HomeMy WebLinkAbout1985-04INDIAN RIVER COUNTY ORDINANCE NO. 85-_
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN
RIVER COUNTY, FLORIDA, AMENDING APPENDIX A OF THE CODE OF
LAWS AND ORDINANCES, KNOWN AS THE ZONING CODE, ENACTING A
COMPREHENSIVE AMENDMENT TO THE RESIDENTIAL ZONING DISTRICTS
AND SEVERAL RELATED ZONING REGULATIONS BY: 1) CREATING
SECTION 3(A) "ESTABLISHMENT OF DISTRICTS AND BOUNDARIES
THEREOF"; 2) CREATING SECTION 3(A).1, "APPLICATION OF
DISTRICT REGULATIONS"; 3) CREATING SECTION 4(A) "A-1:
AGRICULTURAL DISTRICT"; 4) CREATING SECTION 4(A).1,
"RFD:RURAL FRINGE DEVELOPMENT DISTRICT"; 5) CREATING SECTION
5(A) "RS-1:SINGLE FAMILY DISTRICT"; 6) CREATING SECTION
6(A), "RS -3 AND RS-6:SINGLE FAMILY RESIDENTIAL DISTRICTS";
7) CREATING SECTION 9(A) "RT-6:TWO-FAMILY RESIDENTIAL
DISTRICT"; 8) CREATING SECTION 10(A), "RM -3, RM -4 AND
RM-6:MULTIPLE FAMILY RESIDENTIAL DISTRICTS"; 9) CREATING
SECTION 11(A), "RM -8, RM -10 AND RM-14:MULTIPLE FAMILY
RESIDENTIAL DISTRICTS"; 10) CREATING SECTION 130), "RMH-6
AND RMH-8:MOBILE HOME RESIDENTIAL DISTRICTS"; 11) CREATING
SECTION 20.2, "CRVP:COMMERCIAL RECREATIONAL VEHICLE PARK
DISTRICT"; 12) CREATING SECTION 25.1, REGULATIONS FOR
SPECIFIC LAND USES"; 13) CREATING SECTION 25.2, "REVIEW OF
USES REQUIRING ADMINISTRATIVE PERMITS"; 14) CREATING SECTION
25.3, REGULATION OF SPECIAL EXCEPTION USES"; AND PROVIDING
FOR ALTERNATE SECTIONS AS WELL AS CODIFICATION,SEVERABILITY,
AND EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN
RIVER COUNTY, FLORIDA that;
TABLE OF CONTENTS
Page
Titleof Ordinance ..........................................
i
SECTION 1.. ..... ....
1
Section 3(A). Establishment ofDistricts and Official
Zoning Atlas
SECTION 2�
.. ........... .. .... ........
Section 3(A).1 Application of District Regulations
3
SECTION 3. ....... .... ... .................
Section 4(A).A-1:Agricultural District
7
SECTION 4�
... .... ....
Section 4(A).1. RFD: Rural Fringe Development District
11
SECTION 5��
..... ...... ....
Section 5(A). RS -1: Single Family Residential District
14
SECTION 6 .... ... ..... ... ...
Section 6(A). RS -3 and RS -6: Single Family Residential
17
Districts
SECTION 7...... .......... .... .......
Section 9(A). RT -6: Two -Family Residential District
20
SECTION 8 .......
Section 10(A). RM -3, RM -4 and RM -6: Multiple Family
P3
Residential District
SECTION 9
27
Section 11(A). RM -8, RM -10 and RM -14: Multiple Family
Residential Districts
SECTION 10 ......................................
31
Section 13(A). RMH-6 and RMH-8: Mobile Home Residential
Districts
SECTION 11 .. .... .... .....
35
Section 20.2. CRVP: Commercial Recreational Vehicle
Park District
SECTION12 .................................................
39
Section 25.1. Regulations for Specific Land Uses
SECTION 13. .. .. .�
.. .. .. .......
59
Section 25.2. Review ofUsesRequiring Administrative
Permits
SECTION 14.. .. .. ... ..............
60
Section 25.3. Regulation of Special Exception Uses
SECTION 15 .. .. .. .......................
64
Repeal of Conflicting Provisions 5
SECTION16 .................................................
64
Incorporation in Code
SECTION 17 ...............................................
64
Severability
SECTION 18 ..............................................
Effective Date
64
ATTACHMENT #1�
... ..
A-1
Table of Permitted Uses: Agricultural and Residential
Zoning Districts
. ...... ...... ... ..... ... ...
ATTACHMENT N2... .. ..........
B-1
Summary Table of Size and Dimension Criteria: New
Zoning Districts
SECTION 1
A new Section 3(A), entitled "Establishment of Districts and Official Zoning
Atlas", is hereby adopted and shall read as follows:
SECTION 3(A). ESTABLISHMENT OF DISTRICTS AND OFFICIAL ZONING ATLAS
A. ESTABLISHMENT OF DISTRICTS.
In order to classify, regulate and restrict the use of land, water, build-
ings, and structures; to regulate and restrict the height and bulk of
buildings;to regulate the area of yards and other open spaces about build-
ings; to regulate the intensity of land use, the unincorporated area of
Indian River County, Florida, is divided into districts as follows:
1. Agricultural Districts.
a. A-1: Agricultural
2. Rural Transition Area Districts.
a. RFD: Rural Fringe Development
b. RS -1: Single Family
3. Residential Districts.
a. RS -3 and RS -6: Single Family
b. RT -6: Two Family
c. RM -3, RM -4 and RM -6: Multiple Family
d. RM -8, RM -10 and RM -14: Multiple Family
e. RMH-6 and RMH-8: Mobile Home Residences
4. Commercial Districts.
a. B-1: Planned Business
b. C -IA: Restricted Commercial
c. C-1: Commercial
d. C-2: Heavy Commercial
e. CRVP: Commercial Recreational Vehicle Park
f. MED: Medical District
5. Industrial Districts.
a. LM -1: Light Manufacturing
b. M-1: Restricted Industrial
6. Special Purpose Districts.
a. MP: Marine Park
B. OFFICIAL ZONING ATLAS.
Establishment of Official Zoning Atlas. The boundaries of such
districts are hereby fixed and established as shown in the accompany-
ing Zoning Atlas, consisting of Sectional maps which are identified by
sheet number and an index map. This Zoning Atlas is on file in the
office of the Board of County Commissioners of Indian River County,
Florida. Each sectional map and the index map are hereby adopted and
made a part of this ordinance as if the matters and information set
forth by said maps were fully described herein.
2. Inter retation of District Boundaries. The boundaries of the various
districts as shown in the Zoning Atlas and the sectional map sheets
shall be determined by the boundaries as shown and outlined thereon
and when not clearly so determined, by use of the scale shown on said
maps unless actual dimensions are noted. Scale and field measurements
and map dimensions shall be figured from the center line of streets,
highways, alleys and railroad rights-of-way or public waters, as the
case may be. Where uncertainty exists as to the exact location of
said boundaries, the following rule shall apply:
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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 bounda-
ry lines approximate y 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 or Bodies of Water.
Where district boundaries are approximately parallel to a street,
highway, road, alley, railroad right-of-way or 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 Dividing Parcels of Land. In subdivided
property or where a district boundary divides a subdivided lot,
the location of such boundary, unless the same is indicated by
dimensions shall, be determined by the use of a scale appearing
on a district map. Where a district boundary divides a platted
lot, the zone classification of the greater portion shall prevail
throughout the lot.
e. Action in Case of Uncertainly. In case any further uncertainty
exists, the Board of Adjustment shall interpret the intent of the
district map as to location of such boundaries.
f. Street and Rights -of -Way Abandonments. Where a public road,
street, alley or other right-of-way is officially vacated or
abandoned, the regulations applicable to the property to which it
reverted shall apply.
g. Excluded Areas. Unless areas are classified on or by the Offi-
cial Zoning Atlas of Indian River County, or the appropriate
classification can be established by the rules above, such areas
shall be considered to be classified as Agriculture (A-1) until
such time as the land is rezoned by the Board of County Commis-
sioners.
h. Amendment to the Official Zoning Atlas. No changes or amendments
to the Official Zoning Atlas shall be initiated, except in
compliance and conformity with all procedures and requirements of
this Code. If in accordance with procedures of this code changes
are made in district boundaries or other such information por-
trayed 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.
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SECTION 2
Section 3(A).1, entitled "Application of District Regulations", is hereby
created to read as follows:
SECTICN 3(A).1 APPLICATION OF DISTRICT REGULATIONS
ESTABLISHMENT OF USE CLASSES.
Use Classes, Generally. In order to implement the purpose and intent
and provisions of the Indian River County Zoning Ordinance, the
following use classes are hereby established:
a. Agricultural Uses
b. Residential Uses
C. Institutional Uses
d. Community Service Uses
e. Recreation Uses
f. Commercial Uses
g. Industrial Uses
h. Transportation Uses
i. Utility Uses
j. Earthmoving Uses
2. Designation of Specific Uses by Use Class and Sub -Class The use
classes established above may be divided into various use sub -classes
and shall comprise the various specific uses as set forth in the
zoning districts, as established in Section 3A.
3. Interpretation of Use Classes and Sub -Classes. Where the terms listed
in paragraph "l.", above, are used in this Ordinance 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.
B. PERMITTED USES.
1. Permitted Uses, Generally. It is the intent of this Ordinance to
permit certain uses, not otherwise illegal, to locate in specified
zoning districts, either as a permitted use, use requiring administra-
tive permit, or special exception use.
2. Unlisted Uses.
Uses Not Specifically Listed. In the event there is not a
particular use listed anywhere in the Ordinance that describes a
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 shall apply. Not-
withstanding, when a particular use might be construed to qualify
as a permitted use, use requiring an administrative permit or
special exception use in a district, if such use has characteris-
tics more similar to a particular use listed or defined elsewhere
in the Ordinance then it shall be interpreted that the latter
listing or definition shall govern. Where uncertainties continue
to exist, the question shall be determined by the Planning and
Development Director.
b. Criteria for Reviewing Uses Not Listed. Upon application to the
Planning and Development Director, he or she shall consider among
other relevant matters, traffic generation, density of popula-
tion, and hours of operation of the proposed use in comparison to
specifically named uses within the Ordinance and the criteria set
forth in the Comprehensive Plan. The Planning and 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.
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c. Appeals of Decisions on Unlisted Uses. Such decisions may be
appealed to the Board of ZoningAdjust-merit in conformance with
the provisions of Section 26(A).
3. Permitted Uses, Specifically. No structure shall be erected, con-
structed, reconstructed or structurally altered, nor shall any struc-
ture or land or combination thereof, be used unless the u -e 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 nonconfor-
mities as provided in Section 25(J). Accessory uses, administrative
permit uses and special exception uses.
4. Accessory Uses. No accessory use or structure, as defined in Section
2, shall hereafter be constructed, remodeled, established, altered or
enlarged unless such accessory use or structure complies with the
provisions of Section 25(G) "Accessory Buildings".
C. USES REQUIRING ADMINISTRATIVE PERMIT.
New Uses Requiring Administrative Permits. It is the intent of this
Ordinance to allow any use requiring an administrative permit in the
appropriate zoning district, provided the criteria established for
such uses in Section 25.1, "Regulations for Specific Land Uses", are
satisfied and such uses are reviewed pursuant to the procedures of
Section 25.2, "Review of Uses Requiring Administrative Permits".
D. SPECIAL EXCEPTION USES.
New Special Exception Uses. No special exception use, as designated
within this Ordinance, shall hereafter be established unless such use
has been approved pursuant to the provisions of Section 25.3, Regu-
lation of Special Exception Uses.
ESTABLISHMENT OF SIZE AND DIMENSION CRITERIA.
In order to carry out the purpose and intent and provisions of this Ordi-
nance, 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 this
Ordinance. The minimum area, yards and other open spaces, including the
intensity of use provisions, contained in this Ordinance 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 this
Ordinance.
Maximum Density. In no instance shall the maximum density specified
for a given zoning district be exceeded in the approval of any site
plan. 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 circu-
lation, drainage, recreation, and other related or accessory facil-
ities, exclusive of commercial, industrial, and other non-residential
uses.
Lot Size Requirements.
a. Generally. Except as may be qualified by the provisions of the
Ordinance, including Section 25(J), Nonconforming Lots, Uses and
Structures, 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. Further-
more, no structure or land shall hereafter be used, occupied or
arranged for use on a lot which does not meet all of the minimum
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lot size requirements presented for the district in which such
structure or land is located.
b. Reduction of Lot_ Size or Yards; Subdivision No lot or yard
existing at the effective date of this Ordinance shall thereafter
be reduced in size, dimension, or area below the minimum require-
ments 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 Ordinance shall meet the minimum
requirements established herein.
C. Applicability to All Uses. Unless otherwise specified in this
Ordinance, all permitted 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 this Ordinance.
d. Structure Built on Two Lots. A building constructed on a site
consisting of two 2 lots must be located either within the
required setback from the common or center lot line, or the
building must be constructed on both lots. 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.
e. Lots of Record Less than Minimum Size. Any lot of record at the
time of the adoption of this Ordinance which contains less lot
area or a 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 (1) dwelling unit
on a lot with less lot area per family than required for the
district in which such lot is located.
f. Use of Lots in Single Family Districts. In single family dis-
tricts, 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 lot or parcel of land.
Minimum Yard Requirements.
a. 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 Ordi-
nance or as exempted in paragraph "b., Exemptions", below.
b. Exemptions. The following structures shall be exempt from the
minimum yard requirements set forth in this Ordinance: under-
ground utility equipment, clothes lines, flag poles, mail boxes,
police call boxes, traffic signals, fire hydrants, light poles or
any similar structure or device as determined by the Planning and
Development Director.
C. Accessory Uses and Structures. Special yard requirements related
to accessory uses and/or structures are provided in Section
25(G).
d. Yard Encroachments. See Section 25(B), "Encroachments into
Required Yards".
e. 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.
f. Yards Adjacent to Agricultural Operations. Notwithstanding any
other provisions of this Ordinance, on all lots created after the
effective date of this Ordinance which are adjacent to active
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agricultural operations involving citrus groves, orchards, field
crops, or truck farming, all yards for non-agricultural activ-
ities shall provide a minimum fifty (50) foot setback or a
heavily landscaped twenty-five (25) foot bufferyard in order to
adequately protect residents from aerial spraying.
g. Residential Setbacks, Generally. No dwelling shall be erected
closer to another dwelling than double the minimum setback
restrictions, except where two (2) dwellings are erected on a
single tract of land.
h. Yard Requirements for Residential Uses in Non -Residential 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 -14 dis-
trict.
4. Minimum Floor Area. Minimum floor area, where specified, shall mean
the minimum gross floor area permitted for a dwelling unit, exclusive
of garages, open and screened porches, carports, terraces and patios.
5. Maximum Floor Area Ratio. (RESERVED)
6. Maximum Building Height. Maximum building height, where specified,
shall apply to all structures located in the zoning district except
those structures and appurtances excluded in Section 25(A), Height
Exceptions. Further, no structure shall exceed any height limitations
prescribed in Section 25(P), Airport Height Limitations.
7. Maximum Lot Coverage. Maximum lot 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 ground
level.
8. 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 this Ordinance. 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, except those approved
buildings and structures used exclusively for recreational purposes.
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SECTION 3
A new Section 4(A), entitled "A-1: Agricultural District", is hereby adopted and
shall read as follows:
SECTION 4(A). A-1: AGRICULTURAL DISTRICT
A. PURPOSE AND INTENT.
The A-1 district is established to implement the Indian River County
Comprehensive Plan policies for managing land designated for agricultural
development on the Comprehensive Plan Land use Map. The purpose of the A-1
district is to carry out the goals and objectives of the Indian River
County Comprehensive Plan which recognizes that agricultural production is
an essential industry and a major contributor to Indian River County's
economy. The A-1 district is intended to protect agricultural lands,
recognizing that they are valuable due to the unique soil characteristics
and local climatic conditions which render the designated land especially
productive for agriculture and silviculture.
The Agricultural District is also intended to protect both existing and
potential agricultural land from the encroachment of urban development.
Furthermore, the Agricultural District is intended to promote conservation
of open space, vegetative cover, natural systems, aquifer recharge areas,
wildlife habitats, and scenic areas. Finally, the purpose of this district
is to permit a variety of activities which require non -urban locations but
which do not detrimentally impact lands devoted to rural and agricultural
purposes.
B. PERMITTED USES.
In the A-1 Agricultural District no building or structure shall be erected,
altered or used, nor shall any land or water use be permitted, except for
one or more of the following. Site plan review shall be required for all
uses except single family dwellings and Agricultural Uses, as established,
herein, pursuant to the provisions of Section 23.
1. Agricultural Uses.
- General Farming Activities
- Kennels and Animal Boarding Places, Noncommercial
- Livestock and Poultry Raising
- Nurseries and Greenhouses, Noncommercial
- Plant Nurseries
- Stables, Commercial
- Stables, Noncommercial
- Tree Farms
2. Residential Uses.
- Single Family Dwelling
3. Institutional Uses.
- Cemeteries
- Foster Care Facilities
- Places of Worship
4. Community Service Uses.
- Emergency Services
5. Recreational Uses.
- Parks and Playgrounds Open to the Public
6. Utility Uses.
- Public and Private Utilities, Limited
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C. USES REQUIRING ADMINISTRATIVE PERMITS.
The following uses shall be permitted in the A-1 Agricultural District,
subject to the specific use criteria established in Section 25.1, "Regu-
lations for Specific Land Uses" and review procedures established in
Section 25.2 "Review of Uses Requiring Administrative Permits".
1. Agricultural Uses. (Section 25.1(A))
- Agricultural Research Facilities
- Dairy Farming
- Fruit and Vegetable Packing Houses
- Kennels and Animal Boarding Places, Commercial
- Small Animal Specialty Farms
- Tenant Dwellings
2. Residential Uses. (Section 25.1(8))
- Mobile Homes
3. Institutional Uses. (Section 25.1(C))
- Child Care or Adult Care Facilities
4. Recreational Uses. (Section 25.1(E))
- Country Clubs
- Golf Courses
5. Commercial Uses. (Section 25.1(F))
- Fruit and Vegetable Stands
- Veterinary Clinic or Animal Hospital
6. Earthmoving. (Section 25.1(J))
- Mining Activities
D. SPECIAL EXCEPTION USES.
The following uses may be permitted within the A-1 Agricultural District,
subject to the specific use criteria established in Section 25.1, "Regu-
lations for Specific Land Uses" and review procedures established in
Section 25.3 "Regulation of Special Exception Uses".
1. Agricultural Uses. (Section 25.1(A))
- Agricultural Businesses, excluding wholesaling and processing
- Agricultural Industries
2. Residential Uses.
- Guest Cottages (Section 25.1(8))
- Planned Residential Developments (Section 25.4)
3. Community Service Uses. (Section 25.1(D))
- Correctional Institutions
- Cultural and Civic Facilities
- Educational Facilities, Excluding Business, Secretarial &
Vocational
- Governmental Administration Buildings
4. Recreation Uses. (Section 25.1(E))
- Major Sports and Recreation Areas and Facilities
5. Transportation Uses. (Section 25.1(H))
- Airports and Airstrips
6. Utility Uses. (Section 25.1(I))
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- Public and Private Utilities, Heavy
- Transmission Towers: Microwave, Radio, T.V., etc.
E. ACCESSORY USES AND STRUCTURES.
As provided in Section 25(G), "Accessory Uses and Structures".
F. DIMENSIONAL REGULATIONS.
As provided in Table 4(A)-1, herein, and Section 3(A).1, "Application of
District Regulations".
G. PERMITTED SIGNAGE.
As provided in Section 25(0), "Signs".
H. WALLS AND FENCES.
As provided in Section 25(I), "Walls and Fences".
I. MINIMUM OFF-STREET PARKING REQUIREMENTS.
As established in Section 24, "Off -Street Parking and Loading Regulations".
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TABLE 4(A): SIZE AND DIMENSION CRITERIA
A-1 ZONING DISTRICT
ZONING DISTRICT
A-1
REGULATION
UNIT OF MEASURE
MAX. DENSITY
0.2
d.u. per gross acre
MIN. LOT SIZE
5.0
acres
MIN. LOT WIDTH
150
feet
MIN. YARD
- Front
- Side
- Rear
30
301
301
feet
MIN. FLOOR AREA
- SF
- Tenant
750
400
square feet per
dwelling unit
MAX. BLDG. HEIGHT
35
feet
MAX. LOT COVERAGE 30 % of lot
MIN. OPEN SPACE 50 % of lot
Notes:
1: As established in Section 3(A).1(E)(3)(f), for all lots created after the
effective date of this ordinance which are adjacent to active agricultural
operations, all yards for non-agricultural activities shall provide a minimum
fifty (50) foot setback or a heavily landscaped twenty-five (25) foot bufferyard.
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SECTION 4
Section 4(A).1, entitled "RFD:Rural Fringe Development District", is hereby
created to read as follows:
SECTION 4(A).1: RFD: RURAL FRINGE DEVELOPMENT DISTRICT
A. PURPOSE AND INTENT.
The RFD district is established to implement the Indian River County
Comprehensive Plan policies for managing land designated RR -1 on the
Comprehensive Plan Land Use Map for rural -residential at a density of one
(1) unit per two and one-half (2.5) acres. The RFD Rural Fringe Develop-
ment District is generally located between lands designated for urban
development and land designated on the Comprehensive Plan for agricultural
use.
The RFD Rural Fringe Development District is intended to provide oppor-
tunities for very low density residential living in rural areas on the
outside fringe of suburban development. In addition to rural residential
uses, the RFD district is intended to accommodate limited types of
non-commercial agricultural uses with characteristics compatible with
suburban land in the immediate vicinity. Finally, the RFD Rural Fringe
Development District is intended to include development options with
characteristics which do. not adversely impact the sensitive nature of
adjacent agricultural lands.
B. PERMITTED USES.
In the RFD, Rural Fringe Development District, no building or structure
shall be erected, altered or used, nor shall any land or water use by
permitted, except for one or more of the following. Site plan review shall
be required for all uses except single family dwellings, pursuant to the
provisions of Section 23.
1. Residential Uses.
- Single Family Dwelling
2. Institutional Uses.
- Foster Care Facilities
- Places of Worship
3. Community Service Uses.
- Emergency Services
4. Recreation Uses.
- Parks and Playgrounds Open to the Public
C. USES REQUIRING ADMINISTRATIVE PERMITS.
The following uses shall be permitted in the RFD, Rural Fringe Development
District, subject to the specific use criteria established in Section 25.1,
"Regulations for Specific Land Uses" and review procedures established in
Section 25.2, "Review of Uses Requiring Administrative Permits".
1. Agricultural Uses. (Section 25.1(A))
- Kennels and Animal Boarding Places, Noncommercial
- Nurseries and Greenhouses, Noncommercial
- Stables, Noncommercial
2. Institutional Uses. (Section 25.1(C))
- Child Care or Adult Care Facilities
D. SPECIAL EXCEPTION USES.
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The following uses may be permitted within the RFD, Rural Fringe Develop-
ment District, subject to the specific use criteria established in Section
25.1, "Regulations for Specific Land Uses" and review procedures estab-
lished in Section 25.3, "Regulation of Special Exception Uses".
1. Residential Uses.
- Guest Cottages (Section 25.1(8))
- Planned Residential Developments (Section 25.4)
2. Community Service Uses. (Section 25.1(D))
- Educational Facilities, Excluding Business, Secretarial &
Vocational
- Governmental Administration Buildings
3. Recreation Uses. (Section 25.1(E))
- Country Clubs
- Golf Courses
4. Utility Uses (Section 25.1(I))
- Public and Private Utilities, Limited
E. ACCESSORY USES AND STRUCTURES.
As provided in Section 25(G), "Accessory Uses and Structures".
F. DIMENSIONAL REGULATIONS.
As provided in Table 4(A).1, herein, and Section 3(A).1, "Application of
District Regulations".
G. PERMITTED SIGNAGE.
As provided in Section 25(0), "Signs".
H. WALLS AND FENCES.
As provided in Section 25(I), "Walls and Fences".
I. MINIMUM OFF-STREET PARKING REQUIREMENTS.
As established in Section 24, "Off -Street Parking and Loading Regulations".
-12-
ZONING DISTRICT
TABLE 4(A).1: SIZE AND DIMENSION
RFD ZONING DISTRICT
RFD
CRITERIA
REGULATION
UNIT OF MEASURE
MAX. DENSITY
0.4
d.u. per gross acre
MIN. LOT SIZE
85,0001
square feet
MIN. LOT WIDTH
150
feet
MIN. YARD
- Front
- Side
- Rear
50
302
302
feet
MIN. FLOOR AREA
- SF
1,200
square feet per
dwelling unit
MAX. BLDG. HEIGHT
35
feet
MAX. LOT COVERAGE
30
% of lot
MIN. OPEN SPACE
50
% of lot
Notes:
1: In no case shall the density exceed 0.4 dwelling units per acre.
2: As established in Section 3(A),I(E)(3)(f), for all lots created after the
effective date of this ordinance which are adjacent to active agricultural
operations, all yards for non-agricultural activities shall provide a minimum
fifty (50) foot setback or a heavily landscaped twenty-five (25) foot buffer -
yard.
-13-
SECTION 5
A new Section 50), entitled "RS-1:Single Family Residential District", is
adopted and shall read as follows:
SECTION 5(A). RS -1: SINGLE FAMILY RESIDENTIAL DISTRICT
A. PURPOSE AND INTENT.
The RS -1 district is established to implement the Indian River County
Comprehensive Plan policies for managing land designated RR -2 rural res-
idential on the Comprehensive Plan Land Use Map at a density of one (1)
unit per acre.
The RS -1 Single Family Residential District is intended to provide oppor-
tunities for very low density residential living in transitional rural
areas. In addition to very low density residential development, the RS -1
district may accommodate a very restricted number of exclusively noncommer-
cial agricultural uses which satisfy conditions of this Code. Finally, the
RS -1 Single Family Residential District is intended to include development
options with characteristics which do not adversely impact the sensitive
nature of adjacent agricultural or environmentally sensitive lands.
B. PERMITTED USES.
In the RS -1 Single Family Residential District no building or structure
shall be erected, altered or used, except for one or more of the following.
Site plan review shall be required for all uses except single family
dwellings, pursuant to the provisions of Section 23.
1. Residential Uses.
Single Family Dwelling
2. Institutional Uses.
- Foster Care Facilities
3. Community Service Uses.
- Emergency Services
C. USES REQUIRING ADMINISTRATIVE PERMITS.
The following uses shall be permitted in the RS -1 Single Family Residential
District subject to the specific use criteria established in Section 25.1,
"Regulations for Specific Land Uses" and review procedures established in
Section 25.2, "Review of Uses Requiring Administrative Permits".
1. Agricultural Uses. (Section 25.1(A))
- Kennels, Noncommercial
2. Recreation Uses. (Section 25.1(E))
- Parks and Playgrounds, Open to the Public
D. SPECIAL EXCEPTION USES.
The following uses may be permitted within the RS -1 Single Family Residen-
tial District subject to the specific use criteria established in Section
25.1, "Regulations for Specific Land Uses" and review procedures estab-
lished in Section 25.3, "Regulation of Special Exception Uses".
1. Agricultural Uses. (Section 25.1(A))
- Nurseries and Greenhouses, Noncommercial
- Stables, Noncommercial
2. Residential Uses.
-14-
- Guest Cottages (Section
- Planned Residential Developments (Section 25.4)
3. Institutional Uses. (Section 25.1(C))
- Child Care or Adult Care Facilities
- Places of Worship
4. Community Service Uses. (Section 25.1(D))
- Educational Facilities, Excluding Business, Secretarial &
Vocational
- Governmental Administration Buildings
5. Recreation Uses. (Section 25.1(E))
- Country Clubs
- Golf Courses
6. Utility Uses. (Section 25.1(I))
- Public and Private Utilities, Limited
E. ACCESSORY USES AND STRUCTURES.
As provided in Section 25(G), "Accessory Uses and Structures".
F. DIMENSIONAL REGULATIONS.
As provided in Table 5(A)., herein, and Section 3(A).1, "Application of
District Regulations".
G. PERMITTED SIGNAGE.
As provided in Section 25(0), "Signs".
H. WALLS AND FENCES.
As provided in Section 25(I), "Walls and Fences".
I. MINIMUM OFF-STREET PARKING REQUIREMENTS.
As established in Section 24, "Off -Street Parking and Loading Regulations".
-15-
TABLE 5(A).: SIZE AND DIMENSION CRITERIA
RS -1 ZONING DISTRICT
ZONING DISTRICT
RS -1
REGULATION
UNIT OF MEASURE
MAX. DENSITY
1.0
d.u. per gross acre
MIN. LOT SIZE
35,0001
square feet
MIN. LOT WIDTH
150
feet
MIN. YARD
- Front
- Side
- Rear
50
302
302
feet
MIN. FLOOR AREA
- SF
1,200
square feet per
dwelling unit
MAX. BLDG. HEIGHT
35
feet
MAX. LOT COVERAGE
30
% of lot
MIN. OPEN SPACE
50
% of lot
Notes•
1: In no case shall the density exceed one (1) dwelling units per acre.
2: As established in Section 3(A).1(E)(3)(f), for all lots created after the
effective date of this ordinance which are adjacent to active agricultural
operations, all yards for non-agricultural activities shall provide a minimum
fifty (50) foot setback or a heavily landscaped twenty-five (25) foot bufferyard.
-16-
SECTION 6
A new Section 6(A), entitled "RS -3 and RS -6: Single Family Residential Dis-
tricts" is hereby adopted and shall read as follows (Sections 7 and 8 are
reserved):
SECTION 6(A). RS -3 and RS -6: SINGLE FAMILY RESIDENTIAL DISTRICTS
A. PURPOSE AND INTENT.
The RS -3 and RS -6 Single Family Residential Districts are established to
implement the land use policies of the Indian River County Comprehensive
Plan which manage lands designated for low density residential development,
LD -1 and LD -2, respectively. Residential development within these zoning
districts is intended to be restricted to single family residential devel-
opment. However, a mixture of structure types, including cluster develop-
ment consisting of attached single family dwellings may be approved as a
special exception Planned Residential Development (PRD). The RS -3 and RS -6
Single Family Residential Districts are intended to accommodate an adequate
range of housing opportunities and requisite community facilities consis-
tent with provisions of the Indian River County Comprehensive Plan.
The maximum residential density intended to be permitted in the RS -3
district is up to three (3) units per acre consistent with the LD -1 Compre-
hensive Plan designation described in the Land Use Element. The maximum
residential density intended to be permitted in the RS -6 district is up to
six (6) units per acre consistent with the LD -2 Comprehensive Plan desig-
nation described in the Land Use Element.
B. PERMITTED USES.
In the RS -3 and RS -6, Single Family Residential Districts, no building or
structure shall be erected, altered or used, except for one or more of the
following. Site plan review shall be required for all uses except single
family dwellings, pursuant to the provisions of Section 23.
1. Residential Uses.
Single Family Dwellings
2. Institutional Uses.
- Foster Care Facilities
3. Community Service Uses.
- Emergency Services
C. USES REQUIRING ADMINISTRATIVE PERMITS.
The following uses shall be permitted in the RS -3 and RS -6, Single Family
Residential Districts, subject to the specific use criteria established in
Section 25.1, "Regulations for Specific Land Uses" and review procedures
established in Section 25.2, "Review of Uses Requiring Administrative
Permits".
1. Agricultural Uses. (Section 25.1(A))
- Noncommercial Kennels and Animal Boarding Places (RS -3 district
only)
2. Institutional Uses. (Section 25.1(C))
- Group Home, Level I (RS -6 District Only)
3. Recreation Uses. (Section 25.1(E))
- Parks and Playgrounds, Open to the Public
-17-
D. SPECIAL EXCEPTION USES.
The following uses may be permitted within the RS -3 and RS -6, Single Family
Residential Districts, subject to the specific use criteria established in
Section 25.1 "Regulations for Specific Land Uses" and review procedures
established in Section 25.3, "Regulation of Special Exception Uses".
1. Agricultural Uses. (Section 25.1(A))
- Nurseries and Greenhouses, Noncommercial
- Stables, Noncommercial
2. Residential Uses.
- Guest Cottages (Section 25.1(6))
- Planned Residential Developments (Section 25.4)
- Zero Lot Line, Detached (RS -6 District only) (Section 25.1(B))
3. Institutional Uses. (Section 25.1(C))
- Child Care or Adult Care Facilities
- Places of Worship
4. Community Service Uses. (Section 25.1(D))
- Educational Facilities, Excluding Business, Secretarial
Vocational
- Governmental Administration Buildings
5. Recreation Uses. (Section 25.1(E))
- Country Clubs
- Golf Courses
6. Utility Uses. (Section 25.1(I))
- Public and Private Utilities, Limited
E. ACCESSORY USES AND STRUCTURES.
As provided in Section 25(G), "Accessory Uses and Structures".
F. DIMENSIONAL REGULATIONS.
As provided in Table 6(A), herein, and Section 3(A).1, "Application of
District Regulations".
G. PERMITTED SIGNAGE.
As provided in Section 25(0), "Signs".
H. WALLS AND FENCES.
As provided in Section 25(I), "Walls and Fences".
I. MINIMUM OFF-STREET PARKING REQUIREMENTS.
As established in Section 24, "Off -Street Parking and Loading Regulations".
J. REQUIRED IMPROVEMENTS; RS -6 DISTRICT.
All future subdivisions and site plans for developments within the RS -6
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 adopted).
2. Sidewalks.
3. Street lights.
-18-
TABLE 6(A): SIZE AND DIMENSION CRITERIA
RS -3 AND RS -6 DISTRICTS
ZONING DISTRICT
RS -3
RS -6
REGULATION
UNIT
OF MEASURE
MAX. DENSITY
3.0
6.0
d.u.
per gross acre
MIN. LOT SIZE
12,0001
7,0002
square feet
MIN. LOT WIDTH
80
70
feet
MIN. YARD
- Front
- Side
- Rear
25
15
25
20
10
20
feet
MIN. FLOOR AREA
- SF
1,200
750
square feet
MAX. BLDG. HEIGHT
35
35
feet
MAX. LOT COVERAGE
30
30
% of
lot
MIN. OPEN SPACE
40
40
% of
lot
Notes:
1. In no case shall the density exceed three (3) dwelling units per acre.
2: In no case shall the density exceed six (6) dwelling units per acre.
-19-
SECTION 7
A new Section 9(A), entitled 11RT-6: Two Family Residential District", is hereby
adopted and shall read as follows:
SECTION 9(A). RT -6: TWO-FAMILY RESIDENTIAL DISTRICT
A. PURPOSE AND INTENT.
The RT -6 Two -Family Residential District is established to implement the
Indian River County Comprehensive Plan policies for managing land desig-
nated for low density residential development, LD -2. Residential develop-
ment within the RT -6 zoning district is intended to be restricted to single
family and duplex residential development. However, a mixture of attached
and detached structure types, may be approved as a special exception
Planned Residential Development (PRD). The RT Two -Family Residential
District is intended to accommodate an adequate range of housing oppor-
tunities and requisite community facilities consistent with provisions of
the Indian River County Comprehensive Plan.
The maximum residential density intended to be permitted in the RT -6
district is six (6) units per acre consistent with the LD -2 Comprehensive
Plan designation described in the Land Use Element.
B. PERMITTED USES.
In the RT -6 Two -Family Residential District no building or structure shall
be erected, altered or used except for one or more of the following. Site
plan review shall be required for all uses except single family dwellings,
pursuant to the provisions of Section 23.
1. Residential Uses.
- Duplex
- Single Family Dwellings
2. Institutional Uses.
- Foster Care Facilities
3. Community Services.
- Emergency Services
C. USES REQUIRING ADMINISTRATIVE PERMITS.
The following uses shall be permitted in the RT -6 Two -Family Residential
District subject to the specific use criteria established in Section 25.1
"Regulations for Specific Land Uses" and review procedures established in
Section 25.2, "Review of Uses Requiring Administrative Permits".
1. Institutional Uses. (Section 25.1(C))
- Group Home, Level I
2. Recreation Uses. (Section 25.1(E))
- Parks and Playgrounds, Open to the Public
D. SPECIAL EXCEPTION USES.
The following uses may be permitted within the RT -6 Two -Family Residential
District subject to the specific use criteria established in Section 25.1,
"Regulations for Specific Land Uses" and review procedures established in
Section 25.3, "Regulation of Special Exception Uses".
1. Agricultural Uses. (Section 25.1(A))
- Nurseries and Greenhouses, Noncommercial
- Stables, Noncommercial
-20-
2. Residential Uses.
- Planned Residential Developments
3. Institutional Uses. (Section 25.1(C))
- Child Care or Adult Care Facilities
- Group Home, Level II and III
- Places of Worship
4. Community Services Uses. (Section 25.1(D))
- Educational Facilities, Excluding Business, Secretarial &
Vocational
- Governmental Administration Buildings
5. Recreation Uses. (Section 25.1(E))
- Country Clubs
- Golf Courses
6. Utility Uses. (Section 25.1(I))
- Public and Private Utilities, Limited
E. ACCESSORY USES AND STRUCTURES.
As provided in Section 25(G), "Accessory Uses and Structures".
F. DIMENSIONAL REGULATIONS.
As provided in Table 9(A), herein, and Section 3(A).1, "Application of
District Regulations".
G. PERMITTED SIGNAGE.
As provided in Section 25(0), "Signs".
H. WALLS AND FENCES.
As provided in Section 25(I), "Walls and Fences".
I. MINIMUM OFF-STREET PARKING REQUIREMENTS.
As established in Section 24, "Off -Street Parking and Loading Regulations".
J. REQUIRED IMPROVEMENTS.
All future subdivisions and site plans for developments within the RT -6
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 adopted).
2. Sidewalks.
3. Street lights.
-21-
TABLE 90): SIZE AND DIMENSION CRITERIA
RT -6 ZONING DISTRICT
ZONING DISTRICT RT -6
REGULATION UNIT OF MEASURE
MAX. DENSITY 6.0 d.u. per gross acre
MIN. LOT SIZE
-- SF 7,0001
square feet
-- Duplex 12,0001
MIN. LOT WIDTH
-- SF 70
feet
-- Duplex 100
MIN. YARD
- Front 25
- Side
feet
-- SF 10
-- Duplex 15
- Rear 25
MIN.
FLOOR AREA
-
SF/Duplex
750
square feet per
dwelling unit
MAX.
BLDG. HEIGHT
35
feet
MAX.
LOT COVERAGE
25
% of lot
MIN.
OPEN SPACE
40
% of lot
Notes:
1: In no case shall the density exceed six (6) dwelling units per acre.
-22-
SECTION 8
A new Section 10(A), entitled "RM -3, RM -4 and RM -6: Multiple Family Residential
Districts", is hereby adopted and shall read as follows:
SECTION 10(A). RM -3, RM -4 and RM -6: MULTIPLE FAMILY RESIDENTIAL DISTRICT
A. PURPOSE AND INTENT.
The RM -3, RM -4 and RM -6 Multiple Family Residential Districts are estab-
lished to implement the Comprehensive Plan policies for managing land
designated for low density residential development, LD -1 and LD -2, respec-
tively. These districts are intended to accommodate low density residen-
tial development, including single family and multiple family structure
types. The RM -3, RM -4 and RM -6 Multiple Family Residential Districts are
intended to accommodate an adequate range of housing opportunities and
requisite community facilities consistent with provisions of the Indian
River County Comprehensive Plan.
The maximum residential density intended to be permitted in the RM -3
district is up to three (3) units per acre consistent with the LD -1 Compre-
hensive Plan designation described in the Land Use Element. The maximum
residential density intended to be permitted in the RM -4 district is four
(4) units per acre and the RM -6 district permits up to six (6) units per
acre. The RM -4 and RM -6 districts are both consistent with the LD -2
Comprehensive Plan designation described in the Land Use Element.
B. PERMITTED USES.
In the RM -3, RM -4 and RM -6 Multiple Family Residential Districts no build-
ing or structure shall be erected, altered or used , except for one or more
of the following. Site plan review shall be required for all uses except
single family dwellings, pursuant to the provisions of Section 23.
I. Residential Uses.
- Duplex
- Multiple Family Dwellings
- Single Family Dwellings
2. Institutional Uses.
- Foster Care Facilities
3. Community Service Uses.
- Emergency Services
4. Recreation Uses.
- Parks and Playgrounds Open to the Public
C. USES REQUIRING ADMINISTRATIVE PERMITS.
The following uses shall be permitted in the RM -3, RM -4 and RM -6 Multiple
Family Residential Districts subject to the specific use criteria estab-
lished in Section 25.1, "Regulations for Specific Land Uses" and review
procedures established in Section 25.2, "Review of Uses Requiring Adminis-
trative Permits".
1. Institutional Uses. (Section 25.1(C))
- Group Home, Level I
D. SPECIAL EXCEPTION USES.
The following uses may be permitted within the RM -3, RM -4 and RM -6 Multiple
Family Residential Districts subject to the specific use criteria estab-
lished in Section 25.1, "Regulations for Specific Land Uses" and review
-23-
procedures established in Section 25.3, "Regulation of Special Exception
Uses".
1. Agricultural Uses. (Section 25.1(A))
- Nurseries and Greenhouses, Noncommercial
- Stables, Noncommercial
2. Residential Uses.
- Planned Residential Developments
3. Institutional Uses. (Section 25.1(C))
- Child Care or Adult Care Facilities
- Group Home, Level II and III
- Places of Worship
- Residential Centers (RM -6 District Only)
4. Community Services Uses. (Section 28D))
- Educational Facilities, Excluding Business, Secretarial &
Vocational
- Governmental Administration Building
5. Recreation Uses. (Section 25.1(E))
- Country Clubs
- Golf Courses
- Tennis Facilities and Beach Clubs
- Yacht Clubs
6. Utility Uses. (Section 25.1(I))
- Public and Private Utilities, Limited
E. ACCESSORY USES AND STRUCTURES.
As provided in Section 25(G), "Accessory Uses and Structures".
F. DIMENSIONAL REGULATIONS.
1. As provided in Table 10(A), herein, and Section 3(A).1, "Application of
District Regulations".
2. Separation Between Buildings on the Same Lot. Detached principal
buildings on the same lot shall be located no closer together than
twenty (20) feet plus one (1) foot additional for each two (2) feet
in height over twenty-five (25) feet in height.
G. PERMITTED SIGNAGE.
As provided in Section 25(0), "Signs".
H. WALLS AND FENCES.
As provided in Section 25(I), "Walls and Fences".
I. MINIMUM OFF-STREET PARKING REQUIREMENTS.
As established in Section 24, "Off -Street Parking and Loading Regulations".
J. REQUIRED IMPROVEMENTS.
All future subdivisions and site plans for developments within the RM -6
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 adopted).
2. Sidewalks.
-24-
3. Street lights.
-25-
TABLE 10(A): SIZE AND DIMENSION CRITERIA
RM -3, RM -4 AND RM -6 ZONING DISTRICTS
ZONING DISTRICT
RM -3
RM -4
RM -6
REGULATION
UNIT OF MEASURE
MAX. DENSITY
3.0
4.0
6.0
d.u. per gross acre
MIN. LOT SIZE
- SF
12,0001
10,0002
7,0003
- Duplex and MF
24,0001
20,0002
12,0003
square feet
MIN. LOT WIDTH
- SF
80
80
70
feet
- Duplex and MF
100
100
100
MIN. YARD
- Front
253
254
254
- Side
feet
-- SF
10
10
10
-- Duplex and MF
153
154
154
- Rear
253
254
254
MIN. FLOOR AREA
- SF
1,200
1,200
750
square feet per
- Duplex and MF
550
550
550
dwelling unit
MAX. BLDG. HEIGHT
35
35
35
feet
MAX. LOT COVERAGE
- SF
30
30
30
% of lot
- Duplex and MF
25
25
25
MIN. OPEN SPACE
50
50
50
% of lot
Notes:
1: In no case shall the density exceed three (3) dwelling units per acre.
2: In no case shall the density exceed four (4) dwelling units per acre.
3: In no case shall the density exceed six (6) dwelling units per acre.
4: One (1) foot additional yard for each two (2) feet in height over
twenty-five (25) feet in height.
-26-
SECTION 9
A new Section 11(A), entitled "RM -8, RM -10 and RM -14: Multiple Family Residen-
tial Districts" is hereby adopted and shall read as follows:
SECTION 11(A). RM -8, RM -10 and RM -14: MULTIPLE FAMILY RESIDENTIAL DISTRICTS
A. PURPOSE AND INTENT.
The RM -8 and RM -10 Multiple Family Residential Districts are established to
implement the Indian River County Comprehensive Plan policies for managing
land designated for medium density residential development, MD -1 and MD -2,
respectively. The RM -14 Multiple Family Residential District is estab-
lished to implement the Comprehensive Plan designation described in the
land use policy for managing land designated for residential development
within the Gifford mixed use (MXD) area. Residential development within
these multiple family districts is intended to accommodate a broad range of
structure types and requisite community facilities.
The density of residential development intended to be permitted within the
RM -8 district is up to a maximum of eight (8) units per acre, consistent
with the MD -1 Comprehensive Plan designation described in the Land Use
Element. The RM -10 district is intended to accommodate a density up to a
maximum of ten (10) units per acre consistent with the MD -2 Comprehensive
Plan designation described in the Land Use Element. Finally, the RM -14
district is intended to accommodate a density up to a maximum of fourteen
(14) units per acre, consistent with the Gifford Mixed Uses District (MXD)
designation described in the Land Use Element of the Comprehensive Plan.
B. PERMITTED USES.
In the RM -8, RM -10 and RM -14 Multiple Family Residential Districts, no
building or structure shall be erected, altered or used, except for one or
more of the following. Site plan review shall be required for all uses
except single family dwellings, pursuant to the provisions of Section 23.
1. Residential Uses.
- Duplex
- Multiple Family Dwellings
- Single Family Dwellings
2. Institutional Uses.
- Foster Care Facilities
- Group Home, Level I
3. Community Service Uses.
- Emergency Services
4. Recreation Uses.
- Parks and Playgrounds Open to the Public
C. USES REQUIRING ADMINISTRATIVE PERMITS.
The following uses shall be permitted in the RM -8, RM -10 and RM -14 Multiple
Family Residential Districts, subject to the specific use criteria estab-
lished in Section 25.1, "Regulations for Specific Land Uses" and review
procedures established in Section 25.2, "Review of Uses Requiring Admin-
istrative Permits".
1. Institutional Uses. (Section 25.1(C))
- Child Care or Adult Care Facilities
- Group Homes: Level II and Level III
- Places of Worship
D. SPECIAL EXCEPTION USES.
-27-
The following uses may be permitted within the RM -8, RM -10 and RM -14,
Multiple Family Residential Districts, subject to the specific use criteria
established in Section 25.1, "Regulations for Specific Land Uses" and
review procedures established in Section 25.3, "Regulation of Special
Exception Uses".
1. Agricultural Uses. (Section 25.1(A))
- Nurseries and Greenhouses, Noncommercial
- Stables, Noncommercial
2. Residential Uses. (Section 25.1(6))
- Planned Residential Developments
3. Institutional Uses. (Section 25.1(C))
- Total Care Facilities
- Residential Centers
4. Community Service Uses. (Section 25.1(D))
- Cultural and Civic Facilities
- Educational Facilities, Excluding Business, Secretarial &
Vocational
- Governmental Administration Buildings
5. Recreation Uses. (Section 25.1(E))
- Country Clubs
- Golf Courses
- Tennis Facilities and Beach Clubs
- Yacht Clubs
6. Utility Uses. (Section 25.1(I))
- Public and Private Utilities, Limited
E. ACCESSORY USES AND STRUCTURES.
As provided in Section 2.5(G), "Accessory Uses and Structures".
F. DIMENSIONAL REGULATIONS.
a. As provided in Table 11(A), herein, and Section 3(A).1, "Application of
District Regulations".
b. Separation Between Principal Buildings on the Same Lot. Detached
principal buildings on the same lot shall be located no closer than
twenty (20) feet plus one (1) foot additional for each two (2) feet
in height over twenty-five (25) feet in height.
G. PERMITTED SIGNAGE.
As provided in Section 25(0), "Signs".
H. WALLS AND FENCES.
As provided in Section 25(I), "Walls and Fences".
I. MINIMUM OFF-STREET PARKING REQUIREMENTS.
As established in Section 24, "Off -Street Parking and Loading Regulations".
-28-
J. REQUIRED IMPROVEMENTS.
All future subdivisions and site plans for developments within the RM -8,
RM -10 and RM -14 zoning districts 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:
Bikeways (as specified in the County Bikeway Plan, as currently exists
or may hereafter be adopted).
Sidewalks.
Street lights.
-29-
Notes:
I: In no case shall the density exceed eight (8) dwelling units per acre.
2: In no case shall the density exceed ten (10) dwelling units per acre.
3 In no case shall the density exceed fourteen (14) dwelling units per acre.
4 One 1 foot additional
( ) yard for each two (2) feet in height over
twenty-five (25) feet in height.
-30-
TABLE 11(A):
SIZE AND
DIMENSION
CRITERIA
RM -8, RM -10
AND RM -14
ZONING DISTRICTS
ZONING DISTRICT
RM -8
RM -10
RM -14
REGULATION
UNIT OF MEASURE
MAX. DENSITY
8.0
10.0
14.0
d.u. per gross acre
MIN. LOT SIZE
- SF
7,000
7,000
7,000
- Duplex and MF
10,0001
10,0002
10,0003
square feet
MIN. LOT WIDTH
- SF
70
70
70
feet
- Duplex and MF
100
100
100
MIN. YARD
- Front
254
254
254
- Side
-- SF
10
10
10
feet
-- Duplex and
154
154
154
MF
- Rear
254
254
254
MIN. FLOOR AREA
- SF
750
750
750
square feet per
- Duplex and MF
550
550
500
dwelling unit
MAX. BLDG. HEIGHT
35
35
35
feet
MAX. LOT COVERAGE
25
25
30
q of lot
MIN. OPEN SPACE
30
30
30
% of lot
Notes:
I: In no case shall the density exceed eight (8) dwelling units per acre.
2: In no case shall the density exceed ten (10) dwelling units per acre.
3 In no case shall the density exceed fourteen (14) dwelling units per acre.
4 One 1 foot additional
( ) yard for each two (2) feet in height over
twenty-five (25) feet in height.
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SECTION 10
A new Section 13(A), entitled "RMH-3 and RMH-6: Mobile Home Residential Dis-
tricts", is hereby substituted in place thereof and shall read as follows:
SECTION 13(A). RMH-6 and RMH-8: MOBILE HOME RESIDENTIAL DISTRICTS
A. PURPOSE AND INTENT.
The RMH-6 and RMH-8 mobile home residential districts are established to
implement the Indian River County Comprehensive Plan policies for allo-
cating mobile/manufactured home parks and subdivisions within areas des-
ignated either MD -1 or MXD, as designated on the Comprehensive Plan Land
Use Map.
The density of mobile/manufactured homes located within an area designated
mixed use (MXD) on the Comprehensive Plan Land use Map shall not exceed six
(6) units per acre pursuant to provisions of the Comprehensive Plan. The
density of mobile home residential development intended to be permitted
within the RMH-6 district is up to a maximum of six (6) units per acre.
The RMH-6 district is appropriate for mobile home development proposed for
areas designated MXD on the Comprehensive Plan Land Use Map. The RMH-8
district is intended to accommodate a density up to maximum of eight (8)
units per acre, consistent with the MD -1 Comprehensive Plan designation.
B. PERMITTED USES.
In the RMH-6 and RMH-8, Mobile Home Residential Districts, no building or
structure shall be erected, altered or used, except for one or more of the
following. Site plan review shall be required for all uses pursuant to the
provisions of Section 23.
1. Residential Uses.
- Mobile Homes
2. Institutional Uses.
- Foster Care Facilities
3. Community Services Uses.
- Emergency Services
C. USES REOUIRING ADMINISTRATIVE PERMITS.
The following uses shall be permitted in the RMH-6 and RMH-8, Mobile Home
Residential Districts, subject to the specific use criteria established in
Section 25.1, "Regulations for Specific Land Uses" and review procedures
established in Section 25.2, "Review of Uses Requiring Administrative
Permits".
1. Institutional Uses. (Section 25.1(C))
- Child Care or Adult Care Facilities
2. Recreational Uses. (Section 25.1(E))
- Parks and Playgrounds Open to the Public
D. SPECIAL EXCEPTION USES.
The following uses may be permitted within the RMH-6 and RMH-8, Mobile Home
Residential Districts, subject to the specific use criteria established in
Section 25.1, "Regulations for Specific Land Uses" and review procedures
established in Section 25.3, "Regulation of Special Exception Uses".
1. Residential Uses.
- Planned Residential Developments
I 1
2. Institutional Uses. (Section 25.1(C))
- Places of Worship
3. Community Services. (Section 25.1(0))
- Educational Facilities, Excluding Business, Secretarial &
Vocational
- Governmental Administrative Buildings
4. Recreation Uses. (Section 25.1(E))
- Country Clubs
- Golf Courses
- Tennis Facilities
5. Utility Uses. (Section 25.1(I))
- Public and Private Utilities, Limited
E. ACCESSORY USES AND STRUCTURES.
As provided in Section 25(G), "Accessory Uses and Structures".
F. DIMENSIONAL REGULATIONS.
As provided in Table 13(A), herein, and Section 3(A).1, "Application of
District Regulations".
G. PERMITTED SIGNAGE.
As provided in Section 25(0), "Signs".
H. WALLS AND FENCES.
As provided in Section 25(I), "Walls and Fences".
I. MINIMUM OFF-STREET PARKING REQUIREMENTS.
As established in Section 24, "Off -Street Parking and Loading Regulations".
J. ADDITIONAL REGULATIONS.
1. Compliance with Subdivision Regulations. 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.
2. Construction Standards. All mobile homes shall be constructed in
compliance with specifications set forth by the National Fire Pro-
tection Association (NFPA) under the Associations' Code of Specifica-
tions 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 street.
All awnings, carports, principal patios and accessories to the build-
ing 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 undercar-
riage area. Such skirting shall be fastened in accordance with
manufacturers instructions and provide for adequate ventilation.
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Common Vehicular Storage Areas. All 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 recre-
ational vehicles.
a. 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 properly screened from neighboring
residences.
Minimum Area. All storage areas shall provide a minimum of one
1 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.
5. Buffering Along Develo ment Boundaries. The distance from the line or
corner of any mo i e ome of to a boundary line of the development
shall be adequate to protect the residential use in the development
and in any case shall not be less than the following:
a. Where the adjoining land use (existing or permitted) is other
similar or higher density residential use or is a local or
collector street, a distance of thirty (30) feet containing a 90%
visually solid year round landscape buffer six (6) feet in
height.
b. Where the adjoining land use is an arterial street, a residential
use of lower density or a nonresidential use, protection shall be
provided by providing a distance of forty (40) feet containing
berms, walls, solid or louvered fencing, open fencing with
appropriate planting, or visually solid year round landscape
buffer, six (6) feet in height.
C. The areas outlined in Subsections "a" and "b" above may be
included as parts of the respective adjacent lots, but shall not
be included as part of the required minimum lot area.
K. REQUIRED IMPROVEMENTS.
All future subdivisions and site plans for developments within the RMH-6,
RMH-8 zoning districts 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 adopted).
2. Sidewalks.
3. Street lights.
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TABLE 13(A): SIZE AND DIMENSION CRITERIA
RMH-6 AND RMH-8
ZONING DISTRICT
RMH-6
RMH-8
REGULATION
UNIT OF MEASURE
MAX. DENSITY
6.0
8.0
d.u. per gross acre
MIN. LOT SIZE
7,000
5,000
square feet
MIN. LOT WIDTH
70
50
feet
MIN. YARD
- Front
20
20
- Side
10
10
feet
- Rear
20
20
MIN. FLOOR AREA
550
550
square feet per
dwelling unit
MAX. BLDG. HEIGHT
35
35
feet
MAX. LOT COVERAGE
- Mobile Home
40
40
% of lot
- Other
30
30
MIN. OPEN SPACE
35
35
% of gross area
MIN. DISTRICT SIZE
20
20
gross acres
MIN. COMMUNITY
10
10
% of gross area
REC. FACILITIES
-34-
SECTION 11
A new Section 20(A).2, entitled "CRVP: Commercial Recreational Vehicle Park
District", is hereby created to read as follows:
SECTION 20.2. 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 allocat-
ing commercial land uses. CRVP districts shall only be established within
designated commercial corridors and nodes or within MXD areas. 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 recre-
ation 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. PERMITTED USE.
In the CRVP Commercial Recreational Vehicle Park District no building or
structure shall be erected, altered or used, except for one or more of the
following. Site plan review shall be required for all uses, pursuant to
the provisions of Section 23.
1. Residential Uses.
- Mobile Homes
2. Community Service Uses.
- Emergency Services
3. Recreational Uses.
- Country Clubs
- Golf Courses
- Parks and Playgrounds Open to the Public
- Tennis Facilities
4. Commercial Uses.
- Recreational Vehicle Parks
C. USES REQUIRING ADMINISTRATIVE PERMITS.
The following uses shall be permitted in the CRVP, Commercial Recreational
Vehicle Park District, subject to the specific use criteria established in
Section 25.1, "Regulations for Specific Land Uses" and review procedures
established in Section 25.2 "Review of Uses Requiring Administrative
Permits".
I. Institutional Uses. (Section 25.1(C))
- Places of Worship
D. SPECIAL EXCEPTION USES.
The following uses may be permitted within the CRVP Commercial Recreational
Vehicle Park District subject to the specific use criteria established in
Section 25.1, "Regulations for Specific Land Uses" and review procedures estab-
lished in Section 25.3 "Regulation of Special Exception Uses".
1. Community Service Uses. (Section 25.1(D))
- Governmental Administration Buildings
2. Utility Uses. (Section 25.1(I))
-35-
- Public and Private Utilities, Limited
E. ACCESSORY USES AND STRUCTURES.
In addition to the limitations established in 25(G) "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
accessory uses, subject to the criteria established herein: retail
sales establishments, personal service establishments, and restau-
rants. 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 parks.
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.
F. DIMENSIONAL REGULATIONS.
As provided in Table 20.2, herein, and Section 3(A).1 "Application of
District Regulations".
G. PERMITTED SIGNAGE.
As provided in Section 25(0), "Signs".
N. WALLS AND FENCES.
As provided in Section 25(I), "Walls and Fences".
I. MINIMUM OFF-STREET PARKING REQUIREMENTS.
As established in Section 24, "Off -Street Parking and Loading Regulations".
J. ADDITIONAL REGULATIONS.
1. Compliance With Subdivision Regulations; Streets and Paving. All
recreational vehicle parks 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. Streets and
road may be private, however streets shall not be less than twenty
(20) feet in width and contain a pavement not less than eighteen (18)
feet in width and a base of at least four (4) inches.
2. Required Common Recreation Area.
a. Minimum Area Required. A minimum of ten percent (10%) of the
gross site area of any recreational vehicle park within the RVP
district shall be devoted to open or enclosed common recreational
areas and facilities, such as playgrounds, swimming pools,
-36-
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.
Areas contained in a continuous pedestrian or cyclist
circulation system which consist of permanently maintained
walks and trai is not less than twelve (12) feet in width
leading to principal 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 (1) acre and have a minimum dimension of one
hundred (100) feet and which are furnished with appropriate
recreational equipment including but not limited to play-
ground equipment, picnic tables, barbeque 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, buffer strips, 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.
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 twelve (12) month period shall be presumed to be perm-
anent occupancy.
Any action toward removal of wheels of a recreational vehicle except
for temporary purposes of repair or to attach the trailer to the
grounds for stabilizing purposes is hereby prohibited.
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.
Required Buffers. There shall be landscaped buffer strip not less
than. fifty 50 feet in depth along all major streets abutting a
recreational vehicle park, and a landscaped buffer strip not less than
fifty (50) feet in depth along the other boundaries of the recre-
ational vehicle park.
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TABLE 20.2: SIZE AND DIMENSION CRITERIA
CRVP ZONING DISTRICT
ZONING DISTRICT
CRVP
REGULATION
UNIT OF MEASURE
MAX. DENSITY
14
spaces per gross acre
MIN. SPACE SIZE
2,000
square feet
MIN. SPACE WIDTH
32
feet
MIN. YARD
- Front
- Side
- Rear
20
10
10
feet
MAX. BLDG. HEIGHT
35
feet
MAX. LOT COVERAGE
40
% of space
MIN. OPEN SPACE
25
% of space
MIN. DISTRICT SIZE
8
gross acres
-38-
SECTION 12
Section 25(A).1, entitled "Regulations for Specific Land Uses", is hereby
created to read as follows:
SECTION 25.1 REGULATIONS FOR SPECIFIC LAND USES
A. AGRICULTURAL USES
I. Agricultural Businesses (excluding wholesaling and processing).
(Special Exception
a. Districts Requiring Special Exception: Agricultural business may
be allowed in the A-1 district upon receiving approval as a special
exception as provided in Section 25.3 and after meeting the require-
ments defined below.
b. Additional Information Requirements:
i. A site plan meeting all of the requirements of Section 23.
ii. A statement describing the nature of the business and the
rationale for its location within an agricultural district.
C. Criteria for Aqricultural Businesses.
i. Agricultural businesses may be allowed to locate in the A-1
district 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
be more appropriately located in a commercial or industrial
zoning district.
ii. Agricultural businesses shall include, but not be limited
to: agricultural business offices; fish hatcheries; and
sales of agricultural equipment, products and supplies.
iii. Agricultural businesses shall not be interpreted to permit
wholesaling or processing operations.
2. Agricultural Industries. (Special Exception)
a. Districts Requiring Special Exception: Agricultural industries
may be allowed in the A-1 district upon receiving approval as a
special exception as provided in Section 25.3 and after meeting the
requirements defined below.
b. Additional Information Requirements:
i. A site plan meeting all of the requirements of Section 23.
ii. A statement describing the nature of the industry and the
rationale for its location within an agricultural district.
iii. A statement identifying any toxic or hazardous wastes and/or
substances which may be generated or utilized on the prem-
ises.
C. Criteria for Aqricultural Industries:
i. Agricultural industries may be allowed to locate in the A-1
district 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 characteris-
tics of the operation, would not be more suitably located in
an industrial zoning district.
ii. All buildings and structures shall be located at least one
hundred (100) feet from all property lines.
-39-
a
iii. The site shall be a minimum of thirty (30) acres in size.
3. Agricultural Research Facilities. (Administrative Permit)
a. Districts Requiring Administrative Permits: Agricultural research
facilities shall be allowed in the A-1 district upon receiving ap-
proval for an administrative permit as provided in Section 25.2 and
after meeting the requirements defined below.
b. Additional Information Requirements:
i. A site plan meeting all of the requirements of Section 23.
ii. A statement identifying any toxic or hazardous wastes and/or
substances which may be generated or utilized on the prem-
ises.
C. Criteria for Agricultural Research Facilities:
i. All buildings and structures shall be located at least one
hundred (100) feet from all property lines.
ii. The site shall be a minimum of thirty (30) acres in size.
iii. The facility shall provide either a minimum fifty (50) foot
setback or a heavily landscaped twenty-five (25) foot
bufferyard adjacent to non-agricultural activities in order
to protect residents from aerial spraying.
4. Dairy Farming. (Administrative Permit)
a. Districts Requiring Administrative Permit: Dairy farming shall
be allowed in the A-1 district upon receiving approval for an adminis-
trative permit as provided in Section 25.2 and after meeting the
requirements defined below.
b. Additional Information Requirements: A site plan meeting all of
the requirements of Section 23.
C. Criteria for Dairy Farming:
i. Any confinement feeding operations and/or dairy processing
facilities shall be located at least one hundred (100) feet
from all property lines.
ii. Adequate water supply shall be available to maintain the
premises in a sanitary condition.
iii. Containment areas, including pasture lands shall be fully
enclosed by a fence.
5. Fruit and Vegetable Packing House (Administrative Permit)
a. Districts Requiring Administrative Permit: Fruit and vegetable
packing houses shall be allowed in the A-1 district upon receiving
approval for an administrative permit as provided in Section 25.2 and
after meeting the requirements defined below.
b. Additional Information Requirements: A site plan meeting all of
the requirements of Section 23.
C. Criteria for Fruit and Vegetable Packing Houses:
i. The facility shall satisfy all requirements of Section 24,
off-street parking and loading.
ii. The internal circulation pattern of the facility will be
designed in a manner which will not require trucks to back
into the facility from any public street.
iii. The facility will not include any retail sales of fruit and
vegetables.
-40-
6. Kennel or Animal Boarding Place, Commercial. (Administrative Permit)
a. Districts Requiring Administrative Permit: Animal boarding place
or kennel and related uses shall be allowed in the A-1 district upon,
approval for an administrative permit as provided in Section 25.2 and
after meeting the requirements defined below.
b. Additional Information Requirements:
i. Plans for all kennels, barns, exercise yards, animal pens,
and related improvements shall be provided.
ii. A site plan showing the improvements listed in "(a)." above,
as well as structures on adjacent properties, and all other
requirements of Section 23.
iii. A statement by the applicant explaining the types of animals
to be treated and/or sheltered.
C. Criteria for Animal Boarding Place or Kennels:
i. No part of any facility in which animals are housed shall be
closer than one hundred fifty (150) feet to any property
line.
ii. The site shall be of adequate size to protect adjacent
properties from adverse effects of the kennel or related
facility.
iii. All animal boarding facilities shall be enclosed by a
security fence at least six (6) feet in height.
iv. The site shall not abut any residentially zoned property.
7. Kennels and Animal Boarding Places, Noncommercial. (Administrative
Permit
a. Districts Requiring Administrative Permit. Noncommercial kennels
and animal boarding places shall be allowed in the RFD, RS -1 and RS -3
Districts upon receiving approval for an administrative permit as
provided in Section 25.2 and after meeting the requirements defined
below.
b. Additional Information Requirements:
i. 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 their
by-products.
ii. 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 licens-
ing or registration requirements, and if so, whether such
licensing or registration has occurred, together with
license or registration numbers.
iii. A site plan, pursuant to the requirements of Section 23.
C. Criteria for Noncommercial Kennels and Animal Boarding Places:
i. 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
used, designated, or arranged for the boarding, breeding, 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 ordinance.
-41-
ii. Noncommercial kennels and animal boarding places shall be
allowed in the above described districts only as an accesso-
ry use, pursuant to the standards of Section 25(G).
iii. Any structure, pen, cage, pet shelter, or fence, which is
intended, or used, for the confinement, care, or breeding of
such animals shall meet the same setbacks required for other
principal structures in the given zoning district.
iv. Exception. An owner or occupant of a developed sin-
gle -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 each of the
following conditions is satisfied:
-- Such use does not or will not involve the primary
harboring or keeping of such animals other than within
the priircipal residential dwelling; and
-- Such use does not or will not involve the placement or
construction of an outside animal boarding structure or
cage of any kind; and
-- The owner or occupant demonstrates by proof satisfac-
tory to the Planning and Development Division that he
or she 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
-- Such use does not or will not involve the keeping of
more than six (6) such animals, not counting litters of
young less than the age of four (4) months.
8. Nurseries and Greenhouses, Noncommercial. (Administrative Permit and
Special Exception
a. Districts Requiring Administrative Permit: Noncommercial nur-
series and greenhouses shall be allowed in the RFD district upon
receiving approval for an administrative permit as provided in Section
25.2 and after meeting the requirements defined below.
b. Districts Requiring Special Exception: Noncommercial nurseries
and greenhouses may be permitted in the RS -1, RS -3, RS -6, RT -6, RM -3,
RM -4, RM -6, RM -8, RM -10 and RM -14 districts upon receiving approval as
a special exception as provided in Section 25.3 and after meeting the
requirements defined below.
C. Additional Information Requirements: The site plan shall show
the location of the principal use on the site and all screening
materials, pursuant to the standards of Section 23.
d. Criteria for Noncommercial Nurseries and Greenhouses:
Such uses shall be deemed accessory to the principal use on
site.
ii. All storage areas be screened by a fence or fully enclosed
within a structure.
iii. Such uses shall comply with all provisions of Section 25(G),
Accessory Buildings.
iv. Such uses shall satisfy all of the maximum lot coverage and
minimum space provisions of the applicable zoning district.
V. No retail or wholesaling sales and/or leasing activities
shall be permitted.
9. Small Animal Specialty Farms. (Administrative Permit)
a. Districts Requiring Administrative Permit: Small animal specialty
farms SNa—FT Fe permitted in the -1 district upon approval of an
administrative permit as provided in Section 25.2 and after meeting
the requirements defined below.
b. Additional Information Requirements: The site plan shall show
the location and nature of all structures and fenced areas containing
any animals, and all other information required in Section 23.
C. Criteria for Small Animal Specialty Farms:
i. The minimum lot area for such uses shall be five (5) acres.
ii. No structure of fenced area containing any animals being
raised, bred, or kept in connection with such use shall be
closer than seventy-five (75) feet to anylproperty line,
unless such structures are sound proofed.
10. Stables, Noncommercial: (Administrative Permit and Special Exception)
a. Districts Requiring Administrative Permit: Noncommercial stables
shall be allowed in the RFD district upon receiving approval for an
administrative permit as provided in Section 25.2 and after meeting
the requirements defined below.
b. Districts Requiring Special Exception: Noncommercial stables may
be allowed in the RS -1, RS -3, RS -6, RT -6, RM -3, RM -4, RM -6, RM -8,
RM -10 and RM -14 zoning districts upon receiving approval as a special
exception as provided in Section 25.3 and after meeting the require-
ments defined below.
C. Additional Information Requirements: The site plan shall show
the location of all existing and proposed structures and the location
of any fences, and all other information required in Section 23.
d. Criteria for Noncommercial Stables:
i. Noncommercial stables shall be allowed in non-agricultural
districts only as an accessory use.
ii. Such uses shall be located on lots having an area of no less
than two (2) acres.
iii. The number of horses shall not exceed one (1) per acre.
iv. There shall be a minimum setback of fifty (50) feet from any
property lines.
V. The applicant shall provide a fence which has a minimum
height of four (4) feet and totally encloses the area.
11. Tenant Dwellings: (Administrative Permit)
a. Districts Requiring Administrative Permit: Tenant dwellings
shall be allowed in the A-1 district upon receiving approval for an
administrative permit as provided in Section 25.2 and after meeting
the requirements defined below.
b. Additional Information Requirements:
A floor plan showing the size and dimension of all rooms.
ii. Proof that the facilities are being inhabited solely by the
individuals or families who work on the farm.
iii. Proof that the land upon which the tenant dwellings shall be
located is classified as agricultural land for purposes of
ad valorem tax assessment.
iv. A site plan meeting all of the requirements of Section 23.
C. Criteria for Tenant Dwellings:
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i. Such use shall be accessory to productive agricultural
operations, having a minimum of forty (40) acres of land.
ii. The number of tenant dwelling units shall not exceed the
density limitations, open space and lot coverage require-
ments of the zoning district.
iii. To protect adjacent land uses, all tenant dwellings shall be
located at least two hundred (200) feet from all property
lines.
iv, Housing shall be inhabited solely by persons who work on the
farm and the facilities shall satisfy all provisions of the
Housing Code and Building Code of Indian River county.
V. Such facilities shall provide a minimum of four hundred
(400) square feet of living area per family unit.
B. RESIDENTIAL USES
1. Guest Cottages. (Special Exception)
a. Districts Requiring Special Exception: Guest cottages may be
allowed in the A-1, RFD, RS -1, RS -3, and RS -6 zoning districts upon
receiving approval for a special exception as provided in Section 25.3
and after meeting the requirements defined below.
b. Additional Information Requirements: A floor plan showing the
dimensions of all rooms and the location of all facilities.
C. Criteria for Guest Cottages:
i. Shall be an accessory structure or portion of a principal
single family dwelling.
ii. Shall not be located closer than fifteen (15) feet to the
principal dwelling on the lot.
iii. No guest cottage may be utilized for commercial purposes.
iv. The guest cottage shall only be used for the intermittent or
temporary occupancy by a non-paying guest.
2. Mobile Homes. (Administrative Permit)
a. Districts Requiring Administrative Permit; Mobile homes shall be
allowed in the -1 district upon receiving approval for an administra-
tive permit as provided in Section 25.2 and after meeting the require-
ments defined below.
b. Additional Information Requirements:
i. Proof that the land upon which the mobile home shall be
located is classified as agricultural land for purposes of
ad valorem tax assessment.
ii. A site plan showing the location of all principal and
accessory structures and all other information required in
Section 23.
C. Criteria for Mobile Homes:
i. The mobile home shall be owned by the owner or lessee of the
land.
ii. The reviewing body shall deem the mobile home necessary for
the agricultural use of the land.
iii. The mobile home shall be placed on at least five (5) acres
of land.
iv. The reviewing body shall determine that the mobile home is
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an accessory use, pursuant to Section 25(G) of this Code.
V. Such use shall be accessory to productive agricultural op-
erations, having a minimum of forty (40) acres.
3. Zero Lot Line, Detached. (Special Exception)
a. Districts Requiring Special Exception. Detached zero lot line
developments may be allowed in the RS -6 district upon approval of a
special exception as provided in Section 25.3 and after meeting the
requirements defined below.
b. Additional Information Requirements. A developer wishing to
undertake Zero Lot Line Development shall specifically request such
approval in connection with application for Preliminary Subdivision
Plat approval, and shall submit the following additional information,
which may include use of typical drawings.
i. Designation on the Preliminary Plat of all zero lot line
side yards.
ii. Designation of all maintenance and access easements on lots
adjoining the zero lot line yards.
iii. Terms and conditions of all such maintenance and access
easements.
C. Criteria for Detached Zero Lot Line Developments. In review of a
zero lot line proposal the following standards shall apply:
i. The dwellings shall not be attached.
ii. The side yard setback requirement may be waived for one (1)
of the dwelling's side yards, however, the other side yard
shall be at least two (2) times the minimum specified in the
zoning district regulations.
iii. All dwellings within the detached zero lot line development
shall be separated by a distance no less than two times the
minimum side yard requirement for the zoning district.
iv. All front and rear setback requirements shall be satisfied.
V. To permit access for maintenance, construction, and other
purposes, drainage, and any permitted eave or similar
encroachment, appropriate easements, restricted for hours of
use as necessary, shall be provided.
vi. All detached zero lot line developments shall be a minimum
of five (5) acres in size.
vii. All other district regulations shall be applicable.
C. INSTITUTIONAL USES
1. Child Care or Adult Care Facilities. (Administrative Permit and
Special Exception
a. Districts Requiring Administrative Permit: Child care or adult
care facilities shall be allowed in the A-1, RFD, RM -8, RM -10, RM -14,
RMH-6 and RMH-8 districts upon approval for an administrative permit
as provided in Section 25.2 and after meeting the requirements defined
below.
b. Districts Requiring Special Exception: Child care or adult care
facilities may be allowed in the RS -1, RS -3, RS -6, RT -6, RM -3, RM -4,
and RM -6 districts upon approval as a special exception as provided in
Section 25.3 and after meeting the requirements defined below.
C. Additional Information Requirements:
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i. The site plan shall show 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 Section
23.
ii. Evidence shall be provided that minimum requirements to
qualify for a State of Florida license have been satisfied.
iii. Child care facilities shall describe the type of playground
equipment, if any, which is to be utilized.
d. Criteria for Child Care or Adult Care Facilities:
i. The site shall be located on a paved public road with
sufficient width to accommodate pedestrian and vehicular
traffic generated by the use. The facility should be
located near a major thoroughfare, as designated in the
County's Major Thoroughfare Plan, so as to discourage
traffic along residential streets in the immediate area.
ii. Special passenger loading and unloading facilities shall be
provided on the same lot for vehicles to pick-up or deliver
clientele. Such facilities shall include driveways that do
not require any back-up movements by vehicles to enter or
exit the premises.
iii. All regulations of the State of Florida that pertain to the
use as presently exists or may hereafter be amended shall be
satisfied.
iv. Child care facilities shall provide a fenced area of not
less than two thousand (2,000) square feet of usable outdoor
recreation area for the first twenty (20) children. One
hundred fifty (150) square feet of usable outdoor recreation
area shall be required for each additional child greater in
number than twenty (20); such area shall be delineated on
the Site Plan submitted at the time the application is
filed. For the purposes of this provision, usable outdoor
recreation area shall be limited to:
-- That area not covered by building or required
off-street parking spaces.
-- That area outside the limits of the required front
yard.
-- Only that area which is developable for active outdoor
recreational purposes.
-- An area which occupies no more than eighty (80%)
percent of the combined total areas of the rear and
side yards.
V. A solid fence or wail five (5) feet in height shall be
constructed along any rear and side property line adjoining
any residentially zoned lot not used for a similar purpose.
2. Grou Homes: Level II, III and Residential Centers. (Special Excep-
tion
a. Districts Requiring Administrative Permit: The following shall
be allowed within the districts established below, upon receiving
approval for an administrative permit as provided in Section 25.2 and
after meeting the requirements defined below.
i. Level I Group Home: RS -6, RT -6, RM -3, RM -4, and RM -6.
ii. Level II and III Group Homes: RM -8, RM -10 and RM -14.
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b. Districts Re uirin S ecial Exce tion: The following may be
allowed wit in the dtstrtcts esta is ed elow, upon approval as a
special exception as provided in Section 25.3 and after meeting the
requirements defined below.
i. Level II and III Group Homes: RT -6, RM -3, RM -4, and RM -6.
ii. Residential Centers. RM -6, RM -8, RM -10, and RM -14.
C. Additional Informat;on Requirements:
i. The site plan shall denote the location of all structures,
and parking facilities the circulation plan for all adjacent
sites, pursuant to the requirements of Section 23.
ii. A floor plan showing the location, size, and space uti-
lization of each room shall be submitted.
iii. The applicant shall submit a signed affidavit stating that
all applicable regulations of the State of Florida and
Indian River County as exist or may hereafter be amended.
d. Criteria for Group Homes: Level I, II, III and Residential
Centers.
i. Level I, II and III group homes and residential centers
shall be defined as facilities licensed by HRS which provide
a family living environment including 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. These group homes shall be
distinguished by their resident capacity as follows:
-- Level I group home, up to eight (8) residents;
-- 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.
ii. The use shall satisfy all applicable regulations of the
State of Florida and Indian River County as currently exist
or may hereafter be atilended.
iii. 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
ntensity;the expected number of persons per acre of the proposed use
may be compared to the equivalent 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 persons/d.u.; multiple
family, 2.0 persons/d.u. The intensity of the group home
shall not exceed one and one-half (1.5) times the intensity
of adjacent residential zoning.
iv. 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.
-- 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.
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-- Minimum Sleeping Areas. A minimum of eighty (80)
square feet s ah 11 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.
-- Bathroom Facilities. A full bathroom with toilet, sink
and tub or shower shall be provided for each five (5)
residents. An additional toilet and sink shall be
provided for each additional group of four (4) persons
or less.
V. To avoid an undue concentration of group care facilities in
one area, all such facilities shall be located at least
1,200 feet apart, measured from property line to property
line.
vi. If located in a single family area, the home shall have the
appearance of a single family home. Structural alterations
shall be of such a nature as to preserve the residential
character of the building.
viii.The facility shall satisfy all applicable off-street parking
requirements of Section 24. The facility shall meet or
exceed all open space requirements for the respective zoning
district.
vii. The maximum capacity of such facilities shall not exceed the
applicable number permitted by the Department of Health and
Rehabilitative Services.
3. Places of Worship. (Administrative Permit and Special Exception)
a. Districts Requiring Administrative Permit: Places of worship
shall be allowed in the RM -8, RM -10 and RM -14 districts upon approval
for an administrative permit as provided in Section 25.2 and after
meeting the requirements defined below.
b. Districts Requiring Special Exception: Places of worship may be
allowed in the R5-1, RS -3, RS -6, RT -6, RM -3, RM -4, RM -6, RMH-6 and
RMH-8 districts upon approval as a special exception as provided in
Section 25.3 and after meeting the requirements defined below.
C. Additional Information Requirements: The site plan shall denote
the location of all existing structures, parking facilities, and the
circulation plan for all adjacent sites, pursuant to the requirements
of Section 23.
d. Criteria for Places of Worship:
i. No building or structure shall be located closer than thirty
(30) feet to any property line abutting a residential use or
district.
ii. Access shall be from a major thoroughfare or as otherwise
approved by the County Engineer.
iii. Any accessory residential use 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 body. Accessory
residential uses may include convents, monasteries,
rectories or parsonages.
iv. Provisions shall be made to mitigate excessive noise when
the facility is located within or adjacent to a residential
district.
4. Total Care Facilities. (Special Exception)
a. Districts Requiring Special Exception: Total care facilities may
be allowed in the RM -8, RM -10 and RM -14 districts upon approval as a
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special exception as provided in Section 25.3 and after meeting the
requirements defined below.
b. Additional Information Requirements:
i. A site plan, pursuant to the requirements of Section 23.
ii. Any license(s) required by the State of Florida shall be
provided.
C. Criteria for Total Care Facilities:
i. 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 (1) dwelling
unit, and living units without cooking facilities shall
count as two-thirds(2/3) of a dwelling unit for the purposes
of calculating the density of development.
ii. The total care facility shall be primarily residential in
character; however, convalescent and nursing homes, cen-
tralized 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.
a
iii. Nonresidential and non -recreational land uses included as
part of the total care facility shall not exceed twenty
percent (20%) of the gross residential floor area contained
therein.
iv. The total care facility shall maintain a minimum of fifty
percent (50%) open space.
V. No building or structure shall be located closer than thirty
(30) feet to any lot line which abuts a residential dis-
trict.
vi. No off-street parking shall be located closer than fifteen
(15) feet to any lot line which abuts a residential dis-
trict.
vii. Adequate provisions shall be made for service vehicles with
access to the building at a side or rear entrance.
D. COMMUNITY SERVICE USES
1. Correctional Institutions.
(Reserved)
2. Cultural or Civic Facility. (Administrative Permit and Special
Exception
a. Districts Requiring Special Exception: Cultural or civic facil-
ities may be allowed in the A-1, RM -8, RM -10 and RM -14 districts upon
receiving approval for a special exception as provided in Section 25.3
and after meeting the requirements defined below.
b. Additional Information Requirements: The site plan shall denote
the location of all existing structures, parking facilities, and the
circulation plan for all adjacent sites, pursuant to the requirements
of Section 23.
C. Criteria for Cultural or Civic Facility:
i. No building shall be located closer than fifty (50) feet to
any lot line which abuts a residential district.
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ii. No off-street parking or loading space shall be located
closer than twenty-five (25) feet to any property line
abutting a residential district.
iii. Any accessory restaurant or ticket sales activities which
may be included as part of the cultural or civic facility
shall conduct all sales activities within the building.
iv. Access to the facility shall be from a major thoroughfare.
V. Screening (reserved).
3. Educational Facilities, Excluding Business, Secretarial and Vocational
Schools. Special Exception
a. Districts Requiring Special Exception: Educational facilities,
excluding business, secretarial and vocational institutions may be
allowed in the A-1, RFD, RS -1, RS -3, RS -6, RT -6, RM -3, RM -4, RM -6,
RM -8, RM -10, RM -14, RMH-6 and RMH-8 zoning districts upon receiving
approval as a special exception as provided in Section 25.3 and after
meeting the requirements defined below.
b. Additional Information Requirements:
i. The site plan shall denote the location of all existing
structures, parking facilities, and the circulation plan for
all adjacent sites, pursuant to the requirements of Section
23.
ii. A description of the anticipated service area and projected
enrollment shall be provided.
iii. A copy of all requisite licenses from the State of Florida.
C. Criteria for Educational Facilities:
i. Sites shall be located near major thoroughfares so as to
discourage traffic along local residential streets in
residential subdivisions. Elementary schools should be
discouraged from locating adjacent to arterial roadways.
ii. Depending on the type of facility proposed, the minimum
spatial requirements for the site shall be similar to
standards utilized by the Indian River County School Board
and the State of Florida.
iii. No main or accessory building shall be located within one
hundred (100) feet of any property line not adjacent to the
street or roadway.
iv. The applicant shall submit a description of anticipated
service area and projected enrollment, by stages if appro-
priate, and relate the same to a development plan explain-
ing:
-- Area to be developed by construction phase.
-- 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.
-- Safety features of the development plan.
V. No rooms within the school shall be regularly used for the
housing of students when located in a Single Family Residen-
tial District.
4. Governmental Administration Building. (Special Exception)
a. Districts Requiring Special Exception: Governmental adminis-
tration buildings may be allowed in the A-1, RFD, RS -i, RS -3, RS -6,
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RT -6, RM -3, RM -4, RM -6, RM -8, RMH-8 and CRVP districts upon receiving
approval as a special exception as provided in Section 25.3 and after
meeting the requirements defined below.
b. Additional Information Re uirements: The site plan shall denote
the location of a existing structures, parking facilities, and the
circulation plan for all adjacent sites, pursuant to the requirements
of Section 23.
C. Criteria for Governmental Administration Building:
i. No building shall be located closer than fifty (50) feet to
any lot line which abuts a residential district.
ii. No off-street parking or loading space shall be located
closer than twenty-five (25) feet to any property line
abutting a residential district.
iii. Screening (reserved).
E. RECREATION USES
I. Country Clubs. (Administrative Permit and Special Exception)
a. Districts Requiring Administrative Permits. Country clubs shall
be allowed in the A-1 district upon receiving approval for an adminis-
trative permit as provided in Section 25.2 and after meeting the
requirements defined below.
b. Districts Requiring Special Exception: Country clubs may be
allowed in the RFD, RS -1, RS -3, R5-6, RT -6, RM -3, RM -4, RM -6, RM -8,
RM -10 and RM -14 districts upon receiving approval as a special excep-
tion as provided in Section 25.3 and after meeting the requirements
defined below.
C. Additional Information Requirements: A site plan meeting the
requirements of Section 23.
d. Criteria for Country Clubs:
i. The term "Country Club", as used in this section, shall be
defined as 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.
ii. 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.
iii. No off-street parking or loading area shall be located
closer than twenty-five (25) feet to any residential zoning
district.
iv. Where such uses involve golf courses, tennis courts, marinas
or any other recreational use for which standards are set
forth in Section 25.1 (E)), they shall also be subject to
such standards and procedures, unless a waiver is granted by
the decisionmaking body because the standards are not
applicable to the type or intensity of use proposed.
V. All multi-purpose recreational clubs authorized herein shall
be located adjacent to a major thoroughfare.
vi. All outdoor lighting shall be adequately shielded in order
to prevent reflection onto adjacent properties.
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vii. A landscaped bufferyard utilizing screening, as established
in Section 23, shall be required adjacent to all residen-
tially zoned land.
2. Golf Courses and Accessory Facilities. (Administrative Permit and
Special Exception
a. Districts Requiring Administrative Permit: Golf courses and
accessory facilities shall be allowed in the A-1 district upon receiv-
ing approval for an a6ministrative permit as provided in Section 25.2
and after meeting the requirements defined below.
b. Districts Requiring Special Exception: Golf courses and accesso-
ry facilities may be allowed in the RFD, RS -1, RS -3, RS -6, RT -6, RM -3,
RM -4, RM -6, RM -8, RM -10, RM -14, RMH-6, and RMH-8 districts upon
receiving approval as a special exception as provided in Section 25.3
and after meeting the requirements defined below.
c. Additional Information Requirements:
i. The location and designation of all zoning districts abut-
ting the site.
ii. A site plan meeting the requirements of Section 23.
d. Criteria for Golf Courses and Accessory Facilities:
i. Golf courses and accessory facilities shall not be inter-
preted to include freestanding commercial miniature golf
courses and/or driving ranges.
ii. 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 residential district.
iii. Golf courses shall, to the most reasonable extent, retain
and preserve native vegetation over at least thirty (30)
percent of the total upland area of the course due to their
characteristically high water demand and heavy nutrient
loads.
iv. The golf courses shall be designed so that any lighting is
shielded and directed away from residential areas.
V. Screening: (RESERVED)
3. Major Sports and Recreation Areas and Facilities. (Special Exception)
a. Districts Requiring Special Exception: Major sports and recre-
ation areas and facilities may be allowed in the A-1 district upon
receiving approval as a special exception as provided and after
meeting the requirements defined below.
b. Additional Information Requirements: The site plan shall denote
the location of all existing structures, parking facilities, and the
circulation plan for the proposed facility and all adjacent sites,
pursuant to the requirements of Scction 23.
C. Criteria for Major Sports Areas and Facilities:
i. All buildings and structures shall be at least thirty (30)
feet from all property lines.
ii. Off-street parking shall be provided in the ratio of a
minimum of one (1) space to every four (4) seats.
iii. All facilities shall be located on a collector or arterial
street, as established in the County Thoroughfare Plan.
iv. The facility shall be designed so that any outdoor lighting
is shielded and directed away from any residential areas.
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4. Parks and Playgrounds Open to the Public. (Administrative Permit)
a. Districts Re uirin Administrative Permit: Public parks and
playgrounds shal be al owed within the RS -1, RS -3, RS -6, RT -6, RMH-6
and RMH-8 zoning districts upon receiving approval for an administra-
tive permit as provided in Section 25.2 and after meeting the require-
ments defined below.
b. Additional Information Requirements:
i. The location and size of all buildings, structures, and all
off-street parking and loading facilities of adjacent sites,
pursuant to the requirements of Section 23.
ii. A statement by the applicant identifying the specific types
of activities and programs which are to be associated with
the use shall be submitted.
C. Criteria for Public Parks and Playgrounds:
i. No off-street parking or loading areas or buildings and
structures shall be located closer than twenty (25) feet to
any property line abutting a residential district.
ii. Any recreational use equipped with lighting to allow the use
of the facility after sunset or any facility such as a
stadium which may attract large groups of users for specific
events shall be allowed only as a special exception.
5. Tennis Facilities and Beach Clubs: (Special Exception)
a. Districts Requiring Special Exception: Beach clubs may be
allowed in the RM -3, RM -4, RM -6, RM -8, RM -10 and RM -14 districts upon
approval as a special exception as provided in Section 25.3 and after
meeting the requirements defined below. Tennis facilities may be
allowed in the RM -3, RM -6, RM -8, RM -10, RM -14, RMH-6 and RMH-8 dis-
tricts upon receiving approval as a special exception as provided in
Section 25.3 and after meeting the requirements defined below.
b. Additional Information Requirements: The site plan shall denote
the location for all existing structures, parking facilities, and the
circulation plan for the proposed facility and all adjacent sites,
pursuant to the requirements of 23.
c. Criteria for Tennis Facilities and Beach Clubs:
i. No off-street parking or loading areas or buildings and
structures shall be located closer than twenty-five (25)
feet to any property line abutting a residential district.
ii. All outdoor lighting shall be adequately shielded in order
to prevent reflection onto adjacent properties.
iii. Screening (Reserved).
6. Yacht Clubs. (Special Exception)
a. Districts Requiring Special Exception: Yacht clubs may be
allowed in the RM -3, RM -4, RM -6, RM -8, RM -10, and RM -14 districts upon
receiving approval as a special exception as provided in Section 25.3
and after meeting the requirements defined below.
b. Additional Information Requirements: A site plan which indicates
the structures and facilities located on both land and water, includ-
ing boat slips, and all other requirements of Section 23.
C. Criteria for Yacht Clubs:
i. There shall be no dry docking facilities.
ii. All docks and structures erected over the water shall be on
pilings permitting the free flow of water; no bulkhead shall
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be permitted to extend beyond the established bulkheao line;
no such dock shall be allowed to extend into public water
such a distance as to interfere with navigation and com-
merce.
iii. No portion of the site may be used for outside storage or
boat repair.
iv. If approval is granted for a marine filling station as an
accessory use, the following shall apply:
-- The facility shall provide for the safe and efficient
movement of watercraft.
-- The facility shall be no closer than thirty (30) feet
to any permanent docking facility, or fifty (50) feet
to any residential use or district.
-- 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 within all required setbacks.
Flammable materials shall be stored in a manner satis-
factory to the Planning and Development Division.
V. No off-street parking or loading areas or buildings and
structures shall be located closer than twenty-five (25)
feet to any property line abutting a residential district.
vi. Screening (Reserved).
F. COMMERCIAL USES
I. Fruit and Vegetable Stands. (Administrative Permit)
a. Districts Requiring Administrative Permit. Fruit and vegetable
stands shall be allowed in the A-1 district upon receiving approval
for an administrative permit as provided in Section 25.2 and after
meeting the requirements defined below.
b. Additional Information Requirements:
i. A site plan meeting all of the requirements of Section 23.
ii. The hours during which the stand will be operated.
C. Criteria for Fruit and Vegetable Stands:
No storage, sale or display of merchandise shall be permit-
ted within required front yards.
ii. No vehicle shall be used as a place of business for selling
merchandise.
iii. Such uses shall comply with the entry and exit ways,
off-street parking, yard and other applicable zoning regu-
lations of this Code.
2. Veterinary Clinic or Animal Hospital. (Administrative Permit)
a. Districts Re uirin Administrative Permit: Veterinary clinic or
anima hospitals sha be permitted in aTT A-1, OCR, MED, CL and CG
districts upon approval of an administrative permit as provided in
Section 25.2 and after meeting the requirements defined below.
b. Additional Information Requirements:
i. A statement from the applicant indicating the types of
animals to be cared for and the nature of all on-site
facilities shall be submitted.
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ii. The applicant shall submit a signed affidavit that no
permanent or commercial boarding of animals is taken place
on site.
iii. A site plan, pursuant to the requirements of Section 23.
C. Criteria for Veterinary Clinic or Animal Hospital:
i. All facilities shall be located in an enclosed structure.
ii. No part of the premises shall be used for permanent or
commercial boarding of animals.
iii. All buildings shall be at least thirty (30) feet from any
property line and shall be soundproofed in such a manner
that adjacent occupants will not be disturbed.
iv. All parking areas shall be surfaced with a hard and durable
material and properly drained.
G. INDUSTRIAL USES
-- RESERVED FOR FUTURE USE --
H. TRANSPORTATION USES
1. Airports and Airstrips. (Special Exception)
a. Districts Requiring Special Exception: Airports and airstrips
may be allowed in the A-1 district upon receiving approval as a
special exception as provided in Section 25.3 and after meeting the
requirements defined below.
b. Additional Information Requirements:
i. A configuration diagram showing the layout of runways,
taxiways, approach zones, and overrun areas.
ii. Isosonic contours showing the effects of aircraft operations
upon land within one (1) mile of the boundary of the
proposed site.
iii. The number and type of aircraft proposed to be stored
including storage areas for aircraft, fuel and motor vehi-
cles and service areas for aircraft.
iv. Proposed methods for the provision of fire and rescue
services shall be provided, and a letter from the appropri-
ate agencies stating that services are available and ade-
quate to protect the proposed facility shall be submitted.
V. All land uses within the final approach zones of the facili-
ty shall be identified.
vi. Certification that all Federal Aviation Administration and
State standards and requirements have been met shall be
provided.
vii. A site plan, pursuant to the requirements of Section 23.
C. Criteria for Airports and Airstrips:
i. Evidence shall be furnished of the acquisition of property
or 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.
ii. All buildings and structures shall be at least thirty (30)
feet from the property line.
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iii. All drives and parking areas shall be surfaced with a hard
and durable material and properly drained.
iv. All applicable FAA and state regulations shall be met.
V. Letters from appropriate fire and rescue agencies shall be
submitted ensuring that protective services can be provided
at an adequate level.
vi. Screening: (RESERVED)
I. UTILITY USES
1. Public and Private Utilities, Heavy. (Special Exception)
a. Districts Requiring Special Exception. Heavy public and private
utilities may be allowed in the A-1 district upon receiving approval
for a special exception as provided in Section 25.3 and after meeting
the requirements defined below.
b. Additional Information Requirements:
i. A site plan showing the proposed utility site, pursuant to
the requirements of Section 23.
ii. A plan of the utility system, showing how the proposed
facility will connect with any existing utility systems.
iii. 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 Compre-
hensive Plan.
iv. 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:
i. Heavy utility uses shall include all electrical generation
plants, major sewage treatment and disposal facilities, and
major water purification plants.
ii. Any power generation facility shall be consistent with the
provisions of the Florida "Electrical Power Plant Siting
Act", Chapter 23, Section 23.09191 F.S., as well as the
Utility Element of the Indian River County Comprehensive
Plan.
iii. The disposal of all wastes, gaseous, liquid or solid, shall
comply with all Federal, State and local laws.
iv. All above ground facilities shall be located no closer than
one hundred (100) feet from all premises.
V. 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 completely screened from the view of surrounding prop-
erties.
vi. All buildings and parking and loading areas shall be located
a minimum of one hundred (100) feet from any lot line
adjacent to a residential zoning district. This one hundred
(100) foot yard shall be heavily landscaped.
2. Public and Private Utilities, Limited. (Special Exception)
a. Districts Requiring Administrative Permit: Limited public and
private utilities may be allowed within the RFD, RS -1, RS -3, RS -6,
RT -6, RM -3, RM -4, RM -6, RM -8, RM -10, RM -14, RMH-6, RMH-8 and CRVP
-56-
districts upon receiving approval as a special exception as provided
in Section 25.3 and after meeting the requirements defined below.
b. Additional Information Requirements:
Site plan proposed by a Florida registered engineer shall
show the proposed utility system together with the existing
utility system, of which the proposed system will be an
integral part, pursuant to the requirements of Section 23.
ii. 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.
C. Criteria for Public and Private Utilities, Limited:
i. Limited public and private utilities shall include the
following when they are the principal use on a lot: elec-
trical substations, package treatment plants, water puri-
fication, storage and pumping facilities, sewage pumping
facilities, and similar utility uses.
ii. All above ground facilities shall be contained by a six (6)
foot fence or wall. Proper signs shall be posted every
three (3) feet upon the walls and/or fence when the facility
is deemed as being a potential hazard to the public.
iii. All below ground cables within a utility right-of-way shall
be made known to the public through the use of signs posted
therein.
iv. All above ground facilities shall be no closer than fifty
(50) feet to any residential property line.
V. 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 completely screened from the view of surrounding prop-
erties.
vi. All buildings and parking and loading areas shall be located
a minimum of twenty-five (25) feet from any lot line adja-
cent to a residential zoning district. This twenty-five
(25) foot yard shall be heavily landscaped.
3. Transmission Towers (Radio, T.V. and Microwave). (Special Exception)
a. Districts Re uirin Special Exception:Transmission towers may
be al owed in the A-1 district upon receiving approval as a special
exception as provided in Section 25.3 and after meeting the require-
ments defined below.
b. Additional Information Requirements:
i. Applicant shall present documentation of the possession of
any required license by and federal, state or local agency.
ii. A site plan, pursuant to the requirements of Section 23.
C. Criteria for Transmission Towers:
i. 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 mod-
ified upon a recommendation by the Director of Public Works.
ii. Distance of any guy anchorage or similar device shall be at
least ten (10) feet from any property line.
-57-
iii. Suitable protective anti -climb fencing and a landscape
planting screening shall be provided and maintained around
the structure and accessory attachments.
iv. All structures shall be subject to the height restrictions
provided in Section 25(A), "Height Exceptions".
V. 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".
vi. 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.
vii. 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", of Section
25(P).
J. EARTHMOVING USES
-- RESERVED FOR FUTURE USE --
-58-
SECTION 13
Section 25(A).2, entitled "Review of Uses Requiring Administrative Permits", is
hereby created to read as follows:
SECTION 25.2 REVIEW OF USES REQUIRING ADMINISTRATIVE PERMITS
A. PURPOSE AND INTENT.
This section is established to provide for the granting of administrative
permits by the Planning and Zoning Commission 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 Ordinance.
B. ESTABLISHMENT OF USES REQUIRING ADMINISTRATIVE PERMITS.
The district regulations of this Ordinance 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 Section 25.1, "Regulations for Specific
Land Uses".
C. AUTHORIZATION.
The Planning and Zoning Commission is hereby authorized to decide all applica-
tions for administrative permits, as set forth in these provisions, subsequent
to a recommendation by the Planning and Development Director.
D. CONDITIONS AND SAFEGUARDS.
The Planning and Zoning Commission may attach to its approval of an administra-
tive permit 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 Ordinance.
E. PROCEDURES FOR REVIEW OF USES REQUIRING ADMINISTRATIVE PERMITS.
Uses requiring an administrative permit shall be reviewed pursuant to the
procedures and notice requirements established in Section 23, "Site Plan Ap-
proval".
F. STANDARDS.
No administrative permit shall be approved by the Planning and Zoning Commission
unless:
1. Specific Requirements. The proposal is in compliance with all appli-
cable district regulations, the applicable specific land use regu-
lations of Section 25.1 and all other applicable regulations.
2. Comprehensive Plan. The proposal is determined to be consistent with
the Indian River County Comprehensive Plan.
G. 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 Commission-
ers, pursuant to the procedure of this Ordinance.
-59-
SECTION 14
Section 25(A).3, entitled "Regulation of Special Exception Uses", is hereby
created to read as follows:
SECTION 25.3 REGULATION OF SPECIAL EXCEPTION USES
A. PURPOSE AND INTENT.
This section is intended to stipulate procedures and reference specific criteria
for considering the approval of special exception uses. The procedures estab-
lished herein are intended to assure careful examination and findings of fact by
appropriate County entities during the review of special exception uses. Such
review shall consider the nature, extent and potential external impacts associ-
ated with special exception uses.
B. ESTABLISHMENT OF SPECIAL EXCEPTION USES.
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.
2. Special Exception Uses, Specifically. The zoning districts which are
established in this Ordinance designate those uses and activities
which shall be regulated as special exception uses. Those uses which
are designated as special exception shall be permitted only after
being approved pursuant to the procedures established in this section
and further satisfying the specific use criteria established in
Section 25.1, "Regulations for Specific Land Uses".
C. 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 recommenda-
tion by the Planning and Zoning Commission.
D. CONDITIONS AND SAFEGUARDS.
In granting any special exception, the Board of County Commissioners may pre-
scribe appropriate special conditions and safeguards to assure the use is
compatible with surrounding uses in the district. Violation of 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 zoning regulations. Such
conditions and safeguards may include, but are not limited to:
1. 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 extensions or renewals.
2. Guarantees. The posting by the applicant of a guarantee or bond in an
appropriate form and reasonable amount.
E. PROCEDURES FOR REVIEW OF SPECIAL EXCEPTION USES.
Pre -Application Conference. Prior to filing an application for a
special exception, the developer 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.
2. Filing of Application. Following the pre -application conference, the
applicant may file an application for a special exception use,
-60-
4.
5.
prepared in compliance with the forms on file at the Planning and
Development Division. The appropriate number of applications shall be
filed with the Planning and Development Division.
a. Site Plan Required; Optional Conceptual Special Exception A -
rp ova I .
Concurrent Site Plan and Special Exception Approval.
Applications for special exception uses shall include a site
plan, prepared in accordance with the provisions of Section
23, "Site Plan Approval", and shall include all additional
information required in Section 25.1, "Regulation for
Specific Land Uses".
ii. 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 Section 23. Applicants
wishing to obtain special exception approval based on a
conceptual site plan shall submit details of the project, as
required by the Director of Planning and Development, and a
statement approved by the County Attorney that he or she
will comply with all standards for the use as required by
the zoning ordinance and any conditions which may be at-
tached by the Board of County Commissioners. If the appli-
cant 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 Section 23, "Site
Plan Approval".
Request for Waivers or Modifications. Any requirements of this
Ordinance 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.
C. Staff Review. Upon receipt of the application, the Planning and
Development Director shall forward it to all appropriate County
reviewing agencies, and shall initiate his review of the applica-
tion for conformance with the standards of this section. The
Planning and Development Director or his appointed staff member
may require the submission of additional information, as needed,
in order to adequately review a complete application.
Planning and Zoning Commission Review.
a. 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 from the Director. Notice
shall be provided in accordance with the notification require-
ments for a rezoning.
b. 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.
Board of County Commissioners Review.
a. Notice and Hearing. The Board of County Commissioners shall hold
T public hearing on the application, report, and recommendation
of the Planning and Zoning Commission within a reasonable period
of time following receipt from the Planning and Zoning Commis-
sion. Notice shall be provided in accordance with the notifica-
tion requirements for a rezoning.
-61-
b. Decision. Within a reasonable period of time following the close
of the public hearing, the Board of County Commissioners shall
approve, approve with conditions or deny the application, fur-
nishing the applicant a written statement of the reasons for any
denial. A special exception use shall be granted upon an affir-
mative vote of at least a simple majority of the Board of County
Commissioners present.
F. REQUIRED FINDING BY THE REVIEWING BODY.
Before any application regarding a special exception shall be approved, the
reviewing body shall make a finding that it is empowered under the provisions of
this Ordinance 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 criteria for the review of special exceptions have been satisfied and
that adequate special conditions have been imposed to assure compatibility with
surrounding land uses considering but not limited to:
1. Ingress and egress to property and proposed structures thereon with
particular reference to automotive and pedestrian safety and conve-
nience, traffic flow and control, and access in case of fire or
catastrophe;
2. 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;
3. Refuse and service areas with particular reference to the items in
"1." and "2." above;
4. Utilities, with reference to locations, availability and compatibil-
ity;
5. Screening and buffering with reference to type, dimensions and charac-
ter;
6. Signs, if any, and proposed exterior lighting with reference to glare,
traffic safety, economic effects, and compatibility and harmony with
properties in the district;
7. Required yards and other open space;
8. Any special requirements set forth in the zoning district regulations
for the particular use involved.
G. 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 this
Ordinance.
H. GENERAL CRITERIA FOR REVIEW OF SPECIAL EXCEPTION USES.
Prior to approval by the Board of County Commissioners a special exception must
comply with the below cited general criteria as well as specific criteria for
the respective special exception use cited herein in Section 25.1, "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 Ordinance 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.
1. 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 Ordinance.
-62-
2. 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 poten-
tial impacts as traffic generation, drainage, nuisance impacts,
lighting, appearance, effect on property values, and other factors
potentially impacting the character and stability of the surrounding
area.
3. 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 landscape and structural improvements, public facilities,
methods and operational procedures, required to effectively mitigate
against potential negative impacts.
4. Promote Orderly Development. The use and proposed location shall
promote orderly and efficient development considering such factors as
impact on public facilities, preserving integrity of the neighborhood,
avoidance of excessive proliferation of a special exception use within
a part of a zoning district and similar factors impacting orderly
development of the area.
I. SPECIFIC CRITERIA FOR REVIEW OF SPECIAL EXCEPTION USES.
In addition to satisfying the general criteria for
uses as established herein, a special exception
satisfy the specific criteria for the particular
Section 25.1, "Regulations for Specific Land Uses".
-63-
reviewing special exception
use must also be found to
land use, as established in
SECTION 15
APPLICABILITY OF NEW SECTIONS
Until further action has been taken by the Board of County Commissioners of
Indian River County by the adoption of appropriate ordinances, the zoning
districts created by this ordinance shall be considered additional districts.
The administrative sections, sections pertaining to general or specific use
criteria, shall only apply to the new districts created by this ordinance and
subsequent ordinances of the County. All further re -zonings, where applicable,
shall utilize the newly created districts.
SECTION 16
INCORPORATION IN CODE
The provisions of this ordinance shall be incorporated into the County Code and
the word "ordinance" may be changed to "section", "article", or other appropri-
ate word, and the sections of this ordinance may be renumbered, reserved or
relettered to accomplish such intentions.
SECTION 17
SEVERABILITY
If any section, part of a sentence, paragraph, phrase or word of this ordinance
is for any reason held to be unconstitutional, inoperative or void, such hold-
ings shall not affect the remaining portions hereof and it shall be construed to
have been the legislative intent to pass this ordinance without such unconstitu-
tional, invalid or inoperative part.
SECTION 18
The provisions of this ordinance shall become effective upon receipt from the
Florida Secretary of State of Official Acknowledgement that this ordinance has
been filed with the Department of State.
-64-
Approved and adopted by the Board of County Commissioners of Indian River
County, Florida, on this 16th day of January 1985.
BOARD OF COUNTY COMMISSIONERS
OF INDIAV--KVER COUNTY
Pat Lyons
Chairman /
Acknowledgment by the Department of State of the State of
Florida this4th day of February , 1985.
Effective Date: Acknowledgment from the Department of State
received on this 8th day ofFebruary , 1985, at 11:00
A.M./P.M. and filed in the Office of the Clerk of the Board
of County Commissioners of Indian River County, Florida.
APPROVED AS TO FORM AND
LEGAL SUFFI NCY.
By
Gary B andenb g
COU ATT Y
-65-
ATTACHMENT # I
TABLE OF PERMITTED USES
AGRICULTURAL AND RESIDENTIAL ZONING DISTRICTS
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SUMMARY TABLE OF SIZE AND DIMENSION CRITERIA:
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ATTACHMENT # 2
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