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HomeMy WebLinkAbout2012-016ORDINANCE 2012-016 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA CONCERNING AN AMENDMENT TO ITS LAND DEVELOPMENT REGULATIONS (LDR); PROVIDING FOR AMENDMENTS TO; CHAPTER 911, ZONING; AND CHAPTER 912, SINGLE FAMILY DEVELOPMENT BY REVISING ESTABLISHMENT OF DISTRICTS SECTION 911.03; BY AMENDING APPLICATION OF DISTRICT REGULATIONS MINIMUM YARD AND SETBACK REQUIREMENTS SECTION 911.04, BY REVISING CONSERVATION DISTRICT BOUNDARIES SECTION 911.05(3); BY REVISING USES SECTIONS 911.06(4), 911.07(4), 911.08(4), 911.09(4), 911.10(4), 911.11(4), 911.12(4), 911.13(2), 911,13(3), AND 911.13(4); BY REVISING SIZE AND DIMENSION CRITERIA SECTIONS 911.06(6), 911.07(7), 911.08(7), 911.09(8), 911.10(7), 911.11(8), 911.12(6), 911.13(1)(F), 911.13(2)(E), 911.13(3)(H), AND 911.13(4)(G); BY AMENDING SINGLE-FAMILY DISTRICT REQUIRED BUFFER YARDS SECTION 911.07(8), BY REVISING MULTI -FAMILY DISTRICT REQUIRED BUFFER YARDS SECTION 911.08(9); BY REVISING COMMERCIAL REQUIRED BUFFER YARDS SECTION 911.10(8); BY REVISING SPECIAL DISTRICT REQUIREMENTS SECTION 911.10(9); BY REVISING PLANNED DEVELOPMENT DENSITY BONUS SECTION 911.14(4); BY MODIFYING PLANNED DEVELOPMENT DISTRICT 911.14(5) AND ADDING 911.14(6); BY REVISING GENERAL PROVISIONS YARD ENCROACHMENT SECTION 911.15(2); BY REVISING ACCESSORY USES AND STRUCTURES SECTION 912.05(3); BY REVISING HOME OCCUPATIONS SECTION 912.05(6); BY REVISING SETBACKS FOR CERTAIN TYPES OF STRUCTURES SECTION 912.07(1)(B)(6); BY REVISING ACCESSORY USES AND STRUCTURES SECTION 912.15(1); 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: Amend LDR Section 911.03, Establishment of districts, to read as follows: In order to classify, regulate and restrict the use of land, water, buildings, and structures; to regulate and restrict the height and bulk of buildings; to regulate the area of yards and other open spaces about buildings; to regulate the intensity of land use and implement the comprehensive plan, the unincorporated area of Indian River County, Florida is divided into districts as follows: Agricultural districts Rural districts Single-family residential districts Multiple -family residential districts Mobile home districts Commercial districts Industrial districts Bold Underline: Additions to Ordinance 1 Deleted Text from Existing Ordinance C:\Documents and Settings\tlister\Local Settings\Temporary Internet Files\Content.Outlook\QPA7-MTU8\2012-016 911 and 912.doc ORDINANCE 2012-016 Conservation districts Special purpose districts Planned development district These zoning districts are provided to implement the intent of the comprehensive plan and the land use designations on the future land use map as indicated below: Land Use Desi nations Maximum Density (units/acre) C-1 Conservation - 1 0 C-2 Conservation - 2 1:40 C-3 Conservation - 3 1:2 1/2 AG -1 Agriculture - 1 1:5 AG -2 Agriculture - 2 1:10 AG -3 Agriculture - 3 1:20 R Rural 1:1 L-1 Low - 1 3:1 L-2 Low - 2 6:1 M-1 Medium - 1 8:1 M-2 Medium - 2 10:1 Rec Recreation Pub Public C/I Commercial/Industrial Bold Underline: Additions to Ordinance 2 Deleted Text from Existing Ordinance C:\Documents and Settings\tlister\Local Settings\Temporary Internet Files\Content.Outlook\QPAZMTU8\2012-016 911 and 912.doc B M W U d I r��Ti� t� IN ON ORDINANCE 2012-016 SECTION #2: Amend LDR Section 911.04(3)(C), Minimum yard and setback requirements, to read as follows: (c) Minimum yard and setback requirements. Generally. Minimum yard requirements shall be as specified for a given zoning district. The yard requirements shall apply to all buildings and structures, as they relate to the respective lot lines, except as otherwise specifically provided in this chapter or as exempted in section 911.04(3)(c)2. 2. Accessory uses and structures. Special yard requirements related to accessory uses and/or structures are provided in Chapter 917. 3. Yard encroachments. See section 911.15(2), encroachments into required yards. 4. Required yards for lawfully created nonconforming lots. Lawfully created nonconforming lots shall have required yards; provided, however, that the buildable width of such lot shall not be reduced by front or side yard requirements to less than thirty (30) feet and provided further that no accessory structure on a corner lot shall project into the required front yard on any street. In those instances where the thirty- foot minimum applies, the house shall be centered between the lot lines, unless an alternative siting arrangement is approved by the community development director. 5. Residential lots and units adjacent to the urban service area boundary. Residential subdivision projects, site plan projects, and planned development projects located inside the urban service area where new residential lots or units are proposed adjacent to the urban service area boundary shall include provisions for a special buffer. Project sites are considered adjacent to the urban service area boundary when adjoining that boundary and when separated from that boundary by intervening road and canal rights-of-way. Said buffer shall be provided in a separate tract and provided between the proposed residential lot (single-family) or unit (multi -family) and the urban service area boundary and shall consist of native vegetation planted in a fifty -foot or wider Type "B" buffer with a six-foot opaque feature, as described in Chapter 926. Where walls are used, the wall variation requirements of subdivision ordinance section 913.09(9) shall apply. Where required, said buffer shall be treated as a required improvement for the project or project phase in which the buffer is to be located. 6 Yards adiacent to active agricultural operations. Subdivision and planned development proiects located within the urban service area where new residential lots are proposed adiacent to active asricultural operations that typically involve application of fertilizers, herbicides, or pesticides (e.2. citrus Groves and field crops) shall provide a special buffer. A pasture shall not be considered an active agricultural use for purposes of this buffer requirement unless the pasture is regularly sprayed with fertilizers, herbicides, or pesticides. The buffer shall be provided between the proposed residential lots and the adiacent active agricultural operation and shall consist of the quantity of canopy and understory trees required in a twenty-five (25) foot wide Type "B" buffer. As an alternative Bold Underline: Additions to Ordinance St.i !hfaugh: Deleted Text from Existing Ordinance C:\Documents and Settings\tlister\Local Settings\Temporary Internet Files\Content.Outlook\QPAZMTU8\2012-016 911 and 912.doc ORDINANCE 2012-016 to the Type "B" buffer canopy and understory tree plantings, the developer may propose and the County may approve the planting of a windbreak with appropriate tree species that will form a continuous screen at least 8 feet tall within 3 years of planting. Where required, the buffer shall be treated as a required subdivision improvement for the project or project phase in which the buffer is to be located. The buffer and opaque feature shall be located within a buffer tract or easement that is dedicated to a homeowners association and is established such that it cannot be extinguished or modified without county consent. The buffer shall be maintained as a required subdivision improvement until such time as the adjacent active agricultural use is converted to a non-agricultural use and the buffer easement or tract has been extinguished with the county's consent. 67. Residential setbacks, generally. No dwelling shall be erected closer to another dwelling than double the minimum setback restrictions. 78. Yard requirements for residential uses in nonresidential zoning districts. Whenever a dwelling is to be erected in a district other than an agricultural or residential district, it shall conform to the minimum setback requirements of the RM -8 district. SECTION #3 Amend LDR section 911.05(3), Conservation district boundaries, to read as follows: (3) Conservation district boundaries. mal Bboundaries of Con -1, Con -2 and Con -3 zoning districts shall may be depicted in the official zoning atlas based upon site specific environmental survey information When a property designated C-1, C-2, or C-3 is the subject of an application to rezone all or a portion of the property to a district other than a conservation district, the applicant shall provide site specific environmental survey information as part of the rezoning application. The environmental survey information provided shall be adequate to determine Con -1, Con -2, or Con -3 district boundaries on the rezoning site. Specific conservation district boundaries shall be determined on a site -by -site basis, as follows: (a) Environmentally sensitive estuarine wetlands. The Con -2 Conservation District adjacent to the Indian River Lagoon and the St. Sebastian River reflects the extent of environmentally sensitive estuarine wetlands. Specific boundaries of the Con -2 district shall be determined on a site -by -site basis by a site boundary survey. Wetland boundaries shall be determined based on the broadest delineation of jurisdictional wetland regulatory agencies. (b) Con -1 conservation district boundaries. The Con -1 conservation district reflects environmentally sensitive and environmentally important lands under public ownership. In cases where the boundary of the Con -1 district is under dispute, the boundary shall be verified based on the extent of public ownership. Likewise, the Con -1 district boundary as depicted in the official zoning atlas shall be periodically updated to correspond with public land acquisition or sale. Bold Underline: Additions to Ordinance 6 StfikO threes# Deleted Text from Existing Ordinance C:\Documents and Settings\tlister\Local Settings\Temporary Internet Files\Content.Outlook\QPAZMTU8\2012-016 911 and 912.doc ORDINANCE 2012-016 (c) St. Sebastian River Con -3 Conservation District boundaries. The boundaries of the St. Sebastian River Con -3 district shall be depicted in the official zoning atlas. The eastern boundary of the Con -3 district shall be the west right-of-way line of Roseland Road. The western boundary of the district shall be generally depicted in the official zoning atlas. The specific boundary of the Con -3 district shall be determined on a site -by -site basis by a boundary survey, based on soil types and the existence of xeric scrub vegetation as verified by county environmental planning staff, in consultation with the Florida Game and Fresh Water Fish Commission (GFC) and other appropriate agencies. Orsino fine sand or Electra sand, in combination with xeric scrub vegetation, shall be indicative of the Con -3 district. Upland areas east of the St. Sebastian River, within the generalized Con -3 boundaries, that are determined by site specific survey not to have the xeric scrub characteristics described herein, shall have an RS -1 district designation. SECTION #4 Amend portions of 911 individual Uses tables as identified below, to read as follows: Agricultural and rural districts Section 911.06(4), Uses Bold Underline: Additions to Ordinance 7 S«i'�,,,O &OHg."r: Deleted Text from Existing Ordinance C:\Documents and Settings\tlister\Local Settings\Temporary Internet Files\Content.Outlook\QPAZMTU8\2012-016 911 and 912.doc District Uses A-1 A-2 A-3 RFD RS -1 Agricultural General farming P P P - - Dairy farming A A A - - Livestock and poultry raising P P P - - Stables (noncommercial) P P P A A Stable (commercial) P P P - - Sludge spreading A A A - - Tree farms P P P - - Kennel and animal boarding laces Commercial A A A - - Noncommercial P P P P A Fruit and vegetable juice extractions and packing houses A A A - - Small animalspecialty farms A A A - - Tenant dwelling S S S - - Residential migrant housing facility S S S Nursery and greenhouses Noncommercial P P P A A Commercial (cultivation, wholesaling, and off-site landscaping services allowed; no retail sales allowed on-site) P P P - - Agricultural businesses, excluding wholesaling and rocessin S S S - - Agricultural industries S S S - - Fish farms and water dependent plant and/or animal roduction A A A - - Agricultural research facilities A A A - Aquaculture A I A I A A A Fruits reading (subject to section 917.06(15)) P I P I P - - Bold Underline: Additions to Ordinance 7 S«i'�,,,O &OHg."r: Deleted Text from Existing Ordinance C:\Documents and Settings\tlister\Local Settings\Temporary Internet Files\Content.Outlook\QPAZMTU8\2012-016 911 and 912.doc ORDINANCE 2012-016 Residential Accessory single-family dwelling unit A A A A A Single-family dwelling P P P P P Mobile homes A A A - - Accessory housing for ni htwatchman A A A - - Guest cottage or servant's quarters A A A A A Single-family docks and private observation/fishing piers on vacant lots A A A A A Bed and breakfast A A A - - Institutional Child or adult care facilities A A A A S Foster care facilities P P P P P Cemeteries S S S S S Places of worship PS PS PS S S Group home (level 1) Group home level II & Hil A S A S A S A A - Community Service Emergency services P P P P P Educational centers, including primary and secondary schools S Is S S S Correctional institutions S S S - - Cultural and civic facilities S S S S S Governmental administrative building S S S S S Colleges and universities S - Is S Civic and social membership organizations (M-1 and M-2 areas only) S - - - - Recreation Country clubs A A A S S Golf courses A A A S S Public parks and playgrounds A A A A A Major sports and recreation areas and facilities S S S - - Dude ranch S S S - - Retreats and cams S S S S S Commercial hunting and fishing lodges S S S - - Off road vehicle tracts (commercial and noncommercial S S S - Commercial Fruit and vegetable stands A A A - - Veterinary clinic or animal hospital A A A - - Driving ranges S S S - - Fruit, vegetable and nursery retail sales S S S - Transportation and Utilities Airports and airstrips S S S S - ng Communications towers (wireless facilities includicell towers A/S A/S A/S A A Communications towers (non -wireless facilities including TV and radio broadcast towers Amateur radio (accessory use) Bold Underline: Additions to Ordinance StFike thFOHghr Deleted Text from Existing Ordinance C:\Documents and Settings\tlister\Local Settings\Temporary Internet Files\Content.Outlook\QPAZMTU8\2012-016 911 and 912.doc ORDINANCE 2012-016 Less than 80 feet P P P P P 80 feet or taller (see 971.44(4) for special criteria) S S S S S Commercial A A A A Communications towers (non -wireless facilities including TV and radio broadcast towers Up to 70 feet: Amateur radio (accessory use) Camouflaged P P P P P Non -camouflaged P P P - - 70 feet to 150 feet: Commercial Camouflaged A A A A A Monopole (minimum of 2 users) A A A - Not camouflaged and not monopole A/S* A/S* A/S* - Over 150 feet: All tower types (see 971.44(1) forspecial criteria) - S S - - Utility Public and private utilities, limited A A A S S Public and private utilities, heavy S S S S S Reservoirs water farming P P P - - Industrial Recycling center(including vegetation debris mulching) A A A - - Small-scale bio -fuel Processiniz plant S A A - - Lar a -scale bio -fuel processina plant S S S - - [Mining A A A - - Very Heavy Industrial Demolition debris site S S S - - P - Permitted use A - Administrative permit use S - Special exception use *See 971.44(4) to determine whether the administrative permit or special exception use process applies. 'The requirements of section 917.06(l 1), of the Accessory Uses and Structures Chapter, shall apply to towers. 2For wireless commercial facilities regulations, see section 971.44(5), Section 4 use table. Single-family residential districts Section 911.07(4), Uses Bold Underline: Additions to Ordinance 9 Strike through: Deleted Text from Existing Ordinance C:\Documents and Settings\tlister\Local Settings\Temporary Internet Files\Content.Outlook\QPAZMTU8\2012-016 911 and 912.doc District RS -2 RS -3 RS -6 RT -6 Utility Communications towers (wireless facilities including cell towers A A A A Communications towers (non -wireless facilities including TV and radio broadcast towers Amateur radio (accessory use) Less than 80 feet P P P P 80 feet or taller (see 971.44(4) forspecial criteria) S S S S Commercial Up to 70 feet: Bold Underline: Additions to Ordinance 9 Strike through: Deleted Text from Existing Ordinance C:\Documents and Settings\tlister\Local Settings\Temporary Internet Files\Content.Outlook\QPAZMTU8\2012-016 911 and 912.doc ORDINANCE 2012-016 Camouflaged P P P P Non -camouflaged - 8 70 feet to 150 feet: Camouflaged A A A A Monopole (minimum of 2 users) - - - Not camouflaged and not monopole - - - Over 150 feet: All tower types (see 971.44(1) forspecial criteria) - - - Multi -family residential districts Section 911.08(4), Uses Bold Underline: Additions to Ordinance 10 Strike thfough: Deleted Text from Existing Ordinance C:\Documents and Settings\tlister\Local Settings\Temporary Internet Files\Content.Outlook\QPAZMTU8\2012-016 911 and 912.doc District RM -3 RM -4 RM -6 RM -8 RM -10 Residential Accessory single-family dwelling unit A A A A A Small lot single-family subdivision - - A A A Single-family dwellings P P P P P SF dwelling (attached) P P P P P Duplex P P P P P Multifamily dwellings P P P P P Single-family docks and private observation/fishing piers on vacant lots A A A A A Bed and breakfasts S S S A A Residential resort - - S S S Guest cottage and servant's quarters A A A A A Small-scale Traditional Neighborhood Design A A A A A TND Utility Communications towers (wireless facilities including cell towers A ffA A A A Communications towers (non -wireless facilities in TV and radio broadcast towers -eluding Amateur radio (accessory use) Less than 80 feet P P P P P 80 feet or taller (see 971.44(4) for special criteria) S S S S S Commercial Up to 70 feet: Camouflaged P P P P P Non -camouflaged - - - 70 feet to 150 feet: Camouflaged A A A A A Monopole (minimum of 2 users) Not camouflaged and not monopole Over 150 feet: All tower types (see 971.44(1) for special criteria) - - - - Bold Underline: Additions to Ordinance 10 Strike thfough: Deleted Text from Existing Ordinance C:\Documents and Settings\tlister\Local Settings\Temporary Internet Files\Content.Outlook\QPAZMTU8\2012-016 911 and 912.doc ORDINANCE 2012-016 Mobile home district Section 911.09(4), Uses Bold Underline: Additions to Ordinance 1 1 St- u& Deleted Text from Existing Ordinance C:\Documents and Settings\tlister\Local Settings\Temporary Internet Files\Content.Outlook\QPAZMTU8\2012-016 911 and 912.doc District Uses RMH-6 RMH-8 Residential Mobile homes P P Single-family dwellings P P Accessory single-family dwelling unit A A Limited recreational vehicles in mobile home rental parks A A Institutional Child or adult care facilities A A Foster care facilities P P Places of worship A A Group home (level I) A P Group home (level II and III) S A Group home (residential center) S S Adult congregate living facility (20 resident maximum) S A Adult congregate living facility (21+ resident maximum) S S Community Service Emergency services P P Educational centers including primary and secondary schools S S Government administrative building S S Community centers - S Recreation Country clubs S S Golf courses S S Public parks and playgrounds A A Tennis facilities S S Utility Communications towers (wireless facilities including cell towers) A A Communications towers (non -wireless facilities including TV and radio broadcast towers Amateur radio (accessory use) Less than 80 feet P P 80 feet or taller (see 971.44(4) forspecial criteria) S S Commercial Up to 70 feet: Camouflaged P P Non -camouflaged - 70 feet to 150 feet: Camouflaged A A Monopole (minimum of 2 users) Not camouflaged and not monopole Over 150 feet: All tower types (see 971.44(1) forspecial criteria) - - Limited public and private utilities A A Public and private utilities, heavy S S Bold Underline: Additions to Ordinance 1 1 St- u& Deleted Text from Existing Ordinance C:\Documents and Settings\tlister\Local Settings\Temporary Internet Files\Content.Outlook\QPAZMTU8\2012-016 911 and 912.doc ORDINANCE 2012-016 Commercial district Section 911.10(4), Uses Bold Underline: Additions to Ordinance 12 Stfike-t#rseghi Deleted Text from Existing Ordinance C:\Documents and Settings\tlister\Local Settings\Temporary Internet Files\Content.Outlook\QPAZMTU8\2012-016 911 and 912.doc District PRO OCR MED CN CL CG CH Agriculture Agricultural Production Horticultural and landscape plants and specialties - - - - P P P Kennels and animal boarding - - - - - A A Pet -grooming no boarding) Agricultural Services - - - P P P Landscape services - - - - - P P Commercial fishery - - - - - A P Commercial Construction General building contractors/special trade contractors/Construction yards - - - - - - P Finance, Insurance, Real Estate, Legal Services Banks and credit institutions - P - P P P - Small-scale banks and credit institutions A P I - P P P P Security and commodity brokers P P - P P P - Insurance agents, brokers and service P P - P P P - Automatic teller machines - P P P P P - Real Estate P P - P P P - Holding and other investment offices P P - P P P Legal services P P - P P P - Services Lodging facilities hotels and motels - P P - P P Boardinghouses - A - A A P - Bed and breakfast P A A A A A - Membership based hotels - - - - - P - Personal Services Laundries and laundromats (excluding drycleaners) - - - P P P - Garment pressing and drycleaners drop- off/pickup - - - P P P - Linen supply - - - - - P P Carpet and upholstery cleaning - - - - - P P Drycleaning plants - - - - P Photographic studios - A - P P P - Beauty shops - A - P P P - Barber shops - A - P P P - Shoe repair - A - P P P - Funeral homes - - - - P " Funeral chapels - - - - P P - Bold Underline: Additions to Ordinance 12 Stfike-t#rseghi Deleted Text from Existing Ordinance C:\Documents and Settings\tlister\Local Settings\Temporary Internet Files\Content.Outlook\QPAZMTU8\2012-016 911 and 912.doc ORDINANCE 2012-016 Crematoriums - - - - - P P Business Services Advertising P P - - P P P Credit reporting and collection P P - - P P P Mailing, reproduction and stenographic services - P - - P P P Equipment rental and leasing - - - - P P P Employment agencies P P - - P P P Help supply services - - - - - P P Computer and data processing P P - - P P P Bail bondsman - - - - P P P General and professional office 4 P P - P P P - Auto Repair, Services and Parkin Automotive rentals - - - - - P P Automobile parking and storage - - - - - P P Body and paint shops - - - - - - P General automotive repair - - - - - P P Carwashes - - - - P P P Automotive fluid sales and services (other thangasoline) - - - - A P P Miscellaneous Repair Electrical repair - - - - P P P Watch, clock, jewelry - - - - P P P Reupholsters and furniture - - - - - - P Welding - - - - - - P Motion Pictures Production and distribution services - - - - - P P Motion picture theaters - - - - P P - Drive in theaters (unenclosed commercial amusement) - - - - - - S Video tape rentals - - - P P P - Amusement and Recreation Dance studios, school and halls ms - - - - P P P Theatrical production including music - - - - P P - Enclosed commercial amusements - - - - P P P Unenclosed commercial amusements except miniature golf courses and driving ranges - - - - - - S Health and fitness centers - - - A P P P Membership sports and recreation - - - - P P P Coin-operated amusements - - - P P P - Miniature golf courses - - - - - S A Driving ranges - - - - - A A Health and Medical Services Offices and clinics P P P P P P - Total care facilities - - P - - - - Bold Underline: Additions to Ordinance 13 Stfike tlFengh: Deleted Text from Existing Ordinance C:\Documents and Settings\tlister\Local Settings\Temporary Internet Files\Content.Outlook\QPAZMTU8\2012-016 911 and 912.doc ORDINANCE 2012-016 Hospitals - - P - - - - Medical and dental laboratory - P - P P - Home health care services - - P - P P - Specialty outpatient clinics - - P - P P - Veterinarian clinic - - - - A A A Wholesale Trade Durable goods (not including demolition - debris site 'unk ards rec clip center - - - - - P Nondurable goods - - - - - - P Recycling center (including vegetation - debris mulchin - - - - - A Retail Trade Convenience stores - - - P P P P Building materials and garden supplies - - - - - A P Paint, glass and wallpaper stores - - - - P P P Hardware stores - - - - P P P Retail nurseries and garden supplies - - - - P P P Model mobile home display - - - - - A P Mobile home trailer sales - - - - - - A General Merchandise Department stores - - - - A P - Variety stores - - - - A P - Flea market - - - - - - A Auction facilities, unenclosed - - - - - - A Auction facilities, enclosed - - - - - P P Used merchandise (including pawn - sho s _ - - P P P Food Stores Grocery stores - - - P P P - Meat and fish markets - - - P P P - Fruit and vegetable markets - - - P P P - Candy, nut and confectionery stores - - P P P P Dairy product stores - - - P P P - Retail bakeries - - - P P P - Automotive Dealers and Services New and used cars dealers - - - - - P P Used vehicle sales - - - - - S A Auto and home supply stores - - - - P P P Gasoline service stations - - - - A P P Boat sales and rentals - - - - - A P Recreational vehicle sales - - - - - A A Motorcycle dealers - - - - - P P Automotive fuel sales - - - A A P P Commercial marina - - - - - A P Marine repair and service - - - - - A P Apparel and Accessory Stores - - - P P P - Bold Underline: Additions to Ordinance 14 Stfik�,, @ thFOUgh: Deleted Text from Existing Ordinance C:\Documents and Settings\tlister\Local Settings\Temporary Internet Files\Content.Outlook\QPAZMTU8\2012-016 911 and 912.doc ORDINANCE 2012-016 Furniture and Home Furnishings Furniture and home furnishing stores - - - - A P P Small-scale home furnishings showrooms (excluding furniture and majorappliances) - A - - P P P Household appliance stores - - - - A P P Radio, television and computer stores - - - P P P - Eating and Drinking Establishments Restaurants - - A P P P P Carry out restaurants - A A P P P P Drive through restaurants - - - - - P P Bars and lounges - - - - S P P Bottle clubs - - - - - S A Miscellaneous Retail Drug stores - - P A P P - Liquor stores - - - P P P - Miscellaneous shopping goods - - - - P P - Florists - - P P P P - News stands - - P P P P Sporting goods - - - - P P Optical goods - - P P P P - Gift stores - - P P P P - Book and card store - - P P P P Catalogue and mail order house - - - - - P P Fuel Dealers - - - - - P P Food and Kindred Products - - - - - - P Fruit and vegetable packing houses - - - - - A A Fruit and vegetable juice extraction - - - - - - A Community Services Educational Services Educational centers including primary and secondary schools A A A A A - Colleges and universities - A A - A A - Libraries - A A - A A P P - Vocational, technical and business - P P P P P - Institutional Individual and family services - - P - P P - Job training services - - - - P P P Child care and adult care A A P A P P - Homes for aged, including nursing homes and rest homes - - A - S S Residential treatment center - - P - S S S Place of worship P P - - P P P Group homes (residential centers) - - P - S S S Adult congregate living facility (21+ residents) - - P - S S S Cultural and Civic Facilities P P A - P P - Bold Underline: Additions to Ordinance 15 Stfi#0 t#reug#t: Deleted Text from Existing Ordinance C:\Documents and Settings\tlister\Local Settings\Temporary Internet Files\Content.Outlook\QPAZMTU8\2012-016 911 and 912.doc ORDINANCE 2012-016 Civic and social membership organizations - - A - P P - Public Administration Government administrative buildings A P A P P P - Courts - - - - P P - Emergency services P P P P P P P L4 iies P P P P P P Industrial Printing and publishing P Machine shops - - - - - P Chemicals and Plastics Rubber and plastic footwear - - - - - - P Hose, belts, gaskets packing P Assembly production (not including manufacturing) - - - - - - P Transportation and communication Railroad/Bus Transportation Services Local and suburban transit - - - - - P P Trucking and courier services - - - - - - P Commercial warehousing and storage - - - - - - P Moving and storage - - - - - - P Trucking terminals - - - - - - P Self-service storage facilities - - - - S A P Outdoor storage - - - - - - A Vehicle storage lot (paved/unpaved)' - - - - - - P Post Office P P P P P P P Water transport services - - - - - - P Air transport services - - - - - - P Pipelines - - - - - - P Heli ort/heli ad - - S - - S - Recycling centers - - - - - - A Travel and tour agencies - P - - P P - Freight transport arrangement - P - - - P P Communications Telephone and telegraph - P - - P P P Radio and television broadcasting - P - - P P P Cable and pay T.V. - P - - P P P Communications towers (wireless facilities) A A A A A A A Communications towers (non -wireless facilities)4 Amateur radio (accessory use) Less than 80 feet P P P P P P P 80 feet or taller (see 971.44(4) for special criteria) S S S S S S S Commercial Up to 70 feet: Bold Underline: Additions to Ordinance 16 c. -w through: Deleted Text from Existing Ordinance C:\Documents and Settings\tlister\Local Settings\Temporary Internet Files\Content.Outlook\QPAZMTU8\2012-016 911 and 912.doc ORDINANCE 2012-016 Camouflaged P P P P P P P Non -camouflaged P P P P P P P 70 feet to 150 feet: Camouflaged A A A A A A A Monopole (minimum of 2 users) A A A A A A A Not camouflaged and not monopole S S S S S S S Over 150 feet: All tower types (see 971.44(1) for special criteria) - - - - - - - Public and private utilities, limited A A A A A A A Public and private utilities, heavy - - - - - - S Residential Uses Single-family dwelling P P - - - - Duplex P P - - - - - Multifamily dwelling P P A A A A - Accessory housing (watchman) - - - - - - P P = Permitted use A = Administrative permit use S = Special exception use 1 No industrial use shall be permitted in the CH district unless public sewer service is provided to the subject property. 2 The requirements of section 917.06(l 1), of the Accessory Uses and Structures Chapter, shall apply to towers less than 70'. 3 Standards for unpaved vehicle storage lots are found in section 954.08(6). 4Uses, such as limousine services= and construction offices, and contractors trades offices ., wouldnot be allowed within eet4ai zoning distfiets suehOCR, ffmt�-Lhall be considered general office uses and if the following conditions are met: - All types of vehicles [reference 911.15(3)(a)) kept on site shall be limited to those materials and types of vehicles allowed in residential areas, except that commercial vehicles completely screened from adjacent streets and properties_ shall be allowed to be kept on site. All commercial vehicles allowed to be kept on site shall be parked in designated paved spaces. - The number of vehicles used for business purposes and that meet the above condition and that are kept on site shall be limited to twenty-five (25) percent of the number of parking spaces required for the office use. - Except for vehicle parking, all uses shall be conducted within an office building. 5For wireless commercial facilities regulations, see section 971.44(5), Section 4 use table. Bold Underline: Additions to Ordinance 17 StMW tHreugl: Deleted Text from Existing Ordinance C:\Documents and Settings\tlister\Local Settings\Temporary Internet Files\Content.Outlook\QPAZMTU8\2012-016 911 and 912.doc ORDINANCE 2012-016 Industrial districts Section 911.11(4), Uses Bold Underline: Additions to Ordinance 18 StFi�„ke thFOUgh• Deleted Text from Existing Ordinance C:\Documents and Settings\tlister\Local Settings\Temporary Internet Files\Content.Outlook\QPAZMTU8\2012-016 911 and 912.doc District Use IL IG Agriculture Agricultural Production Crops Horticultural and landscape P P Plants and specialties Mulch products and services P P Kennels and animal boarding P P Services Farm labor and management services P P Landscape services P P Veterinary services P P Commercial fisheries P - Commercial Construction General building contractors P P Special trade contractors P P Personal Services Linen supply P - Carpet and upholstery cleaning P - Dry cleaning plants P - Crematoriums P - Auto Repair, Services and Parking Automobile parking and storage P - Automobile Repair Body and paint shops P P General automotive repair P P Carwashes P - Miscellaneous Repairs Electrical repair P P Reu holstery and furniture P P Welding P P Heavy machinery P P Social Services Job training services P P Wholesale Trade Durable goods not including demolition debris sitejunkyard3 reclefing ctnitrl P P Non -durable goods P P Auction facilities, unenclosed S - Flea market A - Reewlina center (includin2 ve etation debris mulchin A A Auto and home supply stores P - Gasoline service stations P S Boat dealers P ' Recreational vehicle dealers P - Bold Underline: Additions to Ordinance 18 StFi�„ke thFOUgh• Deleted Text from Existing Ordinance C:\Documents and Settings\tlister\Local Settings\Temporary Internet Files\Content.Outlook\QPAZMTU8\2012-016 911 and 912.doc ORDINANCE 2012-016 Motorcycle dealers P - Automobile sales (new and/or used) P - Automotive fluid sales and services (other thangasoline) - A Retail Trade Convenience stores P P Amusement and Recreation Enclosed commercial amusements ms dance studios P - Eating and Drinking Establishments Restaurants P - Take out restaurants P P Drive through P - Bars and lounges P - Bottle clubs P - Fuel dealers P P Adult entertainment facilities S S Marine -Related Commercial Activities Boat sales and rental P - Commercial marina P - Marine repair and services P P Industrial Manufacturing Food and kindred products P P Tobacco products P P Fruit and vegetable juice extraction A P Fruit and vegetable packing houses A P Textile products P P Lumber and wood P P Furniture and fixtures P P Paper manufacturing - P Printing and related support activities P P Chemicals - P Petroleum products P Rubber and plastics - P Tires P Rubber and plastic footwear P P Hose, belts, gaskets and packing P P Fabricated rubber products P P Drugs and pharmaceuticals P P Tanning and finishing - P Footwear P P Other leather goods P !PE Brick and tile - Glass and glass products P Cement and concrete products - P Other nonmetallic mineral products - P Primary metal industries P Bold Underline: Additions to Ordinance 19 St-'� thFG••g."r: Deleted Text from Existing Ordinance C:\Documents and Settings\tlister\Local Settings\Temporary Internet Files\Content.Outlook\QPALMTU8\2012-016 911 and 912.doc CIl ._ I IZ E M GIOXII&XIMI Fabricated metal products P P Machine shops P P Industrial machinery and equipment - P Electronic and other electric equipment P P Transportation equipment - P Instruments and related products P P Junk and salvage yards - S Demolition debris site - S Transportation and Utilities Airports/airstrips S S Heli orts/heli ads S S Railroad and bus transportation services P P Trucking and courier services P P Commercial warehousing & storage P P Moving and storage P P Trucking terminals P P Self storage P P Outdoor storage P P Vehicle storage lot (pave unpaved) P P Postal services P P Water transport services P - Air transport services P Pipelines P P Transportation Services Communications towers (wireless facilities includin cell towers A A Communications towers (non -wireless facilities including TV and radio broadcast towers Amateur radio (accessory use) Less than 80 feet P P 80 feet or taller (see 971.44(4) forspecial criteria) S S Commercial Up to 70 feet: Camouflaged P P Non -camouflaged P P 70 feet to 150 feet: Camouflaged A A Monopole (minimum of 2 users) A A Not camouflaged and not monopole A/S* A/S* Over 150 feet: All tower types (see 971.44(1) forspecial criteria) S S Freight transport arrangement P P Utilities Public and private utilities, heavy S S Gas services P P Electric services P P Water services P P Bold Underline: Additions to Ordinance 20 Strike Hhreu& Deleted Text from Existing Ordinance C:\Documents and Settings\tlister\Local Settings\Temporary Internet Files\Content.Outlook\QPAZMTU8\2012-016 911 and 912.doc ORDINANCE 2012-016 Sanitary services P P Irrigation systems P P Residential Uses Accessory housing (watchmen) A A Conservation districts Section 911.12(4), Uses Special districts R-BCID: Blue Cypress Improvement District Section 911.13(2)(b), Uses District Communications towers (wireless facilities including cell towers) Con -1 Con -2 Con -3 Utility Less than 80 feet P Communications towers (wireless facilities including cell towers)S S S S Communications towers (non -wireless facilities including TV and radio broadcast towers Camouflaged P Amateur radio (accessory use) - 70 feet to 150 feet: Less than 80 feet P P P 80 feet or taller (see 971.44(4) forspecial criteria) S S S Commercial - Up to 70 feet: Camouflaged P P P Non -camouflaged - - - 70 feet to 150 feet: Camouflaged A A A Monopole (minimum of 2 users) A A A Not camouflaged and not monopole A/S* - Over 150 feet: All tower types (see 971.44(1) for special criteria) Special districts R-BCID: Blue Cypress Improvement District Section 911.13(2)(b), Uses Bold Underline: Additions to Ordinance 21 Deleted Text from Existing Ordinance C:\Documents and Settings\tlister\Local Settings\Temporary Internet Files\Content.Outlook\QPA7-MTU8\2012-016 911 and 912.doc R-BCID Communications towers (wireless facilities including cell towers) A Communications towers (non -wireless facilities including TV and radio broadcast towers Amateur radio (accessory use) Less than 80 feet P 80 feet or taller (see 971.44(4) for special criteria) S Commercial Up to 70 feet: Camouflaged P Non -camouflaged - 70 feet to 150 feet: Camouflaged A Monopole (minimum of 2 users) - Not camouflaged and not monopole - Over 150 feet: All tower types (see 971.44(1) forspecial criteria) - Bold Underline: Additions to Ordinance 21 Deleted Text from Existing Ordinance C:\Documents and Settings\tlister\Local Settings\Temporary Internet Files\Content.Outlook\QPA7-MTU8\2012-016 911 and 912.doc ORDINANCE 2012-016 Special districts ROSE -4: Roseland Residential District Section 911.13(3)(c), Uses Special districts AIR 1: Airfield/residential district Section 911.13(4)(c), Uses ROSE -4 Utility Uses Communications towers (wireless facilities including cell towers)A P Communications towers (non -wireless facilities including TV and radio broadcast Lowers) S Amateur radio (accessory use) A Less than 80 feet P 80 feet or taller (see 971.44(4) for special criteria) S Commercial P Up to 70 feet: S Camouflaged P Non -camouflaged - 70 feet to 150 feet: Camouflaged A Monopole (minimum of 2 users) Not camouflaged and not monopole Over 150 feet: All tower types (see 971.44(1) forspecial criteria) - Special districts AIR 1: Airfield/residential district Section 911.13(4)(c), Uses Bold Underline: Additions to Ordinance 22 StFiW thfou& Deleted Text from Existing Ordinance C:\Documents and Settings\tlister\Local Settings\Temporary Internet Files\Content.Outlook\QPAZMTU8\2012-016 911 and 912.doc AIR -1 Transportation and Utility Uses Airstrips P Public and private utilities, limited S Communications towers (wireless facilities including cell towers) A Communications towers (non -wireless facilities including TV and radio broadcast towers Amateur radio (accessory use) Less than 80 feet P 80 feet or taller (see 971.44(4) for special criteria) S Commercial Up to 70 feet: Camouflaged Non -camouflaged - 70 feet to 150 feet: Camouflaged Monopole (minimum of 2 users) Not camouflaged and not monopole Over 150 feet: All tower types (see 971.44(1) forspecial criteria) - Bold Underline: Additions to Ordinance 22 StFiW thfou& Deleted Text from Existing Ordinance C:\Documents and Settings\tlister\Local Settings\Temporary Internet Files\Content.Outlook\QPAZMTU8\2012-016 911 and 912.doc ORDINANCE 2012-016 SECTION #5: Delete LDR Section 911.07(8) Required buffer yards, from the Single-family residential district: SECTION #6: Amend LDR Section 911.08(8), Required buffer yards, to read as follows: (8) Required buffer yards: Where a multi -family project in the RM -6, RM -8 or RM -10 district directiv adjoins a single-family zoning district, buffer yards shall be provided along the boundary between the multifamily project and the single-family zoning district. Buffer yards shall be located in common areas or separate_ buffer tracts, and are required along rear/side property lines, measured at right angles to lot lines, as follows: D A 4 2 U A 4 A DAT 6, RN4 4 and DAT 10 dist«ivt, 911.07(8). Appheations for multi family develalm Multifamily District Buffer Type RM -6 C--3 ft. Opaque r r C--3 ft. O a ue RM -10 C--3 ft. Opaque SECTION #6: Amend LDR Section 911.08(8), Required buffer yards, to read as follows: (8) Required buffer yards: Where a multi -family project in the RM -6, RM -8 or RM -10 district directiv adjoins a single-family zoning district, buffer yards shall be provided along the boundary between the multifamily project and the single-family zoning district. Buffer yards shall be located in common areas or separate_ buffer tracts, and are required along rear/side property lines, measured at right angles to lot lines, as follows: D A 4 2 U A 4 A DAT 6, RN4 4 and DAT 10 dist«ivt, 911.07(8). Appheations for multi family develalm Multifamily District Buffer Type RM -6 C--3 ft. Opaque RM -8 C--3 ft. O a ue RM -10 C--3 ft. Opaque MAN MWMN MI SECTION #6: Amend LDR Section 911.08(8), Required buffer yards, to read as follows: (8) Required buffer yards: Where a multi -family project in the RM -6, RM -8 or RM -10 district directiv adjoins a single-family zoning district, buffer yards shall be provided along the boundary between the multifamily project and the single-family zoning district. Buffer yards shall be located in common areas or separate_ buffer tracts, and are required along rear/side property lines, measured at right angles to lot lines, as follows: D A 4 2 U A 4 A DAT 6, RN4 4 and DAT 10 dist«ivt, 911.07(8). Appheations for multi family develalm Multifamily District Buffer Type RM -6 C--3 ft. Opaque RM -8 C--3 ft. O a ue RM -10 C--3 ft. Opaque Bold Underline: Additions to Ordinance 23 StFikO the"-^agh: Deleted Text from Existing Ordinance C:\Documents and Settings\tlister\Local Settings\Temporary Internet Files\Content.Outlook\QPAZMTU8\2012-016 911 and 912.doc ORDINANCE 2012-016 ea. Wall variation. Subdivision ordinance section 913.09(9)(c), design requirements for walls along roadways, shall apply in multi -family projects where walls are proposed along roadways. SECTION #7: Amend LDR Size and dimension criteria sections 911.06(6); 911.07(7); 911.08(7); 911.09(8); 911.10(7); 911.11(8); 911.12(6); 911.13(1)(f); 911.13(2)(e); 911.13(3)(h); 911.13(4)g), to read as follows: A. 911.06(6) (6) Size and dimension criteria: Regulation . M_. bill ma_ ON Will �• • RFD MIN -0 Maximum density du/gr.ac. 0.05 0.1 0.2 0.4 1 Minimum lot size sq. feet - - 430,000 200,000 85,000 40,000 Minimum lot width feet • 150 150 150 125 Minimum yard setback feet Front 30 30 30 30* 30* Side 30 30 30 30* 20* Rear ea. Wall variation. Subdivision ordinance section 913.09(9)(c), design requirements for walls along roadways, shall apply in multi -family projects where walls are proposed along roadways. SECTION #7: Amend LDR Size and dimension criteria sections 911.06(6); 911.07(7); 911.08(7); 911.09(8); 911.10(7); 911.11(8); 911.12(6); 911.13(1)(f); 911.13(2)(e); 911.13(3)(h); 911.13(4)g), to read as follows: A. 911.06(6) (6) Size and dimension criteria: Regulation Unit A-3 A-2 A-1 RFD RS -1 Maximum density du/gr.ac. 0.05 0.1 0.2 0.4 1 Minimum lot size sq. feet 870,000 430,000 200,000 85,000 40,000 Minimum lot width feet 150 150 150 150 125 Minimum yard setback feet Front 30 30 30 30* 30* Side 30 30 30 30* 20* Rear 30 30 30 30* 30* Maximum building height feet 135 35 35 35 35 Maximum building coverage % of lot 110 10 20 30 30 Bold Underline: Additions to Ordinance 24 S* - ."r: Deleted Text from Existing Ordinance C:\Documents and Settings\tlister\Local Settings\Temporary Internet Files\Content.Outlook\QPAZMTU8\2012-016 911 and 912.doc ORDINANCE 2012-016 Minimum open space I % of lot 1802 180260 50 150 Nonconforming lots of record lawfully created prior to April 11, 1985 shall meet the RS -6 yard requirements Legally created lots of record existing prior to June 18, 1991, in the A-1, A-2, and A-3 districts may be developed for one single-family dwelling each, regardless of density; provided all other regulations and codes are satisfied. These lots must meet requirements of the RS -1 district for the size and dimension criteria. For properties containing manmade bodies of water, the open water area may be excluded entirely from the open space calculation (e.g. excluded from gross area and from open sace area credit). *Note: A one -foot additional setback is required for every one (1) foot in building height over twenty-five (25) feet in building height. For example, a building or portion of a building that has a thirty -five-foot building height, as defined in the land development regulations, must have an additional ten -foot setback from any adjacent front, side, or rear property line to that portion of the building that exceeds twenty-five (25) feet in building height. Maximum FAR (Floor Area Ratio): • Retail trade 0.23 FAR • Office, business/personal services, recreational, schools, institutional 0.35 FAR • Industrial, storage, wholesale/distribution, utilities, heavy repair 0.50 FAR B. 911.07(7) (7) Size and dimension criteria: Regulation Unit RS -2 RS -3 RS -6 RT -6 Maximum density d.u./gr.ac. 2 3 6 6 Minimum lot size square feet SF 16,000 12,000 7,000 7,000 Duplex 12,000 Minimum lot width feet 100 80 170 70 Minimum yard feet Front* 25 25 20 20 Side* 15 15 10 10 Rear* 25 25 20 20 Maximum building height feet 35 35 35 35 Maximum building coverage' percent of lot 25 30 30/40* 35/40* Minimum open sace percent of lot 40 40 40 40 1 Nonconforming lots of record lawfully created prior to June 18, 1991 shall meet the RS -6 yard requirements. 2 In no case shall the density exceed the maximum permitted gross density. 3 Maximum building coverage for single -story detached single-family homes in RS -6 and RT -6 is forty (40) percent. For purposes of this regulation, single -story homes shall not include any habitable floor area situated more than three (3) feet above the main ground floor elevation. Maximum building coverage for all other types of buildings is thirty (30) percent in RS -6, thirty-five (35) percent in RT -6. Bold Underline: Additions to Ordinance 25 Stfike-thFOUglr Deleted Text from Existing Ordinance C:\Documents and Settings\tlister\Local Settings\Temporary Internet Files\Content.Outlook\QPAZMTU8\2012-016 911 and 912.doc ORDINANCE 2012-016 *Note: A one -foot additional setback is required for every one (1) foot in building height over twenty-five (25) feet in building height. For example, a building or portion of a building that has a thirty -five-foot building height, as defined in the land development regulations, must have an additional ten -foot setback from any adjacent front, side, or rear property line to that portion of the building that exceeds twenty-five (25) feet in building height. Maximum FAR (Floor Area Ratio): • Retail trade 0.23 FAR • Office, business/personal services, recreational, schools, institutional 0.35 FAR • Industrial, storap-e, wholesale/distribution, utilities, heavy repair 0.50 FAR C. 911.08(7) (7) Size and dimension criteria: Regulation Unit RM -3 RM -4 RM -6 RM -8 RM -10 Maximum density d.u./gr.ac. 3 4 6 8 10 Minimum lot size SF s .feet 12,000 10,000 7,000 7,000 7,000 MF and Duplex 24,000 20,000 12,000 10,000 10,000 Minimum lot width feet 80 80 70 70 70 Minimum yard feet Front 25 25 25 25 25 Side 102 107 1 02 102 10 Rear 252 25 25 25 25 Maximum building hei ht feet 35 35 35 35 35 Maximum building co percent of lot SF 30 30 30/40 30/40 30/40 MF/Duplex 25 25 25 25 25 Minimum open space percent of lot 40 40 40 30 30 1 In no case shall maximum density be exceeded 2 One (1) foot additional yard for each two (2) feet in height over twenty-five (25) feet in building height shall apply. Also, the RS -6 yard requirements shall apply to RM -3, RM -4, RM -6 RM -8, and RM -10 zoned nonconforming lots of record lawfully created prior to June 18, 1991. 3 Maximum building coverage for single -story detached single-family homes in RM -6, RM -8, and RM -10 is forty (40) percent. For purposes of this regulation, single -story homes shall not include any habitable floor area situated more than three (3) feet above the main ground floor elevation. Maximum building coverage for all other types of buildings in RM -6, RM -8, and RM -10 is thirty (30) percent. Maximum FAR (Floor Area Ratio): • Retail trade 0.23 FAR • Office, business/personal services, recreational, schools, institutional 0.35 FAR • Industrial, storaze, wholesale/distribution, utilities, heavy repair 0.50 FAR Bold Underline: Additions to Ordinance 26 Strike thFOUgh: Deleted Text from Existing Ordinance C:\Documents and Settings\tlister\Local Settings\Temporary Internet Files\Content.Outlook\QPAZMTU8\2012-016 911 and 912.doc ORDINANCE 2012-016 D. 911.09(8) (8) Size and dimension criteria: Regulation Unit RMH-6 RMH-8 Maximum density d.u. per gross acre 6.0 8.0 Minimum lot size sq. feet 7,000 5,000 Minimum lot width 10,000 10,000 10,000 SF feet 70 50 Minimum yard feet 100 100 Front 20 20 Side 101 10 Rear 25 20 20 Maximum building height feet 35 35 Maximum building coverage 25 20 20 Mobile home percent of lot 40 40 Other 20 30 30 Minimum open space ercent of gross area 135 135 Minimum district size I acre 120 120 'Except that side yards for mobile home parks in existence prior to April 11, 1985, (regardless of current zoning), shall be established as follows: Every mobile home residence shall be located on a space so that no living space is closer than twenty (20) feet to any adjacent living space and no accessory structure shall be located closer than ten (10) feet to any other structure on an adjoining space. An accessory open carport or a combination open carport/storage shed structure may be located within three (3) feet of a structure on an adjoining park space if the accessory structure is on a park space having an area of less than five thousand (5,000) square feet and if the park space was lawfully established prior to site plan or permitting requirements or was created in accordance with site plan and permitting requirements in effect at the time of the park space establishment. Maximum FAR (Floor Area Ratio): • Retail trade 0.23 FAR • Office, business/personal services, recreational, schools, institutional 0.35 FAR • Industrial, storage, wholesale/distribution, utilities, heavy repair 0.50 FAR E. 911.10(7) (7) Size and dimension criteria: Bold Underline: Additions to Ordinance 27 Strike through: Deleted Text from Existing Ordinance C:\Documents and Settings\tlister\Local Settings\Temporary Internet Files\Content.Outlook\QPAZMTU8\2012-016 911 and 912.doc PRO OCR MED CN CL CG CH Min. Lot Sizes . ft. 10,000 10,000 20,000 20,000 10,000 10,000 10,000 Min. Lot Width ft. 100 100 100 100 100 100 100 Min. Yards ft. Front 25 25 25 25 25 25 25 Rear 25 20 20 20 10 10 10 Side 20 20 20 20 10 10 10 Max. Coverage % 35 40 40 40 140 40 40 Bold Underline: Additions to Ordinance 27 Strike through: Deleted Text from Existing Ordinance C:\Documents and Settings\tlister\Local Settings\Temporary Internet Files\Content.Outlook\QPAZMTU8\2012-016 911 and 912.doc ORDINANCE 2012-016 Min. Open Space % 35 35 30 30 25 25 20 Max. Building Height ft. 35 35 35 35 35 35 35 Residential District Regulations RM -6 RM -6 RM -8 RM -8 RM -8 RM -8 RM -8 Hotel and motel minimum square feet of land area per unit - 1200 1200 - 1200 1200 - Notes: Yards - Front Yards abutting S.R. 60 shall be seventy-five (75) feet; Rear Yards (CH only) 0 if abutting FEC Railroad; Side Yards (CL, CG, CH) 0 if abutting a nonresidential use with interconnected parking and approved access easement 0 if abutting FEC Railroad (CH only). Height - See section 911.15 for exceptions. Maximum FAR (Floor Area Ratio): • Retail trade 0.23 FAR • Office, business/personal services, recreational, schools, institutional 0.35 FAR • Industrial, storage, wholesale/distribution, utilities, heavy repair 0.50 FAR F. 911.11(8) (8) Size and dimension criteria: Regulation Unit of Measure IL IG Minimum Lot Size sq. ft. 15,000 15,000 Minimum Lot Width ft. 100 100 Minimum Yard ft. Front 25 25 Side* 10 10 Rear* 20/0 20/0 Maximum Bldg. Coverage percent 40 40 Minimum Open Space percent 15 15 Maximum Building Ht. ft. 135 135 *No rear yard or side yard required where the rear property line or side property line abuts a FEC Railroad. Maximum FAR (Floor Area Ratio): • Retail trade 0.23 FAR • Office, business/personal services, recreational, schools, institutional 0.35 FAR • Industrial, storage, wholesale/distribution, utilities, heavy repair 0.50 FAR Bold Underline: Additions to Ordinance 28 StfiW threUghi Deleted Text from Existing Ordinance C:\Documents and Settings\tlister\Local Settings\Temporary Internet Files\Content.Outlook\QPA7-MTU8\2012-016 911 and 912.doc ORDINANCE 2012-016 G. 911.12(6) (6) Size and dimension criteria: Legally created lots of record existing prior to June 18, 1991, in the Con -2 and Con -3 districts, may be developed for one (1) single-family dwelling each, regardless of density; provided all other land development regulation provisions are satisfied. Single-family dwelling construction on these lots must meet the size and dimension requirements of the RS -1 district. *Note: A one -foot additional setback is required for every one (1) foot in building height over twenty-five (25) feet in building height. For example, a building or portion of a building that has a thirty -five-foot building height, as defined in the land development regulations, must have an additional ten -foot setback from any adjacent front, side, or rear property line to that portion of the building that exceeds twenty-five (25) feet in building height. Maximum FAR (Floor Area Ratio): • Retail trade 0.23 FAR • Office, business/personal services, recreational, schools, institutional 0.35 FAR • Industrial, storage, wholesale/distribution, utilities, heavy repair 0.50 FAR H. 911.13(1)(f) (f) Size and dimension criteria: CRVP ZONING DISTRICT Zoning District Regulation CRVP District Maximum Density 14 Regulation Unit of Measure Con -1 Con -2 Con -3 Maximum Density d.u./gr. acre - .025 0.4 Minimum Lot Size acres - 40 21/2 Minimum Lot Width feet - 500 150 Minimum Yards feet Front* 50 50 50 Rear* 50 50 50 Side* 50 20 20 Maximum Building height feet 35 35 35 Maximum Lot Coverage percent - 10 20 Minimum Open Space percent - 80 170 Legally created lots of record existing prior to June 18, 1991, in the Con -2 and Con -3 districts, may be developed for one (1) single-family dwelling each, regardless of density; provided all other land development regulation provisions are satisfied. Single-family dwelling construction on these lots must meet the size and dimension requirements of the RS -1 district. *Note: A one -foot additional setback is required for every one (1) foot in building height over twenty-five (25) feet in building height. For example, a building or portion of a building that has a thirty -five-foot building height, as defined in the land development regulations, must have an additional ten -foot setback from any adjacent front, side, or rear property line to that portion of the building that exceeds twenty-five (25) feet in building height. Maximum FAR (Floor Area Ratio): • Retail trade 0.23 FAR • Office, business/personal services, recreational, schools, institutional 0.35 FAR • Industrial, storage, wholesale/distribution, utilities, heavy repair 0.50 FAR H. 911.13(1)(f) (f) Size and dimension criteria: CRVP ZONING DISTRICT Zoning District Regulation CRVP Unit of Measure Maximum Density 14 units/acre Minimums ace size 2,000 sq. feet Minimums ace width 32 feet Minimum and feet Front 20 Side 10 Rear 10 Acc. structure 6' from nearest adjacent RV Bold Underline: Additions to Ordinance 29 Stfike r: Deleted Text from Existing Ordinance C:\Documents and Settings\tlister\Local Settings\Temporary Internet Files\Content.Outlook\QPAZMTU8\2012-016 911 and 912.doc ORDINANCE 2012-016 Maximum lot coverage 40 percent of space Minimum open sace 25 percent of space Maximum building height 35 feet Minimum district size 8 gross acres 'Note: Setbacks and separation distances for mobile homes shall be the same as those in the RMH-8 district. For RVs within unplatted RV parks, the following separation distances between RVs shall apply: a. Side-to-side: 10 feet. b. End-to-side: 8 feet. End-to-end: 6 feet. Maximum FAR (Floor Area Ratio): • Retail trade 0.23 FAR • Office, business/personal services, recreational, schools, institutional 0.35 FAR • Industrial, storage, wholesale/distribution, utilities, heavy repair 0.50 FAR I. 911.13(2)(e) (e) Size and dimension criteria. BCID: Blue Cypress Improvement District Zoning District Regulation BCID Unit of Measure Maximum density 10 d.u. per gross acre Minimum lot size 3600 square feet Minimum lot width 60 feet Minimum yard Front 10 Side 5 feet Rear/waterfront 0 Maximum building height 35 feet Maximum lot coverage 40 percent of lot Minimum open sace area 35 percent of gross Minimum district size 10 gross acres 'Maximum density is limited to one residential unit per lot as shown on the unplatted subdivision of Blue Cypress Fishing Club, located in Township 22 South, Range 36 East, Fellsmere Farms Subdivision, Indian River County Official Record Book 453, pg. 310. Maximum FAR (Floor Area Ratio): • Retail trade 0.23 FAR • Office, business/personal services, recreational, schools, institutional 0.35 FAR • Industrial, storaite, wholesale/distribution, utilities, heavy repair 0.50 FAR Bold Underline: Additions to Ordinance 30 S'mMEO thFOUgh: Deleted Text from Existing Ordinance C:\Documents and Settings\tlister\Local Settings\Temporary Internet Files\Content.Outlook\QPAZMTU8\2012-016 911 and 912.doc ORDINANCE 2012-016 J. 911.13(3)(h) (h) Size and dimension criteria: ROSE -4 DISTRICT Regulation Size Unit of Measure Maximum density 4.0 d.u. per gross acre Minimum lot size 10,000 square feet Minimum lot width 70 feet Minimum yard du acre 1:5 Front* 20 3:1 Side* 10 feet Rear* 20 20,000 Maximum building height 35 feet Maximum lot coverage 30 percent of lot Minimum opens ace area 35 percent ofgr7,::,,:d Minimum district size 20 gross acres *Note: A one -foot additional setback is required for every one (1) foot in building height over twenty-five (25) feet in building height. For example, a building or portion of a building that has a thirty -five-foot building height, as defined in the land development regulations, must have an additional ten -foot setback from any adjacent front, side, or rear property line to that portion of the building that exceeds twenty-five (25) feet in building height. Maximum FAR (Floor Area Ratio): • Retail trade 0.23 FAR • Office, business/personal services, recreational, schools, institutional 0.35 FAR • Industrial, storage, wholesale/distribution, utilities, heavy repair 0.50 FAR K. 911.13(4)(g) (g) Size and dimension criteria: Regulation Unit of Measure Land Use AG -1 AG -2 R L-1 Maximum density du acre 1:5 1:10 1:1 3:1 Minimum lot size sq. ft. 200,000 430,000 40,000 20,000 Minimum lot width feet 150 150 125 120 Maximum building height feet 35 35 35 35 Minimum yard feet Front* 30 30 30 25 Side* Residence* 30 30 20 15 Hangar/Gars e* 10 10 10 10 Rear* Residence* 30 30 30 25 Hangar/Garage 10 10 10 10 Bold Underline: Additions to Ordinance 31 Strike threughi Deleted Text from Existing Ordinance C:\Documents and Settings\tlister\Local Settings\Temporary Internet Files\Content.Outlook\QPAZMTU8\2012-016 911 and 912.doc ORDINANCE 2012-016 Maximum lot coverage % of lot 20 10 30 30 Minimum open sace % of lot 80 80 50 40 'Size and Dimension Criteria for AG -3 are the same as AG -2; the only difference is in the maximum density and minimum lot size. Maximum density for AG -3 is 1 unit/20 acres, and minimum lot size is 870,000 sq. ft. 2Air-1 is allowed only within areas where airstrips existed prior to February 13, 1990. *Note: A one -foot additional setback is required for every one (1) foot in building height over twenty-five (25) feet in building height. For example, a building or portion of a building that has a thirty -five-foot building height, as defined in the land development regulations, must have an additional ten -foot setback from any adjacent front, side, or rear property line to that portion of the building that exceeds twenty-five (25) feet in building height. Maximum FAR (Floor Area Ratio): • Retail trade 0.23 FAR • Office, business/personal services, recreational, schools, institutional 0.35 FAR • Industrial, storage, wholesale/distribution, utilities, heavy repair 0.50 FAR SECTION #8: Amend LDR Section 911.10(8), Required buffer yards, to read as follows: (8) Required buffer yards: Buffer yards are required along rear/side property lines and measured at right angles to lot lines. All screening and buffering requirements shall meet the standards established in section 926, Landscaping and buffering. No parking or loading shall be permitted within buffer yards. When a loading dock is proposed to serve a use that normally requires frequent deek use deliveries (e.g. grocery store, department store, big box retail), and when the loading dock is to be located adjacent to a residentially designated site, and when the loading dock will not be screened from view from an adjacent residential site by an intervening building or structure, and eight -ice foot high wall shall be required between the loading dock and the residential site. Wall height shall be measured from the grade elevation of the parking area adjacent to the loading dock. Plantings along the wall are required in accordance with the standards of landscape section 926.08. Bold Underline: Additions to Ordinance 32 StfikO t#Feu& Deleted Text from Existing Ordinance C:\Documents and Settings\tlister\Local Settings\Temporary Internet Files\Content.Outlook\QPAZMTU8\2012-016 911 and 912.doc Abutting Use/District District Single -Family Buffer Type Multi -Family Buffer Type PRO C- 6 ft. Opaque D C- 3 ft. Opaque OCR C- 6 ft. Opaque D C- 3 ft. Opaque MED C-6ft. Opaque D ft. Opaque CN B-6ft. Opaque C-6ft. Opaque CL B-6ft. Opaque C-6ft. Opaque CG B-6ft. Opaque C-6ft. Opaque CH B-6ft. Opaque B-6ft. Opaque Buffer yards are required along rear/side property lines and measured at right angles to lot lines. All screening and buffering requirements shall meet the standards established in section 926, Landscaping and buffering. No parking or loading shall be permitted within buffer yards. When a loading dock is proposed to serve a use that normally requires frequent deek use deliveries (e.g. grocery store, department store, big box retail), and when the loading dock is to be located adjacent to a residentially designated site, and when the loading dock will not be screened from view from an adjacent residential site by an intervening building or structure, and eight -ice foot high wall shall be required between the loading dock and the residential site. Wall height shall be measured from the grade elevation of the parking area adjacent to the loading dock. Plantings along the wall are required in accordance with the standards of landscape section 926.08. Bold Underline: Additions to Ordinance 32 StfikO t#Feu& Deleted Text from Existing Ordinance C:\Documents and Settings\tlister\Local Settings\Temporary Internet Files\Content.Outlook\QPAZMTU8\2012-016 911 and 912.doc ORDINANCE 2012-016 SECTION #9: Amend LDR Section 911.10(9), Special district requirements, to read as follows: (a) PRO --Professional office district. Location and land use. a. The PRO district may be established in areas designated as L-1, L-2, M-1, M-2 or commercial on the future land use map. b. The PRO district may be established on residentially designated land if located on an arterial or collector road as identified in the comprehensive plan. 2. District size. The PRO district shall have a minimum district size of five (5) acres and a maximum district size of twenty-five (25) acres. The PRO district may be reduced to two and one-half (2 1/2) acres if the parcel(s) under consideration to be zoned PRO satisfies all of the following criteria: a. The parcel(s) abuts a commercial node or corridor; and b. The parcel(s) is located within a substantially developed area; and C. The parcel(s) is located in an area dominated by nonresidential uses. 3. District depth. The PRO district shall have a maximum district depth of three hundred (300) feet, measured from the adjacent collector and/or arterial roadway. The maximum depth may exceed three hundred (300) feet for platted lots of record where the majority of the lot is within three hundred (300) feet of the collector on arterial roadway. (b) CN --Neighborhood commercial district. Land use and location. The CN, neighborhood commercial= district, has been may be established on land various sites throughout the county that are designated AG -1, AG -2, AG -3, R, L-1, L-2, M-1 or M-2 on the future land use map. No new CN neighborhood commercial districts shall be established, and no existing CN district shall be expanded. 11 Ile established within one mil -e of a+i-y existing Ne new neighbeFheed node shffi. - -- eelleeter-, or- subdivisien feeder- read. All distanees ffem -existing nod -es shall be line and shall be appkable to prepeffies on 1— 1 - one mile separ-a4ion r-equifefnen4 up +- ten "' 0" eat, or- five hundred twenty eight Bold Underline: Additions to Ordinance 33 StFike-thwu& Deleted Text from Existing Ordinance C:\Documents and Settings\tlister\Local Settings\Temporary Internet Files\Conten[.Outlook\QPAZMTU8\2012-016 911 and 912.doc ORDINANCE 2012-016 a. The Pfoposed fiede is leeated A4thia an area having a land use designation of b The level of se e on 11 roadways all d d +or- d + 4 the V proposed will node ifief be dev mgr -a ed , e. The er-ea4ien of the node sha4l not ifter-ease the potential for- str-i. de of o � „+. -'"W-=7 . ............... OW W - MONNIM-10-T-MOMPUMM RM M-9 MMMMMY Q. Allowable uses. Uses allowed within a neighborhood node shall be detef., ifie,l ''• those uses allowed within the neighborhood commercial (CN) zoning district. Bold Underline: Additions to Ordinance 34 Strike through Deleted Text from Existing Ordinance C:\Documents and Settings\tlister\Local Settings\Temporary Internet Files\Content.Outlook\QPAZMTU8\2012-016 911 and 912.doc ORDINANCE 2012-016 addition, neighbor eounty eemmissionefs shall -vethe -hood nede upen crrcvm-c- date -vr approval may be tefmina4ed abanderxrtent of eenstmeti the eiaiiiuire.. ......... rezoned by the beafd e the i,..,t,.,..y .., _,... Eighteen (18) preps ty ce repert on the fnenths after- CN, the eon:ffnuaity -development -ef a neighbefheed node is established development depaftfneat the node. The by r-ez shall sehedol.- whethef of building pefmit rep ft will not a site plan has has been issued indiea4e—whether- been submitted or- appr-eved and maif4ained for- the pr-epeFty. or- —not --there has been and whether- er- not a Mer-eever-, th-e interest ffem othe« r + t1. a1 � otv approval for s (6) . „4b.. if the L ea fda n. «� deeidesto distriet_: rr tefmina4e thenede-appreial, the pianning staff shall-iaitiate-e SECTION #10: Amend LDR Section 911.14(4), Density bonus, to read as follows: (4) Density bonus. (a) Affordable housing. Residential developments may receive a density bonus not to exceed twenty (20) percent of the density permitted by the applicable zoning district. For the purpose of this section, an affordable dwelling unit shall be a dwelling unit which: a. Has a market value less than two and a half (2_L/2) times the county's annual median household income for Indian River County as established by the Florida Housing Finance Corporation; or b. Has a monthly rent less than one -twelfth ( 1/12) times thirty (30) percent of eighty (80) percent of the county's annual median household income for Indian River County as established by the Florida Housing Finance Corporation. 2. Affordable dwelling units provided in compliance with this section, regardless of whether or not the affordable dwelling units are part of a planned development project, shall comply with the following requirements: a. The affordable dwelling unit shall remain available as an affordable dwelling unit for the following periods: i. Owner -occupied units shall remain affordable dwelling units for a period of not less than twenty (20) years commencing on the first day following the issuance of a certificate of occupancy, or equivalent final building inspection, for the unit. Bold Underline: Additions to Ordinance 35 Stfike 1Hreug#t Deleted Text from Existing Ordinance C:\Documents and Settings\tlister\Local Settings\Temporary Internet Files\Content.Outlook\QPAZMTU8\2012-016 911 and 912.doc ORDINANCE 2012-016 ii. Renter -occupied units shall remain affordable dwelling units for a period of not less than fifteen (15) years commencing on the first day following the issuance of a certificate of occupancy, or equivalent final building inspection, for the unit; b. Initial occupancy of an owner -occupied affordable dwelling unit shall be by a household classified as very low-income, low-income or moderate -income whereby the classification is verified by the Indian River County Community Development Department or an agency, either public or private, designated by the community development department or by any state or federal public agencies. C. Households occupying an affordable housing rental unit shall be classified as very low, low, or moderate -income households whereby the classification is verified by the Indian River County Community Development Department, or its designee or by any state or federal public agency, prior to the household's occupancy of the unit. While occupying the affordable housing rental unit, a household's annual adjusted gross income may increase to an amount not to exceed one hundred forty (140) percent of one hundred twenty (120) percent of the county's median household income adjusted for household size. d. With respect to owner -occupied affordable dwelling units provided under the provisions of the section: The owner -occupant's household annual adjusted gross median income may increase without limit following the household's purchase of the affordable dwelling unit; and ii. Resale of an affordable dwelling unit by the initial owner or any subsequent owner shall be subject to one of the following provisions: a. If the purchasing household is not verified to be either a very low, or low income household, then the selling household shall be subject to providing a cash payment of the original loan amount and applicable interest, to the Indian River County Local Housing Assistance Trust Fund. b. If the purchasing household is verified to be either a very low, or low income household, then the selling household shall not be required to provide any payment. e. For projects utilizing the provision of on-site or off-site affordable dwelling units, no certificate for occupancy for a market rate priced dwelling unit shall be issued unless the ratio of market rate dwelling units certified for occupancy to affordable dwelling units certified for occupancy is equal to or greater than the overall project's approved ratio of market rate dwelling units to affordable dwelling units. Bold Underline: Additions to Ordinance 36 Strike threnghi Deleted Text from Existing Ordinance C:\Documents and Settings\tlister\Local Settings\Temporary Internet Files\Content.Outlook\QPAZMTU8\2012-016 911 and 912.doc ORDINANCE 2012-016 f. Prior to the issuance of a certificate of occupancy for the affordable dwelling unit(s), a separate private deed covenant, entitled a "restriction on transfer," shall be filed in the public records of Indian River County. The covenant shall be subject to review and approval by county staff in order to verify compliance with the requirements of this section, and the covenant shall: Identify the subject unit as an affordable dwelling unit and specify that at no time may the identified unit be utilized as a model home, construction office or other non-residential occupancy use; and ii. Identify the units corresponding fifteen- or twenty-year affordability timeframe; and iii. Identify that the initial owner and each subsequent owner of an owner - occupied affordable dwelling unit must satisfy and comply with the re- sale provision of the county's local housing assistance plan; and iv. Identify the Board of County Commissioners of Indian River County or its community development department or as its designee, as the agency with enforcement and verification authority to enforce the terms of the covenant, and as the contact agency for closing agents to obtain estoppel letters; and V. Identify any additional terms or conditions relating to the provision of the affordable dwelling unit as established by the Board of County Commissioners via its review and approval of the corresponding planned development approval. vi. Specify that monitoring the occupancy of the affordable dwelling unit shall be included in the compliance monitoring activities of the county's local housing assistance program, or a suitable substitute determined by the Indian River County Board of County Commissioners. vii. Specify that no provision of the restrictive covenant may be amended without the consent of the Board of County Commissioners of Indian River County. An applicant may obtain a development density bonus for a planned development project in compliance with one of the following options: a. An applicant may obtain a density bonus by providing affordable dwelling units within the residential development project which will utilize the density bonus. For development projects utilizing the on-site affordable dwelling unit density bonus, the affordable housing density bonus shall be determined as indicated in the following table: Bold Underline: Additions to Ordinance 37 Stfike H3reag#r: Deleted Text from Existing Ordinance C:\Documents and Settings\tlister\Local Settings\Temporary Internet Files\Content.Outlook\QPAZMTU8\2012-016 911 and 912.doc ORDINANCE 2012-016 Very Low Income Density Bonus Additional Density Bonus for Providing Range of Possible (VLI) and Low (Percent increase in Additional Buffer and Landscaping based Density Bonus Income (LI) allowable units). on one of the following options (percent Percentage (Percent Affordable Units as increase in allowable units) increase in Percentage of allowable units) Project's Total Units Option I Option II Material equal to a Material equal to a 15' wide Type C 24L25' wide Type B buffer* with 6' buffer* with 6' opaque feature opaque feature along residential along residential district boundaries district boundaries and 4' opaque and 4' opaque feature along feature along roadways roadways More than 30% 10% 5% or 10% 10--20% *Buffer types are identified in Chapter 926 of the county's Land Development Regulations b. An applicant may obtain a density bonus by providing affordable dwelling units off-site from the residential development project which will utilize the density bonus. For development projects utilizing the off-site affordable dwelling unit density bonus, the affordable housing density bonus shall be determined as follows: The percentage of density bonus shall be one-half ( 1/2) of the applicable density bonus as determined for on-site affordable housing projects as provided in the above table. SECTION #11: Amend LDR Section 911.14, Planned development districts by adding new 911.14(5) and renumbering old number 911.14(5) to 911.14(6): (5) Proiects consisting of non-contiguous properties. A PD zoning district proiect may include non- contimus properties as long as each property is included within the PD district associated with the proiect, or rezulated by recorded restrictions in favor of the county if lyina within a municipality. (45) M Approval procedure and other requirements. All planned developments shall be reviewed consistent with the requirements of Chapter 915, Planned Development. SECTION #12: Amend LDR Section 911.15(2), General provisions, to read as follows: Bold Underline: Additions to Ordinance 38 Deleted Text from Existing Ordinance C:\Documents and Settings\tlister\Local Settings\Temporary Internet Files\Content.Outlook\QPAZMTU8\2012-016 911 and 912.doc ORDINANCE 2012-016 (2) Yard encroachments. Every part of a required yard shall be open and unobstructed from the ground to the sky, except as hereinafter provided or as otherwise permitted in this ordinance. No structure shall be erected within any easement, except as specifically authorized by this ordinance. (a) Structural overhangs. Cornices, awnings, eaves, gutters or other similar structural overhangs, at least seven (7) feet above grade, may extend up to four (4) feet into any required yard, provided that no such overhang shall extend to within six (6) feet of any property line. (b) Sills and belt courses. Sills, belt courses and similar ornamental features may extend six (6) inches into any required yard. (c) Air conditioners and similar mechanical equipment. Air conditioning equipment, sprinkler system controls and similar mechanical equipment (including utility pad mounted equipment) may project into any required yard provided that the equipment is mounted sees adiacent to the building. (d) Fire escapes, outside stairways, balconies, chimneys and other similar appurtenances. Open or enclosed fire escapes, outside stairways, balconies, and chimneys and flues may project up to four (4) feet into any required yard, provided such projections shall not unduly obstruct light and ventilation. (e) Docks and accessory waterfront structures. Docks and other permitted accessory waterfront structures are allowed within required yards, excluding required side yards. (f) Swimming pools and related structures. Swimming pools. No swimming pool shall be located closer than ten (10) feet to any rear property line or within any easement for utilities, drainage or access. 2. Special yard situations. a. On multi -frontage lots with one yard which abuts a road right-of-way classified as an arterial road on the county's thoroughfare plan map, no swimming pool shall be located closer than ten (10) feet to the property line abutting the arterial road, or within any easement for utilities, drainage, or access, provided that the yard adjacent to the arterial road is not the yard providing the main entrance to the lot. b. On lots where no rear yard, as defined in the zoning code, exists having a width at least one-half ( 1/2) the applicable minimum lot width, one side yard or side yard area may be designated by the property owner as a "rear yard" for purposes of applying the regulations contained within this section. 3. Pool decks and patios. No deck or patio constructed in conjunction with any swimming pool shall be located within an easement or closer than five (5) feet to any property line. Bold Underline: Additions to Ordinance 39 StFiliO Deleted Text from Existing Ordinance C:\Documents and Settings\tlister\Local Settings\Temporary Internet Files\Content.Outlook\QPAZMTU8\2012-016 911 and 912.doc ORDINANCE 2012-016 4. Pool enclosures. No screen enclosures for swimming pools shall be located within an easement or closer than ten (10) feet to: the rear property line on interior lots, the rear or side property line on corner and multi -frontage lots. For purposes of this paragraph, yards which are not adjacent to the main entrance of the lot, but which abut a road classified as an arterial road on the county's thoroughfare plan map shall be considered rear yards. Pool enclosures shall not encroach on the required rear yard on either double frontage lots or corner lots if the rear yard abuts or faces the front yard providing the main entrance to another lot. (g) Play equipment, lights, outdoor furniture. Play equipment, wires, lights, outdoor furniture, mailboxes, ornamental entry columns and gates, and outdoor equipment are allowed within required yards. (h) Unenclosed porches, steps and paved terraces. An unroofed porch, steps or paved terrace area may project into the front yard for a distance not to exceed ten (10) feet. (i) Gasoline pumps, canopies, and islands. Gasoline pumps and pump islands, associated with either a service station or as an accessory facility, may be located within a front yard, provided they are located no closer than fifteen (15) feet to any public right-of-way. Canopies for the gasoline pumps shall stand alone, independent and unconnected to any other structure on the site. Structural supports for the canopy shall not be located closer than fifteen (15) feet to any public right-of-way and overhanging portions of the canopy shall not be extended closer than ten (10) feet to any public right-of-way. 0) Walls and fences. Fences and walls are allowed within required yards, subject to the provisions of Chapter 917, Accessory Uses and Structures. (k) Utility buildings. Utility buildings or sheds of one hundred (100) square feet or less may be located within a required side or rear yard, provided a minimum of five (5) feet is maintained from the side or rear property line and clear of all easements. Only one such utility building or shed may be allowed to encroach into a required yard on a single lot or parcel of land. A utility building or shed (one hundred (100) square feet or less) that is to be located to within five (5) feet of a side or rear property line shall be located no closer than ten (10) feet to the principal structure and shall not exceed the height of the principal structure. (Refer to Chapter 917 regulations for accessory storage buildings.) (1) Parking areas and driveways. Where off-street parking is required pursuant to Chapter 954, Parking, such off-street parking area may encroach into the required front yard setbacks, providing that the encroachment does not extend into a required landscape buffer along the street frontage pursuant to the Indian River County landscape ordinance, Chapter 926. Parking areas and driveways are allowed to encroach within required side yards of multifamily residential and nonresidential districts. Also, within multi -family residential and non-residential districts, parking areas and driveways may encroach within required rear yards of corner lots. On single-family zoned lots, driveways must be located a minimum of five (5) feet from a side or rear lot line (on corner lots) at the point of intersection with the right-of- way. Driveways may come within two (2) feet of a side lot line, subject to the above referenced five-foot minimum setback at the right-of-way line. On corner and other multi - Bold Underline: Additions to Ordinance 40 Stfike thFougt: Deleted Text from Existing Ordinance C:\Documents and Settings\tlister\Local Settings\Temporary Internet Files\Content.Outlook\QPAZMTU8\2012-016 911 and 912.doc ORDINANCE 2012-016 frontage lots, driveways may come within two (2) feet of a rear lot line, subject to the above referenced five-foot minimum setback at the right-of-way line. Common or shared driveways may be located across lot lines and within sideyard setbacks when located within recorded cross -access easements. (m) Sidewalks. Sidewalks, pedestrian paths, and recreational courts and similar on -grade improvements formally shared between owners of abutting properties, may are allowed to encroach within required yards. (n) Planters. Planters for flowers and shrubs may be extended up to four (4) feet into any required yard setback provided that the planter is constructed in a manner contiguous to the building. (o) [Structures exempted from yard requirements.] The following structures shall be exempted from the minimum yard requirements: underground utility equipments, clothes lines, flag poles, mail boxes, police call boxes, traffic signals, fire hydrants, light poles, or any similar structure or device as approved by the community development director. (p) [Dune cross over structures.] Dune crossover structures serving one parcel shall be allowed to be located within five (5) feet of a side property line. Crossover structures shared by two (2) adjacent parcels may be located on and over the common boundary between the two (2) adjacent parcels if located in a common beach access easement. No crossover structure shall be located within any easement other than a beach access easement. (q) Screening enclosures, patios, and decks. No screening enclosures, patios, or decks shall be located closer than ten (10) five 5 feet to any rear property line or within any easement for utilities, drainage, or access. (r) Dumpsters. Dumpsters are allowed to encroach within required side yard setbacks in the same manner as allowable parking encroachments as set forth in section 911.15(2)(1). Notwithstanding the requirements of section 911.15(2), all dumpsters must be screened. (s) Compost piles. Compost piles are allowed to be located within rearyard setback areas but may not be located within easements unless written consent is granted by the holder of the dominant estate. (t) Building entry/exit landings. An unenclosed building entry/exit landing located adiacent to a building may project up to five (5) feet into any required yard but shall not project into an easement. (u) Generators and associated above ground fuel tanks (permanent facilities). 1. Above ground fuel tanks having a capacity in excess of five hundred (500) gallons are subject to the requirements of 917.06(1). 2. A generator or above ground fuel tank not located within five (5) feet of a building may be located no closer than ten (10) feet from a side or rear property line. Bold Underline: Additions to Ordinance 41 Stfike Hhrea& Deleted Text from Existing Ordinance C:\Documents and Settings\tlister\Local Settings\Temporary Internet Files\Content.Outlook\QPAZMTU8\2012-016 911 and 912.doc ORDINANCE 2012-016 3. Where allowed by applicable building and fire codes, a generator or fuel tank located within five (5) feet of a building may be allowed within five (5) feet of any side or rear property line. For a legally created lot of record that is less than seventy (70) feet wide, a generator or fuel tank may be located no closer than two and a half (2.5) feet from a side or rear property line where allowed by applicable building and fire codes. 4. A generator or above ground fuel tank may be allowed to encroach up to five (5) feet into a required front yard setback. 5. Generators and above ground fuel tanks shall be screened from adjacent neighboring side and rear yards by a four (4) foot tall opaque feature which may consist of existing or planted vegetation, a wall, a fence, or other improvements approved by the Planning Division. 6. No generator or fuel tank (above ground tank or below ground tank) shall be located within a public right-of-way or drainage and/or utility easement. SECTION #13: Amend LDR Section 912.05(3), Accessory uses and structures, to read as follows: (3) Accessory uses and structures. (A) Uses and structures accessory to a single-family dwelling may be allowed upon a property as provided for by the definition of accessory use and accessory structure in Chapter 901; these definitions are as follows: Accessory use a use which: (a) Is clearly incidental to, customarily found in association with, and serves a principal use; (b) Is subordinate in purpose, area, and extent to the principal use served; and (c) Is located on the same lot as the principal use, or on an adjoining lot in the same ownership as that of the principal use. Accessory structure a structure which is customarily associated with, subordinate in size and incidental in use to the principal structure and located on the same site. Examples are tool sheds and garages. (B) Allowable accessory structures include, but are not limited to, the following: Air conditioners and similar mechanical equipment; 2. Docks and accessory waterfront structures (piers, observation platforms, and other similar structures); Bold Underline: Additions to Ordinance 42 StFi thwu ."r: Deleted Text from Existing Ordinance C:\Documents and Settings\tlister\Local Settings\Temporary Internet Piles\Content.Outlook\QPA7-MTU8\2012-016 911 and 912.doc ORDINANCE 2012-016 3. Swimming pools and related structures; 4. Play equipment, tree houses, lights, outdoor furniture and mailboxes; 5. Patios, terraces, porches, walkways, gazebos, decks; 6. Walls and fences; 7. Garages, carports; 8. Utility buildings, workrooms, sheds; 9. Parking areas and driveways; 10. Sidewalks; 11. Steps; 12. Balconies, outside stairways; 13. Guest cottages, servants quarters;* 14. Satellite dishes and antennas;* 15. Greenhouses;* 16. Fuel tanks (noncommercial); 17. Transmission and/or reception towers seventy (70) feet or shorter in height;* 18. Dune crossover structures.* 19. Tennis courts* *Note: These uses/structures must meet specific zoning requirements found in section 912.15 of this chapter. (C) Prohibited accessory structures include but are not limited to: 1. Transmission towers over seventy (70) in height; 2. Any structure or facility used for commercial or industrial processes or storage of stock in trade. SECTION #14• Amend LDR Section 912.05(6), Home occupations, to read as follows: Bold Underline: Additions to Ordinance 43 StFikO thFOUghi Deleted Text from Existing Ordinance C:\Documents and Settings\tlister\Local Settings\Temporary Internet Files\Content.Outlook\QPAZMTU8\2012-016 911 and 912.doc ORDINANCE 2012-016 (6) Home occupations. (A) Authorizations. Home occupations are permitted in any dwelling unit subject to the following provisions: (B) Authorized home occupations. The following home occupations shall be permitted uses, subject to the requirements of this section and the respective zoning district. 1. Artists and sculptors; 2. Authors and composers; 3. Dressmakers, seamstresses and tailors; 4. Computer programming; 5. Home crafts, such as model making, rug weaving, lapidary work, and ceramics; 6. Office facility of a minister, rabbi, priest or other similar person associated with a religious organization; 7. Office facility of a salesman, sales representative, or manufacturers representative, provided that no retail in person or wholesale transactions are made on the premises, and that no clients are attracted to the premises; 8. Telephone answering services; 9. The renting of not more than one room for rooming or boarding persons who are not transients; 10. Similar uses which do not involve in person retail or wholesale sales transactions on the premises, employment of persons on the premises other than occupants of the dwelling, and any mass production assembly, processing, or fabrication operations -1 11. Child care service for 5 or fewer children who are not related to the operator; 12. Realtors; 13. Licensed contractors. (C) Non -authorized home occupations. The following are not permissible home occupations: 1. Automotive repair or paint shops; 2. Barber shops and beauty shops; 3. Child care centers for more than 5 children who are not related to the operator; Bold Underline: Additions to Ordinance 44 Stfike threes Deleted Text from Existing Ordinance C:\Documents and Settings\tlister\Local Settings\Temporary Internet Files\Content.Outlook\QPAZMTU8\2012-016 911 and 912.doc ORDINANCE 2012-016 4. Dog grooming services; 5. Food service establishments; 6. Funeral chapels, funeral homes; 7. Giftshops; Massage parlors; 9. Nursing homes; 10. Medical or dental laboratories; 11. Outdoor repair; 12. Rental of any equipment or other items; 13. Restaurants; 14. Veterinary hospitals and clinics; 15. Similar uses not strictly in compliance with this section and the spirit and intent of the zoning ordinance and the Indian River County Comprehensive Plan. SECTION #15: Amend LDR Section 912.07(1)(B)(6), Setbacks for certain types of structures, to read as follows: 6. [Setbacks for certain types of structures.] Setbacks for certain types of structures are reduced or waived, in accordance with the "yard encroachment" provisions of Chapter 911, Zoning. The following yard encroachments are allowed. a. Structural overhangs. Cornices, awnings, eaves, gutters or other similar structural overhangs, at least seven (7) feet above grade, may extend up to four (4) feet into any required yard, provided that no such overhang shall extend to within six (6) feet of any property line. b. Sills and belt courses. Sills, belt courses and similar ornamental features may extend six (6) inches into any required yard. C. Air conditioners and similar mechanical equipment. Air conditioning equipment, sprinkler system controls and similar mechanical equipment (including utility pad mounted equipment) may project into any required yard provided that the equipment is mounted in adjacent to the building. Bold Underline: Additions to Ordinance 45 Stfike thMugh: Deleted Text from Existing Ordinance C:\Documents and Settings\tlister\Local Settings\Temporary Internet Files\Content.Outlook\QPAZMTU8\2012-016 911 and 912.doc ORDINANCE 2012-016 d. Fire escapes, outside stairways, balconies, chimneys and other similar appurtenances. Open or enclosed fire escapes, outside stairways, balconies, and chimneys and flues may project up to four (4) feet into any required yard, provided such projections shall not unduly obstruct light and ventilation. e. Docks and accessory waterfront structures. Docks and other permitted accessory waterfront structures are allowed within required yards, excluding required side yards. f. Swimming pools and related structures. (I) Swimming pools. No swimming pool shall be located closer than ten (10) feet to any rear property line or within any easement for utilities, drainage or access. (II) Special yard situations. a. On corner lots with one yard which abuts a road right-of-way classified as an arterial road on the county's thoroughfare plan map, no swimming pool shall be located closer than ten (10) feet to the property line abutting the arterial road, or within any easement for utilities, drainage, or access, provided that the yard adjacent to the arterial road is not the yard providing the main entrance to the lot. b. On lots where no rear yard, as defined in Chapter 911, Zoning, exists having a width at least one-half ( 1/2) the applicable minimum lot width, one side yard or side yard area may be designated by the property owner as a "rear yard" for the purposes of applying the regulations contained within this section. (III) Pool decks and patios. No deck or patio constructed in conjunction with any swimming pool shall be located within an easement or closer than five (5) feet to any property line. (IV) Pool enclosures. No screen enclosures for swimming pools shall be located within an easement or closer than ten (10) feet to the rear property line on interior or corner lots. For purposes of this paragraph, yards which are not adjacent to the main entrance of the lot, but which abut a road classified as an arterial road on the county's thoroughfare plan map shall be considered rear yards. Pool enclosures shall not encroach on the required rear yard on either double frontage lots or corner lots if the rear yard abuts or faces the front yard providing the main entrance to another lot. g. Play equipment, lights, outdoor furniture. Play equipment, wires, lights, outdoor furniture, mailboxes, ornamental entry columns and gates, and outdoor equipment are allowed within required yards. Bold Underline: Additions to Ordinance 46 StME0 threogl: Deleted Text from Existing Ordinance C:\Documents and Settings\tlister\Local Settings\Temporary Internet Files\Content.Outlook\QPAZMTU8\2012-016 911 and 912.doc ORDINANCE 2012-016 h. Unenclosed porches, steps and paved terraces. An unroofed porch, steps or paved terrace area may project into the front yard for a distance not to exceed ten (10) feet. Walls and fences. Fences and walls are allowed within required yards, subject to the provisions of Chapter 917, Accessory Uses and Structures. j. Utility buildings. Utility buildings or sheds of one hundred (100) square feet or less may be located within a required side or rear yard, provided a minimum of five (5) feet is maintained from the side or rear property line and the utility building or shed is clear of all easements. Only one such utility building or shed may be allowed to encroach into a required yard on a single lot or parcel of land. A utility building or shed (one hundred (100) square feet or less) that is to be located to within five (5) feet of a side or rear property line shall be located no closer than ten (10) feet to the principal structure and shall not exceed the height of the principal structure. (Refer to Chapter 917 regulations for accessory storage buildings.) k. [Driveways on single-family lots.] On single-family zoned lots, driveways must be located a minimum of five (5) feet from the nearest side lot line at the point of intersection with the right-of-way. Driveways may come within two (2) feet of a side or rear lot line, subject to the above referenced five-foot minimum setback at the right-of-way line. On corner and other multi -frontage lots, driveways may come within two (2) feet of a rear lot line, subject to the above referenced five-foot minimum setback at the right-of-way line. Common or shared driveways may be located across lot lines and within sideyard setbacks when located within recorded cross -access easements. 1. Sidewalks. Sidewalks, pedestrian paths, and recreational courts and similar on -grade improvements formally shared between owners of abutting properties, may are allowed encroach within required yards. M. Planters. Planters for flowers and shrubs may be extended up to four (4) feet into any required yard setback provided that the planter is constructed in a manner contiguous to the building. n. [Exemptions.] The following structures shall be exempted from the minimum yard requirements: underground utility equipment, clothes lines, flag poles, mailboxes, police call boxes, traffic signals, fire hydrants, light poles, or any similar structure or device as approved by the community development director. o. [Dune crossover structures.] Dune crossover structures serving one parcel shall be allowed to be located to within five (5) feet of a side property line. Crossover structures shared by two (2) adjacent parcels may be located on and over the common boundary between the two (2) parcels if located in a common beach access easement. No crossover structure shall be allowed to be located within any easement other than a beach access easement. Bold Underline: Additions to Ordinance 47 Ce thfough: Deleted Text from Existing Ordinance C:\Documents and Settings\tlister\Local Settings\Temporary Internet Files\Content.Outlook\QPAZMTU8\2012-016 911 and 912.doc ORDINANCE 2012-016 P. Screening enclosures, patios, and decks. No screening enclosures, patios, or decks shall be located closer than ten five 5 feet to any rear property line or within any easement for utilities, drainage, or access. Compost piles. Compost piles are allowed to be located within rearyard setback areas but may not be located within easements unless written consent is granted r. Tennis Courts. Tennis Courts shall not encroach into any required yards. They must meet or exceed the minimum building setback for the applicable zoning district, unless the court is formally shared by owners of abutting properties in which case no setback is required. S. Building entry/exit landings. A building entry/exit landing located adjacent to a building may project up to five (5) feet into any required yard but shall not project into an easement. t. Generators and associated above ground fuel tanks (permanent facilities). (I) Above ground fuel tanks having a capacity in excess of five hundred (500) gallons are subject to the requirements of 917.06(1). (II) A generator or above ground fuel tank not located within five (5) feet of a building may be located no closer than ten (10) feet from a side or rear property line. (III) Where allowed by applicable building and fire codes, a generator or fuel tank located within five (5) feet of a building may be allowed within five (5) feet of any side or rear property line. For a legally created lot of record that is less than seventy (70) feet wide, a generator or fuel tank may be located no closer than two and a half (2.5) feet from a side or rear Property line where allowed by applicable building and fire codes. (IV) A generator or above ground fuel tank may be allowed to encroach up to five (5) feet into a required front yard setback. (V) Generators and above ground tanks shall be screened from adiacent neighboring side and rear yards by a four (4) foot opaque feature which may consist of existing or planted vegetation, a wall, a fence, or other improvements approved by the Planning Division. (VI) No generator or fuel tank (above ground tank or below ground tank) shall be located within a public right-of-way or drainage and/or utility easement. Bold Underline: Additions to Ordinance 48 StAke thFeugh:: Deleted Text from Existing Ordinance C:\Documents and Settings\tlister\Local Settings\Temporary Internet Files\Content.Outlook\QPAZMTU8\2012-016 911 and 912.doc ORDINANCE 2012-016 SECTION #16: Amend LDR Section 912.15, Accessory uses and structures, to read as follows: (1) [Generally.] Specific requirements apply to the following accessory uses as follows: (a) Guest cottages and servants quarters are allowed in the single-family zoning districts as speeial ex *'"^ administrative permit uses that can be approved at a staff level, subject to site plan review and meeting Chapter 971 specific land use criteria for guest cottages and servants quarters., , r o and zoning and the board of eett iiener-s an final approval by the board of ee isioner-s. Speeial er-iter-ia afe ��d in Chapter- 971, Speeifie Land Use (2) Antennas. (a) Dish antenna location restrictions. To reduce the negative aesthetic impacts of dish antenna visibility from streets and surrounding properties, no dish antenna exceeding one meter in diameter shall be located between any building and any front or side property line except on corner lots which do not have a rear yard in which case the dish may be placed in the side yard. (b) Screening dish antenna from residential districts. All dish antennas exceeding one meter in diameter located within a residential district or which abut a residential district shall provide for opaque screening approved by the community development director to reduce the negative aesthetic impacts of dish antenna visibility from streets and surrounding properties. The screening materials shall be located and of a quality (e.g. landscaping, panels that provide screening but allow signals to be received or transmitted) that shields the proposed antenna from view of persons standing at ground level on surrounding properties and rights-of-way and allows for signal reception. The location and specification of all screening materials shall be approved by the director of community development. (c) Antennas attached to existing structures. Antennas attached to existing, legally constructed structures shall be treated as a permitted use for a height of up to one hundred ten (I 10) percent of the height of the existing structure to which the antenna is being attached. (d) The following screening and design requirements shall apply to commercial antenna attachments: (1) Equipment buildings or shelters accessory to antenna facilities shall be limited to a height of fifteen (15) feet and shall, in developed areas, have color and finish materials that are compatible with the main building(s) on the same development site, and shall, in undeveloped areas, have colors that match the natural surroundings. (2) Roof mounted antennas extending vertically ten (10) feet above the building height shall be set back from the building edge (facade) a distance equal to the antenna height. Bold Underline: Additions to Ordinance 49 mtFike tth-mss": Deleted Text from Existing Ordinance C:\Documents and Settings\tlister\Local Settings\Temporary Internet Files\Content.Outlook\QPAZMTU8\2012-016 911 and 912.doc ORDINANCE 2012-016 (3) Roof and building mounted antennas shall be located and/or screened so as to minimize the visual impact from adjacent roads and properties. (4) Antennas mounts on building facades shall project out from the facade no more than four (4) feet, and shall cover no more than fifty (50) square feet of facade area. No facade area limitation shall apply where antennas are completely screened from view (from adjacent roads and properties) by material(s) matching the building exterior. (3) [Greenhouses.] Greenhouses (noncommercial) are, by definition, strictly for the personal enjoyment of the property owner. No special approval for a greenhouse is needed if it does not exceed two hundred (200) square feet in area. Only a building permit, issued by the building division, is required. All normal setbacks apply. (a) Greenhouses (noncommercial) over two hundred (200) square feet in size are allowed by administrative permit approval which requires site plan review and approval by the planning and zoning commission. Special criteria, found in Chapter 971, Specific Land Use Criteria, must be satisfied by the site plan/administrative permit application. NOTE: in no case shall the area of the noncommercial greenhouse exceed five (5) percent of the area of the site. (4) Communications towers. Additional amateur radio communications tower criteria are found in section 971.44(4). (a) Amateur radio towers up to eighty (80) feet in height shall meet applicable zoning district building setbacks. Guy anchorage shall be set back at least five (5) feet from property lines. (b) In residential zoning districts, towers must be accessory to an approved, principal site use and shall meet standard building code requirements for structures. (c) Proposals for amateur radio towers which are eighty (80) feet or more in height must be reviewed as a special exception use, as specified in Chapter 911 and Chapter 971. (d) Towers shall meet the airport zoning ordinance requirements (see section 911.17). (e) Additional requirements relating to towers may be found in Chapter 911, 917, and 971. (5) Beach access dune crossover structures. (a) DNR as well as county approval of such structure is required. (b) Such structures shall be wood -pile supported and elevated twenty-four (24) to thirty (30) inches above dune vegetation. (c) Such structures shall be limited to one per single-family parcel unless otherwise approved pursuant to Chapter 932, Coastal Management. Bold Underline: Additions to Ordinance 50 Stfi!W thfau lr: Deleted Text from Existing Ordinance C:\Documents and Settings\tlister\Local Settings\Temporary Internet Files\Content.Outlook\QPAZMTU8\2012-016 911 and 912.doc ORDINANCE 2012-016 Further information and specifications are contained in Chapter 932, Coastal Management. (6) Tennis Courts. Tennis Courts shall not encroach into any required yards. They must meet or exceed the minimum building setback for the applicable zoning district, unless the court is formally shared by owners of abutting properties in which case no setback is required. SECTION #17: 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 #18: 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 #19: 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 #20: 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 Vice Chairman Peter D. O'Bryan Ave Commissioner Bob Solari Aye Commissioner Wesley S. Davis Ave Commissioner Joseph E. Flescher Ave Bold Underline: Additions to Ordinance 51 8#4ke4hfeugl-: Deleted Text from Existing Ordinance C:\Documents and Settings\tlister\Desktop\2012-016 911 and 912.doe .' MIBs"I'll" co s rQ• ••wrwrw r•rrr ORDINANCE 2012- 016 BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY BY:2'_n� d1Z4'& Gary C. Whee r, Chairman ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller BY: ,.c. Deputy Clerk This ordinance was filed with the Department of State on the following date: APPROVED AS TO FORM AND LEGAL SUFFICIENCY // %lan S. olacl< lCh, Sr., County Attorney APPROVED AS TO PLANNING MATTERS Robert M. Keating, AICP; lopment Director Bold Underline: Additions to Ordinance 52 &ti#e thfough, Deleted Text from Existing Ordinance F:ACommunity DevelopmentAUsers\CurDevAOrdinances\2012\7-10-12 BCC (PH2) LDRs\2012- 911 and 912.doc