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Home My WebLink About2012-013ORDINANCE 2012-013 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA CONCERNING AMENDMENTS TO ITS LAND DEVELOPMENT REGULATIONS (LDRs); PROVIDING FOR AMENDMENTS TO CHAPTER 901, DEFINITIONS, BY AMENDING DEFINITIONS IN ALPHABETICAL ORDER IN SECTION 901.03, 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, BE AMENDED AS FOLLOWS: SECTION #1: Certain definitions, in alphabetical order, section 901.03 are hereby amended to read as follows: .errse+e�� Fief WN MW INS "MINT! Cemetery land used or intended to be used for the burial of the dead and dedicated for cemetery purposes, including columbariums, crematories, mausoleums, and mortuaries when operated in conjunction with and within the boundaries of such cemetery. Cemetery shall also mean pet cemetery. Community center a publically or privately owned place, structure, area, or other facility used for and providing r-eligieos, €r-aternal, social programs, anEtle recreational programs, and/or a meeting place generally open to the public and designed to accommodate and serve significant segments of the community. Demolition debris site property used to handle, separate, process, or recycle construction or demolition debris generated from other properties. For purposes of this definition, "construction or demolition debris" shall include unsorted. remnant materials from construction sites and fragmented or broken material from demolition proiects. eked by speeial tfade eentraetar-s pr-ifnar-ily engaged in the %Teeking and demolition of buildings and ethef struetures. The demolition debris site operation may or may not entail the selling of material derived from construction and demolition debris. Dude ranch a commercial resort for paving guests offering overnight stays and ranch -related activities such as horseback riding, camping, and similar outdoor activities. Floor area, gross the sum of the total horizontal areas of sever -a! fleers of all enclosed and accessible building areas providing structural headroom of six feet six inches W 6") or more' ;-dings en a let, measured from the exterior faces of the exterior walls that enclose the building area. The gross floor area shall include habitable basements ace; elevator shafts; stairwellsi � eaeh stef� , floor space used for mechanical equipments Nvith st e el headroom e€-sirr (6) feet, six «` inehes or melee, penthouses; habitable attic space, , «' feet, six (6) metes or f.. er-e; interior balconies; and mezzanines; and enclosed garage space. Bold Underline: Additions to Ordinance 1 S'f'4m, z.,FOUgh:: Deleted Text from Existing Ordinance C:\Documents and Settings\tlister\Local Settings\Temporary Internet Files\Content.Outlook\QPA7-MTU8\2012-013 901 Detinitions.doc ORDINANCE 2012-013 Hotel/motel and lodging facilities any building or groups of buildings containing sleeping room accommodations for guests and prnvid bthe seFviees gen rally pfeyided--by a hotel—of motel arr� feeognized as a hotel of metel in the eefafntmity in whieh it is situa4ed, OF by the , and offering daily or weekly rates, with a bath or connecting bath for every rental unit, and occupied only by transient guests. A separate definition is provided for "Bed and breakfast". It is the intent of this section that anresidential dwelling unit offered sueh stfuet•ur-e off _ing ti,;a4ie Y � Vl��n-.�nr�n-�rs for rent or lease for less than a month at a time shall not be considered a hotel-of/motel or lodging facility. Also see ." Hunting and rshing lodge a commercial lodging facility for paving guests offering overnight stays and use of or access to hunting and/or fishing areas. Junk vehicle any automobile, truck, tractor, motorcycle, boat, trailer, swamp buggy, demolition derby car, race car, golf cart, or other vehicle which is inoperable or not registered as required by law.; Any suchr-evided that sue vehicle, trailer or semi -trailer shall be presumed to be a junk vehicle if no license plates afe is displayed= or if the license plate displayed lie has been invalid for more than sixty (60) days. In the case of vehicles not requiring license plates, the vehicle shall be presumed to be a funk vehicle if the vehicle is inoperable for a period of more than sixtv (60) days. In cases where the determination of a junk vehicle is under dispute, the vehicle owner shall have the opportunity to prove the vehicle is not a junk vehicle by: 1. Demonstrating to a county enforcement official, within ten (10) days of notification, that the vehicle is operable and road -worthy, (ref. Chapter 316.215, F.S. pertaining to state traffic laws), including proof of current vehicle registration if registration of the vehicle is required by law; or 2. Providing a notarized statement from a qualified mechanic that the vehicle can be restored to operable condition for less than thirty (30) percent of the current value of the vehicle, provided such restoration occurs within thirty (30) days of notification by a county enforcement official. Bold Underline: Additions to Ordinance 2 Stfike thFOHgh+ Deleted Text from Existing Ordinance C:\Documents and Settings\tlister\Local Settings\Temporary Internet Files\Content.Outlook\QPAZMTU8\2012-013 901 Definitions.doc (4) A eefitf l .� a a VVLi Ll LLl V111VV Vll offiee e L11V rJl VrlV o the.. pef4 ,..it s ,hied t.oufs ofepe-a4i„„. a , , Also see "hotel." Hunting and rshing lodge a commercial lodging facility for paving guests offering overnight stays and use of or access to hunting and/or fishing areas. Junk vehicle any automobile, truck, tractor, motorcycle, boat, trailer, swamp buggy, demolition derby car, race car, golf cart, or other vehicle which is inoperable or not registered as required by law.; Any suchr-evided that sue vehicle, trailer or semi -trailer shall be presumed to be a junk vehicle if no license plates afe is displayed= or if the license plate displayed lie has been invalid for more than sixty (60) days. In the case of vehicles not requiring license plates, the vehicle shall be presumed to be a funk vehicle if the vehicle is inoperable for a period of more than sixtv (60) days. In cases where the determination of a junk vehicle is under dispute, the vehicle owner shall have the opportunity to prove the vehicle is not a junk vehicle by: 1. Demonstrating to a county enforcement official, within ten (10) days of notification, that the vehicle is operable and road -worthy, (ref. Chapter 316.215, F.S. pertaining to state traffic laws), including proof of current vehicle registration if registration of the vehicle is required by law; or 2. Providing a notarized statement from a qualified mechanic that the vehicle can be restored to operable condition for less than thirty (30) percent of the current value of the vehicle, provided such restoration occurs within thirty (30) days of notification by a county enforcement official. Bold Underline: Additions to Ordinance 2 Stfike thFOHgh+ Deleted Text from Existing Ordinance C:\Documents and Settings\tlister\Local Settings\Temporary Internet Files\Content.Outlook\QPAZMTU8\2012-013 901 Definitions.doc ORDINANCE 2012-013 The term "junk vehicle" shall net be deemed not to include a vehicles having histo -ie or m* quo value when saeh veh=eles afe stored in an enclosed structure= of any agr4etiltufal •ehieles st a abr.:, Junkyard (junk and salvage yard) the use of any land, building, or structure for the parking, storage, collection, processing, purchase, sale, disassembly, demolition, or abandonment of junk, including scrap metals or other scrap materials, waste paper, rags, used building materials, old household appliances, junked or otherwise inoperative vehicles or machinery or parts thereof, and other type of junk. See-alse uut�weeking , Large-scale bio -fuel Processing plant a facility that produces fuel from biological materials, including but not limited to vegetative material, where the area of development (includes plant equipment, processing areas, bio -fuel storage facilities, feedstock storage and staging areas, parking areas, and transport facilities) exceeds 20 acres. Recycling pkqW center a facility, that is not a junkyard and is not a demolition debris site, in which recoverable resources, such as newspapers, magazines, books, and other paper products; glass; metal eons materials; sorted building components such as doors and window frames; vegetation; and other products not including vehicles or boats, and vehicle parts, are separated, consolidated, recycled, reprocessed, and or treated to retufn make such materials into useable products or inputs available pr-edtfets to a .,a;t;on in whir-,hmayey , , +I,o., n h oa for production. Required yard the required setback, such as a front, side, or rear setback, applicable to a building or structure, measured from the building or structure to the lot line. Small-scale bio -fuel processing plant a facility that produces fuel from biological materials, including but not limited to vegetative material, where the area of development (includes plant equipment, processing areas, bio -fuel storage facilities, feedstock storage and staging areas, parking areas, and transport facilities) does not exceed 20 acres. SECTION #2: 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 #3: 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 #4: 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. Bold Underline: Additions to Ordinance 3 StfiW Nheegh: Deleted Text from Existing Ordinance C:\Documents and Settings\tlister\Local Settings\Temporary Internet Files\Content.Outlook\QPAZMTU8\2012-013 901 Definitions.doc ORDINANCE 2012- 013 SECTION #5: EFFECTIVE DATE This Ordinance shall take effect upon filing with the Department of State. This ordinance was advertised in the Press -Journal on the 9th day of June, 2012, for a public hearing to be held on the 19th day of June, 2012, and on the 30th day of June, 2012 for a second public hearing to be held on the 10th day of July, 2012, at which time it was moved for adoption by Commissioner O'Rryan , seconded by Commissioner Solari , and adopted by the following vote: Chairman Gary C. Wheeler Aye Vice Chairman Peter D. O'Bryan Aye Commissioner Bob Solari Aye Commissioner Wesley S. Davis Aye Commissioner Joseph E. Flescher Aye BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY MNNM•\SINN+ J��v COMM/ss. ' BY • f Gary C. 4eeler, Chairman 4•?�Nrp�•oQ•••• ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller RCOt1 4x4 NN tltlNtlM• / BY: Deputy Clerk This ordinance was filed with the Department of State on the following date: APPROVED AS TO FORM AND LEGAL SUFFICIENCY G1 Alan Polackwich, Sr., County Attorney APPROVED AS TO PLANNING MATTERS r Robert . Keating, AI P; mmunity evelopment Director Bold Underline: Additions to Ordinance StFikethf:otighi Deleted text Irom Existing Ordinance F:ACommunity DevelopmentVUsers\CUrDevAOrdinances\2012V7-10-12 BCC (PH2) LDRs\2012- 901 Definitions.doc 61