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HomeMy WebLinkAbout1991-48i ORDINANCE NO. 91-4.8 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE FOLLOWING CHAPTERS OF THE LAND DEVELOPMENT REGULATIONS (LDRS): CHAPTER 901, DEFINITIONS; CHAPTER 910, CONCURRENCY MANAGEMENT SYSTEM; CHAPTER 911, ZONING; CHAPTER 9 1Z SINGLE—FAMI-L'-DEVELOPMENT, CHAPTER 913, SUBDIVISIONS AND PLATS; CHAPTER 914, SITE PLAN REVIEW AND APPROVAL PROCEDURES; CHAPTER 926, LANDSCAPE AND BUFFER REGULATIONS; CHAPTER 927, TREE PROTECTION AND LAND CLEARING; CHAPTER 929, UPLAND HABITAT PROTECTION; CHAPTER 930, STORMWATER MANAGEMENT AND FLOOD PROTECTION; CHAPTER 931, WELLFIELD AND AQUIFER PROTECTION; CHAPTER 932, COASTAL MANAGEMENT; CHAPTER 934, EXCAVATION AND MINING; CHAPTER 952, TRAFFIC; CHAPTER 954, OFF-STREET PARKING; CHAPTER -971, REGULATIONS FOR -SPECIFIC -LAND -USE -CRITERIA; AND PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS, CODIFICATION, SEVERABILITY AND EFFECTIVE DATE. Be it ordained by the Board of County commissioners of Indian River County, Florida that: Section 1: The definition of "Essential Services" is hereby added to Section 901.03 of Definitions and is hereby establi—shed to read as follows: Essential Services - The erection, construction, alteration or maintenance, by utilities providers, emergency services, or municipal or other governmental agencies, of plant sites and related facilities, underqround or overhead gas, electrical, steam or water transmission or alstr1DULlon Sy5Lem5, 1M;.LUUl11y Ytrlca, Doxes, pollce Call Doxes, LralLlc 51g11d1a, nyulal a" v w,ci similar equipment and accessories or buildings liousinq such equipment, in connection therewith; reasonably necessary for the furnishing of adequate service by such utilities providers or municipal or other qovernmental agencies. Section 2: The definition of "Farm or Farmland is hereby amended in Section 901.0-3 of the Definitions chapter a -the land development regulations to read as follows: Farm or Farmland - A parcel of land . • - , in one ownership, that is used primarily for the commercial, soil dependent cultivation of agricultural crop production and/or for the raising of livestock. The term "one ownership" shall include an individual, corporation, business trust, estate, trust, partnership, -association-,or-two or -more -persons having -a joint or common interest in the land. Section 3: Section 901.03 of Definition is hereby amended to read as follows: Live -aboard vessels - Buoyant vessels with no operative means of propulsion inhabited thirty (30) consecutive days or more shall be defined as live -aboard vessels. Motorized buoyant vessels inhabited for greater than --seven (7) consecutive -days shall be considered live -aboard vessels. A Derson shall be deemed to be inhabitinq or livinq upon a vessel during a given day if he or she is present aboard a docked or moored vessel for a continuous period of more than two (2) hours between the hours of 9:00 p.m. and 6:00 a.m. during that day. A reaistered commercial fishinq boat is expressly excluded from the term "live -aboard vessels". Coding: Words in M119TAT-TaTeM type are deletions from existing law. Words underlined are additions. SmeadSoft Reprint Date: Friday, August 23, 2013 - 12:40:16 - OfficialDocuments:646, Attachment Id 0, Page 1 ORDINANCE NO. 91 -48 - Section 4: The definition of "Public/Private Utility; Heavy" is hereby deleted from Section 901.03 of Definitions as follows: Section3-:--T-he definition–o-f "Public/Private utility, Limited" is hereby deleted from Section 901.03 of Definitions as follows: Section 6: The definition of "Street" is hereby amended in Section 901.03 of Definitions as follows: Street - (Also see Roadway) - A public or private right-of-way which provides vehicular traffic access between certain points and which also may provide space for the location of utilities. Streets are classified by function as follows: (1) Arterial, Principal - Those routes intended to carry heavy volumes o raff-ic`ior major distance within or through the- county, hecounty, as delineated on the Indian River County Thoroughfare (2) Arterial, Minor - Those routes intended to carry heavy volumes of traffic for short distances within the county, as delineated on the Indian River County Thoroughfare Plan. (3) Collector - A street which carries traffic from minor streets to arterial streets, as indicated on the Indian River County Thoroughfare Plan. (4) Subdivision Collector Road - A street which serves as the principal entrance street of a residential subdivision or provides for traffic circulation within a subdivision. (5) Minor or Local Street - A street of limited continuity used primarily for access to abutting property, including cul- de-sacs and nonthrough streets. (6) Marginal Access Streets - A street that is parallel and adjacent to a major arterial street or highway and which provide access to abutting property. Section 7: The definition of "Tailwater Conditions" is hereby amended in Section 901.03 of Definitions to read as follows: ffer–MUMMR-1111,111111IMater surface elevation in the canal or receiving water body which the site discharges to during i7i—edesign storm event -•- - Coding: Words in 5 . - . type are deletions from existing law. Words underlined are additions. SmeadSoR Reprint Date: Friday, August 23, 2013 - 12:40:16 - OfficialDocuments:646, Attachment Id 0, Page 2 ORDINANCE NO. -91-48 11 r storm event, of a body of water which is to receive stormwater or other discharge. Section 8: Section 910.07(1)(b) of the Concurrency Management System is hereby amended as follows: (b) Initial Development Order These are development orders which constitute project approval and allow for submission of building permit applications or commencement of development in relation to land development permits; however, initial development orders do not authorize issuance of building permits Jor construction or changes of use which require a new CO (Certificate of Occupancy). No initial -development order -wil-1-be issued unles"he applicant has a valid initial concurrency determination certificate. Initial development orders include: 1. Site and Development Plans (including plans for Developments of Regional Impact); 2. Planned Developments; 3. Land Development Permits or Land Deve opmenPermit Waivers; and 4. Changes in use that increase density—or intens#ty- of development. Section 9: Land use designation table and table showing relationship of the zoning districts with land use map of Section 911.02 of r� Chap er91ly zoning is hereby amended to read a3: "These zoning districts are provided -to implement the intent of the Comprehensive Plan and the land use designations on the Future Land Use Map as indicated below: Maximum Density Land Use Designations (units/acre) C -I Conservation - 1 0 C-2 Conservation - 2 1:40 C_3 Conservation= 3 lv2 AG -1 Agriculture - 1 1:5 AG -2 Agriculture - 2 1:10 AG -3 Agriculture - 3 1:20 R Rural 1:1 L-1 Low - 1 3:1 M-1 Medium - M-2 Medium - Rec Recreation Pub Public C/I Commercial Industrial 8:1 10:1 Coding: Words in MVTI• type are deletions from existing law. Words -underlined are additions. SmeadSoft Reprint Date: Friday, August 23, 2013 - 12:40:17 - OfficialDocuments:646, Attachment Id 0, Page 3 a ORDINANCE N0. 91-48 F RELATIONSHIP OF THE ZONING DISTRICTS WITH LAND USE MAP Zoning District Land Use Designation C-1 C-2 C-3 AG -1 AG -2 AG -3 R L-1 L-2 M-1 M-2 C/I A-1 - - - X - - X T - - A-2 - - - X - - - - - - - A-3 - - - X - - - - - - RFD - - _ RS -1 - - - - - - X T - - - RS -2 - - - - - - - X - - - RS -3 - - - - - - - X T - - RS -6 - - - - - - - - X T - RT -6 - - - - - - - - X T - RM -3 - - - - - - - X T - - RM -4 - - - - - - - - X T - - RM -6 - - - - - - - - X - RM -8 - - - - - - - - - X - RM -10 - - - - - - - - - - X - RMH-6 - - - - - - - - - X - RMH-8 - - - - - - - - - X X - PRO - - - - - - - X X X X X OCR - - - - - - - - - - - X MED - - - - - - - - - - - X CN - - - X X X X X X X X - CL- - - - - - - - - - - X_ CG - - - - - - - - - - - X CH- - - - - - - - - - X IL - - - - - - - - - - - X IG- - - - - - - - - - - X Con -1 X - - - - - - - - - - Con -2 - X Con -3 - - CRVP See Special District Requirements R-BCID n 11 H Rose -4 - - - - - - - - X X - - AIR -1 - - - X X X X Xl - - - PD - X X X X X X X X X X X X - District permitted T - District permitted when_ _used _ as transition from _less intense/dense development or consistent with existing development - - District not permitted Section 10: New Section 911.04(2)(g) of the chapter 911, Zoning, is hereby adopted to read as: sgj Agricultural uses within L-1 and L-2 Land use designations. The following agricultural uses wfiich serve as or enhance open space and green belt functions are allowed in the A-1 (Agricultural - 1) Zoning district within the L-1 and L-2 Land use designations. 1. General farming 2. Livestock and poultry raising 3. Stables 4. Tree farms 1 Only within development where airstrips existed prior to February 13, 1990. Coding: Words in Rffo?slf--Tsl=type are deletions from existing law. Words underlined are additions. SmeadSoft Reprint Date: Friday, August 23, 2013 - 12:40:17 - OffcialDocuments:646, Attachment Id 0, Page 4 ORDINANCE NO. 91-48 7. Nursery and greenhouses* B. Fish farms* 9. Aquaculture* 10. Similar uses as determined by the Community Development Director. *These uses are allowed if substantial open space or green use. Section 11: Section 911.04(3)(b)l. of the chapter 911, Zoning, is hereby amended to read as: (b) Lot Size Requirements 1. Generally. Except as may be qualified by the provisions of the land development regulations, including Chapter 904, nonconformities, no structure or part thereof shall hereafter be constructed or relocated onto a lot which does not meet all of the minimum lot size requirements established for the zoning district in which the structure is or is to be located. Furthermore, no structure or land shall hereafter be used, occupied or arranged for use on-al-ot-which- doe s -not -meet all -o -f -the minimum .lot size requirements presented for the district in which such structure or land is located, unless such lot meets the criteria of section 911.04(3)(b)5. below. Properties upon which essential services uses are located are exempt from minimum lot size requirements. Section 12: Section 911.05(3) of Chapter 911, zoning is hereby amended to read as: (3) Conservation District boundaries. General boundaries of Con - 1, M Con -2 and Con -3 zoning districts shall be depicted in the official zoning atlas. Specific Conservation District boundaries shall be determined on a site -by -site basis, as follows: (a) EnviranmentallT-sens-i-five estuarine we-tlands_. The Con -2 Conservation District adjacent to the Indian River Lagoon and the St. Sebastian River reflects the extent of environmentally sensitive estuarine wetlands. Specific boundaries of the Con -2 District shall be determined on a site -by -site basis by a site boundary survey. Wetland boundaries shall be determined based on the broadest delineation of jurisdictional wetland regulatory agencies. (b) Con -1 Conservation District boundaries. The Con -1 Conservation District reflects environmentally sensitive and environmentally important lands under public ownership. In cases where the boundary of the Con -1 District is under dispute, the boundary shall be verified based on the extent of public ownership. Likewise, the Con -1 district boundary as depicted in the official zo-nincL-atlas shall be periodically updated to correspond with public land acquisition or sale. Coding: Words in MorIT4011 • type are deletions from existing law. Words underlined are additions. SmeadSoft Reprint Date: Friday, August 23, 2013 - 12:40:17 - OffcialDocuments:646, Attachment Id 0, Page 5 ORDINANCE NO. 91-4-9 (c) St. Sebastian River Con -3 Conservation District boundaries. The boundaries of the St. Sebastian River M Con -3 District shall be depicted in the official zoning atlas. The eastern general boundary of the Roseland Road. The western boundary of the district shall be generally depicted in the official zoning atlas. The specific�'M- boundary of the ® Con -3 District shall be determined on a site -by -site basis by a boundary survey, based on soil types and the existence of .. xeric scrub vegetation as verified by county environmental planning staff, in consultatiotr-with—the—Florida— Game—and —Fresh Water Fish Commission (GFC) and other appropriate agencies. Orsino fine sand or Electra sand, in combination with xeric scrub vegetation, shall be indicative of the Con -3 District. Upland areas east of the St. Sebastian River - within the generalized Con -3 boundaries - that are determined by site specific survey not to have the xeric scrub characteristics described herein, shall have an RS - 1 District designation. Coding: Words in .. - • type are deletions from existing law. Words underlined are additions. SmeadSoft Reprint Date: Friday, August 23, 2013 - 12:40:17 - OfficialDocuments:646, Attachment Id 0, Page 6 ORDINANCE NO, 91-40 Section 13: The use table of Section 911.06(4) of chapter 911, Zoning, hereby amended as follows: DISTRICT A_ -1—A-2 A-3 RFD RS -_1 AGRICULTURAL General Farming P P P - - Dairy Farming A A A - - Livestock & Poultry raising P P P - - Stables (Non-commercial) P P P A A Stable (Commercial) P P P _ Sludge Spreading A A A Tree Farms- Kennel-&-Animal-Boarding Places Commercial A A A - - Non-commercial P P P P A Fruit & Vegetable Juice A A A - - extractions and Packing Houses Specialty farms A A A - - Tenant dwellings S S S - - Nursery & Greenhouses Non-commercial P P P A A Commercial P P P - - Agricultural Businesses, S S S - - excluding wholesaling & processing Agricultural Industries S S S - - Fish Farms A A A - - Agricultural Research Facilities A A A - - Aquaculture A A A A A RESIDENTIAL Single Family Dwelling P P P P P Mobile HomesUP-MOR A A A - - Accessory Housing for Nightwatchman A A A - - Guest Cottage or servant's quarters A A A A A Sin le Fa *1 Docks Don vacant ® A A A A A lots Bed & Breakfast A A A - - INSTITUTIONAL Child or Adult Care Fac. A A A A S Foster Care Fac. P P P P P Cemeteries S S S - - Places of Worship P P P S S COMMUNITY SERVICE Emergency Services P P P P P .Educational Centers including, S S S S S • primary and secondary schools Correctional institutions S S S - - Cultural & Civic Fac. S S S S S Governmental Administrative S S S S S Building Coding: Words in USERS= type are deletions from existing law. Words underlined are additions. 7 SmeadSoft Reprint Date: Friday, August 23, 2013 - 12:40:17 - OfficialDocuments:646, Attachment Id 0, Page 7 ORDINANCE NO. 91-0 1 The requirements of section 917.06 (11), of the Accessory Uses and Structures Chapter, shall apply to towers less than 70'. Coding: Words in . • . type are deletions from existing law. Words underlined are additions. SmeadSoft Reprint Date: Friday, August 23, 2013 - 12:40:18 - OffcialDocuments:646, Attachment Id 0, Page 8 A-1 A-2 A-3 RFD RS -1 Colleges & Universities S _ = S S RECREATION Country Clubs A A A S S Golf Courses A A A S S Public Parks & A A A A A Playground Major sports and recreation S S S - - areas and facilities Dude Ranch S S S - - Retreats and Camps S S S S S Commercial Hunting and fishing - lodges Off road vehicle tracts (commercial and non-commercial S - - COMMERCIAL Fruit and Vegetable A - - stands Veterinary clinic or A - - animal hospital Driving Ranges S S - - TRANSPORTATION -& UTILITIES Airports and airstrips S S S S - Utility Public & A A A S S Private Utilities, Limited Public & Private Utilities, S S S S S Heavy 1Transmission Towers less than 70, in height P P P - 70'-140'in height A A A - - over 140' in height S S S - - INDUSTRIAL Recycling Center A A A - - Mining A A A - - VERYHEAVYINDUSTRIAL Demolition Debris site S S S - - ---------------------------------------------------------------- P - Permitted Use A - Administrative Permit Use S - Special Exception Use 1 The requirements of section 917.06 (11), of the Accessory Uses and Structures Chapter, shall apply to towers less than 70'. Coding: Words in . • . type are deletions from existing law. Words underlined are additions. SmeadSoft Reprint Date: Friday, August 23, 2013 - 12:40:18 - OffcialDocuments:646, Attachment Id 0, Page 8 ORDINANCE NO. 91-48 Section 1_4_: Section 9_11_._06_( of_the chapter 911,Zoning, here amended to read as: (6) Size and Dimension Criteria REGULATION UNIT A-3 A-2 A-1 RFD RS -11 Max. Density du/gr.ac. 0.05 0.1 0.2 0.4 1 Min. lot si-ze sq. Vit -:-870-,-000 43f-,-000 2-0{ 080 83,-000-U,N0 Min. lot width feet 150 150 150 150 125 Min. yard setback feet Front 30 30 30 30 30 Side 30 30 30 30 20 Rear 30 30 30 30 30 Max. building feet 35 35 35 35 35 height Max. building % of lot 10 10 20 30 30 coverage Min. open space % of lot 80 80 60 50 50 Legally created lots of record existing prior to a• M June 18, 1991 in the A-1, A-2 and A-3 districts may be developed for one single family dwelling each, regardless of density; provided all other regulations and codes are satisfied. These lots must meet requirements of the RS -1 district for the Size and Dimension Criteria. 1 Nonconforming lots of record lawfully created prior to = June 18,1991 shall meet the RS -6 side yard requirements. Coding: Words in-• • type are deletions from existing law. Words underlined are additions. SmeadSoft Reprint Date: Friday, August 23, 2013 - 12:40:18 - OffcialDocuments:646, Attachment Id 0, Page 9 ORDINANCE NO. 91-48 Section 15: The use table of Section 911.07(4) of Chapter 911, zoning hereby amended as follows: Coding: Words in M#%T4T_-?1T*M type are deletions from existing law. Words underlined are additions. 10 SmeadSoft Reprint Date: Friday, August 23, 2013 - 12:40:18 - OffcialDocuments:646, Attachment Id 0, Page 10 DISTRICT USES RS2—RS-3 RS -6 RT -6 AGRICULTURAL Noncommercial Kennel & Animal A A A - Boarding Places Noncommercial Nursery A A A A & Greenhouse Noncommercial Stable S S S S RESIDENTIAL Single Family Dwelling P P P P SF Dwelling (attached) - - - P Duplex - - - P Guest Cottage & servant's quarters S S S S Sin le Family Docks A A A A on vacant lots0 Special•• • •- • - - A - .e • lot detached)' Subdivisions with special side yards INSTITUTIONAL Child or Adult -Carte -Fac. S S S S - Foster Care Fac. P P P P Group Home (level I) - A A A (Level II & III) - - - S Places of Worship S S S S COMMUNITY SERVICE Emergency Services A A A A Educational Centers S S S S including, •• prim- ary and secondary schools Governmental Admini- strative Building S S S S Community Centers - - S S Colleges/Universities S S S S Libraries - - S S RECREATION - Country Clubs S S S S Golf Courses S S S S Public Parks & A A A A Playgrounds Private/Public Docks S S S S UTILITY Limited Public & A A A A Private Utilities Public & Private Utilities Heavy - S S - ------------------------- P= Permitted Use A= Administrative Permit Use. S= Special Exception Use Coding: Words in M#%T4T_-?1T*M type are deletions from existing law. Words underlined are additions. 10 SmeadSoft Reprint Date: Friday, August 23, 2013 - 12:40:18 - OffcialDocuments:646, Attachment Id 0, Page 10 ORDINANCE NO. 91-48 Section 16: Footnote for the size and dimension criteria table of Section 911.07(7) of chapter 911, Zoning, is hereby amended to read as: 20 35 35 35 30 30 (7_) Size_and-imension_Criteria_ 40 40 40 REGULATION UNIT RS -2 RS -31 RS -6 RT -6 Maximum Density d.u./gr.ac. 2 3 6 6 Minimum lot size sq. ft. SF 16,000 12,000 7,000 7,000 Duplex 12,000 Minimum lot width feet SF 100 80 70 70 Duplex 100 Minimum yard feet Front 25 25 25 20 Side 15 15 10 10 Maximum building feet 35 height Maximum building % of lot 25 coverage Minimum open space % of lot 40 25 20 20 35 35 35 30 30 35 40 40 40 1 Nonconforming lots of record lawfully created prior to = June 18, 1991 shall meet the RS -6 side yard requirements. 2 In no case shall the density exceed the maximum permitted gross density. Coding: Words in 011TAV.-TIM type are deletions from existing law. Words underlined are additions. 11 SmeadSoft Reprint Date: Friday, August 23, 2013 - 12:40:18 - OffcialDocuments:646, Attachment Id 0, Page 11 ORDINANCE NO. 91-48 Section -17. The use table of Section_911_08-(4) of Chapter 91.1, zoning is hereby amended as follows: DISTRICT RM -3 RM -4 RM -6 RM -8 RM -10 AGRICULTURAL Noncommercial Nurseries A A A A A & Greenhouses Noncommercia-lStablesS S S S RESIDENTIAL Single Family Dwellings P P P P P SF Dwelling (attached) P P P P P Duplex P P P P P Multi -family dwellings P P P P P Single Family Docks on A A A A A vacant lots Bed & Breakfasts S S S A A INSTITUTIONAL Child or Adult Care Fac. S S S A A Foster Care Fac. P P P P P Group Home (level I) A A A P P (Level II & III) S S S A A iResidential Centers) S S S S S Residential Treatment - - - S S Centers Total Care Facilities - - - S S Places of Worship S S S A A COMMUNITY SERVICE Cultural & Civic Fac. - - - S S Emergency Services P P P P P Schools, Primary & S S S S S Secondary Colleges & Univ. S S S S S Libraries S S S S S Community Centers S S S A A Government Admini- strative Buildings S S S S S RECREATION Beach Clubs S S S S S Country Clubs S S S S S Golf Courses S S S S S Public Parks & A A A A A Playgrounds Tennis Facilities S S S S S Yacht Clubs S S S S S Health & Fitness Clubs S S A A A Public%Private Docs SS S S S Coding: Words in . . -. • type are deletions from existing law. Words underlined are additions. smeadsoft Reprint Date: Friday, August 23, 2013 - 12:40:18 - OffcialDocuments:646, Attachment Id 0, Page 12 ORDINANCE NO. 91-418 DISTRICT RM -3 RM -4 RM -6 RM -8 RM -10 UTILITY Limited Public & S S S S S Private Utilities Public & Private Utilities—HeavyS 9 S S --------------------------------------------------------------- P - Permitted Use A - Administrative Permit Use S - Special Exception Use Section 18: The use table of Section 911.09(4) of Chapter 911, zoning is hereby amended as follows: DISTRICT RMH-6 RMH-8 RESIDENTIAL Mobile -Homes P- P INSTITUTIONAL Child or Adult Care Fac. A A Foster Care Fac. P P Places of Worship A A COMMUNITY SERVICE Emergency Services P P Educational Centers includin S S •. primary and secondary schools Government Administrative Building S S Community Centers - S RECREATION Country Clubs S S Golf ® Courses S S Public Parks & A A Playgrounds Tennis Facilities S S UTILITY Limited Public & A A Private Utilities Public & Private Utilities, Heavy ---------------------------------------------------------------- S S P - Permitted Use A - Administrative Permit Use S - Special Exception Use Coding: Words in MorsTAT-21WIM type are deletions from existing law. Words underlined are additions. smeadsoft Reprint Date: Friday, August 23, 2013 - 12:40:19 - OffcialDocuments:646, Attachment Id 0, Page 13 ORDINANCE NO. 91-4`8 Section 19: Section 911.09(8) of the chapter 911, Zoning, hereby amended to read as (8) Size and Dimension Criteria REGULATION UNIT RMH-6 RMH-8 Maximum Density d.u. per gross acre 6.0 8.0 Minimum Lot Size sq. ft. 7,000 5,000 Minimum lot width SF feet 70 50 Minimum Yard Front feet 20 20 Side 10 10 Rear 20 20 Maximum Building Height feet 35 35 Maximum Building coverage Mobile Home percent of lot 40 4 -0 - Other 30 30 Minimum open space percent of gross area 35 35 Minimum district size acre 20 20 Coding: Words in • •• • type are deletions from existing law. Words underlined are additions. 14 SmeadSoft Reprint Date: Friday, August 23, 2013 - 12:40:19 - OffcialDocuments:646, Attachment Id 0, Page 14 ORDINANCE NO. 91-'�q-8 Section-20—The-use table ofSection911.10_(4_of the chapter 911, Zoning, is hereby amended as follows: District PRO OCR MED CN CL CG CH1 AGRICULTURE Agricultural Production orticulturai &-Landscape— - ____P P P plants & specialties Kennels & animal boarding - - - - - A A Agricultural Services Landscape Services - - - - - P P Commercial Fishery - - - - A P COMMERCIAL Construction General Building Cont- - - - - - P ractors/Construction yards Finance; Insurance, Real Estate, Legal Services Banks and credit instit- - P - P P P - utions Security and Commodity P P - P P P - Brokers Insurance Agents, Brokers P P - P P P - & Service Automatic Teller Machines - P P P - Real Estate P P - P P P - Holding & Other Investment P P - P P P - Offices Legal Services P P - P P P - Services Lodging Facilities - P P - P P - Hotels & Motels UIT1131M, Boarding Houses - A - A A P - Bed and Breakfast P A S A A S - Membership based Hotels - - - - - P - Personal Services Laundries & laundromats Coding: Words in • • • • type are deletions from existing law. Words underlined are additions. SmeadSoft Reprint Date: Friday, August 23, 2013 - 12:40:19 - OffcialDocuments:646, Attachment Id 0, Page 15 ORDINANCE NO. 91-48' District PRO OCR MED CN CL CG CHl (excluding drycleaners) - A - P P P - Garment Pressing & drycleaners drop-off/ pickup Linen supply Carpet & upholstery —cleans Drycleaning plants Photographic Studios Beauty Shops Barber Shops Shoe Repair Funeral Homes Funeral Chapels Crematoriums - A - P P P - - - - - - P P - - - - - P P - - - - - - P - A - P P P - - A - P P P - - A - P P P - - A - P P P - - - - - - P - - - - - P P - - - - - - P P Business Services Advertising P Credit Reporting & P Collection Mailing, Reproduction & - Stenographic Services Equipment rental & - leasing Employment Agencies P Help Supply Services - Computer & Data P Processing General and Professional office P Auto Repair, Services & Parking Automotive Rentals - Automobile Parking & - storage Body & Paint Shops - General Automotive Repair Carwashes - Automotive Fluid Sales - & Services (other than gasoline Miscellaneous Repair Electrical Repair - Watch, Clock, Jewelry - Reupholsters & Furniture - P - - P P P P - - P P P P - - P P P - - - P P P P - - P P P - - - - P P P - - P P P P - P P P - - - - - P P - - - - P P - - - - - P - - - - P P - - - - P P - - - A P P - - - P P P - - - P P F - - - - - P Coding: Words in . . -. type are deletions from existing law. Words underlined are additions. smeadsoft Reprint Date: Friday, August 23, 2013 - 12:40:19 - OffcialDocuments:646, Attachment Id 0, Page 16 ORDINANCE NO. 91-4S District PRO OCR MED CN CL CG CHI Welding - - - - - - P Motion Pictures Production & Distribution Services - - - - - P P Motion Picture Theaters - - - - P P - Drive In Theaters - - - - - - S (unenclosed commercial amusement) Video Tape -Rentals _ - -P__P P - Amusement & Recreation Dance Studios, School & - - - - P P - Halls Theatrical Production - - - - P P - inclu. music Enclosed Commercial - - - - P P P Amusements Unenclosed Commercial - - - - - - S Amusements except miniature golf courses and driving ranges Health & Fitness Centers - - - A P P - Membership Sports & Rec. - - - - P P - Coin Operated Amusements - - - P P P - Miniature -Golf Courses Driving Ranges - - - - - A A. Health & Medical Services Offices and Clinics P P P P P P Total Care Facilities _ _ P I�llK:7rOP.I��r..Ra�R.�c:�irll� - Hospitals - - P - - - - Medical & Dental Lab. - - P - P P - Home Health Care Svc. - - P - P P - Specialty Outpatient - - P - P P - Clinics Veterinarian Clinic - - - - - A A Wholesale Trade Durable Goods - - - - - - P Nondurable Goods - - - - - - P Coding: Words in e type are deletions from existing law. Words underlined are additions. 17 smeadsoft Reprint Date: Friday, August 23, 2013 - 12:40:19 - OffcialDocuments:646, Attachment Id 0, Page 17 ORDINANCE NO. -K -49 -- District PRO OCR MED CN CL CG CH' Retail Trade - - P P Convenience Stores - - - P P P - Building Materials & - - - - - A P Garden Supplies - - A P P Paint, Glass & Wallpaper - P P P Stores - - - - P P P Hardware Stores - - - - P P P Retail Nurseries & - - - - P P P Garden Supplies - - P P Model Mobile Home - - - - - A P Display Mobile Home Trailer Sales - - - - - - A General Merchandise Department Stores - - - - A P - Variety Stores - - - - A P - Flea Market - - - - - - S Auction Facilities, - - - - - - A Unenclosed Auction Facilities, - - - - - P P Enclosed Food Stores Grocery Stores - - - P P P - Meat & Fish Markets - - - - P - - P P P P - P - Fruit e -Vegetable Markets Gasoline Service Stations - - - - A P P Candy-,-Nut-4-Confect. - - P P P P - Stores Dairy Product Stores - - - P P P - Retail Bakeries - - - P P P - Automotive Dealers & Services New & Used Cars Dealers - - - - - P P used MA-PUMM Vehicle Sales- - - - - S A Auto & Home Supply Stores - - - - P P P Gasoline Service Stations - - - - A P P Boat Sales & Rentals - - - - - _ P Recreational Vehicle Sales - - - - - A Motorcycle Dealers - - - - - P P Car Wash - - - - - P P Coding: Words in • • -• • type are deletions from existing law. Words -underlined are additions. 18 SmeadSoft Reprint Date: Friday, August 23, 2013 - 12:40:20 - OFticialDocuments:646, Attachment Id 0, Page 18 ORDINANCE NO. -JT -4 District PRO OCR MED CN CL CG CH1 Automotive Fuel Sales - Marina - - A A P P Commernia7 — Marine Repair & Service - — - - - - A P Apparel & Accessory Stores - - - P P P - Furniture & Home Furnishings Furniture & Home Furnish. - - - - Stores Household -App -fiance - A P P Stores Radio Television & - - - P P P - Computer Stores Eating & Drinking Est. Restaurants - - A P P P P Carry = Out Restaurants - AA_ P P P P Drive through Rest. - - - - - P J? Bars and Lounges - - - - S P P Bottle Clubs - - - - - S A Miscellaneous Retail Drug. Stores - A P A P P - Liquor Stores - - - P P P - Misc. Shopping Goods - - - - P P - Florists - A P P P P - News stands - A P P P P - Sporting Goods - - - - P P - optical Goods - A P P P P - Gift Stores - A P P P P - Book and Card Store - A P P F P - Catalogue & Mail - - - - - P P Order-Ifouse Fuel Dealers - - - - - P P Food & Kindred Products - - - - - - P Fruit t VegetablePacking - Houses Fruit & Vegetable Juice - - - - - - S Extraction Coding: Words in • • -•• type are deletions from existing law. Words underlined are additions. 19 SmeadSoft Reprint Date: Friday, August 23, 2013 - 12:40:20 - OFticialDocuments:646, Attachment Id 0, Page 19 ORDINANCE NO. 91-48' District PRO OCR MED CN CL CG CHI COMMUNITY SERVICES Educational Centers - S S S S S - including, primary and secondary schools Colleges & Universities - S S - S S - Libraries - A - A P P - Vocational, Tech, & Bus. - P P P P P - Institutional Indiv. & Family Services - - P - P P - Job Trainina Services - - - - P P P Day Child. Care & Adult Care A A P A P P - Homes for the Aged, includ- - - P - S S - inq Nursing Homes & Rest Homes Residential Treatment Ctr. - - P - S S S Place of Worship - - - - P P P Cultural & Civic Facil. - - A - P P - Civic and social membership - - A - P P - organizations Public Administration Government-Administr& A P A -P P P - tive Buildings Courts - - - - P P - Emergency Services P P P P P P P Libraries P P P P P P P INDUSTRIAL Printing & Publishing - - - - - - P Machine Shops _ _ _ _ _ = P Chemicals and Plastics Rubber & Plastic - - - - - - P Footwear Hose, belts, gaskets - - - - - - P packing Assembly -p mduc ti on --(_no t including manufacturing) - - - - - - P TRANSPORTATION AND COMMUNICATION Railroad/Bus Trans. Services Coding: Words in • -. . type are deletions from existing law. Words underlined are additions. 20 SmeadSoft Reprint Date: Friday, August 23, 2013 - 12:40:20 - OffcialDocuments:646, Attachment Id 0, Page 20 ORDINANCE NO. 91-48 Post Office P P P P P P P Water Transport Services - - - - - P Air Transport Services - - - - - - P Pipelines - - - - - - P Heliport/Helipad - - S - - S - Recycling Centers - - - - - - A Travel & Tour Agencies - P - - P P - Freight Transport - P - - - P P Communications Telephone & Telegraph - District - - P P P PRO OCR MED CN CL CG CHl Local & Suburban - - - - - P P Transit Trucking & Courier - - - - - - P Services - - PP Commercial Warehousing - - - - - - P &—Storage Limited Moving & Storage - - - - - - P Trucking terminals - - - - - - P Self Storage Facilities - - - - - S P Outdoor Storage - - - - - - A Post Office P P P P P P P Water Transport Services - - - - - P Air Transport Services - - - - - - P Pipelines - - - - - - P Heliport/Helipad - - S - - S - Recycling Centers - - - - - - A Travel & Tour Agencies - P - - P P - Freight Transport - P - - - P P Communications Telephone & Telegraph - P - - P P P Radio & Television - P - - P P P Broadcasting Cable and Pay_ T.V. - P - - PP Public & Private Utilities, A A A A A A A Limited Public & Private Utilities, - - - - - - S Heavy Coding: Words in • •-• • type are deletions from existing law. Words underlined are additions. Smeadsoft Reprint Date: Friday, August 23, 2013 - 12:40:20 - OffcialDocuments:646, Attachment Id 0, Page 21 ORDINANCE NO. 91-48 ' District PRO OCR MED CN CL CG CH Transmission Towers2 Less than 70' in height - - - - P P P 70'-140' in height - - - - A A A RESIDENTIAL USES Single -Family Dwelling P P - - - - - Duplex P P - - - - - Multi -Family Dwelling P P A A A A - Accessory Housina - - - - - P (Watchman) -------------------------- P= Permitted Use A= Administrative Permit Use S= Special Exception Use Section 21: the use table of Section 911.11(4) of chapter 911, Zoning, is hereby amended as follows: Use AGRICULTURE Agricultural Production Crops Horticultural & Landscape Plants & Specialties Mulch Products & Services Kennels & Animal boarding Services - - Farm labor & Mgt. Services Landscape Services Veterinary Services Commercial Fisheries COMMERCIAL Construction General Building Contractors Special Trade Contractors District IL IG P P P P P P p P P P P P P - P P P P 1 No industrial use shall be permitted in the CH district unless public sewer _service is provided to the subject -property. i The requirements of section 917.06(11), of the Accessory Uses and Structures Chapter, shall apply to towers less than 70' Coding: Words in MITSTAT-311 • type are deletions from existing law. Words underlined are additions. Smeadsoft Reprint Date: Friday, August 23, 2013 - 12:40:20 - OffcialDocuments:646, Attachment Id 0, Page 22 ORDINANCE NO. 91-4r8 District Use IL IG Linen supply P - Carpet & upholstery cleaning P - Drycleaning Plants P - Auto Repair, Services & Parking Automobile Parking & Storage P - Automobile Repair Body & Paint Shops P P General Automotive—Repair P Carwashes P - Miscellaneous Repairs Electrical Repair P P Reupholstery & Furniture P P Welding P P Heavy Machinery P P Social Services Job Training Services P P WHOLESALE TRADE Durable Goods P P Non -Durable Goods P P Auction Facilities, unenclosed S - Flea Market S - huto-&-Home- Supply -Stores P - Gasoline Service Stations P S Boat Dealers P - Recreational Vehicle Dealers P - Motorcycle Dealers P - Automotive Fluid Sales & - A Services (other than gasoline) Eating & Drinking Establishments Restaurants P - Take Out Restaurants P P Drive Through P - Bars and Lounges P - Bottle Clubs P - Fuel Dealers P P Adult Entertainment Facilities S S Marine - related commercial activities ?oat Sales-& Rental- P - Commercial Marina P - Marine Repair & Services P P INDUSTRIAL Manufacturing P P Food & Kindred Products P P Tobacco Products P P Fruit & Vegetable -Jr ce-Extractions P Textile Products P P Lumber & Wood OR P Furniture & Fixtures P P Paper & Allied Products P P & Printing & Publishing Coding: Words in Nfe-e . type are deletions from existing law. Words underlined are additions. 23 SmeadSoft Reprint Date: Friday, August 23, 2013 - 12:40:21 - OffcialDocuments:646, Attachment Id 0, Page 23 ORDINANCE NO. 91-48 District Use IL IG Chemicals-&-Al-Lied-Products Railroad & Bus Trans Petroleum Products - P Rubber & Plastics - P Tires - P Rubber & Plastic footwear P P Hose, belts, gaskets & P P Outdoor Storage Packing P P Fabricated rubber products P P Drugs & Pharmaceuticals P P Tanning—& -Finishing = P Footwear P P Other Leather Goods P P Stone Glass & Clay P P Primary Metal Industries - P Fabricated Metal Products P P Machine Shops P P Industrial Machinery & Equipment - P Electronic & other Electric Equipment P P Transportation Equipment - P Instruments & Related Products P P Junk and Salvage Yards - S Demolition Debris Site - S TRANSPORTATION & UTILITIES Airports . - •• /Airstrips S S Heliports/Helipads S S Railroad & Bus Trans Services P P Trucking & Courier Services P P Commercial Warehousing & Storage P P Moving & Storage P P Trucking Terminals P P Self Storage P P Outdoor Storage P P Postal Services P P Water Transport Services P - Air Transport Services P - Transportation Services Freight Transport Arrangement P Coding: Words in NFITATITITIM type are deletions from existing law. Words underlined are additions. 24 ameadsoft Reprint Date: Friday, August 23, 2013 - 12:40:21 - OffcialDocuments:646, Attachment Id 0, Page 24 ORDINANCE NO. 91-4V District Use IL IG Communications Transmission Towers Less than 70' in height' P P 70'-140'in height A A over 140' in height S S Utilities Public and Private Utilities, Heavy S S Gas ServicesP F Electric Services P P Water Services P P Sanitary Services P P Irrigation Systems P P RESIDENTIAL USES A A ----------------------- P= Permitted Use A= Administrative Permit Use S= Special Exception Use 1 The requirements of section 917.06 (11) of the Accessory Uses'and Structures Chapter, shall apply to towers less than 70'. Coding: Words in • • • • type are deletions from existing law. Words underlined are additions. 25 SmeadSoft Reprint Date: Friday, August 23, 2013 - 12:40:21 - OFticialDocuments:646, Attachment Id 0, Page 25 ORDINANCE NO. 91-4.8 Section 22: Section 911.10(6) of Chapter 911, Zoning, hereby amended to read as: (6) Required Improvements All future subdivisions and site plans for development in commercial districts shall install the following improvements, designed and constructed to meet the requirements and specifications of the Code of Laws and Ordinances of Indian River County, Florida. DISTRICT CG PRO OCR MED CN CL ® CH Bikeways X X X X X X X Sidewalks X X X X X X X Streetlights X X X X X X X Section 23: Section 911.10 (7) of Chapter 911, Zoning hereby amended to read as follows: (7) Size and Dimension Criteria PRO OCR MED CN CL CG CH Min. Lot Size sq. ft. 10,000 10,000 20,000 20,000 10,000 10,000 10,000 Min Lot Width ft. 100 100 100 100 100 100 100 Min. Yards ft. Front 25 25 25 25 25 25 25 Rear 25 20 20 20 10 10 10 Side 20 20 20 20 10 10 10 Max Coverage 8 35 40 40 40 40 40 40 Min Open Space 8 3-5---35 30 30 25 25 25 Max. Building Height ft. 35 35 35 35 35 35 35 Residential District Reg. RM -6 RM -6 RM -8 RM -8 RM -8 RM -8 - Hotel & Motel Minimum - 250 250 - 250 250 - sq. ft. of living area per unit. Hotel & Motel Minimum - 1200 1200 - 1200 1200 - sq. ft. of land area per unit. Notes: Yards - Front Yards abutting S.R. 60 shall be 75 feet; Rear Yards (CH only) 0 if abutting FEC Railroad; Side Yards (CL,CG,CH) 0 if abutting a non-residential use with interconnected parking and approved access easement. Height - See section 911.15 for exceptions. Coding: Words in MINE= . type are deletions from existing law. Words underlined are additions. 26 SmeadSoft Reprint Date: Friday, August 23, 2013 - 12:40:21 - OffcialDocuments:646, Attachment Id 0, Page 26 ORDINANCE NO. 91-48 Section 24: Section 911.12(2) of the chapter 911, Zoning, is hereby amended to read as follows: (2) Districts Established The following districts are established to implement the provisions of this code. Con -1 Con -2 Con -3 - Public Lands Conservation District Estuarine. Wetlands Conservation District - St. Sebastian River Xeric Scrub Conservation District Section 25: Section 911.12(3) of the chapter 911, Zoning, is hereby amended to read as follows: (3) Relationship with the Future Land Use Maps The conservation districts are intended for establishment in the _C-1, M C=2, and C-3 conservation land use designations; however, they may be established in other land use categories which contain unique environmental conditions which would warrant conservation. Section 26: Section 911.12(4) of chapter 911, Zoning, is hereby amended as follows: (4) Uses in the Conservation Districts are classified as permitted uses, administrative permit uses, and special exception uses. Site plan review shall be required for the construction, alteration, and use of all structures and buildings except for single family home construction and alterations on lots of record existing prior to June 18, 1991. For single family construction and alterations on such lots of record, the provisions of 911.1-2(4)(e) shall apply. No residential development in C-2 or C-3 areas shall occur unless such development is approved as a planned development. The county shall require cluster development and density transfers to limit the impact of development on conservation lands. Planned Developments and clustering requirements do not apply to single family lots along the St. Sebastian River existing -prior to June 18, 1-941. -The-following criteria shall annly to nlanned developments in the C-2 or C-3 areas: The density of the project shall not exceed the maximum density of the C-2 (for wetlands) or C-3 (for xeric scrub uplands) areas, as applicable; no density transfers from off-site lands and no density bonuses shall be permitted within PD projects on C-2 or C-3 designated lands; (b -)--Lots -created through the PD -process shall not exceed one acre in size, with the remainder of the planned development the area designated as open space; JL Open space areas shall be retained as natural areas; however, up to ten percent of the open space area may be used for recreational purposes in C-3 areas; JL Within the C-3 district, the total area of xeric scrub Coding: Words in. -• • type are deletions from existing law. Words underlined are additions. 27 SmeadSoft Reprint Date: Friday, August 23, 2013 - 12:40:21 - OffcialDocuments:646, Attachment Id 0, Page 27 ORDINANCE NO. 91-48 disturbed by a planned development project shall not exceed 20% of the total xeric scrub area occurring on site. natural nutter consisting of unalsturpea native vegetation measured from the mean high water mark of the river or 50 feet from the landward boundary of jurisdictional wetlands along the river or any tributary, whichever is greater. In no case, however, with reference to existina parcels or lots of record which for unpiattea parcels or twenty-five (15) Leet for platted lots or twenty (20) percent of the parcel or lot depth perpendicular to the applicable waterway, whichever is less. (cross-reference 929.07). District Uses Con -1 Con -2 RESIDENTIAL USES Single Family Dwelling - P Housing for Conservation P - Management Single Family RIM docks - S constructed prior to construct- ion of a Principal Sinale- I S IP P P S S S Con -3 P P S C S P P P S S �J A A - S ` All planned developments shall be reviewed and approved pursuant to the requirements of Chapter 915, Planned Development. Coding: Words in Xre-• . type are deletions from existing law. Words underlined are additions. 28 SmeadSoft Reprint Date: Friday, August 23, 2013 - 12:40:22 - OffcialDocuments:646, Attachment Id 0, Page 28 Residential Guest Cottages and - Servant Quarters CONSERVATION Resource Management P Conservation Education P Natural Resource Research P RECREATION Public Parks and P rounds S • • �. • • Retreats and S Cam s • • �• Public/Private Multi- S slip Facilities (Public) AGRICULTURAL Aquaculture A MIXED USES Planned Developments (mixture of residential uses, places of worship and related facilities and—uses that are specifically allowed within the Con -3 district)' I S IP P P S S S Con -3 P P S C S P P P S S �J A A - S ` All planned developments shall be reviewed and approved pursuant to the requirements of Chapter 915, Planned Development. Coding: Words in Xre-• . type are deletions from existing law. Words underlined are additions. 28 SmeadSoft Reprint Date: Friday, August 23, 2013 - 12:40:22 - OffcialDocuments:646, Attachment Id 0, Page 28 ORDINANCE NO. 91-48 P= Permitted A= Administrative Permit Use S= Special Exception Section 27: Size and Dimension Criteria table of Section 911.12(6) of Chapter 911, zoning, is hereby amended to include criteria for the Con -3 district as follows: Regulation Unit of Measure Maximum Density d.u./gr. acre hlinimumZon Size — — — — -- Acres Minimum Lot Width feet Minimum Yards feet Front Rear Side Maximum Building Ht. feet Maximum Lot Coverage percent Minimum Open Space percent District Con -1 Con -2 Con -3 - .025 0.4 = 4U Z - 500 150 50 50 50 50 50 50 50 20 20 35 35 35 - 10 20 - 80 70 Legally created lots of record existing prior to - June 18, 1991, in the Con -2 and Con -3 Districts may be developed for one single family dwelling each, regardless of density; provided all other land development regulation0 provisions Mare satisfied. Single-family dwelling construction on these lots must meet the size and dimension requirements of the RS -1 district. 11 MIEN, ME Mg. ifew7of• =11131 M, Section 28: Use table of Section 911.13(1)(c) of Chapter 911, zoning is hereby amended as follows: Residential Uses Mobile Homes Recreational Vehicles Accessory Housing (watchman) CRVP P P A Public Service Uses Emergency Services P Places of Worship A Public Parks and Play- A grounds Commercial—Uses— Country Clubs A Golf Courses A Tennis Clubs and Beach Clubs '17 MINI A -MI • Transportation & Utility Uses Public and Private Util- ities, limited S ----------------------- P= Permitted A= Administrative Permit S= Special Exception Coding: Words inMINTS-710Mtype are deletions from existing law. Words underlined are additions. 29 SmeadSoft Reprint Date: Friday, August 23, 2013 - 12:40:22 - OffcialDocuments:646, Attachment Id 0, Page 29 ORDINANCE NO. 91-48 Section 29: Section 911.13(1)(f), of the chapter 911, Zoning, is hereby amended to correct a typographical mistake in the title of the size and dimension criteria table as follows: (f) SIZE AND DIMENSION CRITERIA CRVPM. ZONING DISTRICT ZONING DISTRICT REGULATION CRVP1 UNIT OF MEASURE Section 30: The use table of Section 911.13(3)(c) of Chapter 911, zoning, hereby amended as follows: RESIDENTIAL USES ROSE -4 Single family dwellings P Mobile homes P PUBLIC SERVICE USES Child and -Adult -Care A Facilities Foster care facilities P Places of Worship S Public Parks and Playgrounds A Emergency services P Educational facilities, S excluding business vocationalSecretarial and RECREATIONAL Golf courses S UTILITY USES Public and private S utilities (limited) ------------------------- ------------------------- P= Permitted A= Administrative P= Permit S= Special Exception Coding: Words in -•• type are deletions from existing law. Words underlined are additions. smeadsoft Reprint Date: Friday, August 23, 2013 - 12:40:22 - OffcialDocuments:646, Attachment Id 0, Page 30 ORDINANCE NO. 91-4& Section 31: Minimum yard section of Size and Dimension criteria table of Section 911.13(4)(g) of chapter 911, Zoning, is hereby amended to correct a typographical mistake as follows: REGULAT-ION UNIT --OF MEASURE LANDUSE AG-1 AG -21 R L-12 Maximum density du acre 1:5 1:10 1:1 3:1 Minimum lot size sq. ft. 200,000 430,000 40,000 20,000 Minimum lot width feet 150 150 125 120 Maximum building ht. feet 35 35 35 35 Minimum yard feet Front Side Residence Hamar/Garage Rear Residence Hangar/Garage Maximum lot coverage % of lot Minimum open space % of lot 30 30 30 25 30 30 20 15 10 10 10 10 30 30 30E 25 10 10 10 10 20 10 30 30 80 80 50 40 Section 32: Section 911,15(2)(f) 1. and 2. of Chapter 911, zoning is hereby amended as follows: (f) Swimming pools and related structures. 1. Swimming pools. Noswimming pool shall be located closer than ten (10) feet to any rear property line or within any easement for utilities, drainage or access • 2. Special yard situations. a. On corner lots with one yard which abuts a road right-of-way classified as an arterial road on the county's thoroughfare plan map, no swimming pool shall be located closer than ten (10) feet to the property line abutting the_arterial_road-,_ozM within any easement for utilities, drainage, or access, • provided that the yard adjacent to the arterial road is not the yard providing the main entrance to the lot. 1 Size and Dimension Criteria for AG -3 are the same as AG -2; the only difference is in the maximum density and minimum lot size. Maximum density for AG -3 is 1 unit/20 acres, and minimum lot size is 870,000 sq. ft. 2 Air -1 is allowed only within areas where airstrips existed prior to February 13, 1990, Coding: Words in NoWITAT-374 • type are deletions from existing law. Words underlined are additions. 31 SmeadSoft Reprint Date: Friday, August 23, 2013 - 12:40:23 - OffcialDocuments:646, Attachment Id 0, Page 31 ORDINANCE NO. 91-48 b. On.lots whereno rearyard, as defined in the zoning code, exists having a width at least one- half (1/2) the applicable minimum lot width, one side yard or side yard area may be designated by the property owner as a "rear yard" for purposes of applying the regulations contained within this section. suet -ion -33: -Section -911.1§{2-rof--chapter 911, Zoning -i- hereby amended to include new sub -section 911.15(2)(r) to read as follows: (rr) Dumpsters. Dumpsters are allowed to encroach within required side yard setbacks in the same manner as allowable parking encroachments as set forth on section 911.15(2)(1). Notwithstanding the requirements of section 911.15(2), all dumpsters must be screened. Section 34 : Section 912.05(1) of the Single Family Development chapter of the land development regulations is hereby amended as follows: (1) Locations for Single Family Development. Single family development and use is allowed in various comprehensive plan land use designated areas and within various zoning districts. single family residential development is allowed in the following land use plan designated areas and within the following zoning districts: Land Use Designated Areas: C-2 Conservation -2 C-3 Conservation -3 AG -1, Agriculture AG -2, Agriculture AG -3, Agriculture R, Rural L-1, Low -1 -2,- Low -2 M-1, Medium -1 M-2, Medium -2 Zoning Districts: Con -2, Conservation; 1 unit per 40 acres Con -3, Conservation; up to 1 unit per 2.5 acres A-1, Agriculture up to 1 unit per 5 acres A-2, Agriculture up to 1 unit per 10 acres A-3, Agriculture up to 1 unit per 20 acres RFD, Rural Fringe Development up to 1 unit per 2.5 acres RS -1, Residential Single Family up to 1 unit per acre RS -2, Residential Single Family up to 2 units per acre RS -3, Residential Single Family up to 3 units per acre RS -6, Residential Single Family up to 6 units per acre RT -6, Residential Two -Family up to 6 units per acre RM -3t -Residential Multi -Family up to 3 units er acre RM -4, Residential Multi -Family up to 4 units per acre RM -6, Residential Multi -Family up to 6 units per acre RM -8, Residential Multi -Family up to 8 units per acre RM -10, Residential Multi -Family up to 10 units per acre Coding: Words in • • -•• type are deletions from existing law. Words underlined are additions. SmeadSoft Reprint Date: Friday, August 23, 2013 - 12:40:23 - OffcialDocuments:646, Attachment Id 0, Page 32 ORDINANCE NO. 91-4-8 R-BCID, Residential, Blue Cypress Improvement District: see special regulations, chapter 911 (Zoning) ROSE -4, Roseland Residential District: see special regulations, chapter 911 (Zoning) PRov--P-r-ofess-1-0nal Off -i -e OCR, Office, Commercial, Residential Section 35: Section 912.07(3) of the Single Family Development chapter of the land development regulations is hereby amended to read as follows: (3) Road Rights -of -Way. Road right-of-way is a strip of land within which road sidewalk or bikeway, -drainage, -and- utilities are or will be located. Front yards abut road rights-of-way. Along county roads having deficient right-of- way, right-of-way expansion . • -: can have a great effect upon where new development 0 should be located on adjacent parcels. The more significant road right-of-way deficiencies exist along the county's major thoroughfares, listed as follows: Major Arterials: S.R. A.1.A. I.R. Blvd. I-95 C.R. 512 C.R. 510 S.R. 60 17th St. 27th Ave. 58th Ave. Minor Arterials: Roseland -Rd. -43rd -Ave 6th --Ave. 82nd Ave. 69th St. 53rd St. 41st St. 12th St. 4th St. 17th St. S.W. Collectors: Old Dixie 20th Ave. 74th Ave. 90th Ave. 98th Ave. 73rd St. 65th St. 61st St. 57th St. 49th St. 45th St. 37th St. 33rd St. 26th St. 16th St. 8th St. 1st St. S.W. 5th St. S.W. 13th St. S.W. 21st S.W. The following right-ef-way--reguIations apply to the development of new.single family homes (included in the term "Projects" of the Traffic ordinance. Coding: Words in .. - • type are deletions from existing law. Words underlined are additions. 33 SmeadSoft Reprint Date: Friday, August 23, 2013 - 12:40:23 - OffcialDocuments:646, Attachment Id 0, Page 33 n applicant—tor—approval-01 a pro }ect-aoux-r-i-ng-a oadway which has an existing road right-of-way Pfirienry shall transfer right-of-way needed for ite related roadway.improvements for that segment f the roadway abutting the project, and shall nter into a purchase, contract or,similar agreement ith the county to sell needed right-of-way for uture non -site related improvements, prior tc elease of the approved site plan for the project. erever a road right-of-way e ice y x srthe eficiency shall be made up by acquisition of equal mountb of land frow each side of the exist -ng iaht-of-wav,.except where: A drainage, district canal right-of-way or r_ -i 1 r_oad__rislhY_-of_-way _abuts_Lne__si de o f th existina road riaht-of-way; or At least one-half of the required road right of-wayhas been provided by the .property o the opposite side of the existing road right of-wav; hich case, the entire road right -o iency wil be made up Y cguisit on-off the Droiect site. Applicants for projects located on roadways where abutting road (local, collector, or arterial) riqht-of-W;;NI lip to local (minor) road standards as efined in the traffic circulation element. Said dedications are deemed site related and necessary to serve the proposed development itself and shall not be creditable for compensation. Dedication of Thorouqhfare Plan Road Right-of- ny applicant for approval of a project abutting oa way designated on the county thoroughfare—plan ma here the roadway has .a road right-of-way deficienc hall sell t0 h@—efJllRt-aufflient land c 0 up hi hare of the road right-of-way needed for non -sit elaThe appiic-ant -s-haU--rgceive hrough traffic impact fee credits, or residentia enc�transfars. nr direct payments where the count hooses to pay cash, or any combination orothe cceptable means of compensation, one hundred (100 ercent compensation for the value of the undevelope ondition of the land area dedicated for road right -of ay, which exceeds any area needed to bring the right -o ay up to county local ,(minor) road standards. Where th ounty is to purchase lanct tor future right-of-way, ounty shall compensate the property owner based upon th hall be agreed upon prior to project approval, and th urchase shalloccur prior to issuance of a certifirat f completion ora certificate of occupancy for th io ,ihere one hundred (100) percent compensate ORDINANCE NO. 91-C: II�Where the applicant's protect is con -dere -d inor site plan under the terms of this Ldincince, the applicant —may etbacks needed to accommodate r-ight—f-way n l� dedication :or sale increase the building deficiencies. 3. Dedication of Minor (local) Road Right-of-Wa ADDlicants for single family residences are stronql encouraged to set back residences and other permanent structures from road rights-of-way a distance that is sufficient to accommodate ultimate setbacks from future, expanded road rights-of-way, and thus avoid future non - conformities under the land development regulations that could restrict future expansion or rebuildinq plans. Section 36: Section 912.08(1)(c) of the Single Family Development chapter000f—the -land—devel-andregulations hereby amended -to read as follows: (c) In applying for a building permit to construct a new single family home, the following requirements must be addressed. shall submit a conceptual drainage plan, as part of his parcel survey_, if—the�—building_lot or parcel is not located in a subdivision having a positive drainage system previously approved by the Public Works Director. A list of "Previously Approved" subdivisions shall be on file at: The Building Division The Public Works Department, and The—conceptual drainage plan shall--depic-t on— survey the existing and proposed stormwater management system including swales, approximate finished floor elevations of proposed structures, finished floor elevations of existing structures on adjacent property, physical location and centerline elevations of the roadway providing access to the site, transition grades to adjacent property, and other pertinent Coding: Words in rel • -• • type are deletions from existing law. words --underlined are additions. 35 SmeadSoft Reprint Date: Friday, August 23, 2013 - 12:40:24 - OFticialDocuments:646, Attachment Id 0, Page 35 ORDINANCE NO. 91-4'.8 information as may be required by the Public Works Director. All conceptual drainage plans must be approved by the Public Works Director prior to the issuance of a building permit. The Public Works Director shall approve conceptual drainage ,flans-and-approve-r-evisions-to-suckL-plans,-if-itis-determined that by constructing in accordance with the plans: (1) Stormwater runoff shall be directed through a proper system, including driveway culverts conforming to the requirements of Chapter 930.07(1)(i), (2) Stormwater runoff shall not encroach upon adjacent properties, (3) Side slopes do not exceed a maximum of © 4 feet horizontal to 1 foot vertical, and (4) For sites that are not located in a flood hazard zone, as defined in chapter 930, the minimum finished floor elevation shall be a minimum of 18 inches above the crown of the adjacent road, unless it can be shown that the natural ground elevations provide for adequate control of runoff. For applications covering sites within a flood hazard zone, the conceptual drainage plan and proposed construction shall meet the minimum floor elevations and applicable cut and fill balance requirements, if any, found in Chapter 930, Stormwater Management. No certificate of occupancy shall be issued until a functional drainage system has been constructed that meets items (1), t2)-4--E31,anti-(-4}ltsted-above. The-P-ubli--Works-llirertor-may require construction of retaining walls, roof gutters piped to directly discharge into a swale or other outfall, underdrains, or any other facilities deemed necessary to provide adequate drainage. Section 37: Section 912.07(1)(b)6.f(I) and (II) of the Single Family Development chapter of the land development regulations is hereby amended to read as follows: Swimming pools and related structures. (I) Swimming pools. No swimming pool shall be located closer than ten (10) feet to any rear property line or rNETWe within any easement for utilities, drainage or access • (II) Special yard situations. a. On corner lots with one yard which abuts a road right-of-way classified as an arterial road on the county's thoroughfare plan map, no swimming pool shall be located closer than ten (10) feet to the property line abutting the arterial road, or rVESTAM within any easement for utilities, drai-nage oor-access • - provided that the yard adjacent to the arterial road is not the yard providing the main entrance to the lot. On lots where no rear yard, as defined in the zoning code, exists having a width at least one- half (J) the applicable minimum lot width, one side yard or side yard area may be designated by the Coding: Words in . • -. . type are deletions from existing law. Words underlined are additions. 36 SmeadSoft Reprint Date: Friday, August 23, 2013 - 12:40:24 - OffcialDocuments:646, Attachment Id 0, Page 36 ORDINANCE NO. 91-45 property owner as a "rear yard" for purposes of applying the regulations contained within this section. Section 38 : Section 913.06(5) of Subdivisions and Plats is hereby amended as follows: (5) Affidavit of exemption. An affidavit of exemption from the requirements of Chapter 913.018 may be applied for in conjunction with proposals to create parcels containing more than MIRIM two hundred thousand (200,000) sq. ft. A—.—Al-1pro jscts -meeting the following-requirement"hall be exempt from section 913.0'8 ®Required Improvements. No platting is required where no road right-of-way is to be created. 1. No affidavit of exemption development or aggregation of proposed affidavits of exemption shall be approved as an affidavit(s) of exemption if such development proposes the creation of fifty (50) or more parcels. Any proposal to create fifty (50) or more building sites via proposed development or aggregation of developments shall constitute a subdivision and shall require approval as a subdivision. All provisions of this chapter shall apply. 2. No affidavit section 911.06(4)]. j3. Each parcel resulting from the proposed division of land contains five (5) or more acres. When the tract prior to dividing is a size which is not an even multiple of five (5) acres and does not lend itself to division into lots each containing more than five (5) acres, a fractional breakdown resulting in lots of equal size not less than two hundred thousand (200,000) square feet in size qualifies for this exemption provision. JL4. If the developer elects to divide the land by filing a plat or road right-of-way is to be created, all requirements of this chapter except Section 913.081 ®Required lImprovementsL shall be JL5. The applicant deeds by donation to the county all rights-of-way necessary to comply with the minimum local road right-of-way standards and all streets created are at least the minimum street width required by section 913.09(3)(B). JL6. Where a common area(s) or private road rightist- of—way—is—created, the—owner shall establish a landowner's association and simultaneously file a declaration of covenants and restrictions, acceptable in form to the county attorney, in the public records providing for all common areas and rights -of -ways to be dedicated to the landowner's association and provisions made for their perpetual maintenance. The declaration of restrictions and plat (if applicable) shall contain the following Coding: Words in . • -•• type are deletions from existing law. Words underlined are additions. 37 SmeadSoft Reprint Date: Friday, August 23, 2013 - 12:40:24 - OffcialDocuments:646, Attachment Id 0, Page 37 ORDINANCE NO. 91 -48 - language in bold type: "The common areas and rights-of-way© are not dedicated to the public and will not be maintained, repaired nr improved by the county." JL7. The owner files a declaration of restrictions prohibiting the voluntary division of land encompassed within the project into lots that are less than four and seven eighths (4 7/8) acres in size unless such division is accomplished by filing a plat approved by the county and meeting all andards -required of subdivisi-ons— under—this chapter. JL8. The owner files an "affidavit of exemption" in the public records prior to dividing the land which shall contain: a. A legal description of the land encompassed within the project and a certified survey depicting all parcels created by the division, all private and public streets and easements; b. The book and page number of the official records of Indian River County where the items required in paragraphs ® 4, 5 and 1L6 may be found; and C. approval of -t -he publ-ic works And community development directors and the county attorney's office. Section 39: Section 913.07(5)(A) of Subdivisions and Plats is hereby amended as follows: (A) Procedure. After TRC approval of the preliminary plate (at the time the preliminary P is scheduled --for Prnicing—nd Zoning Commission consideration and approval), an applicant may apply for a land development -permit and -follow either--af the procedures identified in 913.07(5)(A) 1 or 2. No construction may commence until the applicant obtains a land development permit or land development permit waiver, pursuant to section 913.07(5)(A). The public works director is hereby authorized to waive, in writing, the requirement for a land development -permit where no improvements delineated in Section 913.09 are required or where a required improvement(s) can be provided via another application and review process. No land development permit waiver may be issued unless an initial concurrencv certificate has been issued for the project ortion to be covered by the waiver. 1. Construction before final plat approval. The applicant shall mit to the public works department cons tr plans and specifications as required in section 913.07(5)(B) of this chapter together with a request for a land development permit, or shall request a written land development permit waiver. A copy of the deed and letter of authorization from owner if different from the applicant shall accompany the request. Upon issuance of a land development permit, or written land development permit waiver, construction may commence. The Coding: Words in MeNT-3111M type are deletions from existing law. Words underlined are additions. 38 SmeadSoR Reprint Date: Friday, August 23, 2013 - 12:40:24 - OfficialDocuments:646, Attachment Id 0, Page 38 ORDINANCE NO. 91-48 i improvements required by the preliminary plat approval shall be completed prior to final plat approval, as specified in the issued land development permit or written land development permit waiver. Construction after final plat approval. Upon issuance of a land development permit or written land development permit waiver, an applicant may apply for final plat approval, contracting with the county to construct the improvements required in the land development. The contract and corresponding security as specified in section 913.10 shall be required for the performance and maintenance of all improvements which are to be constructed after -final -plat -approva-1. Section 40: Section 913.09(6)(C) of Subdivision and Plat is hereby amended as follows: (C) Access to lots: Every lot in a subdivision, except where site plan approved projects are being platted over as a land condominium or fee simple townhouse project, shall have direct vehicular access to a dedicated local or marginal access street which has been accepted and maintained by Indian River County or by a property owners' association. Access points to all single family lots shall be: a. At least--thi-r+« rznyz _t_v0)_ feet fromthe rigbt-of-way line of the nearest intersecting street; and b. At least one hundred seventy-five (175) feet from the nearest right-of-way line of the intersection of a collector or higher classification street with another collector or higher classification street. 3. Access points to non -single family lots shall conform to t ae pp icablestanch ards of sec t1 n 552 2: 4 -.—Access -to any -lot -in -a- subdivision -from an arterial -or collector street is prohibited; limited access easements shall be provided along such streets. Subdivisions will be designed to provide access to lots by use of local or marginal access streets or approved driveways (non- residential subdivisions only). JL5. Double frontage lots may only be created where they front on an access a local street and the rear of the lot is buffered as required in section 913.09(3)(c)5 of this chapter; limited access easements shall be provided along such streets. 1L6. The frontage of lots that do not abut a cul-de-sac or curves shall be greater than or equal to the applicable ---minimum—lot--width required- in the land development regulations. 077. The frontage of lots that abut cul-de-sacs or curves shall contain no less than thirty (30) feet of chord distance. Said minimum chord distance shall be deemed to satisfy lot frontage requirements. Coding: Words in • • -•• type are deletions from existing law. Words underlined are additions. 39 SmeadSok Reprint Date: Friday, August 23, 2013 - 12:40:25 - OfficialDocuments:646, Attachment Id 0, Page 39 ORDINANCE NO. 91-48 Section 4.1_ Section -9l3-05(" ) of Subdiv-i_sions and Plats is hereby amended to read as follows: (C) Divide property after December 8, 1973 by any means where a resulting lot has frontage on a dedicated public right- of-way or privatelap tted right-of-way (street) less than: 1. 60 contiguous feet, unless � exempted nder—section 913-i H ( 2 y -or uniess t -helot fronts upon a cul-de-sac or curve and meets the requirements of Section 913.09(6)(C) for properties located within the A-1, A-2, A -3, - Con -2, Con -3, RFD, and RS -1 zoning districts; and 2. the minimum lot width of the zoning distr applicable to the lot(s) created nronerties located within zoning distri other than Inose reierencea In Lne above paragraph "1." unless exempted under section 913.06(2) or unless the lot fronts upon a cul- de-sac or curve and meets the requirements of section 913.09(6)(c). Access, ingress/egress, or other easements shall not be deemed -to -constitute -a b1-cl dedicatedroad-right-of- wayunless previously dedicated to and accepted by the county. Note: parcels created between September 21, 1990 and December 4, 1991 are subject to the 60 contiguous feet (rather than a minimum lot width) frontage requirement, regardless of the zoning district in which the property is located. Section 42: Section 914.06(4)(a) is hereby amended to read as follows: (a) Application submittals. All applications for major site plans, minor site plans and administrative approvals shall include: 1 al1 -required-fees-as established -by-the Board of County Commissioners; 2. all other necessary county permit applications and information (such as right-of-way, land clearing, tree removal, stormwater, traffic impact statement or study); 3. a deed for the subject property; 4. authorizatio�rom the owner or the applicant/agent—if /agentif different from the owner; and 5. a concurrency certificate, evidence of application for a certificate, a determination by staff that the project does not require a concurrency certificate, or an acknowledgement that the applicant will apply for a concurrency certificate, The acknowledgement shall be in writing on a form nrovided by Indian River Countv. Section 43: Section 926.07(2)(b)4. of Landscape and Buffer Regulations is hereby amended to read as follows: Coding: Words ins • -. • type are deletions from existing law. Words underlined are additions. SmeadSoft Reprint Date: Friday, August 23, 2013 - 12:40:25 - OffcialDocuments:646, Attachment Id 0, Page 40 ORDINANCE NO. 91-4'8- 4, Prohibited 926.06(3) (•h); Section 44: Section 927.08 of Tree Protection and Land Clearing is hereby amended to read as follows: �lr' All mangrove alteration permits shall be governed by -tile following regulations, which shall be deemed incorporated as specia-conditions--af--the permit. 71e—removal of mangrove dead wood shall be subject to the provisions of Section 927.08(4). A violation of any these provisions shall be deemed to be unlawful and subject to all penalties provided herein: At least seventy-five (75) per cent of the canopy of any mangrove trees shall be retained. (b) No prop roots shall be damaged or removed from a red mangrove nor shall pneumatophores be damaged or removed from a black mangrove. Neither prop roots nor pneumatophores shall be buried by fill or other means. (c) On a black mangrove, there shall be no cutting or trimming below the lowest two (2) living lateral limbs, unless a significant canopy area is left at the top of the tree. (2dd) No mangrove, cuttings shall be discarded into any estuary, marsh, river, or adjacent watercourse. Pruning, removal, and location of roves ff hall be prohibited between December 1 and ib-ruwry--l5_ (•e) On red mangroves, there shall be no trimming or cutting below the lowest four (4) living lateral limbs, nor shall the outer growing ends of these lowest four (4) limbs be trimmed except for light shearing related to shaping or hedging of the tree. of the branch or limb cut, except when done with respect to the shaping of a hedge. (©g) WE Mangroves may be hedged down to a minimum height of � seven 7 feet, providing the other criteria of this section are satisfied. in In addition to the requirements of this section, the provisions of Florida Administrative Code 17-321.100, as may be amended, shall be applied. Coding: Words in • • -• • type are deletions from existing law. Words underlined are additions.. SmeadSok Reprint Date: Friday, August 23, 2013 - 12:40:25 - OfficialDocuments:646, Attachment Id 0, Page 41 ORDINANCE NO. 9 (1i) In no case shall application of the above criteria be allowed to result in the cutting of any mangrove trunk, branch, or limb at any point where the diameter of the trunk, branch or limb is equal to or greater than three (3) inches. (2) No permit shall be issued for the trimming of mangroves within any Indian River Lagoon Aquatic Preserve, unless approval has been obtained from the Florida Department o Natural Resources (FDNR). (3) Verification of. Florida Department of Environmental Regulations exemption or approval shall be provided by the applicant to the reviewing environmental planner prior -to -county -mangrove -alteration permit issuance. ret n county mgrove alteration permit shall he required for the removal of mangrove dead wood. The following provisions shall apply to dead wood removal: (a) No prop roots or pneumatophores, whether dead or alive; shall be removed or damaged. (b) The applicant or agent to perform the dead wood removal shall be required to adequately demonstrate, to the reviewing environmental planner, knowledge of distinguishing live wood from dead wood. (c) A minimum of one foot of dead wood shall be retained between each cut and remaining live mood -en -a subjectmangrove. (d) Dead wood debris shall not be Allowed to damage existing live mangroves within the area, as applicable. (e) Subsections 927.08(1)(&d), 927.08(2), and 927.08(3) of this chapter shall apply to the removal of dead wood as well as the alteration of mangrove live wood. Section 45: Section 930.07(1)(f) of the Stormwater Management and Floodplain Protection chapter of the land development regulations is hereby amended to read as follows: (f) The bottom of dry retention areas shall be sloped at a minimum .-28 to a permeable drain._ A dry detention area shall have an outlet device, and shall not be lower than the elevation of the off-site receiving channel or water body unless protected_ by a suitably designed flap gate. Coding: Words in Xfs-. type are deletions from existing law. Words underlined are additions. SmeadSoft Reprint Date: Friday, August 23, 2013 - 12:40:25 - OfficialDocuments:646, Attachment Id 0, Page 42 ORDINANCE NO. 91-48 Section -46 Section_ 930_._47_(1�_ti1l_of the-Stormwater Management and Floodplain Protection chapter of the LDRs is hereby amended to read as follows: [(i) Material Specifications for Culverts and Storm Sewers. The following pipe materials are acceptable:] 1. Reinforced concrete pipe, bituminous coated corrugated steel pipe, aluminum pipe, aluminum pipe arch, bituminous coated-structura3Jplate-stee-1-pipe, and -bituminous -coated steel pipe arch. Other pipe materials may be used, if approved for the intended use by the Florida Department of Transportation. Minimum diameter of single family residential driveway culverts shall be 12" or its cross- sectional equivalent. Section 47: Section 930.07(1)(m) of the Stormwater Management and Floodplain Protection chapter of the land development regulations is hereby amended to read as follows: (m) All stormwater facilities shall be established in dedicated stormwater management tracts, easements or specified common areas. Condominium documents, deed restrictions, or other legally binding instruments shall describe the location of such areas, specifically define the mechanism for preservation and -maintenance- o f -any -private dra-i-nage-systems-,-and-shall appoint an entity responsible for maintenance and preservation. All stormwater management tracts (not including swales) shall include a maintenance area, with a slope not steeper than 8 foot horizontal to 1 foot vertical and a minimum of 15 feet wide, completely around and outside the area submerged by the design stormwater elevation and connecting with an ingress - egress easement, or public right-of-way, a minimum of 15 feet wide, for access if lots or tracts are to be under separate ownership. Common areas properly dedicated for access and maintenance of drainage facilities will meet this requirement if an owner's association is properly established. Open channels and swales, shall = be located within an easement with a minimum 15 foot width for access and maintenance for single family residential developments. For single family residential development, -retention and 4etenticn facilities above and below the designed high water elevation shall be graded to slopes not steeper than 4 foot horizontal to 1 foot vertical, or a properly designed retaining wall shall be used. On all other developments maximum slopes will be 2 horizontal to 1 vertical for swales less than or equal to 1 foot deep and 3 horizontal to 1 vertical for all swales more than 1 foot deep. Dry retention slopes and wet retention slopes above the design low water elevation shall be grassed or otherwise stabilized. Mention or det—ention ponds with any area having more than two feet of water at design storm or permanent pool with the exception of ponds, or lakes, in golf courses, public parks or in developments in which the pond, or lake is designed to serve as an aesthetic amenity to the development, shall be fenced with a minimum 4 foot high fence. Section 48: Section 9-30.05(3) of the Stormwater Management and Flood Protection chapter of the land development regulations is hereby established and shall read as follows: Coding: Words in . -. • type are deletions from existing law. Words underlined are additions. 43 SmeadSoft Reprint Date: Friday, August 23, 2013 - 12:40:25 - OffcialDocuments:646, Attachment Id 0, Page 43 ORDINANCE NO. 91-48:' Section 49: Section 930.07(2)(d) of the Stormwater Management and Floodplain Protection of the land development regulations is hereby amended to read as follows: An equal volume of storage capacity must be created for an volume of the base flood that would be displaced by fill or structures except for the following instances: Those development projects within the IOD -year -floodplain along the Indian River when granted a waiver from the cut and fill balance requirements by the Board of County Commissioners. In the 100 year floodplain of the Indian River an equal volume of storage capacity must be created by fill or structures below elevation 4.0 feet NGVD, or _FEMA, whichever is greater. The Board of County Commissioners may, in its discretion, grant a waiver from the provisions of this subsection upon the affirmative showing of the applicant, by means of a competent engineering study, that the development project is Coding: Words in • • -• • type are deletions from existing law. Words underlined are additions. smeadsoft Reprint Date: Friday, August 23, 2013 - 12:40:26 - OffcialDocuments:646, Attachment Id 0, Page 44 ORDINANCE NO. 91-481 situated in an estuarine environment and that the development project, as designed, will meet all other requirements of the Stormwater Management and Flood Protection Chapter and will not create a material adverse impact on—flood--protection- on— other—lands in the estuarine environment. 2. For subdivided lots of less than one acre in area that existed prior to July 1, 1990. At such time as the County may create or cause to be brought into existence a storm water utility, or other entity charged with managing drainage concerns the requirements of this section will apply for lots less than one acre in area existing -prior to -July 1, 1990, if the -utility -or entity has the authority to compensate for fill added in flood plains by administering a program that causes compensation for fill added on individual lots to be mitigated by contribution to an off site mitigation fund for a central facility, or facilities, owned by the County, the stormwater utility, or other entity. 3. Those development projects, located in the St. John's Marsh and within either the Terra Ceia, Holopaw, Delray, Canova, Gator, or Floridan soil types (as described in the Unites States Department of Agriculture Soil Conservation Service soil survey of Indian River County, latest edition) for which a cut and fill waiver has been granted by the Board of County Commissioners. The Board of County Commissioners may, in its discretion, grant a waiver from the provisions of this subsection upon the a firmati-ve—show ing of- the applicant,, --by— means—of a competent engineering study, that the development project, as designed, will meet all other requirements of the Stormwater Management and Flood Protection Chapter and will not create a material adverse impact on flood protection. 4. Development located within the Vero Lake Estates Municipal Services Taxing Unit as referenced in ordinance No. 84-81, for which a cut and fill waiver has been granted by the Board of County Commissioners. The Board of County Commissioners may, in its discretion, grant a wavier from the provisions of this subsection upon the affirmative showing of the applicant, by means of a competent engineering study, that the development project, as designed, will meet all other requirements of the Stormwater Management and Flood Protection Chapter and -will not create- a material adverse_ impact on flood protection. No structure or fill shall be permitted within the limits of the floodwav of the St. Sebastian River, South Prong except as provided by 930.07(2)(b)13.c. Coding: Words in • - • type are deletions from existing law. Words underlined are additions. 45 SmeadSoft Reprint Date: Friday, August 23, 2013 - 12:40:26 - OffcialDocuments:646, Attachment Id 0, Page 45 ORDINANCE NO. 91-49, Section 50: The introductory table of contents of Chapter 931 of Wellfield and Aquifer Protection is hereby amended to read to follows: Chapter 931 Wellfield and Aquifer Protection Sec. 931.01 Short, Title, Applicability Sec. 931.02 Legislative Intent Sec. 931,03 Definitions Sec. 931.04 Maps of Public Water Supply Wells Sec. 931.05 Prohibited Activities Sec. 931.06 Protection of Future Public Water Supply Well Sites Sec. 931.07 Exemptions Sec. 931.08 Surficial Aquifer Primary Recharge Overlay District Sec. 931.09 REDEEM* -• a•• RETWIRMITIVArtesian Flow Wells Sec. 931.10 Enforcement and Penalties Section 51: Section 931.09 of Wellfield and Aquifer Protection is hereby amended—to—read—as fall-ows-: 09 Abandoned Flow 6de11 Plugging Requirements Artesian Flow Wells (1) The plugging of abandoned artesian flow wells shall be required on development project property in conjunction with county site plan and subdivision approval. ll The use of Floridan aquifer artesian flow wells to recharge new artificially created surface waterbodies in conjunction with urban development shall be prohibited, except for four inch (411) or less diameter wells with working valves approved by the St. Johns River Water Management District. Section 52: Section 932.07(1) of Coastal Management is hereby amended to read as follows: Restrictions upon regularly moored watercraft; maintenance. Watercraft shall not be regularly moored along any shore without consent of the riparian land owner. Regularly moored watercraft shall not be used as • - • live -aboard vessels, offices or commercial enterprises except in commercial marinas with approval and facilities for that purpose. •• • • • •• • • . • • • • • Regularly moored watercraft shall be kept in seaworthy condition when not in a permitted repair area. The mooring of live -aboard vessels (as defined in Chapter 901) in commercial marinas shall be limited to those boat slips designated for live -aboard vessels use on an approved site plan meeting the provisions described in Section 971.35(3). Section 53: Section 932.06(4) of the Coastal Management Chapter is hereby amended to read as follows: Coding: Words in • . -•• type are deletions from existing law. Words underlined are additions. SmeadSoft Reprint Date: Friday, August 23, 2013 - 12:40:26 - OffcialDocuments:646, Attachment Id 0, Page 46 ORDINANCE NO. 91-48` Vehicles prohibited seaward -of dune stab-il z_a-tion line-; _ex-c_eption. Except as expressly provided in subsection (5), it shall be unlawful for any person to operate, drive or propel any truck, tractor, bulldozer, grader, crane, automobile, motorcycle, dune buggy, moped, minibike, all -terrain cycle, or any other vehicle seaward of the county dune stabilization setback line excluding, however,, any of the aforementioned vehicles when operated by an officer of any agency of the state or in the furtherance of official duties, or those operations which have received the express-authorization-of-th�--bo-ard-of-cotrnty commis-sioners. The parking or storage of automobiles, =, trailers, motor homes, recreation and like vehicles is prohibited seaward of the dune stabilization setback line (DSSL.)Boats may be stored seaward of the dune stabilization setback line if stored located, and moved in a manner that does not disturbM, damage or manner that does not interfere with the natural reestapiisnment or the dune or associated dune vegetation.• V13—UXI, • subject to the requirements of section 911.15(7). However, boats stored in accordance with the requirements of this Section by or with the permission of the abutting upland land owner, shall be exempt from the requirements of Section 911.15(7)(b)1 and Section 54-: Sect -ion -9-34 0-5-of---Excavatian-and-Mining is hereby amended as follows: Any excavation or mining activity in the unincorporated county which results in the creation or expansion of a waterbody (as defined in Chapter 901) greater than . - - one-half acre in size shall be subject of the following standards, except as specifically exempted in Section 934.04 of this chapter: 1) A littoral zoned shall be established as part of the created waterbody. A design and management plan must be submitted which shall: (a) Include a topographic map of the proposed littoral zoned showing the control elevation contour and the minus two -and -one -half -foot (2 1/21) control water elevation contour, and inc-lade a- cross -sec-tuna-1-view of the-li-ttoral zone(s)_ planting design, showing the required slopes from the top of the bank to a depth of two and one-half (2 1/2) feet below the control water elevation; (b) Specify how vegetation is to be established, including the extent, method, type and timing of any planting provided; (c) Provide a description of any water management procedures to be followed in order to ensure the continued viability and health of the littoral zones; (d) Include a plan view which documents the location and extent of the littoral zones, -including-the-percentage-of the waterbody surface area (at control elevation) covered by vegetated littoral zones. Coding: Words in OWN= • type are deletions from existing law. Words underlined are additions. SmeadSoft Reprint Date: Friday, August 23, 2013 - 12:40:27 - OfficialDocuments:646, Attachment Id 0, Page 47 ORDINANCE NO. 91-4z$ (2) The established littoral zones shall consist of native vegetation, and shall be maintained permanently as part of the waterbody. All landscaping, littoral zone revegetation plans and lake management plans shall comply with St. John River Water Management District rules. (3) Within extended littoral zone shelves (at the landward ase-o#-the—littoral—zone side—elopes)-, the-applicant—is required to provide a minimum of one tree for every five hundred (500) square feet of littoral zone coverage. The proposed trees must be a minimum size consistent with Florida Division of Forestry seedlings (ten (10) inches tall at planting depth) and consist of native, freshwater wetland varieties (e.g. red bay, red maple, bald cypress). (4) The slopes of the waterbody areas from top of bank to the littoral zone area shall not exceed one (1) foot vertical to three (3) feet horizontal. Littoral zones and extended littoral zone shelves shall be located within an area bounded by a landward limit of one (1) foot above the control water elevation and a waterward limit of two and one-half (2 1/2) feet to four (4) feet below the control water elevation. . .U164FIM IN Me rd I M T1171-3 - At least thirty (30) percent of the waterbody surface area shall consist of a littoral zone. The thirty percent is calculated based on the ratio of vegetated littoral zone to surface area of the waterbody at the control elevation. Within the planted littoral zone(s) area(s), Uthe littoral zone slope shall not be steeper than an average slope of one (1) foot vertical to six (6) feet horizontal, and the littoral zone need not be established in a continuous band around the waterbody. Although no minimum slope below the littoral zone is required, the slope below the littoral zone shall be constructed so that natural soil movement will not reduce the littoral zone area. (5) There will be no significant adverse off-site impact on groundwater -quality -or groundwater levels_. In the event of. dewatering associated with excavations (including mining), the applicant shall present evidence that no salt -water intrusion and/or reduction in quality or quantity of well. water available to properties within one-fourth (1/4) mile of the permitted activity will occur. (6) The water management system, including swales and interco�dwetlandsand lakes, mustbeee�pecifically designed to inhibit siltation and eutrophication processes. To ensure this, the applicant must submit an environmental management and lake monitoring plan, specifying the method for monitoring the system and corrective actions should eutrophication and/or siltation occur. (7)- R MM fifteen foot -wide access maintenance easement shall be provided for every one thousand (1,000) feet of shoreline. This easement shall extend from below control elevation of the lake to a public or private road right- of-way. Coding: Words ins - . type are deletions from existing law. Words underlined are additions. SmeadSoft Reprint Date: Friday, August 23, 2013 - 12:40:27 - OffcialDocuments:646, Attachment Id 0, Page 48 r ORDINANCE NO. 91-48 The littoral zone will be considered as full credit towards the 2:1 mitigation ratio for freshwater emergent wetlands; (ref. Chapter 928, Wetland and Deepwater Habitat-Protection). Section 55: The subsection entitled "Right -of -Way Dedication or Acquisition" of Section 952.08(1) of Chapter 952, Traffic is hereby amended to read as follows: (1) Right of Way Dedication or Acquisition For -a -ll:-- pro j-ects-requiring-an-Indian-River-County-development order, except for an order to develop a single family residence, the land lying within the proposed development which is necessary to widen or extend roadways to the standards designated in the Indian River County Thoroughfare Plan and implementing Right -of -Way Width table, or to provide adequate land area for utilities, sidewalks and/or bikepaths shall be transferred to the county as specified in this section, by the applicant prior to the release of the site plan, preliminary plat approval, or building permit issuance, as appropriate. The county shall compensate the property owner for the right-of-way transfer unless the right-of-way is needed because of a site related impact. Coding: Words in X• -• • type are deletions from existing law. Words underlined are additions. 49 SmeadSoft Reprint Date: Friday, August 23, 2013 - 12:40:27 - OffcialDocuments:646, Attachment Id 0, Page 49 ORDINANCE NO. 91-48 Section 56: The Traffic Impact Study Development Size Data Table of the Traffic Chapter (952) of the Land Development Regulations is hereby amended to read as follows: TRAFFIC IMPACT STUDY DEVELOPMENT SIZE DATA TABLE Max # of Max # of Units No Units No ITE Land Development Activity Indep. (<1000 (<1000 Code (LDA) Variable Trips) Trips) 210 Single Family DW. Unit 9.0 98.0 221 Multi -Family DW. Unit M 116.0 162.0 240 Mobile Home DW. Unit 20.0 208.0 252 ACLF 1000 SF 35.0 356.0 710 General Office 0-49,999SF 1000 SF 6.0 60.0 720 Medical Office 1000 SF 2.0 24.0- 760 Research Center 1000 SF : 116.0 162.0 110 General Industrial 1000 SF 14.0 142.0 130 Industrial Park 1000 SF 14.0 142.0 140 Manufacturing 1000 SF 26.0 262.0 150 Warehousing 1000 SF 20.0 204.0 151 Mini -Warehousing 1000 SF 38.0 384.0 610 Hospital Bed 8.0 84.0 - 620---Nursing-Home Bed 3R_0- 384-.0 630 Clinic 1000 SF 3.0 32.0 310 Hotel Room 11.0 110.0 320 Motel Room 9.0 98.0 330 Resort Hotel Room 5.0 54.0 400 General Recreation Acre 27.0 276.0 420 Marina Berth 33.0 332.0 492 Racquet Club 1000 SF 6.0 62.0 430 Golf Course Pkg Space 15.0 150.0 .831 Quality Restaurant 1000 SF 1.0 10-.0 832 Sit -Down Restaurant 1000 SF 0.0 4.0 834 Drive -In Restaurant 1000 SF 0.0 0.0 815 Discount Store 1000 SF 1.0 14.0 818 Hardware/Paint Store 1000 SF 1.0 18.0 841 New Nd Used Car Sales 1000 SF 2.0 22.0 846 Car Wash 1000 SF 0.0 6.0 844 SVC STN W/Repr and Convn. Pump 0.0 6.0 <800s -f - 850 Supermarket 1000 SF 0.0 8.0 851 Convenience Market <3000SF Store 0.0 0.0 851 Convenience Market> 3000SF 1000 SF 0.0 0.0 820 Commercial <100,000SF 1000 SF 1.0 10.0 911 Bank (Walk -In) 1000 SF 0.0 4.0 912 Bank (Drive -In) 1000 SF 0.0 2.0 913 Savings and Loan (Walk -In) 1000 SF 1.0 16.0 914 Savings and Loan (Drive -In) 1000 SF 1.0 12.0 56(Y --Church (Without School) 1000 -SF 12-0128.-0 590 Library 1000 SF 2.0 20.0 565 Day Care Center 1000 SF 1.0 14.0 520 Elementary School Student 100.0 1000.0 530 High School Student 71.0 714.0 540 Jr/Community College Student 62.0 624.0 550 University Student 41.0 416.0 22 Airport Flight 12.0 120.0 410 Park Acre 2.0 26.0 230 Condominium DW. Unit 16.0 168.0 732 U.S. Post Office 1000 SF 1.0 10.0 444 Movie Theater Screen 0.0 6.0 (1) Budget -Style Motel Room 21.0 212.0 Coding: Words in . . -. . type are deletions from existing law. Words underlined are additions. SmeadSoft Reprint Date: Friday, August 23, 2013 - 12:40:27 - OffcialDocuments:646, Attachment Id 0, Page 50 ORDINANCE NO. 91-48 (1) Veterinary Clinic 1000 SF 3.0 30.0 Max # of Max # of Units No Units No TIS (2) TIA (3) ITE Land Development Activity Indep. (<100 (<1000 Code (LDA) Variable Trips) Trips) (1) Efficiency Apt/Motel Room 20.0 200.0 ------(1j--Auto Repa-ir/Detailincj---1000-SF3,34,-0 (1) No ITE code pertaining to these (2) TIS=Traffic Impact Statement (3) TIA=Traffic Impact Analysis. A 1000 trips if segment meets the 70' Sec. 952.07 of this chapter. r land use activities TIA will be required for 500 - threshold factor outlined in - - -57: - - - Section The Trip Rate,/and Percent New Trips -Data Table o the Traffic Chapter (952) of ttie Land Development Regulations is hereby amended to read as follows: r TRIP RATE AND PERCENT NEW TRIPS DATA TABLE ITE Land. Development Activity Indep. Trip New Code (LDA) variable Rate Trips 210 Single -Family DW. Unit 10.1 1008 221 Multi -Family DW. Unit 6.1 100% 240 Mobile Home DW. Unit 4.8 1008 252 ACLF 1000 SF 2.8 748 710 General Office 0-49,999SF 1000 SF 16.3 928 710 General Office 50-149,999SF 1000 SF 13.7 928 710 General Office 150-299,999SF 1000 SF 11.5 928 710 General Ece 300-599,999SF IDOO 5F 10.4 92% 710 General Office 600-799,999SF 1000 SF 8.4 928 710 General Office > 800,000 SF 1000 SF 8.2 928 720 Medical Office 1000 SF 39.9 778 760 Research Center 1000 SF 6.1 928 110 General Industrial 1000 SF 7.0 928 130 Industrial Park 1000 SF 7.0 928 140 Manufacturing 1000 SF 3.8 928 -50 Warehousing- 1000 -SF 4_.9 92% 151 Mini -Warehousing 1000 SF 2.6 928 610 HospitalETI Bed 11.8 778 620 Nursing Home Bed 2.6 758 630 Clinic Bed 30.4 928 310 Hotel Room 9.0 718 320 Motel Room 10.2 598 330 Resort Hotel Room 18.4 758 400 General Recreation '•• Acre 3.6 908 4Z Marina - Berth �-0 901 492 Racquet Club 00 SF •III 15.9 758 430 Golf Course Pk S . 6.6 908 831 Quality Restaurant • • 1000SF 96.8 828 832 Sit -Down Restaurant 1000 SF 177.4 798 834 Drive-in Restaurant 1000 SF 622.0 548 815 Discount Store 1000 SF 71.2 618 818 Hardware/Paint Store 1000 SF 51.3 408 841 New and Used Car Sales 1000 SF 43.0 798 846 Car Wash 1000 SF 151.2 678 844 SVC Station w/rep & conv.<800SF Pump 133.8 238 851 Supermarket 1000 SF 120.7 .538 851 Convenience Market <3,000SF Store 1762.9 258 Coding: Words in . • -• • type are deletions from existing law. Words underlined are additions. SmeadSoft Reprint Date: Friday, August 23, 2013 - 12:40:28 - OffcialDocuments:646, Attachment Id 0, Page 51 ORDINANCE NO. 91-48 820 Convenience Market>=3000 SF 1000 SF 887.1 258 820 Commercial < 100,000 SF 1000 SF 94.7 498 ITE Land Development Activity Indep. Trip New Code (LDA) Variable Rate Trips 820 Commercial 100,000-199,999SF 1000 SF 74.3 638 820 Commercial 200,000-299,999SF 1000 SF 58.9 758 820 Commercial 300,000-399,999SF 1000 SF 48.3 798 820 Commercial 400,000-499,999SF 1000 SF 43.0 808 820 Commereiai—rG0,-0G&-94},99-JSF 140- -SF 37.7 818 820 Commercial>1,000,000 SF 1000 SF 33.4 818 911 Bank (walk-in) 1000 SF 190.0 808 912 Bank (Drive-in) 1000 SF 276.7 618 913 Savings and Loan (walk-in) 1000 SF 61.0 808 914 Savings and Loan (Drive-in) 1000 SF 74.2 618 560 Church (without school) 1000 SF 7.7 908 590 Library 1000 SF 45.5 908 565 Day Care Center 1000 SF 67.0 748 520 Elementary School Student 1.0 M 530 High School Student 1.4 908 540 Jr/Community College Student 1.6 908 550 University Student 2.4 908 22 Airport Flight 8.3 908 410 Park Acre 36.5 908 230 Condominium DW. Unit 5.9 1008 732 U.S. Post Office 1000 SF 86.8 258 444 Mov-ie Theater Screen ?32-.-0-858 (1) Budget -Style Motel Room 4.7 858 (1) Veterinary Clinic 1000 SF 32.8 '• 70% (1) Efficiency Apt/Motel Room 5u0 598 (1) Auto Repair/Detailing 1000 SF 28.4 838 (1) No ITE code pertaining to these land use activities Note: Institute of Transportation Engineers (ITE) Trip Generation Manual, current edition should be used for determining peak hour projections and distributions. Coding: Words in . • -.a type are deletions from existing law. Words underlined are additions. SmeadSoft Reprint Date: Friday, August 23, 2013 - 12:40:28 - OffcialDocuments:646, Attachment Id 0, Page 52 ORDINANCE NO. 91-48 %bm 53 Te *ific Tm4fae Hal Ral a# -(ft o` tte Taffic d4tx P o` tte Iad %dQmt Regulations is hereby amended to read as follows: FACILITY THOROUGHFARE RM RN P UTM RMEET]I11 RN FROM St AIA, Bead Ch In CR 5D SR AIA O610 Vro City Lire OR AA St Ali SR AlA IRB IRB I-95 U 1 TO M 3Y 0 N o`. O'fiU 120 30' 800' S. of aW D I N d i r St 8) Ihh Staff 1A M SmEt '80 City lire 1�D Vero City Line St. Lucie Co. North US 1 SR 60 Balad Hyl 3Y SIT S d BMW Hyl 81Y S &N d MS: 120 200 SR 60 S. US 1 200 150 Brevard Co. Line St. Lucie Co. 300 Bmd O IT ® z amft & IW Cly Ith - 3) FACILITY THOROUGHFARE HIN RN AIEMM RMBI I RW FROM TO Roseld Rd. US 1 0.6 mi west 120 P.oseld Rd0 6 12 120 CR512 US 1 Roseland Rd. 200 CR512 Roseland Rd. I-95 200 R/W to cane frau N. side CR512 I-95 Fellsmere 100 CR512 Fellsmere SR 60 100 CR510 SR AlA US 1 160 CR510 US 1 66th Ave 160 CR510 66th Ave CR512 160 CR507 CR512 Brevard Co. Line 80 SR 60 SR AlA Im 130 SR 60 ICWW Indian River Blvd. 130 SR 60 Indian River Blvd. 20th Ave 140 Twin Pairs SR 60 20th Ave 58th Ave 130 SR 60 58th Ave 82nd Ave 200 SR 60 82nd Ave I-95 200 SR 60 I-95 Osceola Co. 200 M & St Alk Mm Mw Bhd Id) 37 AR ad IIB hm (8D' 17th St. Indian River Blvd. Old Dixie Hwy 120 30' at USl 16th St. Old Dixie Hwy. 27th Ave 80 20' at 20th Ave ]Rh & 27th Ae -th Ae 8) 2D' & 27th Aa/43td AeS Ae 16th St. 98th Ave 102nd Ave 80 12th St. Indian River Blvd. US 1 100 30' at IRB, US 1 Coding: Words in ERROR • type are deletions from existing law. Words underlined are additions. SmeadSok Reprint Date: Friday, August 23, 2013 - 12:40:28 - OfficialDocuments:646, Attachment Id 0, Page 53 at M2 (S' Nath & S]til) im ;6; %&•g utmpnMd - 2Y P.E1ad M (3D' Nith & &t4 LS i— am Md ft rn When- Am v at -am (`n, $t� N LB 1 53rd St. 41st St. 160 20' at 41st St. (500' South) US 1 41st St. SR 60 120 LF 1 SR 60 3Bth Plain 70 30' at 37th St. (500' N. & S.) US 1 SR 60 4th St. 120 US 1 4th St. Oslo Road 160 US 1 Oslo Road St. Lucie Co. 160 con't... SPE= TK103M PLM RID (I-WAY 1 ELLE FACILITY THOROUGHFARE HIN RN AIEMM RMBI I RW FROM TO Roseld Rd. US 1 0.6 mi west 120 P.oseld Rd0 6 12 120 CR512 US 1 Roseland Rd. 200 CR512 Roseland Rd. I-95 200 R/W to cane frau N. side CR512 I-95 Fellsmere 100 CR512 Fellsmere SR 60 100 CR510 SR AlA US 1 160 CR510 US 1 66th Ave 160 CR510 66th Ave CR512 160 CR507 CR512 Brevard Co. Line 80 SR 60 SR AlA Im 130 SR 60 ICWW Indian River Blvd. 130 SR 60 Indian River Blvd. 20th Ave 140 Twin Pairs SR 60 20th Ave 58th Ave 130 SR 60 58th Ave 82nd Ave 200 SR 60 82nd Ave I-95 200 SR 60 I-95 Osceola Co. 200 M & St Alk Mm Mw Bhd Id) 37 AR ad IIB hm (8D' 17th St. Indian River Blvd. Old Dixie Hwy 120 30' at USl 16th St. Old Dixie Hwy. 27th Ave 80 20' at 20th Ave ]Rh & 27th Ae -th Ae 8) 2D' & 27th Aa/43td AeS Ae 16th St. 98th Ave 102nd Ave 80 12th St. Indian River Blvd. US 1 100 30' at IRB, US 1 Coding: Words in ERROR • type are deletions from existing law. Words underlined are additions. SmeadSok Reprint Date: Friday, August 23, 2013 - 12:40:28 - OfficialDocuments:646, Attachment Id 0, Page 53 D 0 O w a a U > w 1 4 M '4 U 4) a r m zN w U 4 z N Q a 0 '4 N 4i UI 44JJ a O E SmeadSoft Reprint Date: Friday, August 23, 2013 - 12:40:28 - OFfcialDocuments:646, Attachment Id 0, Page 54 4.) 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M rov 0 E - A +1 N +� M I� '•I O00V V HN'4'lN a ,0 ro z m H ]m W1 H A a b m4 E 3 v q w q O to E b 3 H a O W a a F4 Z x a � a D 0 w a ao a x w F x O a O x F c H �r w 1 H '+ U O,W UI O z w U a z H Q a O A 0 U oto O 00000 ODM O ODC wow H H '•i v > x as a xxx � •.i NNN a > > x x x > a �QQA� ro� 0 4 9 9 4 •.� A � x x by ++b+� MM F Hut ,7 ('4OOON SmeadSoft Reprint Date: Friday, August 23, 2013 - 12:40:29 - OFfcialDocuments:646, Attachment Id 0, Page 56 0 3 ro rn LO q N x d 0 k w N a 0 .,1 4j m d b m N ro m 4J M as a aaaaa a ++A 4 0 4 9 9 4 W ow w MMNNd' MM In M0100wll 333 33mNN wm 4j AAMMW U). M U] UI N N +1 11 +1 N +� M I� '•I O00V V HN'4'lN SmeadSoft Reprint Date: Friday, August 23, 2013 - 12:40:29 - OFfcialDocuments:646, Attachment Id 0, Page 56 0 3 ro rn LO q N x d 0 k w N a 0 .,1 4j m d b m N ro m 4J M ORDINANCE NO. 91-4CS Section 59 "Se _ction 954_.07(l) Dlmensional _Standards and Design Criteria:" is hereby amended to read as follows: (1) Minimum Standards. The minimum dimensions for standard parking spaces shall be as delineated in table A. Table A also sets the required minimum aisle widths and module widths. Table A- Parking Space Dimensions Angle Stall Stall Stall Aisle Modules modules Width Depth Depth Width Interlock Wall to to Wall to to Wall interlock Interlock 45 9.0' 19.5' 16.5' 12' 45' 51' 9.5' 19.5' 16.5' 12' 45' 51' 60 9.0' 20.5' 18.5' 16' 53' 57' 9.5 20.5' 18.5' 16' 53' 57' 75 9.0' 20' 19' 20' 58' 60' 9.5'th at aisle is measured. A. Depicts how minimum stall width is measured. B. Depicts how minimum aisle width is measured. C. Depicts how minimum corridor space depth is measured. D. Depicts how minimum stall depth is measured. E. Depicts how minimum stall width at aisle is measured. F. Depicts how minimum wall to wall module is measured. G. Depicts how minimum interlocking module is measured. F. Depicts how minimum wall to wall module is measured._ G. Depicts how minimum interlocking module is measured. Section 60: Section 954.07 (3) is hereby amended to read as follows Standards for Compact and Parallel Spaces: a. Up to twenty percent (208) of the required parking for any site may be provided as compact spaces. b. Compact spaces shall be located so as to minimize hazardous parking or maneuvering situations if improperly used by larger vehicles. c. Compact spaces shall have a maximum stall length of seventeen (17) feet, a minimum width of eight (8) feet, and a minimum stall length of fifteen (15) feet. d. Parallel spaces shall have minimum dimensions of eight (8) feet by twenty-three (23) feet. Section 61: Section 954.05(35) of off-street parking is hereby amended to read as follows: (35- -Marinas, 8ne-�1) space—per threehundred(300)—square feet of principal building area plus one (1) space per three (3) boat storage spaces or slips and one (1) space per boat slip designated for live -aboard vessel use. Coding: Words in RESET11 e type are deletions from existing law. Words underlined are additions. SmeadSoft Reprint Date: Friday, August 23, 2013 - 12:40:29 - OffcialDocuments:646, Attachment Id 0, Page 57 ORDINANCE NO. 91-48 Section 62: The table of contents found in Section 971.06 of Specific Land Use Criteria is deleted in its entirety and is replaced to hereby read as follows: Use Section Accessory Housing for Ni htwatchmen........... 971.4-1 r dul "nt-L-rta-inment Businesses Agricultural Businesses (excluding whole...... 971.08(1) saling & processing) Agricultural Industries.. 971.08(2) Agricultural Research Facilities .............. 971.08(3) Airports and Airstrips.. 971.43(1) Appliance Store.. 971.42(2) Aquaculture.. 971.08(4) Auction Facilities, Unenclosed. 971.42(1) Automotive Fluids, Products, Sales & Service Other Than Gasoline.. 971.45(1) Automotive Fuel Sales.. 971.45(2) Barber Shop.. 971.13(3) Bars and Lounges.. 971.21(1) Beauty o Bed and Breakfast Establishments .............. 971.41(2) Boarding Houses.. 971.41(3) Boat Sales and Rentals.-- 971.35(1) Rnnk and-Card—Stores- Bottle Clubs. 971.21(2) Building Material Sales and Lumberyards....... 971.12(1) Carry out Restaurants and Restaurants......... 971.21(3) Excluding Curb Service, Drive -In, Drive - Through and Similar Type Establishments Cemeteries.. 971.28(8) Child Care and Adult Care Facilities.......... 971.28(1) Civic and Social Membership Organizations..... 971.28(2) Coding: Words in • • ••• type are deletions from existing law. Words underlined are additions. SmeadSok Reprint Date: Friday, August 23, 2013 - 12:40:29 - OfficialDocuments:646, Attachment Id 0, Page 58 ORDINANCE NO. 91 -4& - Section Colleges/Universities.. 971.14(7) Commercial Fisheries .......................... 971.35(2) Commercial Hunting and Fishing Lodges......... 971.4 (-4) Commercial -4 nas.. Communitv Centers ............................. 971.14(1) Correctional Institutions.. 971.14(2) ................... Country Clubs.. 971.40(l) Cultural or Civic Facility .................... 971.14(3) nairy Farmina................................. 971.08(5 Demolition Debris Sites.. 971.27(1) Department Store, Furniture and ............... 971.42(2) Appliance Sales, Showroom Catalog Stores and Variety Store Driving Ranges. 971.11(1) Drug Stores.. 971.42(3) Dude Ranch .................................... 971.40(2) Educational Centers, including.... 971.14(4) ............ Primary and Secondary schools Emergency Services.. 971.14(5) Fish Farms .................................... 971.08(6) Flea Market ................................... 971.42(4 Florist ....................................... 971.13(3 Fruit and Vegetable Juice Extraction and...... 971.26(1) Packing Houses Fruit and Vegetable Stands.. 971.13(1) Furniture Store.. 971.42(2) Garment Pressing.. 971.13(3) Gasoline Service Stations.. 971.45(3) ................... Gift Stores.. 971.13(3) ................................. Golf Courses and Accessory Facilities......... 971.40(3) Governmental Administrative Building.......... 971.14(6) Group Homes: Levels I, II, III, and.......... 971.28(3) Residential Centers Guest Cottages and Servant Quarters........... 971.41(4) Coding: Words in rolreTATERM type are deletions from existing law. Words underlined are additions. SmeadSok Reprint Date: Friday, August 23, 2013 - 12:40:30 - OfficialDocuments:646, Attachment Id 0, Page 59 ORDINANCE NO. 91-48 Use Section_ Health and Fitness Clubs.. 971.10(1) Heliports and Helipads.. 971.43(2) Homes for the Aged, including Nursing......... 971.28(4) Homes, Rest Homes, and Convalescent Homes Junk- and -Salvage -Yards.. - . -371 27-(-2-) Kennel or Animal Boarding Place, Commercial... 971.08(7) Kennel or Animal Boarding Place, Non -Comm. . 971.08(8) Laundry/Laundromat.. 971.13(3) Libraries.. 971.14(8) Major Sports and Recreation Areas and.......... 971.40(5) Facilities Marine Repair and Service.. 971.35(4) Miniature Golf Courses.. 971.11(2) Mining... :: —v— .-l— -- , I ............. ... 97L-22-(-I-)- Mobile Homes.. 971.41(5) Mobile Home Trailer Sales.. 971.45(4) Model Mobile Home Display.. 971.24(1) Multiple Family Dwellings.. 971.41(6) News Stands. 971.13(3) Nurseries and Greenhouses, Non -Commercial...... 971.08(9) Off -Road Vehicle Tracks.. 971.40(6) Optical Goods.. 971.13(3) Outdoor Storage (Unenclosed). 971.12(2) Parks and Playgrounds Open to the Public....... 971.40(7) Photographic Studios.. 971.13(3) Places of Worship.. 971.28(5) Public Mfv-ate Multi -slip Facilities..:......-. —.971.4018) Recreational Vehicle Sales.. 971.45(6) Recycling Centers.., 971.26(2) Residential Treatment Centers.. 971.28(6) ................ Retreats and �.. 971.40(11) Self -Service Storage Facilities.. 971.12(3) Shoe Repair. 971.13(3) Coding: Words in .. -. . type are deletions from existing law. Words underlined are additions. SmeadSoft Reprint Date: Friday, August 23, 2013 - 12:40:30 - OffcialDocuments:646, Attachment Id 0, Page 60 ORDINANCE NO. 91-48 Use Section Single -Family Docks Constructed Prior to....... 971.41(7) Construction of a Principal Single -Family Dwelling Unit Sludge -Spreading. 971.08(10) Specialty Farms.. 971.08(11) Stables, Non -Commercial.. 971.08(121 Subdivisions with Special Sideyards........... 971.41(8)_ Tenant Dwellings.. 971.08(13) Tennis Clubs and Beach Clubs.. 971.40(9) Total Care Facilities.. 971.28(7) Transmission Towers (Radio, TV and Microwave)..971.44(1) Unenclosed Amusements, Excluding Miniature.... 971.11(3) Golf Courses and Driving Ranges Uses and Structures accessory to OCR ......... 971.13(3) projects - Used Vehicle Sales.. 971.45(5) Utilities, Public and Private - Heavy......... 971.44(2) Utilities, Public and Private - Limited....... 971.44(3) Veterinary Clinic or Animal Hospital.......... 971.13(2) Yacht Clubs.. 971.40(111 Section 63: Section 971.08(8)(a) of Specific Land Use Criteria is hereby amended to read as follows: (8) Kennel and Animal Boarding Places, Noncommercial (Administrative -Permit -)-.- (a) Districts requiring ADMINISTRATIVE PERMIT approval, (pursuant to the provisions of 971.04): 0 RS -1 RS -2 RS -3 RS -6 Section 64: Section 971.12(1)(a) of Specific Land Use Criteria is hereby amemm a to read as follows: (1) Building Material Sales and Lumberyards (Administrative Permit). (a) Districts requiring ADMINISTRATIVE PERMIT approval, (pursuant to the provisions of 971.04): Coding: Words in • -• • type are deletions from existing law. Words underlined are additions. 61 smead5oft Reprint Date: Friday, August 23, 2013 - 12:40:30 - OffcialDocuments:646, Attachment Id 0, Page 61 ORDINANCE N0, 91-49 Section- 65: Section 97.1.14(4_) (a_� of Specific Land Use Criteria is hereby amended to read as follows: (4) Educational Centers Including Schools, Primary and Secondary (not including Business and Vocational Schools) (Special Exception) (a) Districts requiring SPECIAL EXCEPTION (pursuant to the provisions of 971.05): A-1 A-2 A-3 RFD RS -1 RS -2 RS -3 RS -6 RT -6 RM -3 RM -4 RM -6 RM -8 RM -10 ROSE -4 OCR MED CN CL CG ® Con -1 Con -2 RMH-6 RMH-8 Con -3 Section 66: Section 971.14(6)(a) and (b) of Specific Land Use Criteria is hereby amended to read as fal-lows: (6) Governmental Administration Building (Administrative Permit and Special Exception) (a) Districts requiring ADMINISTRATIVE PERMIT approval, (pursuant to the provisions of 971.04): (b) Districts requiring SPECIAL EXCEPTION approval, (pursuant to the provisions of 971.05): A-1 A-2 A-3 RFD RS -1 RS -2 RS -3 RS -6 RT -6 RM -3 RM -4 RM -6 RM -8 RM -10 RMH- 66 RMH-8 Section 67: Section 971.14(7) of Specific Land Use Criteria is established to read as follows: ja College/University (Special Exception) J2,1 Districts requiring SPECIAL EXCEPTION (pursuant to the provisions -of 971.05): CL MED CG OCR RM -8 RM -10 A-1 RFD RS -1 RS -2 RS -3 RS -6 RM -3 RM -4 RM -6 Additional information requirements: 1. A site plan which denotes the location of all existing structures, -parking facilities, and the proposed circulation plan, pursuant to the 914. 2. A description of the anticipated service area and projected enrollment shall be provided. 3. Verification that applicable state standards are satisfied by the proposed project. 4. Special traffic impact and operations information as required by the County Traffic engineer. Coding: Words in =174-• • type are deletions from existing law. Words underlined are additions. SmeadSoft Reprint Date: Friday, August 23, 2013 - 12:40:30 - OffcialDocuments:646, Attachment Id 0, Page 62 ORDINANCE NO. 91-48 Criteria for educational facilities: 1. Sites for Colleges/Universities shall be located near thoroughfares so as to discourage traffic along local residential streets in residential areas. 2. For the type of facility proposed, the minimum 3. No main or accessory building shall be located within one hundred (100) feet of any property line not adjacent to a street or roadway. No main or accessory building shall be located within fifty (50) feet of any property line abutting a local road right-of-way that serves a single family area. 4. The applicant shall submit a description of anticipated service area and projected enrollment, by stages if appropriate, and relate the same to a development plan explaining: a. Area to be developed by construction phase. S. Safety features of the development plan. 5. No rooms within the school shall be regularly used for the housing of students when located in a Single -Family Residential District. 6. A Type "C" buffer shall be provided between facilities and adjacent properties when the project is located in the A-1, A-2, A-3, RFD, RS -1, RS -2, RS -3 and RS -6 Districts. 7. In lieu of a Type "C" buffer a Type "D" buffer may be provided between facilities and adjacent proper -ties when the --project --is located -in all other residential districts not listed in #6 above. Section 68: Section 971.21(3)(a) of Specific Land Use Criteria is hereby amended to read as follows: (3) Carry -out Restaurants, Excluding Curb Service, Drive-in, Drive-through and Similar Type Establishments -• • (Administrative Permft). (a) Districts requiring G ADMINISTRATIVE PERMIT approval, (pursuant to the provisions of 971.1 04: MED OCR The intended purpose for allowing the use is for convenience to serve persons living and working within the MED district. Coding: Words in • • • type are deletions from existing law. Words underlined are additions. SmeadSoft Reprint Date: Friday, August 23, 2013 - 12:40:31 - OffcialDocuments:646, Attachment Id 0, Page 63 ORDINANCE NO. 91-48 Section 69: Section -971.40-(3)(b) of Specific Land Use Criteria is hereby amended to read as follows: (3) Golf Courses and Accessory Facilities (Administrative Permit and Special Exception) (b) Districts requiring SPECIAL EXCEPTION approval, (pursuant to the provisions of 971.05): RT -6 RM -3 RM -4 RM -8 RM -10 RMH-6 RMH-8 ROSE -4 RM -6 AIR -1 Section 70: Section 971.42(3) of Specific Land Use Criteria is hereby amended to read as follows: (3) Drug Stores (Administrative Permit) (a) Districts requiring ADMINISTRATIVE PERMIT approval, (pursuant to the provisions of 971.04): CN OCR (b) Criteria for drug stores: 1--The—facility must—not—exceed_three-thousand—(-3000)_ square feet in gross floor area. Section 71: Section 971.43(2) of Specific Land Use Criteria is hereby amended to read as follows: (2) Heliports and Helipads (Special Exception). (a) Districts requiring SPECIAL EXCEPTION app=ovai, (pursuant to the provisions of 971.05): MED CG IL IG (b) Additional information requirements: 1. A site plan showing the location of all take -off and landing areas, approach zones, all zoning designations within one thousand (1,000) feet of the proposed site, and the location of any storage and service areas. 2. The number and specifications of all aircraft to be using the facilities. 3. All land uses within the approach zones shall be identifies 4. FAA Form No. 3480, "Notice of Landing Area Proposal", or subsequent updated form shall be completed and approved for all heliports and heli pads. 5. Certification that all applicable Federal Aviation Administration (FAA) and state standards and requirements have been satisfied shall be provided. Coding: Words in• - • type are deletions from existing law. Words underlined are additions. SmeadSoft Reprint Date: Friday, August 23, 2013 - 12:40:31 - OffcialDocuments:646, Attachment Id 0, Page 64 ORDINANCE NO. 91-48 �c)Criteria_farlleliports_and heli • ads-: 1. All heliports and heli ads shall be designed in conformance with the standards set forth in FAA advisory circular 150/5390 -IB or subsequently updated standards. 2. All heliMn!olpads or heliport landing and take -off areas shall be so located as to provide clearance froeal-1:---obstructions aboverotorheight--or a distance of twenty five (25) feet in each direction from the heli •• ads and landing and take -off areas. 3. If proposed on a rooftop, a signed and sealed letter from a professional engineer stating that the structure can adequately handle helicopter traffic and landings shall accompany the application. 4. No heliport or heli •• ad shall be located within five hundred (500) feet of any residential zoning district or within one thousand (1,000) feet of any school site. 5. All take -off and landing areas and any terminal or service—areas—shall be paved -with a dustproof material. Section 72: Section 971.44(1) of Specific Land Use Criteria is hereby amended to read as follows: (1) Transmission Towers Over 70 Feet (Radio, TV, and Microwave) (Administrative Permit and Special Exception) (a) Districts requiring ADMINISTRATIVE PERMIT approval, (pursuant to the provisions of 971.04): Towers 70'-140': A-1 A-2 A-3 CL CG CH IL IG (b) Districts requiring SPECIAL EXCEPTION approval, (pursuant - to the provisions of 971.05): Towers over 140': A-1 A-2 A-3 IL IG (c) Additional information requirements: 1. Applicant shall present documentation of the possession of any required license by any federal, state or local agency. 2. A site plan, pursuant to the requirements of Chapter 914. 3. Additional information regarding towers may also be found in Section 917. 06. Coding: Words in • • -• • type are deletions from existing law. Words underlined are additions. SmeadSoft Reprint Date: Friday, August 23, 2013 - 12:40:31 - OffcialDocuments:646, Attachment Id 0, Page 65 ORDINANCE NO. 91-4;8 (d) The following criteria must be used for administrative permit and special exception uses: 1. All towers shall have setbacks from all property lines-egaal-to-one-hundred-ten-+110) percent -of the height of the proposed structure. This provision may be waived or modified upon a recommendation by the director of public works, based upon the following criteria: a. the designed fall radius of the tower is depicted on the site plan and does not impact adjacent uses. A certified, signed and sealed statement from a Florida registered professional engineer states that the tower would collapse within the designed and specified fall radius depicted on the plans. 2. In no case shall the fall radius (one hundred ten (_1101 percent of height or other approved design fall radius encroach upon existing off-site structures or residentially designated property. The distance of any guy anchorage or similar device shall be at least ten (10) feet from any property line. 4. All accessory structures shall be subject to the height-x-estrictians provided in Accessory --uses, Chapter 917. If more than two hundred twenty (220) voltage is necessary for the operation of the facility and is present in a ground grid or in the tower, signs located every twenty (20) feet and attached to the fence or wall shall display in large bold letters the following: "HIGH VOLTAGE - DANGER". No equipment, mobile or immobile, which is not used in direct support of the transmission or relay facility shall be stored or parked on the site unless repairs to the facility are being made (applies only on A-1 zone property). 7. No tower shall be permitted to encroach into or --through-any established public or private -airport approach plan as provided in the airport height limitations. (e) The following criteria must be used for all special exception uses: Suitable protective anti -climb fencing and a landscape planting screening shall be provided and maintained around ---the -structure and accessory- attachments. ccessoryattachments. Where the first fifty (50) feet of a tower is visible to the public, the applicant shall provide one (1) canopy tree per three thousand (3,000) square feet of the designated fall radius. The trees shall be planted in a pattern which will obscure the base area of the tower, without conflicting with the guy wires of the tower. Coding: Words in . . -. . type are deletions from existing law. Words underlined are additions. 66 SmeadSoft Reprint Date: Friday, August 23, 2013 - 12:40:32 - OffcialDocuments:646, Attachment Id 0, Page 66 ORDINANCE NO. 91-48 2. All towers shall submit a conceptual tower lighting plan. Louvers or shields may be required as necessary to keep light from shining down on surrounding properties. Strobe lights must be used »nless-prohibited--by—other-agencies 3. The reviewing body shall consider the impact of the proposed tower on residential subdivisions near the project site. 4. All property owners within six hundred (600) feet of the property boundary shall receive written notice. 5. Applicants shall explain in writing why no other existing tower facility could be used to meet the applicant's transmitting/receiving needs. An application may be denied if existing tower facilities can be used. 6. Towers shall be designed to accommodate multiple users_ 7. A condition of approval for any tower application shall be that the tower shall be available for other parties and interests. This shall be acknowledged in a written agreement between the applicant and the county, on a form acceptable to the county, that will run with the land. Section 73: Section 971.44(2)(c) of Specific Land Use Criteria is hereby amended as follows: (c) Criteria for public and private utilities, public and private - heavy: 1. See Chapter 901 for definition of • • • utilities, public and private - heavy. 2. Any power generation facility shall be consistent with the provisions of the Florida Electrical Power Plan Citing Act, Chapter 23, Section 23.09101 F.S. 3. All below -ground high voltage cables within a utility right-of-way shall be made known the public through -the use-f_signs_posted_ther_ein, 4. The disposal of all waste, gaseous, liquid or solid, shall comply with all federal, state and local laws. 5. Between all above -ground facilities, (except distribution and collection facilities) and adjacent properties having a residential land use designation, --a type "A° buffer* (with 6' opaque screening) as specified in Chapter 926, Landscaping shall be provided. 6. In all zoning districts except the industrial districts, all equipment, machinery, and facilities which cannot, by their size or nature, be located within an enclosed building shall be separated from adjacent properties having a residential land use Coding: Words in . • -.a type are deletions from existing law. Words underlined are additions. 67 SmeadSoft Reprint Date: Friday, August 23, 2013 - 12:40:32 - OffcialDocuments:646, Attachment Id 0, Page 67 ORDINANCE NO. 91-48 designation by a type "D" buffer (with 6' opaque screening) as specified in Chapter 926, Landscaping. 7. All buildings and loading areas shall be located a inimum o one un red ( 100 ) feet from anon ine adjacent to a residentially designated property. 7�. Driveways located in close proximity to adjacent properties hav'jig a residential land use designation shall provide a 6' opaque screening between the driveway and adjacent property. An 8' opaque screen may be required if deemed necessary to mitigate noise and visual impacts. * reduce to "E" buffer where abutting a local roadway, reduce to "C" buffer where abutting a Thorouahfare Plan roadway. NOTE: Where more than one buffer and/or screening requirement can be adequately provided together in one buffer area, the Board of County Commissioners may approve plans to allow the buffer/screening requirements to "overlap". Section 74: Section 971.44(3) a of Specific hand Use criteria is hereby amended to read as follows: (a) Districts requiring ADMINISTRATIVE PERMIT approval, (pursuant to the provisions of 971.04): RS -2 RS -3 RS -6 RT -6 RMH-6 RMH-8 OCR MED CN CL CG CH A-1 A-2 A-3 Section 75: Section 971.44(3)(d) of Specific Land Use Criteria is hereby amended as follows: (d) Criteria for -• • • utilities -public and private - limited:• 1, See --Chapter 901 for definition of .E- • -. utilities, public and private - limited. 2. Between all above -ground facilities (except distribution and collection facilities) and adjacent property having a residential land use designation a type "B" buffer* (with 6' opaque screening) as specified in Chapter 926, Landscaping' shallbeprovided * reduce to type "C" where abutting a local roadway, reduce to "D" buffer where abutting a Thoroughfare Plan roadway. 3All—below-ground—high--voltage cables within a utility right-of-way shall be made known to the public through the use of signs posted therein. In all zoning districts except the industrial districts, all equipment, machinery and facilities which cannot by their size or nature be located Coding: Words in . . -. . type are deletions from existing law. Words underlined are additions SmeadSoft Reprint Date: Friday, August 23, 2013 - 12:40:33 - OfficialDocuments:646, Attachment Id 0, Page 68 ORDINANCE NO. 91-4.'•.8 within_an--enclosed-building-sha LLbe_separated-f adjacent properties having a residential land use designation by a type "D" buffer (with 6' opaque screening) as specified in Chapter 926, Landscaping, 5. All buildings and loading areas shall be located minimum of fifty (50) feet from any lot line adjacent to a residentially designated property. 6. Driveways located in close proximity to adjacent properties having a residential land use designation shall provide a 6' opaque screening between the driveway and adjacent property. An 8' opaque screen may be required if deemed necessary to mitigate noise and visual impacts. NOTE: Where more than one buffer and/or screening requirement can be adequately provided together in one buffer area, the Board of County Commissioners may approve plans to allow the buffer/screening requirements to "overlap". Section 76: Section 971.45(6) of Specific Land Use Criteria is hereby added to include the following: Recreational Vehicle Sales (Administrative Permit) jai Districts requiring ADMINISTRATIVE PERMIT approval, (pursuant to the provisions of 971.04): CG CH (b) _Additional information requirements: 1. A site plan showing the location, dimensions, and area of the recreational vehicle sales office and the recreational vehicle display area(s). 2. The maximum number of recreational vehicle units to be displayed on site at any one time shall be noted on the site plan. u Criteria for recreational vehicle (RV) sales: 1. All recreational vehicles (RV) displayed shall be located so as to not cause sight distance problems at either street or driveway intersections, as determined by the public works director. 2. All designated display areas shall provide for_ minimum of five hundred (500) square feet per RV. 3. In addition to the parking required for the sales office a minimum of one (1) parking space shall be provided for each three thousand (3,000) square feet of RV display areas. Coding: Words in -.a type are deletions from existing law. Words underlined are additions. SmeadSoft Reprint Date: Friday, August 23, 2013 - 12:40:33 - OffcialDocuments:646, Attachment Id 0, Page 69 ORDINANCE NO. 91-0 Section_ 77� Section -971.14 8_hof Specific_Land_Use_Cri-teria_is hereby established to read as follows: Libraries (Administrative Permit and Special Exception). a. Districts requiring ADMINISTRATIVE PERMIT approval, (pursuant to the provisions of 971.04): OCR CN b. Districts requiring SPECIAL EXCEPTION approval, (pursuant to the provisions of 971.05): RM -3 RM -4 RM -6 RM -8 RM -10 RS -6 RT -6 C. Additional information requirements: A site plan which denotes the _location of all existing structures, parking facilities, and the proposed circulation plan, pursuant to the requirements of Chapter 914. d. Criteria for Libraries: 1. No building shall be located closer than fifty (50) feet to any lot line which abuts a residentially designated property. 2. No off-street parking or loading space shall be located closer than ten (10) feet to any property line abutting a residentially designated property. 3. The facilities shall have a Type "D" buffer along any property line(s) abutting a residentially designated property. Section 78: Section 971.28(8) of Specific Land Use Criteria is hereby established to read as follows: C Cemeteries (Special Exception). a. Districts requiring SPECIAL EXCEPTION approval, (pursuant to the provisions of 971.05): A-1 A-2 A-3 b. Criteria for Cemeteries: 1. No areas used for burial shall be located closer than one hundred (100) feet to any property line abutting a residential use or a residentially designated property, or closer than fifty (50) feet to any Drooerty not designated or used residentiall 2. A type "C" buffer shall be provided along all property boundaries where burial sites are located adjacent to any residentially designated property. A type "D" screening shall be provided along all other DrODerty boundaries not residentially designated._ Coding: Words in .. - . type are deletions from existing law. Words underlined are additions: SmeadSoft Reprint Date: Friday, August 23, 2013 - 12:40:33 - OffcialDocuments:646, Attachment Id 0, Page 70 ORDINANCE NO. 91-0 appilcabie requirements from the Department of Health and Rehabilitative Services and other jurisdictional agencies. Section 79: Section 971.40(11) of Specific Land Use Criteria is hereby established to read as follows: Retreats-and—Camps: (SpecialExeepti-orH u Districts requiring SPECIAL EXCEPTION approval, (pursuant to the provisions of 971.05): A-1 A-2 A-3 RFD RS -1 u Criteria for retreats and camps: 1. A site plan meeting all of the requirements of Chapter 914, which shows: a. all building, camping, and recreation facilities and areas and distances to all property boundaries; b. location, width, composition, and a cross- - section -of -all -buffer -areas; c. location and number of all camping or sleeping areas (maximum number of people accommodated_ for sleeping in permanent structuresl� d. drop-off facilities; and e. a complete description of all planned uses, activities,. and programs to occur on site and corresponding hours of operation. 2. The site must be located on a minimum of ten (10) acres of property. 3. No building, camping or recreation facility or area may be located closer than forty (40) feet of any property line, or closer than seventy-five (7-5� feet to any property with a residential land use designation, whichever distance is greater. The referenced seventy-five (75) foot setback may be reduced to 35' if a Type B buffer with a six (6) foot opaque feature is provided. 4. accommodate the sleeping of persons shall be 5. Drop-off facilities may be required by the Public Works Director where such facilities are deemed necessary to accommodate anticipated traffic operations on site. Coding: Words in • • -.e type are deletions from existing law. Words underlined are additions. SmeadSoft Reprint Date: Friday, August 23, 2013 - 12:40:34 - OffcialDocuments:646, Attachment Id 0, Page 71 ORDINANCE NO. 91-4$ Dasea upon a posiLzve Public Works Director. of County Commissioners ecommendation from the 7. Restrictions or limitations on outdoor lighting, and location and hours of operation for outdoor activities may be imposed to mitigate potential adverse light and noise impacts on surrounding properties. Section 60: Section 971.35(3) of Regulations for Specific Land Uses is hereby amended to read as follows: (3) Commercial Marinas (Special Exception) (a) Districts requiring SPECIAL EXCEPTION approval, (pursuant to the provisions of 971.05): CG CH (b) Additional information requirements: 1. A written statement specifically describing the activities to be conducted on the proposed site. 2. A site pian-ahowi-ng t-h�---locatian of all -on-site storage areas and the zoning designation of all properties within two hundred (200) feet of the proposed site. The site plan shall identify any and all boat slips proposed for use by live -aboard vessels. 3. Written verification of compliance with all applicable local, state, and federal permitting and regulaatory procedures. 4. An environmental impact survey describing in detail any real or potential adverse impacts on existing or potential natural resources in the vicinity of the proposed site, including, but not limited to: aquatic and shoreline vegetation, water circulation and turbidity, waterway widths, depths and -shoreline contaurs, existing wetland or impoundment areas on site, and known or potential seagrass, fishery, or manatee habitats within one thousand (1,000) feet of the proposed site. (c) Criteria for commercial marinas: 1. Point and non -point discharges from upland activities associated with marinas shall not be permittee to enterer jam eserine surface waters. 2. Marinas operations must comply with a required pollution mitigation plan which addresses at a minimum: fuel storage/spill management, contaminated runoff collection, and water pollution clean-up/control procedures and appropriate personnel training. All pollution mitigation plans shall be reviewed and approved by all appropriate reviewing agencies, including the environmental planning section, and the environmental health department, as part of the special exception use Coding: Words in MIMMETIMM type are deletions from existing law. Words underlined are additions. SmeadSoft Reprint Date: Friday, August 23, 2013 - 12:40:34 - OffcialDocuments:646, Attachment Id 0, Page 72 ORDINANCE NO. 91-48 review and approval process. Plans shall include a requirement that an inventory of all pollution response materials and emergency contracts shall be maintained and updated every four (4) years, as approved by environmental health and emergency management. 3. Commercial marinas shall be designed and sited in order to minimize degradation of water quality and circulation-patterns-and--adve-rse impacts -to -marines habitats. Commercial marinas shall not ' be permitted in FDNR approved shellfish propagation or harvesting areas. 4. Site locations shall have a minimum average water depth of four (4) feet as measured at mean low water. All marina access shall be through existing channels or through areas of greater than four (4) foot water depth. The dredging of new channels to provide marine access to a site is prohibited. Maintenance dredging of existing channels shall be the minimum necessary and shall not exceed eight (8) feet in depth, as measured from mean low water. All dredging activities must first obtain all necessary permits/reviews from the Army Corps of Engineers, FDNR, FDER, St. John's Water Management Dist-rict-a-nd-/or any -other agency—with-applicable jurisdiction. Dredging shall be prohibited in FDNR recognized seagrass and shellfish areas, unless specifically permitted by FDNR. All work which affects seagrass or shellfish areas shall be subject to the provision of Chapter 932, and Chapter 928. 5. All approved marinas shall required sufficient upland areas to accommodate -al -1 needed utilities and marina support facilities, including parking, setbacks, lighting, open space, public facilities, drainage and pollution mitigation criteria. 6. Marinas shall be required to display and maintain all applicable navigation, warning and manatee awareness markings, as approved by the Florida Marine Patrol-, the Florida Department of Natural - Resources, the U.S. Army Corps of Engineers, the Indian River County Planning Department, the Florida Inland Waterway Navigation District, and any additional reviewing agency with appropriate jurisdiction. All marinas shall participate in manatee awareness programs and provide educational information for marina users. 7. Commercial marinas shall-includie-boat liveries -and marinas; boat yards shall not be allowed, B. No building or structure shall be located closer than one hundred (100) feet to any lot line which abuts property having a residential land use designation. 9. No off-street parking, loading or vehicular sales area shall be located within fifty (50) feet of -a lot line abutting a residential district. Coding: Words in . -• type are deletions from existing law. Words underlined are additions. SmeadSoft Reprint Date: Friday, August 23, 2013 - 12:40:34 - OffcialDocuments:646, Attachment Id 0, Page 73 ;'_Y ' ORDINANCE NO. 91-48 10. All. repair and_ mainte_n-ance-a_ctiv_ities—shall—be conducted within a structure. 11. All outdoor sales and storage lots shall have a paved surface which meets the standards of Chapter 954, as applicable. 12. Type "A" screening shall be provided along all property lines which abut a residential district. 13. All commercial marinas shall be required to install and maintain, in working condition, sewage pump -out facilities in accordance with the following criteria: a. Pump -out facilities shall incorporate marina wide systems, portable/mobile systems, slipside systems or a combination of these and shall be approved and inspected by the environmental health department on a regular basis; b. Effluent shall be collected for forwarding to approved public facilities or directly deposited to approved public or private facilities. With county and appropriate state ter- federal approval, properly treated "® qray water" may be utilized for landscape irrigation, provided this use does not endanger the health, safety or welfare of the population or the environmental and its flora and fauna; and C. Pump -out facilities shall be located to provide unconstrained access to watercraft. d. Live -aboard vessels moored in commercial marinas shall be required to connect to county approved pump -out facilities or a municipal or county sewer facility. 14. The mooring of live -aboard vessels shall be limited to those boat slips designated for live -aboard vessel use on an approved site plan. Section 81: Section 971.08(4) of Specific Land Use Criteria is hereby amended to read as follows: (4) Aquaculture (Administrative Permit). (a) Districts requiring ADMINISTRATIVE PERMIT approval, (pursuant the provisions of -971.04): A-1 A-2 A-3 RFD RS -1 Con -1 Con -2 Con -3 Section 82: Section 971.08(12) of Specific Land Use Criteria is hereby amended to read as follows: (12) Stables, Noncommercial (Administrative Permit and Special Exception). Coding: Words in • • -• . type are deletions from existing law. Words underlined are additions. SmeadSoft Reprint Date: Friday, August 23, 2013 - 12:40:35 - OffcialDocuments:646, Attachment Id 0, Page 74 ORDINANCE NO. 91-4;,8 3 (a_)---2istricts resluiring ADMINISTRATIVE—PERMIT—approval, (pursuant to the provisions of 971.04): Con -3 Con -2 RFD RS -1 Section 83: Section 971.41(4)(a) and (b) of Specific Land Use Criteria is hereby amended to read as follows: (-4) Guest-Cottag-es-and-ServanrQuarters-(Administrative-Permit-and Special Exception). (a) Districts requiring ADMINISTRATIVE PERMIT approval, (pursuant to the provisions of 971.04): A-1 A-2 A-3 RFD RS -1 (b) Districts requiring SPECIAL EXCEPTION approval, (pursuant to the provisions of 971.05): Con -3 Con -2 RS -2 RS -3 RS -6 RT -6 Section 84: Section 971.41(7) (b) and (c) of Specific Land Use Criteria is hereby amended to read as follows: (-7j—Single--Family Docks -Constructed Prior�to-Construction of -a Principal Single Family Dwelling Unit (Administrative Permit and Special Exception). (b) Districts requiring ADMINISTRATIVE PERMIT approval, (pursuant to the provisions of 971.04): A-1 A-2 A-3 RFD RS -1 RS -2 RS -3 RS -6 RT -6 RM -3 RM -4 RM -6 RM -8 RM -_1V_ (c) Districts requiring SPECIAL EXCEPTION approval, (pursuant to the provisions of 971.05): Con -2 Con -3 -Sect-ion-85! A portion of section 971.05 7) -ofSpecific-Land-Ise Criteria is hereby amended to read as follows: (7) Required finding by the reviewing body. Before any application regarding a special exception use shall be approved, the reviewing body shall make a finding that it is empowered under the provisions of this chapter to review the specific use applied for, and that the granting of the special exception will not adverselv affect the public interest. 90 The reviewing body shall also make findings certifying that both the general and specific criteria for the review of special exceptions have been satisfied and that adequate special conditions have been imposed to ensure compatibility between the special exception use and surrounding -land uses with regard but not limited to: Coding: Words in MoRMETITIM type are deletions from existing law. Words underlined are additions. SmeadSoft Reprint Date: Friday, August 23, 2013 - 12:40:35 - OffcialDocuments:646, Attachment Id 0, Page 75 ORDINANCE NO. 91-4.8 (_a) Ingress_and earessto_property_and—proposed stru_c_tuIes thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe; (b) Off-street parking andloading areas, where required, with particular attention to the items in (1) above and the economic, noise, glare, or odor effects of the special exception on adjoining properties and properties ally—in—the-district-, (c) Utilities with reference to location, availability and compatibility; (d) Screening and buffering with reference to type, dimensions and character; (e) Signs, if any, and proposed exterior lighting with reference to glare, traffic safety, economic effects, and compatibility and harmony with properties in the district; (f) Required yards and other open space; (g) Any special requirements set forth in the zoning district regulations for the particular use involved. Section 86: The introductory table of contents of Chapter 930 of Stormwater Management and Flood Protection is hereby amended to read as follows: CHAPTER 930 STORMWATER MANAGEMENT AND FLOOD PROTECTION Sec. 930.01 Short Title Sec. 930.02 Purpose Sec. 930.03 Rules of Construction Sec. 930.04 Definitions Sec. 930.05 Prohibited Activity Sec. 930.06 Exemptions Sec. 930.07 Review Criteria for All Development Projects Sec. 930.071 Drainage Basin Maximum Discharge Rates Sec -.-930.-08 Required Information for Permit Applications Sec. 930.09 Required Information to be Submitted by Type B and C Permit Applicants after Issuance of Permit Sec. 930.10 Permit Application and Review Procedures Sec. 930.11 Administrative Duties Sec. 930.12 Appeal Procedures Sec. 930.13 Notice Sec. 930.14 Vested Rights Section 87: Section 930.07(1)(a) of Stormwater Management and Flood Protection is hereby amended to read as follows: (a) The design of the on-site Stormwater management system shall be based at a minimum on a 25 -year frequency 24-hour duration storm event on the development project as proposed. The design of any off-site stormwater management system improvements shall be based upon a 25 -year frequency 24-hour duration storm event. The modified Type 2 SCS Rainfall Distribution shall be used. Post development runoff shall not exceed pre -development runoff unless a maximum discharge rate has been adopted for the applicable drainage basin and the Coding: Words in IMINT311 a type are deletions from existing law. Words underlined are additions. SmeadSoft Reprint Date: Friday, August 23, 2013 - 12:40:35 - OffcialDocuments:646, Attachment Id 0, Page 76 ORDINANCE NO. 91-48 discharge does not exceed that rate. Maximum_ discharge_ rates for each basin shall be adopted by an ordinance amendment to Section 930.071 herein. If a maximum discharge rate has not been adopted for the applicable basin, post development discharge may not exceed pre -development discharge. Section 88: Section 930.071 of Stormwater Management and Flood Protection is hereby established to read as follows: Section 930.071 DRAINAGE BASIN MAXIMUM DISCHARGE RATES ll Procedure No maximum discharge rate shall be adopted for any drainage basin over which Indian River County has jurisdiction except by ordinance. The proposed maximum discharge rate for each basin shall be workshopped prior to the scheduling of the adoption public hearings. u Basin Maximum Discharge Rates DRAINAGE BASIN MAXIMUM DISCHARGE RATE B-1 (Beach) B--14Bear-h) B-3 (Beach) B-4 (Beach) B-5 (Beach) R-1 (Indian River) R-2 (Indian River) R-3 (Indian River) R-4 (Indian River) R-5 (Indian River) R-6 (Indian River) R-7 (Indian River) M-1 (Indian River Farms WCD) M-2 (Sebastian River WCD) M=3-(SebastianlRussland/-F-leming-GrantI M-4 (Corrigan Ranch/Vero Lake Estates) M-5 (Fellsmere WCD) SJ -1 (St. Johns WCD) SJ -2 (St. Johns Marsh) SJ -3 (Talbot Terrace) SJ -4 (Delta Farms WCD) Coding: Words in • -• • type are deletions from existing law. Words underlined are additions. SmeadSoft Reprint Date: Friday, August 23, 2013 - 12:40:35 - OffcialDocuments:646, Attachment Id 0, Page 77 y t ORDINANCE NO. 91-48 Section 89: Sec_tion929.07(1� of Chapter 929, Upland Habitat Protection, is hereby amended to read as follows: (1) For parcels created after June 18, 1991 along the St. Sebastian River, a one -hundred foot shoreline protection buffer is hereby established measured from the mean high water mark of the river or fifty feet from the landward boundary of jurisdictional wetlands along the river or any tributary, whichever is greater (cross-reference Sec. 911.12(4)(e)). For parcels of record which existed -prier -to -June 1-8 11}91-a-fif-ty-foot shoreline -protection buffer for unplatted parcels, and a twenty-five foot buffer for existing platted lots is hereby established on land parcels bordering the St. Sebastian River or the Indian River Lagoon Aquatic Preserve, measured from the mean high water line. In no case, however, with reference to Mjj=1 parcels or lots of record which existed prior to June 18, 1991, shall the bufferiq exceed twenty (20) percent of the parcel or lot depth perpendicular to the applicable waterway. SECTION 90: 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.AllSpecial —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 91: CODIFICATION The provisions of - is orc'inance 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. SECTION 92: 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 93: 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 of the State of Florida. Coding: Words in • . -•• type are deletions from existing law. Words underlined are additions. SmeadSoft Reprint Date: Friday, August 23, 2013 - 12:40:36 - OffcialDocuments:646, Attachment Id 0, Page 78 ORDINANCE NO. 91-4$ -Approved and adopted by the Board of County Commissioners of Indian River County, Florida on this 4th day o npramhar 1991. This ordinance was advertised in—the-Vero--$each Press-Journal— the11 day of November , 1991, and on the 25 day of November , 1991, for public hearings to be held or. th€_ day of November , 1991, and on the 4th day of December , 1991 at which time at the final hearing it was moved for adoption by Commissioner Eggert , seconded by Commissioner Wheeler and adopted by the following vote; Chairman Richard N. Bird Aye Vice Chairman Gary C. Wheeler Aye Commissioner Carolyn K. Eggert Aye Commissioner Margaret C. Bowman Aye Commissioner Don C. Scurlock, Jr. Aye BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY By Richard N. Bird, Chairman,•0.,y ATTEST BY: Jeffrey Karton, Clerk �- of 4; Acknowledgement by the Department of State of the State of Florida this 16th day of December , 1991. Effective Date: Acknowledgement from the Department of State received on this 19th day of December , 1991 at 10:30 A.M./P.M. and filed in the office of the Clerk of the 13oa=d 000T ountyCommissee-loners of—ind'ieyF-ss—ver—Coumty—Flor. APPROVED AS TO FOR AND LEGAL SUFFICIENCY. William G. Collins, II, Assistant County Attorney APPROVED AS TO PLANNING MATTERS obert M. Iea ing'/"&CP Community De elopiRtnt Director u\c\ldrfin.doc Coding: Words in • • • • type are deletions from existing law. Words underlined are additions. 79 smeadSoR Reprint Date: Friday, August 23, 2013 - 12:40:36 - OfficialDocuments:646, Attachment Id 0, Page 79