Loading...
HomeMy WebLinkAbout1978-10INDIAN RIVER COUI4TY ORDINANCE NO. 78-10 BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that Section 23, of Indian River County Ordinance 71-3, is hereby amended in total as follows: SECTION 23. SITE PLAN APPROVAL It is the intent of this Ordinance to aid in the achieve- ment of goals set forth in the Zoning Ordinance of Indian River County. It is further the intent of this Ordinance to determine and control environmental, ecological -economic impact, to insure continuity of traffic patterns and development compatible with surrounding property and provide for conformity to County develop- ment, and the Comprehensive Land Use Plan. Whenever site plan approval is required in this Ordinance, the following procedures and requirements shall be followed: A. SITE PLAN REVIEW - PROCEDURE: When site plan approval is required, no building or structure, or part thereof, shall be erected, or used, or land or water used, or any change of use consummated, nor shall any building permit be issued therefor, unless a site plan for such building, structure or use shall have been reviewed and approved by the Indian River County Planning and Zoning Commission, hereinafter referred to as the Commission. 1. No public notice or hearing is hereby required for consideration by the Commission but such matters shall be con- ducted in a public session. This review is required for special exceptions of any development of a multiple residential use-, a • business or a commercial -industrial use, except that a building permit for a single family dwelling on a single lot in the following zoning districts may be granted without site plan approval: A - Agricultural R -1G - Single family R-lAA - Single Family R-lA - Single Family R-1 - Single Family 2. Before such site plan shall be approved, an application for such approval shall be filed with the County Planning Department at least 20 days before the meeting at which the Commission considers the application. Any application, in the discretion of the County Administrator, may during the 20 day filing period be considered and commented upon by the various county departments. 3. An application shall be in a form substantially in accordance with the form prescribed by the County Planning Depart- ment's office, copies of which may be obtained from the Planning Department of the County. The notarized authority for a person other than the owner (s) to sign such application must be attached to and accompany said application. 4. Any application shall be accompanied by a fee to be paid to the County; said fee established by the Board of County Commissioners by Resolution. B. Any such building, structure or use shall be erected, altered, installed and maintained in full conformity with the provision of the Zoning Ordinance and with a site plan as approved by the Commission. C. In reviewing such site plan, the Commission shall consider the location, size, height, spacing, appearance, character and utilization of any building, structure or use and their appurtenances, access and circulation of vehicles and pedestrians, streets, parking area, yards and open spaces, ` landscaping and relationship to adjacent property, and access to adequate utility systems. D. The Commission shall not approve such plan unless it finds that such site plan conforms to all applicable provisions of the Zoning Ordinance, that the safety and convenience of the public are properly provided for, that adequate off-street parking - 2 - and loading facilities are provided for owners, tenants, victors and employees, and that adequate protection and separation are provided for contiguous and nearby residential property. E. The Commission may attach to its approval of a site plan any reasonable conditions, limitations or requirements which are found necessary in its judgment to effectuate the purposes of this section and carry out the spirit and purpose of the Zoning Ordinance. F. A site plan for the purpose of this Section, shall include, but not necessarily be limited to, the following where applicable: 1. Statements of ownership and control of the proposed development. 2. Name of development. 3. Statement describing in detail the character and intended use of the development. 4. A site plan superimposed on a survey, with legal description prepared by a registered surveyor or engineer, of the property drawn to a scale of sufficient size to show: a. Exact location of all buildings and structures; b. All means of ingress or egress; C. All screen and buffer areas; d. Off-street parking/off-street loading areas; sight distances at corners, Sec. 25 (m) (1) Indian River County Code. e. Refuse collection areas; f. Access to utilities and points of utilities hook-up; g. Natural features such as streams, lakes, or other topographic features. h. All site plans for construction of structures that exceed Five Thousand Dollars ($5,000.00) must be prepared by an architect or engineer under seal licensed to practice in Florida. - 3 - i 5. Landscaping plan, including type, sizes, and locations of vegetation and decorative shrubbery, and showing pro- visions for irrigation and maintenance. Location on the site of all existing trees shall be shown in accordance with the Landscape Ordinance. 6. Storm drainage and sanitary sewage plans. 7. Location, size and description of all signs. 8. A site development plan which includes the following written data: a. Total acreage; b. Total number of dwelling units (with breakdown of hotel rooms, efficiencies, bedrooms, baths, apart- ments, etc.); C. Density county (dwelling units per gross acre of area); d. Total ground floor coverage of all buildings; e. Total number of parking spaces; f. Gross open space, including everything except building coverage; Give acreage and percentage of total development. g. Vehicular open space, (streets and parking area). h. Recreational open space, (swimming pools, tennis courts, etc.,) Give acreage and percentage of development. 9. Typical floor plans, indicating square footage, and elevations for each type of structure. 10 Such additional date, maps, plans or statements as may be required for the particular use of activity involved. - 4 - 11. Such additional. data as the applicant may believe is pertinent to the site plan or as may be required by the Commission. CRITERIA The following criteria shall be used by the Commission for the purpose of review of the site plans: 1. The Commission shall review site plans subject to criteria including, but not limited to, the Zoning Landscaping and Subdivision Ordinances, and may require those changes that are deemed as necessary for the protection and promotion of the health, safety and general welfare of the public. 2.• For the purpose of this ordinance, private streets for multiple residences shall. meet minimum right-of-way widths as required by the Subdivision Ordinance and Planning and Zoning Commission of Indian River County. The purpose of this sub- section is to establish minimum setback lines for public con- veniences and shall not be interpreted as prohibiting curbing, landscaping, parking or walkways within the distances established by this section. Further, the Commission may require dedication of right-of-way when found necessary by that Commission to collect and convey traffic to established or proposed traffic ways. 3. All land improvements shall be subject to Indian River County Subdivisions road standards. G. MODIFICATION OF SITE PLAN: Any change in use of building, structures, land or water, or institution of new uses, or alteration of or additional buildings or structures or erection of new buildings or structures, shall be in accordance with a new or modified site plan conforming and approved pursuant to this section. H. TIME LIMIT: The site plan approval shall .terminate twelve (12) months thereafter if construction has not been started. Extensions of time may be made by the Board of County Commissioners at its discretion. - 5 - In the event the property receiving site plan approval shall be sold, transferred, leased or the ownership thereof changed in any way, the site plan approval shall become null and void. I. SITE PLAN APPROVAL - PROCEDURE: Upon the approval of such site plan by the Commission, a building permit may be issued by the Building Department of the County, provided, however, any applicant for site plan approval, or any other person having any legal interest therein, may file an appeal to the Board of County Commissioners to review the action of the Commission in allowing or disallowing such application for site plan.approval, which appeal shall be in writing and filed with the Building Department within ten (10) days from the date of the final action of the Commission, and shall be transmitted to the Board of County Commissioners by the Building Department. The Board of County Commissioners shall thereupon set a date for a public hearing with regard to such appeal, after giving public notice thereof in such manner as the Board of County Commissioners shall prescribe, at which time all interested parties shall have the right to appear before the Board of County Commissioners in regard thereto and the Board of County Commissioners i shall thereupon render its decision therein. The decision of the i Board of County Commissioners shall be final, unless otherwise appealed to the courts. No permit shall be granted by the Building Department of the County until the time for appeal from the decision of the Commission as herein provided shall have expired. When an appeal is so filed, no such permit shall be issued until after final determination of such appeal has been made. J. INSPECTION AND CERTIFICATION: 1. Upon approval of a site plan by the Commission and before construction begins, the applicant shall notify the Indian River County Zoning Department,in writing, of the intent to begin construction and a proposed construction schedule. The Zoning Department shall conduct periodic inspections to insure the Project is completed in accordance with the approved site plan. - 6 - 2. Minor variations are permitted after Zoning Department- approval in writing, which approval shall be affixed to the site plan. Cease and desist orders may be issued by the Zoning Department when violations are discovered and all work not in conformity with the approved site plan shall cease until Zoning Department approval is given or a revised site plan is approved by the Commission. 3. The applicant's architect or engineer of record shall notify the Zoning Department when the project is completed and shall certify under seal that it conforms to the approved site plan and that any variations have been approved in writing by the Zoning Department. The Zoning Department shall make a final inspection and certify the project was completed in accordance with the approved site plan and the Final Certification of Approval shall be attached to the site plan and a copy sent to the applicant. 4. A fee for said inspections shall be established by Resolution of the Board of County Commissioners. K. Should any section, clause, word or provisions of this ordinance, or application of a provision contained within this ordinance, be declared by the County to be unconstitutional or invalid, such declaration shall not affect the validity of. the ordinance as a whole or any part thereof, other than the part or application declared to be unconstitutional or invalid. L. This Ordinance shall be effective this 12th day of April , 1978.