HomeMy WebLinkAbout1992-39ORDINANCE 92- 39
AN ORDINANCE :OF INDIAN RIVER COUNTY, FLORIDA
AMENDING VARIOUS SECTIONS OF CHAPTER 901,
DEFINITIONS; CHAPTER 902, ADMINISTRATIVE
MECHANISMS; CHAPTER 910, CONCURRENCY
MANAGEMENT SYSTEM; CHAPTER 911, ZONING;
CHAPTER 912, SINGLE-FAMILY DEVELOPMENT;
CHAPTER 913, SUBDIVISIONS AND PLATS; CHAPTER
914, SITE PLAN REVIEW AND APPROVAL PROCEDURES;
CHAPTER-91"ANIT-ARY- SEWER -AND-POTABLE WATER
REGULATIONS; CHAPTER 925, OPEN BURNING/AIR
CURTAIN INCINERATOR REGULATIONS; CHAPTER 926,
LANDSCAPE AND BUFFER REGULATIONS; CHAPTER 927,
TREE PROTECTION AND LAND CLEARING; CHAPTER
930, STORMWATER MANAGEMENT AND FLOODPLAIN
PROTECTION; CHAPTER 952, TRAFFIC; CHAPTER 953,
FAIRSHARE ROADWAY IMPROVEMENTS; CHAPTER 954,
OFF-STREET PARKING; CHAPTER 956, SIGN
REGULATIONS, CHAPTER 971, REGULATIONS—FOR
SPECIFIC LAND USE CRITERIA; CHAPTER 972,
TEMPORARY USES; 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 "Accessory single-family dwelling
unit" is hereby added to Section 901.03 of the Definitions Chapter
of the Land Development Regulations to read as follows:
Dwelling unit, accessory single family: a structure or a portion of
a structure, attached or separated from a single family residence,
which serves as an independent dwelling unit and which meets the
standards set -forth in Section 971.41(10).
SECTION 2: The definition of "Private land clearing debris burning
facilities" is hereby added to Section 901.03 of the Definitions
Chapter of the Land Development Regulations to read as follows:
Private land clearing debris burning facility: a private,_
stationary facility engaged primarily in the burning of land
clearing debris transported to the facility from off-site for
burning disposal purposes For purposes of this definition,_
"stationary" means in operation on the same parcel (or adjacent_
contiguous parcel) for more than six months in any given year.
SECTION 3: The definition of "Land clearing, rural" is hereby
added to Section 901.03 of the Definitions section of the Land
Development Regulations to read as follows:
Land clearing, rural: a land clearing activity conducted on a
parcel in unincorporated Indian River -County -west of-I-nterstate-93,
not including parcels within the Urban Service Area (as depicted on
the County Future Land Use Map). For purposes of this definition,
"rural land clearing" does not include land clearing incidental to
bona fide agricultural or silvicultural operations.
SECTION 4: The definition of "Structure, occupied" is hereby added
to Section 901.03 of the Definitions section of the Land
Development Regulations to read as follows:
Structure, occupied: any building that is regularly occupied by
persons, including, but not limited to single-family residences,
mobile homes, business offices and retail stores.
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ORDINANCE 92- 3�9
SECTION 5: Section 902.04(16) of the Administrative Mechanisms
chapter of the land development regulations is hereby established,
to read as follows:
"(16) Notwithstanding any section to the contrary and, as an
alternative to misdemeanor prosecution or other
enforcement procedures, an alleged violator of
regulations found in County Land Development Regulations
Chapter 927, 928, 929, or 932.06(11) may request that the
Board of County Commissioners, at a public meeting,
determine whether or not a violation of the land
development regulations has occurred. The alleged
violator may appear, with or without att-orney�, and
present evidence and information on the aiieqea
SECTION 6: Section 910.07(1)(b) of the Concurrency Management
System chapter of the land development regulations is hereby
amendedto -read-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 for construction or changes of
use which require a new CO (Certi-ficate of-ocr;upancy) . Na
initial development order will be issued unless •••
Ire 111 Me WIN
.- one
of the. .
following three items is satisfied:
1. Approval may be granted if the applicant has obtained an
initial concurrency certificate for a project or the
portion of a project for which initial development order
_approval is sought. -
2. Conditional approval may be granted for a site plan
annlira+inn if thi- annlicant has annlied for an initial
concurrency certificate, and concurrency reviews inaicare
that there is sufficient capacity to accommodate the
project, and the only pending requirement for issuance of
an initial concurrency certificate is the payment of
applicable traffic and utility impact fees. Approval
shall be subject to a condition that all applicable
traffic and utility impact fees associated with the
project approval shall be paid within 90 days of site
plan approval or prior to site plan release, whichever
occurs first. Failure to pay the applicable traffic and
utility impact fees by the deadline shall automatically
terminate site plan approval and shall release traffic
and utilities capacity reserved for the project or the
portion of a project for which initial development order
annroval is souaht.
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ORDINANCE 92-39
3. The applicant signs a form, provided by the county, in
which the applicant acknowledges that no building permit
will be issued for all or any portion of the project
unless and—until—the- applicant or the applicant's
successor obtains an initial and final concurrency
certificate for the project or portion of the project for
which a building permit is sought. Furthermore, the
guarantee that adequate capacity will.exist at the time
when the applicant or the applicant's successor chooses
to apply for and obtain a concurrency certificate. For
site plan projects, the above referenced acknowledgement
form -shall--be-properly executed—and recorded in the
Indian River County public records by the applicant prior
to site plan release. For subdivision projects, the
above referenced acknowledgement shall be signed before
a land development permit or land development permit
waiver is issued, and further incorporated as a general
note on the face of the final plat.
Initial development orders include:
Ma. site and Development Plans (including plans for Development of
Regional Impact);
Planned Developments;
c. Land Development Permits or Land Development Permit Waivers;
and
Md. Changes in use that increase density or intensity of
development."
SECTION 7: A portion of the use table found in section 911.06(4)
is amended to read as follows (all other portions of the use table
are to remain as currently adopted):
District
Uses A-1 A-2 A-3 RFD i&l
Very Heavy Industrial
Private land s s s _ _
clearing debris
burning facilities
SECTION : A_portion_of_the-use table found in --section 911.1-0(4-_1
is amended to read as follows (all other portions of the use table
are to remain as currently adopted):
District 1
PRO OCR MED CN CL CG CH
Institutional
Individual and family services - - P - P P -
Job training services - - - - P P P
Chil-d-care- and -adult -care - A P A P- P -
Homes for aged, including
nursing homes and rest homes - - P - S S -
Residential treatment center - - P - S S S
Place of worship ILP IP - - P P P
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ORDINANCE 92-39
SECTION 9: Amend section 911.15(5) of the Zoning chapter of the
Land Development Regulations, to read as follows:
11(5-1 Setback and buffer requirements_.
(a) Street and road setbacks. In the event of the recording
of any proposed street or road in the office of the Clerk
of the Circuit Court of Indian River County, or in the
event of the designation or establishment by the Board of
County Commissioners of any proposed public street and
road, the same shall thereupon immediately be used as the
reference point for the purpose of determining setbacks
for new-construction-under—t-he- terms--o-f this—ordi-nance.
This provision shall not prevent the reconstruction of a
full or partially damaged or destroyed legally
nonconforming structure so long as the rebuilt structure
is consistent with the county's building code.
(b) Required setbacks from natural waterbodies. All
residential properties which abut the intracoastal
waterway, Indian River or other natural water bodies
shall provide for a minimum rear yard setback of—fifty
(50) feet for unplatted parcels and twenty-five (25) feet
for existing platted lots, between all structures and the
waterbody. In no case, however, with reference to
existing parcels or lots of record, shall the buffer
exceed twenty (20) percent of the parcel or lot depth
perpendicular to the applicable waterway. Additional
setbacks may apply to properties adjacent to the St.
Sebastian-RlYBr—and Indian--River-Lagoon Aquatic Preserve
as set forth in Chapter 929, Upland Habitat Protection.
(c) S.R. 60 front building setback requirement. All
developments adjacent to S.R. 60 right-of-way shall have
a minimum front setback of seventy-five (75) feet from
the S.R. 60 right-of-way. This 75' setback shall not
apply to individual lots of record lawfully created prior
to October 9, 1992 having a depth of 150' or less as
--meazured from the S.R. 60 road right=of=way.
Interstate 95 buffer requirement. All developments that
are adjacent to the I-95 right-of-way and that require
major site plan approval shall preserve or provide a Type
C buffer between any outdoor storage areas) and I-95
where the outdoor storage area(s) is not visually
screened by an intervening building or structure.
SECTION 10: A portion of the use table found in Section 911.06(4)
is amended to read as follows (all other portions of the use table
are to remain as currently adopted):
DISTRICT
Uses A-1 A-2 A-3 RFD RS -1
Residential
Accessory S-ingle�Fami-ly
Dwelling Unit A A A A A
SECTION 11: A portion of the use table found in Section 911.07(4)
is amended to read as follows (al other portions of the use table
are to remain as currently adopted):
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ORDINANCE 92-39
DISTRICT
RS2 RS3 RS6 RT6
Uses
Residential
Accessory Single Family
Dwelling Unit A A A_ A
Small Lot Single -Family Subdivision _ _ A A
SECTION 12: A portion of the use table found in section 911.08(4)
is amended to read as follows (all other portions of the use table
are to remain as currently adopted):
DISTRICT
RM3 RM4 RM6 RMB RM10
Uses
Residential
Accessory Single Family
Dwelling Unit A A A_ A A_
Small Lot Single -Family _ = A_ A A_
Subdivision
SECTION 13: A portion of the use table found in Section 911.11(4)
is amended to read as follows (all other portions of the use table
are to remain as currently adopted):
DISTRICT
Uses Con -1 Con -2 Con -3
Accessory Single Family
Dwelling Unit _ A A
SECTION 14: A portion of the use table found in Section
911.13(3)(c) is amended to read as follows (all other portions of
the use table are to remain as currently adopted):
Residential Uses ROSE=4
Accessory Single Family
Dwelling Unit A
SECTION 15: Amend 912.07(6)(c), to read as follows:
(c) 1. Parcels over one acre in size may not be cleared or
protected trees_ removed from_saidparcels without a
land clearing permit and/or tree removal
permit issued by the planning division. A protected tree
is a " tree having a DBH of four (4) inches or more, all
specimen and historic trees, and all significant
groupings of trees of the West Indian or tropical origin
of any size, and all mangroves regardless of size;
excluding, however, the following trees, regardless of
size or location:
Casuarina cunninghmaiana - Australian pine
Casuarina lepidophlia - Australian pine
Enterolobium cyclocarpum - . - Ear -pod
tree
Melia azedarch - Chinaberry
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Schinus terebinthifolius - Brazilian pepper tree
Melaleuca quinguenervia - Melaleuca, punk or paper
tree
..-
Cabbage palms—(Saba-1—Palmetto) and—citrus trees of all
varieties shall not be considered to be protected trees,
but.^'' tree shalle included in the tree survey in
the event the applicant chooses to make use of such trees
as a credit against the trees otherwise required under an
applicable landscaping regulation or requirement."
SECTION 16: The required information for preliminary plats found
in Section 913.07(4)(C) of the Subdivisions and Plats Chapter of
the land development regulations is hereby amended to add
subsection 25, reading as follows:
1125. Information required by applicable Chapter 971 regulations for
either "subdivisions with special sideyards" projects or
"small lot single family subdivision" projects."
SECTION 17, The required—informatian for--final—plats found in
Section 913.07(6)(D) of the Subdivisions and Plats Chapter of the
land development—regulations ie berehv amended to add subsection
29, reading as follows:
1129. Information required by applicable Chapter 971 regulations for
either "subdivisions with special sideyards" projects or
"small lot single family subdivision" projects."
SECTION 18: Section jof CherI4 ite Flan Review and
Approval Procedures, shall be amended to read as follows:
(4) Conceptual site plansi • •• -• • • •
UMMMM submittal and informational requirements.
(a) The intent of the conceptual•- -• • site plan
process is to approve the use, scope, level of intensity,
-end—scale of the—proposed E-1-p—M-2-:•-• project.
Also. the concent Dlan may address and allow approval of
staff.
ect in
requirements and any applicable specific review criteria
contained in Chapter 971. Conceptual site plan
a lications ma be submitted as • • • •-
-• • .•• .!- . - requests for approval of
special exception, administrative permit, or permitted
uses. If a conceptual site plan •- • IM
request is approved, a separate and complete, "final"
site plan application shall be submitted, reviewed,
approved, and released (as specified in this Chapter,
914), prior to issuance of a building permit for all or
a portion of the development project.
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ORDINANCE 92-39
The following are submittal requirements for conceptual
plan applications:
1. A complete application form with the appropriate
review fee.
2. Two (2) copie"-the- owners deed and two—f2)
copies of a letter of authorization from the owner
if the owner- Zs -di event from the p i..�nt
3. Seven (7) plan sets to scale on twenty -four -inch by
thirty -six-inch sheets at a scale of not greater
than one inch equals fifty (50) feet.
4. A written_ description of the proposed use.
5. Verification that a concurrency certificate has
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
provided by Indian River County.
6. The plan shall depict the following information:
a. Building envelope locations;
b. Parking areas and circulation patterns;
C. Stormwater management tract locations;
d. Setbacks from all property lines;
e. The location of all driveways;
f. An estimate of average daily trips (for those
uses not required to perform a traffic impact
analysis);
g. Flood zone;
h. Location map;
i. Any required buffering or
conservation/preservation areas;
j Existing road rights-of-way.
7. Project tabulations by phase and aggregate:
a cross area;
b. Number of units/density;
C. Area and percent of site as open space;
d. Area and percent of site as impervious space;
e. Area and percent of site as building coverage;
f. Parkin requirements;
g. •• •- • Approximate building
area by use category;
h. Area and percentage of site as water;
8. Existing site conditions:
a. Waterbodies;
b. � Area and location of jurisdictional
wetlands shown on aerial photograph or survey;
C. Native u p land vegetation
coverage; • •
e. Topography and drainage features (including
canals and ditches), soil types;
fIN
. • .. . • •
• ••.• . •
. •- Listed historical or
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ORDINANCE 92-39
archeological features or such features known
or evident to the developer;
g. Wells, free-flowing or valved;
h.—Buildings,-structures,-or driveways and their
disposition (to be removed, to remain, to be
altered);
i. Utilities services and facilities, including
water, sewer, electric, telephone, cable;
j. Easements.
9. Vehicular and pedestrian systems circulation plan,
including typical or potential travelway surface(s)
and—right=of=waywidths, proposed -connections Co-
existing streets and the planned street network in
the vicinity of the project. Existing • ••• -•
streets and driveways within three hundred (300)
feet of the project area.
10. A traffic impact analysis if required by the
Chapter 952 regulations, in accordance with the
Chapter 952 regulations.
11. Vicinity map, showing the land area within three
quarters (3/4) of a mile of the project area.
12. Proposed stormwater management design and a signed
and sealed letter from a professional engineer
certifying the conceptual stormwater management
plan will be able to meet all applicable stormwater
management-a-nd-flood-protection-criier-ia-of-Chapter
930 relatina to the retention/detention
st
conceptual Dlan shall in no wav be construes as a
sinal aesign as
results of the
Chapter 930 shall
areas of the final
13. When development or alteration of jurisdictional
wetlands is proposed, the applicant shall provide
The- Environmental Planner with a qualitative
assessment of the existing wetlands and indicate on
the plans if wetlands mitigation is proposed on-
site, off-site, or is to be satisfied by payment of
a fee -in -lieu -of direct mitigation.
a. If on-site mitigation is proposed, the
applicant shall indicate if restoration and/or
creation of wetlands is proposed, the
approximate area and location of such
restoration and/or creation, the type of
wetlands to be restored or created, and
alteration/mitigation area ratios.
b. If off-site mitigation is proposed, the
applicant shall indicate the off-site area(s)
to be used for mitiaation and the information
in "a", above.
c. If a fee -in -lieu of mitigation is proposed,
the applicant shall provide an estimate of the
fee amount, based on the assessed value of the
project site and the area of wetlands to be
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ORDINANCE 92- 39
impacted (reference subsection 928.06(5)).
14 .Additional submittal requirements may be required by
staff at a formal pre -application conference or a
TRC meeting, whichever occurs first, based upon
staff concerns and issues particular to the site,
surrounding area, or proposed use.
-The-review-and approval -process for -a conceptual -plan
application shall be the process appropriate for the use
approval level (special exception, administrative permit,
permitted).
SECTION 19: Amend Chapter 918, Sanitary Sewer and Potable Water
Regulations to read as follows:
Sec.
Sec.
Sec.
Sec.
Sec.
918.01 Short Title
918.02 Purpose and Intent
918.03 Definitions
918.04 Sanitary Sewer and Potable Water Regulations
918.05 Water and Wastewater Connection Requirements
New Development
Section 918.01 Short Title
for
This -chapter sha-ll beknown-as-the-Sanitary Sewer andPotableWater-
Regulations Ordinance.
Section 918.02 Purpose and Intent
The purpose of this chapter is to provide for the implementation of
the land development related policies of the Sanitary Sewer and
Potable Water Sub -Elements of the Comprehensive Plan. Other
policies of the Sanitary Sewer and Potable Water Sub -Elements
requiring orr inances for implementation will be -included in the
Utilities Ordinance in Title II of the Code of Laws and Ordinances.
In the case of duplication between the provisions of this chapter
and the Utilities Ordinance in the Title II, the provisions of the
Utilities Ordinance will govern.
Section 918.03 Definitions
A11- terms defined -in _Chapter 901, definitions, are applicable in
this chapter.
Section 918.04 Sanitary Sewer and Potable Water Regulations
(1) Single family dwelling units and • •• •
. . ��� • non-residential
Droiects utilizing less than 2,000 gallons of potable water
per day may use private wells where such wells are approved by
regulatory agencies including the County -Environmental -Health
Department and Utilities Department, in accordance with the
connection regulations set out in Section 918.05 below.
(2) Single family dwellin units and IMMIMMEF M MM•�
. . ��� • non-residential
Droiects generating less than 2,000 gallons of wastewater per
Lay may utilize septic tanks for disposal of domestic waste
only-, where those septic tanks are approved by the County
Environmental Health and Utilities Departments, and where
consistent with the connection regulations set out in Section
918.05 below.
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ORDINANCE 92- 39
(3) When effluent re -use is required and permitted by the
Department of Environmental Regulation and the County
Utilities Department, developers of projects having open space
areas utilizing or projected to utilize ten thousand (10,000)
gallons or more water per day on a peak day for irrigation,
including golf courses, parks, medians, and other such areas,
which are located within a county utility department service
area and are within one mile of the nearest effluent line
containing irr gat3en quality----e€fluez , shall—construct
- construct
effluent re -use lines on site and effluent re -use lines off
site to connect to treated waste water to be used for spray
irrigation of the open space areas within the development
project.
Such large volume irrigation users shall be required to take
re -use water for spray irrigation. The effluent re -use lines
constructed for treated wastewater shall be dedicated to
Indian River County.
Developments located more than one mile from the nearest
irrigation quality effluent line and having open space areas
requiring irrigation shall install dry lines if they are
within the county utilities department service area and
irrigation quality effluent water is or will be available for
re -use.
(4) Regional potable water service will be limited to the service
areas shown on Figures 3.B.7, 3.B.8, and 3.B.9 of the Potable
Water Sub -Element of the Indian River County Comprehensive
Plan, and to areas where the county has legal commitments to
provide facilities and services as of February 13, 1990.
Regional sanitary sewer service will be limited to the service
areas shown on Figures 3.A.8, 3.A.9, and 3.A.10 of the
Sanitary Sewer Sub -Element ver County
Comprehensive Plan, and to areas where the county has legal
commitments to provide facilities and services as of February
13, 1990.
(5) No existing on-site wastewater treatment systems or water
treatment- systems may be -replaced or expanded without the
issuance of a permit conditioned upon compliance with the most
undated-versions-of--county-construction standards and DER and
HRS regulatory requirements and federal and state water
quality standards for sanitary sewer, and in compliance with
the most updated version of DER, HRS, and SJRWMD regulatory
requirements and federal and state water quality standards as
found in the Federal Water Pollution Control Act of 1972 (P.L.
92-500) and its amendments by the Clean Water Act of 1977
(P.L. 95-217). State drinking water standards are also set in
the Florida Safe Drinking Water Act, F.S. 403.850-403.864.
The Federal -Safe Drinking Water Act may be found -at -P -.L.
523. The applicant must also obtain a Utility Construction
Permit and, if applicable, a franchised application from the
Utilities Department.
(6) All new developments within the 2010 urban service areas which
do not have access to existing county potable water systems or
existing county regional sewer systems, which have obtained
county permits to build water treatment plants or sanitary
sewer package treatment plants, must dedicate the plants to
the county for operation and maintenance.
(7) No development requiring connection to a regional system will
be approved if the development's demand exceeds the available
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ORDINANCE 92- 39
capacity for either water or sewer service. Development
orders may be issued for subdivision land development permits
if capacity for water or sewer service is existing or is
designed, under construction and contracted to come on line
prior to the impacts of the permitted subdivision project. No
building permits will be issued for the subdivision until the
capacity for water and sewer service serving- the project is on
line.
Section 918.05 Water and Wastewater Requirements for New
Development
All new developments in Indian River County must connect to
regional sanitary sewer and potable water facilities, unless the
connection matrix and this chapter provide for an alternate method
of utility service. The following connection criteria shall apply
to the various developments:
(1) General Provisions
The following general connection provisions will be applied to
all new development:
(a) Distance Determination
Distance determinations for the purpose of this chapter
are made from the nearest point of the project site to
the public facility directly through public easements or
public rights-of-way.
(b) All developments which do not connect to a regional
system must construct a wet line (in the case of package
treatment plants), pumps and lift stations, or a drT-
line, as required by the Utilities Department at the time
--of-construction.
(c) All applications for septic tanks and package treatment
plants must demonstrate compliance with applicable
federal, state and local requirements. All applicable
federal, state, and local permits must be obtained.
(d) All wet lines and package treatment plants must be
dedicated to the County. This shall not include on-site
aerobic treatment units.
(e) All provisions of Section 918.05 will apply to potable
water wells and on-site public water plants as well as
septic tanks and package treatment plants.
(f) The final determination for the type of commercial,
institutional, and industrial establishments which can
obtain -permits -for -treatment plants -or -septic tanks will
be made by the Utilities Department Director and
Community Development Department Director and
Environmental Health Director.
(g) The Utilities Department shall update the existing
wastewater service area and potable water service area
boundaries annually.
(h). Existing developments within the 2010 Urban Service Area
which do not have access to the existing county system
and have a DER permit for a treatment system, may expand
if the DER and County Utilities Department issue permits
for expansion, and if the developer or property owners
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ORDINANCE 92- 39
association signs an agreement to connect to the regional
system when it is available.
(i) The Utilities Department, Environmental Health
Department, and the Community Development Department will
enforce connection requirements to the regional system
-for both residential and non-residential developments.
(j) The Utiliti Department, - environmental Health
Department, and Community Development Department will
enforce connection requirements for single family units
to the regional system. Permits for single family units
not connecting to a regional system shall indicate that
they must connect to the county system when it is
available within 200 feet of the property line.
(k) The appropriate type and size of package treatment plants
will be determined by the Utilities Department and/or the
Environmental Health Department.
(1) Any development must meet the above general provisions,
Florida Administrative Code 10-D-6 requirements, and
County Environmental Health Requirements to qualify for
any of the specific exceptions listed below.
(2) Connection --Criteria for Single Family Residential Dwelling
Units
No building permit for a new single-family residential unit
within two hundred (200) feet of the regional system shall be
issued unless the unit connects to the regional system.
(a) Single family residential dwelling units located more
than two hundred (200) feet from a collection line of the
Indian River County sanitary sewer system may utilize
on-site septic system if any of the following conditions
are met.
The single-family residential unit is in an area
having a density of two (2) units per acre or less.
2. The single-family residential unit will utilize
public water and i s i n an area with a density of
four units per acre or less.
Undersized lots in existing subdivisions not
meeting the requirements of subsections 1 and 2
above may utilize an on-site septic system if the
single- family unit satisfies the requirements of
the Public Health Unit, Division of Environmental
Health.
4. The single-family residential unit is in the
agricultural (1 unit/5 acres, 1 unit/10 acres, and
1 unit/20 acres) or rural (1 unit/acre) area of the
county, as designated by the land use map of the
comprehensive plan.
(3) Connection Criteria for •• Residential Projects
(subdivision, multi -family, site plan, PD, DRI)
No new . - • • to • residential project
within 1/4 mile of the regional system shall be approved
unlessMI • . •e the project connects to the regional
system. IMSUSIEM Residential projects located outside of
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ORDINANCE 92- 39
$ mile of the system meeting the criteria of subsections (a)
or (b) below may be approved without connection to the
regional system.
(a) The following M •• M residential projects located
within the Urban Service Area and outside of 1/4 mile of
the system can utrl*zetanks andprivatewells-:
Residential p-1—ts with IPF;F; than
twenty five (25) • lots/units, with a
density of less than 2 units/acre or less than 4
units per acre if public, water is provided.
Notwithstanding this provision, noM%oT*TVJM
residential projects shall be approved without
connectins to a regional system if the proposed
Service Area, if the tract proposed for subdivision
was part of a tract which existed -S,
131 19901 and the total number
existing on that parent tract would
five (25) with the approval of
•. • residential project.
If lots/units
exceed twenty
the subject
(b) The following 01 •• - • residential projects located
within the Urban Service Area and outside of 1/4 mile
from the system can utilize npa__ckage treatment plants
dedicated to the county:
1. •• M Residential projects with IM -01=
twenty five (25) or more lots/units.
2. •• • Residential projects with less than
twenty five (25) • lots/units with a lot
size of less than 1/2 acre.
(4) Connection Criteria for Planned Residential Development and
lti- amily-Projects
No-newits-pla fer a pia. ed— eaident a,,z=uldevelopment 11 f-1
a multiple family project shall be approved unless the
opment nnnnocts to a regional system,
provided in subsections (a), (b) or (c) below.
(a) Planned residential developments and multi-famil
rojects with a density of 2 units/acre or less, and
having twenty five (25) units or less can utilize septic
tanks if they are within the 2010 Urban Service Area and
they are not within 1/4 mile of the regional system, an
they install dry lines.
(b) Planned residential
developments
and multi-famil
pro7ec s, witha
density
o
units/acre
connected to an approved county
public
water system,
and
havi7rg-twenty
tanks if they
five (23runits
are within
the
or--lesean-utilize
2010
Urban Service
sceptic
Area and
thee-re-nat
w thi-n-1/-4-mi-e-o-f
the
-rsglanal_system,-an
they install
dry lines.
(c) Planned residential
developments
and multi
-family,
ro'ects can
utilize package
treatment
plants if
they are
itthe 2010
Urban Service
Area and are not within
1/4
mile of the
regional system,
and
the package
treatment
plan�dicated
to Indian
River
County and a
nye over
to Indian River
County
for
operation.
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ORDINANCE -92- 39
(4�j) Connection Criteria for . • . .
RIVOYMMMIMNon-Residential Projects
institutional establishment • •
shall be approved unless connected to the regiona
system, except as provided in subsections (a) or (b) below.
(a) The following •
non-residential projects within the 2010 Urban Service
Area and outside of 1/4 mile of the regional system can
utilize septic tanks.
•• - •- - • • Non-residential projects
generating less than 2,000 gallons of domestic
wastewater per day.
(b) The following NeIRM54 im IMEM-0.1,0010-1013
non-residential Droiects within the 2010 Urban Service
Area and outside of 1/4
package treatment plants.
Commercial and institutional establishments with
five -thousand- (Sfl 0"quare—feet—or—less—of gro"
floor area (reneratinammkIrefacT.3• • •
generating less than 2,000 gallons of non-domestic
wastewaterep r day if approved by the Environmental
2. MO • I of...
• • • 111 • • • •
•. • . Non-residential projects
generating.more than 2,000 gallons of only domestic
wastewater per day, • and satisfying the
requirements of Section 918.05(l)(f).
connection CriteriafoLirdu�trial Establishments
No new site plan for an industrial establishment shall be
approved unless the establishment connects to the regional
+�
,1 as is otherwise provided—below.
m
(A) The following industrial establishments_withilLthe 2011
rban Service Area and outside of 1/4 mile of system can
utilize septic tanks.
1. Industrial establishments with five thousand (5000)
square feet or less of gross floor area generating
only domestic waste as determined by the
Env>_ronmenta .Heat DeparEment--9ire—cto-r.
�tiyj— Pllefollow11 lustf a! establtshments-within the
Strban Service Area and outside of a 1/4 mile of a system
an t.L t 1 + + + 7 +
1. Industrial establishment with more than five
thousand. (5000) square feet of gross floor area
generating only domestic waste, or satisfy the
requirements of Section 918.05(1)(f).
**'*NOTE: The attached, one page matrix is to be appended to
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14
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ORDINANCE -92-,,39 ,
TABLE 3.A.16
AND 3.B.19
WATER & WASTEWATER CONNECTION MATRIX
ithin 200' ni system
utside of 200' of system
INSIDE OF THE URBAN
esioential Projects:
ubdivision, multi -family
ite plan, PD, DRI
ithin i mi. oft e�em
25 units or more X
Le ss than 25unitsX
----------------------------------------
u tside of 1 mi. of system
or more
Less than
X . Vyy
Less than 25 units
on-neslcentlAl Projects:
Subdivision, Site plan, PD, DRI
Within Umi. of system
2,000 gallons daily flow
W7 more
Less than 2,000 gallons
daily flow
-- -------
utside.-of J mi. of system
21000 gallons daily flow
or more *
Less than 2,000 gallons
daily flow*
*
ow refers to water consumption or sewer I
--a,1C applicant for any development project, where such project
Willi"
not connect to a centralized system, must sign a developer's
agreement .with LPttl Indian River
operate on a priixCounty Utilities Department to
regional ate system with a commitment to connect to the
be systev 1 A service is available, These agreements shall
conditioned uppn demonstration of eot4plia.^.ce with applicable
federal, 9tAtOi and local
privata syetee bt On -®its facilities Permit r the developer- must construct
When using a
a dry lid@ 6y lino ate- acil
a resiieits ifepartment. The final "0 T-Ims Ofd nation for uction, if required by
non -reeideAtial establishment which can utilize aof
shall be dfade $he type em
Departmer�€f and Environmentale Healtartment Community
system
mmunity Development
Department.
System. Availability; A system is considered available when a
right,
or distribution line exists in a public easement or
right-of-way,
Dista
nearest
Point urination: Distance determinations are made from the
nearest point of the project facility directly through publiceasementseAOf development)
to the public
Public rights-of-way.
ADOPTED INTO�ND DEVELOPMENT REGULATIONS By BOARD OF COUNTY
COMMISSIONERS.SEPTEMBER 29, 1992
Coding: Words inMMEM
Words underlined type are deletions from existing law.
_ are additions.
15
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ORDINANCE 92- 39
SECTION 20: Chapter 925 (Open Burning/Air Curtain Incinerator
Regulations) of the land development regulations is hereby amended
to read as follows:
"Section 925.01. Short title and purpose.
(11- This chapter shall -be -known and maybe-cited-as-the--Indian
River County Open Burning and Air Curtain Incinerator
Reguiat l Ordinance.
(2) The Indian River County Board of County Commissioners finds
that it is in the best interest of public health and safety
and the environment to prohibit the open burning of material
discarded incidental to land clearing or construction
practices. It is the purpose of this chapter to regulate open
burning and require the use of air curtain incinerators to:
(a) Promote the efficient urn�f tan clearing de ris,
thus substantially reducing air pollution and the
nuisance of open burning in urbanized areas;
(b) Minimize the hazard and pollution of land clearing debris
disposal, recognizing the benefits of allowing limited
controlled burring to reduce the volume of landfill
material in the county; and
(c) Implement the policies of the Indian River County
Comprehensive Plan relating to air pollution and solid
waste reduction.
Section 925.02. Definitions referenced.
The definitions of certain terms used in this chapter are set -forth
in Chapter 901, Definitions, of the Indian River County Land
Section 925.03. Exemptions.
The following activities are exempt from the provisions of this
chapter:
(1) Burning activities incidental to agricultural or silvicultural
operations as set.forth in section 8 of Chapter 85-427,
Special Acts, Laws of Florida;
(2) Burning activities associated with the use of .•• -• • •
MIX air curtain incinerators permitted by the Florida
Department of Environmental Regulations (FDER) and operated by
governmental entities; and
(3) Burning activities associated with "private land clearing
debrisburnfacilities"as defined -in Chapter -901 and subject
to the provisions of Section 971.27;
(4) On-site burning of debris associated with rural land clearing,
as defined in Chapter 901, subject to the setbacks, time
frames and other conditions of Chapter 51-2, Florida
Administrative Code, as may be amended, and as administrated
by the State Division of Forestrv; and
®(5) Open burning activities to reduce yard trash and
household paper products generated on occupied
residential premises of not more than two-family dwelling
units, subject to setbacks, time frames, and other
conditions and restrictions as set forth in Chapter
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ORDINANCE 92- 39
17-256, Florida Administrative Code, as may be amended,
and as administered by the State Division of Forestry
(DOF).
Section 925.04. Open burning prohibited; air curtain incinerator
permit requirements.
Except as exempt in section 925.03, it shall be unlawful to burn or
all -ow -the open —burning—o-f- materials s a; rde :-ncidental to land
clearing or construction activities, provided, however, that
nothing in this chapter prohibits burning in an approved type of
air curtain incinerator meeting specifications of Chapter 17-256,
Florida Administrative Code, upon issuance of and in compliance
with a permit to use an air curtain incinerator obtained from the
• •1111=111630 M. 1 1-2.INIndian River County
De artment-of Emer enc Services Fire Division . The • . .-._-.. _71,11 Indian River Countv Department of
Emergency services (Fire Division) snail issue a permlL Lo use an
air. curtain incinerator upon finding that all requirements of this
chapter, and other applicable laws, and rules have been met. A
permit to use an air curtain incinerator may be applied for on
forms provided by the Indian River Count De artment of Emer enc
Services Fire Division). • • •Mj
rOMMIUMM.M. Any permit to use an air curtain incinerator shall
contain the following conditions:
(1) Use of the air curtain incinerator shall be initiated only
after initial start-up approval has been given by the
• •-•. Indian River County
Department of Emergency. Services (Fire Division) and a site
review has been conducted by the local fire authority. Such
approval shall be granted after inspection reveals that the
air curtain incinerator has been properly located and
installed in accordance with laws, the material to be burned
as been properly dried, and dally conditions are no
unfavorable to burning according to the division of forestry
and local fire authority. The permittee shall request an
inspection at least seventy-two (72) hours before he commences
initial operation of the air curtain incinerator.
(2) Each -fag that -a- permittee wishes to—use an air curtain
incinerator; the permittee shall telephone the MOMMIRM
CDunty PublicDepartment, Indian—River--Department—f
Emergency Services (Fire Division) prior to that day's start-
up of the air curtain incinerator and advise that department
of the permittee's permit number and intent to use an air
curtain incinerator.
(3) Use of the ,air curtain incinerator shall be discontinued at
any time that the permittee has been advised that the
permittee has been advised that the division of forestry or
local fixe—authority-has- determinedthatweather conditi-ons
are unfavorable for safe burning. The permittee may be so
advised at the time the permittee calls the
County -Public Health Department Indian River Department of
Emergency Services (Fire Division).
(4) Additional conditions consistent with recommendations of the
division or forestry or local fire authority or necessary for
compliance with this ordinance or applicable laws or rules may
be included in any permit to use an air curtain incinerator.
(5) Except for sanitary landfills which are permitted and approved
in accordance with Chapter 403, Florida Statutes, and Chapter
17-701, Florida Administrative Code, the disposal, discharge,
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ORDINANCE 92- 39
deposit, injection, dumping or placing of land clearing
debris, or any solid waste into or upon any land or water
including groundwater is prohibited. The method of disposal
for "clean debris" as defined in chapter 17-701.20 Florida
Administrative Code, shall be approved by the Indian River
County Public Health Department.
Landclearing debris generated from a parcel(s) may be
transported to a parcel(s) under the same ownership as
the debris -generating parcel(s), or to a parcel owned or
leased by the land clearing contractor who conducted the
land clearing, and incinerated under the provisions of
this ordinance (Chapter 925).
Section 925.05. Permit application fees.
The listoolFai MM- Or • • 1••• Indian River
County Department of Emergency Services (Fire Division) may
establish a permit application fee schedule and charge fees for the
submittal of applications for use of an air curtain incinerator.
Such fee schedule shall be subject to approval of the board of
county commissioners; fees collected shall be used to defray costs
incurred by the - -•.111• • • Indian
River Countv Department of Emerqencv Services (Fire Division) in
admini—stering this chapter.
Section 925.06. Adoption of state standards not in conflict with
this chapter
Except to the extent that they specifically conflict with this
chapter, all laws and rules of the state relative to burning,
including but not limited to Chapter 17-256,. Florida Administrative
Code as may be amended, are hereby adopted_ by_ reference
Section 925.07. Additional setbacks and restrictions on use of air
curtain incinerators.
(1) In addition to the requirements for the use of air curtain
incinerators contained in Chapter 17-256, Florida
Administrative Code and other provisions contained or adopted
6reference herein, in no case shall air curtain incinerators
be set - back • - • • • i less thanfive—hundred
5( 00) feet FITAM • - from any • • -• • • • occupied
structure, unless the occupant of an occupied structure
located within 500 feet of a or000sed air curtain incinerator
location acknowledges in writing to the county that he or she
no
structure
ihall be
acceptable to the Indian River
Services (Fire Division).
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ORDINANCE 92- 39
(2) In addition to the requirements contained in Chapter 17-256,
Florida Administrative Code, and other laws and rules adopted
by reference herein, the use of air curtain incinerators shall
be restricted to weekdays, that is Monday, Tuesday, Wednesday,
Thursday, and Friday. No air curtain incinerator shall be
used on a SaturdayL Sunday, or holiday observed by the county.
Section 925.08. Authority of the division of forestry or the local
fire—authority—notd-imin-fished.
Nothing in this chapter shall diminish the current authority of the
division of forestry or the local jurisdictional authority to order
that burning be cased based on a health nuisance and/or fire safety
hazard.
Section 925.09. Enforcement and penalties.
This chapter may be enforced by the HUMMIM101=25170356
�-•• Indian River County Department of Emergency
Services Fire Division and the Indian River County Environmental
Control Board in the manner set out in Chapter 85-427,
Special Acts, Laws of Florida, or may be enforced as any county
ordinance, including but not limited to enforcement by the board of
county commissioners seeking injunctive relief or applying county
code enforcement citation procedures. For purposes of enforcement
of thi ^rdinance ee burned unlawfully shall constitute a
separate violation of this ordinance. Collected fines shall be
used in part or in whole to defray costs incurred by the MM
11=1111M . . . count emer enc services fire
division in enforcing this ordinance." ••
SECTION 21: Add section 926.11(2)(b)9. to the Landscape and Buffer
Regulations chapter of the Land Development Regulations, to read as
follows:
119. All automatic landscape irrigation systems shall be installed
with a rain sensor device or rain sensor switch which will
override the irrigation cycle of the sprinkler system when
adequate rainfall has occurred."
SECTION -22 ---Amend section 926:06, to read as follows:
(d) Tree species shall be a minimum of ten (10) feet overall in
height and two (2) inch caliper at the time of planting.
Understory trees to be planted as part of a required buffer
shall be five (5) feet overall in height and one (1) inch
caliper at the time of plantin
SECTION 23: AmendSection g27: of Lux Chapter 9V,
Protection and Land Clearing, to read as follows:
"Notwithstanding anything to the contrary in this chapter, the
following activities shall be lawful without application for or
issuance of a tree removal or land -clearing permit. None of these
exemptions shall apply to any mangrove, dune vegetation, specimen
or historic tree, or upland native plant community conservation
area, unless otherwise stated below. The burden of proving
entitlement to any particular exemption shall lie with the person
claiming use of the exemption, in the event the exempted activity
ever becomes subject to an enforcement proceeding.
(1) The removal, trimming, pruning or alteration of any
unprotected tree or other vegetation as necessary for:
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(2)
ORDINANCE 92- 39
(a) The clearing of a path not to exceed four (4) feet in
width to provide physical access or view necessary to
conduct a survey or site examination for the preparation
of subdivision plats, site plans, or tree surveys; or
(b) The clearing of a path not to exceed ten (10) feet in
width to provide vehicular access necessary to conduct
soil percolation and/or soil bore tests on a property,
provided such clearing-or-removalis conducted -under the
direction of a Florida registered surveyor or engineer.
Routine landscape maintenance,such as trimming or pruning of
vegetation, which does ® not - .-• result in the
eventual death of the plants, mowing of yards or lawns, or any
(3) The removal, trimming, pruning or alteration of any tree or
vegetation in an existing utility easement or right-of-way
provided such work is da ne- b -oma under- the- control of the
operating utility company and said company has received all
necessary licenses or permits to provide utility service
within the easement.
(4) The removal, pruning, trimming or alteration of any tree or
vegetation for the purpose of maintaining existing access to
a property.
(5) Any activity conducted by a lawtully operating and bona fide
commercial nursery, tree farm, agricultural operation,
silvicultural operation, ranch, or similar operation, when the
activity occurs on the property owned or lawfully occupied by
the person conducting said activity and is done in pursuit of
said activity. This exemption shall include the purposeful
removal of—a-treee or trees for their permanent relocation --at
another site undergoing development. When land -clearing or
t�e removal -has been performed under this exemption based
upon the use of the property for an agricultural or
silvicultural operation, the following shall apply:
(a)
No land development order shall be approved for any non-
agricultural or non-silvicultural use or improvement on
the same site within two (2) years of the completion of
such land clearing or tree removal.
staining t silviculture, operations are encouraged to
implement- a State Division of Forestry approved
management plan, including a reforestation plan for
harvested lands.
(c) Pertaining to agriculture, operations are encouraged to
implement a Soil and Water Conservation District approved
conservation plan, including the use of Best Management
Practices, as applicable to the specific area being
cleared.
(6) Any tree which has been destroyed or damaged beyond saving, or
which constitutes an immediate peril to life, property, or
other trees, may be removed without a permit.
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ORDINANCE -42- 39
(7) Tree removal, land -.clearing, or grubbing of any vegetation,
except mangrove or dune vegetation, upon any detached single-
family residential lot or parcel of land having an area of one
(1.0) acre or less; provided, this exemption shall not be
construed to allow land -clearing, grubbing, or tree removal
without permit of any such lot or parcel by its subdivider
unless the subdivider intends in good faith to -forthwith begin
construction of a dwelling .unit or units upon .said lot.
Advertisement l for sale of the articular lot or
�z�zo��c�sting p
parcel without the dwelling unit shall create a presumption
that the subdivider does not intend to forthwith begin such
construction and that the intent is for the lot or parcel to
be developed by a subsequent purchaser.
SECTION 24: Amend Section 930.06(1)(a), to read as follows:
(1) The following activities shall be exempt from the permitting
requirements of this chapter:
(a) The construction of an individual detached single-family
residences ® duplex F sm & triplex, or quadraplex
residences, together with accessory structures, provided
that said residences and accessory structuresarenot
located in flood hazard zones as identified in section
and 914.27(2) i��ay Le applicable.� will be applicable.
When located in a flood hazard zone, the applicant shall
be required to obtain a flood management system permit
(Type C) which shall be issued upon the applicant
demonstrating compliance with section 930.07(2) (a
through j).
SECTION . 25. So - tion of the Stormwater
Flood Protection Chapter of the Land Development Regulations is
hereby amended to read as follows:
"(d) Retention or detention facilities shall be constructed in such
a manner as to maximize utilization of available percolation
capabilities on-site for recharge enhancement andtominimize
mosquito breeding by being shallow, shall be easy to maintain,
and shall have a skimmed mechanism if required by the SJRWMD.
Stormwater management facilities which are to be dedicated to
the county shall not penetrate the groundwater table. Private
wet retention/detention systems shall meet the following
criteria:
1. The application provides a water quality certification
from the SJRWMD or Florida DER that the direct connection
to the groundwater table, as proposed, will not
S scant y detract from se .0of tilt:
groundwater. If the size of the development project is
below SJRWMD or DER thresholds, this certification can be
waived;
2. The site is not located on the primary sand ridge or
designated shallow aquifer recharge areas as delineated
on Figure 3.D.2 of the natural groundwater aquifer
recharge sub -element of the county's comprehensive plan.
Littoral zones shall be provided in accordance with
Chapter 934 of this Code.
4. All developments providing wet detention systems having
ponds greater than one acre in area at normal pool
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ORDINANCE 92- 39
elevation may use the stormwater run-off contained in
such pond(s) for irrigation purposes.
5. As the SJRWMD requirements for treatment are equal to, or
more stringent than the County's, the issuance to the
applicant of an appropriate SJRWMD permit, exemption, or
waiver for the development in --question shall be
sufficient and conclusive to show that all water quality
treatment standards contained in t.«.T� �� code are satisfied.
For issuance of a Type A, B or C permit, the applicant
must show adherence to other sections of this code
related to flood regulation, water rate and quantity
discharge regulation and other appropriate regulations
contained herein.
SECTION 26: Amend a portion of the section 952.07 "TRIP RATE AND
PERCENT NEW TRIPS DATA TABLE" (all other portions of -the curi�ly
adopted table are to remain) as follows:
ITE Land Development Activity
CODE (LDA)
Commercial 0-9,999 SF
Indep. Trip New
Variable Rate Trips
1,000 S F 98 49%
Commercial 10,000-19,999 1,000 S F 108.5 49%
S F
820 Commercial 20,000 - 1,000 S F 94.7 498
100,000 S F 1 11 111
L11, Contractors Trades; Mul- 1,000 S F 35.2 _92%_
tiDle Tenant Building
ill Contractors Trades; Single 1,000 S F 9_4 928
SECTION 27: Amend section 952.10(2)(a), to read as follows:
I Accelerationv— deceleration and/or turning lanes -shall -be
provided by the applicant at intersections of arterial or
collector -routes -if --projected traffic -entering the_site equals
or exceeds thirty (30) vehicles in the peak hour turning left
or seventy-five (75) vehicles in the peak hour for right turn
movements. For projects with significant truck traffic (over
58 of anticipated project traffic volume), passenger car
eauivalents (PCE) at the rate of 1 truck = 3 PCE shall be used
in determining the application of the above acceleration.
and/or deceleration lane requirements. For purposes of this
section, anv vehicle with three (31 or more axles shall be
SECTION 28: Section 953.10 of the Fairshare Roadway Improvements
Chapter of the Land Development Regulations is hereby amended to
read as follows:
Section 953.10 Credit Against Payment of Traffic Impact Fees.
(1) Any person who shall commence any land development activity
generating traffic may apply for a credit against any fee owed
pursuant to the provisions of this chapter for any
contribution, payment, construction, or land accepted and
received by Indian River County or any municipality
participating in this chapter, including any contribution,
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ORDINANCE 92- 39
payment or construction made pursuant to a development order
issued by Indian River County or any participating
municipality pursuant to its local development regulation or
Section 380.06, Florida Statutes, or any additional
development requirement imposed by the Florida Land and Water
(2) The credit shall be in an amount equal to the market value of
the contribution, payment, construction or land dedication.
No credit shall exceed thefent—orthe proposed impact
generating activity imposed by this chapter, unless a credit
(developer's) agreement is completed which provides use of
excess credits and stipulates how the excess credits will be
applied toward additional lands owned by a developer.
(a) If the proposed credit agreement involves credit for the
dedication -of land:
g and-l-egal-dea ription of the
The appraised fair market vallip nf be land at tb
jd!ateof its dedication, prepared by a certified
Florida rpal property ser a roved b the
administrator or his designee, and if
le
3. A certificate of title or title search of the land;
4. A certified copy of the development order in which
t o land was agreed to be dedicated
heproposedp}arm -o�th� spec�f3�c-ens�rue��on
iifi
repared and certified by a duly qualified and
Canaorl Flo * agi-n-ee •
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ORDINANCE 42- 39
c) proposed cre
any contribution or payment:
NJ F2If
rtified copy of the development order in whichcontribtltinn nr p.ment waG agree4
ayment has been made, proof of payment; or
ayment has not been made, the proposedmethod
ayment.
4. No credit shall be granted for any costs, contri
Davment, construction or land received by Indian River
or any munlcipallLy parLlclpaLing In Lnls c:napt.er iL maau
costs, contribution, payment, construction or land dedication
is received or made before a credit agreement is approved by
the county administrator or his designee and is fully executed
by all applicable parties. Any claim for credit not so made
and approved shall be deemed waived.
Once the county
administrator
or
his designee
determinertheproposed
credit
agreement
is complete,
he shall
review iti
in it y
ays
an gran
e propose
cre itransportation
jagreementif the
contribution,
payment,
construction
or land
dedicatiorr.
(a Mees�-npansion
nedtheceunt"T
mai^ ranad
network system
which
is identified
in the
county's 20-
capital
improvement
program . or
(b. Provides a capital road improvement to the county's major
road network system which provides capacity expansion
necessitated by the proposed land development activity.
6. Once the proposal is determined to be complete, within thirty
(30) days of such a determination the county administrator or
his designee shall review the proposed agreement, and shall
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ORDINANCE 92- 39
grant said agreement if the provisions and requirements of
section 953.10 are satisfied.
a. No credit shall be given for site -related improvements or
site -related right-of-way dedications.
b. Site -related improvements are capital impro
Tiaht-of-wav dedications for direct access
are not
1. access roads leading to and from the development;
2. the Davina and/or improvement of a thoroughfare
plan roadway segment, as a two-lane facility where
such improvement is necessary to provide paved
access to and from the project, if the roadway
segment is not scheduled to be improved within five
(5) years from the time of the credit agreement, as
shown on the adopted capital improvements program;
3. driveways and roads within the development;
4. acceleration and deceleration lanes, and right and
5. traffic control devices (including signs, marking,
channelization and signals) for those roads and
driveways within the,,development.
C. No credit shall be given for improvements or right-of-wa
dedications unless such improvement(s) or dedication(s)
meets an expansion need of the county's road network
system which is identified in the county's ZD -year
transportation capital improvements program.
MINOR, 11 wlniililoiiim- U111IM" 11151M
7. All required right-of-wav dedications and/or roadway
improvements, whicharecompensable made by a fee payer
subsequent to October 9, 1992, shall be creditable against
road impact fees otherwise due or to become due for the
development that prompted the county or the municipality to
require such dedications or roadway improvements. Such
credits shall be determined as provided as set forth herein.
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nuiva uuuciiincu are auui�ivuo. c�
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ORDINANCE 92- 39
credit agreement, the amount of the security shall be
increased by (10) percent, compounded for each year of the
life of the securit
1. A drawing and legal description of the land; and
2. A certificate of title or title search of the land.
b. Credit for non -site related construction is limited to
capital improvements. A capital improvement includes
.ng de
and c
a. construction of new through lanes;
b. construction of new turn lanes (not related to th
project site);,
c, construction of new bridges;
d. construction of new drainage facilities i
conjunction with new roadway construction;
e, purchase and installation of traffic signalization
to
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ORDINANCE 92- 39
f. construction of curbs, medians, and shoulders (not
related to the project site); and
g_ relocating utilities to accommodate new roadway
construction.
10. In order to maintain the
purpose of the Fair Share R
necessary that a unifor
rata or proportionate share
Improvement Ordinance, it is
hod be used countywide in
—Therefore. the -county, when
considering compensation or credit for road right-of-way,
shall apply the right-of-way standards it has established in
the unincorporated areas throughout the entire county, i.e.,
dedication of the minimum local road widths (60' w/swale; 50'
w/curb & gutter) is non -compensable, thus putting the
unincorporated areas and the incorporated areas in the same
posture thereby maintaining the integrity of the pro rata or
2ro2ortionate share concept.
11. Credits shall not be transferable from one project or
development to another without the approval of the board of
county commissioners and may only be transferred to a
development in a different impact fee district upon a finding
by the board of county commissioners that the dedication or
right -of -Way or road construction for which the credit was
given benefits such different impact fee districts.
SECTION 29: Footnote "2*" to "Table A - Parking Space Dimensions"
of Section 954.07 of the Off -Street Parking Chapter of the Land
Development Regulations is hereby amended to read as follows:
"2* 61F.1510193*4 11MMMM=• • - •• Up to (3) feet of
stall depth may consist of open, landscaped area when stalls
are designed to have bumpers overhang into landscaped areas.
Landscape materials shall not conflict with the overhang area,
nor shall the overhang area conflict with adequate provisions
for meeting landscape requirements. The landscape area
comprising a portion of the stall depth shall not be credited
toward satisfvina anv minimum landscape area or open space
requirement.
SECTION 30: Section 956.12(1)(p) of the Sign Regulations Chapter
of the Land Development-Regul-ations__is_hereby-established, to read
as follows:
(p) A sign four square feet or larger in size which is affixed to,
attached to, or located on a parked vehicle such that the sign
is visible from a public right-of-way, unless said vehicle is
parked in a designated parking area and is used in the normal
day-to-day operations of the premise business or unless said
vehicle is involved in a visit to the site related to regular
required by law; ordinance or regulation. The intent or this
prohibition is to prohibit vehicles from being utilized as on -
premise or off -premise signs except as incidental to bona fide
vehicle use.
SECTION 31: Section 956.14(5)(c) of the Sian Regulations Chapter
of the Land Development Regulations is hereby amended, to read as
follows:
"No signs shall M be displayed that are fluorescent M or
•- phosphorescent. • • •• -. -• f - • --
No light sources such as strip lighting or
streamers shall be allowed along roof lines or above the roof.
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ORDINANCE 92- 39
No sign shall have a light source which exceeds the following
criteria for light intensity. Reflective vinyl sheeting shall
be exempted from this chapter."
SECTION 32: Section 971.41(10) of the Regulations for Specific
Land Use Criteria Chapter of the Land Development Regulations is
hereby established, to read -as -follows:
Aecessery�inglle Family - wellinc-Unite
u The construction of an accessory dwelling unit on a
residentially zoned lot shall be allowed subject to the
provisions of Section 971.41(10). The standards and
requirements of this section are intended to make available
inexpensive dwelling units to meet the needs of older
households, single member households, and single parent
households. This is in recounition of the fact that housing
Iv Americans
on the rise.
Districts requiring Administrative Permit approval, (pursuant
to the provisions of 971.04).
A-3 A-2 A-1 RFD RS -1 RS -2 R5-3
RE-6RT-6 RN -?RM -a KM -5 RM -8 —
Con -2 Con -3 Rose -4
u Requirements of Section 971.41(10) shall not supersede
property owner deed restrictions.
ll Additional information required:
L. A site plan conforming to Chapter 914 requirements.
ll Criteria for Accessory Dwelling Units:
1. Accessory dwelling units shall be located only on lots
which satisfy the minimum lot size requirement of the
applicable zoning district.
2. The accessory dwelling unit shall be clearly incidental
to the principal dwelling and shall only be developed in
conjunction with or after development of the principal
dwelling unit.
3. Not more than one accessory dwelling unit shall be
established in conjunction with a principal dwelling
unit.
4. No accessory dwelling unit shall be established in
conjunction wit a mul--am yy we ng unit..
5. The heated/cooled gross floor area of the accessory
dwelling unit shall not exceed 33% of the heated/cooled
gross floor area of the principal structure or 750 gross
square feet, whichever is less. The accessory dwelling
unit shall be no smaller than 300 gross square feet of
heated/cooled area.
R. RV dUCe550ry Qwelllnq Un1L `.infill nave d avvrwdy CnLrduGe
visible from the same street as the principal dwelling
unit.
7. Detached accessory dwelling units shall be located no
farther than 75' in distance from the principal dwelling
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ORDINANCE 92-39
unit from the closest point of the principal dwelling
unit to the closest point of the accessory dwellina unit.
8. Excluding converted garage accessory dwelling units, the
accessory dwelling unit shall be designed so that the
exterior facade material is similar in appearance to the
facade of the existing principal structure.
accessory dwelling unit in addition to spaces required
for the principal dwelling unit.
10. The accessory dwelling unit shall be serviced by
centralized water and wastewater, or meet the
Environmental Health Department's well and septic tank
and drainfield requirements. Modification, expansion or
installation of well and/or septic tank facilities to
serve the accessory dwelling unit shall be designed in a
manner that does not render any adjacent vacant
properties "unbuildabie" for development when well and/or
septic tank facilities would be required to service
development on those adjacent properties.
11. to accessory dwelling unit shall be sold separately from
the principal dwelling unit. The accessory dwelling unit
and the principal dwelling-unit-shall--be-locatedd nn a
single lot or parcel or on a combination of lots or
parcels unified under a recorded unity of title document.
12. Prior to the granting of an administrative permit
approval, the applicant shall obtain an initial
cnnrnrrencv certificate from the nlannina division.
SECTION 33: Section 971.41(9) of the Regulations for Specific Land
Use Criteria Chapter of the land development regulations is hereby
established, to read as follows:
"(9) Small Lot Single-family Subdivisions (administrative permit):
u Districts requiring Administrative Permit approval, (pursuant
to the provisions of 971.04):
RS -6 RT -6 RM -6 RM -8 RM -10
u Criteria for small lot subdivisions:
1. The small lot subdivision shall e serviced y
centralized water and wastewater.
2. The gross density of any small lot subdivision shall not
exceed the maximum density allowed within the zoning
district in which the subdivision is located.
3. Perimeter lots are those lots which abut or are adjacent
to areas not included in the nronosed small lot
a residential or agricultural zonina desianation shall:
a. Conform to the standard applicable size and
dimension criteria of the respective zoning
district in which the project is located; or
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ORDINANCE 92-39
b. Comply with the following_ size and dimension
criteria:
• Minimum Lot Width: 50'
a Minimum Lot Size: 5,000 sq.ft.
• Minimum Yard Setbacks:
Front: 20'
Side: 7'; 5' on lots fronting a cul-de-
sac circle
Rear: Minimum rear yard setbacks shall be
provided, based upon lot width, as_
indicated in the table below:
LOT WIDTH REAR YARD
>50' & < 55' 30'
>_55' & < 60' 27'
>-60' & < 65' 24'
>-65' & < 70' 22'
4. Interior lots (those determined not to be perimeter lots)
and those perimeter lots which abut a property having a
commercial/industrial land use designation shall comply
with the following size and dimension criteria:
• Minimum Lot Width: 50'
• Minimum Lot Size: 5,000 sq. ft.
• Minimum Yard Setbacks: Front: 20'
Side: 71; 5' on lots
fronting a cul-
de-sac circle
Rear: 15'
.15
6. A buffer maintenance easement, having a minimum width of
or abuts on
�1
resiaentially aes3
:e proposed smal
ved small lot subdJ
*ed -in" subdivisior
yen developed as 5(
A. A 6' opaque buffer improvement shall be _provided
within the easement and shall consist of one of the
Existing and/or planted vegetation
_ A combination of a landscaped berm and
vegetation
A wall or opaque fence
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ORDINANCE 92-39
- Any other buffer improvement(s) allowed under
the provisions of Section 926.08 of the Land
Development Regulations
B. The buffer improvement(s) shall be located within a
buffer easement(s) as designated on the small lot
subalvision plat. Baia easement(s) snail De
depicted on the final plat and shall be dedicated
to
to ensure maintenance of the buffer improvements.
considered a required subdivision improvement and
shall be provided in accordance with the provisions
of section 913.08 of the Land Development
C. No structure(s), other than those related to
buffering, drainage or utilities, shall be located
in the buffer easement.
7. Minimum building setbacks as specified in 971.41(9)(b)3
and 4, above, shall be depicted as a residential building
envelope on the preliminary plat. Language shall be noted
on the final plat to the effect that specially -approved
setbacks are in effect on the lots.
SECTION 34: Section 971.27 of the Regulations for Specific Land
Use Criteria chapter of the Land Development Regulations is hereby
established to read as follows:
J31 Private Land Clearing Debris Burning Facilities (special
exception).
JL Districts requiring special exception approval (pursuant to
the provisions of 9713): A-1, A-2, A-3
Additional information requirements: a site plan meeting all
the requirements of Chapter 914, which shows: the location and
specification of all screening materials; the location and
designation of all thoroughfare roads which serve the site;
and occupied structures within five hundred (500) feet of the
burn area: the location of proposed stockpiles and the burn
area; and allrequiredsetbacks-.
u Criteria for land clearing private debris burning facilities:
1. There shall be, at minimum, a five hundred (500) foot
separation distance between the burn area of the facility
and any occupied structure in existence at the time of
the site plan application.
2—The use shall be limited to property with an AG -1, AG -2,
or AG -3 land use plan designation.
3. The facility shall have direct access to a thoroughfare
plan road, or direct access to a non -thoroughfare plan
road that has a traffic volume of less than forty (40)
trip ends per day.
4. No -debris storage or burn area shall be within 300
feet of any property line.
5. Prior to site plan release the applicant must provide the
county a copy of the appropriate Florida Department of
Environmental Regulation (FDER) permit or other written
approval or letter of no objection from FDER for the
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ORDINANCE 92-39
proposed project.
6. The facility must be approved by the Indian River County
Solid Waste Disposal District (SWDD) Board.
7. A Type "A" buffer must be provided on all boundaries
abutting residentially used or residentially designated
property.
8. The volume of stockpiled land clearing debris on site
shall not exceed the 30 day burn volume capacity of the
incinerator. The site plan application shall show how
the volume of all stockpile areas on the site shall be
limited to the 30 day burn volume capacity of the
incinerator.
9. If any of the debris hauling route(s) associated with
facilitv operation is over county maintained, unpaved
is
secur
934.09 of the county excavation and mining orainance
associated with mining operations.
same
SECTION 35: Section 972.06 of the Temporary Uses chapter of the
Land Development Regulations is hereby amended to read as follows:
"General standards for permitting temporary uses. No temporary use
shall be permitted unless the community development director or his
designee determines that the following requirements are met.
1. Nuisance, hazardous features. Adjacent uses shall be suitably
protected from any nuisance or hazardous features involved in
the use through setbacks, existing buffers, limitations in
hours of operation, limitations in lighting and/or activities
or facilities/equipment generating noise, or other measures.
2. Traffic and parking. The use will not create hazardous
vehicular or pedestrian traffic conditions-, or result in
traffic in excess of the capacity of streets serving the useL
• Any proposed parking and driveway layouts shall
•- - be adequate for the use during the time 'and
period of operation. Special provisions for the direction of
traffic ingressing and egressing the site, and traversing the
site, may be required.
3. Public facilities and services, including temporary food
service events. Adequate utility, drainage, refuse
management, emergency services, access, and similar necessary
facilities and services will be available or provided for the
use, and all necessary sanitary facilities shall be approved
by the county health department.
Natural environment. The proposed temporary use shall not
have a substantially adverse impact on the natural
environment. No protected trees shall_ be removed to
accommodate temporary uses. No native vegetation shall be
cleared on the site for temporary uses unless the applicant
demonstrates compliance with the requirements and provisions
of chapter 927 and obtains a land clearing permit.
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ORDINANCE 92-39
5. Site suitability.The site ® shall be suitable for the
proposed use, • and shall not be adversely affected
by negative conditions such as flood hazard,poor drainage,
• and other conditions which may constitute a danger to
life, health, or property.
6. Duration. The tine the use ® will be permitted is as short
as practicable.
7. Protection of the public health. The proposed temporary use
shall not have an adverse affect on the public health.
Operators of temporary events involving service of food(s) and
drink(s) shall observe basic food protection measures.
Inspections of temporary food service and food outlet
facilities related to temporary events shall De conauctea Dy
the local public health authority. The local public health
authority is authorized to apply and collect any fees it
SECTION 36: Section 972.08(4) of the Temporary Uses chapter of the
land development regulations is hereby amended to read as follows:
1'(4) The purpose and intent of allowing certain types of transient
merchant operations is to allow roadside sale of products
historically indigenous to Indian River County (eq. fruits and
vegetables, seafood) or products historically available to
celebrate holidays (Christmas trees for Christmas, fireworks
for Independence Day or New Year's Day). Transient merchant
operations may be allowed if the following requirements and
standards are met.
(a) All transient merchant temporary use permits shall
clearly define an expiration date. No permit shall be
transferable, ana no permit snail De gooa Ior a perioa of
more than six (6) months. Renewal of a permit shall
require reapplication.
(1) Transient merchant classifications. All approvable
MEM transient merchant—Uses ••
transient
be limited to one of the
following categories:
Class A: Fruit and vegetable sales
Fruit and vegetable sales are allowed if items for
sale consist of only fresh fruits or fresh
vegetables in either their natural state or
authoritv.
fireworks sales and other similar uses; use in
operation no more than forty-five (45) days during
any calendar year on any given site.
Class C: Satellite seafood sales operations that:
Coding: Words in
- are associated with, owned, and operated by
a legally established_ permanent retail seafood
sales operation located in Indian River
County; and
- are operated from a vehicle that is state
approved and licensed for seafood sales,
whereby said vehicle is self-contained in
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ORDINANCE 92-39
regards to power, refrigeration, running
water, and wastewater holding; and said
vehicle has enclosed or screen -enclosed
seafood display area; and
- are located on property zoned commercial or
industrial; and
— are —operancd—nonlyduyynz-ya-dUg �l�zmri
oursr an
are removed from the site during night-time
hours; and
- are approved and inspected by the county
public health authority.
(2) Class A and Class C permits may be renewed every
six (6) months upon written request by the
appp Ticant.
(b) The following types of sales operations, for purposes of
zoning regulations, shall not be considered transient
merchants:
Curbside mobile ice cream sales involving frequent;
intermittent stops;
(2) Merchandise deliveries;
(3) Mobile prepared food services catering to employees
at employment sites or patrons at permitted or
otherwise legal special events.
(c) No permanent structures may be utilized; only temporary
pavilions may be utilized for transient merchant
operations. All facilities used s a e se - ntained
and mobile or portable. No mobile homes or trailers that
exceed two hundred 200) square feet in area may be
utilized by Class "A" merchants [see section 972.08(4)(A)
for details on Class "A", HE Class "B", and Class "C"
merchants). Trailers may be used by Class "B" merchants.
Class "C" merchants may only be operated from vehicles
approved and licensed by the state for seafood sales.
Class "All and -Class "Rmerchants are further specified
in section 972.08(3)(A)l.
(d)
No utilities connections (such as electrical, telephone,
plumbing or septic tanks) shall be permitted with the
following exception: Class "B" transient merchants as
defined herein may obtain temporary electrical power for
sales operations.
Anyand&111gris to be utilized on-asitemust conform to
county sign regulations and shall be deemed to be
temporary and not a structure, and must be removed upon
expiration of the temporary use permit or upon vacation
of the site. A sign permit, if required, must be
obtained prior to issuance of a transient merchant
temporary use permit.
Driveways shall access the lowest classification road
available to the site; however, existing driveway cuts
may be used regardless of the classification of the
roadway accessed.
(g) All driveways utilized shall be either existing improved
and permitted driveways or new driveways meeting the
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ORDINANCE 92-39
criteria specified herein. New driveways (road cuts) may
be permitted by the county traffic engineer:
If traffic maneuverability and safety can be
adequately handled by the new driveway location and
design; and
2. If a state department of transportation driveway
permit -or -county right-of-way permit, whiehever is
applicable, is issued for the driveway.
(h) During all sales hours, a Q minimum of four (4) temporary
standard -sized parking spaces for Class "A" and Class "C"
merchants, and a minimum of five (5) standard -sized
parking spaces for Class "S" merchants, shall be provided
on-site with all parking spaces and driveways clearly
demarcated on-site with wheelstops.
..- .
(i) No class "A" transient merchant operation, as defined
herein, shall be located within three thousand (3,000)
lineal feet of another permitted "Class All transient
merchant operation. No Class "C" transient merchant
operation, as defined herein., shall be located within
three thousand (3,000) lineal feet of another permitted
"Class '�1transient merchant operation.
(j) Any application shall include a sketch showing:
(1) Site dimensions;
(2) All required setback lines;
(3) Location and dimensions of all temporary pavilions,
driveways, entrances and exits, parking spaces an
wheel stops;
(4) Adjacent roads and road rights-of-way and
easements;
i - -
easements;
(5) Location and dimensions of all signs to be used.
JL For Class "C" merchants, copies of all required
state and county licenses for the seafood sales
operation.
(k) Within thirty (3D-) days of temporary use permit
expiration, all items related to the transient merchant
operation shall be removed from the site and adjacent
county right-of-way shall be restored, as may be required
by the county engineering division. Prior to the
issuance of any temporary use permit, a cash bond in the
amount of two hundred dollars ($200.00) shall be
submitted to the county to guarantee site clean-up. This
cash bond amount may be increased to an amount of five
undrre�C de tl arsC3-91MMI I if temnarary alterations -t0
county right-of-way (eq. temporary driveway culverts and
backfill) are required. If, after thirty (30) days of
permit expiration or abandonment of the site, the site or
adjacent county rights-of-way have not been properly
cleaned and restored by the applicant, t he county may
use the entire amount of submitted funds to pay for
disposing of all transient merchant -related items
remaining_ on site or restorin adjacent county rights-of-
way.
i hts-of-
wa . - Upon
vacating and cleaning -up a site, an applicant may request
in writing to the planning division for return of the
submitted funds. Permit applicants will receive the
submitted cash bond amount if:
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ORDINANCE 92-39
(1) The county has not used the funds under the
conditions described above; and
(2) The site is inspected by the county, and it is
verified that the site has been cleaned -up and all
transient -merchant -related items have been removed.
in cases where the county has used the • - •M
11 �� cash bond for site clean-up or
--restoration of---ad-jae-en county ri-ght—o€—way, no
�.".tel —�=y Yi�
subsequent transient merchant temporary use permit
shall be issued to the same applicant whose vacated
operation caused the cash bond default and
resulting clean-up by the county.
1) No transient merchants shall operate within any public
rights-of-way. No operations within easements shall be
permitted unless specifically allowed by all parties
having an interest in such -easement.
(m) Fees for required reviews and inspections performed by
the county public health authority in administering
provision of this chapter shall be established as
improved by the Board of County Commissioners."
SECTION 37:
REPEAL OF CONFLICTING PROVISIONS
All previous ordinances, resolutions, or motions of the Board
of County Commissioners of Indian River County, Florida which
conflict with the provisions of this ordinance are hereby repealed
to the extent of such conflict. All Special Acts of the
legislature applying only to the unincorporated portion of Indian
Iver county and which on
ordinance are hereby repealed to the extent of such conflict.
SECTION 38:
CODIFICATION
The provisions of_thisrdinance 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 39:
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 40:
EFFECTIVE DATE
The provisions of this ordinance shall become effective upon
receipt from the Florida Secretary of State of official
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Wordsunderlinedare additions. 36
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ORDINANCE 92-39
acknowledgementthat thisor nance has been filed with the
Department of State of the State of Florida.
Approved and adopted by the Board -of -County Commissioners of
Indian River County, Florida on this 29 day of September ,
1992.
This -ordinance was advertised -in the Vero Beach Press -Journal on
the 1O day of September. , 1992, and on the 22 day of
September _1992, for public hearings to be held on the 17
day of September , 1992, and on the 29 day of
September , 1992 at which time at the final hearing it was
moved for adoption by Commissioner Sires , second
by Commissioner Tippin , and adopted by the
following vote;
Chairman Carolyn K. A
Vice ChairmarrMargaret-C.-Bawma Aye
Commissioner-Ri-char , Bird Aye
Y
Commissioner Don -C—Scurlock, Jr. Absent
Commissioner John W. Tinnin w Aye r "
BOARD OF 'COUNTY,,COMMISSIONERS
OF INDIAN, RIVER COUNTYX�4
By Ut
Carolyn E ger; hAi=man gyti
4.
1
ATTEST
Acknowledgement by the Department of-S-tate--af- heState of Florida
this 7th day of October 1992, 4`
Effective Date: Acknowledgement from the 'Department' of State '1
received on this 12th day of. October 1991, at
11:00 A.M./,N. and filed in the office of the Clerk of the
Board of County Commissioners of Indian River County Florida.
APPROVED AS TO FOR AND LEGAL SUFFICIENCY.
r
William G. Collins, II, Deputy County Attorney
A�PRE3VEB AS -T LANNING MATTERS
u
obert M. Keati g, AI
Community Devel pme irector
u\c\s\5thrnd.ldr
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Words underlined are additions. 37
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