HomeMy WebLinkAbout2010-008ORDINANCE 2010- 008
AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA CONCERNING AN AMENDMENT TO
ITS LAND DEVELOPMENT REGULATIONS (LDR); PROVIDING FOR AMENDMENTS TO
CHAPTER 911, ZONING; CHAPTER 926, LANDSCAPE AND BUFFER REGULATIONS; AND
CHAPTER 927, TREE PROTECTION AND LANDING CLEARING; BY REVISING FOUNDATION
PLANTING REGULATIONS FOR THE WABASSO CORRIDOR SECTION 911.18(3)0); BY REVISING
FOUNDATION PLANTING REGULATIONS FOR THE SR 60 CORRIDOR SECTION 911.19(6)(f); BY
REVISING FOUNDATION PLANTING REGULATIONS FOR THE NORTH BARRIER ISLAND
CORRIDOR SECTION 911.20(3)(J); BY REVISING FOUNDATION PLANTING REGULATIONS FOR
THE ROSELAND CORRIDOR SECTION 911.21(3)(L); BY REVISING FOUNDATION PLANTING
REGUALATIONS FOR THE OTHER CORRIDORS SECTION 911.22(5)(E); BY REVISING THE
MATERIAL STANDARDS REQUIREMENTS IN SECTION 926.06(1) AND (3); BY REVISING THE
WALL LANDSCAPING REQUIREMENTS IN SECTION 926.06(9); BY REVISING THE TREE
PRESERVATION CREDITS IN SECTION 926.07(2); BY REVISING REQUIRED LANDSCAPING
REQUIREMENTS ADJACENT TO RIGHTS-OF-WAY IN SECTION 926.09; BY REVISING
INSTALLATION AND MAINTENANCE PRUNING STANDARDS IN SECTION 926.12, AND BY
REVISING APPLICATION PROCEDURE AND FEES IN SECTION 927.11(1)(d)3; 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)
BE AMENDED AS FOLLOWS:
SECTION #1:
Section 911.18(3)0), Wabasso Corridor foundation planting requirements, is hereby amended to read
as follows:
(j) Foundation plantings: Foundation plantings shall be required as stated below for buildings in
commercial and industrial areas and for businesses allowed in residential areas.
€For industrial and storage buildings located in the CH, IL, and IG zoning districts, however,
Foundation planting strips shall be exempted for sides of buildings not fronting on a
residentially designated area, or public road. Reference section 911.18(3)(c)3 regarding
exemptions for historic buildings and resources.
Along the front, sides and rear of buildings, the following foundation planting landscape strips
shall be provided in accordance with the building height:
Building Height
Foundation Planting Strip Depth'
Up to 12' hi h
S' avera a 3' minimum dimension
12' to 25' hi h
40LAepth 10' avera a 6' minimum dimension
Over 25' hi h
15Ldepth 15' avera a 10' minimum dimension
'A distanee Depth shall be measured perpendicular to the building, from the
foundation outward. Consistent with the requirements below, greater depths may
be required where canopy, palm, and understory trees are planted within the
foundation planting strip.
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ORDINANCE 2010- 008
2. At planting, the minimum separation distance from building facades or walls shall be
seven (7) feet to canopy trees and five (5) feet to understory trees and palms. At
planting, the minimum separation distance from sidewalks shall be six (6) feet to canopy
trees and three (3) feet to understory trees and palms, and shall be three (3) feet from
parking spaces to canopy trees, understory trees, and palms. Separation distances shall
be measured from the trunk to the nearest building, wall, sidewalk, or parking space.
a. Exception: narrow, upright canopy tree species, such as varieties of
cypress and holly, may be located the same distance from buildings, walls, and sidewalks as
understory trees and palms.
b. Where a magnolia or other canopy tree (not including a narrow species
such as a cypress or holly) is used in a foundation planting area, the planting area shall have a
minimum depth of ten (10) feet measured from the building.
-23. Within such foundation planting landscape strips, the following landscaping shall be
provided;
a. Forty (40) percent of the foundation perimeter (excluding entranceways and
overhead doors) along all building faces shall be landscaped, as follows:
*For buildings up to 12' in height
Minimum planting area depth:
-5'31 minimum avera a 5'
Minimum plant material required:
* 1 palm tree or appropriate canopy tree for every 4-0
lineal feet o f ,,lancing strip (,histo,.) 100 sg. ft. of
required foundation planting area. Where an
appropriate canopy tree (conventional or narrow
species) is used, the canopy tree may count for 2
alms.
*1 understory tree (or two 42" non-native/36"
native shrubs) for every 20 lineal feet of r-eroa
300 s . ft. of required planfin2 area.
* 1.5 shrubs (minimum shrub height 12") for every
10 square feet of required planting area
*Ground cover, flowering plants or sod in the
remaining planting area; sod shall be limited to
30% of the required planfin2 area.
*For buildings of 12' to 25' in height
Minimum planting area depth:
44 6' minimum (average 10'
Minimum planting material required:
*1 canopy tree (including palms credited as
canopy trees) for every 10 lineal feet o f fe roa
height 12'
planting strip (3 palms with a minimum of
eaeh may be substittited for- o.,e eanep�-4fee)-150
so. ft. of required foundation Planting area.
*1 understory tree (or two 42" non-native/36"
native shrubs) for every 20 lineal feet o f ,.o rad
planting 300 sq. ft. of required plantin2 area.
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ORDINANCE 2010- 008
b. The following modifications are allowed upon approval from the community
development director or his designee:
Foundation planting strips may be located away from buildings to
adiacent, nearby areas to avoid conflicts with architectural features
(e.g., roof overhangs, awnings), driveways, and vehicular areas serving
drive -up windows.
2. The depth of foundation planting strips may be modified if the overall
minimum area covered by the proposed foundation plantings propesed
meets or exceeds the area encompassed by a typical layout.
3. Foundation planting areas may be concentrated in one or more
areas of the building perimeter, if warranted based upon site
constraints or building and site design characteristics. Planting
areas shall be provided where the building is most visible from
adiacent roadways and on-site areas used by the public.
0.1) Increased foundation plantings for "blank facade" building faces. As referenced in the
architectural/building standards seetio of this plan, of these corridor regulations, "blank
facade" building faces that are unarticulated are allowed if foundation plantings are provided
as specified above with a one hundred (100) percent increase (doubling) in required plant
material quantities (as specified above).
(See Figure F-7 through F-10 at the end of section 911.19)
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*1.5 shrubs for every 10 square feet of required
lanting area
*Ground cover, flowering plants or sod in the
remaining planting area; sod shall be limited to
30% of the required Plantin2 area.
*For buildings over 25' in height
Minimum planting area depth:
4-5' 10' minimum 15' avera e
Minimum plant material required:
* 1 canopy tree (including palms credited as
canopy trees) for every 7 lineal feet o f fe rya
planting strip (3 palms with a minimufn height ef 16'
eaeb may be substitutedfor- o.,e e , tfee) 150
sg. ft. of required foundation planting area.
Palms shall have an average clear trunk of 14 feet
or ereater.
* 1 understory tree (or two 42" non-native/36"
native shrubs) for every 20 lineal feet o f ro roa
e strip 300 sq. ft. of required planting area,
*1.5 shrubs for every 10 square feet of required
lanting area
*Ground cover, flowering plants or sod in the
remaining planting area; sod shall be limited to
30% of the required planting area.
b. The following modifications are allowed upon approval from the community
development director or his designee:
Foundation planting strips may be located away from buildings to
adiacent, nearby areas to avoid conflicts with architectural features
(e.g., roof overhangs, awnings), driveways, and vehicular areas serving
drive -up windows.
2. The depth of foundation planting strips may be modified if the overall
minimum area covered by the proposed foundation plantings propesed
meets or exceeds the area encompassed by a typical layout.
3. Foundation planting areas may be concentrated in one or more
areas of the building perimeter, if warranted based upon site
constraints or building and site design characteristics. Planting
areas shall be provided where the building is most visible from
adiacent roadways and on-site areas used by the public.
0.1) Increased foundation plantings for "blank facade" building faces. As referenced in the
architectural/building standards seetio of this plan, of these corridor regulations, "blank
facade" building faces that are unarticulated are allowed if foundation plantings are provided
as specified above with a one hundred (100) percent increase (doubling) in required plant
material quantities (as specified above).
(See Figure F-7 through F-10 at the end of section 911.19)
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ORDINANCE 2010- 008
SECTION #2:
Section 911.19(6)(f), SR 60 Corridor foundation planting requirements , is hereby amended to read as
follows:
(f) Foundation plantings. Foundation plantings shall be required as stated below for buildings in
commercial and industrial areas and for businesses allowed in residential areas. mer
€For industrial and storage buildings located in the CH, IL, and IG zoning districts, however,
foundation planting strips shall be exempted for sides of buildings not fronting on a
residentially designated area, or public road. In addition, industrially zoned manufacturing
uses in the 98th Avenue manufacturing district and historic buildings and resources are
exempt from foundation planting requirements to the extent provided for in section
911.19(3)(a)5. and 6. of this ordinance.
Along the front, sides and rear of buildings, the following foundation planting landscape strips
shall be provided in accordance with the building height:
Building Height
Foundation Planting
Strip Depth'
Up to 12' hi h
5LAepth 5' averse
3' minimum dimension
12' to 25' hi h
10' averse
6' minimum dimension
Over 25' hi h
ISLdeplh 15' averse
10' minimum dimension
'A distanee Depth shall be measured perpendicular to the building, from the
foundation outward. Consistent with the requirements below, greater depths may
be required where canopy, palm, and understory trees are planted within the
foundation planting strip.
2. At planting, the minimum separation distance from building facades or walls shall be
seven (7) feet to canopy trees and five (5) feet to understory trees and palms. At
planting, the minimum separation distance from sidewalks shall be six (6) feet to canopy
trees and three (3) feet to understory trees and palms, and shall be three (3) feet from
parking spaces to canopy trees, understory trees, and palms. Separation distances shall
be measured from the trunk to the nearest building, wall, sidewalk, or parking space.
a. Exception: narrow, upright canopy tree species, such as varieties of cypress and holly,
may be located the same distance from buildings, walls, and sidewalks as understory trees and palms.
b. Where a magnolia or other canopy tree (not including a narrow species such as a
cypress or holly) is used in a foundation planting area, the planting area shall have a minimum depth
of ten (10) feet measured from the building.
-23. Within such foundation planting landscape strips, the following landscaping shall be
provided:
a. Forty (40) percent of the foundation perimeter (excluding entranceways and overhead doors)
along all building faces shall be landscaped, as follows:
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ORDINANCE 2010- 008
*For buildings up to 12' in height
Minimum planting area depth:
-5'3' minimum avers a 5'
Minimum plant material required:
*I palm tree or appropriate canopy tree for every 4.0
lineal feet of planting stfip (eltister-ed) 100 sg. ft. of
required foundation planting area. Where an
appropriate canopy tree (conventional or narrow
species) is used, the canopy tree may count for 2
alms.
*I understory tree (or two 42" non-native/36"
native shrubs) for every 20 lineal feet of r-equife
stfip 300 so. ft. of required lantin area.
* 1.5 shrubs (minimum shrub height 12") for every
10 s uare feet of required planting area
*Ground cover, flowering plants or sod in the
remaining planting area, sod shall be limited to 30%
of the required planting area.
*For buildings of 12' to 25' in height
Minimum planting area depth:
4-W 6' minimum avers a 10'
Minimum planting material required:
*I canopy tree (including palms credited as canopy
lEgg§1 for every 10 lineal feet offe, ,hied planting
height 12'
stfip (3 palms with a minimum of
be stibstitutea for- o eh eanepy tr150 sq. ft. of
re uired foundation Plantine area.
*I understory tree (or two 42" non-native/36"
native shrubs) for every 20 lineal feet of r-eqttir-ed
300 sq. ft. of required plantin2 area,
* 1.5 shrubs for every 10 square feet of required
lantin area
*Ground cover, flowering plants or sod in the
remaining planting area; sod shall be limited to 30%
of the required lantin area.
*For buildings over 25' in height
Minimum planting area depth:
4-S! 10' minimum 15' avers e
Minimum plant material required:
*1 canopy tree (including palms credited as canopy
jEgtsj for every 7 lineal feet o f r-equir-ed planting strip
height 16' may b
(3 palms with a minimum of eaeh -e
substituted fef each— 150 so. ft. of
required foundation planting area. Palms shall
have an avers a clear trunk of 14 feet or 2reater.
*1 understory tree (or two 42" non-native/36"
native shrubs) for every
300 so. ft. of re uired lantin area,
*1.5 shrubs for every 10 square feet of required
lantin area
*Ground cover, flowering plants or sod in the
remaining planting area; sod shall be limited to 30%
of the required planting area.
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ORDINANCE 2010- 008
b. The following modifications are allowed upon approval from the community
development director or his designee:
Foundation planting strips may be located away from buildings to
adiacent, nearby areas to avoid conflicts with architectural features
(e.g., roof overhangs), driveways, and vehicular areas serving drive -up
windows.
2. The depth of foundation planting strips may be modified if the overall
minimum area covered by the proposed foundation plantings prepesed
meets or exceeds the area encompassed by a typical layout.
3. Foundation planting areas may be concentrated in one or more
areas of the building perimeter, if warranted based upon site
constraints or building and site design characteristics. Planting
areas shall be provided where the building is most visible from
adiacent roadways and on-site areas used by the public.
SECTION #3
Section 911.20(3)0), North Barrier Island Corridor foundation planting requirements, is hereby
amended to read as follows:
(j) Foundation plantings: Foundation plantings shall be required as stated below for non-
residential buildings.
Along the front, sides and rear of buildings, the following foundation planting landscape strips
shall be provided in accordance with the building height:
Building Height
Foundation Planting
Strip Depth'
Up to 12' hi h
5' averse
3' minimum dimension
12' to 25' high
44Ldepth 10' averse
6' minimum dimension
Over 25' high
45Ldepth 15' averse
10' minimum dimension
'A distanee Depth shall be measured perpendicular to the building, from the
foundation outward. Consistent with the requirements below, greater depths may
be required where canopy, palm, and understory trees are planted within the
foundation planting strip.
2. At alantins, the minimum separation distance from building facades_ or walls shall be
seven (7) feet to canopy trees and five (5) feet to understory trees and palms. At
planting, the minimum separation distance from sidewalks shall be six (6) feet to canopy
trees and three (3) feet to understory trees and palms, and shall be three (3) feet from
parking spaces to canopy trees, understory trees, and palms. Separation distances shall
be measured from the trunk to the nearest building, wall, sidewalk, or parking space.
a. Exception: narrow, upright canopy tree species, such as varieties of cypress and holly,
may be located the same distance from buildings, walls, and sidewalks as understory trees and palms.
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ORDINANCE 2010-008
b. Where a magnolia or other canopy tree (not including a narrow species such as a
cypress or holly) is used in a foundation planting area, the planting area shall have a minimum depth
of ten (10) feet measured from the building.
-23. Within such foundation planting landscape strips, the following landscaping shall be
provided;
a. Forty (40) percent of the foundation perimeter (excluding entrance ways and overhead doors)
along all building faces shall be landscaped, as follows:
*For buildings up to 12' in height
Minimum planting area depth:
YY minimum avers a 5'
Minimum plant material required:
*I palm tree or appropriate canopy tree for every 10 lineal
feet of planting strip (eltis*eraa' 100 sq. ft. of required
foundation planting area. Where an appropriate
canopy tree (conventional or narrow species) is used,
the cane y tree may count for 2 palms.
*1 understory tree (or two 42" non-native/36" native
shrubs) for every 20 linea' feet of ro roa planting
300s . ftof required plantin2 area.
*1.5 shrubs (minimum shrub height 12") for every 10
s uare feet of required planting area
*Ground cover, flowering plants or sod in the remaining
planting area; sod shall be limited to 30% of the
re uired nlantin2 area.
*For buildings of 12' to 25' in height
Minimum planting area depth:
4.9' 6' minimum averse 10'
Minimum planting material required:
*1 canopy tree (including palms credited as canopy
ILEg§1 for every ,n lineal feet of,.o,,, ife .,lancing s*,;� rz
height 12eaeh may
path a minimum of
substituted f r o eb eanepy tree' 150 sg. ft. of required
foundation lantin area.
*1 understory tree (or two 42" non-native/36" native
shrubs) for every 20 linea' feet of r -o rya planting
300 s . ft, of required plantinjj area.
*1.5 shrubs for every 10 square feet of required planting
area
*Ground cover, flowering plants or sod in the remaining
planting area; sod shall be limited to 30% of the
re uired lantin2 area.
*For buildings over 25' in height
Minimum planting area depth: 4-5! 10' minimum 15' avers e
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ORDINANCE 2010- 008
Minimum planting material required:
* I canopy tree (including palms credited as canopy
Building Height Foundation Planting Strip Depth'
lEgENJ for every 7 lineal feet o f fe r -e planting str-i ra
height 16' eaeh may
palms with of
tibstittite for- eae eanopy tfee) 150 sq. ft. of required
foundation planting area. Palms shall have an average
clear trunk of 14 feet or 2reater.
* 1 understory tree (or two 42" non-native/36" native
shrubs) for every 20 lineal feet o f ,-o rod „'antro"
300 s . ftof re uired Plantin area.
*1.5 shrubs for every 10 square feet of required planting
area
*Ground cover, flowering plants or sod in the remaining
planting area, sod shall be limited to 30% of the
re uired plantina area.
b. The following modifications are allowed upon approval from the community
development director or his designee:
Foundation planting strips may be located away from buildings to
adiacent, nearby areas to avoid conflicts with architectural features
(e.g., roof overhangs, awnings), driveways, and vehicular areas serving
drive -up windows.
2. The depth of foundation planting strips may be modified if the overall
minimum area covered by the proposed foundation plantings proposed
meets or exceeds the area encompassed by a typical layout.
3. Foundation planting areas may be concentrated in one or more
areas of the building perimeter, if warranted based upon site
constraints or building and site design characteristics. Planting
areas shall be provided where the building is most visible from
adjacent roadways and on-site areas used by the public.
SECTION #4
Section 911.21(3)(1), Roseland Corridor foundation planting requirements, is hereby amended to read
as follows:
(1) Foundation plantings. Foundation plantings shall be required as stated below for buildings in
commercial and industrial areas and for businesses allowed in residential areas. Reference
section 911.21(b)3 and 6 regarding exemptions for historic buildings and resources.
1. Along the front, sides and rear of buildings, the following foundation planting landscape strips
shall be provided in accordance with the building height:
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Building Height Foundation Planting Strip Depth'
Up to 12' hi h 5Ldepth 5' averse 3' minimum dimension
12' to 25' hi h 44Ldepth 10' averse 6' minimum dimension
Over 25' hi h 45Ldepth 15' averse 10' minimum dimension
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ORDINANCE 2010- 008
'A disc Depth shall be measured perpendicular to the building, from the
foundation outward. Consistent with the requirements below, greater depths may
be required where canopy, palm, and understory trees are planted within the
foundation planting strip.
2. At planting, the minimum separation distance from building facades or walls shall be
seven (7) feet to canopy trees and five (5) feet to understory trees and palms. At
Planting, the minimum separation distance from sidewalks shall be six (6) feet to canopy
trees and three (3) feet to understory trees and palms, and shall be three (3) feet from
parking spaces to canopy trees, understory trees, and palms. Separation distances shall
be measured from the trunk to the nearest building, wall, sidewalk, or parking space.
a. Exception: narrow, upright canopy tree species, such as varieties of cypress and holly,
may be located the same distance from buildings, walls, and sidewalks as understory trees and palms.
b. Where a magnolia or other canopy tree (not including a narrow species such as a
cypress or holly) is used in a foundation planting area, the planting area shall have a minimum depth
of ten (10) feet measured from the building.
23. Within such foundation planting landscape strips, the following landscaping shall be
provided;
a. Forty (40) percent of the foundation perimeter (excluding entranceways and overhead doors)
along all building faces shall be landscaped, as follows:
*For buildings up to 12' in height
Minimum planting area depth:
5'3' minimum avers a 5'
Minimum plant material required:
*I palm tree or appropriate canopy tree for every 10 lineal feet
of plantingstfip (clustered) 100 sg. ft. of required
foundation planting area. Where an appropriate canopy
tree (conventional or narrow species) is used, the canopy
tree may count for 2 palms.
* 1 understory tree (or two 42" non-native/36" native
shrubs) for every 300
sq. ft. of required Vlantin2 area.
* 1.5 shrubs (minimum shrub height 1211) for every 10 square
feet of required planting area
*Ground cover, flowering plants or sod in the remaining
planting area; sod shall be limited to 30% of the required
lantin area.
*For buildings of 12' to 25' in height
Minimum planting area depth:
4-A' 6' minimum avers a 10'
Minimum planting material required:
* 1 canopy tree (including palms credited as canopy trees)
for every 10 lineal feet o f r -e , ir-ea planting strip « ..,.,lms .
height >, be for- o
of12eu may „,,suttee e
eanopy tree) 150 sg. ft. of required foundation planting
area.
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ORDINANCE 2010- 008
b. The following modifications are allowed upon approval from the community
development director or his designee:
1. Foundation planting strips may be located away from buildings to
adjacent, nearby areas to avoid conflicts with architectural features
(e.g., roof overhangs, awnings), driveways, and vehicular areas serving
drive -up windows.
2. The depth of foundation planting strips may be modified if the overall
minimum area covered by the proposed foundation plantings proposed
meets or exceeds the area encompassed by a typical layout.
3. Foundation planting areas may be concentrated in one or more
areas of the building perimeter, if warranted based upon site
constraints or building and site design
SECTION #5
Section 911.22(5)(e), Other Corridors foundation planting requirements, is hereby amended to read as
follows:
(5) Landscaping. The countywide landscaping requirements of LDR Chapter 926 shall apply
except as noted herein.
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*1 understory tree (or two 42" non-native/36"
native
shrubs) for every 20 lineal feet „f,.equir-ed planting st,-i-P
300
s . ft. of required planting area.
* 1.5 shrubs for every 10 square feet of required plantin
area
*Ground cover, flowering plants or sod in the remaining
planting area; sod shall be limited to 30% of the required
planting area.
*For buildings over 25' in height
Minimum planting area depth:
-lam 10' minimum 15' avers e
Minimum plant material required:
* 1 canopy tree (including palms credited as canopy
trees)
for every 7 lineal feet o f -o,, ir-ea planting strip (3 palms
height 66eaeh .,, be substituted for-
eaeh
eanopy tree) 150 sg. ft. of required foundation planting
area. Palms shall have an average clear trunk of 14 feet or
reater.
*1 understory tree (or two 42" non-native/36"
native
shrubs) for every 20 lineal feet o f ,.o"ir-ed planting strip
300
s . ft. of recluired planting area.
* 1.5 shrubs for every 10 square feet of required planting
area
*Ground cover, flowering plants or sod in the remaining
planting area; sod shall be limited to 30% of the required
plantinu area.
b. The following modifications are allowed upon approval from the community
development director or his designee:
1. Foundation planting strips may be located away from buildings to
adjacent, nearby areas to avoid conflicts with architectural features
(e.g., roof overhangs, awnings), driveways, and vehicular areas serving
drive -up windows.
2. The depth of foundation planting strips may be modified if the overall
minimum area covered by the proposed foundation plantings proposed
meets or exceeds the area encompassed by a typical layout.
3. Foundation planting areas may be concentrated in one or more
areas of the building perimeter, if warranted based upon site
constraints or building and site design
SECTION #5
Section 911.22(5)(e), Other Corridors foundation planting requirements, is hereby amended to read as
follows:
(5) Landscaping. The countywide landscaping requirements of LDR Chapter 926 shall apply
except as noted herein.
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ORDINANCE 2010- 008
(e) Foundation plantings. Foundation plantings shall be required as stated below for buildings in
commercial and industrial areas and for businesses allowed in residential areas. noir
€For industrial and storage buildings located in the CH, IL, and IG zoning districts, however,
foundation planting strips shall be exempted for sides of buildings not fronting on a
residentially designated area, or public road. In addition, industrially zoned manufacturing
uses in the 98th Avenue manufacturing district and historic buildings and resources are
exempt from foundation planting requirements to the extent provided for in section
911.19(3)(a)5. and 6. of this ordinance.
Along the front, sides and rear of buildings, the following foundation planting landscape strips
shall be provided in accordance with the building height:
Building Height
Foundation Planting
Strip De th
Up to 12' hi h
5Ldepth 5' average,
3' minimum dimension
12' to 25' hi h
IOLdepth 10' average,
6' minimum dimension
Over 25' hi h
15' average,
10' minimum dimension
'A ee Depth shall be measured perpendicular to the building, from the
foundation outward. The required combined depth of the thoroughfare plan road
buffer and the foundation planting strip on any site shall not exceed ten (10) percent of
the depth of the site, measured perpendicular to the thoroughfare plan road.
Consistent with the reauirements below, greater depths may be required where
canonv. halm, and understory trees are planted within the foundation planting
strip.
2. At planting, the minimum separation distance from building facades or walls shall be
seven (7) feet to canopy trees and five (5) feet to understory trees and palms. At
planting, the minimum separation distance from sidewalks shall be six (6) feet to canopy
trees and three (3) feet to understory trees and palms, and shall be three (3) feet from
parking spaces to canopy trees, understory trees, and palms. Separation distances shall
be measured from the trunk to the nearest building, wall, sidewalk, or parking space.
a. Exception: narrow, upright canopy tree species, such as varieties of cypress and holly,
may be located the same distance from buildings, walls, and sidewalks as understory trees and palms.
b. Where a magnolia or other canopy tree (not including a narrow species such as a
cypress or holly) is used in a foundation planting area, the planting area shall have a minimum depth
of ten (10) feet measured from the building.
23. Within such foundation planting landscape strips, the following landscaping shall be
provided:
a. Forty (40) percent of the foundation perimeter (excluding entranceways and overhead doors)
along all building faces shall be landscaped, as follows:
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ORDINANCE 2010- 008
*For buildings up to 12' in height
Minimum planting area depth:
-5'31 minimum avera a 5'
Minimum plant material required:
*1 palm tree or appropriate canopy tree for every 10 lineal feet
100 sq. ft. of required foundation
planting area. Where an appropriate canopy tree
(conventional or narrow species) is used, the canopy tree
mav count for 2 Palms.
*1 understory tree (or two 42" non-native/36" native shrubs)
for every 20 lineal feet o f ro ,.od planting "+"'" 300 sq. ft. of
re uired planting area.
*1.5 shrubs (minimum shrub height 12") for every 10 square
feet of required planting area
*Ground cover, flowering plants or sod in the remaining
planting area; sod shall be limited to 30% of the required
lantin area.
*For buildings of 12' to 25' in height
Minimum planting area depth:
4-0! 6' minimum (average 10'
Minimum planting material required:
*I canopy tree (including palms credited as canopy trees) for
every 10 lineal feet of . ,-ed planting stfip (2 palms with
tfee)150 scl. ft. of required foundation planting area.
*1 understory tree (or two 42" non-native/36" native shrubs)
for every 20 lineal f of ofr rod planting "+"'" 300 sq. ft. of
required planting area.
* 1.5 shrubs for every 10 square feet of required planting area
*Ground cover, flowering plants or sod in the remaining
planting area; sod shall be limited to 30% of the required
planting area.
*For buildings over 25' in height
Minimum planting area depth:
4-5' 10' minimum 15' avera e
Minimum plant material required:
*1 canopy tree (including palms credited as canopy trees) for
every 7 lineal feet fr-equir-ed planting stfip (3 palms with
height 16' be for- eaeh "r),
Fflinifnuffl of eaeh may substittited
tfe-e) 150 sg. ft. of required foundation planting area. Palms
shall have an avera a clear trunk of 14 feet or greater.
* 1 understory tree (or two 42" non-native/36" native shrubs)
for every 20 lineal feet of "eod planting "t" 300 sq. ft. of
required planting area,
* 1.5 shrubs for every 10 square feet of required planting area
*Ground cover, flowering plants or sod in the remaining
planting area; sod shall be limited to 30% of the required
lantin area.
The following modifications are allowed upon approval from the community
development director or his designee:
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ORDINANCE 2010- 008
1. Foundation planting strips may be located away from buildings to
adiacent, nearby areas to avoid conflicts with architectural features
(e.g., roof overhangs, awnings), driveways, and vehicular areas serving
drive -up windows.
2. The depth of foundation planting strips may be modified if the overall
minimum area covered by the proposed foundation plantings proposed
meets or exceeds the area encompassed by a typical layout.
3. Foundation planting areas may be concentrated in one or more
areas of the building perimeter, if warranted based upon site
constraints or building and site design characteristics. Planting
areas shall be provided where the building is most visible from
adiacent roadways and on-site areas used by the public.
(f) Increased foundation plantings for "blank facade" building faces. As referenced in the
architectural/building standards seefien of this plan, of these corridor regulations, "blank
facade" building faces that are unarticulated are allowed if foundation plantings are provided
as specified above with a one hundred (100) percent increase (doubling) in required plant
material quantities (as specified above).
(See Figure F-7 through F-10 at the end of section 911.19)
SECTION #6:
Section 926.06(1), Landscape quality standards, are hereby amended to read as follows:
(1) Quality. Plant materials used in conformance with the provisions of this chapter shall conform
to the Standards for Florida No. 1 or better, unless specifically excepted below, as given in the most current
edition of "Grades and Standards for Nursery Plants" Part I and Part II, State of Florida, Department of
Agriculture, Tallahassee, or equal thereto. A canopy tree may be deemed to meet Florida No. 1
standards if the main leader splits into no more than two (2) leaders at or above a height of ten (10)
feet Palms shall have a full, healthy head and shall not be excessively pruned. Grass sod shall be clean
and free of weeds and noxious pests or diseases. Grass seeds shall be delivered to the job site in bags with
Florida Department of Agriculture tags attached, indicating the seed grower's compliance with the
department's quality control program. Plant materials which are known to be intolerant of paving
environments, or whose physical characteristics may be injurious to the public, shall not be specified for use.
(a) County -acceptable Florida No. 21 or better required canopy trees may be used around
water bodies and stormwater areas, within park and common green space areas, around
and within conservation or preservation areas, and within rear yard and side yard
buffers where the buffer depth is greater than or equal to forty (40) feet. In no instance
shall a required canopy tree that is less than Florida No. 1 be installed closer than
twenty-five (25) feet to the nearest building, driveway, street, or parking area.
IA "County -acceptable Florida No. 2 canopy tree" shall mean a Florida No. 2 tree with no
distorted or lop -sided crown, no split leader below 81, no more than two leaders below 12', and
no split leader below 12' with a degree of separation that exceeds thirty (30) degrees.
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ORDINANCE 2010- 008
SECTION #7:
Sections 926.06(3), Landscape size, spacing, and credits standards, are hereby amended to read as
follows:
(3) Trees.
(a) Canopy trees.
Canopy trees, except for narrow canopy tree species identified under
926.06(3)(d)l.b, below, shall be species having an average mature crown spread of
greater than fifteen (15) feet (under local climatic conditions) and having a trunk(s)
with over five (5) feet of clear wood. "Clear wood" refers to that portion of the trunk
between the ground and the lowest lateral limbs.
2. All new canopy trees shall be planted in a planting area of at least one hundred forty-
four (144) square feet, with minimum dimensions being at least twelve (12) feet in any
direction. Larger areas may be required by the community development director or his
designee for newly planted or existing trees to be preserved, as required by Chapter
927, Tree Protection.
3. Clusters of palms, such as sabal palms, may be used as canopy trees provided that a
minimum of three (3) palms are clustered to equal one (1) canopy tree. Clusters of
palms and specimen palms (specified below), if used, shall consist of no more than
one-third of the total canopy tree requirement.
a A multi -trunk palm may be substituted for one (1) canopy tree provided
that the total height of the combined clear trunks (ground to lowest frond,
measured along the truck) is a minimum of eighteen (18) feet.
b. A Canary Island date palm, Sylvester palm, or Bismark palm with a clear
trunk of at least two (2) feet and an overall height of at least twelve (12)
feet may count as 1 canopy tree. Such a palm may count as 2 canopy trees
if it has a clear trunk of at least eight (8) feet and an overall height of at
least eighteen (18) feet.
A palm of the Roystonea genus with a minimum clear trunk of ten
feet may be counted as one (1) canopy tree.
4 Minimum canopy tree spacing shall be provided as follows:
a Between full canopy trees (e.g. oak, pine, bay): 25'.
b Between narrow canopy tree varieties (e.g. cypress and holly) not
including magnolia: 15'.
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ORDINANCE 2010- 008
C. Between full canopy trees and narrow canopy tree varieties (e.g. cypress
and holly) not including magnolia: 20'.
(b) Trees having an average mature crown spread less than fifteen (15) feet may be substituted by
grouping the same so as to create the equivalent of a fifteen -foot crown spread.
(c) Understory trees shall be species defined as medium or small trees having a mature crown
spread of fifteen (15) feet or less.
(d) Tree sizes:
1. Required canopy trees shall be a minimum of twelve (12) feet overall in height and
two (2) inch diameter at 0.5 feet above grade with a minimum crown spread of six-�
four and one-half (4.5) feet, at the time of planting, except as follows:
a.
minimufn ftwelve (12) feet over-all in height, minimum t„ (2) , eh d oto
at 0.5 feet abeve grade, and six (6) feet mi i ad at the tifne e
Planting. When palm eluster-s are used, the ten t -Afid ;Bve.1ve feet Hiiaimum
shall be pfevided as eleaf weed, father- than an ever -all tree height. Unless
otherwise specified in (3)(a) above, palms used toward canopy tree credit
shall have a minimum clear trunk (ground to lowest frond, measured
along the trunk) of ten (10) feet. Where an arrangement of such palms
with varying heights between six (6) feet clear trunk and eighteen (18) feet
clear trunk is proposed and the average clear trunk of the arrangement is
ten (10) feet, each palm in the arrangement shall count as one 10' clear
trunk palm for tree canopy requirement purposes.
b Narrow, upright canopy tree species, such as varieties of cypress, holly,
and magnolia, shall have a minimum spread of 3.5 feet at 3 feet above
ground level.
be. Where a building between twelve (12) feet and twenty-five (25) feet in height
is proposed to be located within fifty (50) feet of a perimeter property line that
separates the development_ proiect from an abutting residential use
located outside the proiect, canopy trees within required buffers (Types A -C)
located between the building and a site perimeter shall be a minimum of fifteen
(15) feet in height with a three-inch diameter at 0.5 feet above grade at planting
and a minimum six-foot spread. Where a building between twelve (12) feet and
twenty-five (25) feet in height is proposed more than fifty (50) feet from a
perimeter, the canopy tree height requirements of (d)1., above, shall apply to
canopy trees within the buffer.
ed. Where a building over twenty-five (25) feet in height is proposed to be located
within seventy (70) feet of a perimeter property line that separates the
development from an abutting residential use located outside the proiect,
all canopy trees within required buffers (Types A -C) located between the
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ORDINANCE 2010- 008
building and a site perimeter shall be a minimum of sixteen (16) feet in height
with a three-inch diameter at 0.5 feet above grade and a minimum eight -foot
spread at planting. Where a building over twenty-five (25) feet in height is
proposed more than seventy (70) feet from a perimeter, the canopy tree height
requirements of (d) 1., above, shall apply to canopy trees within the buffer.
2. Required understory trees shall be a minimum of six (6) feet overall in height and one -
and -a -half (1.5) inches diameter at 0.5 feet above grade; at the time of planting. Multi -
trunk trees shall have a combined one -and -a -half (1.5) inch caliper for all trunks at six
(6) inches above grade. Palm trees used as understory trees shall have a minimum
overall height of six (6) feet and shall not comprise more than one-third of the
total understory tree requirement.
(e) The number of different species of trees, other than palms, shall be as follows:
Table 1
Required Number of Trees
Minimum Number of Species
2--10
2
11--20
3
21--30
4
31--40
5
41 --Over
6
For sites or parcels located in a sand ridge or xeric scrub environment as determined by
county environmental planning staff, a minimum of three (3) species shall be required,
regardless of the required number of trees. Such trees shall be indigenous to, and tolerant of,
sand ridge or xeric scrub conditions.
(f) At least fifty (50) percent of all required canopy trees, understory trees, and palms shall be a
native species as listed in Appendix A.
(g) Trees in proximity to public works or easements. Trees of a species whose roots are known to
cause damage to sidewalks, roads, or driveways shall not be planted closer than six (6) feet to
such structures unless a tree root system barrier, approved by the public works director or his
designee, is provided that protects the structure(s) from damage by the root system. Said root
barrier, where required, shall be installed prior to issuance of a certificate of occupancy or
certificate of completion.
(h) Prohibited trees. The installation of any of the species listed in Appendix B is prohibited.
(i) Credits for the use of newly planted trees larger than the minimum size wi44 shall be as
indicated in Table 2. Fractional measurements shall be attributed to the next lowest category.
These efedits shall not apply to See Table 3 regarding credits for trees pre-existing or
relocated on-site.
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ORDINANCE 2010- 008
Table 2
Gr-ewfl
an
Diameter
and
Height of Tree At
=
No. of Tree
and
Crown Spread
At Time of
Sinead
d
20 to 29 feet
or S 7 to 12 inches
Time of Planting
2 4
Credits
or 24e-7 3 to 6 inches
At Time
1 2
Less tha 6 to 10 feet
or less than 2 or more
inches
=
01
Planting
Of
44 --of
an
6 inch at 1 foot
and
2-518 feet and
=
4
and
14 or more
more
d
above grade
above
feet
10-- 6
an
4 inch at 0.5 feet
and
19 2415-18 feet
=
3
and
10--16 feet
feet
d
1 foot above
rade
an
3 inch at 0.5 feet
and
X712-15 feet
=
2
and
6--12 feet
d
above grade
SECTION #8:
Section 926.06(8), Walls, is hereby amended to read as follows:
(8) Walls. The wall articulation and wildlife opening requirements stated in Chapter
913.09(9)(C)(4) shall apply to all walls provided in perimeter buffers and landscape areas. In addition, no
required canopy tree shall be installed closer than seven (7) feet to any wall (excluding a short
retaining wall), and no palm or understory tree shall be installed closer than five (5) feet to any wall
(excluding a short retaining wall) Exception: narrow, upright canopy tree species, such as varieties of
cypress, holly, and magnolia, may be located the same as understory trees and palms.
SECTION #9:
Section 926.07(2), Landscape point system and tree preservation credits, is hereby amended to read as
follows:
(2) Tree preservation credits.
(a) Existing trees preserved or re -located on site that have been determined to be in good health
by a certified arborist or by county environmental planning staff may be credited towards the
minimum tree planting requirements of this chapter according to the following table.
Fractional measurements shall be attributed to the next lowest category.
Table 3
Calculation of Tree Preservation Credits
Existing Crown Spread of
Preserved Trees
or Diameter of Tree at 4.5
Feet Above Ground
=
Number of Tree Credits
40 feet or more
or 20 inches or more
=
48
30 to 39 feet
or 13 to 19 inches
=
-3 6
20 to 29 feet
or S 7 to 12 inches
=
2 4
10 to 19 feet
or 24e-7 3 to 6 inches
=
1 2
Less tha 6 to 10 feet
or less than 2 or more
inches
=
01
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ORDINANCE 2010- 008
(b) Protected trees re -located from approved building footprint areas to other areas of the
same development site may count toward Chapter 926 landscaping requirements and
Chapter 927 tree mitigation requirements.
(bc) Trees excluded from preservation credit. No credit shall be given for preserved trees which
are:
Not located within the area of the property (e.g., buffer area, parking lot) for which
trees are required by this chapter;
2. Required to be preserved by law, such as mangroves;
Not properly protected from damage during the construction process, as provided for
in Chapter 927, Tree Protection;
4. Prohibited or controlled species identified in section 926.06(3)(h);
Dead, dying, diseased, or infested with harmful insects; or
6. Located in on golf courses, in conservation/preservation areas, or in similar
subareas de-ve- ^pnients which are not intended for residential, commercial, or
industrial use and which are exempted from non -vehicular open space
landscaping requirements.
SECTION #10:
Section 926.09(1), Landscape along roadways, is hereby amended to read as follows:
(1) Required landscaping adjacent to rights-of-way.
(a) A landscape buffer shall be provided along the entire length of a site's frontage(excluding
driveways) upon a thoroughfare plan road, local road or exclusive driveway (as defined in the traffic
ordinance) For purposes of calculating trees required within the buffer, 30' of frontage for each free-
standin2 sign located along the frontage shall be exempt from canopy and understory tree
requirements. Within the buffer, the following landscaping shall be provided:
Street
Minimum Width
Minimum Plantings Per 100 Lineal Feet
Canopy Trees
Understory Trees -
Shrubs
Thoroughfare Plan
Road, Local Road
15 ft.
4.5
5.5
50
20 ft.
4
5
50
Exclusive Driveway
10 ft.
3.3
6.6
40
' In locations where understory trees conflict with existing canopy, two 42" non-native/36" native
shrubs may be substituted for 1 understory tree.
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Project sites with a depth from a thoroughfare plan road of four hundred (400) feet or less
shall have a minimum buffer depth of fifteen (15) feet. Sites with a depth over four hundred
(400) feet shall have a minimum buffer depth of twenty (20) feet. The required depth of the
thoroughfare plan road/local road buffer on any site shall not exceed ten (10) percent of the
depth of the site, measured perpendicular to the thoroughfare plan road. In such cases where
the roadway buffer depth is reduced, the required amount of plant material may also be
reduced on a prorated basis.
(b) A four (4) -foot high visual screen is required between any project site parking area and any
adjacent roadway or exclusive driveway. This visual screen may consist of a berm with shrubs
planted across the top in either an offset double row or a serpentine pattern, or a four -foot
vegetative screen. The visual screen must be at least four feet high above the grade of the
project site parking area or adjacent roadway, whichever elevation is lower, and must be
installed prior to the issuance of a certificate of occupancy (CO). In no case shall the visual
screen be less than 2.5 feet above the project parking area grade.
Shrubs shall be planted on twenty-four (24) -to -thirty (30) inch centers. Berms if used shall
have a slope no steeper than three (3) horizontal to one vertical, with a four -foot plateau.
Berm modifications may be necessary for tree preservation as determined by the community
development director or his designee.
To provide a less formal appearance, clustering trees along the buffer strip is encouraged and
uniform spacing of trees is discouraged, except where used to emphasize a particular planting
theme or development style.
SECTION #11:
Section 926.12(2)(d), Installation and Maintenance pruning standards, is hereby amended to read as
follows:
(d) Pruning techniques that are unhealthy for or produce an unnatural appearance to of a tree or
native palm are prohibited. Such prohibited techniques include excessive topping, over -
lifting, hat -racking,, lolly -popping, and excessive removal of green fronds and inflorescences,
among others. Topping of trees is prohibited except where necessary to mitigate conflicts
with powerlines or other structures and performed to the minimum extent necessary to
provide adequate mitigation.
1 Standards for acceptable pruning practices. The following pruning standards are
intended to ensure avoidance of prohibited pruning techniques and to promote
strong, health, and attractive trees.
a Crown thinning Crown thinning may be used as a method of pruning to
increase light penetration and air movement through the crown of a tree.
Crown thinning shall consist of selective removal of branches that:
• Favors (retains) branches with strong, U-shaped angles of attachment.
• Removes branches with weak, V-shaped angles of attachment and/or
included (ingrown) bark.
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ORDINANCE 2010- 008
• Results in evenly spaced lateral branches, especially on young trees.
• Removes branches that rub or cross another branch.
• Results in lateral branches that are no more than 50% to 75% of the
diameter of the leader or main stem.
• Results in no more than 25% of the living crown of a tree removed
through pruning.
b. Crown raising. Crown raising may be used as a method of pruning to provide
clearance for pedestrians, vehicles, buildings, lines of sight, and vistas. Crown
raising shall consist of removal of lower branches that:
• Maintains live branches on at least 60% of the tree's total height.
• Removes basal shoots (sprouts) and vigorous epicormic sprouts.
• Results in no more than 25% of the living crown of a tree to be
removed through pruning.
INSERT EXHIBIT "A" GRAPHICS AT END OF CHAPTER 926 AS AN ADDITION TO EXISTING
END OF CHAPTER GRAPHICS
SECTION #12:
Section 927.11(1)(d)3, Application procedure and fees, is hereby amended to read as follows:
3. Provide for mitigation of healthy protected and specimen hardwood trees greater than
twelve (12) inches dbh (other than cabbage palms) and cabbage palms with ten (10)
feet or more of clear trunk that are proposed for removal. The applicable mitigation
ratio shall be two (2) inches dbh of replacement trees for every one -inch dbh of tree
destroyed; the replacement trees must be of the same species genus as the trees
removed and must be at least Leh three (3) inch caliper at 1 foot above grade
level at time of planting. Protected trees re -located from approved building
footprint areas to other areas of the same development site may count toward
Chapter 927 tree mitigation requirements and Chapter 926 landscaping
requirements.
a. When the property being developed is not appropriate for on-site mitigation,
the applicant may relocate mitigation trees off site onto public lands in the
county or to alternative publicly owned sites. No off-site mitigation shall be
approved unless the applicant obtains written permission from the appropriate
public entity to implement the necessary replanting plan.
b. If the mitigation trees do not survive for a period of at least three (3) years after
initial planting or relocation, the applicant shall be required to replace the dead
mitigation trees with trees at least fiaiir- ineh three (3) inch caliper in an
amount to meet the two (2) inches dbh for every one -inch dbh ratio
requirement of the initial tree protection plan.
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C. When relocating greater than twelve -inch dbh hardwood trees and/or replacing
said trees at a 2:1 dbh ratio are determined by the environmental planner not to
be viable alternatives, a fee -in -lieu of mitigation of one hundred dollars
($100.00) per inch dbh of the tree to be removed shall be assessed as a last
alternative. This fee shall be payable to the county prior to the issuance of a
tree removal permit. Assessed fees under this provision shall be used by the
county for native re -vegetation of restoration areas on public conservation
lands; for relocating trees or for planting trees on public -controlled lands; for
nuisance invasive plant eradication; or for other similar uses that enhance
native tree and native vegetation protection and restoration in unincorporated
Indian River County.
SECTION #13: 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 #14: 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 #15: 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 #16: EFFECTIVE DATE.
This Ordinance shall take effect upon filing with the Department of State.
This ordinance was advertised in the Press -Journal on the 8th day of March 2010, for
a public hearing to be held on the 23 day of March , 2010, at which time it was moved for
adoption by Commissioner F1 escher , seconded by Commissioner Davis and
adopted by the following vote:
Chairman Peter D. O'Bryan
Vice Chairman Bob Solari
Commissioner Wesley S. Davis
Commissioner Joseph E. Flescher
Aye
Aye
Aye
Aye
Commissioner Gary Wheeler Aye
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY
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ORDINANCE 2010- 008
BY: �J
Peter D. O'Bryan, Chairman
ATTEST BY:
Je rey K. Barton, Clerk
This ordinance was filed with the Department of State on the following date:
APPROVED AS TO FORM AND LEGAL SUFFICIENCY
,rc/ William G. Collins II, County Attorney
APPROVED AS TO PLANNING MATTERS
Robert M. Keating, AICf ; Com ty Development Director
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VAA
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3
ot Acceptable
Not Acceptable