HomeMy WebLinkAbout2012-020ORDINANCE 2012-020
AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA CONCERNING AMENDMENTS
TO ITS LAND DEVELOPMENT REGULATIONS (LDRs); PROVIDING FOR AMENDMENTS
TO CHAPTER 971, REGULATIONS FOR SPECIFIC LAND USES, BY AMENDING
AGRICULTURAL USES SECTION 971.08; BY AMENDING COMMUNITY SERVICE USES
SECTION 971.14; BY AMENDING INDUSTRIAL USES SECTION 971.26; BY AMENDING
INDUSTRIAL USES, VERY HEAVY SECTION 971.27; BY AMENDING INSTITUTIONAL
USES SECTION 971.28; BY AMENDING RECREATIONAL USES SECTION 971.40; AND BY
AMENDING RESIDENTIAL USES SECTION 971.41; 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 971, REGULATIONS FOR SPECIFIC LAND USES, BE
AMENDED AS FOLLOWS:
SECTION #1:
Amend LDR Section 971.08(6), Fish farms, to read as follows:
(6) Fish farms, water -dependent plant and animal production (administrative permit:
no planning and zoning commission review or approval required if associated with a site plan
reviewed as an administrative approval or minor site plan).
(a) Districts requiring administrative permit approval, (pursuant to the provisions of
971.04): A-1 A-2 A-3.
(b) Additional information required.
1. A written narrative describing the method of production, materials used,
and characteristics of the overall operation.
2. Identification of the source(s) of potential nuisances (noise, lights, odor,
attraction of predators) associated with the proposed operation and
safeguards provided to mitigate potential nuisances. This information
shall be provided on the site plan drawings.
(bc) Criteria for fish farms and water -dependent plant and animal production:
1. No processing shall be allowed on-site;
2. Certification from state agencies must be obtained for all exotic species;
3. A fifty -foot setback shall be provided between structures and waterbodies
associated with the fish farm or water dependent production operation
and adiacent property boundaries. rn�e�=:r}3er�i—pep��
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4. Potential nuisances to adiacent properties, including noise, lights, a*d
odors, and attraction of predators, shall be addressed through project
design, mitigation, and/or limitations on activities that create potential
nuisances.
SECTION #2:
Amend LDR Section 971.08(7), Kennel or animal boarding place, commercial, to read as
follows:
(7) Kennel or animal boarding place, commercial (administrative permit).
(a) Districts requiring administrative permit approval, (pursuant to the provisions of
971.04): A-1 A-2 A-3 CG CH.
(b) Additional information requirements:
A complete site plan which includes floor plans and elevations for all
kennels, barns, exercise yards, animal pens, and related improvements shall
be provided, as well as the location of structures on adjacent properties;
2. A statement by the applicant on a form acceptable to the planning department
explainiffg identifying the types of animals to be treated a~a ger sheltered and
the method of supervising the animals when the animals are outdoors.
(c) Criteria for commercial animal boarding place or kennels:
Indoor facilities shall maintain a thirty-foot setback from adjacent properties.
Outdoor facilities such as dog runs must maintain a minimum of seventy-
five (75) feet separation distance from adjacent properties. Conditions may be
imposed to ensure adequate mitigation or attenuation of noise impacts;. Such
conditions may include improvements that block or absorb sound,
prohibitions or limitations on noisy animals and birds, and restrictions
on hours of operation;
2. All animal boarding facilities shall be enclosed by a security fence at least six
(6) feet in height;
3. No kennel shall be located on an agriculturally zoned The site met
abu4 any that abuts a residentially designated property having a r-esi en4ia
lana use design , or an agriculturally designated property having a
parcel size less than 200,000 square feet;
4. Any agriculturally zoned commercial kennel site shall have an area of at
least 200,000 square feet;
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5. Dogs kept overnight shall be kept completely within an enclosed building
from 10:00 pm — 6:00 am;
6. Animals shall be supervised by animal boarding or kennel staff when the
animals are outdoors.
SECTION #3:
Establish LDR Section 971.08(15), to read as follows:
(15) Small-scale bio -fuel processing plants (administrative permit: no planning and zoning
commission approval required; subiect to staff -level site plan approval).
(a) Districts requiring administrative permit approval (pursuant to the provisions
of 971.04): A-2 A-3
(b) District requiring special exception approval (pursuant to the provisions of
971.05): A-1
(c) Additional information requirements:
1. A water supply and water use plan.
2. Design and operations information, demonstrating compliance with
applicable air emissions, effluent discharge, NPDES, fuel containment,
fire safety regulations, and county noise regulations applicable to
agricultural areas.
3. A description of feedstock type, source, and quantities required for plant
operation; transport requirements; processing plant by-products and
waste management, and energy provisions (e.g. natural gas) for plant
processes.
4. Depiction of a haul route for trucks carrying processing plant feed stock,
bv-products, and fuel.
(d) Criteria for small-scale bio -fuel processing plants:
1. The processing plant site shall be located on property designated AG -1,
AG -2, or AG -3.
2. The processing plant area of development shall be located at least one
mile from the Urban Service Area boundary and at least three hundred
feet from the nearest property boundary.
a. A power generation facility associated with the small-scale bio -
fuel processing plant may be located as close as one hundred feet
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from the nearest high voltage powerline easement or right-of-way,
or from a collector or arterial road right-of-way if the facility is
screened from view of the collector or arterial roadway by a Type
"C" buffer or its equivalent.
3. The overall site containing the processing plant shall be 40 gross acres or
larger.
4. The plant equipment, processing areas, bio -fuel storage facilities,
feedstock storage and staging areas, parking areas, and transport
facilities shall occupy no more than 20 acres or 10% of the overall site
containing the processing plant, whichever is less.
5. No native upland habitat or forested wetlands shall be cleared or
removed in conjunction with development of the bio -fuel processing
plant and any associated power generation facility.
6. The applicant shall obtain approval from the Public Works Director for
the haul route. That approval may include conditions and guarantees
for haul route improvements and maintenance.
7. A power generation facility that is associated with the bio -fuel plant and
proiected to generate 50 megawatts of power or more shall be subiect to
the specific land use criteria and special exception process for "Public
and private utilities, heavy".
SECTION #4:
Establish LDR Section 971.08(16), to read as follows:
(16) Large-scale bio -fuel processing plants.
(a) Districts requiring special exception approval (pursuant to the provisions of
971.05): A-1 A-2 A-3
(b) Additional information requirements:
1. A water supply and water use plan together with a report signed and
sealed from a professional engineer or professional geologist
demonstrating that the proposed use will have no significant adverse off-
site impacts to groundwater, surface water, water table levels,
stormwater management systems, irrigation systems, or agricultural
operations.
2 Design and operations information, demonstrating compliance with
applicable air emissions, effluent discharge, NPDES, fuel containment,
fire safety regulations, and county noise regulations applicable to
agricultural areas.
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3. A description of feedstock type, source, and quantities required for plant
operation; transport requirements; processing plant by-products and
waste management, and energy provisions (e.g. natural gas) for plant
processes.
4. Depiction of a haul route for trucks carrying processing plant feed stock,
by-products, and fuel.
(c) Criteria for large-scale bio -fuel processing plants:
1. The processing plant site shall be located on property designated AG -1,
AG -2, or AG -3.
2. The processing plant area of development shall be located at least one
mile from the Urban Service Area boundary and at least six hundred
feet from the nearest property boundary.
a. A power generation facilitv associated with the large-scale bio -fuel
processing plant may be located as close as one hundred feet from
the nearest high voltage powerline easement or right-of-way, or
from a collector or arterial road right-of-way if the facility is
screened from view of the collector or arterial roadwav by a Type
"C" buffer or its equivalent.
3. The overall site containing the processing plant shall be 80 gross acres or
larger.
4. The processing plant area of development shall include but not be
limited to processing areas, bio -fuel storage facilities, feedstock storage
and staging areas, parking areas, and transport facilities, and shall
occupy no more than 20% of the overall site containing the processing
plant.
5. No native upland habitat or forested wetlands shall be cleared or
removed in conjunction with development of the plant and any
associated power generation facility.
6. The applicant shall obtain approval from the Public Works Director for
the haul route. That approval may include conditions and guarantees
for haul route improvements and maintenance.
7. Outdoor lighting of the processing plant and any associated power
generation facilities shall be shielded consistent with the county's light
shielding requirements for commercial corridors found in section
911.22(7)(e)4.
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8. A power generation facility that is associated with the bio -fuel plant and
proiected to generate 50 megawatts of power or more shall be subiect to
the specific land use criteria and special exception process for "Public
and private utilities, heavy".
SECTION #5:
Amend LDR Section 971.12(4), Self —service storage facilities (special exception), to read as
follows:
(4) Self-service storage facilities (special exception).
(a) District requiring special exception approval (pursuant to the provisions of 971.05):
CL.
(b) Additional information requirements:
1. A written statement from the applicant stating the following:
i. That no commercial activity, vehicular service or repair or storage of
hazardous materials shall be allowed and that this requirement will be
included in every tenant's lease agreement; and
ii. That only domestic and household goods or personal and
noncommercial goods will be kept or stored on the premises.
Both of these provisions will be set forth in appropriate and visible signage located
on the facility site.
2. A site plan meeting all of the requirements of Chapter 914.
(c) Criteria for self -storage facilities:
1. Storage unit interior areas shall not exceed ten (10) feet in height.
2. Storage units shall not exceed one hundred fifty (150) square feet in size.
3. Outdoor storage is prohibited.
4. All outdoor lights shall be shielded to direct light and glare only onto the self -
storage facility premises. Light and glare shall be defected, shaded and
focused away from all adjoining property and road rights-of-way.
5. Self-service storage facility sites shall not exceed three (3) acres in gross
area.
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6. Notwithstanding the applicable buffering requirements contained in section
911. 10, a Type B landscape buffer with six -ice foot opaque feature shall be
provided between all structures and adjacent properties zoned for single-
family residential use.
7. Building containing storage units shall not exceed ten thousand (10,000)
square feet in floor area each and shall not exceed one hundred thousand
(100,000) square feet of floor area for all buildings.
8. Access shall only be to arterial or collector roadways and in no case through
areas zoned for residential use.
9. No utilities (other than air conditioning) may be supplied to storage units.
10. Hours of operation shall be limited to between 6:00 a.m. and 8:00 p.m. Prior
to the issuance of a certificate of occupancy, the applicant shall provide
appropriate signage on the site stating the hours of operation of the facility.
11. Buildings may not exceed fifteen (15) feet in height.
SECTION #6:
Amend LDR Section 971.14(4)(c) and (d), educational facilities additional information
requirements and criteria, to read as follows:
(c) Additional information requirements:
A site plan which denotes the location of all existing and proposed
structures, recreational facilities, loading and unloading area, bus
queuing areas, drop-off/pick-up areas, and parking facilities;: and the
proposed The site plan shall also include a safety/security plan and a
pedestrian and vehicular circulation plan, pursuant to the requirements of
Chapter 914;
2. A description of the anticipated student service area and projected
enrollment, by proiect phase if applicable, shall be provided;
3. A copy of all requisite licenses from State of Florida.
(d) Criteria for educational facilities:
Sites for secondary schools shall be located near thoroughfares so as to
discourage traffic along local residential streets in residential subdivisions.
Elementary schools should be discouraged from locating adjacent to major
arterial roadways;
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2. For the type of facility proposed, the minimum spatial requirements for the
site shall be similar to standards utilized by the Indian River County school
board and the State of Florida;
3. Except as provided below, no building designed for
occupancy by students shall be located within one hundred (100) feet of any
property line not adjacent to a street or roadway, and no
building designed for occupancy by students shall be located within fifty
(50) feet of any property line abutting a local road right-of-way= *h -a
single family area;
a. Where a sehool building designed for occupancy by students is to
be located adjacent to a mixed use or TND site, or to a property
zoned RM -6, RM -8, RM -10, commercial, or industrial, and there is a
non-residential use or reduced setback project (small lot subdivision
or planned development) on that adjacent property, then the building
setback along that adjacent property many be reduced to no less than
twenty-five (25) feet.
b. Where a seheel building designed for occupancy by students is to
be located adjacent to property zoned RM -4, RM -3, single-family, or
agricultural, and there is a non-residential and non-agricultural use on
that adiacent property, then the building setback for the educational
use may be reduced to no less than fifty (50) feet.
C. Where a setback of one hundred (100) feet is required, the
setback may be reduced to fifty (50) feet if a Type B buffer with a
six (6) foot opaque feature is provided within the setback.
d. Where the education facilitv is located adiacent to an existin
cemetery, place of worship, child care facility, adult care facility,
community center, school, or other non-residential use, buffer
requirements for each use may be combined into a single buffer
located between the education facility and adiacent use. The
single buffer shall be greater than or equal to a Type "C" buffer.
4. The applicant shall demonstrate that existing and proposed recreation,
narking. and traffic circulation facilities adeauatelv accommodate
projected student enrollment including adequate pick-up and drop-off
queue area to ensure that vehicle queues during peak pick-up and drop-
off times do not adversely impact adiacent streets.
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a. Area to be developed by eens�metian phase—,
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b Adeqttaey of site to aeeernfnedme-antic-ipated
f4cilT«et3folla
reereati; - 9 street-par4ing,
and pedestrian and vehiett'
„1.,.;,,., „ site ; eluding
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5. No rooms within the school shall be regularly used for the housing of
students when located in a single-family residential district;
6. The facilities shall have a Type "C" buffer in the A-1, A-2, A-3, RFD, RS -1,
RS -2, RS -3 and RS -6 districts;
a. The board of county commissioners may waive or reduce the buffer
requirements where the educational facility is located next to an
existing cemetery, place of worship, child care facility, adult care
facility, community center, or -school, or other non-residential use.
Consideration shall be given to security, noise, and visual impacts.
Where a waiver or buffer reduction is granted, normal perimeter
landscaping requirements shall apply, and alternative requirements
(such as fencing) may be required.
7. The facilities shall have a Type "C" buffer in all other residential districts not
listed in subsection 6 above.
a. The board of county commissioners may waive or reduce the buffer
requirements where the educational facility is located next to an
existing cemetery, place of worship, child care facility, adult care
facility, community center, er-school, or other non-residential use.
Consideration shall be given to security, noise, and visual impacts.
Where a waiver or buffer reduction is granted, normal perimeter
landscaping requirements shall apply, and alternative requirements
(such as fencing) may be required.
SECTION #7:
Amend LDR Section 971.14(8), Libraries, to read as follows:
(8) Libraries (administrative permit and special exception).
(a) Districts requiring administrative permit approval, (pursuant to the provisions of
971.04): PRO, OCR, MED CN.
(b) Districts requiring special exception approval, (pursuant to the provisions of
971.05): RM -3 RM -4 RM -6 RM -8 RM -10 RS -6 RT -6.
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(c) Additional information requirements: A site plan which denotes the location of all
existing structures, parking facilities, and the proposed circulation plan, pursuant to
the requirements of Chapter 914.
(d) Criteria for libraries:
1. No building shall be located closer than fifty (50) feet to any lot line which
abuts a residentially designated property.
2. No off-street parking or loading space shall be located closer than ten (10)
feet to any property line abutting a residentially designated property.
3. The facilities shall have a Type "C" buffer along any property line(s) abutting
a residentially designated property.
SECTION #8:
Amend LDR Section 971.26(2), Criteria for Recycling centers, to read as follows:
(2) Recycling centers (administrative permit)
(a) Districts requiring administrative permit approval, (pursuant to the provisions of
971.04): A-1 A-2 A-3 CH IL IG.
(b) Criteria for recycling centers:
1. A site plan meeting all the requirements of Chapter 914, including an
operational plan describing the type of materials accepted, the method of
screening, handling, storing, disposing, marketing, and turnover of
stored/stockpiled material, and means of complying with applicable
environmental regulations;
2. A Type "B" buffer with 8' opaque feature shall be provided between the
recycling facility and adiacent properties having a non-commercial use
or non-commercial land use designation; on all boundaries y4tii .t, have
3. All stored recycling materials must be completely screened from adjacent
properties and road rights-of-way, and configured and provided access in a
manner acceptable to the fire department;
4. No materials shall be buried or burned on site, and no tires or hazardous
materials shall be stockpiled on site.
SECTION #9:
Amend LDR Section 971.27(1), Criteria for Demolition debris sites, to read as follows:
(1) Demolition debris sites (special exception).
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(a) Districts requiring special exception approval, (pursuant to the provisions of
971.05): A-1 A-2 A-3 IG.
(b) Additional information requirements: A site plan meeting all the requirements of
Chapter 914, which shows the location and specification of all screening materials,
the location and designation of all thoroughfare roads which serve the site and all
zoning districts within five hundred (500) feet of the site, and an operational plan
describing the type of materials accepted, the method of screening, handling,
storing, disposing, marketing, and turnover of stored/stockpiled material, and
means of complying with applicable environmental regulations.
(c) Criteria for demolition debris sites:
1. No debris shall be stored or- btffied within thirty (3 0) feet of any property line;
2. All demolition activities shall be completely surrounded by a continuous one
hundred (100) percent opaque fence= of wall, or berm at least eight (8) feet
in height, with a Type "C -B" buffer between the fence and adjacent property
boundaries and road rights-of-way;
3. No bufaing aefivities- shall -be- pefmitted onthe site, exeept as may -be
pefmit4ed puffittant to Chaptef 925, Open Biaf ?ing/ n Cui4aift r
Regulations , f the v, un -t<, 1.,n aevel,........ent r-egu �� No materials shall
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be buried or burned on site, and no tires or hazardous materials shall be
stockpiled on site.;
4. All stored recycling materials must be completely screened from
adiacent properties and road rights-of-way, and configured and
provided access in a manner acceptable to the fire department;
45. The applicant must shall obtain all required permits from the department of
health department of environmental protection, and ..oh.,bilitative . en4ee
and other jurisdictional agencies.
SECTION #10:
Amend LDR Section 971.28(3), Criteria for Group homes, to read as follows:
(3) Group homes: Level 1, 11, III, residential center, and adult congregate living facility
(ACLF) (administrative permit and special exception).
(a) Districts requiring administrative permit approval, (pursuant to the provisions of
971.04): Level I and ACLF (8 residents maximum): A-1 A-2 A-3 RFD RS -1 RS -3
RS -6 RT -6 RM -3 RM -4 RM -6 RMH-6 AIR -1; Level 11, 1I1, and ACLF (20 residents
maximum): RM -8 RM -10 RMH-8.
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(b) Districts requiring special exception approval, (pursuant to the provisions of
971.05): Level II, III and ACLF (20 residents maximum): A-1 A-2 A-3 RT -6 RM -3
RM -4 RM -6 RMH-6; residential centers and ACLF (21+ residents): RM -3 RM -4
RM -6 RM -8 RM -10 CL CG CH RMH-6 RMH-8.
(c) Additional information requirements:
1. A site plan which denotes the location of all structures, parking facilities, and
the proposed circulation plan, pursuant to the requirements of Chapter 914;
2. A floor plan showing the location, size, and space utilization of each room
shall be submitted;
3. The applicant shall submit a signed affidavit stating that all applicable
regulations of the State of Florida and Indian River County as currently exist
have been satisfied.
(d) Criteria for group homes: Level I, II, III, residential centers and adult congregate
living facility. Group homes shall be distinguished by their resident capacity as
follows:
1. Level I group home or ACLF, up to eight (8) residents including caretaker(s)
per shift;
2. Level II group home or ACLF, up to twelve (12) residents including
caretaker(s) per shift;
3. Level III group home or ACLF, up to twenty (20) residents including
caretaker(s) per shift; and
4. Residential centers or ACLF (not Level I, II, or III), twenty-one (21) or more
residents including caretaker(s) per shift.
(e) Those group homes or ACLFs whose residents are service -dependant persons
requiring special protection or custodial care in order to meet their emotional and/or
physical needs must meet all licensing requirements from the Department of Health
and Rehabilitative Services of the State of Florida.
1. The use shall satisfy all applicable regulations of the State of Florida and
Indian River County as currently exist;
2. The approving body shall determine that the proposed use is compatible with
the surrounding neighborhood in terms of land use intensity. The maximum
allowable land use intensity shall be computed as follows:
a. Regarding single-family zoning districts:
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(number of allowable dwelling units) x (2.5 residents per dwelling
unit) x 1.5 = maximum number of residents allowed
b. Regarding multi -family and commercial zoning districts:
(number of allowable dwelling units) x (2 residents per dwelling unit)
x 1.5 = maximum number of residents allowed.
In no case shall the maximum number of residents allowed on a
project site exceed the average maximum number of residents allowed
(as calculated by the above formula) on adjacent sites bordering the
project site. Averaging for adjacent sites shall be based upon length of
the common border between the project site and the adjacent site.
3. To avoid unsafe or unhealthy conditions that may be produced by the
overcrowding of persons living in these facilities, a minimum floor area per
person shall be required. Floor area requirements shall be measured from
interior walls of all rooms including closet space.
a. Total interior living space. A minimum of two hundred (200) square
feet of interior living space shall be provided per facility resident.
Interior living space shall include sleeping space and all other interior
space accessible on a regular basis to all facility residents.
b. Minimum sleeping areas. A minimum of eighty (80) square feet shall
be provided in each sleeping space for single occupancy. A minimum
of sixty (60) square feet of sleeping space shall be provided for each
bed in a sleeping space for multiple occupancy.
C. Bathroom facilities. A full bathroom with toilet, sink and tub or
shower shall be provided for each five (5) residents.
4. To avoid an undue concentration of group care facilities within residential
neighborhoods, all such facilities within residential zoning districts shall be
located at least one thousand two hundred (1,200) feet apart, measured from
property line to property line, unless exempted as follows. The separation
distance requirement and measurement shall not apply to group home or
ACLF uses involving twenty-one (21) or more residents, where such uses are
located on major arterial roadways.
5. If located in a single-family area, the home shall have the appearance of a
single-family home. Structural alterations or designs shall be of such a nature
as to preserve the residential character of the building.
6. If located in the AIR -1 zoning district, the site shall have an L-1 land use
designation.
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7. The facility shall satisfy all applicable off-street parking requirements of
Chapter 954. The facility shall meet or exceed all open space requirements
for the respective zoning district.
8. The maximum capacity of such facilities shall not exceed the applicable
number permitted by the department of health and rehabilitative services.
9. Group home permits are transferable. If the type of resident/client changes or
the resident capacity increases to such an extent that it would raise the facility
to a higher level group home as distinguished by the definition, the facility
must be reevaluated for an administrative permit or special exception
approval.
10. If a Level III facility is to be located adiacent to an active agricultural
operation that tvpically involves application of fertilizers, herbicides, or
pesticides (e.g. citrus groves and field crops), then a buffer meeting the
requirements of 911.04(3)(06 shall be provided between the Level III
facility building and the adiacent active agricultural operation.
(f) Adult congregate living facilities, nursing homes, homes for the aged, total care
facilities, group homes, and similar developments shall not be located in the Coastal
High Hazard Area.
SECTION #11:
Amend LDR Section 971.28(5), Places of worship, to read as follows:
(5) Places of worship (administrative permit and special exception).
(a) Districts requiring administrative permit approval, (pursuant to the provisions of
971.04): RM -8 RM -10 RMH-6 RMH-8 CRVP.
(b) Districts requiring special exception (pursuant to the provisions of 971.05): A-1 A-2
A-3 RFD RS -1 RS -2 RS -3 RS -6 RT -6 RM -3 RM -4 RM -6 ROSE -4 AIR -1.
(c) Additional information requirements: The site plan shall denote the location of all
existing structures, parking facilities, and the proposed circulation plan, pursuant to
the requirements of Chapter 914.
(d) Criteria for places of worship:
No building or structure shall be located closer than thirty (30) feet to any
property line abutting a residential use or residentially designated property;
2. Access shall be from a major thoroughfare unless otherwise approved by the
public works department;
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3. Any accessory residential use, day care facility or school upon the premises
shall provide such additional lot area as required for such use by this section
and shall further be subject to all conditions set forth by the reviewing
procedures and standards for that particular use. Accessory residential uses
may include covenants, monasteries, rectories or parsonages as required by
these regulations;
4. A Type "B" buffer shall be provided along all property boundaries where the
facility is located adjacent to a single-family residentially zoned property. A
Type "C" buffer shall be provided along all property boundaries when the
facility is located adjacent to a multiple -family residentially zoned property
or agriculturally zoned property having a residential land use designation.
a. The board of county commissioners may waive or reduce the buffer
requirements where the place of worship is located next to an existing
cemetery, place of worship, child care facility, community center, or
school. Consideration shall be given to security, noise, and visual
impacts. Where a waiver or a buffer reduction is granted, normal
perimeter landscaping requirements shall apply, and alternative
requirements (such as fencing) may be required.
5. Where a place of worship is located adjacent to an active agricultural
operation, an "active agriculture" buffer as set forth in section
911.040)(06 shall be provided between the adjacent active agricultural
operation and the place of worship building and parking facility.
SECTION #12:
Amend LDR Section 971.40(1)(d), Criteria for county clubs, to read as follows:
(d) Criteria for country clubs:
1. Such facilities may include restaurants with alcoholic beverage licensesi
prev:aoa +l, ,+ .. st*.i, os+,L,i;sL„v.o.,+ ;s l , , ,+oat :+1,:., efto +L, ,,,s ,,, a (1,118m
feet of the fwfefA- door- of any ah'afeh and all prepet4yzines of any seh66l. in
addition,stieh establishments shall not be open to the go «.,1 ,.,,lel;.,•
2. No principal or accessory building shall be located closer than forty-five (45)
feet to any street line or closer than one hundred (100) feet to any lot line
which abuts a single-family zoning district:i hl4owever, buildings associated
with specific uses, such as golf courses and tennis facilities, may be located
as allowed by other specific land use criteria that are applicable to that use;_
3. No off-street parking or loading area shall be located closer than twenty-five
(25) feet to any residentially designated property;. The minimum setback
shall be reduced to 15' when the parking lot is located adjacent to a non-
residential use.
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4. Where such uses involve golf courses, tennis courts, marinas or any other
recreational uses for which standards are set forth in section 971.40, the
proposed use shall also be subject to such standards and procedures, unless a
waiver is granted by the decision making body because the standards are not
applicable to the type or intensity of use proposed.
5. All multipurpose recreational clubs authorized herein shall be located either
adjacent to a major thoroughfare or located within a project which is adjacent
to a major thoroughfare;_
6. All outdoor lighting shall be adequately shielded in order to prevent
reflection onto adjacent properties;_
7. A landscaped bufferyard with Type "C" screening, shall be required adjacent
to all residentially designated land.
a. Where the country club is located adiacent to an existing
cemetery, place of worship, child care facility, adult care facility,
community center, school, or other non-residential use, buffer
requirements for each use may be combined into a sinsile Type
"C" buffer located between the country club and adiacent use.
Joint landscape buffers shall be located in a landscape easement
approved by the county, with the consent of the adiacent property
owner.
SECTION #13:
Amend LDR Section 971.40(2), Dude ranches (special exception), to read as follows:
(2) Dude ranches (special exception).
(a) Districts requiring special exception approval, (pursuant to the provisions of
971.05): A-1 A-2 A-3.
(b) Criteria for dude ranches:
Provide a site plan which meets all the requirements of Chapter 914, which
shows all facilities;
2. The site must be located on a minimum of forty (40) acres of property;
3. All lodging facilities must maintain a minimum two hundred -foot setback
from all property lines;
4. The overall density allowed shall be one person per five acres of land;
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ORDINANCE 2012-020
5. Setback requirements for a barn or housing facilities shall follow the
underlying zoning district. Requirements for stables shall follow the criteria
listed in 971.08(9;
6. The applicant must provide with the application a written statement of use for
the facility.
SECTION #14:
Amend LDR Section 971.40(3), Golf courses and accessory facilities, to read as follows:3
(3) Golf courses and accessory facilities (administrative permit and special exception).
(a) Districts requiring administrative permit approval, (pursuant to the provisions of
971.04): A-1 A-2 A-3.
(b) Districts requiring special exception approval, (pursuant to the provisions of
971.05): RFD RS -1 RS -2 RS -3 RS -6 RT -6 RM -3 RM -4 RM -8 RM -10 RMH-6
RMH-8 ROSE -4 RM -6 AIR -1.
(c) Additional information requirements:
1. The location and designation of all zoning and land use designations abutting
the site;
2. A site plan meeting the requirements of Chapter 914.
(d) Criteria for golf courses and accessory facilities:
Golf courses and accessory facilities shall not be interpreted to include
freestanding commercial miniature golf courses and/or driving ranges or
other unenclosed commercial amusements;_
2. No major accessory use or principal building or structure shall be located
closer than one hundred (100) feet to any lot line which abuts a residentially
designated property; however, the one hundred (100) foot setback may be
reduced to normal zoning district setbacks if the use of the abutting
residentially designated property is non-residential (e.g. institutional,
recreation, community services uses) and if a Type "B" buffer with six (6)
foot opaque feature is provided between the building and structures and the
abutting residentially designated property.
3. Golf courses shall, to the most reasonable extent, retain and preserve native
vegetation over at least thirty (30) percent of the total upland area of the
course due to their characteristically high water demand and heavy nutrient
loads;_
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4. The golf courses shall be designed so that any lighting is shielded and
directed away from residential areas;_
5. Type "B" screening shall be provided between golf maintenance facilities and
adjacent residentially designated property within two hundred (200) feet of
the golf maintenance facility.
a. Where the golf maintenance facility is located adiacent to an
existing cemetery, place of worship, child care facility, adult care
facility, community center, school, or other non-residential use,
buffer requirements for each use may be combined into a single
Type "C" buffer located between the golf maintenance facility
and adiacent use. Joint landscape buffers shall be located in a
landscape easement approved by the county, with the consent of
the adiacent property owner.
SECTION #15:
Amend LDR Section 971.40(4)(b) and (c), hunting and fishing lodges additional information
requirements and criteria, to read as follows:
(b) Additional information requirements:
1. A site plan that labels and depicts the location and size of the resource
area associated with the proposed hunting or fishing lodge use, and all
facilities and areas used for boating, and other activities conducted
adiacent to the resource area.
2. Documentation confirming rights of the lodge operator and guests to
access and use the associated resource area.
(b�c) Criteria for hunting and fishing lodges:
1. The principal uses/structures, including all lodge buildings, must be located
on a site that meets the applicable zoning district minimum lot size; e€ five
(5) aer-es;
2. Lodge accommodations for over -night stays shall not exceed one person
per acre of the proiect site area and shall not exceed a total of 25
persons.
23. The lodge site mtts shall have legal access to and use of an
adiacent resource area of be ,,eeess -e at least €rye four hundred (380)
44 00) acres_ Any lake may count be
used as part of the resource area acreage;
34. Hunting lodges must provide:
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a. Paved driveway aprons; and
b. Paved parking or non -paved and stabilized parking if
steed-sur-€aee- pafkifig -areaused, approved by the
public works director or his designee pursuant to the requirements
of section 954.10(3) division.
45. Fishing lodges must provide:
a. A n4ally sound site management plan that, in accordance
with applicable local, state, and federal environmental
regulations, adequately addresses fish -cleaning, boating, and
other uses/activities that impact resources. The management plan
shall be submitted with the site plan, and must be approved by the
environmental planning staff prior to site plan release; and
SECTION #16:
Amend LDR Section 971.40(8)(e), Criteria for private multi -slip facilities, to read as follows:
(e) Criteria for private multi -slip facilities:
A site plan showing the location, dimensions and area of the dock facility,
showing all waterway widths, water depths, shoreline contours, aquatic and
shoreline vegetation and marine habitats within five -hundred (500) feet of the
proposed facility;
2. The facility must shall be located in a single-family or multifamily zoning
district;
3. The facility must -shall be constructed in association with a multifamily
development or a residential subdivision;
4. The facility must -shall be authorized by all local, state and federal
jurisdictional agencies, or have been granted express waivers therefrom, prior
to site plan release;
5. The facility fnest shall meet, at a minimum, the general criteria set forth by
section 932.06 932.07, Piers, Docks and Boatslips; and shall meet
applicable requirements of Indian River County's adopted Manatee
Protection Plan;
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6. Live-aboards shall not be permitted in association with private multi -slip
facilities;
7. Private multi -slip facilities with ten (10) or more berthing slips for vessels
twenty-five (25) feet or larger shall be required to meet the criteria set forth
in section 971.40(8)(d);
8. No dredging of new channels shall be permitted for private multi -slip
facilities. Maintenance dredging of existing channels shall not exceed six (6)
feet in depth, measured at mean low water. Dredging shall not occur in
FDNR recognized shellfish harvesting or propagation areas; and
9. The number of berthing slips shall not exceed three (3) per fifty (50) feet of
linear shoreline, or two (2) per associated dwelling unit, whichever is less.
SECTION #17:
Amend LDR Section 971.40(9), Tennis club and beach clubs, to read as follows:3
(9) Tennis clubs and beach clubs (special exception).
(a) Districts requiring special exception approval, (pursuant to the provisions of
971.05): Beach clubs: RM -3 RM -4 RM -6 RM -8 RM -10; tennis facilities: RM -3 RM -
4 RM -6 RM -8 RM -10 RMH-6 RMH-8.
(b) Additional information requirements: A site plan which denotes the location for all
existing structures, parking facilities, and the proposed circulation plan, pursuant to
the requirements of Chapter 914.
(c) Criteria for beach clubs and tennis facilities:
No off-street parking or loading areas for buildings and structures shall be
located closer than twenty-five (25) feet from any property line abutting a
residentially designated property. The minimum setback shall be reduced
to 15' when the parking lot is located adjacent to a non-residential use.
2. All outdoor lighting shall be adequately shielded in order to prevent
reflection onto adjacent properties;_
3. Type "C" screening shall be provided on all perimeter boundaries;:
4. All outdoor recreation facilities shall be located a minimum of thirty (30) feet
from adjacent residentially designated properties;. The minimum setback
shall be reduced to 15' when the outdoor recreation facility is located
adiacent to a non-residential use.
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5. Type "B" screening shall be provided between outdoor recreation facilities
and adjacent residentially designated properties within one hundred (100) feet
of adjacent residentially designated properties. Where the tennis club or
beach club is located adiacent to an existing cemetery, place of worship,
child care facility, adult care facility, community center, school, or other
non-residential use, buffer requirements for each use may be combined
into a single Type "C" buffer located between the tennis club or beach
club and adiacent use. Joint landscape buffers shall be located in a
landscape easement approved by the county, with the consent of the
adiacent property owner.
SECTION #18:
Amend LDR Section 971.40(11)(b) and (c), retreats and camps additional information
requirements and criteria, to read as follows:
(b) Additional information requirements:
1. A site plan meeting all of the requirements of Chapter 914, which shows:
a. All building, camping and recreation facilities and areas and distances
to all property boundaries;
b. Location, width, composition and a cross-section of all buffer areas;
Location and number of all camping or sleeping areas (maximum
number of people accommodated for sleeping in permanent
structures);
d. Drop-off facilities; and
e. A complete description of all planned uses, activities and programs to
occur on site and corresponding hours of operation.
(c) Criteria for retreats and camps:
21. The site must shall be located on a minimum of ten (10) twenty-nine (29)
acres of property.
32. No building, camping or recreation facility or area may shall be located
closer than forty (40) feet of any property line, or closer than seventy-five
(75) feet to any property with a residential land use designation, whichever
distance is greater. The referenced seventy -five-foot setback may be reduced
to thirty-five (35) feet if a Type B buffer with a six-foot opaque feature is
provided.
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43. The development of permanent structures that accommodate the sleeping of
persons shall be limited as follows: sleeping areas within permanent
structures shall not accommodate more than four (4) persons per acre of the
total project area less area devoted to camping accommodations.
-54. Drop-off facilities may be required by the public works director where such
facilities are deemed necessary to accommodate anticipated traffic operations
on site.
65. Stabilized, unpaved parking and driveway areas may be approved by the
board of county commissioners based upon a positive recommendation from
the public works director.
76. Restrictions or limitations on outdoor lighting and location and hours of
operation for outdoor activities may be imposed to mitigate potential adverse
light and noise impacts on surrounding properties.
SECTION #19:
Amend LDR Section 971.41(10)(e)12, Criteria for accessory dwelling units, to read as follows:
(e) Criteria for accessory dwelling units:
Accessory dwelling units shall be located only on lots which satisfy the
minimum lot size requirement of the applicable zoning district.
2. The accessory dwelling unit shall be clearly incidental to the principal
dwelling and shall only be developed only in conjunction with or after
development of the principal dwelling unit.
3. Not more than one (1) accessory dwelling unit shall be established in
conjunction with a principal dwelling unit.
4. No accessory dwelling unit shall be established in conjunction with a
multifamily dwelling unit.
5. The heated/cooled gross floor area of the accessory dwelling unit shall not
exceed thirty-three (33) percent of the heated/cooled gross floor area of the
principal structure or seven hundred fifty (750) gross square feet, whichever
is less. The accessory dwelling unit shall be no smaller than three hundred
(300) gross square feet of heated/cooled area.
6. No accessory dwelling unit shall have a doorway entrance visible from the
same street as the principal dwelling unit.
7. Detached accessory dwelling units shall be located no farther than seventy-
five (75) feet in distance from the principal dwelling unit from the closest
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point of the principal dwelling unit to the closest point of the accessory
dwelling unit.
8. Excluding converted garage accessory dwelling units, the accessory dwelling
unit shall be designed so that the exterior facade material is similar in
appearance to the facade of the existing principal structure.
9. One (1) off-street parking space shall be provided for the accessory dwelling
unit in addition to spaces required for the principal dwelling unit.
10. The accessory dwelling unit shall be serviced by centralized water and
wastewater, or meet the to health department's well and septic
tank and drainfield requirements. Modification, expansion or installation of
well and/or septic tank facilities to serve the accessory dwelling unit shall be
designed in a manner that does not render any adjacent vacant properties
"unbuildable" for development when well and/or septic tank facilities would
be required to service development on those adjacent properties.
11. No accessory dwelling unit shall be sold separately from the principal
dwelling unit. The accessory dwelling unit and the principal dwelling unit
shall be located on a single lot or parcel or on a combination of lots or parcels
unified under a recorded unity of title document.
12. An accessory dwelling unit shall be treated as a multi -family unit for tr-affie
impact fees and for traffic concurrency purposes, and the concurrency
requirements of Chapter 910 for a multi -family unit shall be satisfied.
SECTION #20:
Add section 971.41(12), to read as follows:
(12) Limited Recreational Vehicle spaces in small-scale mobile home rental parks
(administrative permit: no planning and zoning commission approval required if associated with
a site plan reviewed as an administrative approval or minor site plan):
(a) Districts requirine administrative permit approval: RMH-6, RMH-8, CL, CG,
CH, IL.
(b) Additional information requirements:
1. A site plan meeting the requirements of Chapter 914 and depicting the
location of existing and proposed mobile home spaces and recreational
vehicle spaces.
2. A calculation showing the total number of leeally established mobile
home units and recreational vehicle spaces.
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3. Written authorization from the mobile home park owner.
(c) Criteria for limited recreational vehicles:
1. The site shall have an MHRP (Mobile Home Rental Park) or C/I
(Commercial Industrial) land use designation.
a. Legal non -conforming mobile home parks of record in existence on
September 1, 2011 shall be eligible for recreational vehicle spaces,
subiect to these regulations. Other non -conforming mobile home
parks shall not be eligible for recreational vehicle spaces.
2. The site shall consist of a mobile home park parcel that was legally
established prior to January 1, 2010 and that does not exceed 20 acres in
size.
3. For purposes of calculating density, each recreational vehicle space shall
be treated as a mobile home unit.
4. The total number of recreational vehicle spaces shall not exceed twenty-
five percent (25%) of the total number of approved residential units or
spaces within the mobile home park.
5. The applicant shall demonstrate compliance with Department of Health
and Department of Utility Services requirements for providing potable
water and sanitary sewer service for the recreational vehicles.
6. Recreational vehicles shall be located so as to meet setbacks applicable to
mobile homes within the mobile home park.
7. Recreational vehicle spaces shall be rented or leased for periods not less
than thirty (30) days.
SECTION #21:
Add Section 971.41(13), to read as follows:
(13) Small-scale Traditional Neighborhood Design Proiects (TNDs)
(a) Districts requiring administrative permit approval: RM -3, RM -4, RM -6, RM -8,
RM -10 (no approval through the Planned Development process required)
(b) Additional informational requirements
1. A site plan meeting the requirements of Chapter 914 and demonstrating
compliance with applicable requirements of section 915.21 (Traditional
Neighborhood Design standards).
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(c) Criteria for small-scale TNDs:
1. The project site shall have an area of less than 40 acres
2. The nroiect shall satisfy the TND standards of section 915 21, with the
exception of the TND minimum site area requirement
3. The nroiect shall satisfy the desiin Guideline requirements of section
915.13(5).
4. The project shall satisfy the planned development compatibility
standards of section 915.16.
SECTION #22: 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 #23: 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 #24: 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 #25: 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 -Bryan , seconded by Commissioner solari , and adopted by
the following vote:
Chairman Gary C. Wheeler Aye
Vice Chairman Peter D. O'Bryan Aye
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ORDINANCE 2012- 020
Commissioner Bob Solari Aye
Commissioner Wesley S. Davis Aye
Commissioner Joseph E. Flescher Aye
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY
..cOMM
BY: C
Gary C. W eler, Chairman
ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller
44'y -• 1lQUf• .�
I p.M Mt■\.�
BY:��L�
Deputy Clerk
This ordinance was filed with the Department of State on the following date:
APPROVED AS TO FORM AND LEGAL SUFFICIENCY
Alan S. Polackwich, Sr., County Attorney
APPROVED AS TO PLANNING MATTERS
/*
Robert M. Keating, AIC Commu ' evelopment Director
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