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Home My WebLink About1990-04ORDINANCE NO. 90- 4 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA AMENDING THE FOLLOWING SECTIONS OF APPENDIX A OF THE CODE OF LAWS AND ORDI- NANCES OF INDIAN RIVER COUNTY, FLORIDA KNOWN AS THE ZONING CODE IN REGARDS TO MODIFYING AND ESTABLISHING REGULATIONS RELATING TO UNENCLOSED COMMERCIAL AMUSEMENTS, DRIVING RANGES: SECTION 4(A), A-1, AGRICULTURAL DISTRICT; SECTION 25.1(d) UNENCLOSED COMMERCIAL AMUSEMENTS SPECIFIC LAND USE REGULATIONS; AND PROVIDING FOR REPEAL OF .CONFLICTING PROVISION, CODIFICATION, SEVERABILITY, AND -EFFECTIVE DATE. NOW THEREFORE, be it ordered by the Board of County Commissioners of Indian River County, Florida that: SECTION 1 Section 4'(A)(d) be,hereby amended as follows: "(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, 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)). Agricultural businesses, excluding wholesaling and ' processing. Agricultural industries. 2. Residential uses. Guest cottages (Section 25.1(b)). Planned residential development (Section 25.4) 3. Community service..uses. (Section 25,1(d)). Correctional institutions, Cultural and civic facilities. Educational facilities, excluding business, secretarial and vocational. Governmental administration buildings. 4. Recreational uses (Section 25.1(0)). Major sports and recreation areas and facilities including sports stadiums. 5. Commercial a. Commercial amusement, unenclosed; Driving ranges (residential land use designated areas) (Section,25.1(d)) 6.$1 Transportation uses (Section 25.1(h)). Airports and airstrips. 7.01 Utility uses (Section 25.1(.i)). Public and private utilities, heavy. Transmission towers: Microwave, radio, T,V., etc." Coding: Words in ittiOgtYIti-type_are_deletions_from existing law_ Words underlined are additions. SmeadSoff Reprint Date: Wednesday, August 14, 2013- 11:28:31 - OffcialDocuments:654, Attachment Id 0, Page 1 ORDINANCE NO. g0- 4 SECTION 2: Section 25.100. of Appendix A of the Code of Laws and Ordinances of Indian River County, is hereby amended as follows: "3. Dri a. Districts requiring administrative permit: A-1 (non-residential land use designated areas only), CG and CH Districts upon approval for an administrative permit as provided in Section 25,2 and after meeting the requirements defined below. b. District recruirincr special exception: A-1 district ection c.1J Additional information requirements: plans and docu- mention shall be provided by the developer as needed to demonstrate compliance with the following requirements, 1.0/ Criteria for driving ranges: 1. Non -range areas. All areas except the range (ball landing) area, such as the parking, building, practice putting, and tee -off areas shall be located at least 100' from any 1`¢s41d��X/bdAl�� $J4ftt0t`( property having a residential land use designation criterion for administrative permit and special exception applications), 2. Tree protection. No protected trees, as defined within the tree protection ordinance, shall be removed from the range (ball landing) area unless the applicant demonstrates that removal of the tree(s) is necessary for reasons of safety or functioning of the range (such as for ball re- trieval.) (criterion for administrative permit and special exception applications). 3. Exterior lighting. Lighting plans shall be provid- ed (and implemented) which demonstrate that no "spill over" from exterior light sources shall fall onto either roadways or residential zoning dis- tricts that are adjacent to the project site (criterion for administrative permit applications only)• 4. No driving range sh_aM be allowed on a site zoned A-1 unless that site has a non-residential land use plan designation (criterion for administrative permit applications only), 5. In addition to criterion #1, no building shall be located within 150' of the project site property boundary (criterion for special exception appli- c_ationsonlyJ_,_ 6. The driving range shall be open and operated only during daylight hours. Lighting of the range area is prohibited. Exterior lighting of buildings may be allowed for security purposes (criterion for special exception applications only). 7. Access to the site must be off a Thoroughfare Plan des-ignated-road;- -driving-range- Ara-ffic--hou-ld not Coding: Words in type are deletions from existing law. Words underlined are additions. SmeadSoft Reprint Date: Wednesday, August 14, 2013 - 11:28:31 - OfficialDocuments:654, Attachment Id 0, Page 2 ORDINANCE NO. 90- 4 impact local roads or residential areas (criterion for special exception applications only). B. At a minimum, a Type B buffer shall be provided between an non -range area and ad'acent ro ert haven a residential land use designation crite- rion for special exception application only).." SECTION 3: REPEAL OF CONFLICTING PROVISIONS 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 legisla- ture 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 4: CODIFICATION '" to -provisions of—this ordinance sha11�-be incorporated into-- the ntimthe County Code and the word "ordinance" may be changed to "sec- tion", "article", or other appropriate word, and the sections of this ordinance may be renumbered or reletterdd to accomplish such intentions. 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 legis- lative intent to pass this ordinance without such unconstitution- al, SECTION 6-: EFFECTIVE DATE The provisions of this ordinance shall become effective upon receipt from the Florida Secretary of State of official acknowl- edgement that this ordinance has been filed with the Department of State. Approved and -adopted -by -tire Board -Df -County Commissioners of Indian River County, Florida on this 20thday of February , 1990. This ordinance was advertised was advertised in the Vero Beach Press -Journal on the 26th day of January , 1990, for a public hearing to be held on the 20th day of February 1990 at which time it was moved for adoption by Commissioner Bird , seconded by Commissioner Scurlock and adopted by the following vote; Chairman Carolyn K. Eggert AYe Vice Chairman Richard N. Bird Aye Commissioner Margaret C -Bowman Aye Commissioner Don C. Scurlock, Jr. Aye Commissioner Gary C. Wheeler Aye Coding: Words intype are deletions from existing law. Words underlined are additions. SmeadSoff Reprint Date: Wednesday, August 14, 2013 - 11:28:31 - OffcialDocuments:654, Attach rteirt#0,Page 5 ORDINANCE NO. 90- 4 BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY By Carolyn Egger . ATTEST BY - f hm)"Kiv-P11, 9LIJAft, -bVY94^ Pall Acknowledgement by the Department of State oVAfie' tatle jof�716Yida .4. this 28th day of February 1990.1"o �0' Effective Date: Acknowledgement from fh4"be State received on this 5th day of March ,i L-JL7P-.M-.-a—nd films in the off --cep, e Clerk of -- the Board of County commissioners of Indian R�* IFlorida. APPROVED AS TO FORM AND LEGAL SUFFICIENCY. lliam G. Collins II, County Attorney - APPROVED AS TO PLANNING MATTERS Unenclosed ORD2 Coding: ards in W094fgti type are deletions from existing law. Words underlined are additions. 4 SmeadSoft Reprint Date: Wednesday, August 14, 2013 - 11:28:32 - OfricialDocuments:654, Attachment Id 0, Page 4