AP) (Marine related commercial activities)
(21) Commercial Marinas 971.35(3)
(AP) (Marine related commercial activities)
(22) Community Centers 971.14(1)
(SE) (Community Service Uses)
(23) Correctional Institutions 971.14(2)
(reserved) (Community service uses)
(24) Country Clubs 971.40(1)
(AP and SE) (Recreation Uses)
(25) Cultural or Civic Facility 971.14(3)
(AP and SE) (Community service uses)
(26) Dairy Farming 971.08(5)
(AP) (Agricultural uses)
(27) Demolition Debris Sites 971.27(1)
(SE) (Industrial use - very heavy)
(28) Department Store, Furniture and Appliance Sales, Showroom
Catalog Stores and Variety Store 971.42(2)
(AP) (Sales general merchandise)
(29) Driving Ranges 971.11(1)
(AP and SE) (Commercial entertainment, recreation and
amusements unenclosed)
(30) Drug Stores 971.42(3)
(AP) (Sales - General merchandise)
(31) Dude Ranch 971.40(2)
(SE) (Recreation Uses)
(32) Educational Centers, including Schools, Primary and Secondary
971.14(4) (SE) (Community service uses)
(33) Emergency Services 971.14(5)
(AP) (Community service uses)
(34) Fish Farms 971.08(6)
(AP) (Agricultural uses)
(35) Flea Market 971.42(4)
(SE) (Sales - general merchandise)
(36) Fruit and Vegetable Juice Extraction and Packing Houses
971.26(1) (AP and SE) (Industrial uses)
(37) Fruit and Vegetable Stands 971.13(1)
675
(AP) (Commercial uses)
(38) Gasoline Service Stations 971.45(3)
(AP and SE) (Vehicular sales, service and storage)
(39) Golf Courses and Accessory Facilities 971.40(4)
(AP and SE) (Recreation uses)
(40) Governmental Administrative Building 971.14(6)
(AP and SE) (Community service uses)
(41) Group Homes: Levels I, Ii, III, and Residential Centers
971.28(3) (AP and SE) (Institutional uses)
(42) Guest Cottages and Servant Quarters 971.41(4)
(SE) (Residential uses)
(43) Health and Fitness Clubs 971.10(1)
(AP) (Commercial entertainment, recreation and amusements
enclosed)
(44) Heliports and Helipads 971.43(2)
(SE) (Transportation uses)
(45) Homes for the Aged, including Nursing Homes, Rest Homes, and
Convalescent Homes 971.28(4) (SE) (Institutional uses)
(46) Hunting and Fishing Lodges 971.40(4)
(SE) (Recreation Uses)
(47) Junk and Salvage Yards 971.27(2)
(SE) (Industrial uses very heavy)
(48) Kennel or Animal Boarding Place,
(AP) (Agricultural uses)
(49) Kennel or Animal Boarding Place,
(AP) (Agricultural uses)
Commercial 971.08(7)
Non -Commercial 971.08(8)
(50) Major Sports and Recreation Areas and Facilities 971.40(5)
(SE) (Recreational uses)
(51) Marine Repair and Service 971.35(4)
(AP) (Marine related commercial activities)
(52) Miniature Golf Courses 971.11(2)
(AP and SE) (Commercial entertainment, recreation and
amusements unenclosed)
(53) Mining 971.22(1)
(AP and SE) (Extractive uses)
676
(54) Mobile Homes 971.41(5)
(AP) (Residential uses)
(55) Mobile Home Trailer Sales 971.45(4)
(AP) (Vehicle sales, service and storage)
(56) Model Mobile Home Display 971.24(1)
(AP) (General office use)
(57) Multiple Family Dwellings 971.41(6)
(AP) (Residential uses)
(58) Nurseries and Greenhouses, Non -Commercial 971.08(9)
(AP and SE) (Agricultural use)
(59) Off -Road Vehicle Tracks 971.40(6)
(SE) (Recreation uses)
(60) Outdoor Storage (Unenclosed) 971.12(2)
(AP) (Commercial services)
(61) Parks and Playgrounds Open to the Public 971.40(7)
(AP) (Recreational uses)
(62) Places of Worship 971.28(5)
(AP and SE) (Institutional uses)
(63) Public/Private Multi -slip Facilities 971.40(8)
(SE) (Recreation uses)
(64) Recycling Centers 971.26(2)
(AP) (Industrial Uses)
(65) Residential Treatment Centers 971.28(6)
(SE) (Institutional uses)
(66) Retreats and Camps 971.40(9)
(SE) (Recreation Uses)
(67) Self -Service Storage Facilities 971.12(3)
(SE) (Commercial services)
(68) Single -Family Docks Constructed Prior to Construction of a
Principal Single -Family Dwelling Unit 971.41(7)
(AP) (Residential uses)
(69) Sludge -Spreading 971.08(10)
(AP) (Agricultural Use)
(70) Specialty Farms 971.08(11)
(AP) (Agricultural uses)
(71) Stables, Non -Commercial 971.08(12)
(AP and SE) (Agricultural uses)
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(72) Subdivisions with Special Sideyards 971.41(8)
(SE) (Residential uses)
(73) Tenant Dwellings 971.08(13)
(SE) (Agricultural uses)
(74) Tennis Clubs and Beach Clubs 971.40(10)
(SE) (Recreation uses)
(75) Total Care Facilities 971.28(7)
(SE) (Institutional uses)
(76) Transmission Towers (Radio, TV and Microwave) 971.44(1)
(SE) (Utility uses)
(77) Unenclosed Amusements, Excluding Miniature Golf Courses and
Driving Ranges 971.11(3)
(SE) (Commercial entertainment, recreation and amusements
unenclosed)
(78) Used Vehicle Sales 971.45(5)
(AP and SE) (Vehicle sales, service and storage)
(78) Utilities, Public and Private - Heavy 971.44(2)
(AP) (Utility uses)
(80) Utilities, Public and Private - Limited 971.44(3)
(SE) (Utility uses)
(81) Veterinary Clinic or Animal Hospital 971.13(2)
(AP) (Commercial uses)
(82) Yacht Clubs 971.40(11)
(SE) (Recreation uses)
Section 971.07 Adult Entertainment.
(1) Adult entertainment businesses (Special Exception)
(a) Districts requiring SPECIAL EXCEPTION approval,(pursuant
to the provisions of 971.05):
IL IG
(b) Additional information requirements:
1. A site plan meeting all requirements of Chapter 914
which shows the zoning and use of all properties
within one thousand (1,000) feet of the site.
2. Written verification of compliance with all applicable
state and local ordinances shall be provided.
3. Written verification from the property owner that the
property may be used for operation of an adult
entertainment business.
678
(c) Criteria for adult entertainment businesses:
1. The site shall be located a minimum of one thousand
(1,000) feet from other adult businesses, residential
uses or zones, places of worship, secondary or primary
schools, parks or playgrounds, or any areas where
large numbers of minors regularly travel or
congregate. This required separation distance shall
be measured by following the shortest route of
ordinary pedestrian travel along the public
thoroughfare from the main entrance of such place of
business to the main entrance of the church and, in
the case of a school, park or playground, or area
where large groups of minors regularly congregate, to
the nearest point of the school ground, park or
playground, or area where large groups of minors
regularly congregate, except:
a. Where such established church, school, park or
playground or area where large groups of minors
regularly congregate is within the limits of an
incorporated city or town and the applicant for
such license is outside such incorporated city
or town, then and in that event, the place of
business in the county must be the same or
greater distance from such church or school as
is required by the ordinance of the incorporated
city or town wherein such church or school is
located, if the city or town has separation
distance requirements which exceed Indian River
County's requirements.
b. Where a church, school, park or playground or
area where large groups of minors regularly
congregate is established after the establishment
of a place of business, the subsequently
established church or school shall not affect the
location of the place of business nor shall it
affect a subsequent renewal or transfer of any
license of such a vendor.
c. Where such established church, school, park or
playground, or area where large groups of minors
regularly congregate is located in the county
outside the limits of any incorporated city or
town but so near the limits of one that under the
ordinances of that city or town such a vendor in
such city or town could receive a license within
a distance less than stipulated by this section
of such church or school, then and in that event,
the place of business in this county outside any
city or town may be the same or greater distance
from such church or school as any such business
679
duly licensed or approved for operation within
such city or town.
(d) Variance from separation distances:
1. The minimum one thousand -foot separation distance as
described above may be reduced to five hundred (500)
feet by the board of county commissioners provided
that:
a. A petition requesting waiver of the minimum
separation distance requirement is received and
verified by the community development department
signed by fifty-one (51) per cent of those
persons owning, residing, or operating a business
within a one thousand (1,000) foot radius of the
proposed location;
b. The proposed use will not be contrary to the
public interest or injurious to nearby
properties, and that the spirit and intent of
this ordinance will be observed;
c. That the proposed use will not adversely impact
the adjacent uses with respect to traffic, noise,
lighting, or other characteristics; and
d. That all other applicable regulations of this
ordinance will be observed.
Section 971.08 Agricultural Uses.
(1) Agricultural Businesses (excluding wholesaling and processing)
(Special Exception).
(a) Districts requiring SPECIAL EXCEPTION approval, (pursuant
to the provisions of 971.05):
A-1 A-2 A-3
(b) Additional information requirements:
1. A site plan meeting all of the requirements of Chapter
914.
2. A statement describing the nature of the business and
the rationale for its location within an agricultural
district.
(c) Criteria for agricultural business.
1. Agricultural businesses may be allowed to locate
within the A-1, A-2, or A-3 districts only upon a
finding by the reviewing body that such businesses are
directly related to or provide services for active
agricultural operations and that such uses would not
680
be more appropriately located in a commercial or
industrial zoning district.
2. Agricultural businesses shall include but not be
limited to: Agricultural business offices; and sales
of agricultural equipment, products and supplies, such
as grove maintenance services, or livestock
facilities.
3. Agricultural businesses shall not be interpreted to
permit wholesaling or processing operations.
4. The business must be located in an area designated
either as AG or R on the Comprehensive Land Use Map.
(2) Agricultural Industries (Special Exception).
(a) Districts requiring SPECIAL EXCEPTION approval, (pursuant
to the provisions of 971.05):
A-1 A-2 A-3
(b) Additional information requirements:
1. A site plan meeting all or the requirements of Chapter
914.
2. A statement describing the nature of the industry and
the rationale for its location within an agricultural
district.
3. A statement on a form provided by the county completed
by the project engineer which identifies any toxic or
hazardous wastes and/or substances which may be
generated or utilized on the premises.
(c) Criteria for agricultural industries:
1. Agricultural industries may be allowed to locate
within the A-1, A-2, or A-3 districts only upon a
finding by the reviewing body that such industries
are directly related to active agricultural operations
and that such industries, due to the characteristics
of the operation, would not be more appropriately
located in an industrial zoning district.
2. All buildings and structures shall be located at least
one hundred (100) feet from all property lines.
3. Agricultural industries shall include but not be
limited to stockyards, feedlots and packinghouses.
4. The business must be located in an area designated
either as AG or R on the Comprehensive Plan Land Use
Map.
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(3) Agricultural Research Facilities (Administrative Permit).
(a) Districts requiring ADMINISTRATIVE PERMIT approval,
(pursuant to the provisions of 971.04):
A-1 A-2 A-3
(b) Additional information requirements:
1. A site plan meeting all of the requirements of Chapter
914.
2. A statement on a form provided by the county completed
by the project engineer which identifies any toxic or
hazardous wastes and/or substance which may be
generated or utilized on the premises.
(c) Criteria for agricultural research facilities:
1. All buildings and structures shall be located at least
one hundred (100) feet from all property lines.
2. The facility shall provide, between the agricultural
facility and test plots, and any adjacent property
having a non-agricultural land use designation or
having an existing non-agricultural use, either a
minimum fifty -foot setback for structures and test
plots or a thirty (30) foot yard with type "A"
screening in order to protect residents and businesses
from straying and other chemical applications.
3. The facility must be located in an area designated
either as AG or R on the Comprehensive Plan Land Use
Map.
(4) Aquaculture (Administrative Permit).
(a) Districts
(pursuant
A-1
Con -1
requiring ADMINISTRATIVE PERMIT approval,
to the provisions of 971.04):
A-2 A-3 RFD RS -1
Con -2
(b) Criteria for aquaculture:
1. The facility must comply with all the requirements of
Chapter 932.
2. The facility will be allowed only when a determination
has been made that the use is water -dependent.
(6) Dairy Farming (Administrative Permit).
(a) Districts requiring ADMINISTRATIVE PERMIT approval,
(pursuant to the provisions of 971.04):
A-1 A-2 A-3
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(b) Additional information requirements: A site plan meeting
all of the requirements of Chapter 914.
(c) Criteria for dairy farming:
1. Any confinement feeding operations and/or dairy
processing facilities shall be located at least one
hundred (100) feet from all property lines.
2. Adequate water supply shall be available to maintain
the premises in a sanitary condition.
3. Containment areas, including pasture land, shall be
fully enclosed by a fence.
4. Waste management plans shall be submitted and approved
by the Environmental Health Department.
5. Stormwater Management plans for surface run-off shall
be submitted and approved by the county drainage
engineer.
6. The operation must be located in an area designated
either as AG or R on the Comprehensive Plan Land Use
Map.
(6) Fish Farms (Administrative Permit)
(a) Districts requiring ADMINISTRATIVE PERMIT approval,
(pursuant to the provisions of 971.04):
A-1 A-2 A-3
(7)
(b) Criteria for fish farms:
1. No processing shall be allowed on site.
2. Certification from state agencies must be obtained
for all exotic species.
3. A fifty (50) foot setback is required where property
abuts residentially designated property.
Kennel or Animal boarding Place, Commercial (Administrative
Permit).
(a) Districts requiring ADMINISTRATIVE PERMIT approval,
(pursuant to the provisions of 971.04):
A-1 A-2 A-3 CG CH
(b) Additional information requirements:
1. A complete site plan which includes floor plans and
elevations for all kennels, barns, exercise yards,
animal pens, and related improvements shall be
683
provided, as well as the location of structures on
adjacent properties.
2. A statement by the applicant on a form acceptable to
the planning department explaining the types of
animals to be treated and/or sheltered.
(c) Criteria for commercial animal boarding place or kennels:
1. Indoor facilities shall maintain a thirty (30) foot
setback from adjacent properties. Outdoor facilities
must maintain a minimum of seventy-five (75) feet
separation distance from adjacent properties.
Conditions may be imposed to ensure adequate
mitigation or attenuation of noise impacts.
2. All animal boarding facilities shall be enclosed by
a security fence at least six (6) feet in height.
3. The site shall not abut any property having a
residential land use designation.
(8) Kennel and Animal Boarding Places, Noncommercial
(Administrative Permit).
(a) Districts requiring ADMINISTRATIVE PERMIT approval,
(pursuant to the provisions of 971.04):
RFD RS -1 RS -2 RS -3 RS -6
(b) Additional information requirements;
1. The applicant shall submit a signed affidavit stating
that no remuneration or other valuable consideration
is or will be received for the raising, boarding,
transfer, or sale of the animals to be kept on the
premises, or for sale of their by-products.
2. A statement from the applicant describing the number
and types of animals which will be kept on the
premises, whether such animals are subject to federal,
state or local licensing or registration requirements,
and if so, whether such licensing or registration has
occurred, together with license or registration
numbers.
3. A site plan, pursuant to the requirements of Chapter
914.
(c) Criteria for noncommercial kennels and animal boarding
places:
1. A noncommercial kennel or animal boarding place shall
be considered any building or buildings, including a
residence or residential accessory structure, other
structure, or land use, designated, or arranged for
the boarding, breeding, or care of a total of five (5)
684
or more dogs, cats, rabbits, poultry or other domestic
animals belonging to the owner or occupant thereof.
This shall not be interpreted to include stables,
which is a use regulated elsewhere in this chapter.
2. Noncommercial kennels and animal boarding places shall
be allowed in the above described districts only as
an accessory use.
3. Any indoor facility must meet the same setbacks
required for other principal structures in the given
zoning district. Any outdoor facilities such as a
pen, cage or fence shall have a minimum thirty (30)
foot setback from all adjacent properties.
4. Conditions may be imposed to ensure adequate
mitigation or attenuation of noise impacts.
5. Exception. An owner or occupant of a single -family -
detached parcel or lot shall not be considered to be
maintaining or using said property as a noncommercial
kennel or animal boarding place, notwithstanding other
limitations stated in this section, where all four of
the following conditions are satisfied:
a. Such use does not or will not involve the primary
harboring or keeping of more than two (2) animals
other than within the principal residential
dwelling; and
b. Such use does not or will not involve the
placement or construction of an outside animal
kennel boarding structure or kennel cage of any
kind for more than 2 animals; and
c. The owner or occupant has complied with any
applicable animal control statute or ordinance
with respect to the vaccination, licensing,
registration, and restraint of the animals
intended to be, or being, kept on such property;
and
d. Such use does not or will not involve the keeping
of more than a total of six (6) such animals, not
counting litters of young less than the age of
four (4) months on site.
(9) Nurseries and Greenhouses, Noncommercial over 200 square feet
(Administrative Permit).
685
(a) Districts .requiring ADMINISTRATIVE PERMIT approval,
(pursuant to the provisions of 971.04):
RFD RS -1 RS -2 RS -3 RS -6
RT -6 RM -3 RM -4 RM -6 RM -8
RM -10
(b) Additional information requirements: The applicant shall
submit a site plan which shall show the location of the
principal use on the site and all screening materials,
pursuant to the standards of Chapter 914.
(c) Criteria for noncommercial nurseries and greenhouses:
1. Such uses shall be accessory to the principal use on
site.
2. All storage areas shall be screened by a fence or
fully enclosed within a structure.
3. Such uses shall comply with all provisions of
accessory uses and structure.
4. Such uses combined with all other uses and structures
on the site shall satisfy all of the maximum lot
coverage and minimum space provisions of the
applicable zoning district.
5. No retail or wholesaling and/or leasing activities
shall be permitted.
6. In no case shall the total area of a greenhouse,
attached or not attached, exceed five (5) percent of
the site area.
(10) Sludge Spreading (Administrative Permit)
(a) Districts requiring ADMINISTRATIVE PERMIT approval,
(pursuant to the provisions of 971.04):
A-1 A-2 A-3
(b) Criteria for sludge spreading:
1. A site plan which shows the limits of the areas for
sludge spreading and setbacks from the sludge
spreading operation to property lines, pursuant to
the requirements of Chapter 914, Site Plans.
2. A fifty (50) foot setback shall be required when the
sludge spreading operation is adjacent to
agriculturally designated property.
3. A one hundred (100) foot setback shall be required
when the sludge spreading operation is adjacent to
residentially designated property.
686
4. As part of a stormwater management report, signed and
sealed by a professional engineer, the applicant shall
demonstrate that no adverse impacts will occur on
properties and waterbodies, on or off-site, by runoff
from the sludge -spreading operation.
5. An additional report, signed and sealed by a
professional engineer or a hydrologist, must be
submitted which demonstrates that the sludge spreading
operation will have no adverse impacts on groundwater.
(11) Specialty Farms (Administrative Permit)
(a) Districts requiring ADMINISTRATIVE PERMIT approval,
(pursuant to the provisions of 971.04):
A-1 A-2 A-3
(b) Criteria for specialty farms:
1. A site plan showing the location and nature of all
structures and fenced areas containing any animals,
and all other information requirements of Chapter 914.
2. The minimum lot area for such uses shall be five (5)
acres.
3. No structure or fenced area containing any animals
being raised, bred, or kept in connection with such
use shall be closer than seventy-five (75) feet to any
property line, unless such structures are sound-
proofed.
ound-
proofed.
(12) Stables, Noncommercial (Administrative Permit and Special
Exception).
(a) Districts requiring ADMINISTRATIVE PERMIT approval,
(pursuant to the provisions of 971.04):
Con -2 RFD RS -1
(b) Districts requiring SPECIAL EXCEPTION approval, (pursuant
to the provisions of 971.05):
RS -2 RS -3 RS -6 RT -6
RM -3 RM -4 RM -6 RM -8
RM -10
(c) Additional information requirements: The applicant shall
submit a site plan which shall show the location of all
existing and proposed structures and the location of any
fences, and all other information required in Chapter 914.
(d) Criteria for noncommercial stables:
1. Noncommercial stables shall be allowed in
nonagricultural districts only as an accessory use.
687
2. Such uses shall be located on lots having an area no
less than two (2) acres.
3. The number of horses shall not exceed one per acre.
4. Enclosed structures, such as barns, shall have a
minimum setback of fifty (50) feet from any property
lines.
5. The applicant shall provide a fence which has a
minimum height of four (4) feet and totally encloses
the property to be used in association with the
stable.
(13) Tenant Dwellings (Special Exception).
(a) Districts requiring SPECIAL EXCEPTION approval, (pursuant
to the provisions of 971.05):
A-1 A-2 A-3
(b) Additional information requirements:
1. The applicant shall submit a site plan which shall
include floor plans showing the size and dimensions
of all rooms.
2. Proof that the facilities are being inhabited solely
by the individuals or families who work on the farms
in the area.
3. Proof that the land upon which the tenant dwellings
shall be located is classified as agricultural land
for purposes of ad valorem tax assessment.
4. A site plan meeting all of the requirements of Chapter
914.
(c) Criteria for tenant dwellings:
1. Such use shall be accessory to productive agricultural
operations, having a minimum or forty (40) acres of
land.
2. The number of tenant dwelling units shall not exceed
the maximum density allowed on the farm area served,
as well as the open space and lot coverage
requirements of the zoning district.
3. To protect adjacent land uses, all tenant dwellings
shall be located at least two hundred (200) feet from
all property lines.
4. Housing shall be inhabited solely by persons and their
families who work on the farm, and the facilities
which may include mobile homes, shall satisfy all
688
provisions of the housing code and building code of
Indian River County.
5. Such facilities shall provide a minimum living area
per family unit or adult worker as is required by
State Law.
6. Paving requirements may be waived if other stabilized
materials used are approved by Board of County
Commissioners.
Section 971.09 RESERVED
Section 971.10
Commercial Entertainment, Recreation and
Amusements -Enclosed
(1) Health and Fitness Clubs (Administrative Permit and Special
Exception).
(a) Districts requiring ADMINISTRATIVE PERMIT approval,
(pursuant to the provisions of 971.04):
RM -6 RM -8 RM -10 CN
(b) Districts requiring SPECIAL EXCEPTION approval, (pursuant
to the provisions of 971.05):
RM -3 RM -4
(c) Additional information requirements: A site plan showing
the proposed floor plan and meeting all of the requirements
of Chapter 914.
(d) Criteria for health and exercise studios:
1. The total gross floor area shall not exceed two
thousand (2,000) square feet.
Section 971.11 Commercial Entertainment, Recreation and
Amusement -Unenclosed
(1) Driving Ranges (Administrative Permit and Special Exception).
(a) Districts requiring ADMINISTRATIVE PERMIT approval,
(pursuant to the provisions of 971.04):
A-1 A-2 A-3 CG CH
(nonresidential land use designated areas only)
(b) Districts requiring SPECIAL EXCEPTION approval, (pursuant
to the provisions of 971.05):
A-1 A-2 A-3
(residential land use designated areas only)
(c) Additional information requirements: Plans and
documentation shall be provided by the applicant as needed
to demonstrate compliance with the following requirements.
689
(d) Criteria for driving ranges:
1. Non -range areas. All areas except the range (ball
landing) area, including but not limited to the
parking, building, practice putting, and tee -off
areas, shall be located at least one hundred (100)
feet from any property having a residential land use
designation (criterion for administrative permit and
special exception applications).
2. Tree protection. No protected trees, as defined
within the Tree Protection, Chapter 927, shall be
removed from the range (ball landing) area unless the
applicant demonstrates that removal of the tree(s) is
necessary for safety reasons in the functioning of the
range (such as for ball retrieval),(criterion for
administrative permit and special exception
applications).
3. Exterior lighting. Lighting plans shall be provided
(and implemented) which demonstrate that no "spill
over" from exterior light sources shall fall onto
either roadways or residential zoning districts that
are adjacent to the project site (criterion for
administrative permit applications only).
4. No driving range shall be allowed on a site zoned A-
1, A-2, or A-3 unless that site has a nonresidential
land use plan designation (criterion for
administrative permit applications only).
5. In addition to criterion number 1, no building shall
be located within one hundred fifty (150) feet of the
project site property boundary (criterion for special
exception applications only).
6. The driving range shall be open and operated only
during daylight hours. Lighting of the range area is
prohibited. Exterior lighting of buildings may be
allowed for security purposes (criterion for special
exception applications only).
7. Access to the site must be off a thoroughfare plan
designated road; driving range traffic should not
impact local roads or residential areas (criterion
for special exception applications only).
8. At a minimum, a Type "C" buffer shall be provided
between any non -range area and adjacent property
having a residential land use designation (criterion
for special exception application only).
(2) Miniature Golf Courses (Administrative Permit and Special
Exception).
690
(a) District requiring ADMINISTRATIVE PERMIT
(pursuant to the provisions of 971.04);
CH
District requiring SPECIAL EXCEPTION approval,
to the provisions of 971.05):
CG
approval,
(pursuant
Additional information requirements: Plans and
documentation shall be provided by the developer as needed
to demonstrate compliance with the following requirements.
Criteria for miniature golf courses:
1. Bufferyard: A bufferyard having a minimum depth of
seventy-five (75) feet when adjacent to a single
family zoning district, fifty (50) feet when adjacent
to a multi -family district, shall be established and
maintained as permanent open space where the project
site parcel abuts a residential zoning district.
Within the bufferyard, type "A" screening shall be
provided.
2. Exterior lighting. Lighting plans shall be provided
(and implemented) which demonstrate that no "spill
over" from exterior light sources shall fall onto
either roadways or residential zoning districts that
are adjacent to the project site.
3. Hours of operation: Where a project site is within
two hundred (200) feet of a residential zoning
district, the establishment shall not be operated from
11:00 p.m. to 7:00 a.m.
4. Height limitations: Height limitations shall apply
to all structures within the project site.
5. Signs and images. All formed and fashioned images
located outdoors, such as representations of animals,
windmills, recreated scenes, and others which are
visible from an adjacent roadway or residential zoning
district shall be treated as signs and shall be
restricted by the zoning code sign regulations. Any
formed or fashioned images used outdoors which the
developer demonstrates are not visible from an
adjacent roadway or residential zoning district shall
be exempted from sign regulations.
6. Noise. Where a project site is within three hundred
(300) feet of a residential zoning district,
additional conditions may be added by the county to
address special noise impacts. Such conditions may
include, but are not limited to, setbacks, noise
reducing buffers, restrictions on outdoor speakers
and hours of operation.
691
(3) Unenclosed Commercial Amusements Except Miniature Golf Courses
and Driving Ranges (Special Exception).
(a) Districts requiring SPECIAL EXCEPTION approval, (pursuant
to the provisions of 971.05):
CH
(b) Additional information requirements: A site plan showing
the location and orientation of all principal structures
and facilities, the location, name and designation of all
streets providing direct and indirect ingress and egress
to the site and the location and specification of all
landscape materials; other plans and documents as needed
to demonstrate compliance with the following requirements.
(c) Criteria for unenclosed commercial amusements except
miniature golf courses and driving ranges:
1. All structures and facilities shall be oriented and
screened in such a manner that will not provide a
distraction to the motoring public on an adjacent
street.
2. Exterior lighting. Lighting plans shall be provided
(and implemented) which demonstrate that non "spill
over" from exterior light sources shall fall onto
either roadways or residential zoning districts that
are adjacent to the project site.
3. Height limitations. Height limitations shall apply
to all structures within the project site.
4. Signs and images. All formed and fashioned images
located outdoors, such as representations of animals,
windmills, recreated scenes, and others which are
visible from an adjacent roadway or residential zoning
district shall be treated as signs and shall be
restricted by the zoning code sign regulations. Any
formed or fashioned images used outdoors which the
developer demonstrates are not visible from an
adjacent roadway or residential zoning district shall
be exempted from sign regulations.
5. Noise. Where a project site is within three hundred
(300) feet of a residential zoning district,
additional conditions may be added by the county to
address special noise impacts. Such conditions may
include, but are not limited to setbacks, noise
reducing buffers, restrictions on outdoor speakers
and hours of operation.
6. Traffic control. Additional conditions may be added
by the county to address special traffic control
impacts related to sports and recreational events.
692
7. Bufferyard. A bufferyard having a minimum depth of
seventy-five (75) feet, when adjacent to a single
family zoning district, shall be established and
maintained as permanent open space where the project
site parcel abuts a residential zoning district.
Within the bufferyard, type "A" screening shall be
provided.
Section 971.12 Commercial Services
(1.) Building Material Sales and Lumberyards (Administrative Permit).
(a) Districts requiring ADMINISTRATIVE PERMIT approval,
(pursuant to the provisions of 971.04):
CG IL
(b) Additional information requirements:
1. A written statement defining the general inventory of
materials to be sold on the premises.
2. Statements disclosing the projected percentage of
total sales to be derived from wholesale activities.
3. A site plan showing the location of all principal
structures and all on-site storage areas.
(c) Criteria for construction material sales:
1. All materials to be sold on the premises must be
completely screened from adjacent properties and
roadways.
2. On-site vehicular storage shall be limited to those
vehicles used in the operation of establishment.
3. Such establishments shall not include the manufacture
of structural wood components, roof trusses, wall
units and other activities requiring the assembly of
wood products.
4. All wholesale activities shall be accessory to retail
sales conducted on the site.
(2) Outdoor Storage (unenclosed) (Administrative Permit)
(a) Districts requiring ADMINISTRATIVE PERMIT approval,
(pursuant to the provisions of 971.04):
CH
(b) Additional information requirements: A site plan showing
the location, dimensions, and area of all enclosed storage
areas and proposed unenclosed outdoor storage
693
areas (which shall consist of the entire area for storage
and spacing between merchandise items).
(c) Criteria for outdoor storage (unenclosed):
1. Outdoor storage shall be accessory in terms of use to
the principal use, and no case shall the outdoor
storage area exceed 75 percent of the total square
footage of the principal structure.
2. Items allowed to be stored outdoors shall be limited
to vehicles and equipment used in the operation of
the establishment, stocking and sales display of
items allowed to be sold (retail) in the CH District.
3. For purposes of calculating parking requirements for
outdoor storage of sales display items, the standards
used for the principal use shall apply.
4. All building setback requirements shall apply to the
outdoor storage area(s).
5. All outdoor storage areas containing stock and sales
display items shall be completely screened (horizontal
and vertical) from adjacent properties and roadways.
6. The surface material(s) criteria for the outdoor
storage area must be approved by the Public Works
department.
(3) Self-service Storage Facilities (Special Exception).
(a) District requiring SPECIAL EXCEPTION approval, (pursuant
to the provisions of 971.05):
CG
(b) Additional information requirements:
1. A written statement that no commercial activity,
vehicular service or repair, or storage of hazardous
materials shall be allowed and that this requirement
will be included in every tenant's lease agreement.
2. A site plan meeting all of the requirements of Chapter
914.
(c) Criteria for self -storage facilities:
1. Storage unit areas shall not exceed fifteen (15) feet
in height from storage buildings.
2. Storage units shall not exceed three hundred (300)
square feet in size.
694
3. Outdoor storage, other than for vehicles and boats,
is prohibited. Where outdoor storage of vehicles is
to occur, .a type "C" bufferyard shall be provided
between the outside storage area and adjacent right-
of-way and adjacent properties.
4. All outdoor lights shall be shielded to direct light
and glare only onto the self-service storage facility
premises. Light and glare shall be deflected, shaded
and focused away from all adjoining property.
5. Self-service storage facility sites shall not exceed
three (3) acres gross area.
6. Quarters for resident managers may be included within
the facility as an accessory use.
7. A type B landscape buffer shall be required between
all structures and adjacent rights-of-way.
Section 971.13 Commercial Uses
(1) Fruit and Vegetable Stands (Administrative Permit).
(a) Districts requiring ADMINISTRATIVE PERMIT approval,
(pursuant to the provisions of 971.04):
A-1 A-2 A-3
(b) Additional information requirements:
1. A site plan meeting all of the requirements of Chapter
914.
2. A statement identifying the hours during which the
stand will be operated.
(c) Criteria for fruit and vegetable stands:
1. No storage, sale or display of merchandise shall be
permitted within required front yards.
2. No vehicle shall be used as a place of business for
selling merchandise.
3. Such uses shall comply with the entry and exist ways,
off-street parking, yard and other applicable zoning
regulations of this Code.
4. A minimum separation distance of 3,000 lineal feet is
required between stands.
5. Fruit and vegetable stands must obtain a Temporary
Use Permit as delineated in Chapter 972.
6. Sites must be located in the AG Land Use Designation.
695
(2) Veterinary Clinic or Animal Hospital (Administrative Permit).
(3)
(a) Districts requiring ADMINISTRATIVE PERMIT approval,
(pursuant to the provisions of 971.04):
A-1 A-2 A-3 CG CH
(b) Additional information requirements:
1. A statement from the applicant indicating the types of
animals tobe cared for and the nature of all on-site
facilities shall be submitted.
2. The applicant shall submit a signed affidavit that no
permanent boarding of animals is taking place on site.
3. A site plan, pursuant to the requirements of Chapter
914..
(c) Criteria for veterinary clinic or animal hospital:
1. All facilities shall be located in an enclosed
structure.
2. Commercial boarding of animals may be allowed only as
an accessory use.
3. All buildings shall be at least thirty (30) feet from
any property line and shall be soundproofed in such a
manner that adequately mitigates and/or attenuates
noise impacts on adjacent properties.
Uses and Structures Accessory to OCR Projects (Administrative
Permit).
(a) District requiring ADMINISTRATIVE PERMIT approval (pursuant
to the provisions of 971.04):
OCR
(b) Additional informational requirements:
1. A statement on the project site plans giving the total
ground floor area of the project, and the total
combined floor area of carry -out only restaurants,
miscellaneous retail uses, and personal services.
(c) The following retail uses are allowed in the OCR district,
provided that such use(s) are not freestanding and that
such uses combined comprise no more than twenty (20)
percent of the ground floor area of the structure in which
they are located:
1. carry -out only restaurants,
2. miscellaneous retail
3. personal services
* Specific uses allowed as indicated in Chapter 911 for the OCR
district.
696
Section 971.14
Community Service Uses.
(1) Community Centers (Administrative Permit and Special
Exception).
(a) Districts requiring ADMINISTRATIVE PERMIT approval,
(pursuant to the provisions of 971.04):
RM -8 RM -10
(b) Districts requiring SPECIAL EXCEPTION approval, (pursuant
to the provisions of 971.05):
RS -6 RT -6 RM -3 RM -4 RM -6
RMH-8
(c) Additional information requirements:
1. Provide a site plan conforming with all requirements
of Chapter 914.
696.1
2. Depictthe location of all existing structures parking
facilities and the circulation plan for all adjacent
sites.
(d) Criteria for Community Centers:
1. No building or structure shall be located closer than
thirty (30) feet to any property line abutting a
residential use or residentially zoned property.
2. Access shall be from a roadway not designated higher
than a local roadway in the County Thoroughfare Plan
or as approved by the public works director.
3. Type "B" screening, as defined in Chapter 926, must
be provide along all property boundaries when the
facility is located within or adjacent to a
residential use or residentially zoned area.
(2) Correctional Institutions (Special Exception).
(a) Districts requiring SPECIAL EXCEPTION approval, (pursuant
to the provisions of 971.05):
A-1 A-2 A-3
(b) Criteria for correctional institutions:
1. All facilities must maintain a minimum one hundred
(100) foot setback from all property lines.
2. A Type "A" buffer is required on all property lines.
3. All lighting must be sufficiently screened from
adjacent properties.
(3) Cultural or Civic Facility (Administrative Permit and Special
Exception).
(a) Districts requiring ADMINISTRATIVE PERMIT approval,
(pursuant to the provisions of 971.04);
MED
(b) Districts requiring SPECIAL EXCEPTION approval, (pursuant
to the provisions of 971.05):
A-1 A-2 A-3 RFD RS -1
RM -8 RM -10
(c) Additional information requirements: A site plan which
denotes the location of all existing structures, parking
facilities, and the proposed circulation plan, pursuant to
the requirements of Chapter 914.
(d) Criteria for cultural or civic facility:
697
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 lien abutting a residentially designated
property.
3. Any accessory restaurant or ticket sales activities
to be included as part of the cultural or civic
facility shall conducted entirely within the building.
4. The facility must have thoroughfare road frontage.
5. Type "D" screening shall be provided between the
facility and adjacent properties that are
agriculturally or residentially designated.
(4) Educational Centers Including Schools, Primary and Secondary
(not including Business and Vocational Schools) (Special
Exception).
(a) Districts requiring SPECIAL EXCEPTION (pursuant to the
provisions of 971.05):
A-1 A-2 A-3 RFD RS -1
RS -2 RS -3 RS -6 RT -6 RM -3
RM -4 RM -6 RM -8 RM -10 ROSE -4
OCR MED CN CL CG
CH Con -1 Con -2
(b) Additional information requirements:
1. A site plan which denotes the location of all existing
structures, parking facilities, and the proposed
circulation plan, pursuant to the requirements of
Chapter 914.
2. A description of the anticipated service area and
projected enrollment shall be provided.
3. A copy of all requisite licenses from State of
Florida.
(c) Criteria for educational facilities:
1. Sites for secondary schools shall be located near
thoroughfares so as to discourage traffic along local
residential streets in residential subdivisions.
Elementary schools should be discouraged from locating
adjacent to major arterial roadways.
2. For the type of facility proposed, the minimum spatial
requirements for the site shall be similar to
698
standards utilized by the Indian River County school
board and the State of Florida.
3. No main or accessory building shall be located within
one hundred (100) feet of any property line not
adjacent to a street or roadway. No main or accessory
building shall be located within fifty (50) feet of
any property line abutting a local road right-of-way
that serves a single family area.
4. The applicant shall submit a description of
anticipated service area and projected enrollment, by
stages if appropriate, and relate the same to a
development plan explaining:
a. Area to be developed by construction phase.
b. Adequacy of site to accommodate anticipated
facilities, enrollment, recreation area, off-
street parking, and pedestrian and vehicular
circulation on site including loading, unloading
and queuing of school bus traffic.
c. Safety features of the development plan.
5. No rooms within the school shall be regularly used
for the housing of students when located in a Single -
Family Residential District.
6. 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.
7. The facilities shall have a Type "D" buffer in all
other residential districts not listed in #6 above.
(5) Emergency Services (Administrative Permit).
(a) Districts requiring ADMINISTRATIVE PERMIT approval,
(pursuant to the provisions of 971.04):
RS -2 RS -3 RS -6 RT -6
(b) Criteria for emergency services:
1. The site must access from a thoroughfare plan or
subdivision collector roadway.
2. Type "C" screening must be located between the
facility and adjacent residentially designated
property.
3. All outdoor lighting must be shielded from adjacent
residentially designated property.
(6) Governmental Administrative Building (Administrative Permit and
Special Exception).
699
(a) Districts requiring ADMINISTRATIVE PERMIT approval,
(pursuant to the provisions of 971.04):
PRO MED
(b) Districts requiring SPECIAL EXCEPTION approval, (pursuant
to the provisions of 971.05):
A-1 A-2 A-3 RFD RS -1
RS -2 RS -3 RS -6 RT -6 RM -3
RM -4 RM -6 RM -8 RM -10 RMH-8
(c) Additional information requirements: A site plan which
denotes the location of all existing structures, parking
facilities, and the proposed circulation plan, pursuant to
the requirements of Chapter 914.
(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.
4. The facilities shall have a Type "D" buffer in all
other residential districts not listed in #3 above.
Section 971.15-20 RESERVED
Section 971.21 Eating and Drinking Establishments.
(1) Bars and Lounges (Special Exception).
(a) Districts requiring SPECIAL EXCEPTION approval, (pursuant
to the provisions of 971.05):
CL
(b) Additional information requirements:
1. A site plan showing the location, use and zoning
designation of all properties within one thousand
(1,000) feet of the proposed use.
700
2. Proof of compliance with all state and local licensing
procedures and applicable laws shall be submitted.
3. Location and specification of all screening and
buffering materials.
(c) Criteria for bars and lounges:
1. The facilities and off-street parking areas
a minimum setback of thirty (30) feet
adjacent residential properties.
2. Outside serving areas shall be prohibited
adjacent to residential properties.
(2) Bottle Clubs. (Administrative Permit and Special Exception).
(a) Districts requiring ADMINISTRATIVE PERMIT approval,
(pursuant to the provisions of 971.04):
CH
must have
from a l l
in areas
(b) Districts requiring SPECIAL EXCEPTION approval, (pursuant
to the provisions of 971.05):
CG
(c) Criteria for bottle clubs:
1. A site plan conforming to all requirements of Chapter
914, which shows the use and zoning designation of all
properties within one thousand (1,000) feet of the
proposed use, and showing the location and type of
screening materials.
2. The required separation distance of one thousand
(1,000) feet shall be measured by following the
shortest route for ordinary pedestriar1 travel along
the public thoroughfare from the main entrance of such
place of business to the main entrance of the church
or in the case of a school, to the nearest point of
the school grounds in use as part of the school
facilities except:
a. Where such established church or school is within
the limits of an incorporated city or town and
the applicant for such license is outside such
incorporated city or town then, and in that
event, the place of business in the county must
be the same or a greater distance from such
church or school as is required by the ordinance
of the incorporated city or town wherein such
church or school is located.
b. Should a church or school be established after
the establishment of a place of business the
subsequently established church or school shall
701
not affect the location of the place of business
nor shall it affect a subsequent renewal or
transfer of any license of such a vendor.
c. Where such established church or school is
located in the county outside the limits of any
incorporated city or town but so near the limits
of one that under the ordinances of that city or
town such a vendor in such city or town could
receive a license within a distance less than
stipulated by this section then and in that
event, the place of business in this county
outside any city or town may be the same or a
greater distance from such church or school as
any such business duly licensed within such city
of town.
3. No structure or off-street parking area shall be
located within twenty-five (25) feet of any property
line abutting a residential district. A Type "B"
screening shall be required on all perimeter
boundaries abutting said residential district when
the bottle club is within a freestanding structure
and is the sole use of the property.
4. The hours of operation shall be limited to 7 a.m. to
1 a.m. on any given day of the week, including
Saturdays and Sundays, with the exception of December
31st (New Year's Eve) on which date the hours of
operation may be extended from 7 a.m. to 1 a.m., to
7 a.m. to 3 a.m.
(3) Carry -out Restaurants, Excluding Curb Service, Drive-in, Drive-
through and Similar Type Establishments (Special Exception).
(a) Districts requiring SPECIAL EXCEPTION approval, (pursuant
to the provisions of 971.05):
MED
The intended purpose for allowing the use is for
convenience to serve persons living and working within the
MED district.
(b) Additional information requirements:
1. The location and designation of all thoroughfares
providing direct and indirect access to the site.
2. The location of all hospital emergency entrances or
exits within five hundred (500) feet of the site.
(c) Criteria for carry -out restaurants and restaurants,
excluding curb service, drive-in, drive-through and similar
type establishments:
1. No site shall be located within five hundred (500)
feet of a hospital emergency entrance or exit.
702
2. No site shall be located adjacent to an arterial
roadway, as designated on the Indian River County
thoroughfare plan.
3. No establishment shall have direct access onto an
arterial roadway.
Section 971.22 Extractive Uses
(1) Mining (Administrative Permit)
(a) Districts requiring ADMINISTRATIVE PERMIT approval,
(pursuant to the provisions of 971.04):
A-1 A-2 A-3
(b) Criteria for mining operations:
1. A site plan meeting all requirements of Chapter 914.
2. A reclamation plan including littoral zone plan and
water quality management plan, as applicable.
3. All mining activities must comply with Chapter 934,
Excavation and Mining.
4. All mining sites shall have direct access to a
collector or arterial roadway or to a local road that
only serves nonresidential uses (or properties
designated for non-residential uses) in an area
designated for nonresidential uses.
5. No dewatering shall occur within one thousand (1,000)
feet of any platted subdivision that is not serviced
by public water.
Section 971.23 RESERVED
Section 971.24 General Office Uses.
(1)
Model Mobile Home Display (Administrative Permit).
(a) Districts requiring ADMINISTRATIVE PERMIT approval,
(pursuant to the provisions of 971.04):
CG
(b) Additional information requirements:
1. A site plan showing the location, dimensions, and area
of the real estate sales or information office and the
model mobile home display in compliance with Chapter
914.
(c) Criteria for model mobile home display:
703
1. A model mobile home display unit may only be located
on a site in conjunction with a real estate sales or
information office and the model mobile home display.
2. No more than one (1) model mobile home display unit
may be located on a real estate sale or information
office site.
3. For purposes of calculating parking requirements for
the model mobile home display unit, the standards used
for office developments shall apply.
4. Model mobile home display units shall:
a. Be provided with undercarriage skirting; and
b. Be provided with a landscape strip having a
minimum width of ten (10) feet between the unit
and any adjacent road right-of-way. The required
landscape strip area shall include a hedge of at
least two (2) feet in height at the time of
planting.
5. All building setback requirements shall apply to the
model mobile home.
6. A separation distance of one thousand (1,000) feet
between model mobile home display sites is required.
No model mobile home display unit may be approved to
be located closer than one thousand (1,000) feet to
an existing display site approved and located under
these administrative permit regulations.
7. No real estate sales or information sales operations
shall be conducted within the mobile home. The mobile
home unit is for display purposes only, and may not
be occupied as an office or residence.
Section 971.25 RESERVED
Section 971.26 Industrial uses.
(1) Fruit and Vegetable Juice Extraction and Packing Houses
(Administrative Permit and Special Exception)
(a) Districts requiring ADMINISTRATIVE PERMIT approval,
(pursuant to the provisions of 971.04):
A-1 A-2 A-3 IL
(b) Districts requiring SPECIAL EXCEPTION approval, (pursuant
to the provisions of 971.05):
Fruit and Vegetable Extraction CH
Fruit and Vegetable Packing House CG CH
704
(c) Additional information requirements: A site plan meeting
all requirements of Chapter 914 which shows the zoning
designation of all abutting properties.
(d) Criteria for fruit and vegetable juice extraction and
packing House:
1. The internal circulation system shall be designed in
such a manner that it will not require trucks to back
into the facility from any public right-of-way.
2. Retail sale of fruit and vegetables shall be allowed
only when accessory to a packing house only with a CG
District.
3. No off-street parking or loading area shall be located
within fifty (50) feet of a property line abutting a
residentially designated property.
4. Type "C" screening and buffering shall be required
along all boundaries abutting a zoning district other
the IL, IG, or CH.
(2) Recycling Centers (Administrative Permit)
(a) Districts requiring ADMINISTRATIVE PERMIT approval,
(pursuant to the provisions of 971.04):
A-1 A-2 A-3 CH
(b) Criteria for Recycling Centers:
1. A site plan meeting all the requirements of Chapter
914.
2. A Type "B" buffer provided on all boundaries which
have non-commercial uses on adjacent properties.
3. All stored recycling materials must be completely
screened from adjacent properties and road rights-
of-way.
ights-
of-way.
Section 971.27 Industrial Uses - Very Heavy.
(1) Demolition Debris Sites (Special Exception)
(a) Districts requiring SPECIAL EXCEPTION approval, (pursuant
to the provisions of 971.05):
A-1 A-2 A-3 IG
(b) Additional information requirements: A site plan meeting
all the requirements of Chapter 914, which shows the
location and specification of all screening materials, the
location and designation of all thoroughfare roads which
serve the site and all zoning districts within five hundred
(500) feet of the site.
705
(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 type "D" 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.
(2) Junk and Salvage Yards (Special Exception).
(a) Districts requiring SPECIAL EXCEPTION approval, (pursuant
to the provisions of 971.05):
IG
(b) Additional information requirements: A site plan meeting
all requirements of Chapter 914, which shows the location
and specification of all screening materials, the location
and designation of all thoroughfares serving the site and
all zoning districts within five hundred (500) feet.
(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) per cent opaque fence or wall at least eight
(8) feet in height, with a Type "D" 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.
706
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.
Section 971.28 Institutional Uses.
(1) Child Care and Adult Care Facilities (Administrative Permit and
Special Exception).
(a) Districts requiring ADMINISTRATIVE PERMIT approval,
(pursuant to the provisions of 971.04):
A-1 A-2 A-3 RFD RM -,8
RM -10 RMH-6 RMH-8 ROSE -4 PRO OCR
CN
(b) Districts requiring SPECIAL EXCEPTION approval, (pursuant
to the provisions of 971.05):
RS -1 RS -2 RS -3 RS -6 RT -6
RM -3 RM -4 RM -6 AIR -1
(c) Additional information requirements:
1. A site plan which shows all adjacent paved public
roads as well as the nearest major thoroughfare, all
off-street parking facilities, and the location and
size of all proposed buildings, structures and signs
on the site and adjacent properties, pursuant to the
requirements of Chapter 914.
2. Evidence shall be provided that minimum requirements
to qualify for a State of Florida license have been
satisfied.
3. Child care facilities shall describe the type of
playground equipment and playground area, if any,
which is to be utilized.
(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
707
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. Childcare -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 6' opaque buffer or 150' setback
between all outdoor recreation areas and adjacent
residentially designated properties.
5. A Type "D" buffer will be required, acceptable to the
planning department.
(2) Civic and Social Membership Organization Facilities
(Administrative Permit)
(a) Districts requiring ADMINISTRATIVE PERMIT approval,
(pursuant to the provisions of 971.04):
MED
(b) Additional information requirements:
1. A written statement specifically describing the nature
of the organization and its relationship to the
permitted principal uses within the MED District.
2. A site plan meeting all of the requirements of Chapter
914.
(c) Criteria for civic and social membership organizations:
1. All such organizations shall be related to the
permitted principal uses within the MED District
2. Buffering of the project shall consist of a Type "D"
buffer where abutting the MED District and Type "C"
for adjacent residential properties.
(3) Group Homes: Levels I, II, III, and Residential Center
(Administrative Permit and Special Exception).
(a) Districts requiring ADMINISTRATIVE PERMIT approval,
(pursuant to the provisions of 971.04):
Level I:
RS -3 RS -6 RT -6 RM -3 RM -4
RM -6
Level II and III:
RM -8 RM -10
(b) Districts requiring SPECIAL EXCEPTION approval, (pursuant
to the provisions of 971.05):
Level II and III:
RT -6 RM -3 RM -4 RM -6
Residential centers:
RM -6 RM -8 RM -10 CL
CH RM -3 RM -4
CG
(c) Additional information requirements:
1. A site plan which denotes the location of all
structures, parking facilities, and the proposed
circulation plan, pursuant to the requirements of
Chapter 914.
2. A floor plan showing the location, size, and space
utilization of each room shall be submitted.
3. The applicant shall submit a signed affidavit stating
that all applicable regulations of the State of
Florida and Indian River County as currently exist
have been satisfied.
(d) Criteria for group homes: Level I, II, III and residential
centers. Group homes shall be distinguished by their
resident capacity as follows:
1. Level I group home, up to eight (8) residents
including caretaker(s) per shift);
2. Level II group home, up to twelve (12) residents
including caretaker(s) per shift;
3. Level III group home, up to twenty (20) residents
including caretaker(s) per shift; and
709
4. Residential centers, twenty-one (21) or more residents
including caretaker(s) per shift.
(e) Those group homes whose residents are service -department
persons requiring special protection or custodial care in
order to meet their emotional and/or physical needs must
meet all licensing requirements from the Department of
Health and Rehabilitative Services of the State of Florida.
1. The use shall satisfy all applicable regulations of
the State of Florida and Indian River County as
currently exist.
2. The approving body shall determine that the proposed
use is compatible with the surrounding neighborhood
in terms of intensity of land use. As a measure of
land use intensity, the expected number of persons
per acre of the proposed use is equivalent to the
number of persons per acre allowed within the
respective zoning district. The number of persons per
acre within the zoning district can be derived by
multiplying the density (d.u./acre) by household size
estimates for that structure type. For the purposes
of this section, the following household size
estimates shall apply: single family homes, 2.5 person
per dwelling unit; multiple family, 2.0 persons per
dwelling unit. The persons per acre intensity of the
group home shall not exceed one and one-half times the
intensity of adjacent residential zoning district(s).
3. To avoid unsafe or unhealthy conditions that may be
produced by the overcrowding of persons living in
these facilities, a minimum floor area per person
shall be required. Floor area requirements shall be
measured from interior walls of all rooms including
closet space.
a. Total interior living space. A minimum of two
hundred (200) square feet of interior living
space shall be provided per facility resident.
Interior living space shall include sleeping
space and all other interior space accessible on
a regular basis to all facility residents.
b. Minimum sleeping areas. A minimum of eighty (80)
square feet shall be provided in each sleeping
space for single occupancy. A minimum of sixty
(60) square feet of sleeping space shall be
provided for each bed in a sleeping space for
multiple occupancy.
c. Bathroom facilities. A full bathroom with toilet,
sink and tub or shower shall be provided for each
five (5) residents.
710
4. To avoid an undue concentration of group care
facilities in one area, all such facilities shall be
located at least one thousand two hundred (1,200) feet
apart, measured from property line to property line.
5. If located in a single-family area, the home shall
have the appearance of a single-family home.
Structural alterations or designs shall be of such a
nature as to preserve the residential character of the
building.
6. The facility shall satisfy all applicable off-street
parking requirements of Chapter 954. The facility
shall meet or exceed all open space requirements for
the respective zoning district.
7. The maximum capacity of such facilities shall not
exceed the applicable number permitted by the
department of health and rehabilitative services.
8. Group home permits are transferable. If the type of
resident/client changes or the resident capacity
increases to such an extent that it would raise the
facility to a higher level group home as distinguished
by the definition, the facility must be reevaluated
for an administrative permit or special exception
approval.
(4) Homes for the Aged, including Nursing Homes, Rest Homes, and
Convalescent Homes (Special Exception).
(a) Districts requiring SPECIAL EXCEPTION approval, (pursuant
to the provisions of 971.05):
CL CG
(5)
(b) Additional information requirements:
1. A site plan, pursuant to the requirements of Chapter
914.
2. A license issued by the State of Florida, pursuant to
Chapter 400 of the Florida Statutes.
(c) Criteria for nursing homes, rest homes, convalescent homes
and homes for the aged.
1. All such facilities shall be located near a collector
or arterial roadway.
2. Type "D" buffering shall be required along the
perimeter boundaries of the site. Along boundaries
where more intense buffering is required, the more
intense buffering requirement shall apply.
Places of Worship (Administrative Permit and Special
Exception).
711
Districts requiring ADMINISTRATIVE PERMIT approval,
(pursuant to the provisions of 971.04):
RM -8 RM -10 RMH-6 RMH-8 CRVP
Districts requiring SPECIAL EXCEPTION
provisions of 971.05):
RFD RS -1 RS -2 RS -3
RT -6 RM -3 RM -4 RM -6
AIR -1
(pursuant to the
RS -6
ROSE -4
Additional information requirements: The site plan shall
denote the location of all existing structures, parking
facilities, and the proposed circulation plan, pursuant to
the requirements of Chapter 914.
Criteria for places of worship:
1. No building or structure shall be located closer than
thirty (30) feet to any property line abutting a
residential use or residentially designated property.
2. Access shall be from a major thoroughfare unless
otherwise approved by the Public Works Department.
3. Any accessory residential use, day care facility or
school upon the premises shall provide such additional
lot area as required for such use by this section and
shall further be subject to all conditions set forth
by the reviewing procedures and standards for that
particular use. Accessory residential uses may include
covenants, monasteries, rectories or parsonages as
required by these regulations.
4. Type "C" screening shall be provided along all
property boundaries where the facility is located
adjacent to a single family residentially designated
property. Type "D" screening shall be provided along
all property boundaries when the facility is located
adjacent to a multiple -family residentially designated
property.
(6) Residential Treatment Centers (Special Exception).
(a) District requiring SPECIAL EXCEPTION approval, (pursuant
to the provisions of 971.05):
CL CG CH RM -6
RM -8 RM -10
(b) Additional information requirements:
1. A site plan which denotes the location of all
structures and parking facilities, and meets all
requirements of Chapter 914.
2. A floor plan showing the location, size, and space
utilization of each room shall be submitted.
712
3. The applicant will identify any and all residential
treatment facilities located within two thousand
(2,000) feet of the site.
4. The applicant shall submit a signed affidavit stating
that all applicable regulations of Indian River County
and the State of Florida as exist at the time of
approval have been satisfied.
(c) Criteria for residential treatment centers.
1. Residential treatment centers shall be defined as
secure treatment facilities treating in -patients and
providing a living environment which includes the
supervision and care necessary to meet physical,
emotional and/or social needs of clients. Residential
treatment centers may house a number of unrelated
individuals undergoing treatment and staff members
responsible for treatment. Residential treatment
centers must meet all licensing requirements of the
Department of Health and Rehabilitative Services of
the State of Florida.
2. To avoid unsafe or unhealthy conditions that may be
produced by the overcrowding of persons living in
these facilities, a minimum floor area per person
shall be required. Floor area requirements shall be
measured from interior walls of all rooms including
closet space.
a. Total interior living space. A minimum of two
hundred (200) square feet of interior living
space shall be provided per facility resident.
Interior living space shall include sleeping
space and all other interior space accessible on
a regular basis to all facility residents.
b. Minimum sleeping areas. A minimum of eighty (80)
square feet shall be provided in each sleeping
space for single occupancy. A minimum of sixty
(60) square feet of sleeping space shall be
provided for each bed in a sleeping space for
multiple occupancy.
c. Bathroom facilities. A full bathroom with toilet,
sink and tub or shower shall be provided for each
five (5) residents.
3. The facility shall provide parking at a rate of one
space per five hundred (500) square feet of gross
floor area and comply with all other aspects of the
off-street parking requirements of Chapter 954.
713
4. The maximum capacity of residential treatment centers
shall not exceed the applicable number permitted by
the Department of Health and Rehabilitative Services.
5. No residential treatment center shall be located
within one thousand two hundred (1,200) feet of any
other residential treatment facility, measured between
the closest points of property.
6. Residential treatment centers shall have a twenty foot
buffer strip with Type "A" screening at all points
where they abut residentially designated property.
Total Care Facilities (Special Exception).
(a) Districts requiring SPECIAL EXCEPTION approval, (pursuant
to the provisions of 971.05):
RM -8 RM -10
(b) Additional information requirements:
1. A site plan, pursuant to the requirements of Chapter
914.
2. Any license(s) required by the State of Florida shall
be provided.
(c) Criteria for total care facilities:
1. The density of development within the total care
facility shall not exceed the density limitations of
the zoning district within which the project is
proposed. Living units with cooking facilities shall
count as one dwelling unit, and living units without
cooking facilities shall count as two-thirds of a
dwelling unit for the purposes of calculating the
density of development.
2. The total care facility shall be primarily residential
in character; however, convalescent and nursing homes,
centralized eating facilities for residents of the
facility, medical facilities (excluding freestanding
medical offices), and similar uses associated with the
long or short-term care of patients may be included
as part of the project.
3. Nonresidential and non -recreational land uses included
as part of the total care facility shall not exceed
twenty (20) per cent of the gross residential floor
area contained therein.
4. The total care facility shall maintain a minimum of
fifty (50) per cent open space on the parcel in which
it is located.
714
5. No building or structure shall be located closer than
thirty (30) feet to any lot line which abuts a
residentially designated property.
6. No off-street parking shall be located closer than
fifteen (15) feet to any lot line which abuts a
residentially designated property.
7. Adequate provisions shall be made for service vehicles
with access to the building at a side or rear
entrance.
Section 971.29-34 RESERVED
Section 971.35 Marine Related Commercial Activity
(1) Boat Sales and Rental (Administrative Permit).
(a) Districts requiring ADMINISTRATIVE PERMIT approval,
(pursuant to the provisions of 971.04):
CG
(b) Additional information requirements:
1. A site plan meeting all requirements of Chapter 914
and which shows the zoning and land use designation
of all properties within one hundred (100) feet of
the proposed site.
2. A written statement specifically stating the
activities to be conducted on the site.
(c) Criteria for boat sales and rentals:
1. All off-street parking, loading, and sales areas
shall have a paved surface which meets the standard
of Chapter 954.
2. No outdoor storage other than the display of
watercraft for sale or rent shall be permitted on the
site.
3. No outdoor sales or rental storage lot shall be
located within fifty (50) feet of a residentially
designated property.
(2) Commercial Fisheries (Administrative Permit).
(a) District requiring ADMINISTRATIVE PERMIT approval,
(pursuant to the provisions of 971.04):
CG
(b) Additional information requirement:
715
1. A site plan pursuant to Chapter 914 showing the
location of all on-site storage areas and the zoning
and land use designation of all properties within one
hundred (100) feet of the proposed site.
c. Criteria for commercial fisheries:
1. No building or structure shall be located within one
hundred (100) feet of any property line abutting a
residentially designated property.
2. No off-street parking or loading areas shall be
located within fifty (50) feet of a property line
abutting a residentially designated property.
3. No outdoor sales or storage shall be permitted on the
site.
(3) Commercial Marinas (Special Exception)
(a) Districts requiring SPECIAL EXCEPTION approval, (pursuant
to the provisions of 971.05):
CG CH
(b) Additional information requirements:
1. A written statement specifically describing the
activities to be conducted on the proposed site.
2. A site plan showing the location of all on-site
storage areas and the zoning designation of all
properties within two hundred (200) feet of the
proposed site.
3. Written verification of compliance with all applicable
local, state, and federal permitting and regulatory
procedures.
4. An environmental impact survey describing in detail
any real or potential adverse impacts on existing or
potential natural resources in the vicinity of the
proposed site, including, but not limited to: aquatic
and shoreline vegetation, water circulation and
turbidity, waterway widths, depths and shoreline
contours, existing wetland or impoundment areas on
site, and known or potential seagrass, fishery, or
manatee habitats within one thousand (1,000) feet of
the proposed site.
(c) Criteria for commercial marinas:
1. Point and non -point discharges from upland activities
associated with marinas shall not be permitted to
enter adjacent estuarine surface waters.
716
2. Marinas operations must comply with a required
pollution mitigation plan which addresses at a
minimum: fuel storage/spill management, contaminated
runoff collection, and water pollution clean-
up/control procedures and appropriate personnel
training. All pollution mitigation plans shall be
reviewed and approved by all appropriate reviewing
agencies, including the environmental planning
section,and the environmental health department, as
part of the special exception use review and approval
process. Plans shall include a requirement that an
inventory of all pollution response materials and
emergency contracts shall be maintained and updated
every four (4) years, as approved by environmental
planning, environmental health and emergency
management.
3. Commercial marinas shall be designed and sited in
order to minimize degradation of water quality and
circulation patterns and adverse impacts to marine
habitats. Commercial marinas shall not be permitted
in FDNR approved shellfish propagation or harvesting
areas.
4. Site locations shall have a minimum average water
depth of four (4) feet as measured at mean low water.
All marina access shall be through existing channels
or through areas of greater than four (4) foot water
depth. The dredging of new channels to provide marine
access to a site is prohibited. Maintenance dredging
of existing channels shall be the minimum necessary
and shall not exceed eight (8) feet in depth, as
measured from mean low water. All dredging activities
must first obtain all necessary permits/reviews from
the Army Corps of Engineers, FDNR, FDER, St. John's
Water Management District and/or any other agency with
applicable jurisdiction. Dredging shall be prohibited
in FDNR recognized seagrass and shellfish areas,
unless specifically permitted by FDNR. All work which
affects seagrass or shellfish areas shall be subject
to the provision of Chapter 932, and Chapter 928.
5. All approved marinas shall require sufficient upland
areas to accommodate all needed utilities and marina
support facilities, including parking, setbacks,
lighting, open space, public facilities, drainage and
pollution mitigation criteria.
6. Marinas shall be required to display and maintain all
applicable navigation, warning and manatee awareness
markings, as approved by the Florida Marine Patrol,
the Florida Department of Natural Resources, the U.S.
Army Corps of Engineers, the Indian River County
Planning Department, the Florida Inland Waterway
Navigation District, and any additional reviewing
717
agency with appropriate jurisdiction. All marinas
shall participate in
manatee awareness programs and provide educational
information for marina users.
7. Commercial marinas shall include boat liveries and
marinas; boat yards shall not be allowed.
8. No building or structure shall be located closer than
one hundred (100) feet to any lot line which abuts
property having a residential land use designation.
9. No off-street parking, loading or vehicular sales area
shall be located within fifty (50) feet of a lot line
abutting a residential district.
10. All repair and maintenance activities shall be
conducted within a structure.
11. All outdoor sales and storage lots shall have a paved
surface which meets the standards of Chapter 954, as
applicable.
12. Type "A" screening shall be provided along all
property lines which abut a residential district.
13. All commercial marinas shall be required to install
and maintain, in working condition, sewage pump -out
facilities in accordance with the following criteria:
a. Pump -out facilities shall incorporate marina wide
systems, portable/mobile systems, slipside
systems or a combination of these and shall be
approved and inspected by the environmental
health department on a regular basis;
b. Effluent shall be collected for forwarding to
approved public facilities or directly deposited
to approved public or private facilities. With
county and appropriate state or federal approval,
properly treated "fray water" may be utilized for
landscape irrigation, provided this use does not
endanger the health, safety or welfare of the
population or the environment and its flora and
fauna; and
c. Pump -out facilities shall be located to provide
unconstrained access to watercraft.
(4) Marine Repair and Service (Administrative Permit).
a. Districts requiring ADMINISTRATIVE PERMIT (pursuant to the
provisions of 971.04):
CG
718
b. Additional information requirements: A site plan meeting
all the requirements of Chapter 914 and showing the zoning
and land use designation of all abutting properties.
c. Criteria for marine repair and service:
1. Such activities shall not include boat yards, as
defined in Chapter 901.
2. No outdoor storage shall be allowed on the premises.
3. No building or structure shall be located within one
hundred (100) feet of a property line which abuts a
residentially designated property.
Section 971.36-39 RESERVED
Section 971.40 Recreational Uses.
(1) Country Clubs (Administrative Permit and Special Exception).
(a) Districts requiring ADMINISTRATIVE PERMIT approval,
(pursuant to the provisions of 971.04):
A-1 A-2 A-3 CRVP
(b) Districts requiring SPECIAL EXCEPTION approval, (pursuant
to the provisions of 971.05):
RFD RS -1 RS -2 RS -3 RS -6
RT -6 RM -3 RM -4 RM -6 RM -8
RM -10 RMH-6 RMH-8 AIR -1
(c) Additional information requirements: A site plan meeting
the requirements of Chapter 914.
(d) Criteria for country clubs:
1. Such facilities may include restaurants with alcoholic
beverage licenses provided that no such establishment
is located within one thousand (1,000) feet of the
front door of any church and all property lines of any
school. In addition, such establishments shall not be
open to the general public.
2. No principal or accessory building shall be located
closer than forty-five (45) feet to any street line
or closer than one hundred (100) feet to any lot line
which abuts a single-family zoning district.
3. No off-street parking or loading area shall be located
closer than twenty-five (25) feet to any residentially
designated property.
4. Where such uses involve golf courses, tennis courts,
marinas or any other recreational uses for which
standards are set forth in Section 971.40, the
719
proposed use shall also be subject to such standards
and procedures, unless a waiver is granted by the
decision making body because the standards are not
applicable to the type or intensity of use proposed.
5. All multipurpose recreational clubs authorized herein
shall be located either adjacent to a major
thoroughfare or located within a project which is
adjacent to a major thoroughfare.
6. All outdoor lighting shall be adequately shielded in
order to prevent reflection onto adjacent properties.
7. A landscaped bufferyard with Type "C" screening, shall
be required adjacent to all residentially designated
land.
(2) Dude Ranches (Special Exception).
(a) Districts requiring SPECIAL EXCEPTION approval, (pursuant
to the provisions of 971.05):
A-1 A-2 A-3
(b) Criteria for Dude Ranches:
(3)
1. Provide a site plan which meets all the requirements
of Chapter 914, which shows all facilities.
2. The site must be located on a minimum of 40 acres of
property.
3. All lodging facilities must maintain a minimum 200
foot setback from all property lines.
4. The overall density allowed shall be one person per
five acres of land.
5. Setback requirements for a barn or housing facilities
shall follow the underlying zoning district.
Requirements for stables shall follow the criteria
listed in 971.08(9).
6. The applicant must provide with the application a
written statement of use for the facility.
Golf Courses and Accessory Facilities (Administrative Permit
and Special Exception).
(a) Districts requiring ADMINISTRATIVE PERMIT approval,
(pursuant to the provisions of 971.04):
A-1 A-2 A-3
720
(b) Districts requiring SPECIAL EXCEPTION approval, (pursuant
to the provisions of 971.05):
RFD RS -1 RS -2 RS -3 RS -6
RT -6 RM -3 RM -4 RM -8 RM -10
RMH-6 RMH-8 ROSE -4
(c) Additional information requirements:
1. The location and designation of all zoning and land
use designations abutting the site.
2. A site plan meeting the requirements of Chapter 914.
(d) Criteria for golf courses and accessory facilities:
1. Golf courses and accessory facilities shall not be
interpreted to include freestanding commercial
miniature golf courses and/or driving ranges or other
unenclosed commercial amusements.
2. No major accessory use or principal building or
structure shall be located closer than one hundred
(100) feet to any lot line which abuts a residentially
designated property.
3. Golf courses shall, to the most reasonable extent,
retain and preserve native vegetation over at least
thirty (30) per cent of the total upland area of the
course due to their characteristically high water
demand and heavy nutrient loads.
4. The golf courses shall be designed so that any
lighting is shielded and directed away from
residential areas.
5. Type "B" screening shall be provided between golf
maintenance facilities and adjacent residentially
designated property within two hundred (200) feet of
the golf maintenance facility.
(4) Commercial Hunting and Fishing Lodges (Special Exception).
(a) Districts requiring SPECIAL EXCEPTION approval, (pursuant
to the provisions of 971.05):
A-1 A-2 A-3
(b) Criteria for Hunting and Fishing Lodges:
1. The principal use/structures, including all lodge
buildings, must be located on a minimum of five (5)
acres.
2. The principal use site must be accessory to five
hundred (500) acres for the hunting and fishing
721
facilities. Any lake may be used as part of the
acreage.
3. Hunting lodges must provide:
a. paved driveway aprons; and
b. non -paved, stabilized surface parking areas may
be used, as approved by the public works
division.
4. Fishing lodges must provide:
a. an environmentally sound site management plan
submitted with the site plan, approved by the
environmental planning staff; and
b. a separation distance of two hundred (200) feet
between the fishing facilities and other uses on
site.
Major Sports and Recreation Areas and Facilities (Special
Exception).
(a) District requiring SPECIAL EXCEPTION approval, (pursuant
to the provisions of 971.05):
A-1 A-2 A-3
(b) Additional information requirements: The site plan shall
denote the location of all existing structures, parking
facilities, and the proposed circulation plan for the
facility, pursuant to the requirements of Chapter 914.
(c) Criteria for major sports areas and facilities:
1. All buildings and structures shall be at least thirty
(30) feet from all property lines.
2. Off-street parking shall be provided in the ratio of
a minimum of one space to every four (4) seats.
3. All facilities shall be located on a principal or
arterial street, as established in the county
thoroughfare plan.
4. The facility shall be designed so that any outdoor
lighting is shielded and directed away from any
residentially designated areas.
5. The facility must be located on a site no smaller than
twenty (20) acres.
722
(6) Off -Road Vehicle Tracks (Special Exception)
(a) Districts requiring SPECIAL EXCEPTION approval, (pursuant
to the provisions of 971.05):
A-1 A-2 A-3
(b) Additional information requirements: A site plan meeting
all the requirements of Chapter 914.
(c) Criteria for off-road vehicle tracks:
1. The track must be designed to minimize impact to
native vegetative plant communities.
2. The track must be designed to setback a minimum of
four hundred (400) feet from any adjacent property
boundary.
3. The project must be located on a site no smaller than
forty (40) acres.
4. The project must demonstrate compliance with Indian
River County's noise and vibration control
regulations.
5. The site must maintain dust control regulations.
6. No storage of gasoline shall be allowed on site.
7. Type "A" buffering with a six (6) foot opaque feature
is required on boundaries adjacent to residential
uses.
8. No commercial tracks shall be allowed.
9. Outdoor lighting shall be restricted and shall be
shielded from adjacent property.
(7) Parks and Playgrounds Open to the ‘Public (Administrative Permit
and Special Exception).
(a) Districts requiring ADMINISTRATIVE PERMIT approval,
(pursuant to the provisions of 971.04):
A-1 A-2 A-3 RFD RS -1
RS -2 RS -3 RS -6 RT -6 RMH-8
ROSE -4 CRVP RM -3 RM -4 RM -6
RM -8 RM -10
(b) Districts requiring SPECIAL EXCEPTION approval, (pursuant
to the provisions of 971.05):
Con -1 Con -2
723
(c) Additional information requirements:
1. The location and size of all buildings, structures,
and all off-street parking and loading facilities,
pursuant to the requirements of Chapter 914.
2. A statement by the applicant identifying the specific
types of activities and programs which are to be
associated with the use shall be submitted.
(d) Criteria for public parks and playgrounds:
1. No off-street parking or loading areas of buildings
and structures shall be located closer than twenty
(20) feet to any property line abutting a
residentially designated district.
2. Any recreational use equipped with lighting to allow
the use of the facility after sunset shall be designed
such that:
a. all lights are shielded from shining into
residentially designated adjacent properties;
and
b. hours of operation and/or special design
techniques are used to mitigate noise impacts,
especially during evening and nighttime hours.
3. Buffering of the project shall be sufficient to not
adversely affect adjacent property.
(8) Public/Private Multi -Slip Facilities (Special Exception)
(a) Districts requiring ADMINISTRATIVE PERMIT approval,
(pursuant to the provisions of 971.04):
Private Multi -slip facilities:
RS -1 RS -2 RS -3 RS -6
RM -3 RM -4 RM -6 RM -8
RT -6
RM -10
(b) Districts requiring SPECIAL EXCEPTION approval, (pursuant
to the provisions of 971.05):
Public/Private Multi -slip facilities:
RS -1 RS -2 RS -3 RS -6
RM -3 RM -4 RM -6 RM -8
(c) Additional information requirements: A site
the location, dimensions and area of dock
meeting all requirements of Chapter 914.
724
RT -6
RM -10
plan showing
facility and
(d) Criteria for public/private multi -slip facilities:
1. Facilities must be located in a single-family or
multi -family zoning district.
2. Facilities must be constructed in association with a
multi -family development, a residential development,
or a public park area.
3. Facilities must be authorized by all local, state,
and federal jurisdictional agencies, or have been
granted express waivers therefrom, prior to
construction.
4. Berthing slips must be made available for renting to
the public (natural persons) at large, in such
quantities or ratio as may be required by the
Department of Natural Resources, the trustees of the
Internal Improvement Fund, or both, according to the
size of the docking facility.
5. Public access to any public/private docking facility
shall be in a manner which provides minimum impact to
surrounding residential uses.
6. Sewage pump -out facilities must be included in
public/private docking facilities having or exceeding
ten (10) slips for vessels greater than twenty-five
(25) feet. These facilities shall be consistent with
Section 971.35(13).
7. All facilities must meet or exceed the minimum
criteria set forth by applicable federal, state and
local reviewing agencies. The applicant shall be
required to secure all necessary permits from said
agencies prior to site plan release.
8. Dredging of new channels is not permitted for new
multi -slip facilities. All proposed maintenance
dredging shall be the minimum necessary. Maintenance
dredging of channels for multi -slip facilities shall
not exceed six (6) feet in depth, measured from mean
low water.
9. Live-aboards shall not be permitted in association
with private multi -slip facilities.
(e) Criteria for private multi -slip facilities:
1. A site plan showing the location, dimensions and area
of the dock facility, showing all waterway widths,
water depths, shoreline contours, aquatic and
shoreline vegetation and marine habitats within five -
hundred (500) feet of the proposed facility.
725
2. The facility must be located in a single-family or
multi -family zoning district.
3. The facility must be constructed in association with
a multi -family development or a residential
subdivision.
4. The facility must be authorized by all local, state
and federal jurisdictional agencies, or have been
granted express waivers therefrom, prior to site plan
release.
5. The facility must meet, at a minimum, the general
criteria set forth by Section 932.06, Piers, Docks
and Boatslips.
6. Live-aboards shall not be permitted in association
with private multi -slip facilities.
7. Private multi -slip facilities with ten (10) or more
berthing slips for vessels twenty-five (250 feet or
larger shall be required to meet the criteria set
forth in section 971.40(8)(d).
8. No dredging of new channels shall be permitted for
private multi -slip facilities. Maintenance dredging
of existing channels shall not exceed six (6) feet in
depth, measured at mean low water. Dredging shall not
occur in FDNR recognized shellfish harvesting or
propagation areas.
9. The number of berthing slips shall not exceed three
(3) per fifty (50) feet of linear shoreline, or two
(2) per associated dwelling unit, whichever is less.
(9) Tennis Clubs and Beach Clubs (Special Exception).
(a) Districts requiring SPECIAL EXCEPTION approval, (pursuant
to the provisions of 971.05):
Beach Clubs - RM -3 RM -4 RM -6 RM -8
RM -10
Tennis Facilities - RM -3 RM -4 RM -6
RM -8 RM -10 RMH-6
RMH-8
(b) Additional information requirements: A site plan which
denotes the location for all existing structures, parking
facilities, and the proposed circulation plan, pursuant to
the requirements of Chapter 914.
726
(c) Criteria for beach clubs and tennis facilities:
1. No off-street parking or loading areas for buildings
and structures shall be located closer than twenty-
five (25) feet from any property line abutting a
residentially designated property.
2. All outdoor lighting shall be adequately shielded in
order to prevent reflection onto adjacent properties.
3. Type "C" screening shall be provided on all perimeter
boundaries.
4. All outdoor recreation facilities shall be located
a minimum of thirty (30) feet from adjacent
residentially designated properties.
5. Type "B" screening shall be provided between outdoor
recreation facilities and adjacent residentially
designated properties within one hundred (100) feet
of adjacent residentially designated properties.
(10) Yacht Clubs (Special Exception).
(a) Districts requiring SPECIAL EXCEPTION approval, (pursuant
to the provisions 971.05):
RM -3 RM -4 RM -6 RM -8 RM -10
(b) Additional information requirements: A site plan which
indicates the structures and facilities located on both
land and water, including boat slips, and all other
requirements of Chapter 914.
(c) Criteria for yacht clubs:
1. There shall be no dry docking facilities.
2. All docks and structures erected over the water shall
be on pilings permitting the free flow of water; no
bulkhead shall be permitted to extend beyond the
established bulkhead line; no such dock shall be
allowed to extend into public water such a distance
as to interfere with navigation and commerce.
3. No portion of the site may be used for outside storage
or boat repair.
4. If approval is granted for a marine filling station
as an accessory use, the following shall apply:
a. The facility shall provide for the safe and
efficient movement of watercraft.
727
b. The facility shall be no closer than thirty (30)
feet to any permanent docking facility, or fifty
(50) feet to any adjacent residential use or
district or designated property.
c. All receptacles, tanks, or facilities for the
storage of combustible products in excess of two
hundred (200) gallon quantities shall be located
underground in a fiberglass container and located
within all required setbacks. Flammable
materials shall be stored in a manner
satisfactory to the planning division.
5. No off-street parking or loading areas for buildings
and structures shall be located closer than twenty
(20) feet to any property line abutting a
residentially designated property.
6. Type "C" screening shall be provided along all
property lines.
7. No dredging for new canals will be permitted.
Section 971.41 Residential Uses
(1) Accessory Housing for Nightwatchmen. (Administrative Permit
and Special Exception).
(a) Districts requiring ADMINISTRATIVE PERMIT approval,
(pursuant to the provisions of 971.04):
A-1 A-2 A-3 CH
IL IG
(b) Districts requiring SPECIAL EXCEPTION approval, (pursuant
to the provisions of 971.05):
Con -1
(c) Additional information requirements:
1. A written statement specifically describing the nature
of the facilities for which security is needed and the
length of time the quarters will be needed.
2. A site plan in accordance with Chapter 914.
3. A list of the time during which the quarters will be
used and the number of persons occupying them.
(d) Criteria for accessory housing for nightwatchmen:
1. Such housing shall be used exclusively by person(s)
employed for the purpose of ensuring the security of
the premises during the evening and/or nonbusiness
hours.
728
2. These quarters shall only be inhabited by employees
during their respective shift hours and at no time
shall be used as a principal dwelling.
3. Such quarters shall be provided with potable water and
sanitary sewer facilities and may contain kitchen
facilities.
4. Such quarters shall only be large enough to
accommodate the maximum number of persons who may use
the quarters during any one shift.
(2) Bed and Breakfasts (Administrative Permit and Special
Exception).
(a) Districts requiring ADMINISTRATIVE PERMIT approval,
(pursuant to the provisions of 971.04):
A-1 A-2 A-3 RM -8 RM -10
OCR CN CL
(b) Districts requiring SPECIAL EXCEPTION approval, (pursuant
to the provisions of 971.05):
RM -3 RM -4 RM -6 MED CG
(c) Additional information requirements:
1. Provide a site plan conforming with all requirements
of Chapter 914.
2. Provide a floor plan, signed and sealed by a State of
Florida registered architect, showing the location,
size and space utilization of each room.
(d) Criteria for bed and breakfasts:
1. The site must have frontage on a thoroughfare plan
road for administrative permit uses and major or minor
arterial roads for special exception uses.
2. A Type "C" screening must be provided on all
boundaries adjacent to residential uses for special
exception uses. Type "C" for Administrative permit
uses is required.
3. The project must be designed to maintain residential.
character.
4. The number of rentable rooms is determined by
multiplying the number of dwelling units permitted on
the site by 1.5 persons.
729
(3)
Boarding Houses (Administrative Permit and Special Exception).
(a) Districts requiring ADMINISTRATIVE PERMIT approval,
(pursuant to the provisions of 971.04):
OCR . CN CL
(b) Additional information required:
1. Provide a site plan conforming with all requirements
of Chapter 914.
2. For the purpose of calculating density, one dwelling
unit will occur with every 2.66 residents. Thus, the
project must be located on a site large enough to
conform to the site's Comprehensive Plan land use
density or the site's underlying zoning requirements
for density, whichever is less.
3. A Type "C" buffer must be provided on all boundaries
adjacent to single-family residential uses.
4. All boarding houses which contain more than fifteen
(15) residents shall have direct access to a collector
or arterial road as designated on County Thoroughfare
Plan.
(4) Guest Cottages and Servant Quarters (Administrative Permit and
Special Exception).
(a) Districts requiring ADMINISTRATIVE PERMIT approval,
(pursuant to the provisions of 971.04):
A-1 A-2 A-3 RFD RS -1
(b) Districts requiring SPECIAL EXCEPTION approval, (pursuant
to the provisions of 971.05):
Con -2 RS -2 RS -3 RS -6 RT -6
(c) Additional information requirements: A floor plan showing
the dimensions of all rooms and the location of all
facilities.
(d) Criteria for guest cottages and servant quarters:
1. Structures shall be an accessory structure or portion
of a principal single-family dwelling.
730
2. Structures shall not be located closer than fifteen
(15) feet to the principal dwelling on the lot when
detached from the principal dwelling.
3. No guest cottage may be utilized for commercial or
rental purposes.
4. The guest cottage shall be used for the intermittent
or temporary occupancy by a nonpaying guest. The
servant quarters shall be for the occupancy of
servants (and spouses, parents and children) working
on-site.
5. A legal document must be filed in public records which
states the limitations of the use on-site.
(5) Mobile Homes (Administrative Permit).
(a) Districts requiring ADMINISTRATIVE PERMIT approval,
(pursuant to the provisions of 971.04):
A-1 A-2 A-3 CRVP
(b) Additional information requirements:
1. Proof that the land upon which the mobile home shall
be located is classified as agricultural for purposes
of ad valorem tax assessment.
2. A site plan showing the location of all principal and
accessory structures and all other information
required in Chapter 914.
(c) Criteria for mobile homes:
1. The mobile home shall be used by the owner or worker
in active agricultural operations.
2. The reviewing body shall deem the mobile home
necessary for the agricultural use of the land.
3. The mobile home shall be placed on at least five (5)
acres of land.
4. The reviewing body shall determine that the mobile
home is an accessory use to an active agricultural
operation on property under the same ownership as the
parcel upon which the mobile home will be located.
5. Such use shall be accessory to productive agricultural
operations, having a minimum of forty (40) acres.
731
(6) Multiple -Family Dwellings (Administrative Permit).
(a) Districts requiring ADMINISTRATIVE PERMIT approval,
(pursuant to the provisions of 971.04):
MED CN CL CG
(b) Additional information requirements: A site plan meeting
the requirements of Chapter 914 which shows the location
and specification of all landscape materials, and the
location of all hospital emergency entrances or exits
within five hundred (500) feet of the site.
(c) Criteria for multiple -family dwellings within a MED
District:
1. All proposed developments shall be subject to the size
and dimension criteria for multifamily dwellings
within the RM -8 District.
2. No residential site shall be located within five
hundred (500) feet of a hospital complex, emergency
entrance or exit.
(d) Criteria for multiple -family dwellings within a CN, CL or
CG District:
1. All dwelling units shall be accessory to a permitted
use within the applicable zoning district.
2. In cases where a single-family unit is being used in
conjunction with a business, the total area of the
residence may exceed the total area of the business.
No dwelling unit shall have street frontage on the
ground floor.
(7) Single -Family Docks Constructed Prior to the Construction of a
Principal Single -Family Dwelling Unit (Administrative Permit
and Special Exception).
(a) The construction of a single-family dock on a lot prior to
the construction of a principal single-family dwelling unit
on the same lot shall be permitted for the purpose of
providing waterfront property owners vested riparian rights
for access to the adjacent waterbody.
The aforementioned dock, however, shall continue to be
construed as an accessory structure and its use prior to
the issuance of a certificate of occupancy for the
principal structure shall not be considered consistent with
the appropriate zoning district regulations.
732
(b) Districts .requiring ADMINISTRATIVE PERMIT approval,
(pursuant to the provisions of 971.04):
A-1 A-2 A-3 RFD RS -1
RS -2 RS -3 RS -6 RT -6 RM -3
RM -4 RM -6 RM -8 RM -10
(c) Districts requiring SPECIAL EXCEPTION approval, (pursuant
to the provisions of 971.05):
Con -2
(d) Additional information requirements:
1. A site plan showing the dimensions, elevations and
location of the dock structure.
2. All applicable local, state, and federal permits
and/or leases or consent of use agreements shall be
submitted to the planning division prior to release
of the dock site plan.
(e) Criteria for single-family docks constructed prior to the
construction of a principal single-family unit:
1. The owner shall submit and record in the public
records of Indian River County an agreement that the
dock will not be used until such time as a
Certificate of Occupancy for the principal single-
family unit is issued by the county.
2. To secure the agreement, the owner shall post with
the county a one thousand five hundred dollar cash
escrow deposit which may be utilized by the county
for removing the dock upon the determination by the
Code Enforcement Board that the dock has been used
with the owner's knowledge. Said escrow funds shall
be released to the owner providing:
a. the dock is removed within thirty (30) days by
the owner to the satisfaction of the county; and
b. the owner has received certificate of occupancy
on the principal structure.
3. Upon determination by the Code Enforcement Board that
a violation has occurred, the board shall order the
owner to remove the dock and shall prohibit the
building of a structure riparian to the land in
question for a period of not less than two (2) nor
more than five (5) years. The order of the board
shall be recorded in the public records of Indian
River County.
733
4. The dock shall be constructed on pilings so as not to
involve filling or dredging other than necessary to
install the pilings.
5. The dock shall not substantially impede the flow of
water or create a navigational hazard.
(8) Subdivisions with Special Sideyards (Administrative Permit).
(a) Districts requiring ADMINISTRATIVE PERMIT approval,
(pursuant to the provisions of 971.04):
RS -6
(b) Additional information requirements: A developer wishing
to undertake special sideyards shall specifically request
such approval in conjunction with application for
preliminary subdivision plat approval, and shall submit
the following additional information, which may include
the use of typical drawings:
1. Designations on the preliminary plat of all special
sideyards.
2. Designation on the preliminary plat of all maintenance
and access easements on lots adjoining the special
sideyards.
3. Terms and conditions of all such maintenance and
access easements and all applicable setbacks shall be
included in covenants and restrictions recorded with
the final plat.
4. Depiction on the preliminary plat of typical building
envelopes.
(c) Criteria for subdivisions with special sideyards: In
review of a proposal, the following standards shall apply:
1. The dwellings shall not be attached.
2. The sideyard setback requirement may be waived for
one of the dwelling's sideyards; however, the other
sideyard shall be at least two (2) times the minimum
specified in the zoning district regulations.
3. All front and rear setback requirements shall be
satisfied.
4. To permit access for maintenance, construction, and
other purposes, drainage, and any permitted eave or
similar encroachment, appropriate easements,
734
restricted for hours of use as necessary, shall be
provided.
5. All subdivisions with special sideyards shall be a
minimum of five (5) acres in size.
6. Normal setbacks shall apply whenever lots abut
property adjacent to the subdivision.
7. All other district regulations shall be applicable.
Section 971.42 Sales - General Merchandise.
(1) Auction Facilities, Unenclosed (Administrative Permit).
(a) Districts requiring ADMINISTRATIVE PERMIT approval,
(pursuant to the provisions of 971.04):
CH IL
(b) Additional information requirements:
1. Provide a site plan conforming with the requirements
of Chapter 914.
2. For all properties located within five hundred (500)
feet of the site, list the land use and zoning
designations and depict the traffic circulation plan
for those properties.
(c) Criteria for auction facilities:
1. No unenclosed facility shall be located within one
hundred (100) feet of a residential use or a
residentially zoned area.
2. Where within five hundred (500) feet of a residential
use or residentially zoned area, hours of operation
shall be limited to the hours of 8:00 a.m. to 9:00
p.m.
(2) Department Store, Furniture and Appliance Sales, Showroom or
Catalog Stores and Variety Store (Administrative Permit).
(a) Districts requiring ADMINISTRATIVE PERMIT approval,
(pursuant to the provisions of 971.04):
CL
(b) Additional information requirements:
1. Provide a site plan which meets the requirements
specified in Chapter 914.
2. For all properties located within five hundred (500)
feet of the site, list the land use and zoning
designations and depict the traffic circulation plan
for those properties.
735
(c) Criteria for department stores, furniture and appliance
sales, showroom or catalog stores, and variety store:
1. The total gross floor area of such establishments
shall not exceed forty thousand (40,000) square feet.
2. Type "B" screening, as defined in Chapter 926, must
be provided along all property boundaries abutting a
residential use or residentially zoned area.
(3) Drug Stores (Administrative Permit)
(a) Districts requiring ADMINISTRATIVE PERMIT approval,
(pursuant to the provisions of 971.04):
CN
(b) Criteria for drug stores:
1. The facility must not exceed three thousand (3000)
square feet in gross floor area.
(4) Flea Market (Administrative Permit).
(a) Districts requiring ADMINISTRATIVE PERMIT approval,
(pursuant to the provisions of 971.04):
CH IL
(b) Additional information requirements:
1. Provide a site plan which meets the requirements
specified in Chapter 914.
2. For all properties located within five hundred (500)
feet of the site, list the land use and zoning
designations and depict the traffic circulation plan
for those properties.
3. Depict the project's proposed vehicular and pedestrian
circulation systems on the required site plan.
(c) Criteria for flea markets:
1. No site shall be located within one hundred (100) feet
of a residential use or residentially zoned area.
2. Adequate separation of vehicular and pedestrian
circulation systems shall be provided.
3. All off-street parking and loading areas shall have
paved surfaces which meet the standards of Chapter
954.
4. Where within five hundred (500) feet of a residential
use or residentially zoned area, hours of operation
736
shall be limited to the hours of 8:00 a.m. to 9:00
p.m.
5. Type "B" screening, as defined in Chapter 926, must
be provided along all property boundaries abutting a
residential use or residentially zoned area.
Section 971.43 Transportation Uses.
(1) Airports and Airstrips (Special Exception).
(a) Districts requiring SPECIAL EXCEPTION approval, (pursuant
to the provisions of 971.05):
A-1 A-2 A-3 RFD IL
IG
(b) Additional information requirements:
1. A configuration diagram showing the layout of runways,
taxiways, approach zones, and overrun areas.
2. Isosonic contours showing the effects of aircraft
operations upon land within one mile of the boundary
of the proposed site.
3. The number and type of aircraft proposed to be stored
including storage areas for aircraft, fuel and motor
vehicles and service areas for aircraft.
4. Proposed methods for the provision of fire and rescue
services shall be provided, and a letter from the
appropriate agencies stating that services are
available and adequate to protect the proposed
facility shall be submitted.
5. All land uses within the final approach zones of the
facility shall be identified.
6. Certification that all Federal Aviation Administration
(FAA) and state standards and requirements have been
met shall be provided.
7. A site plan, pursuant to the requirements of Chapter
914.
(c) Criteria for airports and airstrips:
1. Evidence shall be furnished of the acquisition of
property for air rights over all land at the ends of
all runways where the required glide path of aircraft
for the class of the airport is thirty-five (35) feet
or less elevation from the ground.
737
2. All buildings and structures except for hangars and
garages shall be at least thirty (30) feet from the
property line.
3. All airport drives and parking areas shall have a
paved surface pursuant to Chapter 954. This shall
not apply to airstrips.
4. All applicable FAA and state regulations shall be met.
5. Letters from appropriate fire and rescue agencies
shall be submitted ensuring that protective services
can be provided at an adequate level.
(2) Heliports and Helipads (Special Exception).
(a) Districts requiring SPECIAL EXCEPTION approval, (pursuant
to the provisions of 971.05):
MED CG IL IG
(b) Additional information requirements:
1. A site plan showing the location of all take -off and
landing areas, approach zones, all zoning designations
within one thousand (1,000) feet of the proposed site,
and the location of any storage and service areas.
2. The number and specifications of all aircraft to be
using the facilities.
3. All land uses within the approach zones shall be
identified.
4. FAA Form No. 3480, "Notice of Landing Area Proposal,"
or subsequent updated form shall be completed and
approved for all heliports and helistrips.
5. Certification that all applicable Federal Aviation
Administration (FAA) and state standards and
requirements have been satisfied shall be provided.
(c) Criteria for heliports and helistrips:
1. All heliports and helistrips shall be designed in
conformance with the standards set forth in FAA
advisory circular 150/5390 -IB or subsequently updated
standards.
2. All helistops or heliport landing and take -off areas
shall be so located as to provide clearance from all
obstructions above rotor height for a distance of
twenty five (25) feet in each direction from the
helistop pad and landing and take -off areas.
738
3. If proposed on a rooftop, a signed and sealed letter
from a professional engineer stating that the
structure can adequately handle helicopter traffic
and landings shall accompany the application.
4. No heliport or helistop shall be located within five
hundred (500) feet of any residential zoning district
or within one thousand (1,000) feet of any school
site.
5. All take -off and landing areas and any terminal or
service areas shall be paved with a dustproof
material.
Section 971.44 Utility uses.
(1) Transmission Towers Over 70 Feet (Radio, TV, and Microwave)
(Administrative Permit and Special Exception)
(a) Districts requiring ADMINISTRATIVE PERMIT approval,
(pursuant to the provisions of 971.04):
Towers 70'-140': A-1
CL
IG
A-2
CG
A-3
CH
CN
IL
(b) Districts requiring SPECIAL EXCEPTION approval, (pursuant
to the provisions of 971.05):
(c)
Towers over 140': A-1
IG
A-2 A-3 IL
Additional information requirements:
1. Applicant shall present documentation of the
possession of any required license by any federal,
state or local agency.
2. A site plan, pursuant to the requirements of Chapter
914.
3. Additional information regarding
found in Section 917.24.
(d) The following criteria must be used
permit and special exception uses:
1. All towers shall have setbacks from all property lines
equal to one hundred ten (110) percent of the height
of the proposed structure. This provision may be
waived or modified upon a recommendation by the
director of public works, based upon the following
criteria:
towers may also be
for administrative
739
a. the designed fall radius of the tower is depicted
on the site plan and does not impact adjacent
uses.
b. A certified, signed and sealed statement from a
Florida registered professional engineer states
that the tower would collapse within the designed
and specified fall radius depicted on the plans.
2. In no case shall the fall radius (one hundred ten
(110) percent of height or other approved design fall
radius) encroach upon existing off-site structures or
residentially designated property.
3. The distance of any guy anchorage or similar device
shall be at least ten (10) feet from any property
line.
4. All accessory structures shall be subject to the
height restrictions provided in Accessory uses,
Chapter 917.
5. If more than two hundred twenty (220) voltage is
necessary for the operation of the facility and is
present in a ground grid or in the tower, signs
located every twenty (20) feet and attached to the
fence or wall shall display in large bold letters the
following: "HIGH VOLTAGE - DANGER".
6. No equipment, mobile or immobile, which is not used
in direct support of the transmission or relay
facility shall be stored or parked on the site unless
repairs to the facility are being made (applies only
on A-1 zone property).
7. No tower shall be permitted to encroach into or
through any established public or private airport
approach plan as provided in the airport height
limitations.
(e) The following criteria must be used for all special
exception uses:
1. Suitable protective anti -climb fencing and a landscape
planting screening shall be provided and maintained
around the structure and accessory attachments. Where
the first fifty (50) feet of a tower is visible to the
public, the applicant shall provide one (1) canopy
tree per three thousand (3,000) square feet of the
designated fall radius. The trees shall be planted
in a pattern which will obscure the base area of the
tower, without conflicting with the guy wires of the
tower.
740
2. All towers shall submit a conceptual tower lighting
plan. Louvers or shields may be required as necessary
to keep light from shining down on surrounding
properties. Strobe lights must be used unless
prohibited by other agencies.
3. The reviewing body shall consider the impact of the
proposed tower on residential subdivisions near the
project site.
4. All property owners within six hundred (600) feet of
the property boundary shall receive written notice.
5. Applicants shall explain in writing why no other
existing tower facility could be used to meet the
applicant's transmitting/receiving needs. An
application may be denied if existing tower facilities
can be used.
6. Towers shall be designed to accommodate multiple
users.
7. A condition of approval for any tower application
shall be that the tower shall be available for other
parties and interests. This shall be acknowledged in
a written agreement between the applicant and the
county, on a form acceptable to the county, that will
run with the land.
(2) Utilities, Public and Private - Heavy (Special Exception).
(a) Districts requiring SPECIAL EXCEPTION approval, (pursuant
to the provisions of 971.05):
A-1 A-2 A-3 RFD RS -1
RS -2 RS -3 RS -6 RM -3 RM -4
RM -6 RM -8 RM -10 RMH-6 BMH-8
IL IG
(b) Additional information requirements:
1. A site plan showing the proposed utility site,
pursuant to the requirements of Chapter 914.
2. A plan of the utility system, showing how the proposed
facility will connect with any existing utility
system.
3. A statement shall be submitted which explains the
function of the proposed utility and its consistency
with the goals objectives and policies of the Indian
River County Comprehensive Plan.
741
4. A statement identifying any radioactive, toxic or
other hazardous wastes which may be generated or
utilized on the premises.
(c) Criteria for public and private utilities, heavy:
1. See Chapter 901 for definition of public and private
utilities, 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* (with 6' 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 type "D" buffer (with 6' opaque
screening) as specified in chapter 926, Landscaping.
7. All buildings and loading areas shall be located a
minimum of one hundred (100) feet from any lot line
adjacent to a residentially designated property.
8. Driveways located in close proximity to adjacent
properties having a residential land use designation
shall provide a 6' opaque screening between the
driveway and adjacent property. An 8' opaque screen
may be required if deemed necessary to mitigate noise
and visual impacts.
* reduce to "B" buffer where abutting a local roadway,
reduce to "C" buffer where abutting a Thoroughfare
Plan roadway.
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".
742
(3) Utilities, Public and Private - Limited (Administrative Permit
and Special Exception).
(a) Districts requiring ADMINISTRATIVE PERMIT approval,
(pursuant to the provisions of 971.04):
RS -2 RS -3 RS -6 RT -6 RMH-6
RMH-8 OCR MED CN CL
CG CH
(b) Districts requiring SPECIAL EXCEPTION approval, (pursuant
to the provisions of 971.05):
RFD RS -1 R-BCID ROSE -4 RM -3
RM -4 RM -6 RM -8 RM -10 AIR -1
CRVP
(c) Additional information requirements:
1. A site plan showing the proposed utility system
together with the major components of the existing
utility system within the county, of which the
proposed system will be an integral part, pursuant to
the requirements of Chapter 914.
2. A statement shall be submitted which explains the
function of the proposed improvement and its
consistency with an overall utility system plan, as
well as the comprehensive plan.
(d) Criteria for limited public and private utilities:
1. See chapter 901 for definition of public and private
utilities, 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* (with 6' opaque screening) as
specified in chapter 926, Landscaping, shall be
provided.
*reduce to type "C" where abutting a local roadway,
reduce to "D" buffer where abutting a Thoroughfare
Plan roadway.
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 be their size or nature be located within
an enclosed building shall be separated from adjacent
743
properties having a residential land use designation
by a type "D" buffer (with 6' opaque screening) as
specified in chapter 926, Landscaping.
5. All buildings and loading areas shall be located a
minimum of fifty (50) feet from any lot line adjacent
to a residentially designated property.
6. Driveways located in close proximity to adjacent
properties having a residential land use designation
shall provide a 6' opaque screening between the
driveway and adjacent property. An 8' 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".
Section 971.45 Vehicular Sales, Service and Storage
(1) Automotive Fluids, Products, Sales and Service other than
Gasoline (Administrative Permit)
(a) Districts requiring ADMINISTRATIVE PERMIT approval,
(pursuant to the provisions of 971.04):
CL IG
(b) Additional information requirements:
1. A site plan meeting all requirements of Chapter 914
which shows the land use and zoning designation of
all properties within one hundred (100) feet of the
site.
2. A hazardous waste survey form specifying all hazardous
wastes handled, used, and generated on site.
(c) Criteria for automotive fluids, products, sales and service
other than gasoline in the CL District:
1. Service of automobiles shall be within an enclosed
building; outside sale of products is prohibited.
2. Maintenance and services performed shall be limited
to the draining and replacement of fluids and minor
parts replacement (filters, lights, wipers). Repair
services and paint and body work are expressly
prohibited.
3. No outdoor storage shall be permitted.
744
4. All generated hazardous waste shall be stored,
handled, and disposed of in a manner acceptable to
the environmental health and county utilities
departments.
5. All tanks and facilities for the storage of petroleum
oils and other flammable liquids shall be located
underground and shall be subject to all setback
requirements of the applicable district.
(d) Criteria for automotive products, sales and service other
than gasoline in the IG District:
1. The use shall be subject to the restrictions and
requirements of the applicable fire department, in
order to ensure adequate separation from heavy
industrial uses which may pose a safety hazard.
2. All tanks and facilities for the storage of petroleum
oils and other flammable liquids shall be either
located underground or shall otherwise be completely
screened and shall be subject to all setback
requirements of the applicable district.
(2) Automotive Fuel Sales (Administrative Permit)
(a) Districts requiring ADMINISTRATIVE PERMIT approval,
(pursuant to the provisions of 971.04):
CN CL
(b) Additional information requirements:
1. A site plan meeting all requirements of Chapter 914
which shows the zoning designation of all properties
within one hundred (100) feet of the site.
2. The location of all gasoline pumps, tanks and pump
islands.
(c) Criteria for automotive fuel sales:
1. All automotive fuel sales shall be accessory to a
limited retail sales establishment.
2. The fuel pumping area (including vehicle staging
areas) shall be a minimum of thirty (30) feet from
the retail establishment, and in no case may encroach
upon other minimum parking and/or driveway areas.
3. No automotive repair or maintenance activities shall
be permitted.
4. The location of all gasoline storage tanks and
facilities shall be subject to all applicable
745
standards of the National Fire Protection Association
(NFPA).
(3) Gasoline Service Stations (Administrative Permit and Special
Exception)
(a) Districts requiring ADMINISTRATIVE PERMIT approval,
(pursuant to the provisions of 971.04):
CL
(b) Districts requiring SPECIAL EXCEPTION approval, (pursuant
to the provisions of 971.05):
IG
(c) Additional information requirements:
1. A site plan meeting all requirements of Chapter 914
which shows the land use and zoning designations of
all properties within one hundred (100) feet of the
site.
2. The location of all gasoline pumps, tanks and pump
islands.
(d) Criteria for gasoline service stations:
1. The use shall provide for efficient internal
circulation of vehicles on site.
2. All service stations located within an IG District
shall be subject to the restrictions and requirements
of the applicable fire department, in order to ensure
adequate separation from heavy industrial uses which
may pose a safety hazard.
3. All tanks and facilities for the storage of gasoline,
petroleum oils and other flammable liquids shall be
located underground and shall be subject to all
setback requirements of the applicable district.
4. No outdoor storage shall be permitted.
5. No site shall abut or be located within one hundred
(100) feet of a residentially designated property.
(4) Mobile Home Trailer Sales (Administrative Permit)
(a) Districts requiring ADMINISTRATIVE PERMIT approval,
(pursuant to the provisions of 971.04):
CH
(b) Additional information requirements:
746
1. A site plan showing the location, dimensions, and area
of the mobile home trailer sales office and the mobile
home trailer display area(s).
2. The maximum number of trailer units to be displayed
on site at any one (1) time shall be noted on the site
plan.
(c) Criteria for mobile home trailer sales:
1. All mobile home trailers displayed shall meet the
applicable building setback requirements.
2. All mobile homes displayed shall be provided with
undercarriage skirting.
3. All designated display areas shall provide for minimum
of one thousand six hundred (1,600) square feet per
trailer.
4. In addition to the parking required for the sales
office a minimum of one (1) parking space shall be
provided for each three thousand two hundred (3,200)
square feet of trailer display areas.
(5) Used Vehicle Sales (Administrative Permit and Special Exception)
(a) Districts requiring ADMINISTRATIVE PERMIT approval,
(pursuant to the provisions of 971.04):
CH
(b) Districts requiring SPECIAL EXCEPTION approval, (pursuant
to the provisions of 971.05):
CG
(c) Additional information requirements: A site plan meeting
all of the requirements of Chapter 914 which shows the
approximate location and maximum number of automobiles to
be accommodated on the site.
(d) Criteria for used vehicle sales:
1. No such establishment shall be permitted on a lot of
record having less than ten thousand (10,000)
square feet in a CG District or fifteen thousand
(15,000) square feet in a CH District.
2. All outdoor vehicular display areas and off-street
parking areas shall have paved surfaces which meet
the standards of Chapter 954. For the purpose of this
chapter, vehicular display areas shall be paved areas
where vehicles for sale are on display. Off-street
parking areas shall be paved areas maintained for
customer and employee parking.
747
3. No vehicular sales office (building) shall be located
closer than twenty-five (25) feet to any property line
except any property line that is abutting railroad
right-of-way in which case the structure shall not be
located closer than ten (10) feet. Also, no vehicular
display areas shall be located closer than ten (10)
feet to any property line.
4. The site shall provide for separation of vehicular
display areas and off-street parking areas.
5. All designated outdoor vehicular display areas shall
provide for a minimum of three hundred (300) square
feet per vehicle. Drives and maneuvering areas shall
be designed to permit convenient on-site maneuvering
of the vehicles.
\u\c\ldr\971
748
CHAPTER 972 - TEMPORARY USES
Section 972.01 Title
Section 972.02 Definitions
Section 972.03 Purpose and Intent
Section 972.04 Applicability
Section 972.05 General Allowed Uses
Section 972.06 General Review Standards
Section 972.07 Review and Approval Procedures
Section 972.08 Specific Uses, Standards and Requirements
Section 972.01 Title.
This chapter, the terms and provisions contained herein shall be
known as the "Temporary Uses Ordinance" of Indian River County,
Florida.
Section 972.02 Definitions.
All terms and definitions used in this chapter are defined in chapter
901.
Section 972.03 Purpose and Intent.
The purpose and intent of this ordinance is to provide for temporary
uses of property, allowing uses and facilities on a temporary basis
that might not otherwise be appropriate on a permanent basis, in a
manner temporarily compatible with surrounding properties and other
land development regulations.
Section 972.04 Applicability.
Temporary uses, as provided herein, may be allowed within various
zoning districts upon issuance of a temporary permit.
Section 972.05 General Allowed Uses.
The following temporary uses shall be allowed within certain zoning
districts as specified therein, upon issuance of a temporary use
permit (TUP) by the community development director or his designee,
based upon compliance with all applicable regulations of this chapter
(972) and other county regulations. Generally, the following
temporary uses may be allowed in the specified districts.
(1) Agricultural districts.
(A) Model homes.
(B) Temporary construction offices.
(C) Temporary watchmen's quarters in conjunction with
Construction.
(D) Temporary meeting, recreation or amusement facilities
(E) Temporary real estate sales offices.
(F) Temporary sale of fruits and vegetables.
(G) Transient merchants, Class A only.
749
(H) Similar temporary uses.
(2) Residential districts.
(A) Model homes.
(B) Temporary construction offices.
(C) Temporary real estate sales offices.
(D) Similar temporary uses.
(3) Commercial districts.
(A) Temporary construction offices.
(B) Temporary meeting, recreation or amusement facilities.
(C) Temporary real estate sales offices.
(D) Special vehicle sales events.
(E) Similar temporary uses.
(F) Transient merchants.
(4) Industrial districts.
(5)
(A) Temporary construction offices.
(B) Temporary meeting, recreation or amusement facilities.
(C) Temporary real estate sales offices.
(D) Special vehicle sales events.
(E) Similar temporary uses. •
Temporary use permits may also be issued for temporary uses
determined to be accessory to a principal, allowable use on a
given site.
Section 972.06 General Review Standards.
General standards for permitting temporary uses. No temporary use
shall be permitted unless the community development director or his
designee determines that the following requirements are met.
(1) Nuisance, hazardous features. Adjacent uses shall be suitably
protected from any nuisance or hazardous features involved in
the use through setbacks, existing buffers, limitations in hours
of operation, limitations in lighting and/or activities or
facilities/equipment generating noise, or other measures.
(2) Traffic and parking. The use will not create hazardous
vehicular or pedestrian traffic conditions, or result in traffic
in excess of the capacity of streets serving the use, and any
proposed parking and driveway layouts are determined to be
adequate for the use during the time and period of operation.
Special provisions for the direction of traffic ingressing and
egressing the site, and traversing the site, may be required.
Public facilities and services. Adequate utility, drainage,
refuse management, emergency services, access, and similar
necessary facilities and services will be available or provided
for the use, and all necessary sanitary facilities shall be
approved by the county health department.
(3)
750
(4) Natural environment. The proposed temporary use shall not have
a substantially adverse impact on the natural environment. No
protected trees shall be removed to accommodate temporary uses.
No native vegetation shall be cleared on the site for temporary
uses unless the applicant demonstrates compliance with the
requirements and provisions of chapter 927 and obtains a land
clearing permit.
(5) Site suitability. The site is suitable for the proposed use,
considering flood hazard, drainage, soils, and other conditions
which may constitute a danger to life, health, or property.
(6) Duration. The time the use is permitted is as short as
practicable.
Section 972.07 Review and Approval Procedures.
(1) Any person desiring to establish a temporary use, as authorized
herein, shall submit an application for a temporary use permit
to the planning division. The application shall be on a form
provided by the planning division and shall include all
information required for a complete application. All such
applications shall also be accompanied by a fee, as established
by the board of county commissioners. The complete application
and fee must be submitted at least fifteen (15) working days
prior to the proposed commencement date for the use.
(2) Within six (6) working days of submission of a complete
application, the planning division shall issue a temporary use
permit or inform the applicant of discrepancies and staff
comments.
(3) Upon being informed of discrepancies and staff comments, the
applicant shall have thirty (30) days to adequately address all
discrepancies and staff comments. If the applicant fails to
adequately address the discrepancies and comments within thirty
(30) days, the application shall expire without refund of fees.
(4) Once discrepancies and staff comments have been adequately
addressed, the community development director shall approve,
approve with conditions, or deny the permit.
(5) Appeals of decisions of the community development director may
be appealed to the planning and zoning commission, and
afterwards to the board of county commissioners, as provided
for in chapter 902.
(6) No temporary use shall commence unless and until a temporary
use permit and all other necessary permits and conditions, if
any, that are required to be obtained prior to commencement of
the use are obtained and satisfied. Violation of this section
shall require the immediate cessation of the use and immediate
removal of all related facilities and merchandise, if any.
751
(7)
At the end of the time period for which the temporary use was
permitted, including any renewal or extension periods, the use
shall immediately be discontinued, and all related facilities
and merchandise, if any, shall be removed. Failure to comply
with this requirement shall be a violation of this section.
(8) Requests for the renewal or extension of a temporary use may be
made to the community development director. Such renewal or
extension may be granted, subject to the standards and
procedures of this chapter (972).
Section 972.08 Specific Uses, Standards and Requirements.
(1) Model homes shall be an authorized temporary use and may be used
as such, provided the following requirements are met:
(A) Temporary permits for model homes may be issued for a
period not to exceed one year. The community development
director may renew said permit upon application, provided
that the model home has been constructed and operated in
accordance with the standards herein and conditions of the
original permit.
(B) A11 parking shall be provided off-street and a minimum of
five (5) parking spaces shall be provided. Spaces must
meet the size requirements of spaces as specified in
Chapter 954, must be demarcated on site, and must be paved
or fully sodded or otherwise stabilized.
(C) The permit holder may not use the model home as his or her
principal place of business. The model home shall be used
for display purposes only, and not as a contractor's
office, real estate office, or annex thereof. However,
price quotations may be given and binders may be executed
on the premises.
(D) Business activity may be conducted at the model home only
between the hours of 8 a.m. and 7 p.m., seven days per
week; and not more than two permanent employees (in
addition to the owner thereof) shall be authorized to
remain in the model during the business day.
(E) The model home shall meet all district requirements for
lot and yard dimensions, open space standards and all other
applicable county regulations.
(F) All signs shall conform with chapter 956 regulations;
however, on -premises model home signs shall not be
illuminated.
(G) Model homes may be illuminated, but such illumination shall
not cause a glare that infringes on neighboring properties
or traffic using adjacent roadways.
752
(2) Temporary construction trailers, temporary construction storage
facilities, and watchmen's quarters which are used temporarily
in connection with construction activities may be permitted to
locate in any zoning district under a temporary use permit
issued by the community development director if the following
requirements are met.
(A) Temporary use permits for construction trailers and
temporary construction storage facilities may be issued
for temporary trailers for a period of up to one year.
Upon showing of good cause, such permits may be renewed
annually by the community development director. In no case
shall a permit be renewed for a period of time which
extends beyond the termination date of an active building
permit for the project.
(B) Temporary use permits for construction trailers and
temporary construction storage facilities may be issued
for "construction compound areas" which may contain several
trailers and facilities for a construction project.
(C) Construction trailers may be allowed in conjunction with
construction of subdivision improvements, and in
conjunction with the construction of model and display
homes in subdivisions for a period of up to but not
exceeding one (1) year from the date of final plat
approval.
(D) No watchman's quarters trailers, and no construction
storage facility or construction trailers exceeding one
hundred (100) square feet in area may be allowed in the
RFD, RS -1, RS -2, RS -3, RS -6, or RT -6 zoning districts or
within a single family subdivision development, except as
allowed for construction trailers in section 972.08(2)(c)
and except for site plan and planned
development projects not located within an existing single
family development.
(E) Watchman's quarters trailers or recreational vehicles may
only be allowed in the A-1 zoning district upon issuance
of a building permit for construction of a residence on-
site. No such watchman's quarters trailer permit shall be
allowed for a period of more than one (1) year; no
extensions can be granted.
(F) All such uses shall be located within the lot or
subdivision involved in the construction project and shall
be set back a minimum of 25' from any perimeter property
line, unless otherwise approved by the community
development director.
(G) All construction areas and all access roads thereto shall
be maintained so as to prevent dust or debris from blowing
or spreading onto adjoining properties or onto any public
753
right-of-way. Such areas shall be maintained in a clean
and orderly manner, and building material and construction
residue and debris shall not be permitted to accumulate.
(H) All buildings, materials, supplies, and debris shall be
completely removed from such areas within thirty (30) days
form the date of completion of the last building to be
constructed or within thirty (30) days from the date active
construction is discontinued, whichever occurs first. In
no event shall the time exceed the maximum permit period
set forth herein.
(I) Where deemed necessary by the community development
director or his designee, when such construction areas are
to be located in or adjacent to a residential district,
appropriate screening or fencing measures may be required.
Temporary real estate sales offices, for the purpose of
marketing for sale ten (10) or more lots or units which are
contiguous, are allowed within authorized zoning districts
subject to the following conditions and restrictions:
(A) If a mobile home or trailer is used as the sales office,
it shall not exceed eight hundred (800) square feet of
gross floor area, and may not be used for such purpose for
more than twelve (12) months from the date of issuance of
the temporary use permit, and thereafter shall be removed
or shall be used in accordance with all regulations of the
district in which it is located. The temporary permit may
be extended one time for a period not to exceed three (3)
months. Sales offices located
on the premises after the expiration of the permit must be
located in a permanent structure.
(B) If the sales office is located in a permanent building, a
temporary use permit may be issued for a period of up to
one year. Permits may be renewed upon re-application.
(C) The sales office shall not be used to promote or market
for sale any lot or unit which is not part of the common,
contiguous project being marketed by the same developer
and agent.
(D) Neither the sales office nor signs shall be illuminated,
other than for security purposes, or used for any business
activity, after 9:00 p.m., except as may be allowed when
located in a nonresidential zoning district.
(E) All temporary real estate sales offices shall provide
parking as required for model homes in section
972.08(1)(B), and shall satisfy all applicable landscaping
requirements of chapter 926, and shall have water and
wastewater treatment provisions approved by the
environmental health department.
754
(F) Administrative approval, in accordance with the provisions
of chapter 914, shall be required prior to the issuance of
a temporary use permit. Said administrative approval shall
only be valid in conjunction with the issuance of a
temporary use permit that corresponds with the approved
administrative approval site plan. The administrative
approval site plan for the use shall identify the required
paved access and parking areas, landscaping, water and
wastewater services, and all other improvements required
for administrative approvals in accordance with chapter
914.
(4) Transient merchant operations may be allowed if the following
requirements and standards are met.
(A) All transient merchant temporary use permits shall clearly
define an expiration date. No permit shall be
transferable, and no permit shall be good for a period of
more than six (6) months. Renewal of a permit shall
require reapplication.
(1) Transient merchant classifications. All proposed
transient merchant uses shall be classified as one of
the following:
Class A:
Class B:
Fruit and vegetable sales.
Seasonal sales such as Christmas tree and
fireworks sales and other similar uses; use
in operation no more than forty five (45)
days during any calendar year on any given
site.
A use that does not fall within either
categories shall not be considered an
transient merchant use.
(2) Class A permits may be renewed every six
upon written request by the applicant.
(B) The following types of sales operations, for purposes of
zoning regulations, shall not be considered transient
merchants:
of these
allowable
(6) months
(1) Curbside mobile ice cream sales involving frequent,
intermittent stops.
(2) Merchandise deliveries.
(3) Mobile prepared food services catering to employees
at employment sites or patrons at permitted or
otherwise legal special events.
(C) No permanent structures may be utilized; only temporary
pavilions may be utilized for transient merchant
operations. All facilities used shall be self-contained
and mobile or portable. No mobile homes or trailers that
exceed two hundred (200) square feet in area may be
755
utilized by "Class A" merchants [see section 972.08(4)(A)
for details on Class "A" and Class "B" merchants].
Trailers may be used by "Class B" merchants. Class "A"
and Class "B" merchants are further specified in Section
972.08(3)(A)1.
(D) No utilities connections (such as electrical, telephone,
plumbing or septic tanks) shall be permitted with the
following exception: "Class B" transient merchants as
defined herein may obtain temporary electrical power for
sales operations.
(E) Any and all signs to be utilized on site must conform to
county sign regulations and shall be deemed to be temporary
and not a structure, and must be removed upon expiration
of the temporary use permit or upon vacation of the site.
A sign permit, if required, must be obtained prior to
issuance of a transient merchant temporary use permit.
(F) Driveways shall access the lowest classification road
available to the site; however, existing driveway cuts may
be used regardless of the classification of the roadway
accessed.
(G) All driveways utilized shall be either existing improved
and permitted driveways or new driveways meeting the
criteria specified herein. New driveways (roads cuts) may
be permitted by the county traffic engineer:
1. If traffic maneuverability and safety can be
adequately handled by the new driveway location and
design; and
2. If a state department of transportation driveway
permit or county right-of-way permit, whichever is
applicable, is issued for the driveway.
(H) A minimum of four (4) temporary standard -sized parking
spaces for "Class A" merchants, five (5) standard -sized
parking spaces for "Class B" merchants, shall be provided
on site with all parking spaces and driveways clearly
demarcated on site with wheelstops, prior to sales
operation.
(I) No "Class A" transient merchant operation, as defined
herein, shall be located within three thousand (3,000)
lineal feet of another permitted "Class A" transient
merchant operation.
(J) Any application shall include a sketch showing:
(1) Site dimensions.
(2) All required setback lines.
756
(3) Location and dimensions of all temporary pavilions,
driveways, entrances and exits, parking spaces and
wheel stops.
(4) Adjacent roads and road rights-of-way and easements.
(5) Location and dimensions of all signs to be used.
(K) Within thirty (30) days of temporary use permit expiration,
all items related to the transient merchant operation shall
be removed from the site. Prior to the issuance of any
permit, a cash bond in the amount of two hundred dollars
($200.00) shall be submitted to the county. The county may
use the entire amount of submitted funds to pay for
disposing of all transient merchant -related items remaining
on a site thirty (30) days after permit expiration. Upon
vacating and cleaning -up a site, an applicant may request
in writing to the planning division for return of the
submitted funds. Permit applicants will receive the
submitted cash bond amount if:
(1) The county has not used the funds under the conditions
described above; and
(2) The site is inspected by the county, and it is
verified that the site has been cleaned -up and all
transient -merchant -related items have been removed.
In cases where the county has used the two hundred
dollar ($200.00) cash bond for site clean-up, no
subsequent transient merchant temporary use permit
shall be issued to the same applicant whose vacated
operation caused the cash bond default and resulting
clean-up by the county.
(L) No transient merchants shall operate within any public
rights-of-way. No operations within easements shall be
permitted unless specifically allowed by all parties having
an interest in such easement.
(5) Special vehicle and boat sales events on sites not approved for
permanent vehicle and boat sales may be approved if the
following requirements and standards are met.
(A) Said events shall be conducted on property having
commercial or industrial zoning, or on property approved
for special public events, such as the fairgrounds site.
(B) Said events shall be conducted on property having existing,
permanent, and permitted driveways and access points. No
new driveways (road cuts) are permitted in conjunction with
sales events.
(C) The event shall have a duration of four (4) or fewer
consecutive days and shall be conducted by one or more
dealers having a valid Indian River County occupational
license.
757
(D) Said events shall be conducted on property having adequate
area for vehicle display and employee and customer parking.
Vehicle display areas may be unpaved; employee and customer
parking areas must be paved. Vehicles offered for sale
must be displayed only in areas identified as display areas
on the scaled drawing submitted as part of the temporary.
use permit application. Employee and customer parking must
be provided at a rate of one (1) space per one thousand
(1,000) square feet of vehicle display area.
(E) Said events may be conducted on sites approved for other
uses (such as banks, shopping centers) provided that the
following conditions are met:
(1) No parking spaces designated as required on the
approved site plan for the host site may be used as
display area or customer/employee parking for the
special vehicle sales event unless the following
criteria are satisfied:
(a) The applicant provides a written, certified
statement from the owner or agent for the host
use that sufficient square footage of approved
floor area is unoccupied to provide parking or
display area for the special vehicle sales event;
or
(b) The applicant provides a written, certified
statement from the owner or agent for the host
use stating that the host use will be closed for
the entire duration of the special vehicle sales
event, including vehicle display times. However,
where host uses such as banks participate in the
sales event, that activity will not constitute
operation by the host use, provided that the host
use is not open to the general public for
business unrelated to the special sales event.
(F) No extension of a temporary use permit for special vehicle
sales events may be granted.
(G) Any and all signs to be used in conjunction with the event
must conform to county sign regulations. A county sign
permit(s), if required, must be obtained prior to issuance
of a temporary use permit for a sales event.
(H) Sanitary facilities shall be provided in accordance with
applicable environmental health regulations. Prior to
issuance of a temporary use permit for a sales event, the
applicant must obtain written approval from the
environmental health department for proposed sanitary
facilities.
(I) Prior to issuance of a temporary use permit for a sales
event, the applicant must obtain written approval from the
758
building division for use of any temporary facilities (such
as a tent). Use of any facilities required to be inspected
by the building division or fire department shall be
inspected by the appropriate department prior to operation
of the facility.
(J) Concessions are only permitted as an accessory use to the
sales event. If concessions are proposed, the applicant
must obtain written approval from the environmental health
department for the proposed concession facilities, prior
to the issuance of a temporary use permit for the sales
event.
(K) Special vehicle sales event applications must meet all
submittal requirements for a temporary use permit
application. In addition, special vehicle sales event
applications must include the following:
(1) A scaled drawing showing:
a. The dimensions of the property parcel upon which
the event is to be held;
b. The dimensions of the sales event area;
c. Location and dimension of all display areas,
parking areas, and driving aisles to be utilized;
d. All adjacent roadways and driveways of the
property parcel site;
e. All signs to be used in conjunction with the
sales event and the size and type of sign(s)
used;
f. Existing zoning of the subject property and
applicable setbacks.
(2) Information identifying:
%u\c\ldr\972
a. Beginning and ending dates of the event;
b. Hours of operation of the event;
c. Approximate number of vehicles displayed at any
one time on the event site;
d. Any temporary facilities, including sanitary,
display (such as tents), and concessions;
e. How parking and traffic flow will be properly
directed onto and within the event site;
f. If existing parking spaces of a permanent use
(such as shopping plaza) are to be utilized by
patrons and employees of a sales event,
calculations shall be submitted demonstrating
that the sales event will not utilize any parking
spaces necessary, in accordance with the parking
standards specified in the zoning code, to
service existing uses.
759
Chapter 973
Public Nuisance
Sec. 973.01 Short Title and Purpose
Sec. 973.02 Definitions Referenced
Sec. 973.03 Restrictions
Sec. 973.04 Abatement of Nuisance
Sec. 973.05 Public Hearing on Nuisance
Sec. 973.06 Assessment for Abatement of Nuisance
Sec. 973.07 Reserved
Sec. 973.08 Right to Hearing on Assessment
Sec. 973.09 Serving of Notice
Sec. 973.01 Short Title and Purpose.
This chapter shall be known and may be cited as the Indian River
County Public Nuisance Ordinance.
For the purpose of promoting the health, safety and general welfare
of the community, the Board of County Commissioners of Indian River
County finds it necessary that lands in the unincorporated areas of
Indian River County be cleared of any noxious substance or material
which might tend to be a fire hazard or other health hazard, or which
is considered to be obnoxious and a nuisance to the general public.
Such substances or material shall include, but not be limited to, the
following: garbage, trash, weeds, junk, debris, unserviceable
vehicles, or any other offensive materials which constitute a
nuisance as provided for in this chapter.
Sec. 973.02 Definitions Referenced.
The definitions of certain terms used in this chapter are set forth
in Chapter 901, Definitions, of the Indian River County Land
Development Code.
Sec. 973.03 Restrictions.
Accumulations of debris, garbage, junk, trash, weeds, unserviceable
vehicles, or other noxious materials, are hereby declared a public
nuisance and shall be removed from all lots, parcels and tracts of
land unless otherwise permitted by the terms of this article.
(1) Weed clearance. The following provisions shall apply to
weeds as defined in chapter 901:
(a) The accumulation of weeds in excess of eighteen
(18) inches in height is hereby prohibited on
any lot, parcel or tract of land which lies
contiguous to a commercial or
residential structure and within a platted,
recorded subdivision where the platted lots are
at a minimum of fifty (50) per cent developed.
Agriculturally zoned land shall be exempt from
this section.
760
(b) Maintenance of weeds to satisfy the eighteen (18)
inch maximum height limitation which entails the
grubbing (uprooting) of vegetation shall be
subject to the provisions of Chapter 927, Tree
Protection and Land Clearing, of the Indian River
County Land Development Code.
(c) The existence of untended weeds, as defined in
Chapter 901, in excess of eighteen (18) inches
in height on any lot, parcel or tract of land as
described in Subsection 973.03(1)(a) shall be
prima facie evidence of intent to violate and of
a violation of this section by the owner, owners
and occupant of said land.
(d) Upon receipt of a notice of violation of Section
973.03(1)(a), the owner, lessee and/or tenant of
the involved property shall abate such violation
within the time specified in Section 973.04 of
this chapter, and after such time shall be
jointly and severally liable for any continuation
of such violation.
(2) Restriction of garbage, trash, junk, debris or
unserviceable vehicles in or on public or private property:
(a) No person shall discard, place, abandon,
accumulate, or permit or cause to be discarded,
placed, abandoned or accumulated any junk,
wrecked or unserviceable vehicle or the parts
thereof on property in the unincorporated areas
of the county unless such vehicles or parts are
stored in an enclosed structure or at an
authorized junk or auto wrecking yard. No person
shall throw, discard, place, abandon, accumulate,
or permit or cause to be thrown, discarded,
placed, abandoned or accumulated any junked or
unserviceable refrigerator, stove, washing
machine, water heater, or other household
appliance or equipment, or any garbage, trash,
junk, debris or unserviceable vehicles on
property in the unincorporated areas of the
county except at an authorized junk yard, or at
a landfill or other solid waste disposal site
that holds a permit issued by the Florida
Department of Environmental Regulation pursuant
to Part 4 of Chapter 403, Florida Statutes, and
is operated by, or under franchise from, the
county.
(b) The existence of any garbage, trash, junk, debris
or unserviceable vehicle in or on any
unauthorized property in the unincorporated area
of the county, whereby said material contains
evidence or ownership, shall be prima facie
761
evidence of intent to violate and violation of
this section by the person whose name appears
on such material.
(c) Upon receipt of a notice of violation of Section
973.03(2)(a), the owner, lessee and/or tenant of
the involved property and/or any other identified
violator, shall abate such violation within the
time specified in Section 973.03 of this chapter,
and after such time shall be jointly and
severally liable for any continuation of such
violation.
Sec. 973.04 Abatement of Nuisance.
(1) Whenever a county code inspector determines that a public
nuisance as described in Section 973.03 of this chapter
exists, the Community Development Director shall have the
authority to direct the inspector to either:
(a) Serve the violator with notice to appear before
the Indian River County Code Enforcement Board
in the manner provided in the Indian River County
Code of Laws and Ordinances. In the event that
the Community Development Director elects to
pursue remedies for violation of Section 973.03
of this article before the Indian River County
Code Enforcement Board, the provisions of
Sections 973.04 through 973.09 of this chapter
shall not be applicable to those actions; or
(b) The inspector shall serve notice in the manner
provided in Section 973.09 of this chapter to
the owner, owners and occupant of the property
upon which the nuisance lies as provided in this
section in substantially the following form:
NOTICE
Date:
To:
Address:
Property:
As owner of record or occupant of the above-described property
located in Indian River County, Florida, you are hereby notified that
a nuisance exists upon such property, contrary to Section
of the Code of Laws and Ordinances of Indian River County. The
details of the violation are as follows:
[List Details:]
762
YOU ARE HEREBY ORDERED to abate the nuisance within thirty (30) days.
Upon your failure to abate this nuisance, the Code Inspector shall
notify the Board of County Commissioners of Indian River County, and
the Board will take steps to abate the above -stated nuisance and the
cost thereof will be levied as an assessment against the property.
You are further notified that if your wish to contest the Code
Enforcement Officer's determination that a public nuisance exists,
you may apply for a hearing before the Board of County Commissioners
within fifteen (15) days from the date of this notice.
(c) Selection of a remedy under this section shall
preclude the later application of any other
remedy under this section on the same violation
but shall not present the application of other
available remedies if later violations are
discovered involving the same property.
(2) If the property owner or someone on his behalf has not
abated the nuisance within thirty (30) days from the date
of receipt of notice, the County Administrator shall have
the authority to issue an order to abate the nuisance,
authorizing the county's employees, servants, agents or
contractors to enter upon the property and take whatever
action is necessary to abate the nuisance.
Sec. 973.05 Public Hearing on Nuisance.
(1) A property owner may request a public hearing to contest
the code enforcement officer's determination that a
nuisance exists by writing to the clerk of the Board of
County Commissioners within fifteen (15) days of the date
of receipt of notice as provided for in Section 973.04 of
this chapter. The clerk shall set a date for hearing and
shall notify the owner and adjacent property owners in
writing at least fifteen (15) days prior to the hearing
date.
(2) At a public hearing, the owner, owners, occupant or
representative of the owner, owners or occupant of the lot,
parcel or tract of land or any interested person shall have
the right to present any relevant or material facts or
evidence on the following issues:
(a) Why the condition of such lot or parcel does not
create a public nuisance; or
(b) Why the cost of the abatement of such nuisance
should not be paid by the owner; or
(c) Why the cost of the abatement of such nuisance
should not be assessed against such lots, parcel
or tract or land.
763
(3)
At the conclusion of each hearing, the Board shall
determine whether a nuisance exists and, if so, the Board
shall, by resolution, declare the nature of the nuisance,
describing the lot, parcel or tract of land involved,
determine the name of the owner of such land, and shall
serve a copy of said resolution on the owner by registered
mail, return receipt requested. The owner shall have ten
(10) days from the date of such resolution to correct the
condition and situation described in such resolution. In
the event the owner fails to abate the nuisance within ten
(10) days the county shall take measures to abate the
nuisance and remedy the condition or situation and the cost
of such work, including labor, equipment, landfill,
recording and administrative costs, together with costs of
foreclosure or collection, including attorney's fees, shall
be taxed to the owner and become a lien against such lot,
parcel or tract of land. Authorized representatives of the
county shall have the right to go upon the land described
in such resolution at all reasonable times to abate the
nuisance and to remedy the condition or situation found to
exist.
(4) If after hearing, the Board determines a nuisance as
described in the notice of violation does not exist, or
has been abated prior to hearing, then such notice of
violation as served upon the owner or occupant shall be
considered null and void and of no effect, and no action
shall be taken by the county. Notice of such determination
shall be sent to the owner or the occupant of such parcel
of land by mail.
Sec. 973.06 Assessment for Abatement of Nuisance.
(1) After abatement of nuisance by the county, the cost thereof
to the county as to each lot, parcel or tract of land shall
be calculated and reported to the Board of County
Commissioners. Thereupon, the Board of County
Commissioners, by resolution, shall assess such costs
against such lot, parcel or tract of land. Such resolution
shall describe the land and state the cost of abatement,
which shall include an administrative cost of seventy-five
dollars ($75.00) per lot. Such assessment shall be a legal,
valid and binding obligation upon the property against
which made until paid. The assessment shall be due and
payable thirty (30) days after the mailing of notice of
assessment after which interest shall accrue at the rate
of twelve (12) per cent annum on any unpaid portion
thereof.
(2) The clerk shall mail a notice to the record owner or owners
of each of said parcels of land described in the
resolution, at the last available address for such owner
or owners, which notice may be in substantially the
following form:
764
NOTICE
Date:
To:
Address:
Property:
As the record owner of the property above described you
are hereby advised that Indian River County, Florida did
on the day of 19 , order the abatement
of a certain nuisance existing on the above property,
sending you notice thereof, such nuisance being:
[Describe Nuisance Briefly]
A copy of such notice has been heretofore sent you. You failed to
abate such nuisance; whereupon, it was abated by Indian River County
at a cost of $ . Such cost, by resolution of the Board of
County Commissioners of Indian River County, Florida has been
assessed against the above property on , 19 , and
shall become a lien on the property thirty (30) days after such
assessment. You may request a hearing before the Board of County
Commissioners to show cause, if any, why the expenses and charges
incurred by the County under this ordinance are excessive or
unwarranted or why such expenses should not be charged against the
property. Said request for hearing shall be made to the Clerk of the
Board of County Commissioners in writing within thirty (30) days from
the date of the assessment.
(3) If the owner fails to pay assessed costs within thirty (30)
days, a certified copy of the assessment shall be recorded
in the official record books of the county. The assessment
shall constitute a lien against the property coequal with
the lien of all state, county and special district liens,
as of the date of filing with the clerk and shall be
collectible in the same manner as county tax liens.
(4) In an action to foreclose liens, it shall be lawful to join
one or more lots, parcels, or tracts of land, by whomever
owned, if assessed under the provisions of this chapter.
The property subject to lien may be redeemed at any time
prior to sale by the owner by paying a total amount due
including interest, court costs and other costs incident
to the action.
(5) Upon payment of lien, the county attorney or his designee
shall, by appropriate means, evidence satisfaction and
cancellation of such lien.
Sec. 973.07 Reserved.
765
Sec. 973.08 Right to Hearing on Assessment.
(1) Prior to the expiration of the thirty (30) days provided
in section 973.04(2) of this chapter, any owner shall have
a right to have a hearing before the Board to show cause,
if any, why the expenses and charges incurred by the county
under this chapter are excessive or unwarranted or why such
expenses should not constitute a lien against said
property. However, nothing contained in this section shall
be construed to disturb or permit a review of the
determination by the Board of the existence of a public
nuisance under this chapter.
(2) Public hearings under this section shall be held by the
Board of County Commissioners upon written application for
hearing made to the clerk of the Board within thirty (30)
days after the resolution of assessment described in
Section 973.06, and an application for hearing, properly
filed, shall stay the recording of the assessment until a
hearing has been held and a decision rendered by the Board.
(3) If the Board determines after hearing that the assessment
is fair, reasonable, and warranted, the assessment
resolution shall be recorded. If the Board determines that
the charges are excessive or unwarranted, it shall direct
the County Administrator to recompute the charges and the
Board shall hold a further hearing after notice to the
owner upon the recomputed charges.
Sec. 973.09 Serving of Notice.
The requirement of serving of notice under the provisions of this
chapter shall be met by either sheriff's service, or by mailing
notice by registered or certified mail, return receipt requested, to
the owner at the address indicated on the records of the Indian River
County property appraiser of such lot, parcel or tract of land and
shall be deemed served when received. If the lot, parcel or tract of
land is not occupied, a copy of such notice shall also be placed in
a conspicuous place upon the property. In the event there is an
occupied dwelling on such lot, or lots, parcel or tract of land, a
copy of the notice shall also be served upon the occupant in the
manner provided herein.
u/r/ord/public
766
Sec. 974.01
$ec. 974.02
Sec. 974.03
Sec. 974.04
Sec. 974.05
Sec. 914.06
Sec.
Chapter
V br t on Control
Noise an
Purpose In General
Short Title and ons
Definitions Referenced tions
Noise and Vibration Restrictiproh t
Vibration g Zoning
Specific Noise a andontrol Standards Y
Additional Noise
District
Exemptions
Opportunity for AdministrativeApproval
Sec. 974.01 Short Title and Purpose.
This chapter shall be known and may be cited as the Indian River
County Noise and Vibration Control Ordinance.
and intent of this chapter t regulate
eg lateoises and
It is the purpose revent ex publiC
activities in such a manner ap of life, disturb the
vibrations which degrade the quality
peace, and jeopardize the health, safety
Hd int intent welfare
of the
of Indian River County. It is furtherlocation (e.g.,
recognize that factors such as the time of day,
proximity to residences), and necessity of sounds incidental to
allowed uses and activities must be considered in balancing the
protection of public peace, individual freedoms and private property
rights.
1
Sec. 974.02 Definitions Referenced.
The definitions of certain terms used in this chapter are set forth
in Chapter 901, Definitions, of the Indian River County Land
Development Code.
Sec. 974.03 Noise and Vibration Restrictions, In General.
It shall be unlawful for any person to make, continue, or cause to
be made or continued any excessive, unnecessary, or unreasonably loud
noise or vibration which disturbs the peace or quiet of any
neighborhood or which would cause discomfort or annoyance to any
reasonable person of normal sensitivity. Moreover, it shall be
prohibited for any person to engage in any use or activity that
creates any such noise or vibration contrary to the specific
provisions of this chapter.
Sec. 974.04
The following
activities in
conflict with
chapter.
Specific Noise and Vibration Prohibitions.
standards and restrictions shall apply to uses and/or
unincorporated Indian River County, except as may
the provisions of Section 974.06, Exemptions, of this
767
(2)
(1) Radios
. tele°
devices inion s
to be It ayed shall sets, music
musical inst�u used b or op rf ul to useins8n " si .
chine meat, ated, an perste, or m�1ar
sound Phonogra Y radio permit
between
et or Ph, television set g set,
manner as n the h urs the production or , or other
neighborin to create of 10:00 p.m• and reproduction of
q premises,a noise or vibration'di
a'm• in such
Pertaining
disturbance to
sin•
similarinq to radios, cassette
devices associated players
device shall be with disk Players and
noise operated in such motor vehicles, re such
such or vibration disturbance a manner
device, when at 100 feet as to create a
public space, operated on a public right-of-way more
or
Construction equipment and activity.
to operate any equipment or perfoIt shall be unlawful
construction or repair work on buildings
roads,or any outside
projects within the county between the hoursof8:00 p.m. and 6:00 a.m. unless an administrative approval
as set forth in Sec. 974.07 for such construction or repair
work between such hours has been obtained from Indian River
County on the basis of good cause shown.
(3) Engine mufflers. It shall be unlawful to operate any
internal combustion engine, including such an engine
associated with a motor boat, or motor vehicle without a
muffler or other device which will effectively prevent loud
or explosive noises therefrom.
(4) Animal noises. It shall be unlawful to keep or maintain
any animal (including birds) without providing and
maintaining adequate sound -control techniques to eliminate
any excessive, offensive, and unnecessary noise. This
provision shall not apply to property within an
agricultural zoning district.
Vehicle repair in residential areas. It shall be unlawful
to repair, rebuild, or test any motor vehicle between the
hours of 8:00 p.m. and 6:00 a.m. on property within or
abutting any residential zoning district in such a manner
as to disturb the peace, quiet, and comfort of the
residents of the area.
(5)
(6) Activities in the vicinity of schools, courts, churches,
and hospitals. It shall be unlawful to create any excessive
noise on any street adjacent to any school, court, church,
or hospital which unreasonably interferes with the workings
of such institution, or which disturbs or unduly annoys
patients in a hospital.
Loading or unloading of vehicles, opening bales, and boxes.
It shall be unlawful to within the create, or county that wouldnresult in
or excessive noise
(7)loud
768
a disturbance to neighboring properties in connection with
the loading or unloading of any vehicle or the opening or
destruction of bales, boxes, crates, or containers.
(8) Peddlers, hawkers, or vendors. It shall be unlawful for
peddlers, hawkers, or vendors to shout or cry along or on
a roadway to the disturbance of the peace or quiet of a
neighborhood.
(9)
Drums, cymbals, and loudspeakers. It shall be unlawful to
create, make, or maintain any noise by the use of any drum,
cymbals, loudspeaker, or other similar instruments in the
county for the purpose of attracting attention to any
performance, show, sale, or display of merchandise, or
place of business. This provision shall not apply to ice-
cream trucks or approval public events.
(10) Bells or sirens on vehicles. It shall be unlawful for any
person to use in conjunction with any unauthorized vehicle
any bell or siren similar to that used on ambulances or
vehicles of the sheriff, fire departments, and other public
safety agencies.
(11) Skateboard ramps. It shall be unlawful to use any
skateboard ramp or similar configuration between 8:00 p.m.
and 6:00 a.m. in a residential zoning district in such a
manner that would result in a disturbance to neighboring
properties.
(12) Air -blow cleaners. It shall be unlawful for any person to
operate any air -blow cleaning equipment or similar devices
for the cleaning of parking lots, walkways, driveways, or
similar areas between the hours of 10:00 p.m. and 6:00 a.m.
that would result in a disturbance to neighboring
properties.
(13) Places of Public Entertainment. It shall be unlawful for
any public entertainment establishment or person associated
with or working for said establishment to operate, play or
permit the operation or playing of any radio, television,
phonograph, drum, musical instrument, sound amplifier, or
similar device between the hours of 9:00 p.m. and 6:00 a.m.
in such a manner as to create noise or vibration that is
a disturbance to neighboring premises.
(14) Sounding of train horns or whistles. It shall be unlawful
for any engineer, conductor, fireman or other person in
charge of or in control of any locomotive or railroad train
of any railroad company operating wholly within this state
to sound any railroad train horn, whistle or other audible
warning signal between 10:00 p.m. and 6:00 a.m. in advance
of or at any rail highway crossing located within
Indian
River County, providing that the crossing is equipped dith
train -activated automatic traffic control devices, which
shall include, flashing lights, bells and crossing gates.
769
(15) Landscape maintenance. It shall be unlawful- for,Pny person
to undertake landscape maintenance activities in such a
manner as to create a noise or vibration disturbance to
neighboring premises between the hours of4-f007p.m. and
6:00 a.m.
Sec. 974.05 Additional Noise Control Standards By
Zoning District.
Except as may conflict with the specific noise and vibration
provisions of Sec. 974.04, it shall be unlawful, -to project a sound
or noise from one property into another property wittin the boundary
of the zoning district which exceeds the limiting noise spectra set
forth in Table I below.
(1)
Sound or noise projecting from one district into another
zoning district with a different noise level shall not
exceed the limits of the district into which the noise is
projected.
(2) The limits hereinabove referred to shall be in accordance
with the following table:
TABLE I
APPLICABLE NOISE LIMITS
Measurement period one-quarter hour (continuous), as measured at the
property boundary of the receiving parcel. In multi -family -developments
(including duplex developments), the measurement shall be taken from
the receiving premises.:;
****************************************************************************
SOUND LEVEL INDECIBELS
A -SCALE
ZONING DISTRICT
(DBA)
DAY
6:00 a.m. - 10:00 p.m.
L L L
1 10 50
IGHT
10:O0p.m.- 6:00 a.m.
L L
10 50
***********************************************************,*I****************
Conservation 65 60 55 '60 55 55
Residential 70 65 60 65 60 55
Commercial 75 70 65
Industrial 75 70 65 75 705 ` 65 60
Agricultural 3 70 65
***************************************** ****0 **********************0 *******
Level L(1). That noise (A -weighted sound level) exceeding one 41) percent of a
measurement time equivalent to at least 15 minutes.
3Residential developments within Agricultural Zoning
shall be subject to the decibel level thresholds
"Residential" Zoning Districts.
770
Districts
for the
Level L(10). That noise (A-weighted_sound level) exceeding ten (10) percent of a
measurement time equivalent to atlhesas. <15`minutes.
Level L(50). That noise (A-weighdfsound level) exceeding fifty (50) percent of
a measurement time equivalent to at least 15 minutes.
(3) If the noise occurs at any time on Sunday or holidays, the
decibel level applicable between 10 p.m. and 6 a.m. shall
prevail. r
(4) Noise levels shall-ilo exceed the peak noise levels,
independent of time dur tibn,`aset out in Table II below:
TABLE II
PEAR NOISE LEVELS
SOUND LEVEL IN DECIBELS
ZONING DISTRICT A -SCALE
()
Conservation 75
Residential —35
Commercial $3
Industrial 33
\gricultural 86
(5)
For noise of impulsive character (hammering, etc.), the
permissible decibel levels set out in Table I shall ha
corrected by subtracting 5 decibels. Impulsive sound is any
sound of short duration, usually less than one (1) second
with an abrupt onset and rapid decay, e.g. explosions,
blasting, and discharg@ of firearms.
Sec. 974.06 Exemptions.
The following noises or`vibrations shall be exempt from the
restrictions set forth in the other sections of this chapter.
(1) Noises of authorized safety signals and warning devices.
(2) Noises resulting from any authorized emergency vehicle, when
responding to an emergency call or acting in time of
emergency or any other public safety operation.
Noises resulting from emergency work, which is to be
construed as work made necessary to restore property to a
safe condition following a public calamity, or work required
to protect persons or property from any imminent exposure to
danger.
(3)
771
(4) Noises incidential to mosquito control.. activities by the
Indian River County Mosquito Control Board.
(5) Noises incidential to the activities of bonafide agricultural
operations.
(6) Noises or vibrations associated with uses or activities
whereby an administrative approval to produce such noises or
vibrations contrary to the restrictions of this Chapter has
been obtained from the Community Development Director, as set
forth in Sec. 974.07 of this ',chapter:
Sec. 974.07 Opportunity for Administrative Approval.
A deviation from the provisions of this chapter may be granted via
an administrative approval from the Community Development Director.
In reviewing a request for an exemption frort the noise and vibration
restrictions of this chapter, the Community Development Director
shall consider the following factors:
Whether or not the proposed use or
activity necessarily warrants a. deviation
from the noise and vibration restrictions
of this chapter;
Whether or not the noise and/or :vibration
associated with the proposed use or
activity is compatible with surrounding
land uses so as not to , create a
disturbance to adjacent properties;
Whether or not the applicant has taken or
will take all effort to limitexcessivenoises or vibrations associatedlgith the
proposed use or activity to "meet the
intent of this chapter; and
In cases where the use or activity is
proposed between 8:00 p.m. and 6:00 a.m.,
whether or not such hours of operation
are necessary, and if so, are noise and
vibrations associated with the use or
activity minimized.
u/r/ord/control
772