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Home My WebLink About2013-022ORDINANCE 2013-022 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA CONCERNING AMENDMENTS TO ITS LAND DEVELOPMENT REGULATIONS (LDRs); PROVIDING FOR AMENDMENTS TO CHAPTER 911, ZONING, AND CHAPTER 912, SINGLE-FAMILY DEVELOPMENT, BY AMENDING SECTIONS 911.15(2) AND 912.07(1)(B)6. TO REGULATE THE SITING OF OUTDOOR MECHANICAL EQUIPMENT IN DEVELOPMENTS WITH REDUCED YARD SETBACKS; AMENDING SECTION 974.06 OF CHAPTER 974, NOISE AND VIBRATION CONTROL, TO EXEMPT PROPERLY SITED AND PROPERLY SOUND -MITIGATED OUTDOOR MECHANICAL EQUIPMENT IN DEVELOPMENTS WITH REDUCED YARD SETBACKS; AND BY 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 INDIAN RIVER COUNTY LAND DEVELOPMENT REGULATIONS (LDRS) CHAPTER 911, ZONING; CHAPTER 912, SINGLE-FAMILY DEVELOPMENT; AND CHAPTER 974, NOISE AND VIBRATION CONTROL, BE AMENDED AS FOLLOWS: SECTION #1: Amend LDR Chapter 911, Zoning, Section 911.15(2), Yard encroachments, to read as follows: (2) Yard encroachments. Every part of a required yard shall be open and unobstructed from the ground to the sky, except as hereinafter provided or as otherwise permitted in this ordinance. No structure shall be erected within any easement, except as specifically authorized by this ordinance. (a) Structural overhangs. Cornices, awnings, eaves, gutters or other similar structural overhangs, at least seven (7) feet above grade, may extend up to four (4) feet into any required yard, provided that no such overhang shall extend to within six (6) feet of any property line. (b) Sills and belt courses. Sills, belt courses and similar ornamental features may extend six (6) inches into any required yard. (c) Air conditioners, pool heaters and similar mechanical equipment. Air conditioning equipment, pool heaters, sprinkler system controls and similar mechanical equipment (including utility pad mounted equipment) may project into any required yard provided that the equipment is mounted adjacent to the building. In order to minimize potential noise nuisance to adjacent properties, air conditioners, pool heaters and similar mechanical equipment in Planned Developments and small - lot subdivisions with reduced yard setbacks shall be: • located adjacent to a garage or other non -living area, and not located adiacent to an outdoor living area such as a porch or patio; or • located at least 10 feet from all property lines; or • county -approved as a "quiet" low decibel model unit or installed with a county -approved sound barrier or other county -approved noise -mitigating improvement. Bold Underline: Additions to Ordinance StFiCadwoughi Deleted Text from Existing Ordinance F:\Community Development\Users\ROLAND\LDR\Mech equip noise LDR revisions\Outdoor Mech Equip Noise LDR Amend 2013.doc ORDINANCE 2013- 022 SECTION #2: Amend LDR Chapter 912, Single -Family Development, Section 912.07(1)(b)6., [Setbacks for certain types of structures], to read as follows: 6. [Setbacks for certain types of structures.] Setbacks for certain types of structures are reduced or waived, in accordance with the "yard encroachment" provisions of chapter 911, Zoning. The following yard encroachments are allowed. a. Structural overhangs. Cornices, awnings, eaves, gutters or other similar structural overhangs, at least seven (7) feet above grade, may extend up to four (4) feet into any required yard, provided that no such overhang shall extend to within six (6) feet of any property line. b. Sills and belt courses. Sills, belt courses and similar ornamental features may extend six (6) inches into any required yard. c. Air conditioners, pool heaters and similar mechanical equipment. Air conditioning equipment, pool heaters, sprinkler system controls and similar mechanical equipment (including utility pad mounted equipment) may project into any required yard provided that the equipment is mounted adjacent to the building. In order to minimize potential noise nuisance to adiacent properties, air conditioners, pool heaters and similar mechanical equipment in Planned Developments and small -lot subdivisions with reduced yard setbacks shall be: • located adiacent to a garage or other non -living area, and not located adiacent to an outdoor living area such as a porch or patio; or • located at least 10 feet from all property lines; or • county -approved as a "quiet" low decibel model unit or installed with a county -approved sound barrier or other county -approved noise - mitigating improvement. SECTION #3: Amend LDR Chapter 974, Noise and Vibration Control, Section 974.06, Exemptions, to read as follows: Section 974.06. Exemptions. The following noises or vibrations shall be exempt from the restrictions set forth in the other sections of this chapter. (1) Noises of authorized safety signals and warning devices; (2) Noises resulting from any authorized emergency vehicle, when responding to an emergency call or acting in time of emergency or any other public safety operation; Bold Underline: Additions to Ordinance 2 Strike thfough! Deleted Text from Existing Ordinance FXommunity Development\Users\ROLAND\LDR\Mech equip noise LDR revisions\Outdoor Mech Equip Noise LDR Amend 2013.doc ORDINANCE 2013- 022 (3) Noises resulting from emergency work, which is to be construed as work made necessary to restore property to a safe condition following a public calamity, or work required to protect persons or property from any imminent exposure to danger; (4) Noises incidental to mosquito control activities by the Indian River County Mosquito Control Board; (5) Noises incidental to the activities of bona fide agricultural operations; (6) Noises resulting from use of an emergency power generator during a power outage, provided that the generator is operated in accordance with manufacturer's specifications, with all standard equipment, and is in proper operating condition. Notwithstanding, noises resulting from use or testing of a generator by a utility company to support installation, repair, maintenance, or restoration of service operations are exempt from the restrictions set forth in this chapter; (7) Noises resulting from an air conditioner, pool heater, and similar outdoor mechanical equipment that is properly located, or county -approved as a "quiet" low decibel model unit, or installed with a county -approved sound barrier or other county - approved noise -mitigating improvement as set forth in Section 911.15(2)(c) of Chapter 911, Zoning, and Section 912.07(1)(b)6. of Chapter 912, Single -Family Development. Noises or vibrations associated with uses or activities whereby an administrative approval to produce such noises or vibrations contrary to the restrictions of this chapter has been obtained from the community development director, as set forth in section 974.07 of this chapter. SECTION #4: SEVERABILITY If any clause, section or provision of this Ordinance shall be declared by a court of competent jurisdiction to be unconstitutional or invalid for any cause or reason, the same shall be eliminated from this Ordinance and the remaining portion of this Ordinance shall be in full force and effect and be as valid as if such invalid portion thereof had not been incorporated therein. SECTION #5: REPEAL OF CONFLICTING ORDINANCES The provisions of any other Indian River County ordinance that are inconsistent or in conflict with the provisions of this Ordinance are repealed to the extent of such inconsistency or conflict. SECTION #6: INCLUSION IN THE CODE OF LAWS AND ORDINANCES The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Indian River County, Florida. The sections of the Ordinance may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section", "article", or any other appropriate word. SECTION #7: EFFECTIVE DATE This Ordinance shall take effect upon filing with the Department of State. Bold Underline: Additions to Ordinance 3 Strike dreu& Deleted Text from Existing Ordinance FXommunity Development\Users\ROLAND\LDR\Mech equip noise LDR revisions\Outdoor Mech Equip Noise LDR Amend 2013.doc ORDINANCE 2013- 022 This ordinance was advertised in the Press -Journal on the 25 day of November , 2013, for a public hearing to be held on the Qday of December , 2013, at which time it was moved for adoption by Commissioner Davis , seconded by Commissioner zorc , and adopted by the following vote: Chairman Peter D. O'Bryan Ave Vice Chairman Wesley S. Davis Aye Commissioner Joseph E. Flescher Aye Commissioner Tim Zorc Aye Commissioner Bob Solari Aye The Chairman there upon declared the ordinance duly passed and adopted this 10th day of December ,2013. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY 0 Peter D. O'Bryan, ATTEST: Jeffrey R. Smith, Clerk of Court and Deputy EFFECTIVE DATE: This ordinance was filed with the Department of State on the day of 2013. APPROVED AS TO F D LEGAL SUFFICIENCY 19yLl", 7 S Dylan Reing ld, County Attorney APPROVED AS TO PLANNING MATTERS Stan Boling, AIQP, Planning Director Bold Underline: Additions to Ordinance 4 Strike dwough:: Deleted Text from Existing Ordinance FXommunity Development\Users\ROLAND\LDR\Mech equip noise LDR revisions\Outdoor Mech Equip Noise LDR Amend 2013.doc