HomeMy WebLinkAbout1983-11ORDINANCE NO. 03- 11
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA, AMENDING
APPENDIX A TO THE CODE OF LAWS AND ORDINANCES, ALSO
KNOWN AS THE ZONING CODE; ESTABLISHING CHILD CARE
FACILITIES AS A SPECIAL EXCEPTION USE IN THE
AGRICULTURAL DISTRICT; PROVIDING DEFINITIONS,
DESIGN CRITERIA, PARKING REQUIREMENTS; CODIFICATION;
SEVERABILITY; AND EFFECTIVE DATE.
WHEREAS, the Indian River County Zoning Code does not
presently allow the establishment or operation of a child care
facility within the agriculturally zoned district; and
WHEREAS, a need has been demonstrated for permitting
such facilities, provided measures are taken to eliminate possible
conflicts with other existing or potential agricultural uses.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that:
SECTION 1
Section 2 of the Zoning Code, Definitions, "Child
nursery or child care facility:" Any child care center or child
care arrangement which provides child care for more than five (5)
children unrelated to the operator and which receives a payment,
fee, or grant for any of the children receiving care, wherever
operated, and whether or not operated for profit; however, not
including public schools and non-public schools which are in
compliance with the compulsory school attendance law, Chapter 232
of Florida Statutes, summer day camps, or bible schools normally
conducted during vacation periods. As used in this definition,
child care shall mean the care, protection and supervision of a
child for a period of less than twenty-four (24) hours a day on a
regular basis which supplements for the child, in accordance with
his individual needs, daily care, enrichment opportunities, and
health supervision and for which a payment, fee, or grant is made
for care.
SECTION 2
Section 4 (C) (9) is hereby created to read as follows:
4 (C) SPECIAL EXCEPTIONS. The following uses may be
permitted by the County Zoning Commission after site plan approval
according to Section 23.
sC
U
(9) Child nurseries or child care facilities as a
primary use or as an accessory use to a single family residence,
school, church, charitable, or governmental organization or park,
but only when the following site plan design conditions and
requirements are satisfied, in addition to any other requirement
or condition of the County's ordinances:
1. Any outdoor activity or playground area shall be
considered a structure for the purpose of measurement of required
setbacks and, therefore, shall be located completely exclusive of
any required yard area.
2. The outdoor activity or playground area shall be
enclosed with a fence not less than four (41) feet in height,
unless a higher fence is otherwise required by law, in which case
the latter criteria shall govern.
3. Prior to issuance of a Certificate of Occupancy
for a proposed facility, applicant must submit to the Zoning
Department written verification from the local County health unit
that the facility has been inspected and is recommended by the
health unit for licensing by the Department of Health and
Rehabilitative Services.
SECTION 3
Section 24 (19) is hereby created to read as follows:
Section 24. Off -Street Parking and Loading
Regulations.
(19) in a childcare facility or child nursery there
shall be a minimum of one and one-half spaces per staff person
required for the licensed capacity of the facility pursuant to
local or state licensing agency staff ratio requirements.
SECTION 4
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 or relettered to accomplish such intentions.
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SECTION 5
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 holdings shall
not affect the remaining portions hereof and it shall be construed
to have been the legislative intent to pass this ordinance without
such unconstitutional, invalid or inoperative part.
SECTION 6
EFFECTIVE DATE. The provisions of this ordinance shall
become effective upon receipt from the Florida Secretary of State
of official acknowledgment 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 16th day of
February , 1983.
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY
ByG/.
R CHARD N. BIRD
Chairman
Acknowledgment by th�, Department of State of the State of Florida
this 154k day of �l,/ywa�u 1983.
Effective Date: Acknowledgment from the Department of State
received on this II& day of , 1983, at /,0:66
A.M.Y,P-Mt and filed in the Office of the Clerk of the Board of
County Commissioners of Indian River County, Florida.
CHRISTOPHM J. PAULL
Assi Cant County Attorney
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STATE OF FLORIDA
INDIAN RIVER COUNTY
THIS IS TC CERTIFY THAT THIS IS
A TRUE A' --D CORRECT COPY OF
YHE •GRICII:P.l C"d FILE IN THIS
OFFICE.
F-REDA VJRIGHT, CLERK
By
PKFE