HomeMy WebLinkAbout1992-11ORDINANCE 92- 11
AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA AMENDING
VARIOUS SECTIONS OF CHAPTER 902, ADMINISTRATIVE
MECHANISMS; CHAPTER 904,-NONCONFORMITIES; CHAPTER 911,
ZONING; CHAPTER 912, SINGLE FAMILY DEVELOPMENT; CHAPTER
913, SUBDIVISIONS AND PLATS; CHAPTER 914, SITE PLAN
REVIEW AND APPROVAL PROCEDURES; CHAPTER 927, TREE
PROTECTION AND LAND CLEARING; CHAPTER 932, COASTAL
MANAGEMENT; CHAPTER 954, OFF-STREET PARKING; CHAPTER 971,
REGULATIONS FOR SPECIFIC LAND USE CRITERIA; CHAPTER 973,
PUBLIC NUISANCE; 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:
Amend Section 954.10(3) to read as follows:
(3) Proposed construction standards which deviate from section
954.10(1) or (2) may be approved by the County Engineer, ifin
his or her opinion the construction standards are suitable for
the proposed use ursuant to the following
criteria
1. The project site shall be located outside of the urban service
area as shown on the adopted land use map.
acc,TL1_A
2. All requirements and standards of 954.05 954.06, 954.07,
954,08 and 954.09 shall, :apply to all parking spaces,,
driveways, and traffic circulation areas.
3. All applicable chapter 930 stormwater management requirements
shall be satisfied.
4. All state handicap parking and access requirements shall be
satisfied.
5. The construction standards of section 954.10(5), (6), and (7)
shall apply.
6. The proposed use(s) an the s
gross total of more than 200
cant shall ovide
sufficient by the county t
the anticipated number of av
count tra
toss average annual •a
engineering standards.
hall not generate/attract a
verage annual daily trips. The
ormation and anal sis deemed
estimate
tries. The
al number of
ursuant to accepted traffic
No more than 5% of the vehicles us
8. Unpaved parking stall areas shall have a
(minimum thickness: 6") with a Florida f
least 75. Sod or other stabilized materia
to• of the s +rade. Un.aved drivewe areas s
stabilized subgrade (minimum thickness: 6")
zed subgrade
n
value of at
ub
laced on
have a
th
Florida
bearing value of at least 75.
To demonstrate that existing: unpaved areas meet these
standards, core sam•les taken in accordance with FDOT-approved
ethods 'shall b
ed and the testin. methods and results
Coding: Words in hloc}:ed-out' type are deletions
Words underlined are additions.
1
from existing law.
shall b
One (
ORDINANCE 92 -
rted to the count en ineer.
are sam+les
A minimum of three
ven
amp e s all •e taken ;or every 5,000 sg.
unpaved parking /driveway area, whichever resultn in the
greater number of required samples. All core sample testing
locations shall be aeproved by the county engineer prior to
testing:
9. The waiver request shall be accompanied by a parking area and
driveway maintenance plan, certified by an engineer. The
maintenance plan shall address the following:
a.
b.
c. dust control.
schedule
0 stormwater
aintenance (eq. #rrigationand mowing schedule) of an
o be sodded or grassed, and
areas proposed
10. The waiver request shall be accompanied by a parking area and
driveway traffic safety and circulation siqflaqe plan that is
+table
acce
o the count traffic en
traff c engineering practices.
ineer
ursuant to acc
ed
11. All parking stalls- shall be equipped with a wheel stop or
equivalent '(eq. non -mountable curbing).
12. All entrance and/or exit driveways connecting to a paved
roadway shall be paved with a material in accordance with
r `2 from the roadwa ed•o of tavemont
fifty (50;) feet into the project site as
ion perpendicular to the roadway edge.
section 954.10
to a point at le.
ured
a dir
SECTION 2:
Amend section 904.04 to read as follows:
Section 904.04. Continuation of nonconformities.
ill Nonconformities may be continued so long as they remain
otherwise lawful, subject to the remaining provisions of
this chapter.
i1 Existing nonconforming structures shall be deemed to be
legal nonconformities if said structure(s):
ro,erl .ermitted for construction or was
acted prior to p requirements; and
constructed, prior to formboard_ nu
did not rewire submissio
or to construction• and
anc
SECTION 3:
jJ was issued a ce
final (last)
occupancy was
prior to an a..licable final last inspection or
certificate of occupancy;reguirement.
not
required,
certificate of
or was constructed
Amend section 911.10(9)(a) to read as follows:
2. District size. The PRO district shall have a minimum district
size of five (5) acres and a maximum district size of twenty-
five (25) acres. The PRO district may be reduced to two and
Coding: Words in blocked -out type are deletions from existing law.
Words underlined are additions.
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ORDINANCE 92 -
one -half (2i) acres if the parcel(s) under consideration to be
zoned PRO satisfies all of the following criteria:
b.
c.
SECTION 4:
Ahult nl The parcel(s) abuts a commercial node or
corridor; and
The parcel(s) is located within a substantially
developed area; and
The parcel(s) is located in an area dominated by
idential uses.
nonr
Amend section 912.07(6)(b) to read as follows:
(b)1.No vegetation or trees may be cleared or removed within
established conservation easements, without a special
permit issued by the planning division.
2 -.For the proposed development of a single family residence
on a parcel five 15) agree or larger, a native upland
tion conservation e
ent deeded to the count
wired,: Any application
to construct
ma
nql
family residence on a parcel five
shall be reviewed by environmental planning staff to
determine the aerial extent of native upland vggotation
communities; on site,, if any. If an area of native
ve.etati is determined to i
nservat qn eaaemant, or off si
ee-i:n lieu of easement shall b
buildi
acres ar larger
st then either a
p
enervation, or a
vided b the
+ermit issuance
and develo•ment
SECTION 5:
Amend section 913.06(5) to read as follows:
(5) Affidavit of exemption. An affidavit of exemption from
certain ® requirements of section 913.08 may be applied
for in conjunction with proposals to create parcels
containing more than two hundred thousand (200,000) sq.
ft.
(A) All affidavit of exemption application/requests
meeting the following affidavit of exem tion requirements
shall be exempt from the following portions of section
913.08 (Required Improvements):'
- 913.08(1)(A) Streets
- 913.08(1) (C) Utilities ,S„ stems
- 913.08(1)(D) Erosion control provisions
- 913.08(1)(E) Stormwater and floodwater management
system according to Chapter 930
- 913.08(1)(F) Street signs and traffic control markings
and signs
- 9.13.00(1)(G) Permanent control points
913.00(2)(A) Bikeways
- 913.08(2)(f) Sidewa kks
913.00(2)(C) Alloys
- 913.08(2)(D) Buffering facilities and areas
913.00(2)(E) Fire Hydrants
913.OB(2)(K1 Parks and recreation
and
Coding: Words in hior k)d-out. type are deletions from existing law.
Words underlined are additions.
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ORDINANCE 92 -
facilities (see section 913.09(20)
- 913.08 2 H Curbing
913.08(2 (I) Street lights
- 913.08(2)(K) 8riid es and culverts.
• 813.08(2)(D) Filling and drainage
- 913,00(2)(M) Traffic control devic
- 913.08(2)(N) Header curbs
- 913.08(2)(R) Trane.ortation s
site and on-site)
hen
neces
v
necessa�
e
em i
s
The following required improvements/design standards
shall apply to affidavit, of exem+'tion
application/requests
- 913.08(1)1Bj Easements
- 913.08(1)(H) Rights-of-way
- 913.08(1)(1) Trees and Vegetation Protection
913.08(2)(0) Beach access structures and areas
913.08(2)(0) Native vegetation Preserve areas
913.08(2)(P) Environmentally sensitive land proserve
areas
- 913.08(2)(Q) Emergency access
- 913.08(2)(S) Marginal and limited access easements
- 913.08(2)(T) Other provisions as may be required b,y
land develo.ment re•ulations.
Right-of-way Width and dedication standards and
requirements, shall apply to affidavit of exemption
a..lication/re«uests.
No platting is required unless it is necessar
to provide road right-of-way frontage
for the proposed parcel(s).
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
ms a subdivision. All provisions of this chapter
shall apply.
2. No affidavit of exemption request may be approved
in agriculturally designated areas [reference
section 911.06(4)).
3. 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.
4. If the developer elects to divide the land by
filing a plats or if road right-of-way is to be
created, all requirements of this chapter j913)
shall be complied with except for those
requirements or provisions s.ecificall exem.ted in
section '913.06(5)(A).;7tea l,t �B (7 k i f,ercit€i r.,�
913
Coding: Words in blocked outtypeare deletions from existing law.
Words underlined are additions.
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ORDINANCE 92-
5. 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).
6. Where a common area(s) or private road right-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-way 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 language in
bold type:
"The common areas and rights-of-way are not
dedicated to the public and will not be
maintained, repaired or improved by the
county."
7. The owner files a declaration of restrictions
prohibiting the voluntary division of land
encompassed within the project into lots that are
lege 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
standards required of subdivisions under this
chapter.
8. 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 official record book, or plat book, and
page number of official records of Indian
River County where the items required in
paragraphs 4, 5, ® 6, and 7 may be found;
and
c. The approval of the public works and community
development directors and the county
attorney's office.
(B) Application process for affidavit. All applications for
affidavits of exemption shall comply with -theapplicable
rocedural and informational requirements
of section 913.07(3), "formal pre -application
conference" and shall be reviewed and approved by the
technical review committee (TRC).
SECTION 6:
Amend Chapter 913.07(7) to read as follows:
Coding: Words in i, 1 ,. C I ui type are deletions from existing law.
Words underlined are additions.
ORDINANCE 92 -
Plat Vacation Requests.Plat vacation re•uests shall be made
through the planning; division b p,1 1 Iii .n t on applications
furnished by that division H1,1111, lit A filing fee
established by the board of county commissioners by resolution
shall accompany any request. The request will be reviewed by
the technical review committee (TRC) as scheduled by the
planning division ic1 rt tn,i'tt Prior to the TRC meeting, the
Tannin• division shall motif b re tiler mail' ad acent
property owners regarding the plat vacation request. The
request will be scheduled for consideration by the board of
county commissioners in accordance with Florida Statutes
Chapter 177.101, which governs plat vacations.
SECTION 7:
Amend Chapter 913.07(8) to read as follows:
Right-of-way abandonment requests. Right-of-way abandonment
requests are made, through the plannin• division on
applications furnished by that division .h2pd,-t.nnmt.. A filing
fee established by the board of county commissioners shall
accompany any request. The request shall be reviewed by the
technical review committee (TRC) as scheduled by the planning
division. Prior to the TRC meetin the lannin division
shall notify_j/y__re•elar mail ad'acent :ro•erty owners
ardin+ the ri+ht-of-wa abandonment re uest. Once the
applicant has adequately addressed all TRC comments, the
abandonment request will be scheduled for consideration by the
board of county commissioners in accordance with the Florida
Statutes Chapter 336, which governs right-of-way abandonments.
SECTION 8:
Amend Section 954.07(2)(c)
The number of handica *arkin. s•aces shall be provided as
required by
SECTION 9:
State law.
Amend section 973.01 to read as follows:
This chapter shall be known and may be cited as the "Indian River
County Public Nuisance Ordinance."
For the purpose of promoting the health, safety and general welfare
of the community, the board of county commissioners of Indian River
County finds it -necessary that lands In the unincorporated areas of
Indian River County be cleared of any noxious substance or material
which might tend to be a fire hazard or other health hazard, or
which is considered to be obnoxious and a nuisance to the general
public. Such substances or material shall include, but not be
limited to, the following: garbage, trash, weeds, junk, debris,
unserviceable vehicles, dead trees posing a health or safety
hazard, or any other offensive materials which constitute a
nuisance as provided for in this chapter.
SECTION 10:
Amend section 973.03 to read as follows:
Coding: Words inblochcd otit type are deletions from existing law.
Words underlined are additions.
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ORDINANCE 92 -
Accumulations of debris, garbage, junk, trash, weeds, unserviceable
vehicles, dead trees posing a health or safety hazard, or other
noxious materials, are hereby declared a public nuisance and shall
be removed from all lots, parcels and tracts of landi. public or
private, unless otherwise permitted by the terms of this article.
(1) Weed clearance. The following provisions shall apply to weeds
as defined in Chapter 901:
(a) The accumulation of weeds in excess of eighteen (18)
inches in height is hereby prohibited on any lot, parcel
or tract of land which lies contiguous to a commercial or
residential structure and within a platted, recorded
subdivision where the platted lots are at a minimum of
fifty (50) percent developed. Agriculturally zoned land
and land within conservation and/or preservation
easements or conservation/preservation areas designated
on approved development plans shall be exempt from this
section.
(b) Maintenance of weeds to satisfy the eighteen inch maximum
height limitation which entails the grubbing (uprooting)
of vegetation shall be subject to the provisions of
Chapter 927, Tree Protection and Land Clearing, of the
Indian River County Land Development Code.
(c) The existence of untended weeds, as defined in Chapter
901, in excess of eighteen (18) inches in height on any
lot, parcel or tract of land as described in subsection
973.03(1)(a) shall be prima facie evidence of intent to
violate and of a violation of this section by the owner,
owners and occupant of said land.
(d) Upon receipt of a notice of violation of section
973.03(1)(a), the owner, lessee and/or tenant of the
involved property shall abate such violation within the
time specified in section 973.04 of this chapter, and
after such time shall be jointly and severally liable for
any continuation of such violation.
SECTION 11:
Section 911.15(2)(r) is hereby created, to read as follows:
(r) Compost piles. Compost piles are allowed to be located
within rearyard setback areas but may not bo located
within easements unless written consent jq ranted b the
holder of thedominant estate.
SECTION 12:
Section 912.07(1)(b)6.q. is hereby created, to read as follows:
iql Compost piles. Compost piles are allowed to be located
within rearyard setback areas but may not he located
within easements unless written consent is granted by the
holder of the dominant estate.
SECTION 13:
Section 932.07(4)(c) is hereby created, to read as follows:
Coding: Words in hiuked-ouL type are deletions from existing law.
Words underlined are additions.
ORDINANCE 92-
121 Environmental constraints. In cases where environmental
conditions on a eubfect grope
are such that the location of
a dock or other waterfront structure ithin a riparian aide
and setback would afford the best •rotection of on -sine
natural resource ff1 an applicant may applfo' begranted
an administrative a••roval •urauant to the •rovis,ione of
Chapter 914. Natural resources that warrant.
yard setback encroachment - consideration for
purposes include mangroves and submerged aquatic vi
pa
ion side
ection
ation
SECTION 14:
Amend section 911.10(7) to read as follows:
(7) Size and Dimension Criteria
PRO OCR MED CN CL CG CH
Min. Lot Size eq. 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 % 35 40 40 40 40 40 40
Min Open Space •
35 35 30 30 25 25 11122
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 --
eq. ft. of living area
per unit.
Hotel & Motel Minimum1200 1200 - 1200 1200 -
aq. 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 FRC Railroad: Side Yards (CL,CO,CH) 0 if
abutting a non-residential use with interconnected parking and
approved access easement. Height - Sea section 911.15 for
exceptions.
SECTION 15:
Section 902.05(15) is hereby created, to read as follows:
(15) The commission shall have and exercise the p
airport zoning. commission as specified in section
%f loride Statutes, under rules consistent with said section
with the Code of Indian River Count
SECTION 16:
Section 902.08(2) is hereby created, to read as follows:
The board shall have and exercise the powers specified in section
333.10, Florida Statutes, relatinq_to airport zoning regulations,
under rules consistent with said section and with the Code of
Indian River County.
SECTION 17:
Section 954.08(6) is hereby created, to read as follows:
Coding: Words in i, i „ i;, i ,,, t type are deletions from existing law.
Words underlined are additions.
(6)
ORDINANCE 92 -
Unsaved vehicle stora.e iota. Unsaved vehicle stora.e
lots tray be approved and established via the provisions
of Chapter 914 sublect'to the following conditions:
a.
The vehicle storage lot use is allowed in the
zoning district in which the storage- lot is
proposed.
b. The storage lot surface shall be stabilized, in a
manner suitable for the proposed use,
by the county engineer.
c. The storage lot shall be screened from any
road ri.ht-of-wa b a t .e "D" buffer w
(3) foot (or;greaior) opaque feature.
d.
approved
adjacent
th three
The storage lot shall be buffered from an
residentially designated property as required in
Chapter 911.
e. Stormwater management facilities shall provide the
greater of:
1. detention or retention of the increase in
runoff from the mean annual 24 hour storm or
2. 1" of runoff,
The sits plan shall note that all
ovided'se.aratel
that th
uired parking
tora.e lot
SECTIDN 18:
Section 913.07(6)(E)2 is hereby amended as follows:
2. When the subdivision to be platted is not serviced b ublic
•otable winter and/or
eta'
final
, co
p
e
d as nate, 1 be listed
appropr
she
on the plat: "'in the future, when a potable water
distributic:n and/or a wastewater collection system becomes
available to service the subdivision, service improvement s
and connection s to all lots shall be made b the
rt owner
ti .ro.
Section 913.07(6)(F)1.b is hereby amended as follows:
b. Utility easements. The utility easements shown are dedicated
in perpetuity to Indian River County for the construction,
installation, maintenance and operation of utilities by any
utility provider, including cable television services, in
compliance with such ordinances and regulations as may bo
adopted from time to time by the board of county commissioners
Coding: Words in blockol-out -type are deletions from existing law.
Words underlined are additions.
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c1
ORDINANCE 92-
of Indian River County, Florida.
(When the subdivision plat provides street -side utility
easements, the following "additional statement shall be added
to the previously listed utilityeasements dedication
language:
"Front yard utility easements are subject to
the right 0f each lot to have a driveway for
ingress/egress as approved by the county."
Section 20:
Section 913.07(6)(F)c is hereby amended as follows:
c. Drainage and stormwater management easements.
1. The draina e easements
as shown are dedicated in
perpetuity for construction and maintenance of
drainage facilities and shall be the perpetual
maintenance obligation of the (give exact name of
maintenance entity).
and ,LormuaLor mini“wm� nt
(When the subdivision
drainage
statemen
provides stree
menta, the following addi
viousl
draina.e easements dedication lan
de
onal.
sted
"Front yard drainage easements are subject to
the right of each lot to have a driveway for
ingress/egress as approved by the county."
2.. The stormwater management tracts as shown are
dedicated in perpetuity for construction and
maintenance of such facilities and shall be the
perpetual maintenance obligation of the (give_exact
name of maintenance entity)
(When the stormwater tracts are to be dedicated to
a private entity, and not Indian River County the
foliowin• additional statement shall be added to
the •reviousl listed stormwater mana•ement tracts
dedication language:)
"Indian River County in granted the right tq
nthe tracts and also •ranted
mergency mai:ttonance on the
SECTION 21:
Section 913.07(6)(D)24. is hereby amended to read as follows:
"24. The following statements shall be noted on the plat in a
prominent place:
"Notice: No construction, trees or shrubs will be placed
in easements without county approval," BIM
"Notice: There may be additional restrictions that are
not recorded on this plat that may be found in the public
records of this county"; and
Coding: Words in htoc4:d oUL type are deletions from existing law.
Words underlined are additions.
10
ORDINANCE 92
"Notices Routine maintenance (e.g.mowing, etc.) of
asements shall be the res•onsibilit of the lot/+ropert
owner(s) and not Indian River Count
SECTION 22:
Section 927.17(3) is hereby created, to read as follows:
(3) With respect to any violation of this chapte:r,,theowner of the
property on which the violation occurred is presumed to have
undertaken, caused to be taken, or authorized the illegal
activit . The owner ma +resent evidonce: .covin• that the
presumption is incorrect in his or her case.
SECTION 23:
Amend Section 914.15(6)(d)
Construction prior to
to read as follows:
inspection. Sidewalks shall
installed +rior to the issuance of a certificate of occupancy.
In lieu
installation, funds adequate to pay for the future installation of
the required sidewalk may be escrowed with the county under either
o.
of the following circumstances,
(1) When the cbun'
design and/
ditches or th
minor earth f.
construction.
n>ineer determines that there are existin
installation constraints such a
c
S o
in
,
ab lit
and;c:.
to maintain swaies.
he r
or
nu
be require
h sidewalk
(2) When the county en !neer determines that the installation of
the required sidewalk segment should be delayed_ so as to be
incor.orated into the deli +n and/or construction of a pending
infrastructure improvement included in the county's five year
ca.ital im.rovements .ro.ram or an other five ear
construction program.
The amount of
county engines
n
to be escrowed shall be approved by the
shall, cover all costs associated with the
design, permitting, and installation of the required sidewalk.
The amount of time for which the escrow period is in effect
shall_ be determined by the county engineer and shall be an
amount of time sufficient to construct the sidewalk segment(s)
in II ht of the reason for dela of construction under
a•ra+hs 1 and car 2 abovn
SECTION' 24:
A portion of the use table found in section 911.10(4) is amended to
read as follows (all other portions of the use table are to remain
as currently adopted):
Coding: Words in blocked -out type are deletions from existing law.
Words underlined are additions.
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ORDINANCE 92 -
TRANSPORTATION AND COMMUNICATION
Railroad/Bus'Trans.
Services
District
PRO OCR MED CN CL CO CHI
Local & Suburban - - P P
Transit
Trucking & Courier - - - - - - P
Services
Commercial Warehousing - - - P
& Storage
Moving & Storage - w - - - P
Trucking terminale - - - P
Self Storage Facilities S S P
Outdoor Storage - - - - - - A
SECTION 25:
Section 971.12(4) is hereby created, to read as follows:
"(4) Self storage facilities [domestic personal effects and
household goods] (Special Exception).
(a) District requiring SPECIAL EXCEPTION approval,
(pursuant to the provinions of 971.05): CL
(b) Additional information requirements:
1. A written statement from the appi,icant stating
the followings
(i) that no commercial activity, vehicular
service or ce•a':
dou
that this reqnt will
every tenant"s lease a.reament and
that only domestic and household goods of
personal and non-commercial goods will be
kept or stored on the premises.
storage of
be allowed and
be included In.
Both of these provisions wi
appropriate and visible sig'r
facility site.
th .in
gi
sd on the
2. A site plan meetinq all of 'the requirementa,of
Chapter 914.
2.. Storage units shall not exceed one hundred
fifty (150) square feet in size.
3. Outdoorstorageis prohibited.
4. All outdoor lights shall be shielded to direct
Coding: Words in
Words underlined
light and glare only onto the self -storage
;k ,rt taut type are deletions from existing law.
add tions.
12
ORDINANCE 92-
facility premises. Light and glare shall be
deflected, shaded and focused away from all
adjoining property and road rights-of-way.
5. Self-service storage facility sites shall not
exceed three (3) acres in gross area.
6. Notwithstandin• the a..licable bufferin•
requirements contained in Section 911.10, a
type 8 landscape buffer with 6' opaque feature
shall be provided between ail structures and
ad scent .ro•erties zoned for sin •le Tamil:
residential use.
7. Buildings containing storage units shall not
exceed 10,000 square feet In floor area each
and shall not exceed 100,000 square feet of
floor area for all buildings,
8. Access shall only be to arterial or collector
roadways and in no case through areae zoned
for residential use.
9. No utilities (other than air conditioning) may
be supplied to storage units.
10. Hours of operation shall be limited to between
6100 A.M. and 8:00 P.M. Prior to the issuance
of a certificate of occupancy, the applicant
shall provide appro
tho ho:
statin
facili
11. Buildings may not exceed fifteen (15) feet in
height.
SECTION 26;
Section 971.13(2)(c) is hereby amended to read as follows:
"(c) Criteria for veterinary clinic or animal hospital:
1. All facilities shall be located in an enclosed
structure;
2. Commercial boarding of animals may be allowed only
as an accessory use;
All buildin.a shall b
soundproofed
such a manner that adequate y mitigates and/or
attenuates noise impacts on adjacent properties."
SECTION 27:
Section 913.07(4)(N) is hereby amended to read as follows:
"(N) Modifications. Minor modifications to approved
preliminary plats may occur between preliminary and final
plat approvals. Modifications to roadway layout,
phasing, lot configuration will require an administrative
approval as provided for in Chaster 914, Site Plans.
Modifications that rt 3chong<increase ® the
number of lots or ® change in the area to be platted will
require reapproval of the preliminary plat an must comply
Coding: Words in Mork d out type are deletions from existing law.
Words underlined are additions.
13
ORDINANCE 92- 11
with the requirements and procedures of section
913.07(4).
SECTION 28:
REPEAL OF CONFLICTING PROVISIONS'
All previous ordinances, resolutions, or motions of the Hoard
of County Commissioners of Indian River County, Florida which
conflict with the provisions of this ordinance are hereby repealed
to the extent of such conflict. All Special Acts of the
legislature applying only to the unincorporated portion of Indian
River County and which conflict with the provisions of this
ordinance are hereby repealed to the extent of such conflict.
SECTION 29:
CODIFICATION
The provisionsofthis ordinance shall be incorporated into
the County Code and the word "Ordinance" may be changed to
"section", "article", or other appropriate word, and the sections
of this ordinance may be renumbered or relettered to accomplish
such intentions.
SECTION 30:
SEVERABILITY
If any section, part
of this ordinance is for
inoperative or void, such
portions hereof and it
legislative intent to
unconstitutional, invalid
SECTION 31:
EFFECTIVE DATE
of a sentence, paragraph, phrase or word
any reason held to be unconstitutional,
holdings shall not affect the remaining
shall be construed to have been the
pass this ordinance without such
or inoperative part.
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.
Approved and adopted by the Soard of County Commissioners of
Indian River County, Florida on this 2e day of Apr 11
1992.
This ordinance was advertised in the Vero Beach Press -Journal on
the 30 day of March , 1992, and on the 14 day of
April , 1992, for public hearings to be held on the n
day Apttlf April , 1992, and an the 72 day of
, 1992 at which time at the final hearing it was
moved for adoption by Commissioner Wheeler , seconded
by Commissioner Bowman , and adopted by the
following vote;
Coding: Words in i 1 ,,til type are deletions from existing law.
Words underlined are additions.
14
ORDINANCE -92- 1 1
Chairman Carolyn K. Eggert
Vice Chairman Margaret C. Bowman
Commissioner Gary C. Wheeler
Commissioner Richard N. Bird
Commissioner Don C. Scurlock, Jr.
Aye
Aye
Aye
Aye
Aye
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY
,J)
By L;
Caro yn
ATTEST BY:
Je.
Acknowledgement by the Depart of State of the Sate of yloxida th
30th day of April , 1992.
Effective Date: Acknowledgement from the Department of State
received on this 4th day of May , 1992 at
ec30 A.M./P.M. and filed in the office of the Clerk of the
Board of aunty Commissioners of Indian River County Florida.
APPROVED AS TO FOR AND LEGAL SUFFICIENCY.
ism G. COl ins, 11, AS atant County Attorney
APPROVED AS TO PLANNING MATTERS
obex M.
Community Devel.pm
\u\c\s\ldrord.mem
Coding: Words in i,1u,.L i ,,HL type are deletions from existing law.
Words underlined are additions.
15