HomeMy WebLinkAbout2014-012ORDINANCE 2014- 012
AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, CONCERNING AMENDMENTS
TO ITS LAND DEVELOPMENT REGULATIONS (LDRs); PROVIDING FOR AMENDMENTS
TO CHAPTER 901, DEFINITIONS, BY AMENDING SECTION 901.03, DEFINITION OF
"STREET"; BY AMENDING SECTION 901.03, DEFINITION OF "YARD, FRONT" 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 THE INDIAN RIVER COUNTY LAND DEVELOPMENT
REGULATIONS (LDRS) CHAPTER 901, DEFINITIONS, FOR SPECIFIC LAND USES, BE
AMENDED AS FOLLOWS:
SECTION #1:
Amend LDR Section 901.03, Definitions, definition of "Street" to read as follows:
Street (also see roadway) a public or private right-of-way which provides vehicular traffic
access between certain points and which also may provide space for the location of utilities. Streets
are classified by function as follows:
(1) Arterial, principal those routes intended to carry heavy volumes of traffic for major
distances within or through the county, as delineated on the Indian River County
Thoroughfare Plan.
(2) Arterial, minor those routes intended to carry heavy volumes of traffic for short distances
within the county, as delineated on the Indian River County Thoroughfare Plan.
(3) Collector a street which carries traffic from minor streets to arterial streets, as indicated on
the Indian River County Thoroughfare Plan.
(4) Subdivision collector road a street which serves as the principal entrance street of a
residential subdivision or provides for traffic circulation within a subdivision.
(5) Minor or Local Street a street of limited continuity used primarily for access to abutting
property, including cul-de-sacs and nonthrough streets.
(6) Marginal Access Streets a street that is parallel and adjacent to a major arterial street or
highway and which provides access to abutting property.
(7) Commercial service street a local street of limited right-of-way width (30' — 40') that
serves commercially zoned property but not residentially zoned property, functions
as an alley or secondary service access for property that fronts the commercial
service street and an arterial street, and that is designated as a commercial service
street by resolution of the Board of County Commissioners.
SECTION #2:
Amend LDR Section 901.03, Definitions, definition of "yard, front" to read as follows:
Yard, front on interior lots the yard being the minimum horizontal distance between the
structure and the street right-of-way or Murphy Deed Reservation line. On multi -frontage lots
(including corner lots) all yards which abut a street right-of-way or Murphy Deed Reservation are
considered front yards, with the following exception:
Bold Underline: Additions to Ordinance 1
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ORDINANCE 2014- 012
For parcels adjacent to subdivision street rights-of-way, where the parcel is separated from the
subdivision street by landscape improvements required by the subdivision ordinance and where
the parcel cannot be accessed from the subdivision street, the portion of the parcel adjacent to
the right-of-way shall be treated as a side yard where a side yard would exist, and a rear yard
where a rear yard would exist, absent the right-of-way.
On double frontage residentially zoned lots having frontage on opposite sides of the lot or
parcel, the yard abutting the street with the lower functional classification as depicted on the
county's thoroughfare plan map shall be the front yard. If both streets have the same functional
classification, the yard adjacent to the front lot line having the shortest dimension shall be the
front yard.
On commercially zoned lots that front an arterial street and a commercial service street
on opposite sides of the lot, the yard abutting the arterial street shall be a front yard and
the yard abutting the commercial service street shall be a rear yard.
SECTION #3: 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 #4: 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 #5: 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 #6: EFFECTIVE DATE
This Ordinance shall take effect upon filing with the Department of State.
This ordinance was advertised in the Press -Journal on the 2nd day of June, 2014, for a public
hearing to be held on the 17th day of June, 2014, at which time it was moved for adoption by
Commissioner F 1 e s c h e r , seconded by Commissioner Davis , and adopted by the
following vote:
Chairman Peter D. O'Bryan Aye
Vice Chairman Wesley S. Davis Aye
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ORDINANCE 2014- 012
Commissioner Joseph E. Flescher Aye
Commissioner Tim Zorc Ave
Commissioner Bob Solari Aye
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY
The Chairman there upon declared the ordinance duly passed and adopted this 17 day of
June '2014.
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BY:
Peter D. O'Bryan, C firman
ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller
BY: 0-��
Deputy Clerk
This ordinance was filed with the Department of State on the following date:
APPROVED AS TO FORM AND LEGAL SUFFICIENCY
Dylan Reingold, County Attorney
APPROVED AS TO PLANNING MATTERS
Stan Boling, AIC ;y
C mmunity Development Director
Bold Underline: Additions to Ordinance
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