HomeMy WebLinkAbout1985-441 INDIAN RIVER COUNTY ORDINANCE NO. 85-44
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, BY AMENDING
SECTION 25, "GENERAL PROVISIONS", AND PROVIDING FOR THE
REPEAL OF CONFLICTING ORDINANCES, AS WELL AS CODIFICATION,
SEVERABILITY, AND EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED B1 THE BOARD OF COUNTY COMMISSIONERS OF INDIAN
RIVER COUNTY, FLORIDA, that:
SECTION 25: GENERAL PROVISIONS
SECTION 1
Section 25 entitled "General Provisions" is hereby amended to read as follows:
25 A. HEIGHT EXCEPTIONS AND LIMITATIONS
I. Height Exceptions
The height limitations stipulated in the applicable districts shall
not apply to the following, provided that no such structure exceeds
the height limits for airport approach areas, as established in
para. 2, below:
-- church and monument sites;
-- chimneys;
-- flag poles;
-- silos;
-- elevator towers;
air conditioning and condensing units;
-- windmills;
-- aircraft control towers and navigational aids;
-- Utility transmission towers;
-- solar energy collectors; and
-- similar structures.
Notwithstanding, any radio, television or microwave transmission or
receiving tower which is greater than one hundred forty (140) feet
in height shall only be allowed subject to the criteria established
for such towers in Section 25.1 (I).
2. Height Limitations
No structure shall be erected which would encroach into or through
any established public or private airport approach plan, prepared in
accordance with the criteria established by the Federal Aviation
Administration, including the Approach and Zoning Plan for the Vero
Beach Municipal Airport and any other airport or airstrip which may
currently exist or be created in the future.
25 B. YARD ENCROACHMENTS
Every part of a required yard shall be open and unobstructed from the
ground to the sky, except as hereinafter provided or as otherwise permit-
ted in this ordinance. No structure shall be erected within any ease-
ment, except as specifically authorized by this ordinance.
1. Structural Overhangs
Cornices, awnings, eaves, gutters or other similar structural over-
hangs at least seven (7) feet above grade, may extend up to four (4)
feet into any required yard, provided that no such overhang shall
extend to within six (6) feet of any property line.
2. Sills and Belt Courses
Sills, belt courses and similar ornamental features may extend six
(6) inches into any required yard.
3. Air Conditioners and Similar Mechanical Equipment
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TABLE OF CONTENTS
SECTION 25: GENERAL PROVISIONS
SECTION 1
25 A. HEIGHT EXCEPTIONS AND LIMITATIONS ...............
25 B.
25 C.
....
..........
1. Height Exceptions .............................................
2. Height Limitations ............................................
YARD ENCROACHMENTS ............................................
1. Structural Overhangs ..........................................
2. Sills and Belt Courses ........................................
3. Air Conditioners and Similar Mechanical Equipment .............
4. Fire Escapes, outside Stairways, Balconies, Chimneys, etc. ....
5. Docks and Accessory Waterfront Structures .....................
6. Swimming Pools, and Related Structures
a. Swimming Pools ......................................
b. .Pool Decks and Patios ....................................
C. Pool Enclosures ..........................................
7. Trellises, Play Equipment, Lights, Outdoor Furniture, etc. ....
8. Unenclosed Porches, Steps and Paved Terraces ..................
9. Gasoline Pumps and Islands ....................................
10. Walls and Fences ..............................................
11. Utility Buildings .........................................
12. Parking Areas and Driveway ....................................
13. Sidewalks.....................................................
TEMPORARY USES ................................................
1. Authorization ............................................
2. Definitions............. ........ .............
3. Authorized Temporary Uses by Zoning District .............
a. Agricultural Districts ..............................
b. Residential Districts ...............................
C. Commercial Districts ................................
d. Industrial Districts ................................
4. General Standards for Permitting Temporary Uses ..........
a. Nuisance, Hazardous -Features ........................
b. Traffic and Parking. .........................
C. Public Facilities and Services ......................
d. Natural Environment .................................
e. Site Suitability ....................................
f. Duration ............................................
5. Application for Temporary Permit; Fees ...................
a. Termination .........................................
b. Renewals, Extensions ................................
6. Standards for Specific Temporary Uses ....................
a. Model Homes .........................................
i. Maximum Permit Period ..........................
ii. Off -Street Parking Requirements ................
iii. Restrictions on Use ............................
iv. Business Activities ............................
V. Size and Dimension Standards ...................
vi. Signage .....................................
vii. Illumination ...................................
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25 D
25 E.
25 F.
25 G.
25 H
25 I
Page
b. Temporary Construction Offices, Storage Buildings,
Trailers, and Watchmen's Quarters ................... 5
i. Maximum Permit Period ..................... 5
ii. Applicability of Permit(s) ..................... 5
iii. Limitations in Single Family Zoning Districts .. 6
iv. Limitation on Number of Trailers ............... 6
v. Location ....................................... 6
vi. Dust Control, Appearance ....................... 6
vii. Removal ........................................ 6
viii.Screening in or Adjacent to a
Residential District ........................... 6
C. Temporary Real Estate Sales Office ...... ......:... 6
i. Maximum Permit Period; Extensions .............. 6
ii. Type of Sales .................................. 6
iii. Hours of Operation; Lighting ................... 6
iv. Required Improvements. ............... 7
V. Minor Site Plan Approval Required .............. 7
HOME OCCUPATIONS .............................................. 7
1. - Authorizations ........................................... 7
2. Definitions ..............................................
7
3. Authorized Home Occupations ............................. 7
4. Non -Authorized Home Occupations.......................... 8
5. Home Occupations Requiring Planning and Zoning
Commission Approval ...................................... 8
6. Use Limitations .......................................... 8
a. Location ........................................... 8
b. Merchandise ......................................... 8
C. Exterior Alterations ................................ 8
d. Outdoor Display or Storage .......................... 8
e. Employees ........................................... 9
f. Level of Activity ................................... 9
g. Traffic, Parking .................................... 9
h. Equipment, Processes ................................ 9
i. Signs ............................................... 9
j. Licenses, Permits ................................... 9
7. Application for Home Occupation Approval; Fees ........... 9
PARKING OF COMMERCIAL VEHICLES IN RESIDENTIAL AREAS ........... 9
1. Definitions .... .. .... ......... 9
.......... ..... ............
2. Restrictions on the Parking of Commercial Vehicles
in Residential Areas ..................................... 9
PARKING OR STORAGE OF JUNK VEHICLES ........................... 10
1. Parking or Storage of Junk Vehicles ...................... 10
2. Parking or Storage of Automobiles ........................ 10
ACCESSORY USES AND STRUCTURES ................................. 10
1. Authorization ............................................ 10
2. Definitions ............................................. 10
3. Use Limitations ........................................ 10
4. Location Regulations ..................................... 11
a. Attachment to Principal Building .................... 11
b. Parking and Loading ................................. 11
C. Signs .................................... 11
d. Corner Visibility ................................... 11
ABOVE GROUND STORAGE OF GASOLINE AND OTHER
COMBUSTIBLE FLUIDS ............................................ 11
WALLS AND FENCES .............................................. 11
Page
1.
Generally ................................................
11
2.
Height of Walls and Fences ...............................
11
a. Front Yard ..........................................
11
b. Side Yard ...........................................
11
C. Rear Yard ...........................................
11
3.
Prohibited Walls and Fences; Residential Districts .......
11
4.
Agricultural and Temporary Construction Fences ...........
12
5.
Increased Height of Walls and Fences .....................
12
a. Administrative Approval .............................
12
b. Application and Fee .................................
12
C. Appeals of Decision .................................
12
6.
Use of Easements; Removal Agreement ......................
12
a. Administrative Approval .............................
12
b. Application and Fee .................................
12
C. Removal Agreement ...................................
12
25 J.
NONCONFORMITIES...............................................
13
1.
Purpose and Intent .......................................
13
2.
Definitions. ... ............................
13
3.
Continuation of Nonconformities .....................
13
4.
Expansion or Change of Nonconformities ...................
13
a. Generally.................... ....................
13
b. Additions to Nonconforming Structures ...............
13
C. Additions to Establishments With Site Related
Nonconformities.....................................
13
5.
Repair or Alteration of Nonconformities ..................
13
6.
Reconstruction of Nonconformities After Catastrophe ......
14
7.
Cessation of Nonconformities .............................
14
25 K.
MINIMUM BUILDABLE WIDTH .......................................
14
25 L.
SETBACK REQUIREMENTS ..........................................
14
1.
Street and Road Setbacks .................................
14
2.
Requited Setbacks From Waterbodies .......................
14
3.
S.R. 60 Front Setback Requirement ........................
14
25 M.
REQUIRED
CORNER VISIBILITY ....................................
14
1.
Location ..............................................
14
2.
Vertical Clearance .......................................
15
25 N.
MOVING OF STRUCTURES ..........................................
15
1.
Performance Bond .........................................
15
2.
Requisite Drawings and Specifications ....................
15
3.
Site Plan Required .......................................
15
25 0.
SIGNS
.........................................................
15
1.
Special Definitions ......................................
15
2.
On -Site Signs ............................................
16
a. On -Site Signs, Generally ..............................
16
b. Maximum sizes .........................................
16
3.
Off -Site and On -Site Signs ...............................
16
a. Maximum heights .....................................
16
4.
Off -Site Signs ...........................................
16
5.
Districts ................................................
17
Page
a. Agricultural Districts (A-1). ... ......... 17
b. Rural Transition Area Districts (RRand RS -1)....... 17
C. Residential Districts ............................... 17
i. Single Family Districts ........................ 17
ii. Two -Family Districts ........................... 17
iii. Multiple Family Districts ...................... 17
iv. Mobile home Districts .......................... 17
d. Commercial Districts ................................ 17
i. Planned Business District................. 17
ii. Restricted Commercial District ................. 18
iii. Commercial District...................... 18
iv. Heavy Commercial District ...................... 18
V. Commercial Recreational Vehicle Park District .. 18
e. Office Districts .................................... 18
f. Industrial Districts ................................ 18
i. LM -1: Light Manufacturing District............ 18
ii. M-1: Restricted Industrial District ............ 18
g. Marine Park Districts ............................... 18
i. MP: Marine Park ................................ 18
h. Special Purpose Overlay Districts ................... 19
6. Political Signs, Political Advertising and Billboards .... 19
7. Obscene, indecent, lewd or immoral signs prohibited..-:...... 19
8. Strip lighting ........................................... 19
9. Permits .................................................. 19
25 P. SEPTIC TANKS AND DRAINAGE FIELDS .............................. 19
25 Q. UNENCLOSED STORAGE OF RECREATIONAL VEHICLES,
TRAILERS AND BOATS ............................................ 19
1. Special Definitions ...................................... 19
2. Unenclosed Storage of Trailers, Campers and Boats;
Restrictions in Residential Zoning Districts ............. 20
a. Ownership of Recreational Vehicles and Boats;
Authorized Storage .. .... ......... 19
..... ... ..........
b. Limitation on Number of Recreational Vehicles ....... 20
C. Limitation on Number of Boats .................... 20
d. Location of Unenclosed Storage Areas ................ 20
e. Licensing ........................................ 20
f. Use Limitations ......................... 20
g. No Public Facilities Hook -Ups ............... 20
h. Limitations on Length of Recreational
Vehicles, Variances ................................. 20
3. Storage of Recreational Vehicles and Boats in
Multi -Family Residential Areas ........................... 20
25 R. RESERVED...................................................... 21
25 S. RESERVED ..................................................... 21
26 T. ACCESS RESTRICTIONS ON SINGLE FAMILY LOTS ..................... 21
25 U. SATELLITE DISH ANTENNAS ....................................... 21
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Page
SECTION 2
INCORPORATION IN CODE .............................................. 25
SECTION 3
SEVERABILITY....................................................... 25
SECTION 4
EFFECTIVE DATE ..................................................... 25
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1.
Definition ...............................................
21
2.
Location Restrictions ....................................
21
3.
Screening From Residential Districts .....................
21
25 V.
ESSENTIAL SERVICES ............................................
21
25 W.
PIERS, DOCKS, AND BOATSLIPS...................................
21
1.
Definitions ..............................................
21
2.
Restrictions Upon Regularly Moore Watercraft;
Maintenance ......................................
21
3.
Location of Boatslips....................................
22
4.
Projection of Waterfront Structures ......................
22
a. Unwalled Boat Shelters ..............................
22
b. Extension of Docks and Piers into Waterways,
Generally ...........................................
22
C. Tie -off Piles .......................................
22
5.
Side Lot Line Encroachment Prohibited ....................
22
25 X.
COASTAL MANAGEMENT AND SHORELINE PROTECTION ...................
22
1.
Establishment of Coastal Line Setback ...............
22
2.
Dune and Vegetative Disturbance Prohibited ...............
22
3.
Protection of Beach and Dune System ......................
23
a. Beach Access ........................................
23
b. Stability of the Primary Dune/Beach System ..........
23
C. Shoreline Protection. .....................
23
d. Prohibition of Motorized Vehicles ...............
23
e. Regulation of Beach Cleaning Activities .............
23
f. Protection of Sea Turtles ............................
23
4.
Roadways .......................................
23
5.
Parking Prohibited .......................................
23
6.
Regulations During Construction ..........................
23
7.
Operations of Motor Vehicle ..............................
23
8.
Emergency Provision ......................................
24
25 Y.
EXCAVATION OF CANALS AND WATERWAYS ............................
24
1.
Limitations...... .... ..........
.. ..... ......... ..... ...
24
2.
Minimum Width and Depth; Environmental Protection ........
24
SECTION 2
INCORPORATION IN CODE .............................................. 25
SECTION 3
SEVERABILITY....................................................... 25
SECTION 4
EFFECTIVE DATE ..................................................... 25
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Air conditioning equipment, sprinkler system controls and similar
mechanical equipment (including utility's pad mounted equipment) may
project into any required yard provided that the equipment is
mounted in a manner contiguous to the building.
4. Fire Escapes, Outside Stairways, Balconies, Chimneys, etc
Open or enclosed fire escapes, outside stairways, balconies, and
Chimneys and flues may project up to four (4) feet into any required
yard, provided such projections shall not unduly obstruct light and
ventilation.
5. Docks and Accessory Waterfront Structures
Docks and other permitted accessory waterfront structures are
allowed within required yards, excluding required side yards (Cross
reference: §25 T).
6. Swimming Pools, and Related Structures
a. Swimming Pools
No swimming pool shall be located closer than ten (10) feet to
any rear property line, or five (5) feet to any easement,
whichever distance is greater.
b. Pool Decks and Patios
No deck or patio constructed in conjunction with any swimming
pool shall be located within an easement or closer than five
(5) feet to any property line.
C. Pool Enclosures
No screen enclosures for swimming pools shall be .located within
an easement or closer than ten (10) feet to the rear property
line.
7. Trellises, Play Equipment, Lights, Outdoor Furniture, etc
Trellises and trellisework, play equipment, wires, lights, outdoor
furniture, mailboxes, ornamental entry columns and gates, and
outdoor equipment are allowed within required yards.
8. Unenclosed Porches, Steps and Paved Terraces
An unroofed porch, steps or paved terrace area may project into the
front yard for a distance not to exceed ten (10) feet.
9. Gasoline Pumps and Islands
Gasoline pumps and pump islands, associated with either a service
station or as an accessory facility, may be located within a front
yard, provided they are located no closer than fifteen (15) feet to
any public right-of-way.
10. Walls and Fences
Fences and walls are allowed within required yards, subject to the
provisions of Section 25(I), Walls and Fences.
11. Utility Buildings
Utility buildings or sheds of one hundred (100) square feet or less
may be located within a required side or rear yard, provided a
minimum of five (5) feet is maintained from the side or rear proper-
ty line and clear of all easements. Only one (1) such utility
building or shed may be allowed to encroach into a required yard on
a single lot or parcel of land.
12. Parking Areas and Driveways
5041
Where off-street parking is required pursuant to §24 of this Zoning
Code, such off-street parking area may encroach into the required
front yard setbacks providing that the encroachment does not extend
into a required landscape buffer along the street frontage pursuant
to the Indian River County Landscape Ordinance.
Parking areas and driveways are allowed to encroach within required
side yards of multi -family residential and nonresidential districts.
On single family zoned lots, driveways must be located a minimum of
five (5) feet from the nearest side lot line at the point of inter-
section with the right-of-way. Driveways accessing rear or side
entry garages of a single family home may come within two (2) feet
of a side lot line.
13. Sidewalks
Sidewalks are allowed to encroach within required yards.
25 C. TEMPORARY USES
1. Authorization
Temporary uses, as provided herein, may be allowed within various
zoning districts upon issuance of a temporary permit.
2. Definitions
For the purposes of this Ordinance, the following definitions shall
apply unless the context otherwise requires.
Temporary Meeting, Recreation or Amusement Facility. A temporary
use such as a carnival, circus, festival, fair, horse or other
animal show, tent meeting, music festival, and similar activities.
Temporary Use. A use established for a fixed period. --of time with
the intent to discontinue such use upon expiration of the time
period.
3. Authorized Temporary Uses by Zoning District
The following temporary uses shall be allowed within the zoning
districts specified upon compliance with all applicable County
regulations and issuance of a temporary permit by the Director of
Planning and Development.
a. Agricultural Districts.
i. Christmas Tree Sales
ii. Model Homes
iii. Temporary Construction Offices
iv. Temporary Meeting, Recreation or Amusement Facilities
V. Temporary Real Estate Offices
vi. Temporary Sale of Fruits and Vegetables
vii. Similar Temporary Uses
b. Residential Districts.
i. Model Homes
ii. Temporary Construction Offices
iii. Temporary Real Estate Offices
iv. Similar Temporary Uses
C. Commercial Districts.
i. Christmas Tree Sales
ii. Temporary Construction Offices
iii. Temporary Meeting, Recreation or Amusement Facilities
iv. Temporary Real Estate Offices
V. Similar Temporary Uses
d. Industrial Districts.
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i
i. Temporary Construction Offices
ii. Temporary Meeting, Recreation or Amusement Facilities
iii. Temporary Real Estate Offices
iv. Similar Temporary Uses
4. General Standards for Permitting Temporary Uses
No temporary use shall be permitted unless the Director of Planning
and Development or his designate determines that the following re-
quirements are met:
a. Nuisance, Hazardous Features
Adjacent uses shall be suitably protected from any nuisance or
hazardous features involved in the use.
b. Traffic and Parkin
The use will not create hazardous vehicular or pedestrian
traffic conditions, or result in traffic in excess of the
capacity of streets serving the use, and any proposed parking
and driveway layouts are determined to be adequate for the use
and have been approved.
C. Public Facilities and Services
Adequate utility, drainage, refuse management, emergency
services and access, and similar necessary facilities and
services will be available for the use, and all necessary
sanitary facilities have been approved by the County Health
Department.
d. Natural Environment
The proposal will not have a substantially adverse impact on
the natural environment.
e. Site Suitability
The site is suitable for the proposed use, considering flood
hazard, drainage, soils, and other conditions which may consti-
tute a danger to life, health, or property.
f. Duration
The time the use is permitted is as short as practicable.
5. Application for Temporary Permit; Fees
Any person desiring to establish a temporary use, as authorized
herein, shall submit an application for a temporary permit to the
Planning and Development Division. The application shall be on a
form provided by the County and shall include all information
required for a complete application. All such applications shall
also be accompanied by a fee, as established by the Board of County
Commissioners. The complete application and fee must be submitted
at least twenty (20) days prior to the proposed commencement date
for the use.
a. Termination
At the end of the time period for which the temporary use was
permitted, including any renewal or extension periods, the use
shall be discontinued, and all temporary structures involved
removed. Failure to comply with this requirement shall be a
violation of this Ordinance.
b. Renewals, Extensions
Requests for the renewal or extension of a temporary use may be
made to the Director of Planning and Development. Such renewal
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6.
or extension may be granted, subject to the standards and
procedures of this Section.
Standards for Specific Temporary Uses
a.
b.
Model Homes
As specified in this section, model homes shall be an au-
thorized temporary dse and may be utilized as such, provided
the following requirements are met:
i. Maximum Permit Period. Temporary permits for model homes
may be issued for a period not to exceed one (1) year.
The Director of Planning and Development may renew said
permit upon application, provided that the model home has
been constructed and operated in accordance with the
standards herein.
ii. Off -Street Parking Requirements. All parking shall be
provided off-street and a minimum of five (5) parking
spaces shall be provided.
iii. Restrictions on Use. The permit holder may not use the
model homF as his or her principal place of business. The
model home shall be used for display purposes only, and
not as a contractor's office, real estate office, or annex
thereof. However, price quotations may be given and
binders may be executed on the premises.
iv. Business Activities. Business activity may be conducted
at the model home only between the hours of 9 a.m. and 6
p.m., seven days per week; and not more than two permanent
employees (in addition to the owner thereof) shall be
authorized to remain in the model during the business day.
Size and Dimension Standards. The model home shall meet
all district requirements for lot and yard dimensions,
open space standards and all other applicable County
regulations.
vi. Signage. All signs shall conform with County sign regu-
lations; however, on -premises model home signs shall not
be illuminated.
vii. Illumination. Model homes may be illuminated, but only
for security purposes and shall not cause a glare or
infringe on neighboring properties or impede traffic.
Temporary Construction Offices, Storage Buildings, Trailers,
and Watchmen s Quarters
Trailers or recreational vehicles which are used temporarily in
connection with construction activities and are used as either
an office or watchman's residence or storage area may be
permitted to locate in any zoning district under a temporary
permit issued by the Director of Planning and Development,
provided the following requirements are met:
i. Maximum Permit Period. Temporary permits may be issued
for temporary trailers for a period of up to one (1) year.
Upon showing of good cause, such permits may be renewed
annually by the Director of Planning and Development. In
no case shall a permit be renewed for a period of time
which extends beyond the termination date of an active
building permit for the project.
ii. Applicability of Permit(s). The temporary permit shall
specifically state the number of trailers permitted and
the use of each such trailer. Additional trailer(s) shall
require the issuance of additional permit(s).
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iii. Limitations in Single Family Zoning Districts. Con-
struction offices and trailers, storage building and
similar temporary construction activities shall not be
authorized temporary uses upon a lot in a platted subdivi-
sion in the RS -1, RS -3 and RS -6 zoning districts, except
when construction is being undertaken with an authorized
land development permit (i.e., for road, water, drainage
or sewer improvements).
On any single family lot, such uses shall not exceed one
hundred (100) square feet and shall not be used for living
purposes.
iv. Limitation on Number of Trailers. In any district, there
shall be permitted a maximum of one (1) office and one (1)
storage trailer per contractor or subcontractor working on
the site.
V. Location. Such uses shall be located within the lot or
subdivision involved in the construction project.
vi. Dust Control, Appearance. All construction areas and all
access roads thereto shall be maintained so as to prevent
dust or debris from blowing or spreading onto adjoining
properties or onto any public right-of-way. Such areas
shall be maintained in a clean and orderly manner, and
building material and construction residue and debris
shall not be permitted to accumulate.
vii. Removal. All buildings, materials, supplies, and debris
shall be completely removed from such areas within thirty
(30) days from the date of completion of the last building
to be constructed or within thirty (30) days from the date
active construction is discontinued, whichever occurs
first, but in no event shall the time exceed the maximum
permit period set forth herein.
viii.Screening in or Adjacent to a Residential District. Where
deemed necessary by the Director of Planning and Develop-
ment, when such construction areas are to be located in or
adjacent to a residential district, appropriate screening
or fencing measures shall be required.
C. Temporary Real Estate Sales Offices
In authorized zoning districts, the developer or his agent may
establish a sales office of not more than seven hundred fifty
(750) square feet gross floor area, in a separate temporary
structure for the purpose of marketing for sale ten (10) or
more lots or units which are contiguous, subject to the follow-
ing conditions and restrictions:
i. Maximum Permit Period; Extensions. The sales office may
not be permitted to be used for such purpose for more than
twelve (12) months from the date of issuance of the
temporary use permit, and thereafter shall be removed or
shall be used in accordance with all regulations of the
district in which it is located. The temporary permit may
be extended one (1) time for a period not to exceed three
(3) months. Sales offices located on the premises after
the expiration of the permit must be located in a perma-
nent structure.
ii. Type of Sales. The sales office shall not be used to
promote or market for sale any lot or unit which is not
part of the common, contiguous project being marketed by
the same developer and agent.
iii. Hours of 0eration; Lighting. Neither the sales office
nor signs s all be illuminated, other than for security
purposes, or used for any business activity after 9:00
-6-
P.M., except as may be allowed in nonresidential zoning
districts.
iv. Required Improvements. All temporary real estate offices
shall e required to provide paved access to the site and
paved off-street parking, pursuant to the requirements of
Section 24. However, stabilized parking may be allowed if
approved administratively by the Director of Planning and
Development. The temporary real estate office shall also
satisfy all applicable landscaping requirements and shall
be served by water and wastewater services.
V. Minor Site Plan Approval Required. Minor site plan
approval, pursuant to Section 23, shall be required prior
to the issuance of a temporary permit. The site plan for
the use shall identify the required paved access and
parking areas, landscaping, water and wastewater service,
and all other improvements required for minor site plan
approval.
25. D HOME OCCUPATIONS
1. Authorizations
Home occupations are permitted in any dwelling unit subject to the
following provisions.
2. Definitions
For the purpose of this Ordinance the following definitions shall
apply unless the context otherwise requires.
Home Occupation. Any occupation or activity carried on within a
residential property, where the activity is conducted only by
members of the family living within the residence, where products
are not offered for sale from the premises, where no evidence of the
occupation is visible or audible from the exterior or the residen-
tial property, where traffic is not generated in excess of that
customary at residences and where no commercial vehicles are kept on
the premises or parked overnight on the premises unless otherwise
permitted by these regulations.
3. Authorized Home Occupations
The following home occupations shall be permitted uses, subject to
the requirements of this section and the respective zoning district.
a. Artists and sculptors.
b. Authors and composers.
C. Dressmakers, seamstresses and tailors.
d. Computer programming.
e. Home crafts, such as model making, rug weaving, lapidary work,
and ceramics.
f. Office facility of a minister, rabbi, priest or other similar
person associated with a religious organization.
g. Office facility of a salesman, sales representative, or man-
ufacturers representative, provided that no retail or wholesale
transactions are made on the premises.
h. Telephone answering services.
i. The renting of not more than one room for rooming or boarding
persons who are not transients.
j. Similar uses which do not involve retail or wholesale sales
transactions on the premises, employment of persons other than
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occupants of the dwelling, any greater assembly, processing, or
fabrication operations.
4. Non -Authorized Home Occupations
The following shall not be interpreted to be permissible home occu-
pations:
a. Automotive repair or paint shops.
b. Barber shops and beauty shops.
C. Child care centers.
d. Dog grooming services.
e. Food service establishments.
f. Funeral chapels, funeral homes.
g. Giftshops.
h. Massage parlors.
i. Nursing homes.
j. Medical or dental laboratories.
k. Outdoor repair.
1. Rental of any equipment or other items.
M. Restaurants.
n. Veterinary hospitals and clinics.
o. Similar uses not strictly in compliance with this section and
the spirit and intent of the Zoning Ordinance and the Indian
River County Comprehensive Plan.
5. Home Occupations Requiring Planning and Zoning Commission Approval
Any proposed home occupation which is neither specifically permitted
by para. 3, nor prohibited by para. 4 shall be considered a use
requiring an administrative permit and either approved, approved
with conditions or denied by the Planning and Zoning Commission,
based on the criteria established herein.
6. Use Limitations
In addition to the regulations applicable in the zoning district in
which located, all home occupations shall be subject to the follow-
ing limitations and requirements.
a. Location
A home occupation shall be conducted within a dwelling which is
the bona fide residence of the principal practitioner or in any
building accessory thereto which is normally associated with a
residential use.
b. Merchandise
No stock in trade shall be displayed or sold on the premises.
C. Exterior Alterations
No alterations to the exterior appearance of the principal
residential building or premises shall be made which changes
the character thereof as a residence.
d. Outdoor Display or Storage
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No outside display of goods or outside storage of equipment or
materials used in the home occupation shall be permitted.
e. Employees
No persons other than a member of the immediate family occupy-
ing such dwelling shall be employed on the premises.
f. Level of Artivit_v
The use of the dwelling unit for the home occupation shall be
clearly incidental and subordinate to its use for residential
purposes by its occupants, and shall under no circumstances
change the residential character thereof.
g. Traffic, Parking
No traffic shall be generated by such home occupation in
greater volumes than would normally be expected in a residen-
tial neighborhood, and any need for parking generated by the
conduct of such home occupation shall be met off the street.
h. Equipment, Processes
No equipment or process shall be used in such home occupation
which creates noise, vibration, glare, fumes, odors, or elec-
trical interference detectable to the normal senses off the
premises. In the case of electrical interference, no equipment
or process shall be used which creates visual or audible inter-
ference in any radio or television receivers off the premises.
Signs
No signs accessory to such home occupation shall be displayed
except as permitted or authorized by applicable- County sign
regulations.
j. Licenses, Permits
A home occupation shall be subject to all applicable County
occupational licenses and permits.
7. Application for Home Occupation Approval; Fees
Any person desiring to establish a home occupation, as authorized
herein, shall submit an application for a home occupation to the
Planning and Development Division. The application shall be on a
form provided by the Planning and Development Division and shall
include all information required for a complete application. All
such applications shall also be accompanied by a fee, as established
by the Board of County Commissioners.
25 E. PARKING OF COMMERCIAL VEHICLES IN RESIDENTIAL AREAS
Definitions
For the purposes of this Ordinance the following definitions shall
apply.
Commercial Vehicle means any motor vehicle which: (1) is designed or
used principally for business, governmental, or non-profit orga-
nizational purposes or for carrying passengers for hire and (2) has
a platform, cabinet, box, rack, compartment, or other facility for
transportation of materials, equipment, and items other than the
personal effects of private passengers.
2. Restrictions on the Parking of Commercial Vehicles in Residential
Areas
No commercial vehicles shall be parked overnight nor for an extended
period (more than ten hours in any calendar month) on any
515
residentially used lot, in the street abutting such lot, or on res-
identially zoned land, not including the A-1 district, except:
a. Commercial vehicles not exceeding three-quarters (3/4) ton
rated capacity used by the resident of the premises, limited to
one (1) per premises and parked off-street in a garage, carport
or driveway. No construction or similar materials shall be
stored or transported on the outside of such vehicles.
b. Commercial vehicles temporarily parked on a lot for the purpose
of providing construction, transportation, or other services
specifically for the location where such vehicles are parked.
c. In no case shall a commercial vehicle which is used for hauling
explosives, gasoline or liquified petroleum products be permit-
ted to be parked for an extended period in a residential area.
25 F. PARKING OR STORAGE OF VEHICLES
1. Parking or Storage of Junk Vehicles
No junk vehicle shall be parked, and no motor vehicle frame, vehicle
body, or vehicle body part shall be stored on residentially zoned or
used property unless expressly permitted by this Ordinance, except
when parked or stored in a completely enclosed garage or building.
In any agricultural district, one (1) such vehicle is permitted in
the rear yard, completely screened from view of neighboring homes
and properties.
2. Parking or Storage of Automobiles
A maximum of three automobiles (not including recreational vehicles)
may be parked in an unenclosed area on a single family zoned lot.
However, one additional vehicle for each licensed driver permanently
residing at the premises may be parked on the lot. .-No automobile
may be parked or stored in any required yard area. The provisions
of this section shall not preclude the parking of automobiles by
persons visiting a single family home.
25 G. ACCESSORY USES AND STRUCTURES
1. Authorization
Accessory uses are permitted in all zoning districts, as provided
below.
2. Definitions
For the purposes of this Ordinance the following definitions shall
apply unless the context otherwise requires.
Accessory Use means a use or structure which:
a. Is clearly incidental to, customarily found in association
with, and serves a principal use;
b. Is subordinate in purpose, area, and extent to the principal
use served; and
C. Is located on the same lot as the principal use, or on an
adjoining lot in the same ownership as that of the principal
use.
3. Use Limitations
a. No accessory structure shall be built prior to the construction
of the principal use.
b. No accessory structure shall be occupied or utilized unless the
principal structure to which it is accessory is occupied or
utilized.
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C . All accessory uses and structures shall comply with the use
limitations applicable in the zoning district in which located.
d. All accessory uses and structures shall comply with the maximum
height regulations applicable in the zoning district in which
they are located, except as may be qualified by Section 25(A).
4. Location Regulations
a. Attachment to Principal Building
If an accessory -type building shares a structural wall with a
principal building, it shall be deemed to be a part of the
principal building and shall comply in all respects with the
requirements of this Ordinance applicable to a principal build-
ing.
b. Parking and Loading
Off-street parking 'and loading spaces shall be located in
accordance with the provisions of Section 24.
c. Signs
Signs shall be located in accordance with the provisions of
applicable sign regulations.
d. Corner Visibility
No accessory structure or use may be located in any required
corner visibility triangle as established in Section 25(M).
25 H. ABOVE GROUND STORAGE OF GASOLINE AND OTHER COMBUSTIBLE FLUIDS
Where an above ground storage of gasoline, petroleum oils or other
flammable fluids are permitted, then any such facility for storage having
a capacity in excess of five hundred (500) gallons shall be in compliance
with the National Fire Protection Association requirements.
25 I. WALLS AND FENCES
1. Generally
Fences and walls shall not be constructed on or over any dedicated
public drainage or utility easements or public rights-of-way, except
in agricultural districts where such walls and fences may be au-
thorized upon written consent of the public authority.
2. Height of Walls and Fences
a. Front Yard
Fences not exceeding forty-two (42) inches in height may be
erected in the front yard of any lot.
b. Side Yard
Fences not exceeding six (6) feet in height may be erected in
the side yard of any lot provided they do not extend beyond the
front setback line.
C. Rear Yard
Fences not exceeding six (6) feet in height may be erected in
the rear yard of any lot within a zoning district, provided
that no fence shall be erected in a utility easement.
3. Prohibited Walls and Fences; Residential Districts
No barbed wire, electrical elements, or other hazardous materials
shall be maintained as a fence or part of a fence or wall in a res-
idential district.
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4. Agricultural and Temporary Construction Fences
All fences in agricultural districts and temporary fences used at a
construction site for the purpose of security shall be exempt from
the height provisions of this section, provided corner visibility is
maintained.
5. Increased Height of Walls and Fences
Administrative Approval
Higher fences and walls than listed above and all barbed wire
fences shall require prior administrative approval by the Plan-
ning and Development Director. Before administrative approval
may be issued, the Planning and Development Director must first
determine that the structure will be visually compatible in the
area in which it is to be located and that the additional
security provided by such fence is reasonably necessary given
the location or use of the property. A determination as to
visual compatibility shall be based upon the number, proximity,
height and design of other fences or walls in the area. If
mandatory approval by an architectural control or review board
having authority in the neighborhood or subdivision is
required, then such recommendation shall be received prior to a
determination by the Planning and Development Director under
this provision, and any such architectural review board deci-
sion shall be given substantial weight in the county's review
process.
b. Application and Fee
The applicant shall submit an application and fee for adminis-
trative approval. The application shall be issued by the
Department of Planning and Development and the fee will be
established by resolution of the County Commission.
C. Appeals of Decision
If an applicant disagrees with a determination made by the
Planning and Development Director under these provisions,
review shall be available to the applicant by way of written
appeal to the Planning and Zoning Commission.
6. Use of Easements; Removal Agreement
a. Administrative Approval
No fence or wall shall be built in a utility or drainage
easement without prior administrative approval from the Plan-
ning and Development Division. The division shall contact all
present or intended users of an easement within which a fence
approval has been requested with respect to the application for
comment thereon prior to a determination on the approval
request.
Application and Fee
Request for administrative approval shall require the applicant
to submit an application and fee to the Department of Planning
and Development. The application shall be issued by the
Department of Planning and Development and the fee will be
established by the County Commission.
C. Removal Agreement
No fence or wall shall be approved for construction in a
drainage or utility easement unless the owner of the underlying
fee property shall first execute a removal agreement to be
recorded among the public records, providing for preservation
of the use of the easement. The removal agreement shall be in
the nature of a covenant running with the land in favor of the
parties to whom the easements have been dedicated. The
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covenant shall bind the owner and all successors to bear the
expense of any removal or relocation of the fence or wall if
determined necessary to make use of the easement, and shall
hold harmless the County or any other entity removing the fence
or wall, pursuant to terms of the agreement, in order to make
lawful use of the easement. The cost of recording the covenant
shall be borne by the applicant.
25 J. NONCONFORMITIES
1. Purpose and Intent
It is the purpose and intent of this Section to permit the continua-
tion of those lots, structures, uses, characteristics of use or
combinations thereof which were lawful before the passage of this
ordinance, but which would be prohibited, regulated, or restricted
under the terms of this ordinance or future amendments. It is the
further purpose and intent of this section to allow nonconforming
lots, structures, uses, and characteristics of uses and combinations
thereof to continue subject to specific conditions or limitations.
2. Definitions
For the purposes of the zoning ordinance, the following definition
shall apply unless the context otherwise requires.
A nonconformity shall be defined as a lot, structure, use of land,
or any combination thereof, which was lawful prior to the passage of
this ordinance or any amendment thereto, but which would be prohib-
ited or further restricted under the terms of this ordinance or any
amendment thereto.
Nonconformity, Site -Related shall be defined as a characteristic of
the site, such as off-street parking or loading, lighting, landscap-
ing, drainage or similar matters which are incidental -to the.princi-
pal use of the property but which do not satisfy current County
standards, as established in these zoning regulations.
3. Continuation of Nonconformities
Nonconformities may be continued so long as they remain otherwise
lawful, subject to the remaining provisions of this section.
4. Expansion or Change of Nonconformities
a. Generally
No nonconformity shall be enlarged or changed to a different
nonconformity, except upon a determination by the Director of
Planning and Development that the change results in a lessening
of the degree of nonconformity.
b. Additions to Nonconforming Structures
Additions to nonconforming structures containing conforming
uses, shall be permitted if the additions to the structures
comply fully with setback and other applicable site -related
regulations.
C. Additions to Establishments With Site Related Nonconformities.
Additions to structures on a nonconforming site, which are
below the threshold of a major site plan, may be permitted
provided that such addition is in conformance with all applica-
ble laws and ordinances of the County and does not create a
nonconforming use or structure or increases the existing site
related nonconformity. Any addition exceeding the threshold
for minor site plans shall require all site related nonconfor-
mities to be terminated and brought in compliance with all
applicable ordinances of the County.
5. Repair or Alteration of Nonconformities
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Repairs, maintenance and improvements of nonconformities may be
carried out, provided that such work does not increase the cubic
content of the building or the floor or ground area devoted to the
nonconforming use or in any way increases or creates a site -related
nonconformity. The preceding requirement does not prevent compli-
ance with applicable laws or requirements relative to the safety and
sanitation of a building occupied by a nonconforming use.
6. Reconstruction of Nonconformities After Catastrophe
If any nonconforming structure or use or an establishment containing
a site related nonconformity is .damaged by fire, flood, explosion,
collapse, wind or other catastrophe to such an extent that the cost
of repair or reconstruction will exceed fifty (50) per cent of the
building's value as shown on the tax assessment roll at the time of
the damage, the nonconformity shall be deemed terminated. No repair
or reconstruction may occur except when such repair or recon-
struction results in the conversion of the previous nonconformity to
a conforming structure and/or use or site. In the event that damage
to a nonconformity may be repaired by an investment of less than
fifty (50) per cent of the appraised value of the nonconformity as
shown on the tax assessment roll at the time of the damage, such
repair shall be permitted and the nonconformity may continue.
7. Cessation of Nonconformities
If, for any reason, a nonconforming use of land, a nonconforming
structure or an establishment having a site related nonconformity
ceases operation for a continuous period of ninety (90) days or
more, or a nonconforming structure is removed for a continuous
period of ninety (90) days or more, all nonconformities shall be
considered terminated and shall not thereafter be reestablished.
25 K. MINIMUM BUILDABLE WIDTH
Side yard requirements notwithstanding, all existing lots of record shall
be permitted to have side yards reduced in order to allow a minimum
buildable width of thirty (30) feet. The thirty (30) foot width shall be
located so that the buildable area is centered in relation to the width
of the lot, and that side yards of equal width are maintained.
25 L. SETBACK REQUIREMENTS
Street and Road Setbacks
In the event of the recording of any proposed street or road in the
office of the Clerk of the Circuit Court of Indian River County, or
in the event of the designation or establishment by the Board of
County Commissioners of any proposed public street or road, the same
shall thereupon immediately be used as the reference point for the
purpose of determining setbacks for new construction under the terms
of this Ordinance. This provision shall not prevent the recon-
struction of a full or partially damaged or destroyed legally
nonconforming structure so long as the rebuilt structure is consis-
tent with the County's Building code.
Required Setbacks From Waterbodies
All residential properties which abut the intracoastal waterway,
Indian River or other natural water bodies shall provide for a
minimum rear yard setback of twenty-five (25) feet _between all
structures and the waterbody. Exceptions to this provision may be
made, as provided in Section 25 B of this ordinance.
3. S.R. 60 Front Setback Requirement
All developments abutting S.R. 60 shall have a minimum front setback
of seventy-five (75) feet.
25 M. REQUIRED CORNER VISIBILITY
Location
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On every corner lot, the triangle formed by the street lines of such
lot and a line drawn between points on such street lines which are
thirty (30) feet from the intersection thereof shall be clear of any
structure or planting of such nature and dimension as to obstruct
lateral vision; provided that this requirement shall generally not
apply to trunk of a tree, (but not branches or foliage), or aost,
column or similar structure which is no greater than one (J foot
in cross section or diameter. In addition, when applicable, all
sight distance requirements of the Indian River County Landscape
Ordinance shall also be maintained.
2. Vertical Clearance
Such lateral vision shall be maintained between a height of thirty
(30) inches and ten (10) feet above the average elevation of the
existing surface of the both streets measured along the center lines
adjacent to the visibility triangle.
25 N. MOVING OF STRUCTURES
No structure larger than one hundred and fifty (150) square feet or a
building which is to be used as a family dwelling, shall be moved into
the County or from one lot or parcel to another within the County unless
such building or structure is made to conform to all of the requirements
of the Southern Standard Building Code in effect in this County at the
time of the moving and the requirements of the zoning district in which
the building or structure is to be placed.
1. Performance Bond
Any person applying for a permit to move a building or structure,
must post a bond or other security acceptable to the County Attorney
in an amount equal to one hundred fifteen (115%) percent of the cost
of improvements required to bring the building or structure into
compliance with applicable County regulations. Such bond or.securi-
ty must be deposited with the Clerk of the Board of County Commis-
sioners, payable to the order of the Board of County Commissioners
of Indian River County, Florida.
The purpose of the bond or other security is to guarantee compliance
in full within one year with the applicable requirements of the
Southern Standard Building Code and of these Zoning Ordinance and to
restore any public or private property damaged while the building or
structure is being moved. Failure to fully comply within one year
as above stated, will result in forfeiture of the bond to the Board
of County Commissioners of Indian River County, Florida.
2. Requisite Drawings and Specifications
All applicants for a permit to move an existing structure, as above
stated, are required to furnish the Director of Planning and Devel-
opment three sets of drawings, said drawings to be prepared and
sealed by an architect or engineer registered in the State of
Florida certifying that the structure meets all requirements as
above outlined, or three sets of drawings to be prepared and sealed
by an architect or engineer registered in the State of Florida
showing the proposed changes to the building or structure after it
has been moved, that will bring it within all applicable require-
ments of the Southern Standard Building Code or the Zoning Ordi-
nance. If drawings of the structure or building to be moved showing
compliance as above stated are on record with the county already,
the above requirement for drawings is waived.
3. Site Plan Required
A site plan meeting all requirements of Section 23 shall be required
for the moving of any structure to a lot in a nonresidential zoning
district.
25 0 SIGNS.
1. Special Definitions.
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a. Professional. Professional identifications sign.
b. Sale. A sign pertaining to only the rent, lease or sale of the
premises upon which it is displayed.
C. Bulletin. A sign or bulletin board located on the premises of
a church, institution, club or fraternal organization for the
purpose of displaying the name of the church, institution, club or
organization and the activities or program of the same.
d. Directional. Directional or information signs of a public
nature which states the name or location of an incorporated or
unincorporated community; name and place of meeting of a Chamber of
Commerce, church or civic club such as Rotary, Civilian or Kiwanis
Club.
e. Business. An attached, free-standing or structural sign
pertaining to the advertising, announcing or describing of the
principal use or uses of the premises upon which it is displayed.
f. Outdoor. An unattached, free-standing or structural poster
panel or painted sign for the purpose of conveying some information,
knowledge or idea to the public.
g. Billboards. An unattached, free-standing sign for the purpose
Of conveying some information, knowledge or idea to the public.
2. On -Site Signs.
a. On -Site Signs, Generally. Each business use on the site shall
Fe limited to one of each of the following signs not to exceed
the size stated.
b. Maximum sizes.
i. Professional: 12 square feet.
ii. Sale: 12 square feet.
iii. Bulletin: 12 square feet.
iv. Directional: 8 square feet.
V, Business: 150 square feet.
vi. Outdoor: 12 square feet.
vii. Billboards: 504 square feet, except on Interstate 95,
where signs shall not exceed 672 square feet.
3. Off -Site and On -Site Signs.
a. Maximum heights. (Measured from the crown of road to the top
of the sign). No sign shall exceed the height limitations
stated in the ordinance for the district in which the sign is
located, except that on-site signs for motels, hotels, service
stations and othEw businesses on Interstate 95 shall not exceed
50 feet in height. the advertising portion of any sign exceed-
ing 35 feet in height shall be no longer than 200 square feet.
4. Off -Site Signs.
a. The maximum size of each off-site sign shall not exceed the
sizes stated in paragraph "2.b.".
b. No off-site sign shall be so located or placed so as to face a
lot on the same street occupied by a church, public school,
public park, public playground, public beach, civic or scenic
area or a cemetery, nor nearer to such uses than 200 feet along
a common right-of-way line.
C. No off-site sign shall be so located as to encroach on any
public way, sidewalk or street or be located in any required
yard or setback area or be so located that any part of such
sign extends nearer to a street line than any building on
contiguous property where such building is located with 100
feet of such sign.
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`; `
d. No off-site sign shall be so located closer than 25.3 feet to
the intersection of any two street lines nor nearer than 50
feet to any residential zone measured along a common
right-of-way.
e. No off-site sign shall be nearer to another than 660 feet along
the same side of a common right-of-way, except on Interstate
95, where signs shall be 1,000 feet apart. Two off-site signs
may be grcunded back to back or in a single "V" having an
included angle not greater than 25.3 degrees.
f. No billboard signs shall be located on any road, street or
highway that has not been designated by the Florida Department
of Transportation as Interstate, Primary or Secondary Road.
5. Districts. Signs are permitted uses in Zoning Districts in accor-
dance with the following schedule:
a. Agricultural Districts (A-1).
i. Professional.
ii. Sale.
iii. Bulletin.
iv. Directional.
V. Business.
vi. Outdoor.
vii. Billboards.
b. Rural Transition Area Districts (RR and RS -1).
i. Sale.
ii. Bulletin.
iii. Directional.
iv. Business (on-site only).
C. Residential Districts.
i. Single Family Districts (RS -3 and RS -6).
-- Sale.
-- Bulletin.
-- Directional.
-- Business (on-site only).
ii. Two -Family Districts (RT -6).
-- Professional.
-- Sale.
-- Bulletin.
-- Directional.
-- Business (on-site only).
iii. Multiple_ Family Districts (RM -3, RM -4, RM -6, RM -8, RM -10
and RM -14).
-- Professional.
-- Sale.
-- Bulletin.
-- Directional.
-- Business (on-site only).
iv. Mobile Home Districts (RMH-6 and RMH-8).
-- Sale.
-- Bulletin.
-- Directional.
-- Business (on-site only).
d. Commercial Districts.
i. Planned Business District (B-1).
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-- Professional.
-- Sale.
-- Bulletin.
-- Directional.
-- Business.
ii. Restricted Commercial District (C -1A
-- Professional.
-- Sale.
-- Bulletin.
-- Directional.
-- Business.
-- Outdoor.
iii. General Commercial District (C -G) and Medical
District (MED).
-- Professional.
-- Sale.
-- Bulletin.
-- Directional.
-- Business.
-- Outdoor.
iv. Heavy Commercial District (C-2
-- Professional.
-- Sale.
-- Bulletin.
-- Directional.
-- Business.
-- Outdoor.
V. Commercial Recreational Vehicle Park District (CRVP
-- Sale.
-- Bulletin.
-- Directional.
-- Business.
e. Office Districts.
(Reserved)
f. Industrial Districts.
i. LM -1: Light Manufacturing District.
-- Professional.
-- Sale.
-- Bulletin.
-- Directional.
-- Business.
-- Outdoor.
-- Billboards.
ii. M-1: Restricted Industrial District.
-- Professional.
-- Sale.
-- Bulletin.
-- Directional.
-- Business.
-- Outdoor.
-- Billboards.
g. Marine Park Districts.
i. MP: Marine Park.
(Reserved)
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h. Special Purpose Overlay Districts.
(Reserved)
6. Political signs, political advertising and billboards. No political
signs, political advertising and billboards shall be placed on
property owned or used by Indian River County or by any other
governmental agency in the unincorporated areas of Indian River
County.
7. Obscene indecent, lewd or immoral si ns rohibited. No obscene,
lewd, indecent, immoral, lascivious or i idinous signs shall be
erected for any purpose within the unincorporated areas of Indian
River county.
8.1 trip
lighting. Strip lighting is prohibited in all zoning
tricts except "A-1", "C -IA", C-1", "LM -1" and "M-111. When permit-
ted, strip lighting is limited to a total footage equivalent to the
length or width of the building along the street footage. the size
of tubing may not exceed 15 millimeters and transformers may not
exceed 25.3 milliamperes. Neon strip lighting and/or streamer
lighting are prohibited above the roof level of any building.
9. Permits. No sign shall be erected in Indian River county without
first obtaining a zoning permit from the County Administrator's
office.
25 P. SEPTIC TANKS AND DRAINAGE FIELDS
Whenever a lot is not served by an approved sanitary sewer, there must be
provided such open space as required by the County Board of Health for a
septic tank and drainage field to serve the uses erected on such lot.
Such sanitary installations may be located in a front, side or rear yard,
but not closer than five (5) feet to any lot line. In addition, when
central water and/or sewer is made available, hook-up to_ such. systems
shall be mandatory.
25 Q. UNENCLOSED STORAGE OF RECREATIONAL VEHICLES, TRAILERS AND BOATS
I. Special Definitions
For the purposes of this Section, the following definitions shall
apply unless the context otherwise requires.
a. Recreational vehicles shall include camping trailers, truck
campers, motor homes, self-propelled van campers, travel
trailers and other recreational vehicle mobile structures
intended to provide temporary living quarters for recreational
uses; provided, however, that van type vehicles with an overall
length of less than nineteen (19) feet and pickup trucks not
exceeding three-quarter (3/4) tons rate load shall not be
considered recreational vehicles within the limits of this
definition.
b. A boat shall be defined as a vehicle designed for operation as
a watercraft propelled by oars, sails or one or more internal
combustion engine(s). A boat shall not be considered as a
recreational vehicle even though it has facilities for tempo-
rary living quarters.
C. Any recreational vehicle not in normal daily usage for trans-
portation of the occupants of the residence, shall be con-
sidered as "stored" for purposes of this Ordinance.
Unenclosed storage shall be defined as the temporary placement
of recreational vehicles, boats, trailers and similar recre-
ational vehicles, boats, trailers and similar recreational
equipment in an open area or accessory structure without walls.
For the purposes of this section, recreational vehicles and
similar equipment stored in accessory garages or attached
carports shall be considered to be in enclosed areas and shall
not be subject to the restrictions in para. 2, herein.
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2. Unenclosed Storage of trailers, cabers and boats; Restrictions in
ResidentialZoning Districts.
Recreational vehicles and boats may be stored on any lot. However,
any trailers, campers or boats as herein defined which are stored in
unenclosed areas in any single-family or two-family lot in any res-
idential zoning district shall meet the following standards:
a. Ownership of Recreational Vehicles and Boats; Authorized
Storage
Such storage shall be limited to vehicles owned by the occu-
pant(s) of the residence or the house guests of the occu-
pant(s).
b. Limitation on Number of Recreational Vehicles
Not more than one (1) recreational vehicle per dwelling unit
may be stored in an unenclosed area upon each site, except that
one (1) additional recreational vehicle per dwelling unit may
be parked on the property for a period not in excess of two (2)
weeks in any continuous time period or six (6) weeks in any
one-year period.
C. Limitation on Number of Boats
In addition, not more than one (1) boat per dwelling unit shall
be stored in an unenclosed area upon each site except that one
(1) additional boat per dwelling may be parked on the property
for a period not in excess of two (2) weeks in any continuous
time period or six (6) weeks in any one-year period;
d. Location of Unenclosed Storage Areas
Such storage shall not be located in any required.-front.or side
yard, or any easement.
e. Licensing
Recreational vehicles and boat trailers shall have a valid
motor vehicle license at all times.
f. Use Limitations
Recreational vehicles and boats shall not be used for office or
commercial purposes, nor for sleeping, housekeeping or living
quarters while so stored.
g. No Public Facilities Hook -Ups
No service facilities, such as water, sanitary, or electrical
connections shall be attached except a temporary electrical
extension connected to the vehicle for battery charging or to
facilitate repair is permitted.
h. Limitation on Length of Recreational Vehicles; Variances.
No recreational vehicle so stored shall be in excess of thir-
ty-two (32) feet in length provided that in the event of undue
hardship, petitions may be filed for a variance to this Ordi-
nance as to the length requirements of this Ordinance to the
Indian River County Board of Zoning Adjustment. The Board of
Zoning Adjustment, in its consideration of any such appeal, may
consider the size of the vehicle, the lot size in question and
the availability of adequate safeguards to protect the neigh-
borhood.
3. Storage of Recreational Vehicles and Boats in Multi -Family Residen-
tial Areas_
In any apartment, condominium or other multi -family use, recre-
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7
ational vehicle and boat storage may be permitted in a portion of a
parking lot which is specifically designated for recreational vehicle
and/or boat parking, however, screening measures may also be required as
a condition of site plan approval. All multi -family developments having
fifty (50) or more dwelling units shall provide one (1) screened space
for the storage of recreational vehicles for each ten (10) dwelling
units.
25 R. ******RESERVED******
25 S. ******RESERVED******
25 T. ACCESS RESTRICTIONS ON SINGLE FAMILY LOTS
On single-family lots having frontage on more than one roadway, access
shall be limited to the roadway with the lower functional classification.
25 U. SATELLITE DISH ANTENNAS
Definition.
A satellite dish antenna shall be defined as an antenna with a
low -noise amplifier, the purpose of which is to receive communica-
tion or other signals from orbitting satellites.
2. Location Restrictions.
No satellite dish shall be located between any building and any
front or side property line. All antennas shall have a setback from
the rear lot lines equal to or greater than the height of the
proposed dish antenna. In addition, only one such antenna shall
exist at any one time on any residentially zoned lot.
3. Screening From Residential Districts.
All dish antennas located within a residential district or which
abut a residential district shall provide for Type "A" screening
(Sec. 23.3(G)(7)), in order to shield the antenna from the view of
surrounding properties. The screening materials shall be located so
as to shield the proposed antenna from the ground level view of
surrounding properties. The location and specification of all
screening materials shall be- approved by the Director of Planning
and Development.
25 V. ESSENTIAL SERVICES
Essential services, as defined in this Zoning Ordinance, shall be allowed
in any zoning district, as authorized and regulated by law and resolu-
tions of Indian River County, subject to the applicable zoning district
regulations and upon site plan approval.
25 W. PIERS, DOCKS, AND BOATSLIPS
Definitions
For the purposes of this section, the following definition shall
apply:
Regular Mooring of Watercraft
Moored in the same general area at least eight (8) hours a day for
ten (10) days in one (1) month.
2. Restrictions Upon Regularly Moored Watercraft; Maintenance
Watercraft shall not be regularly moored along any shore without the
consent of the riparian land owner. Regularly moored watercraft
shall not be used as dwellings, offices or commercial enterprises
except in marinas, unless a permit to so moor and use the watercraft
for that purpose has been granted by the Indian River County Plan-
ning and Zoning Commission. Regularly moored watercraft shall be
kept in seaworthy condition when not in a permitted repair area.
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Location of Boatslips
Boatslips shall be permitted only as a wet storage area adjacent to
a dock, marina, boat livery, or boat yard. Boat slips shall not be
located within a side lot line extended waterward from the adjacent
upland and no portion of a watercraft moored at such boatslip shall
project into the extended side setback line.
4. Projection of Waterfront Structures
Unwalled Boat Shelters
Unwalled boat shelters may be erected over boatslips, however,
no part of such shelter may be erected beyond the shoreline or
have a height in excess of fifteen (15) feet.
b. Extension of Docks and Piers into Waterways, Generali
Docks and piers, including mooring piles, and other appurte-
nances, shall not project outward from shore more than ten (10)
percent of the width of the waterway at a point where they are
located, except that docks up to eight (8) feet in width may be
installed regardless of waterway width. The outward projection
of a dock shall be measured from the water's edge at mean low
tide. The location, dimensions, and structural character of
all structures extending from the shoreline shall be in confor-
mity with applicable regulations of the State of Florida.
C. Tie -off Piles
Tie -off piles may be installed when they are located no closer
than one hundred twenty-five (125) feet to the center of a
canal or navigation channel. Notwithstanding, all such struc-
tures placed within the Indian River Aquatic Preserve shall
comply with applicable regulations of the State of Florida.
5. Side Lot Line Encroachment Prohibited
No dock, boat shelter ,,r other waterfront structure may encroach on
a side lot line, extended.
25 X. COASTAL MANAGEMENT AND SHORELINE PROTECTION.
1. Establishment of Coastal Line Setback.
The Coastal Construction Control Line, as established in "Beach and
Shore Preservation", Chapter 161, Florida Statutes is adopted by
reference. No building or man-made structure, except dune cross-
overs or other similar minor structures as defined by the Florida
Department of Natural Resources shall be located seaward of the
Coastal Construction Control Line, as provided therein.
2. Dune and Vegetative Disturbance Prohibited.
Except as provided for herein, disturbance of the natural dune or
vegetation seaward of the construction setback line is prohibited.
Any construction, excavation, removal of beach material, damage of
vegetation or sand due seaward of the construction setback line,
except as allowed herein, shall be considered a violation of this
Ordinance.
Nothing in this section shall be construed to prohibit the unde-
rtaking of coastal erosion control projects seaward of the coastal
construction control line, when approved by the Bureau of Beaches
and Shores of the Department of Natural Resources of the State of
Florida, and when the applicant can demonstrate to the County that
the project is in the public interest or is necessary to protect
contiguous real property improvements; provided that any such
coastal erosion control project which includes beach sand renourish-
ment shall also include a program of dune system restoration as a
1phoz
component of the project. Such restoration program shall include
both dune revegetation, using native and salt tolerant plant materi-
al, and reestablishment of the dune profile.
3. Protection of Beach and Dune System.
All development along the shoreline shall comply with the following
provisions:
a. Beach Access. Any development along the shoreline shall
include a point of beach access served by an elevated dune
walkover structure. Single family homes shall be exempt from
this provision. Single family subdivisions containing lots off
as well as on the shoreline shall provide an easement for beach
access served by an elevated dune walkover.
b. Stability of the Primary Dune/Beach System. No construction
that threatens the stability of the primary beach and dune
system shall be permitted.
C. Shoreline Protection. No rigid shore protection structures
shall be permitted except when used as part of a Comprehensive
Plan for beach restoration and when nonstructural alternatives
are not acceptable.
d. Prohibition of Motorized Vehicles. Operation of motorized
vehicles on the primary dune and beach system shall be prohib-
ited except in cases of emergency or as approved by the Florida
Department of Natural Resources.
e. Regulation of Beach Cleaning Activities. Beach cleaning
activities shall have their method of operations and equipment
approved by the Florida Department of Natural Resources.
f. Protection of Sea Turtles. All shoreline development shall
provide a site plan and building plan demonstrating methods for
protecting sea turtles during nesting season, including shield-
ing of light sources in order to avoid disturbing movement of
sea turtles during said season.
4. Roadways.
No roadway shall be allowed to cross the area within the construct-
ion setback, except at specific locations, to be designated by
resolution of the Board of County Commissioners.
5. Parking Prohibited.
Parking of automobile, boats, trailers, motor homes, recreation and
like vehicles is prohibited within the setback area.
6. Regulations During Construction.
During construction, a chain or rope barrier running parallel to the
coastal construction setback line shall be maintained no closer to
the ocean than fifteen (15') feet eastward of the coastal con-
struction setback line which shall prevent workers and their equip-
ment and materials from endangering the dune and its vegetation.
All proposed construction activity within the established leeway
zone shall be approved and conducted in compliance with the Indian
River County Tree Protection Ordinance.
7. Operations of Motor Vehicle.
It shall be unlawful for any person to operate, drive, or propel any
automobile, motorcycle, dune buggy or motor vehicle upon, or within
the dune setback area, including the area in front of the main dune
eastward to the natural vegetation line, except at specific access
routes as provided in para. "3." above.
8. Emergency Provision.
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During periods of emergency, such as hurricanes or severe storms, in
order to protect life or property, provisions of this ordinance may
be temporarily suspended by petition to, and approval of, the Board
of County Commissioners.
25 Y. EXCAVATION OF CANALS AND WATERWAYS.
1. Limitations.
The excavation of navigable canals or waterways from submerged lands
in Class II waters, aquatic preserves or the boundaries of the
Pelican Island National Wildlife Refuge is prohibited. The exca-
vation of any canal or waterway shall not be for the purpose of
obtaining fill. Maintenance dredging shall only be permitted in
compliance with all applicable regulations of the State of Florida
and the Army Corps of Engineers, as well as the receipt of all
requisite permits.
2. Minimum Width and Depth; Environmental Protection.
When permitted, canals and waterways shall be the minimum width
necessary to accomplish the purpose for which they are constructed.
An applicant desiring to construct a canal or waterway must affirma-
tively show a design that will prevent stagnation and eutrophication
of the system, provide sufficient flushing and maintain the ambient
water quality.
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SECTION 2
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 appropriate
word, and the sections of this ordinance may be renumbered, reserved or relet-
tered to accomplish such intentions.
SECTION 3
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 4
EFFECTIVE DATE
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.
Approved and adopted by the Board of County Commissioners of Indian River
County, Florida, on this 15th day of May 1985.
Indian River County
Ordinance No. 85-44
ssioners
A¢pfmY-ed 05 f4 1wilu
Acknowledgment by the Department of State of the State an. leyalsufficiency
of Florida this 31st day of May 1985.
QY
Effective Date: Acknowledgment from the Department of NrV11,Grondenburd
State received on this 6th day of Tune Cg4n1ti' AV,wneY
1985, at 11:00 A.M./P.M. and filed in the Office
of the Clerk of theToard of County Commissioners of
Indian River County, Florida.
APPROVE��9,KS TO �J1 AND
LEGAL/SUFFI NRS
By.
Y ATTORNEY
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