HomeMy WebLinkAbout2012-024ORDINANCE 2012-024
AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA CONCERNING AMENDMENTS
TO ITS LAND DEVELOPMENT REGULATIONS (LDRs); PROVIDING FOR AMENDMENTS
TO CHAPTER 912, SINGLE-FAMILY DEVELOPMENT, AND CHAPTER 917, ACCESSORY
USES AND STRUCTURES, BY AMENDING FENCES AND WALLS SECTION 912.14, AND
SPECIFIC ACCESSORY USES AND STRUCTURES SECTION 917.06(12); AND BY
PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; CODIFICATION;
SEVERABILITY; AND EFFECTIVE DATE.
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER
COUNTY, FLORIDA THAT THE INDIAN RIVER COUNTY LAND DEVELOPMENT
REGULATIONS (LDRS) CHAPTER 912, SINGLE-FAMILY DEVELOPMENT, AND
CHAPTER 917, ACCESSORY USES AND STRUCTURES, BE AMENDED AS FOLLOWS:
SECTION #1:
Amend LDR Section 912.14, Fences and walls, to read as follows:
No walls or fences may be erected or replaced without first obtaining a permit issued by the
building division.
(1) Location. -Wwalls and fences came shall not be placed or replaced
within road rights-of-way or within eAiy type efa drainage or utility easements
except as provided below.
(a) [GeneU^!h� -Subject to easements and height restrictions specified herein,
walls and/or fences may be located up to or on a propertythat allows for-
>7 t,
afing" of a wall and/or fen
(b) Height of walls and fences. Height of walls and fences shall be the vertical
distance from the grade of the lot at the wall or fence location to the top
of the wall or fence. If the wall or fence is to be located on a berm or fill
added above the finished lot grade, then the height of the berm or added
fill shall be included in the height of the wall or fence.
Walls or fences located outside of required front, side, and rear yard
setback areas are subiect to the building height regulation applicable to
the property on which the wall or fence is located.
1. Front yard. Walls and fFences not exceeding forty-eight (48) inches
in height may be erected in the front yard of any lot.
2. Side yard. Walls and fFences not exceeding six (6) feet in height may
be erected in the side yard of any lot provided they do not extend
beyond into the required front yard setback area4ne and are not
erected within a drainage or utility easement unless a covenant
for removal of the wall or fence has been approved by the County.
Bold Underline: Additions to Ordinance 1
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ORDINANCE 2012-024
3. Rear yard. Walls and fFences not exceeding six (6) feet in height
may be erected in the rear yard of any lot within a zoning district,
provided that no wall or fence shall be erected in a drainage or
utility easement unless a covenant for removal of the wall or fence
has been approved by the County.
Fenees net exeeeding six (6) feet in height may be er-eeted 111 the
fr-
ya-rd of any eofner- lot when that yard does not provide the m
epAranee
eVllt`t
read t the g fine plan map The following are
1
exceptions to the maximum wall and fence height requirements
provided in sub -sections 1 through 3 above that may be approved
by the Community Development Director or his designee upon a
finding that the fence or wall will be visually compatible with the
surrounding area (neighborhood).
a A wall or fence up to six (6) feet in height may be erected
in the front yard setback area of a multi -frontage lot
where the lot abuts a collector or arterial road classified on
the county's thoroughfare plan map and the main access to
the lot is not from the collector or arterial road.
b A wall or fence that replaces a wall or fence previously
approved by the county, where the replacement wall or
fence does not exceed the approved height of the original
wall or fence and meets conditions placed on the original
wall or fence approval, if any.
C. A wall or fence up to five (5) feet in height may be located
within the front yard setback area if the wall or fence is
placed five (5) feet or more from the front property line.
The height of the wall or fence may be increased to six (6)
feet if vegetation or a vegetated berm is preserved or
installed between the wall or fence and the front property
line in a manner that visually screens at least 20% of the
total area of the wall or fence/berm.
d A wall or fence up to eight (8) feet in height, or higher than
eight (8) feet where necessary to buffer noise from an
arterial roadway or other source of significant noise, may
be erected in a required side or rear yard setback area
upon issuance of an administrative approval and a
determination by the Community Development director or
his designee that additional wall or fence height is justified
due to grade differences of adjacent residences or to
provide adequate buffering between a residential and non-
residential use or source of significant noise.
Bold Underline: Additions to Ordinance L
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ORDINANCE 2012-024
e. Gates, posts, columns, and similar wall or fence
appurtenances may exceed the maximum fence or wall
height by up to two (2) feet.
f. All fences in agricultural districts and temporary fences
used at construction -sites for the purpose of security shall
be exempt from the height provisions of this section,
provided corner visibility is maintained.
If mandatory approval by an architectural control or review board having
authority in the neighborhood or subdivision is required for a proposed wall or
fence exceeding the maximum height requirements in sub -sections 1 through 3
above, then the results of the architectural review shall be submitted to the
Community Development department prior to approval or denial of the wall or
fence, and any such architectural review results shall be given substantial
weight in the county's approval process.
In addition, the Community Development director or his designee is authorized
to attach conditions to approval of a height exception to ensure compliance with
these regulations.
(c) Prohibited walls and fences; residential districts. No barbed wire, electrical
element, or other hazardous materials shall be maintained as a fence or part
of a fence or wall in a residential district, except as provided for barbed
wire fencing in section (d), below.
•existing
r- Tl,Y •tI a f the s all / o plating t., t e rY^• et4y and—
Bold
d
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ORDINANCE 2012-024
Emn MMIM I a; - z
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(d) Barbed wire fences Barbed wire fences are allowed anywhere on an
agriculturally zoned parcel and on lots within any non-agricultural
zoning district if the fence is located outside of the required front, aji e,
and rear yard setback area of the lot. Within _industrial or commercial
zoning districts, barbed wire fences may be allowed within required
front, side, and rear yard setback areas, subiect to site plan approval,
where needed for security and designed to be visually compatible with
the surrounding area Within residential zoning districts, barbed wire
fences may be allowed within required front, side, and rear setback
areas, subject to site plan approval, if the proposed barbed wire fence:
1 Is necessary to maintain an allowable agricultural use (e.g. horse
pasture); and
2 Abuts a residentially zoned property that has a lot area of at least
40,000 square feet, or is physically separated from abutting
residentially zoned property by a ditch/canal, heavily vegetated
area, wall, or similar structure.
SECTION #2:
Amend LDR Section 917.06(12), Walls and fences, to read as follows:
(12) Walls and fences.
(A) GeneraFences and walls shall not be constructed on or over any dedicated public
drainage or utility easements or public rights-of-way, except:
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ORDINANCE 2012-024
In agricultural districts where such walls and fences may be authorized upon
written consent of the public authority to which the easement is dedicated, or
2. Where a covenant for removal of structure request has been approved by the
county, or
Where public works department approval has been granted or a right-of-way
permit has been issued for placement of a structure(s) within an easement or
right-of-way.
(B) Height of walls and fences. Height of walls and fences shall be the vertical distance
from the grade of the lot at the wall or fence location to the top of the wall or fence.
If the wall or fence is to be located on a berm or fill added above the finished lot
grade, then the height of the berm or added fill shall be included in the height of the
wall or fence.
Walls or fences located outside of required front, side, and rear yard setback
areas are subiect to the building height regulation applicable to the property on
which the wall or fence is located.
Front yard. Walls and fFences not exceeding forty-eight (48) inches in
height may be erected in the front yard of any lot.
2. Side yard. Walls and ffences not exceeding six (6) feet in height may be
erected in the side yard of any lot provided they do not extend beyond into
the required front yard setback arealine and area not erected within a
drainage and utility easement unless a covenant for removal of the wall
or fence has been approved by the county.
3. Rear yard. Walls and fFences not exceeding six (6) feet in height may be
erected in the rear yard of any lot within a zoning district, provided that no
wall or fence shall be erected in a drainage or utility easement unless a
covenant for removal of the wall or fence has been approved by the
county.
4 r&eapti^Ns1 The following are exceptions to the maximum wall and
fence height requirements provided in sub -sections 1 through 3
above.Fenees net D •`.F ( )feet in height"Tnay=ncTrcczcdiil the ffe
yafd of any multi ffentage lot when that yard 4ees not previde the M
en4r-anee to +l- lot .1 is .1 + to a .,rl ..lam il;e llV<+ 1
VLL
higher- in the eounty's thoreughfafe plan map.
a A wall or fence up to six (6) feet in height may be erected in the
front yard setback area of a multi -frontage lot where the lot abuts
a collector or arterial road classified on the county's thoroughfare
plan map and the main access to the lot is not from the collector
or arterial road.
Bold Underline: Additions to Ordinance 5
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ORDINANCE 2012-024
b. A wall or fence that replaces a wall or fence previously approved
by the county, where the replacement wall or fence does not
exceed the approved height of the original wall or fence and meets
conditions placed on the original wall or fence approval, if any.
C. A wall or fence up to five (5) feet in height may be located within
a front yard setback area if the wall or fence is placed five (5) feet
or more from the front property. The height of the wall or fence
may be increased to six (6) feet if vegetation or a vegetated berm
is preserved or installed between the wall or fence and the front
property line in a manner that will visually screen at least 20% of
the total area of the wall or fence/berm.
d. A wall or fence up to eight (8) feet in height, or higher than eight
(8) feet where necessary to buffer noise from an arterial roadway
or other source of significant noise, may be erected in a required
side or rear yard setback area upon issuance of an administrative
approval and a determination by the Community Development
director or his designee that additional wall or fence height is
justified due to grade differences of adjacent residences or to
provide adequate buffering between a residential and non-
residential use or source of significant noise.
e. Gates, posts, columns, and similar wall or fence appurtenances
may exceed the maximum fence or wall height by up to two (2)
feet.
L All fences in agricultural districts and temporary fences used at
construction -sites for the purpose of security shall be exempt
from the height provisions of this section, provided corner
visibility is maintained.
If mandatory annroval by an architectural control or review board havin
authority in the neighborhood or subdivision is required for a proposed wall or
fence exceeding the maximum height requirements in sub -sections 1 through 3
above, then the results of the architectural review shall be submitted to the
Community Development department prior to approval or denial of the wall or
fence, and anv such architectural review results shall be given substantial
weight in the county's approval process.
(C) Prohibited walls and fences; residential districts. No barbed wire, electrical element,
or other hazardous materials shall be maintained as a fence or part of a fence or wall
in a residential district, except as provided for barbed wire fencing in section (D),
below.
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ORDINANCE 2012-024
a. The number- of existing--{ialls/€enees leeoted—on suffounding
properties-,
"MMMIJUNIPIN-9M 01
(D) Barbed wire fences. Barbed wire fences are allowed anywhere on an
agriculturally zoned parcel and on lots within any non-agricultural zoning
district if the fence is located outside the required front, side, and rear yard
setback areas of the lot. Within industrial or commercial zoning districts,
barbed wire fences may be allowed within required front, side, and rear yard
setback areas, subject to site plan approval, where needed for security and
designed to be visually compatible with the surrounding area. Within
residential zoning districts, barbed wire fences may be allowed within required
front, side, and rear setback areas, subiect to site plan approval, if the proposed
barbed wire fence:
Bold Underline: Additions to Ordinance 7
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ORDINANCE 2012-024
1. Is necessary to maintain an allowable agricultural use (e.g. horse
pasture); and
2. Abuts a residentially zoned property that has a lot area of at least 40,000
square feet, or is physically separated from abutting residentially zoned
property by a ditch/canal, heavily vegetated area, wall, or similar
structure.
(FE) Use of easements; removal agreement.
"aminhg*u„*;•. Staff approval. No fence or wall shall be built in a utility or
drainage easement without prior .,a.,. inist-Fat ve staff level approval from the
planning division. Upon request for such .,ari,;.,;st-r- i.ve staff level approval,
the division shall contact all present or intended users of the easement within
which a fence approval has been requested to determine if the construction of
such fence or wall conflicts with use of the easement. Based upon this
information, the division may approve, deny or approve with conditions any
requests.
2. Application and fee. Request for administrative approval shall require the
applicant to submit an application and fee to the planning division. The
application shall be available from the planning division. The fee will be
established by the board of county commissioners.
3. Removal agreement. No fence or wall shall be approved for construction in a
drainage or utility easement unless the owner of the underlying fee property
shall first execute a removal agreement to be recorded in the public records,
providing for preservation of the use of the easement. The removal agreement
shall be in the nature of a covenant running with the land in favor of the
parties to whom the easements have been dedicated. The covenant shall bind
the owner and all successors to bear the expense of any removal or alterations
of the fence or wall if such removal or alterations are determined necessary to
make use of the easement, and the covenant shall provide a hold harmless
clause applicable to the county or any other entity removing the fence or
wall, pursuant to terms of the agreement, in order to make lawful use of the
easement. The cost of recording the covenant shall be borne by the applicant.
SECTION 93: SEVERABILITY.
If any clause, section or provision of this Ordinance shall be declared by a court of competent
jurisdiction to be unconstitutional or invalid for any cause or reason, the same shall be eliminated
from this Ordinance and the remaining portion of this Ordinance shall be in full force and effect and
be as valid as if such invalid portion thereof had not been incorporated therein.
SECTION #4: REPEAL OF CONFLICTING ORDINANCES.
The provisions of any other Indian River County ordinance that are inconsistent or in conflict with
the provisions of this Ordinance are repealed to the extent of such inconsistency or conflict.
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ORDINANCE 2012-024
SECTION #5: INCLUSION IN THE CODE OF LAWS AND ORDINANCES.
The provisions of this Ordinance shall become and be made a part of the Code of Laws and
Ordinances of Indian River County, Florida. The sections of the Ordinance may be renumbered or
relettered to accomplish such, and the word 'ordinance" may be changed to "section", "article", or
any other appropriate word.
SECTION #6: EFFECTIVE DATE
This Ordinance shall take effect upon filing with the Department of State.
This ordinance was advertised in the Press -Journal on the 9th day of June, 2012, for a public
hearing to be held on the 19th day of June, 2012, and on the 30th day of June, 2012 for a second
public hearing to be held on the 10th day of July, 2012, at which time it was moved for adoption by
Commissioner O'Bryan, seconded by Commissioner Solari, and adopted by the following vote:
Chairman Gary C. Wheeler Aye
Vice Chairman Peter D. O'Bryan Aye
Commissioner Bob Solari Aye
Commissioner Wesley S. Davis Aye
Commissioner Joseph E. Flescher Aye
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY
Gary C. eler, Chairman
ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller
BY: Cs�� �(�
Deputy Clerk
This ordinance was filed with the Department of State on the following date:
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ORDINANCE 2012- 024
APPROVED AS TO FORM AND LEGAL SUFFICIENCY
x,i— 1C /
l' i
rt
Alan S. Polackwich, Sr., County Attorney
APPROVED AS TO PLANNING MATTERS
QRober4t.Keating, AIC , Comm Development Director
Bold Underline: Additions to Ordinance 1
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