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Home My WebLink About1991-07ORDINANCE NO. 91-_7 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA AMENDING VARIOUS SECTIONS OF TITLE IX OF THE COUNTY CODE, LAND DEVELOPMENT_ REGULATIONS_(LDRs-), CHAPTER 90.1, DEFINITIONS! CHAPTER 902, ADMINISTRATIVE MECHANISMS; CHAPTER 911, ZONING; CHAPTER 912, SINGLE FAMILY DEVELOPMENT; CHAPTER 913, SUBDIVISION AND PLATS; CHAPTER 917 ACCESSORY USES AND STRUCTURES; CHAPTER 930 STORMWATER MANAGEMENT AND FLOODPLAIN PROTECTION; CHAPTER 971, REGULATIONS FOR SPECIFIC LAND USE CRITERIA; AND PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS, CODIFICATION, SEVERABILITY, AND EFFECTIVE DATE. Be it ordained by the Board of County Commissioners of Indian River County, Florida that: SECTION 1: The Section 901.03 definition of "Open Space" is hereby amended to read as follows: "Open Space - The gross area of the site less building coverage, parking surface, internal traffic circulation system and any exclusions herein specifically set forth. Open space is green area, natural or landscaped. Up to 308 of the open space requirement for a development may be satisfied by a body or bodies of water contained within the development area". The table of contents in the introductory section of Chapter 902, Administrative Mechanisms, the Section 902.07 heading title, is hereby amended to read as follows: "Section 902.07 Appeals from Decisions of E the Community Development Director or his Designee" –SECTION 3: Section 911.01(2) is hereby amended to read as follows: 11(2) Purpose and Intent In order to lessen congestion in the streets, to secure safety from fire, panic and other dangers; to promote health and general welfare; to -provide adequate- 1_ight and airy toprevent the . - • . overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provisions of transportation, potable water, sanitary sewer, schools, parks and other public improvements; to conserve the value of buildings and to encourage the most appropriate use of land within the area delineated on the official zoning map, exclusive of all incorporated areas, there is hereby adopted and established the official zoning plan pursuant to the authority conferred on the Board- of County Commissionersofi-ndian–Rioter—C Coding: Words in • •• . type are deletions from existing law. Words underlined are additions. SmeadSoft Reprint Date: Tuesday, August 20, 2013 - W1.$0 - OfficialDocument5:1505, Attachment Id 1, Page 1 ORDINANCE NO. 91-L SECTION 4: Section 911.03 table "Relationship of the Zoning Districts with the Land Use Map" is hereby amended as follows: (See following page) [NOTE: the remaining portion of section 911.03 is to remain intact.] Coding: Words in • -• type are deletions from existing law. Words underlined are additions. 2 SmeadSoft Reprint Date: Tuesday, August 20, 2013 - _1 0 - OfficialDocument5:605, Attachment Id 1, Page 2 — RELATIONSHIP OF THE'ZONING DISTRICTS WITH LAND USE MAP Zoning District Land Use Designation C-1 C-2 AG-1 AG-2 AG-3 R L-1 L-2 M-1 M-2 C/I A-1 - X - - X T T - - - A=2 - - X}i- A-3 - X X X - - - - - - RFD - - - - - X T T - - - RS-1 - - - - - X T T - - - RS-2 - - - - - - X X - - RS-3 - - - - - - X X T - - RS-6 - - - - - - X X T . - RT-6 - - - - - - - X X T - RM-3 - - - - - - X X T - - RM -4 - - - - = X -T - RM-6 - - - - - - - X X X - RM-8 - - - - - - - - X X - RM-10 - - - - - - - - X - RMH-6 - - - - - - - - X X - RMH-8 - - - - - - - - X X - PRO - - - - - X X X X X OCR - - - - - - - - - - X MED - - - - - - - - - - X CN - - X X X X X X X X - CL - - - - - - - - - - X CG- - - - - - - - - - X CH- - - - - - - - - - X IL -. - - - - - - - - - X IG - - - - - - - - - - X Con-1 X - - - - - - - - - - Con-2 - X - - - - - - - - CRVP See S-pedal District Recnirpmants R-BCID " Rose-4 - - - - - - - X X - - AIR-1 - - X X X X XI - - - - PD - X X X X X X X X X X X - District permitted T - District permitted when used as transition from less atense,Lde-ns,cdevelopment—or consistent with-existing development - - Districi, not, oorwitted Only within sE'ireto ment where airstrips existed prior to February 13, 1990, SmeadSoft Reprint Date: Tuesday, August 20, 2013 - 12:01:51 - Officiaftcument5:605, Attachment Id 1; Page 3 ORDINANCE NO. 91 - SECTION 5: Section 911.06(4) "Uses" table, first and second pages, is hereby amended to read as follows: (See following pages) [NOTE: the remaining portion of 911.06(4) is to remain intact.] Coding: Words in .. -. . type are deletions from existing law. Words underlined are additions. SmeadSoft Reprint Date: Tuesday, August 20, 2013 - 12:01:51 - Officiaftcuments:605, Attachment Id 1, Page 4 ttSEs DISTRICT A-1 A-2 A-3 RFD RS -1 AGRICULTURAL General Farming P P P - - Dairy Farming A A A - - Livestock & Poultry raising P P P - - Stables (Non-commercial) P P P A A Tree Farms P P P - - Kennel & Animal Boarding Places Commercial - - Non-commercial P A P A P A P - A Fruit and .vegetable packing houses Specialty farms A A A - - Tenant dwellings S S S - - Nursery & Greenhouses Non-commercial P P P A A Commercial P P P - - Agricultural Businesses, S S S - - excluding wholesaling & processing Agricultural Industries S S S - - Fish Farms A A A - - Agricultural Research Facilities A A A - - Aquaculture A A A A A RESIDENTIAL Single Family Dwelling P P P P P Mobile Homes (watchman's quarters) A A A - - Guest Cottage or servant's quarters A A Docks (on vacant SF lots) A A A A A Bed & Breakfast A A A - - INSTITUTIONAL Child or Adult Care Fac. A A A A S Foster—Care Fac. P Cemeteries S S S - - Planes of Worship P P P S S COMMUNITY SERVICE Emergency Services P P P P P Schools, Primary & S S S S r S Secondary Correctional institutions S S S - - Cul urs of & Civic -ac. S_ S S S S Governmental Administrative S S S S S RECREATION Country Clubs A A A S S Golf Courses A A A S S 5 SmeadSoft Reprint Date: Tuesday, August 20, 2013 - 12:01:51 - OfficialDocuments:605, Attachment Id 1, Page 5 SmeadSoft Reprint Date: Tuesday, August 20, 2013 A 6 DISTRICT A-1 A-2 A-3 RFD RS -1 Public Parks & A A A A A Playgrounds Major sports and recreation S S S - - areas and facilities Dude Ranch S S S - - Hunting and fishing lodges S S S - - 0 oad-vehicle-tracts (commercial and non-commercial S S S - - COMMERCIAL Fruit and Vegetable A A A - - stands Veterinary clinic or A A A - - animal hospital Driving Ranges S S S' - - TRANSPORTATION & UTILITIES Airports And ips Utility Limited Public & A A A S S Private Utilities Public & Private Utilities, S S S - S Heavy' 'Transmission Towers less than 70' in height P P P - - 70'-140'in height A A A - - over 140' in. height S S S - -. INDUSTRIAL Recycling Center A A A - - Mining A A A - - VERY HEAVY INDUSTRIAL --------------------------------------------------7------------ P - Permitted Use r A - Administrative Permit Use S - Special Exception Use (5) Accessory Uses and Structures as provided in Section 917. The requirements of section 917.06 (11), of the Accessory Uses and Structures Chapter, shall apply to towers less than 70'. 1.6 12:01:52 - OfficialDocuments:605, Attachment Id 1, Page 6 ORDINANCE NO. 91-7 Section 911.10(4) is hereby amended to read as follows: (See following pages) Coding: Words in . . -. a type are deletions from existing law. Words underlined are additions. SmeadSoft Reprint Date: Tuesday, August 20, 2013 - 12:01:52 - OfficialDocuments:605, Attachment Id 1, Page 7 4 Uses Uses in the commercial districts are classified as 'permitted uses, administrative permit uses, and special exception uses. Site Plan review shall be required for the construction, alteration and use of all structures and buildings except Commercial uses and activities shall be contained within an enclosed area unless otherwise specifically allowed herein or unless allowed as an accessory or temporary use approved by the Communes Development Director. District PRO OCR MED CN CL CG C[i' AGRICULTURE Agricultural Production Horticultural & Landscape - - - - P P P, plants & specialties Kennels & animal boarding - - - - - A A Agricultural Services Landscape Services - - - - - P P CommSrcial F'ishery - - - - - A fl COMMERCIAL Lodging Facilities Construction P p _ _ p _ Rooming & Boarding Houses - A - A A P - General Building Cont- - - - - - - P factors/Construction Laundries & laundromats yards A - p P P _ Garment Pressing & -Finance, Insurance, Real Estate, Legal Services Banks and credit instit- - P - P P PO - utions Security and Commodity P P - P P P - Brokers Insurance Agents, Brokers P P - P P P - & Service Automatic Teller Machines - P p P P P - Real Estate P P - P P P _ Holding & Other Investment P P - P P P - Offices Leaai Services P P _ P P P - Services Lodging Facilities Hotels & Motels - P p _ _ p _ Rooming & Boarding Houses - A - A A P - Bed and Breakfast P A S A A S - Membership based Hotels - - - - - p - Personal_ Services Laundries & laundromats (excluding drycleaners) - A - p P P _ Garment Pressing & drycleaners drop-off/ pickup A - P P P U SmeadSoft Reprint Date: Tuesday, August 20, 2013 - 12:01:52 - OfficialDocuments:605, Attachment Id 1, Page 8 Business Services District & Parking Advertising P P - - P PRO OCR MED CN CL CG CH P P Collection Mailing, Reproduction& Linen supply - - - - - P P Carpet & upholstery - - - - - P P cleaning leasing Employment Agencies P P - - - - - P Drycleaning plants - - P P P Computer & Data P P - Photographic Studios - A - P P P - Beauty Shops - A - P P P Barber Shops. - A - P P P Shoe Repair - A - P P P Funeral Homes - - - - P Funeral Chapels - - - - P P _ Crematoriums - - - Business Services & Parking Advertising P P - - P P P credit -Reporting-&- P P - - P P P Collection Mailing, Reproduction& P P P Stenographic Services General Automotive Repair - - - �� - - P Equipment rental & - - - - P P P leasing Employment Agencies P P - - P P P nip Supply Services - - - - P P P Computer & Data P P - - P P . Processing General and professional _ - Auto Repair, Services & Parking Automotive Rentals - - - - - P - - - P P P Antomobile—Rark ng & - - ' Storage - - - p Body & Paint Shops - - General Automotive Repair - - - �� - - P P Carwashes - - - - A P P Automotive Fluid Sales - - & Services (other than gasoline Miscellaneous Repair Electrical Repair - Watch, Clock, Jewelry - Reupholsters & Furniture - Welding - SmeadSoft Reprint Date: Tuesday, August 20, 2013 - 12:01:53 - OfficialDocuments:605, Attachment Id 1, Page 9 - - P P P _ - - - P - - P PRO OCR MED CN CL CG CH Motion Pictures Production & Distribution Services - - - - - P P Motion Picture Theaters - - - - P P - Drive In Theaters - - - - - - S Video Tape Rentals n P P - Amusement & Recreation Dance Studios, School & - - - - P P - Halls Theatrical Production - - - - P P - inclu. music Enclosed Commercial - - - - P P P Amusements Unenclosed ommercial S Amusements except minature gulf courses and driving ranges Health & Fitness Centers - - - A P P - Membership Sports & Rec. - - - - P P - Coin Operated Amusements - - - P P P - Minature Golf Courses - - - - - S A Driving_Ranges - - - - - A A Health & Medical. Services Offices and Clinics P P P P P P - Skilled Nursing Care - - P - S S - Facilities Intermediate Care Facil. - - P - S S - Hospitals - - P - - - - Medical & Dental Lab. - - P - P P - Home Health Care Svc. - - P - P P - Specialty Outpatient - - P - P P - Clinics Veterinarian Clinic - - - - - A A Wholesale Trade Durable Goods - - - - - - P Nondurable Goods - - - - - P 10 SmeadSoft Reprint Date: Tuesday, August 20, 2013 - 12:01:53 - OfficialDocuments:605, Attachment Id 1, Page 10 11 SmeadSoft Reprint Date: Tuesday, August 20, 2013 - 12:01:54 - OfficialDocuments:605, Attachment Id 1; Page 11 District PRO OCR MED CN CL CG CH Retail Trade Convenience Stores - - - P P P - Building Materials & - -. - - - A P Garden Supplies Paint, Glass & Wallpaper Stores - - - - P P P Hardware Stores - - - - P P P Retail- Nurseries & - - - - P P P Garden --Supplies - Model Mobile Home - - - - - A P Display Mobile Home Trailer Sales - - - - - - A General Merchandise Department Stores - - - - A P - Variety Stores - - - - A P - Flea Market - - - - - - S Auction Facilities, - - - - - - A Unenclosed Auction Facilities, - - - - - P P Enclosed Food Stores Grocery -Stores - - - P P P - Meat & Fish Markets - - - P P P - Fruit & Vegetable - - - P P P - Markets Candy, Nut & Confect. - - P P P P - Stores Dairy Product Stores - - - P P P - Retail Bakeries - - - P P P - Automotive -Dealer -s-&- Services New & Used Cars Dealers - - - - - P, P Used Cars Dealer - - - - - S A Auto & Home Supply Stores - - - - P P P Gasoline Service Stations - - - - A P P Boat Sales & Rentals - - - - - P P Recreational Vehicle - - - - - A P Dealers Motorcycle Dealers - - - - - P P Car Wash -• - - - - P P 11 SmeadSoft Reprint Date: Tuesday, August 20, 2013 - 12:01:54 - OfficialDocuments:605, Attachment Id 1; Page 11 District PRO OCR MED CN CL CG CH Automotive Fuel Sales - - - A A P P Commercial Marina - - - - - A P Murine Repair & Service - - - - - A P Apparel & Accessory P P - Florists - A Stores - - - P P P - Furniture & Home P P P P - Furnishings - - - P Furniture & Home Furnish. - - - - A P P Stores P - rift St Household Appliance - - - - A P P Stores P P P - Catalogue & Mail - Radio Television & - - - P P P - Computer Stores Eating & Drinking Est. Fuel Dealers - - - - Restaurants - - - P P P P Take Out Restaurants - A S P P P P Drive through Rest. - - - - - P P Bars and Lounges - - - - S P P Bottle Clubs - - - - - S A Drug Stores - A P A P P - Liquor Stores - - - P P P - Misc. Shopping Goods - - - - P P - Florists - A P P P P - News stands - A P P P P - Sporting Goods - - - - P P - Optical Goods - A P P P P - rift St P P P - Book and Card Store - A P P P P - Catalogue & Mail - - - - - P P Order House Fuel Dealers - - - - - P P Food & Kindred Products - - - - - - P Fruit & Vegetable -Packing - - _ - — S S Houses Fruit & Vegetable Juice - - - - - - S Extraction SmeadSoft Reprint Date: Tuesday, August 20, 2013 - 12:01:54 - OfficialDocuments:605, Attachment Id 1, Page 12 District PRO OCR MED CN CL CG CH COMMUNITY SERVICES Educational Services - - - P Footwear Hose, belts, gaskets - - - - - -r P packing Elementary & Secondary - S S S S S - Schools Services Local & Suburban - - - - - P P Transit Colleges & Universities - S S - S S - Libraries - A - A P P - Vocational, Tech, & Bus. - P P P P P - Institutional Indiv. & Family Services - - P - P P - Job Training Services - - - - P P P Day Care Services A A P A P P - Child Care & Adult Care A A P A P P - Nursing Homes & Rest Homes - - P - S S - Residential Treatement Ctr. - - P - S S S Place -of -Worship - -- - - P P P Cultural & Civic Facil. - - A - P P - Civic and social membership - - A - P P - organizations Public Administration Government Administra- A P A P P P - tive Buildings Courts - - - - P P - Emergency Services P P P P P P P Libraries P P P P P P P INDUSTRIAL Printing & Publishing - - - - - - P Rubber & Plastic - - 1 - - - P Footwear Hose, belts, gaskets - - - - - -r P packing Assembly production (not including manufacturing) - - - - - - P TRANSPORTATION AND COMMUNICATION Railroad/Bus Trans. Services Local & Suburban - - - - - P P Transit 13. SmeadSoft Reprint Date: Tuesday, August 20, 2013 - 12:01:54 - OfficialDocuments:605, Attachment Id 1, Page 13 District 1 PRO OCR MED CN CL CG CH Trucking & Courier - - - - - - P Services Commercial Warehousing - - - - - - P & Storage Moving & Storage - - - - - - P Trucking terminals - - - - - - P Self Storage Facilities - - - - - S P Outdoor Storage - - - - - - A Post Office P P P P P P P Water Transport Services - - - - - - P Air Transport Services - - - - - - P Pipelines - - - - - - P Heliport/Helipad - . - S - - S - Recycling Centers - - - - - A Travel & Tour Agencies - P - - P P - Freight Transport - P - - - P P Arrangement Communications Telephone & Telegraph - P - - P P P Radio & Television - P - - P P P Broadcasting Cable and Pay T.V. - P - - P P P Public & Private Utilities, A A A A A A A -Limited Public & Private Utilities, - - - - S Heavy .Transmission Towers Less than 70' in height - - - - P P P 70'-140' in height - - - - A A A RESIDENTIAL USES Single -Family Dwelling P P Duplex P P Multi -Family Dwelling P P Accessory Housing - (Watchman) -------------------------- P= Permitted Use A= Administrative Permit Use S= Special Exception Use A A A A - - S 1 No industrial use shall be permitted in the CH district unless public sewer service is provided to the subject property. 2 The requirements of section 917.06(11), of the Accessory uses-and_S_tructures-Chapter-,-shall-apply to -towers Less than -70. 14 SmeadSoft Reprint Date: Tuesday, August 20, 2013 - 12:01:55 - OfficialDocuments:605, Attachment Id 1, Page 14 ORDINANCE NO. 91- 7 SECTION 7: Section 971.13(3) is hereby established to read as follows: "�3_UsesandStructuress ccessory to OCRProI_ects- Administrative Permit). u District requiring ADMINISTRATIVE PERMIT approval (pursuant to the provisions of 971.04): OCR Additional informational requirements: 1. A statement on the project site plans giving -hetotal-ground—fluor-area of—the project, and the total combined floor area of carry -out only restaurants, miscellaneous retail uses, and personal services. The following retail uses are allowed in the OCR district, provided that such uses(s) are not freestanding and that such uses combined comprise no more than twenty (20) percent of the ground floor area of the 'structure in which -they are located: 1. carry -out only restaurants, 3. miscellaneous retail* 3. personal services* *Specific uses allowed as indicated in Chapter 911 for -the -OCR -district" SECTION 8: Section 911.10(7) is hereby amended to read as follows: Coding: Words in . -. . type are deletions from existing law. Words underlined are additions. 15. SmeadSoft Reprint Date: Tuesday, August 20, 2013 - 12:01:55 - OfficialDocuments:605, Attachment Id 1, Page 15 (7) size and Dimension Criteria d _ FRO OCR MED CN CL CG CH Min. Lot size sq. ft. 10,000 10,000 20,000 20,000 10,000 10,000 10,000 Min. Lot Width ft 100 100 100 100 100 100 100 Min. Yards ft. Front Rear 25 25 25 25 25 25 25 e 25 20 2�2o-10-1V10 20 20 10 10 10 Max Coverage 8 35 40 40 +' 40 40 40 40 Min. Open Space 8 35 35 30 30 25 . 25 25 Max. Building Height ft , 35 35 Residential District Re 35 35 35 35 35 Reg -5 -6 Hotel 6 Motel Minimum RM -8 RM -8 RM -8 RM -8 - sq ft of_ l_vnq area 250 250 - - 250 S q. ft. Of land are8 -- - - - 1200 - _ Per unit. Notes: Yards - Front Yards abutting S.R. 60 shall be 75 feet; Rear Yards (CH only) 0 if abutting FEC Railroad; 16 SmeadSoft Reprint Date: Tuesday, August 20, 2013 - 12:01:55 - OfficialDocuments:605, Attachment Id 1, Page 16 ORDINANCE NO. 91- 7 Section 911.11(4) "Uses", fourth page of table only is hereby amended to read as follows: (See following page) [NOTE: the remaining portion of 911.11(4) is to remain intact.] Coding: Words in . -. . type are deletions from existing law. Words underlined are additions. 17 SmeadSoft Reprint Date: Tuesday, August 20, 2013 - 12:01:56 - OfficialDocuments:605, Attachment Id 1, Page 17 Use Communications Transmission Towers Less -than 70-1 in hE �n�-14n�tn hninhf District IL IG Utilities Gas Services. P P Electric Services P P Water Services P P Sanitary Services P P irri-gati-on-Systems P RESIDENTIAL USES Accessory Housing (Watchmen) ----------------------- A A P= Permitted Use A= Administrative Permit Use S= Special Exception Use 18 SmeadSoft Reprint Date: Tuesday, August 20, 2013 - 12:01:56 - OfficialDocuments:605, Attachment Id 1, Page 18 ORDINANCE NO. 91- 7 SECTION 10: Section 911.15(5)(b) is hereby amended to read as follows: "(b) Required setbacks from natural waterbodies. All residential properties which abut the intracoastal waterway, Indian River or other natural waterbodies 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 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 M to properties adjacent to the St. Sebastian River ® and Indian River Lagoon Aquatic Preserve as set forth in Chapter 929, Upland Habitat Protection." SECTION 11: Section 911.15(5)(c) is hereby amended to read as follows: "(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 Section 912.05(3)(B)16. is hereby amended to read as follows: 16. anks (non-commercial) hacing,a.holding capacity of up to 200." SECTION 13: Section is hereby amended o read as follows: "(C) Prohibited accessory structures include, but are not limited to the following: ansmission towers over -TV -in height 2. any structure or facility used for commercial or industrial processes or storage of stock in trade" SECTION 14: Section 913.06(1)(F)3.d is hereby amended to read as follows: "d. No substantial adverse impacts on existing infrastructure are anticipated, as -the result of -the split -or -subsequent similar neighborhood lot splits, via the resulting increase in density M or intensity of use; SECTION 15: Section 913.07(6)(C) is hereby amended to read as follows: "(C) Format of drawings. The final plat shall be: 1. Prepared by a land surveyor registered and licensed in the State of Florida; Coding: Words in • • -• • type are deletions from existing law. Words underlined are additions. 19 SmeadSoft Reprint Date: Tuesday, August 20, 2013 - 12:01:56 - OfficialDocuments:605, Attachment Id 1, Page 19 ORDINANCE NO. 91-_�_ 2. on sheets twenty-four (24) inches by thirty-six (36) inches, with one -half-inch margin on three (3) sides and a three-inch margin on the left side for binding; 3. To a scale no smaller than one inch represents one hundred (100) feet. For subdivisions exceeding one hundred (100) acres, the scale may be as small as one inch represents two hundred (200) feet or as approved by the community development director or his designee; 4. Clearly drawn or printed with permanent black drawing ink; 5. On linen tracing cloth or stable base film a minimum of 0.003 inches thick coated upon completion with plastic material or a non -adhered scaled print on a stable base film made by photographic processes to ensure permanencyt and 6. Printed with lettering no smaller than 1/6", with a commensurate letter -line width." SECTION 16: Section 913.07(6)(F)l, the first paragraph only, is hereby amended to read as follows: 111. Dedications. The purpose of all reserved areas shown or referred to on the plat and of the improvements shall be defined in the dedication. All areas reserved for use by the residents of the subdivision and all areas or facilities intended for public use, shall be specifically dedicated by the owner of the land at the time the plat is recorded. All streets, rights-of-way, easements, recreation facilities designed to serve more than one property owner shall be dedicated to the • • County -or to a private property owners' association in a manner that will ensure access to and use by present and future owners of the properties to be served. Where private dedications are involved, ownership and maintenance association documents shall be submitted with the final plat. The dedication shall clearly dedicate the private facilities to the association without recourse to the county or any other public agency. All dedicated areas shall be identified as tracts unless all such areas are dedicated to one entity and clearly identifiable. All dedications shall be in the following forms or as approved by the county attorney:" [NOTE: the remaining portion of 913.06(b)(F)l. is to remain intact.] SECTION 17: Section 913.09(3)(E)-1. is-hereby--amended-to--read-as-fo-flows-: "1. At intersections, rights-of-way shall be joined by arcs tangent to the right-of-way lines and having a radius of at least twenty-five (25) feet, Increased radii may be required as provided for in the requirements of Chapter 952, Traffic." Coding: Words in • -• • type are deletions from existing law. Words underlined are additions. 20 SmeadSoft Reprint Date: Tuesday, August 20, 2013 - 12:01:57 - OfficialDocuments:605, Attachment Id 1, Page 20 ORDINANCE NO. 91 - Section 913.06(5)(A)2. is hereby amended to read as follows: 112. 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-racres.and-does-not--lend itself to division into lots each containing more than five (5) acres, a fractional breakdown resultinain lots -of-equal size ;Jarmg not less than two hundred thousand (200,000) square size qualifies for this exemption provision. SECTION 19: Section 912.20(1)b and section 912:20(l)(c) are hereby amended to read as follows: "(b) Verify all setbacks and1p atted easements (Planning): see sections 912.07(1) and ('2). (c) Verify right-of-way deficiencies IgHM=9 (Public Works) ESPECIALLY IF parcel abuts a major roadway: see section 912-.,07-(3) r - SECTION 20: Section 917.06(10)(B) is hereby amended to read as follows: "(B) Required setbacks M from natural waterbodies. All residential properties which abut the intracoastal waterway, Indian River or other natural waterbodies shall provide for a SECTION 21: Section I is hereby amended to read as follows: "(B) Towers which are thirty-five (35) feet to seventy (70) feet in height shall be restricted to locations which are a distance of, 1108 of the height of the tower from any perimeter Coding: Words in MOMS= type are deletions from existing law. Words underlined are additions. 21 SmeadSoft Reprint Date: Tuesday, August 20, 2013 - 12:01:57 - OfficialDocuments:605, Attachment Id 1, Page 21 ORDINANCE NO. 91--j_ Section 930.07(2)(a)8 is hereby amended to read as follows: "8. The Community Development and Public Works Departments shall obtain,, review, and reasonably utilize any base flood elevation and floodway data available from a Federal, State, or other source including data developed pursuant to subsection 930.07(2)(a)7. above, as criteria for requiring development in' A Zones on the County's FIRM meet the standards in subsections . ., (2)(b)2., (2)(b)3., (2)(b)5., (2)(b)11. ®, (2)(b)13.a, and ® (2)(b)13.b of this sections owever, in no case shall such development within a Flood Hazard Zone be less than eighteen (18) inches above ---the crown of the road or elevation required by the Indian River County Health Department. Section 971.05(9), first paragraph only, is hereby amended to read as follows:. 11(9) General criteria for review of special exception uses. Prior to approval by the board of county commissioners, a special exception use .. • . -• applicant must present as well as specific criteria for the respective special exception use cited herein in Chapter 971, regulations for specific land uses. The applicant shall have the burden of establishing, by competent material and substantial evidence, the existence of the facts and conditions which this chapter _requires for approv_a1. Theapplicant shall. have the responsibility to present evidence in the form of testimony,' exhibits, documents, models, plans and the like.to support the anDlication for approval of a special exception use. (NOTE: the remaining portion of 971.06(9) shall remain intact.] SECTION 24: Section 971.06(9) is hereby amended to read as follows: "(9) Automotive Fluids, Products, Sales & Service Other Than Gasoline (AP) (Vehicular sales, service and storage)" SECTION 25: Section 971.28(1)(d)4 is hereby amended to read as follows: 4. Coding: Words in • type are deletions from existing law. Words underlined are additions. 22 SmeadSoft Reprint Date: Tuesday, August 20, 2013 - 12:61:58 - OfficialDocuments:605, Attachment Id 1, Page 22 ORDINANCE NO. 91-7 b. That area outside the limits of the required front yard. d. An area which occupies no more than eighty (80) per cent of the combined.total areas of the rear and side yards. recreation area(s) and facilities that meet or exceed applicable state standards. The applicant shall supply to the planning division, prior to site plan approval, written acknowledgement from the state that the proposed recreation area(s) and facilities meet or exceed applicable state standards. The applicant shall provide either a 6' opaque buffer or 150' setback between all outdoor recreation areas and adiacent residentiallv designated properties." SECTION 26: Section 971.41(2)(a) is hereby amended to read as follows: "(a) Districts requiring ADMINISTRATIVE PERMIT approval, (pursuant to the provisions of 971.04): A-1 A=2 A-3 RM -8 -RM -1-0 OCR CN CL" SECTION 27: Section 971.41(4)(a) is hereby amended to read as follows: "(a) Districts requiring ADMINISTRATIVE PERMIT approval, (pursuant to the provisions of 971.04): A-1 A-2 A-3 RFD RS -1 SECTION 28: Section 911.06(6) is hereby amended to read as follows: (See the following page) Coding: Words in • -• • type are deletions from existing law. Words underlined are additions. 23 SmeadSoft Reprint Date: Tuesday, August 20, 2013 - 12:01:58 - OfficialDocuments:605, Attachment Id 1, Page 23 (6) Size and Dimension Criteria REGULATION UNIT A-3 A-2 A-1 RFD RS -l' Max. Density du/gr.ac. 0.05 0.1 0.2 0.4 1 Min. lot size sq. feet 870,000 430,000 200,000 85,000 40,000 Min. lot width feet 150 150 150 150 125 Min. yard setback feet Front 30 30 30 30 30 Side 30 30 30 30 20 Rear 30 30 30 30 30 Max. building feet 35 35-- 35 35 35 height Max. building of lot 10 10 20 30 30 coverage �60 Min. open of lot 80 80 6b°# 50 50 space Legally created lots of record existing prior to February 13, 1990, in the A•-1, A-2 and A-3 districts may be developed for one single family dwelling each, regardless of density; provided all other regulations and codes are satisfied. These lots must. meet requirements of the RS -1 district for the Size and Dimension Criteria. 24 SmeadSoft Reprint Date: Tuesday, August 20, 2013 - 12:01:58 - OfficialDocuments:605, Attachment Id 1, Page 24 ORDINANCE NO. 91-_1 SECTION 29: Section 971.13(2)(a) is hereby amended to read as follows: "(a) Districts requiring ADMINISTRATIVE PERMIT approval, (pursuant to the provisions of 971.04): A-1 A-2 A-3 CG CH" Section 913.07(5)(B)18. is hereby amended to read as follows: "18.. Written acknowledgement of the.notification requirements of Section 913.07(5)0 u of this chapter." CRrrPTnTI 11 Section 913.07(5)(H), first paragraph only, is hereby amended to read as follows: "(H) Notification. The respective county division shall be notified, in writing, with copies to the community development division, of the commencement and completion of the following items of construction so that an immediate inspection can be performed to ensure construction in conformance with said appraved construction plans and-speci-fications and the— requirements of this chapter. •• • • • • - •- - . . - If the county notifies the developer that no county inspector is available to inspect within 48 hours of an inspection request, and if a delay in inspection would cause a delav in the project, then this requirement may be met by submission of a certificate from the engineer of record that all construction was completed in accordance with the land development permit:" [NOTE: the remaining portion of 913.07(5)(H) is to remain intact.] SECTION 32: Section 902.12 is hereby amended to read as follows: (See following pages) Coding: Words in . . -• type. are deletions from existing law. Words underlined are additions. SmeadSoft Reprint Date: Tuesday, August 20, 2013 - 12:01:59 - OfficialDocuments:605, Attachment Id 1, Page 25 Section 902.12 Amendments to the Land Development Regulations Text and Official Zoning Atlas. (1) Purpose and Intent The purpose of this section is to provide a means for changing the text of the 1JEHIMM Land Development Requlations or the official zoning atlas. It is not intended to relieve particular hardships or confer special privileges or rights to (2) Changes and Amendments The Board of County Commissioners may from time to time,, on its own motion, the motion of, the Indian River County Planning and Zoning Commission, or the petition of the owner or the owner's authorized agent, amend, supplement, change, modify, or repeal—byy or4i-na-nce, pursuant—to—th+,—authoritT-and in the manner provided herein, any of the provisions of the Land Development Regulations, SmeadSoft Reprint Date: Tuesday, August 20, 2013 - 12:01:59 - OfficialDocuments:605, Attachment Id 1, Page 26 (3) Standards of Review In reviewing the application of a proposed amendment to the text of the - - .- Land Development Regulations or an application for a proposed amendment to the official zoning atlas, the Board of County Commissioners and the Planning and Zoning Commission shall consider: (a) Whether or not the proposed amendment is in conflict with any applicable portion of the Land Development Regulations; I-li�--Whether_or nnr theTroposed_amendment_igconsistent-with all elements of the Indian River County Comprehensive Plan; (c) Whether or not the proposed amendment is consistent with existing and proposed land uses; (d) Whether or not the proposed amendment is in compliance with the adopted county thoroughfare plan; (e) Whether or not the proposed amendment would generate traffic which would decrease the service levels on roadways -below level- adopted- i -n -the -Comprehensive -Pian; (f) Whether or not there have been changed conditions which would warrant an amendment; (g) Whether or not the proposed amendment would decrease the level of. service established in the Comprehensive Plan for Sanitary Sewer, Potable Water, Solid Waste, Drainage, and Recreation; (h) Whether or not the proposed amendment would result in significant adverse impacts on the natural environment; (i) Whether or not the proposed amendment would result in an orderly and logical development pattern, specifically identifying any negative effects on such pattern; (j) Whether or not the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and intent of - the Land Development Regulations; as well as (k) Any other matters that may be deemed appropriate by the .Planning and Zoning Commission or the Board of County Commissioners in review and consideration of the proposed amendment such as police protection, fire protection, and emergency medical services. (4) Amendment Procedures (a) Application and content. All applications (other than Board of--CountyCommissioners i-nitiated amendment for changes and amendments shall contain all the information required of this section and shall be in a form prescribed by the Community Development Department and approved by the Board of County Commissioners. The following information shall be provided by the applicant for an amendment to the official zoning atlas. SmeadSoft Reprint Date: Tuesday, August 20, 2013 - 12:01:59 - OfficialDocuments:605, Attachment Id 1, Page 27 i 1, Legal--descr--iption; boundary--,urvey.-----T.he application shall describe by legal description and any street address- where pnssihle_ the property to be affected by the proposed change, setting forth the present zoning applicable thereto and specifying the district, zone or use requested by the applicant. The application shall also include a copy of the deed and at least one other conveying instrument indicating present legal and/or equ table ownership together with notarized authorization from the owner of the subject property if the applicant is not the owner. The application shall also include a boundary survey, sealed by a registered land surveyor, of the property proposed to be rezoned. 2. Statement of verification. All such applications or petitions shall include a verified statement Showing—each and—every--individual—person having legal and/or equitable ownership interest in the property upon which the application for rezoning is sought. 3. Concurrency Certificate. Each application shall include a valid conditional, or initial • concurrency certificate or evidence of a concurrency certificate application. 4. Fees. Each application shall include a publication and appli-cation—fee—for—each—requested change; provided,however, that as many lots or parcels of property aq the applicant may desire may he included in a single petition if they constitute one contiguous area. Such fee shall be established by the board of county commissioners. 5. Application time limitations. A rezoning or land development regulation text amendment application shall be considered active for a period of one year after ibis submitted—fit tt ommuni y eveio�t Department. If the application is not complete or if the Board of County Commissioners does not hold a public hearing on the application because of delays by the applicant, the application shall be terminated one year after the submittal date. (b) Staff review. The Community Development Department shall have twenty (20) working days from the date the completed application and required fees are submitted to review and comment upon the application. The Community Development Department shall then place the completed application on the agenda of a regularly scheduled County Planning and Zoning Commission meeting; provided, however, the following notice and publication requirements are met prior to the public hearing before the County Planning and Zoning Commission. ], Published— notice requirement: ---The Community Development Department shall publish the material contents of the application, together with a map 28 SmeadSoft Reprint Date: Tuesday, August 20, 2013 - 12:02:00 - OfficialDocuments:605, Attachment Id 1, Page 28 indicating the area proposed to be rezoned, at least fifteen (15) days, excluding Sundays and legal holidays, prior to the county Planning & mooning Commission '-s public- hearing--on—the application, unless Florida Statutes mandate different notice requirements. 2. Mailed notice; posted notice. Additionally, the Community Development Department shall mail a written (certified return receipt requested) courtesy notice to all owners of property within three hundred (300) feet of the outer limits of the area described in the petition requesting a change, advising all such owners as shown upon the last prepared and completed tax assessment roll of the county, in simple term�e-proposed- change and the time and place of the public hearing. In the ventthat-mare-thantenrtlerlots-or- parcels are proposed for rezoning, notification shall be by publishednoticeonly. The Community -Development Department shall erect and conspicuously place upon the --subject. property at least one notice which shall contain the following information: a. Map of property which is the subject of the rezoning petition; b. Present zoning and requested rezoning classification; and C. Dates of sclie-duled-hearings. 3. all re -to -provide notice. The provisions hereof for mailing notice are directory only and the failure-tomailsuch notices shall not affect any change or amendment of said lIM Land Development Regulations. Moreover, failure to maintain a conspicuous notice on the property shall not affect any change or amendment of said EM MIM Land Development Regulations. (c) Action- by Planning and Zoning Commission. After the public hearing, the county Planning and Zoning Commission shall report--i�reco=ffWations to the Board of .County Commissioners for final action. A denial of, the application by the County Planning and Zoning Commission, unless appealed as provided for herein, will be final. (d) Appeals of decisions by Planning and Zoning Commission. Any --applicant whoL--is_ aggrieved -bye decision of the county Planning and Zoning Commission regarding a rezoning application may file a written notice of intent to appeal the county Planning and Zoning Commission decision with the director of the Community Development Department, the chairman of the County Planning an Zoning Commission, and the chairman of the Board of --County Commissioners. Such appeal must be filed within 29 SmeadSoff Reprint Date: Tuesday, August 20, 2013 - 12:02:00 - OfficiaiDocuments:605, Attachment Id 1, Page 29 fifteen (15) days of the decision of the county Planning and Zoning Commission. (e) Action by the Board of County Commissioners. Upon receipt of the recommendations from the county Planning and Zoning Commission, or upon receipt of a written notice or intent to appeal, the Board of County Commissioners shall consider the proposed change, amendment or rezoning application and appeal within forty-five (45) working days of the submission of said recommendations or written notice of intent to appeal, at advertised-publ-ice-hearing-aa-required-by F S_125.66- (5) Time for reapplying. No new application for an amendment, change or modification of the official zoning atlas shall be permitted to be filed until after the expiration of at least twelve (12) months from the filing of a previous application with the Community Development Department, covering substantially the same lands. (67--In-terim zoning.-The-aoard-of-Co=y-Commi-ssioners-may-adopt stop -gap or interim zoning for periods of time not to exceed one year designed to preserve the status quo in any area in the county, pending the completion of zoning, water and sewer, urban renewal or other similar type plans. u\v\ldr\admech SmeadSoft Reprint Date: Tuesday, August 20, 2013 - 12:02:00 - OfficialDocuments:605, Attachment Id 1, Page 30 ORDINANCE NO. 91-1 Section 911.08(4) "Uses" first page of table only, is hereby amended to read as follows: (See the following page) [NOTE: the remaining portion of 911.08(4) are to remain intact.] Coding: Words in . . type are deletions from existing law. Words underlined are additions. 31 SmeadSoft Reprint Date: Tuesday, August 20, 2013 - 12:02:01 - OfficialDocuments:605, Attachment Id 1, Page 31 r SmeadSoft Reprint Date: Tuesday, August 20, 2013 - 12:02:01 - OfficialDocuments:605, Attachment Id 1, Page 32 DISTRICT USES RT4 RFI -4 RM -6 A1N=8 —RMS AGRICULTURAL Noncommercial Nurseries A A A A A & Greenhouses Noncommercial Stables S S S S S RESIDENTIAL Single Family Dwellings P P P P P SF Dwelling (attached) P P P P P Duplex P P Multi -family dwellings P P P P P Docks on vacant SF lots A A A A A Bed & Breakfasts S S S A A INSTITUTIONAL ChildorAdu-1x-Calms Far 4 S- S A A Foster Care Fac. P P P P P Group Home (level I) A A A P P (Level II & III) S S S A A Residential Centers S S S S S Total Care Facilities - - - S S Places of Worship S S S A A COMMUNITY SERVICE Cultural -&Civic -Fac. - - - S Emergency Services Schools, Prim P P P P P Secondary Colleges & Univ. - - - S S Libraries S S S S S Public Health Clinics - - - S S Community Centers S S S A A Government Admini- strative Buildings S S S S S RECREATION Beach Clubs S S S S S Country Clubs S S S S S Golf Courses S S S S S Public Parks & A A A A A Playgrounds Tennis Facilities S S S S S Yacht Clubs S S` S S S Health & Fitness Clubs S S A A A Public/Private Docks S S S S S r SmeadSoft Reprint Date: Tuesday, August 20, 2013 - 12:02:01 - OfficialDocuments:605, Attachment Id 1, Page 32 ORDINANCE NO. 91- 7 SECTION 34: Section 971.28(3)(b) is hereby amended to read as follows: "(b) Districts requiring SPECIAL EXCEPTION approval, (pursuant to the provisions of 97-1-.-05-y- Level- H -anti T T RT -6 RN -3 RM -4 RM -6 Residential centers: RM -6 RM -8 RM -10 CL CG CH RM -3 RM -4" SECTION 35: 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 River County and which conflict with the provisions of this ordinance -are -hereby repealed to the -extent of such conflict. SECTION 36: CODIFICATION The provisions of this 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 37: SEVERABILITY If any section, part of a sentence, paragraph, phrase or word of -this ordinance isfor 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 38: EFFECTIVE DATE The provisions of this ordinance shall become effective upon receipt from the Florida Secretary of State of official - acknowledgement that this ordinance has been filed with the Department ofState. Approvedand adopted -by the Board of-jCounty Commissioners of Indian River,County, Florida on this 27th day of Fehruary , 1991. This ordinance was advertised in the Vero Beach Press -Journal on the day of February, , 19 , an on the 32days Coding: Words in • -• • type are deletions from existing law. Words underlined are additions. 33 SmeadSoft Reprint Date: Tuesday, August 20, 2013 - 12:02:01 - OfficiaiDmuments:605, Attachment Id 1, Page 33 tP + n ORDINANCE NO. 91- 7 February , 1991, for public hearings to be held on the .12 day of --February— 1991, and on he r,. day of February , 1991 at which time at the fins ear ng it was moved for adoption by Commissioner EggIrt , seconded by Commissioner Whaalar , and adopted by the following vote; Chairman Richard N. Bird 4$ Vice Chairman Gary C. Wheeler Ave Commissioner Carolyn K. Eggert Ave Commissioner Margaret C. Bowman Absent Commissioner Don C. Scurlock, Jr. Aye BOARD OF COUNTY COMMIS OF INDIAN RIVER COUNTY Acknowledgement by the Depart of State of the State of Florida this 5th day of March , 1991. Effective Date: Acknowledgement from the Department of—State received on this 11th day of March , 1991 at 2:Q0 A.M./P.M. and filed in---the--office of the Clerk of the Board of Count'y�ommissioners of Indian River County Florida. APPROVED AS TO FOR AND LEGAL SUFFICIENCY. W - -9L<- William G. Collins, II, Assistant County Attorney ROVED -AS -TO -PLANNING -MATTERS Community Devel'opmeWt Director \u\c\s\ldrrev.ord Coding: Words in M01113-31 • type are deletions from existing law. Words underlined are additions. 34 SmeadSoft Reprint Date: Tuesday, August 20, 2013 - 12:02:02 - OfficialDocuments:605, Attachment Id 1, Page 34