HomeMy WebLinkAbout1989-08SmeadSoft Reprint Date: Monday, August 12, 2013 -
j..
1/6/89
PNOT
LR -Planning
RL/vj
ORDINANCE NO. 89-8
AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING
SECTION 2 DEFINITIONSi---SECTION-2 5.l. REGULATIONS FOR
SPECIFIC LAND USES, AND SECTIONS 5(A), 6, 10(A), AND 11(A)
RESIDENTIAL DISTRICTS OF APPENDIX A OF THE CODE OF LAWS AND
ORDINANCES OF INDIAN RIVER COUNTY, FLORIDA, KNOWN AS THE
ZONING CODE, PROVIDING FOR PUBLIC/PRIVATE DOCKS IN
RESIDENTIAL ZONING DISTRICTS AND DEFINING SAME; PROVIDING
FOR SPECIFIC CRITERIA FOR ESTABLISHING SUCH USE; AND
PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS;
CODIFICATION; SEVERABILITY; AND EFFECTIVE DATE.
NOW THEREFORE, BE IT ORDAINED by the Board of County
Commissioners of Indian River County, Florida, that:
SECTION 1
Section 2 (b) of the language and definitions of Appendix A,
Zoning, of Indian River County Code of Laws and Ordinances is
hereby amended as follows:
Dock, Public/Private. A fixedor floating s ruc ure,
including moorings, used for the purpose of berthing buoyant
vessels, which structure does not provide fueling,—or other
commercial services normally associated with a marina,
except that berthing slips may be rented or leased to the
general public.
SECTION 2
Section 25.1 (o) of Appendix A, the Zoning Code, Indian
River County Code of Laws 'and Ordinances is hereby amended to
read as follows:
Public/Private Exception)
a. Districts requiring special exception:
Public/Private Docks may be allowed in the RS -1,
RS -3, RS -6, RM -3, RM -4, RM -6, and RM -8 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:
—1. A S to pan showing the location, i.mensions
and area of dock facility and meeting all
requirements of Section 23.
C. Criteria for Public/Private Docks:
L It must be—located
multi -family zoning district;
Coding: Words in ¢1`f¢i¢1ffM1`1d type are deletions from existing
law. Words underlined are additions.
15:11:36 - OfficialDocuments:689, Attachment Id 0, Page 1 1
SmeadSoft Reprint Date: Monday, August 12, 2013 -
ORDINANCE NO. 89- 8
2, It must be constructed in association
with a multi -family development or a
residential subdivision;
3. It must be located in water classified
as an Aquatic Preserve under Chapter
258, Florida Statues, as it may be
amended;
4. It must be authorized by all local,
state, and federal jurisdictional
agencies, or have been granted express
waivers therefrom; prior to
- -
constructioh;
5. Berthing slips must be made available
for renting to the public (natural
persons) at large in such quantities or
ratio as may be required by the
Department- -of Natural- Resources, P
Trustees of the Internal Improvement
Fund, -or -both, -according the the size of
the docking facility;
6. Public access to any public/private
docking facility shall be in a manner
which provides minimum impact to
surrounding residential uses;
7. Parking shall be provided at the ratio
of one spaceper-three berthing slips.
B. Sewage pump -out facilities must be
included in public/private docking
facilities.
Section 5(A) (d) (5) of Appendix A, the Zoning Code, Indian
River County Code of Laws and Ordinances is hereby amended to
read as follows:
5. Recreation Ubeb. (Section 25.1 (e))
County Clubs
Golf Courses
Public/Private Docks
SECTION 4
Section 6 (d) (5) of Appendix A, the Zoning Code, Indian
River County Code of Laws and Ordinances is hereby amended to
read as follows:
5. Recreation Uses. (Section 25.1 (e))
County Clubs
Golf Courses
Public/Private Docks
Coding: Words in WJOXJ fXtt type are deletions from existing
law. Words underlined are additions.
L5:11:36 - OfficialDocuments:689, Attachment Id 0, Page 2
ORDINANCE NO. 89-8
SECTION 5
Section 10(A) (d) (5) of Appendix A, the Zoning Code, Indian
River County Code of Laws and Ordinances is hereby amended to
read as follows:
5, Recreation Uses. (Section 25.1 (e))
Country Clubs
Golf Courses
Tennis Facilities and Beach Clubs
Public/Private Docks
SECTION 6
Section ll(A) (d) (5) of Appendix A, the Zoning Code, Indian
River County Code of Laws and Ordinances is hereby amended to
read as follows:
5. Recreation Uses. (Section 25.1 (e))
Country Clubs
Golf Courses
Tennis Facilities and Beach Clubs
Yacht Clubs
Public/Private Docks
SECTION 7
RRPEAI OF—CORFL IJMING-PROVIS IONS
All previous ordinances, resolutions, or motions of the
Board of County Commissioners of Indian River County, Florida
which conflict with the provisions of this ordinance are hereby
repealed to the extent of such conflict. All Special Acts of the
legislature applying only to the unincorporated portion of Indian
River County and which conflict with the provisions of this
ordinance are hereby repealed to the extent of such conflict.
SECTION
CODIFICATION
The provisions of this ordinance shall be incorporated into
the County Code and the word "ordinance" may be changed to
"section".ariii-1p",-cr-other-appropriate_word_, and the_sec-tioas
Coding: Words in ¢UOOX) UtO type are deletions from existing
law. Words underlined are additions.
SmeadSoft Reprint Date: Monday, August 12, 2013 - 15:11:36 - OfficialDocuments:689, Attachment Id 0, Page 3
ORDINANCE NO. 89- 0
of this ordinance may be renumbered or relettered to accomplish
such intentions.
SECTION 9
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 10
EFFECTIVE DATE
The provisions of this ordinance shall become effective upon
receipt rom the Florida Secretary of S ta te of official
acknowledgement --that this ordinance has been filled with- the
Department of State.
Approved and adopted by the Board of County Commissioners of
Indian River County, Florida, on this 14th day of February
1989.
This ordinance was advertised in the Vero Beach
Press -Journal on the 25th day of January 1989, for a public
hearing to be held on the 14th day of February,1989, at which
time it was moved for adoption by Commissioner Scurlock ,
seconded by Commissioner Eggert , and adopted by the following
vote:
—Chairman nary -C. Wheeler
Vice Chairman Carolyn K. Eggert
Commissioner Richard N. Bird
Commissioner Margaret C. Bowman
Commissioner Don C. Scurlock
n
i
SmeadSoft Reprint Date: Monday, August 12, 2013 - 15:11:37 - OfficialDocuments:689, Attachment Id 0, Page 4
---Aye—
Aye
ye Aye
Aye
Aye
Acknowledgement by the Department of State of -the Stae of
Florida this 27th day of February , 1989.
Effective Date: Acknowledgement from the Department of State
received on this 2nd day of March q- 1989, at 11:00
A:M./P.M, and filed in the office of the Clerk of the Board o
ounty Commissioners of Indian River County, Florida.
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY.
t w � -� — -t -�-�-7
William Collins, Assistant County Attorney
Robert M. Kelting,7AICP
Community Development Director
Sea Oaks Dock Ord.
Approved
Admin. Zgfa
Legal wUC
Budget �tl
De9l. I ,4M1-
5
SmeadSoft Reprint Date: Monday, August 12, 2013 - 15:11:37 - OfficialDocuments:689, Attachment Id 0, Page 5