HomeMy WebLinkAbout5/15/1985Wednesday, May 15, 1985
The Board of County Commissioners of Indian River County,
Florida, met in Regular Session at -the County Commission
Chambers, 1840 25th Street, Vero Beach, Florida, on Wednesday,
May 15, 1985, at 9:00 o'clock A.M. Present were Patrick B.
Lyons, Chairman; Don C. Scurlock, Jr., Vice Chairman; Richard N.
Bird; Margaret C. Bowman; and William C. Wodtke, Jr. Also
present were Michael J. Wright, County Administrator; L. S.
"Tommy" Thomas, Intergovernmental Relations Director; Gary
Brandenburg, Attorney to the Board of County Commissioners; and
Virginia Hargreaves, Deputy Clerk.
The Chairman called the meeting to order.
Reverend Stan Sanford, First Baptist Church, Wabasso, gave
the invocation, and Attorney Brandenburg led the Pledge of
Allegiance to the Flag.
ADDITIONS TO THE AGENDA/EMERGENCY ITEMS
Commissioner Scurlock wished to add the following to today's
agenda:
1) Reaction to proposed Group Home legislation;
2) Board workshop with Overall Economic Development
Committee;
3) Architect Selection Committee's recommendation on
the Sheriff's complex;
4) Proclamation re Salvation Army; and
5) Proclamation re Volunteers.
Commissioner Bowman requested that an item re considering
establishment of an ad hoc citizens' committee to study the St.
John's Management Plan be added to the agenda.
Attorney Brandenburg requested the addition of an item to
discuss his meeting with our underwriter's re potential finan-
cing and authorization to start producing documents.
Commissioner Wodtke wished to add discussion of the status
of the new jail.
Commissioner Bird asked that an item re some type of waste
disposal system at the Fairgrounds be added to the agenda.
BOOKkG` !
MAY 15 1985
MAY 15 1985 BOOK
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bowman, the Board unanimously added
the items listed above to today's agenda.
APPROVAL OF MINUTES
0 mu 870
The Chairman asked if there were any corrections or addi-
tions to the Minutes of the Special Meeting re overcrowding at
the County Jail held at 10:00 A.M. on April 11, 1985. There were
none.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bowman, the Board unanimously approved
the Minutes of the Special Meeting held at 10:00 A.M.
Thursday, April 11, 1985, as written.
The Chairman asked if there were any corrections or addi-
tions to the Minutes of the Special Meeting re the Residential
Zoning Conversion Table held at 6:30 P.M. on April 11, 1985.
There were none.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Wodtke, the Board unanimously approved
the Minutes of the Special Meeting held at 6:30 P.M.
Thursday, April 11, 1985, as written.
The Chairman asked if there were any corrections or addi-
tions to the Minutes of the Regular Meeting of April 17, 1985.
There were none.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bowman, the Board unanimously approved
the Minutes of the Regular Meeting of April 17, 1985,
as written.
2
_I
CONSENT AGENDA
Administrator Wright requested that Item A be removed from
the Consent Agenda, and Commissioner Wodtke asked that Item G re
removed.
B. Sale of County Property - Whispering Palms Unit 4
The Board reviewed memo of the Intergovernmental Relations
Director, as follows:
TO: Board of County
Commissioners
THRU: Michael Wr'
Administra r
DATE: May 7, 1985 FILE:
SUBJECT:
Sale of County Property
FROM: L.S. "Tommy" Thomas REFERENCES:
Intergovernmental
Relations Director
LOTS 1 and 2 BLOCK 10 WHISPERING PALMS SUBDIVISION UNIT 4
As per the attached Bid Sheet, it is recommended by staff
that the bid in the amount of $4,000 from Malcolm S. Levy, Palm
Beach Gardens, Florida be accepted on the above described
property and the funds be turned over to the Utilities
Department.
BOARD OF COUNTY COMMISSIONERS
1840 25th Street
ti
.
Vero Beach, Florida 32960
4 I
GGY1M
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BID TABULATION
Gr
e
,C J'
• V ,�'
BID NO.
DATE OF OPENING
May 7, 1985
BID TITLE Sale of Real Estate -
Whi ;P» i n
ITEM DESCRIPTION
N0.
UNIT PRICE
UNIT PRICE
UNIT' PRICE
UNIT
PRICE
„l.
Doo 1Sa
Old 00
I
Fi
MAY 15 1985
GOOK 610 PGE 871
I
MAY 15 1995
7 TH CT. SW
1 P ►
BOOK VE872
PALMS '
ON MOTION by Commissioner Scurlock, SECONDED
by Commissioner Bowman, the Board unanimously
accepted the bid of Malcolm S. Levy, in the
amount of $4,000 on.Lots 1 & 2, Block 10,
Whispering Palms Subdv., Unit 4.
C. Award of Bid - ROund Island Walkover Construction
The Board reviewed staff memo, as follows:
4
TO: The Honorable Board DATE: May 6, 1985 FILE:
of. County Commissioners
THRU: Michael Wright.
Administrator
VIA: James W. Davis, P.
Public Works Directo
SUBJECT: Round Island Walkover
Construction
DNR Permit #AIR -86,
County Project #8313
FROM: Don Finney, 1 REFERENCES:
• Parks Engineering Technician
Description:
Three sealed bids were received and opened May 1, 1985
as follows:
1.) John Hamilton & Sons, Inc. $8,381.20
Public Construction Bond 108.00
Total Bid $8,489.20
2.) L.A.T. Marine Industries $9,000.00
No Bond -0-
Total Bid $9, 000 00
3.) Damon Construction $13.655.00
Public Construction Bond 345.00
Total Bid $14,000.00
Recommendation & Funding:
It is recommended that John Hamilton & Sons. Inc.. the low
bidder be awarded the construction contract for this project
in the amount of $8,381.20
It is further recommended that the Public Construction Bond
be waived for this project because of the minimal cost of
the project, and since the contractor has been awarded
previous contracts with the County and completed the work
in a satisfactory manner within the scope of the contract.
DNR Funding 75/ $6,285.90 Beaches & Shores Grant
Agreement
County Funding $2,095.30 Charged out of account #
102-110-572-33.13
ON MOTION by Commissioner Scurlock, SECONDED
by Commissioner Bowman, the Board unanimously
awarded the construction contract for County
Project #8313, Round Island Walkover, to John
Hamilton 8 Sons, Inc., as recommended by staff
and agreed to waive the Public Construction Bond.
5
BOOK � F°arE 873
MAY 15 1995
_I
FORM OF AGREEMENT
INDIM RIVER COUNTY, Florida
ROUND ISLAND DUNE WALKOVER STRUCTURE
BOOK 60 M, 874
THIS AGREEMENT made and entered into on the 2nd day of
May 1985 by and between John Hamilton & Sons, Inc.
P.O. Aox 1282, S'eb'astian, FL 32958 (Name)
(Address)
herein after called the Contractor, and INDIAN RIVER COUNTY, a Political
Subdivision of the State of Florida organized and existing under the
Laws of the State of Florida, hereinafter called the County.
WITNESSETH:
That the Contractor and the County, for the consideration hereinafter
names, agree as follows:
Article 1. SCOPE OF THE PARK: The Contractor shall furnish all of
the materials and perform all the work shown on the
Drawings and described in the Specifications entitled
ROUND ISLAND DUNE WALKOVER STRUCTLW for Indian
River County, Florida and shall do everything reg,,;red
by this Agreement and Contract Documents.
Article 2. COMMENCEMENT AND COMPLETION: The Contractor will be
required to commence work under this Contract within ten
(10) calendar days after receipt of the notice to proceed
and shall complete the project within forty-five 45 days as
specified in the Bidding and General Requirements. The Con-
tractor agrees to reimburse Indian River County, Florida as
liquidated damages for each calendar day elapsing between
the date herein specified as the day of full completion and
the actual day of such completion of the Contract work the
amount of fifty dollars ($50.00) per calendar day. Time is
of the essence.
Article 3. THE CONTRACT SUM: The County will pay the Contractor for
performance of the Contract, subject to additions and
deductions provided therein, in current funds as follows:
Numerical Amount $8,381.20
Written Amount Eight Thousand Three Hundred Eighty One
Dollars and Twenty Cents.
Article 4. PROGRESS pAyMENTS: None
Article 5. ACCEPTANCE AMID FINAL PAYMENT: Upon receipt of written
notice that the work is ready for final inspection and
acceptance, the County Engineer will promptly make such
inspection and when he finds the work acceptable under
the terms of the Contract and the Contract fully per-
formed, he will promptly issue a final certificate, over
his own signature, stating that the work provided for in
this Contract has been completed, and acceptance by him
under the terms and the conditions thereof is recommended
and the entire balance found to be due the Contractor, will
be paid to the Contractor by the County following County
Commission approval of the final Contract payment.
Before issuance of final certificate, the Contractor shall
submit evidence satisfactory to the County Engineer that all
Payrolls, material, bills, and other indebtedness connected
With the work have been paid. An affidavit must be
6
submitted by the Contractor to the County Engineer stating
that all indebtedness connected with the work has been paid.
Such affidavit will be signed by a duly authorized officer
of the contracting firm, will bear the firm's seal, and will
be notarized and attested by two witnesses. A Waiver -of -
Lien from signed by a duly authorized officer of the
subcontracting firm, notarized and attested by two witnesses
is required from each Subcontractor engaged under the scope
of this Contract, and must accompany the request for final
payment. The making and acceptance of the final payment
shall constitute a waiver of all claims by the County, other
than those arising from. unsettled liens, from, faulty work
appearing after final payment or frau requirements of the
Specifications and of all claims by the Contractor, except
those previously made and still unsettled.
Article 6. THE CONTRACT DOCMENTS: Advertisement for Bids, Addendum as
Required, Bid Proposal, Questionnaire, Fon. of Agreement,
Opinion of Attorney, Final Payment - Contractor, Affidavit,
Final Payment Request, Public Construction Bond, Technical
Specifications, and the Drawings, form the Contract and
they are as fully a part of this Contract as if the same
were here to attached or herein repeated.
Article 7. LIABILITY INSURANCE: Subject to the monetary limitations in
Article 11 (Page BM 3), the Contractor, upon his part,
agrees to protect, indemnify, save harmless, and insure
the County frau any liability to any persons for injuries
to the person, including loss of life, or damage to
property, resulting frau the acts or omissions of the
Contractor in performing his obligations under this Con-
tract. The parties expressly recognize that the relation-
ship between the County and Contractor is that of independ-
ent contractors, and that neither the Contractor nor any of
his servants, agents, or employees shall ever be considered
to be an agent, servant or employee of the County.
Article 8. Public Construction Bond: The Contractor shall furnish the
County immediately upon execution of this Contract a Public
Construction Bond in the penal sum equal to the amount of
the Contract with good and sufficient sureties, conditioned
upon the performance of this Contract by the Contractor in
accordance with the terra and conditions hereof, within the
time herein provided, and with the additional obligation
that such Contractor shall promptly make payments to all _
persons supplying him labor, materials and supplies, used
directly or indirectly by the said Contractor in the pro-
secution of the work provided for in this Contract. For any
Contract not exceeding $100,000.00, the County Commission
may by resolution waive the requirements for a Performance
Bond as required in this paragraph, and substitute in lieu
thereof another suitable form of surety.
0�,,
IN WITNESS WMWF, the parties hereto have executed. this agreement the
day and year first written above. ;.
(Contractor) John Hamilton
7
MAY 1.5 1985 BOOK Ci r ,E 875
9
Signed and sealed by the
Contractor in the presence of:
ad MIJi -P
glo:ar� ftbft,Sfal� dfi 56rfd7 aE Tari!
r LAIC CQMMISS100 Expires Feb.
X0
Signed and sealed by the
Owner in the presence of:
r
l
Ma 15, 1985
Noted and. Approved
BOOK 60 PAGE 876
By:
Attest
INDIAN P VM COUNTY
(Owner) ,
County Clerk
? `Seal)
By:r
Michael'Wright
County Administrator
Director
This foregoing Contract Agreement is in
and is hereby approved:
,V rt
�ttorney
unty
Attorney for. Contractor
f
,
FA -3
Contract Agreement in its entirety is on file in the
Office of the Clerk.
8
D. Authorize Final Payment - Round Island Boat Ramp, Docks, etc.
The Board reviewed staff memo, as follows:
TO: The Honorable Members of DATE: May 6. 1985 FILE:
Board of County Commissioners
THRU: Michael Wright SUBJECT: Round Island Boat Ramp,
AdministratorDocks, and Daybeacons
F.B.I.P. B-84006
VIA: James W. Davis, P.E.,
Public Works Director
?'*"'
FROM: Donald G. Finney;q " REFERENCES:
Parks Engineering Technician
The contract with John Hamilton & Sons, Inc. has a construction
completion date of April 26, 1985. The project was completed
April 25. 1985 within the time frame specified in the contract.
The work was inspected and found to be acceptable and satis-
factory in accordance with the contract documents.
The Florida Boating Improvement Program Agreement was approved
by the Board of County Commissioners in the amount of $17,347.00
John Hamilton & Sons, Inc. contract awarded by Board $15,262.42
Extra Daybeacon to delineate sandbar washed in since
start of project 469.34
Total Work Performed $15,731.76
Recommendation and Funding:
1.) It is recommended that final payment be authorized -to John
Hamilton & Sons, Inc. $15,731.76 less previous payment April 27,
1985 of $9,377.04. Balance due contractor $ 6,354.72.
To be reimbursed by the Florida Boating Improvement Program.
ON MOTION by Commissioner Scurlock, SECONDED
by Commissioner Bowman, the Board unanimously
authorized final payment to John Hamilton 6
Sons, Inc., in the amount of $6,354.72, for
completion of the Round Island Boat Ramp, Docks
and Daybeacons, as recommended by staff.
9
SAY 15 1985_ Boa Fa{ 8
77
MAY 5 1995
BOOK 60
E. Funding Approval Form and Grant Agreement __HUD Rental
Rehabilitation Program for Small Cities
The Board reviewed the following memo:
TO: The Honorable Members of the DATE: May 8, 1985 FILE:
Board of County Commissioners
Through: Michael Wright
County Administrator
SUBJECT: HUD Administered
Rental Rehabilitation Program
for Small Cities (Non Formula)
FROM: Edward J. , g,
REFERENCES:
Executive dim for
IRC Housing Authority
It is recomaended that the data herein presented be given formal consideration by
the County Commission.
DESCRIPTION AND CONDITIONS:
The Department of Housing and Urban Development (HUD) has informed Indian River County
in a letter to your Chairman dated May 3, 1985, that our Rental Rehabilitation Program
Application has been reviewed and approved and includes the obligation of $100,000 in
Rental Rehabilitation Program grant funds. This program is designed to assure an adequate
supply of standard housing affordable to lower-income tenants as it increases the supply
of private market rental housing available to lower-income tenants by providing goverramnt
finds to rehabilitate existing units and provide rental assistance to lower-income persons
to help them afford the rent of these twits. One Section 8 Certificate or Voucher is pro-
vided for each rehabilitated unit. In order to leverage the maxinaan amount of private '
capital, rehabilitation subsidies are generally limited to 507. of the cost of rehabilita-
tion, not to exceed $5,000 per unit adjusted for high cost areas. Grant funds may only be
used to correct substandard conditions, make essential improvements, and repair major sys-
tems in danger of failure. Units will be leased at fair market rents, and no special
project rent controls or restrictions will be used. Within the lower-income and neighbor-
hood targeting requirements, the Rental Rehabilitation Program leaves broad opportunities
for local program design and flexibility.
ALTERNATIVES AND ANALYSIS•
This is the first year Indian River County .has been placed on the eligibility list
for this program and parallels our existing rehabilitation housing efforts.
RECOH4aMTIONS :
We respectfully request the County Commission to authorize its Chairman to execute
the Funding Approval Form (HUD 40015) and the Grant Agreement (HUD 40015.1).
This program will rehabilitate twenty (20) substandard rental units in the lower-
income areas of the county and will provide twenty (20) Certificates or Vouchers to lower-
income families.
This program requires no additional County funds.
ON MOTION by Commissioner Scurlock, SECONDED by Com-
missioner Bowman, the Board unanimously authorized the
Chairman to execute the Funding Approval Form (HUD 40015)
and Grant Agreement (HUD 40015.1) as described above.
10
Funding Approval UA Department of Housing
Rentdi Relhabilitation Program and Urban Development
• Commuty Planning
HI-MUR and Devenilopment
Under Section 17 of The United States Housing Act of 1937 (42 U.S.C. 14370)
Indian River count
s. urantee's Address
1840 25th St.
Vero Beach, FL
32960-3394
7- Grant No.
R -85 -HG -12-0235
4. HUD Geographic Locator Code No.
129061 -
- - ---- - • •,-�- - .a FIL we rrvgram uescnption February 22, 19E
L Id Original Funding Approval b) Date Grantee Notifled of Approval
❑ Amendment (No.) c) Fiscal Year 1985
7 Category of Rental Rehabilitation Program Grant for this Funding Action (Check Only One)
13. Direct Formula Grantee : City over 50,000 ❑ Urban County ❑ Consortium
b. ❑ State Grantee
C. SI HUD•Administered Rental Rehabilitation Program Small City Grantee (county Grantee)
d. ❑ HUD -Administered City Grantee
L Amount of Rental Rehabilitation Program (RRP) Grant FY; 1985 FY:
FY:--__ FY: FY:
a. Amount of RRP funds previously obligated for this grantee -0-
b. Amount of RRP funds currently being obligated for this grantee $100,000
C. Amount of RRP funds currently being deobiigated for this grantee
d. New total of RRP funds now obligated for this grantee
IL Special conditions (Check applicable box)
a. 19 Not applicable
b. ❑ Attached
-0-
$100,000
AB
apartment of Hous and Urban Development Jacksonville Office
Y.
�VO�
Pr ition (a- obsolete anag
0 J
MUD -40015(11.84)
24 CFR Part 511
MAY 15 1985 60 rAve87.9
U
IT e
Grant Agreement
U.s:Department of Housing
and Urban Development
Office of Community Planning
and Development
_I
BOOK 60 'A" M
^6
i r
I nis Grant Agreement Is made by and between the
Department of Housing and Urban Development (HUD) and
Indian River County (the Grantee)
pursuant to the authority of Section 17 of the United States
Housing Act of 1937 (42 USC 1437o). The Grantee's approved
Program Description and the HUD regulations at 24 CFR
Part 511 (as now in effect and as may be amended from
time to time), which are incorporated by reference, together
with the HUD Funding Approval Form 40015 and any special
conditions, which are hereto attached, constitute part of this
Agreement.
In reliance upon and in consideration of the mutual
representations and obligations hereunder, HUD and the
Grantee agree as follows:
1. Subject to the provisions of this Grant Agreement, HUD
will make the funding assistance for Fiscal Year 19
specified In the attached HUD Funding Approval Form
40015 available to the Grantee upon execution of the
Agreement by the parties.
2. The obligation and utilization of the funding assistance
provided is subject to the requirements of the regulations
- and any special conditions set forth in the HUD Funding
Approval Form 40015, Including the requirement for a
release of funds by HUD under the Environmental Review
Procedures at 24 CFR Part 58 for any activities requiring
such release.
3. HUD's payment of funds under this Grant is also subject
to the Grantee's compliance with HUD's electronic funds
transfer and information reporting procedures Issued
pursuant to 24 CFR 511.74.
4. To the extent authorized by the HUD regulations at 24
CFR Part 511.33 and 511.82, HUD may, by Its execution of
an amendment to the HUD Funding Approval Form 40015
deobligate funds previously awarded to the grantee
without the Grantee's execution of such form or other
consent. Such a deobligation of Rental Rehabilitation
Program grant funds may also cause a recapture of a
commensurate amount of Section 8 Existing Certificate or
voucher contract authority.
5. The Grantee further agrees to accept responsibility for
adherence to the Agreement by subrecipient entities and
property owners to which It makes funding assistance
hereunder available.
For. U S. Department of ousing and Urban Development Jacksonville: office
B
` Title: Harry I. Sharrott
Manager, 4.6S
r: Gran
By.
Title: Chairman
Patrick B. Lyo Board of Co. Commissio
G0'o 911.716
Date:
S May 15, 198`
HUD -40015.1 (11-84)
24 CFR Part 511
� i a
F. Engineering Services for Landfill
The Board reviewed Utility Department memo, as follows:
TO: THE HONORABLE BOARD OF DATE. MAY 8, 1985 FILE
COUNTY COMMISSIONERS
THRU: TERRANCE G. PINTO SUBJECT: INDIAN RIVER COUNTY LANDFILL
ENGINEERING SERVICES
FROM: REFERENCES:
RONALD R. BROOKS
DESCRIPTION AND CONDITIONS:
The Florida Department of Environmental Regulation recently issued a permit
to the County for continued operation of Phase I of our landfill, see Exhibit
The permit includes mandatory compliance items that must be complete within
specific deadlines. Most of the compliance items are technical and require
expertise in soils composition and permeability, well drilling and structural
design.
During the processing of our permit application for continued operation of
Phase I, the DER made it very clear that the construction and operation of
Phase II of the landfill would involve very costly leachate control measures
and groundwater monitoring. The costs would not only be extensive in the
initial construction but also in the daily operation of the landfill.
Waste operation in Indian River County is rapidly increasing with the
increase in development, and it appears that the operational life span of
Phase I at the landfill is only 1-1/2 years. The design of Phase II should,
therefore, be completed within one year to insure its approval for construc-
tion and operation by the DER before the closing of Phase I.
ANALYSIS:
Due to the technical nature of the compliance items in our recently issued
operation permit for Phase I of the landfill, the services of a -professional
engineer are needed to insure that the items are completed properly and in
accordance with the requirements of the DER.
In view of increasing state and federal regulatory restraints and consequen-
tial skyrocketing costs for construction and operation of the landfill it is
apparent that Indian River County needs to look ahead and investigate some
more productive and innovative means of waste disposal.
RECOMMENDATION:
Staff recommends and requests that the Board authorize the Division of
Utility Services to obtain the services of a professional engineer to perform
the following:
1. Supervise the construction of the mandatory compliance items in the
recently issued DER operation permit for Phase I of the landfill and insure
that the items are properly completed in accordance with the requirements of
the DER.
2. Perform a feasibility study and provide the County with a written
report and recommendation addressing, as a minimum, the following methods of
solid waste disposal or recycling:
A. Resource recovery facility.
13 Q
BOOK 0 °,.GE ®8
MAY 15 1985
B.
C.
D.
Composting.
Incineration.
Waste compaction.
E. Landfill
F. Hazardous waste recycling.
G.Hazardous waste storage and transfer.
H. Solid waste collection systems.
BOOK 60 Pt.Gr 8'R�w
3. Supervise the implementation of the waste management practices that
are subsequently recommended to and approved by the Board of County Commis-
sioners.
ON MOTION by Commissioner Scurlock, SECONDED
by Commissioner Bowman, the Board unanimously
authorized the Division of Utility Services to
obtain the services of a professional engineer
to supervise construction of the DER mandatory
compliance items; to perform a feasibility study
as described above; and to supervise implementa-
tion of the waste management practices which are
recommended.
H. Budget Amendment - Unemployment Compensation
The Board reviewed the following memo of the OMB Director:
TO:Board of County Commissioners
FROM: Jeffre . Barton,
OMB Director
DATE: May 8, 1985 FILE:
SUBJECT: Unemployment Compensation
REFERENCES:
The following budget amendment is to allocate funds topay for the unemployment
compensation for the quarter ending March 31, 1985 per the attached.
Account Title
Unemployment Comp.
Reserve for Contingencies
J KB/ew
Account No.
001-220-519-12.15
001-199-581-99.91
Balance in Contingencies as bf 5/2/85
$314,025
14
Increase Decrease
24
24
STATE OF FLORIDA
CLAIMANT'S NAME
LES FORM UCT29
(REV. 9/83) DEPARTMENT OF LABOR & EMPLOYMENT SECURITY
''�{r;•
Y DIVISION OF UNEMPLOYMENT COMPENSATION
s `
BUREAU OF TAX
i^
c tJALLAHASSEE,FLORIDA 32301
?
PD. IN OTR.
ACCOUNT
REIMBURSEMENT INVOICE
BED WARD W MI MS ?:
THIS IS A STATEMENT OF CHARGES TO YOUR ACCOUNT BECAUSE OF. UNEMPLOYMENT
1 COMPENSATION PAYMENTS TO YOUR FORMER EMPLOYEES.
a ifs '
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r ,x,qM y"". v.. + '.� t+wat r' y�f , ... ...
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ACCOUNT NO.
QUARTER ENDING +.
:r NOIAN RIVER COUNTY BOARD OF
.
976037 7
MAR
31
,I
ss� E`1rdrc
COUN7Y.CGMMISSIONERS
s 19
I
C/O FINANCE OFFICER
DATE ., >, -, • ,
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fs4;IH �• !S�,N'a T,�ri4 ''•']•t I•
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BOx 1028
MAY
-''s A'. ',. :: Y''�t..
.01 s 1985 M t•
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VERO BEACH FL
THE TOTAL AMOUNT DUE
MUST BE PAIDt � �M
Z4
WITHIN 30 GAYS OF THE ABOVE DATE. Y4il�
Lac
LOCATION CODE AS SHOWN ON DETERMINATION
NOTICE TO BASE PERIOD EMPLOYER OF
art: LES FORM UCS -12R
h it.. . .. l• H^ J ilr :! ..'fir.! „I' t .. :; 4,1 r H�1 � 4J .t'�„'. �i " �:•� F' •'.T 1
VALID CLAIM FILED,
' „1e � J'F }t dr ^ d
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bowman, the Board unanimously approved
the above budget amendment as recommended by staff.
A. Bid #240 - Fleet Management Building Addition
The Board reviewed memo of._the.Purchasing Manager, as
follows:
TO: Board of County Commissioners DATE: April 30, 1985 FILE:
THRU: Michael Wright SUBJECT: IRC BID #240 -Fleet Management
Cou y Administrator Building Extension/Addition
FROM: k- REFERENCES:
Carolyn Podrich, Manager
Purchasing Department
I. Description and Conditions
Bids were received Monday, April 29, 1985 at 11:00 A.M. for IRC #240 -
Fleet Management Building Extension/Addition.
7 Bid Proposals were sent out. Of the 4 Bids received, 2 were "No Bids".
2. Alternatives and Analysis
The low bid was submitted by B & B Building Systems Ft. Pierce, F1,
in the amount of $19,842.00. The bid meets all specifications.
3. Recommendation and Funding
It is recommended that IRC #240 be awarded to the low bidder, B & B
Building Systems in the amount of $19,842.00.
There is $32,000.00 budgeted for the building extension.
15
MAY 15 1985 -
BOOK 6 0 Pacul E883
CLAIMANT'S NAME
;::
SOC SEC. NO
EXPIRATION
DATE
NO. WEEKS
OF BENEFITS
.CHARGES TO YOUR *' '
OF CLAIM
PD. IN OTR.
ACCOUNT
�,lg. r
BED WARD W MI MS ?:
254 52,-68 4
08/25/85.
s�
23.01
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bowman, the Board unanimously approved
the above budget amendment as recommended by staff.
A. Bid #240 - Fleet Management Building Addition
The Board reviewed memo of._the.Purchasing Manager, as
follows:
TO: Board of County Commissioners DATE: April 30, 1985 FILE:
THRU: Michael Wright SUBJECT: IRC BID #240 -Fleet Management
Cou y Administrator Building Extension/Addition
FROM: k- REFERENCES:
Carolyn Podrich, Manager
Purchasing Department
I. Description and Conditions
Bids were received Monday, April 29, 1985 at 11:00 A.M. for IRC #240 -
Fleet Management Building Extension/Addition.
7 Bid Proposals were sent out. Of the 4 Bids received, 2 were "No Bids".
2. Alternatives and Analysis
The low bid was submitted by B & B Building Systems Ft. Pierce, F1,
in the amount of $19,842.00. The bid meets all specifications.
3. Recommendation and Funding
It is recommended that IRC #240 be awarded to the low bidder, B & B
Building Systems in the amount of $19,842.00.
There is $32,000.00 budgeted for the building extension.
15
MAY 15 1985 -
BOOK 6 0 Pacul E883
MAY 15 1985
BOOKPr��F884
BOARD OF COUNTY COMMISSIONERS
1840 25th Street
Vero Be4ch, Florida 32960
-�
BID TABULATION
y
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t°j%J Co U
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BID NO.
j IRC BID #240
DATE OF OPENINGv,
April 29, 1985
BID TITLE FLEET MANAGEMENT BUILDING
EXTENSION ADDITION
� ITEM
NO. DESCRIPTION
UNIT PRICE
UNIT PRICE
UNIT PRICE
UNIT PRICE
UNIT PRI
I. The addition is to be added to a
existing building at the Fleet
Mgmt Dept. 4625 41st St.,
Vero Beach, F1. To be 40' long
& 60' Wide and to be of similar
construction, configuration and
be compatible with the existing
structure. Roof and 1 side
(East) enclosed. Open on North
and West sides. Addition to be
constructed on slab as per
attached specifications and
drawings.
included.
L.S.
NB
19842
00
NB
37836
00
Administrator Wright reported that supplemental information
has been received from B & B Building Systems, as follows:
16
� r �
J s
_..._ ...:.: ;� ::.:..,:. BUILDING SYSTEMS M:1Z �_, �
P. O. BOX 476 • 3245 OKEECHOBEE RD. • FORT PIERCE, FLORIDA 33454 • PHONE 305 - 461-4440
May 14, 1985
Board of County Commissioners
1840 25th Street
Vero Beach, Fla. 32960
RE: Indian River County Fleet Management Addition
Gentlemen:
S. DEAN
MAY 14N5
The engineering calculations and reaction schematics will
not be done on the building addition until the building is
ordered. They will be made available to you as soon as we have
them. The engineering is governed by the Southern Building Code
and Indian River County Building Code.
Since the addition is to be tied into an existing structure,
we can only assume that the existing structure is up to code and
our bid is based on that assumption. The new building's roof
will have a 20 psi live load rating. The structure will be en-
gineered to withstand a 120 mph wind load and the sheeting is 26
ga. steel.
If you need more information than this please let us know.
Very truly you s,
��65i5�01
Tom Mc rederic
Administrator Wright stated that the proposed building does
meet the County Code as well as the Southern Standard Building
Code.
Commissioner Wodtke noted that the bid spec calls for a
similar building and asked if our existing building is the same
gauge.
Director Dean did not know, but Commissioner Scurlock noted
that the building under discussion, which he had not realized
earlier, is not an enclosed structure; it is basically a shed.
Administrator Wright concurred that it is simply an unin-
sulated shed.
17
,0
•
BOOK f'w t885
MAY 15 1985 . .
BOOK 60 PA'U. 886
ON MOTION by Commissioner Scurlock, SECONDED By
Commissioner Bowman, the Board unanimously awarded
Bid #240 for the Fleet Management Building addition
to the low bidder, B & B Building Systems, in the
amount of $19,842, as recommended by staff.
G. Final Plat Approval - Old Dixie Plaza Subdivision
The Board reviewed memo of Staff Planner Boling, as follows:
TO: The Honorable Members DATE: May 10, 1985 FILE:
of the Board of
County Commissioners
DIVISION HEAD CONCURRENC
OBJECT: FINAL PLAT APPROVAL FOR
=:� OLD DIXIE PLAZA SUBDIVI-
Robert M. Kea ing ICP SION
Planning & Development Director
THROUGH: Mary Jane V. Goetzfried
FROM: Chief, Current DevelopmeR# Mit'RCES:
..A6, E. Stan Boling tt IV
Stan Boling
It is requested that the following information be given formal
consideration by the Board of County Commissioners at their
regular meeting on May 15, 1985.
DESCRIPTION AND CONDITIONS:
Old Dixie Plaza Subdivision is a 3 acre, 16 lot subdivision of
an existing two -building commercial plaza. The site plan for
the plaza was approved by the Planning and Zoning Commission
on November 10, 1983 (Joseph Berlin Retail Stores SP -82-06-
089). The plaza, located at 620 Old Dixie Highway, was re-
cently completed and has received a final Certificate of
Occupancy. The subject property is zoned C-1 (Commercial
District) and has a MXD (Mixed Use District) land use desig-
nation. The subdivision lot lay -out is designed to plat over
the existing building units.
The submitted final plat is in conformance with the prelimi-
nary plat as approved by the Planning and Zoning Commission at
their May 9, 1985 regular meeting.
The owner, Gary Parris, is now requesting final plat approval.
ALTERNATIVES AND ANALYSIS:
The request to file this plat is being made so that the
project can be sold as a land condominium -type development.
As such, each proposed lot is to be sold off with its corres-
ponding building area. (The proposed lot lines run along
existing building walls.) All other areas within the plat
boundaries are to be owned and maintained by a property
18
1
owners' association. The plat has been reviewed and approved
by all of the appropriate County departments as acceptable for
final plat approval.
RECOMMENDATION:
Staff recommends that the Board of County Commissioners grant
final plat approval to Old Dixie Plaza Subdivision.
Commissioner Wodtke inquired if this was site planned as an
individual owner and now will change so it will be sold separ-
ately, and Planning Director Keating confirmed that this is
comparable to a situation at Waverly Place where the site plan
came in and then they decided to go to land condominiums.
Commissioner Wodtke wished to know if this had been platted
originally as a land condominium whether the construction re-
quirements and those for water and sewer would have been
different, and Planner Boling stated they would not; it would
have been approved as submitted originally.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bowman, the Board unanimously granted
Final Plat Approval to Old Dixie Plaza Subdivision.
PROCLAMATION - SALVATION ARMY
The Chairman read aloud the following Proclamation,
designating May 13th through May 19th as SALVATION ARMY WEEK in
Indian River County and presented it to Paul Barbee.
Mr. Barbee accepted the Proclamation on behalf of the
Salvation Army and spoke of their plans for the coming year,
stating that they hope to have a full corps of uniformed
personnel next year and working space. They want to be more of a
useful presence in the community.
19
MAY 15 1985
BOOK 6
u, 0 POE 88 7
SAY 15 1985
BOOK
P R O C L A M A T I O N
WHEREAS THE SALVATION ARMY has carried the good news of
God's love to all people throughout the United States since .1880;
and
ATTEST:
BY vl �XJ
FREDA WRIGHT, CLERK
20
i
PROCLAMATION — VOLUNTEER WEEK
The Chairman read aloud the following Proclamation,
designating May 19th through May 25th as VOLUNTEER WEEK in Indian
River County and presented it to Donna Hewlitt, who accepted it
on behalf of all volunteers and the Council of Community
Services.
21p
BOOT( u
MAY 15 1985 _
MAY 15 1985
P R O C L A M A T I O N
WHEREAS, each year, many citizens of our
county volunteer countless hours of service in
others; and
- 1
BOOK 6 0 P 8®
community and
order to - help
ATTEST: .
�� GeV
Freda Wright, Cle
Adopted May 15, 1985
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
22
WHEREAS, these VOLUNTEERS work to build strong community
organizations, promote issues in the public interest, and help
their fellow citizens in need; and
WHEREAS, VOLUNTEERS come from every age group from youth to
senior .citizens and from all walks of life; VOLUNTEERS give
M'
assistance in countless ways and a multitude of avocations; and
WHEREAS, volunteering plays a vital role in any community,
�t
with neighbors showing
g g their concern for one another both,.'
.
,
friends and strangers alike; and
o,
•. WHEREAS, fit .. is important for all of us to recognize our
`ry
T .
>m
responsibilities and roles we need to play in our community by
following the example of VOLUNTEERS who give themselves for the
betterment of all; and
~
WHEREAS, those VOLUNTEERS who give so unselfishly of their
time and themselves to improve the quality of life for all
`deserve special recognition:.
J''k
NOW, THEREFOREr BE IT PROCLAIMED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that the week of
r;'•��
May 19 through May 25, 1985 be observed as
VOLUNTEER WEER
in Indian River County, Florida, and the Board invites all
_..scitizens
to honor and emulate the fine individuals who help their
a --:communities
by opening up their hearts. --
ATTEST: .
�� GeV
Freda Wright, Cle
Adopted May 15, 1985
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
22
PUBLIC HEARING - AMENDING SECTION 25, ZONING CODE " GENERAL
PROVISIONS"
The hour of 9:15 o'clock A.M. having passed, the Deputy
Clerk read the following Notice with Proof of Publication
attached, to -wit:
VERO BEACH PRESS -JOURNAL
. _r ;NOTICE OFIPi
s• • TO CONSI
Published Daily ` ADOPTIONVA.Cf]
NotiRa is hereby om
County Baird of Coun
Vero Beach, Indian River Count Florida hold a public hearing at
Y� ano:citizf►ns snail flaw
COUNTY OF INDIAN RIVER: STATE OF FLORIDA
Wedn ay.'May 15,-198,
Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath
sider the adophora of s1 C
go.
says that he is Business Manager of the Vero Beach Press -Journal, a daily newspaper
AN' ORDINANCE 'OF
published
at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being
COUNTYCOMMISSIC
Via;,RIVER,OUNTYr FLC
:APPENDIX A' OF THE
tiiAND ORDINANCES -
a
aF:.ZONING CODE; ELY E
SECTION 25. ENTr
`PROVISIONS"; PROV
in the matter of
4,EXCEPTiONSAND.L
>�;ENCROACHMENTSl
;USES ,.HOME OCCUP
- OF COMMERCIALV
;a;DENTIALAREAS. PA
..AGEOF,JUNK-VEHIC
in the Court, was pub-
r <r 3 y USES ; AND, •. STRU
„I, ROUND -STORAGE!
9THER COMBUSTIBI
lished in said newspaper in the issues of cT
`MINIM M.- BUIILbAB
BACK.' `REQUIREME
CTTORRRNER .. VISIBILI1
��
IGIk
'" SAND DRANAGESF EI
:iYi
Affiant further says that the said Vero Beach Press -Journal is a newspaper published at
- Vero Beach, in said Indian River County, Florida, and that the said newspaper has heretofore
been continuously published in said Indian River County, Florida, each daily and has been
entered as second class mail matter at the post office in Vero Beach, in said Indian River Coun-
ty, Floriga,�for a period of one year next preceding the first publication of the attached copy of
advertis ment; and affiant further says that he has neither paid nor promised any person, firm
or corporation any discount, rebate, commission or refund for the purpose of securing this
advertisement for publication in the said newspaper.
Sworn to and subsc
7
(SEAL) •
(Clerk of the Circuit Court, Indian River
70 TIAL' SERVICES,, PIERS DOCK, `A
` BOATSLIPS, ? SETBACKS ' rR4
1 o.)COASTAL' ,CONSTRUCTION ± 'JNE, 1
-.CAVATION'OF C�1NAL3 WATT
-' WAYS: AND PROVIDING:FOR -THE J
PEAL OF CONFLICTING ORDINANG'.
AS WELL ASLCODIFICATION- _BEV
1 ,ABIL'ITY,eAND EFFECTIVE DATA: f IA
,!i7'tC:z-t 1{s ri i7'N•tY +'Yha,�'11
Lf,anycperson..decides to of eaY.any'd
m the above matter, he/shin will need. a
)t the proceedings; and for such purpos(
,she may need tatensure that:a verbatim
:Zhthe,proceedings is made;whict) includ,
mony and evidence 4pon-Wtllcn tWlei
based.
Az Indian
Rive[ ounty + "'w i,z's
es,Board of County. ComMissioners
"By: -s -Patrick B., alTMaW
April 26, May 7, 1985• -
Commissioner Scurlock inquired about any plans for a Mining
Ordinance, and Director Keating stated that they have not done
anything about that as yet; it actually is a part of the existing
General Provisions Section, but he agreed it is not adequate for
our needs. He.further noted that the Walls and Fences section
was not addressed either.
Commissioner Scurlock stated that he was mainly interested
in a Mining Ordinance, and Director Keating noted that staff will
begin this right away.
23
MAY 15 1985 BOOK 60 FMAcE891
SAY 15 1985
BOOK
Administrator Wright asked if it was the direction of the
Board that staff proceed with the Mining Ordinance, and this was
generally agreed.
Commissioner Wodtke commented that when the Commission
receives a revision such as this, he would like to have an
explanation of what is new, what is old, and what is changed,
plainly set out in some form.
Planning Director Keating stated that he was going to
suggest that this be reviewed on a page by page basis. He noted
that three sections are being addressed today, and he believed
this is the most controversial.
The Planning Director reviewed the following memo:
TO: DATE: FILE:
The Honorable Members May 6 „ 1985
of the Board of
County Commissioners
SUBJECT: ADOPTION OF THE
GENERAL PROVISIONS
SECTION OF THE NEW
ZONING CODE
FROM: REFERENCES:
Robert M. Keating, AICP XMK
Planning & Development Director
It is requested that the information herein presented be
given formal consideration by the Board of County Commis-
sioners at their `regular meeting of May 15, 1985.
DESCRIPTION & CONDITIONS
The draft General Provisions Section is another part of the
new zoning code. This section of the code establishes
criteria applicable to all sections of the zoning code for
requirements that do not vary from district to district.
Typical items addressed in the General Provisions Section
include yard encroachments, height limitations, walls and
fences, vehicle storage, nonconformities, and other similar
items. The purpose of this section is to establish stan-
dards, delineate exceptions, and set criteria that relate to
general items applicable countywide.
This proposed section of the new code is a modification of
the General Provisions Section in the existing code.
Several parts of the General Provisions Section of the
current code were not addressed, and changes in these parts
are not recommended at this time. These parts include the
24
12
existing sign ordinance and the existing mining ordinance.
While both are currently incorporated in the existing
General Provisions Section, it is the staff's position that
detailed work must be done on both the sign and mining
ordinances. Consequently, the staff recommends that these
parts of the current code remain as is until time permits a
detailed revision of these parts.
There are a number of changes between the proposed General
Provisions Section of the new zoning code and the existing
General Provisions Section of the current code. Some of the
major changes involve yard encroachments, vehicle storage,
and nonconformities. In addition, several new parts have
been added to the General Provisions Section, addressing
matters not currently addressed in the existing code. These
include a section on temporary uses (including model homes),
a section on home occupations, a section on coastal manage-
ment and shoreline protection, and sections relating to the
parking of commercial vehicles and the parking of junk
vehicles. One specific item included in the draft General
Provisions Section is a set of standards for the protection
of sea turtles, criteria needed to meet the requirements of
the Hutchinson Island Resource Planning & Management Plan.
On April 11, 1985, the Planning & Zoning .Commission voted
4-0 to recommend that the Board of County Commissioners
adopt the proposed General Provisions Section of the new
zoning code, as amended.
ALTERNATIVES & ANALYSIS
In preparing this proposed section of the new zoning code,
the- consultant analyzed the County's existing General
Provisions Section, identified problems and needs, and
considered various alternatives. Substantial revisions were
then made to the initial draft based upon the staff's
review. Finally, additional changes were made to the draft
as a result of four public workshop meetings held to discuss
this proposed section of the new zoning code. The draft
General Provisions Section, as now proposed, resolves a
number of issues, problems, and inconsistencies inherent in
the existing code. As such, this section will function as
an integral part of the new zoning code.
RECOMMENDATION
It is recommended that the Board of County Commissioners
adopt the proposed General Provisions Section of the new
zoning code.
The Planning Director explained that General Provisions is
the section which sets out the general criteria and standards
applicable to all districts, and it is a really important part of
the Code. He noted that the Planning & Zoning Commission
considered the recommended changes on April 22th and voted 4-0 in
approval. Director Keating further emphasized that this has been
workshopped extensively, and he believed just about everything
was worked out to people's satisfaction during the workshop
sessions. Staff does have a couple of additional recommended
25
rn MAY 15 1985 BOOK °1ct 13
MAY 15 1995
BOOK
60
wF 8.4
changes
and would like to review the proposed ordinance
page
by
page.
Commissioner Scurlock suggested that staff present their
changes for the Board to consider and comment on before the floor
is opened to the public.
Director Keating stated that the first change is on Page 2
and it is just cleaning up language.
Item 12, Page 2, the very last paragraph, the revised
language is as follows: "Parking areas and driveways are allowed
to encroach within required side yards of multiple family
residential and nonresidential districts. On single family zoned
lots, driveways must be located at a minimum of 5' from the
nearest side lot line at the point of intersection with the
right-of-way."
Director Keating continued that the other change is on
Page 20 and 21 - STORMWATER DISCHARGE FROM SINGLE FAMILY LOTS.
This is a new section, and it is something the Public Works
Director, the Building Director, and he, feel is important. He
believed the County Attorney agrees with the concept but is not
satisfied with the language. This change would require that
single family lots have adequate drainage so they do not impact
another person's property.
Attorney Brandenburg stated that he did not have any diffi-
culty with the concept and understood the need, but the way it is
written now, in a subdivision platted a long time ago that does
not have drainage easements, an individual would not be able to
build a
house on
a lot
because
you
cannot
have any water dis-
charge,
and it is
not
clear if
this
means
normal rate discharge
or from a hurricane, etc. In order to build in these old subdi-
visions, an individual would have to obtain easements from
everyone else in the subdivision. Attorney Brandenburg did not
feel this is really workable and believed staff would have a
problem applying and enforcing it. Also, if staff didn't catch
it, the individual who is flooded could come back to the county
26
and claim the county has been negligent in enforcing their law
and, therefore, is liable for flooding his house. The County
Attorney agreed this problem should be addressed but probably not
In this manner.
Public Works Director Davis stated that the intent of this
provision simply was to prevent "sheet flow" onto someone else's
property and mitigate any possible drainage problems by getting
that water to a drainage system. If we are creating a hill next
door, we don't want the drainage to impact someone else and would
like some type of provision to require a common line swale to
carry the water. If the present wording is prohibitive, that was
not the intent, but if there is no drainage system, that is a
dilemma and will have to be tackled in all these areas.
Commissioner Bird noted that in old subdivisions with 50'
lots, persons building now are required to have a much higher
elevation, and what do you do about a swale in these limited size
lots?
Commissioner Scurlock commented that this situation is
pointed out dramatically where he just built his new house
because his slab actually is level with his neighbor's window.
He looked into a drainfield system, but all you have to work with
is his 10' on his side and his neighbor's 101, and it is not fair
to either. He noted that it is not up to him to solve the
neighborhood's problem, but it also is not fair for him to
discharge his runoff right onto his neighbor's property.
Commissioner Bird felt possibly we can only address this in
new subdivisions, but Attorney Brandenburg pointed out that the
county also has standards from the Federal Flood Insurance
Program, and we have a problem right now with situations where
someone has to build substantially higher than the lots next to
him. He suggested the following language as a possible solution:
"For any individual single family lots a building permit shall
not be given the owner or his agent until he first certifies and
shows sufficient drainage exists, in the opinion of the owner, to
27
MAY 15 198 Bofl 0 F,.GE 895
5
MAY 15 1985 J(�}
BOO 11 �
handle any resulting stormwater discharge; however, the County
shall not assume any legal liability with respect to such
certification." He noted this way the individual would have to
show what he has and we could suggest improvements. As a
practical matter, we cannot require one individual to obtain
easements and build a drainage system for an entire subdivision
that already exists.
Considerable discussion ensued in -regard to the problems
caused by the higher elevations required for new homes, and
Commissioner Scurlock felt possibly there could be a lesser
elevation than having to go 36" above the highest point of the
road.
Chairman Lyons pointed out that another one of the factors
involved is the septic tank. If we can have swales, that will
help, but he felt if you build below the level of the road, you
are looking for trouble.
Discussion continued at length in regard to finding a way to
assure lots in the older subdivisions are usable; the language
suggested by the County attorney to alleviate the county's
liability; the fact that a bad drainage situation could have
existed even before a new house was built; and the problems
involved in determining whether it might have existed or not.
Commissioner Scurlock believed this would require more staff
to look at every house, and Public Works Director Davis informed
the Board that this budget session he is requesting an additional
staff person to inspect building sites.
Commissioner Bowman felt a simple solution would be to build
on pilings and have a berm for the septic tank, but Board members
generally believed the public would not be receptive to buildings
on pilings. Chairman Lyons, however, noted that we cannot
continue to aggravate the problem.
Commissioner Wodtke expressed concern about an individual
having to hire an engineer to survey the surrounding properties
and figure out his drainage, but Chairman Lyons believed we can
28
I
just ask them to certify that they are not going to drown their
neighbor and not go into the business of designing and checking
designs.
Attorney Brandenburg noted that the vast majority of houses
will be in platted subdivisions and have sufficient drainage. We
are mainly talking about old subdivisions, and,this would not
require an engineer's certification, just that of the individual
applying for the permit.
Commissioner Bird inquired if the problem actually is of
such magnitude that we have to include it in the ordinance and
hire additional staff?
Commissioner Bowman believed that the people in Rockridge
wish this problem had been addressed years ago, as well as those
in Vero Lake Estates.
Administrator Wright agreed that Vero Lake Estates will be a
big problem, and Planner Richard Shearer noted that there are
over 10,000 vacant lots in the county.
Discussion continued at length as to required elevation,
health department standards, etc., and it was generally agreed
that this is a monumental problem.
Chairman Lyons did not believe we can solve this at this
time and suggested that we delete this section now and come back
to it later as he felt it should be addressed separately.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bowman, the Board unanimously
agreed to take Section 25S STORMWATER DISCHARGE
FROM SINGLE FAMILY LOTS out of the ordinance and
address it at another time.
Planning Director Keating next discussed 25 T. ACCESS
RESTRICTIONS ON SINGLE FAMILY LOTS - On single-family lots having
frontage on more than one roadway, access shall be limited to the
roadway with the lower functional classification.
29
MAY 15 1985 Book 0 v,+ u 89
Pip—
MAY 15 1985 800K.
Commissioner Bird asked if we really want to do this, and
Director Davis stated that if we don't we will destroy the
integrity of our collector system. He emphasized that access is
very important.
Administrator Wright pointed out that we don't want people
backing out on Old Dixie, for example.
Commissioner Wodtke wished to know how this relates to how
you lay out your lot, and Commissioner.Bird felt there should be
a way to have some exceptions - a variance, etc.
Chalfrman Lyons felt the functional classification is the
clue, and if people are between roads which are the same
classification, they have a choice. He then went on to discuss
the number of the sections in the ordinance and was concerned
that a section might have been lost.
Attorney Brandenburg noted that two new sections were added
in the new material, and one was just deleted - the numbering
will be changed accordingly.
Attorney Brandenburg had several suggestions re the ordi-
nance, as follows:
On Page 16, second paragraph - Definitions - which starts
out "A non -conformity shall be," he wished to add the following
language - " which was lawful prior to the passing of this
ordinance or any amendment thereto but which would be prohibited
.or further restricted under the terms of this ordinance or any
amendment thereto."
On Paragraph 5, Page 13, "cubicle" should be "cubic."
On Page 14, 25 L. Setback Requirements, first paragraph,
last sentence - this should refer to the County's Building Code,
and the next paragraph 2. Required Setbacks from Waterbodies
the second line should be "or other natural water bodies."
The Chairman asked if there were any further questions.
Commissioner Wodtke referred to Page 7, 3. Authorized Home
Occupations and 4. Non -Authorized Home Occupations and wished to
know if any of these are new.
30
r
Planning Director Keating stated that this is all new.
Right now we don't have any criteria for home occupations; this
is consistent with the policy we have been following, and staff
simply is trying to be specific.
Commissioner Wodtke asked what will happen if a question
arises as to whether something should be considered an authorized
or non -authorized occupation, and Director Keating stated that it
involves interpretation and will become an administrative matter
which will go to the Planning & Zoning Commission.
Commissioner Wodtke inquired about an individual who does
home counseling or a teacher who wants to tutor in her home,
etc., and Director Keating stated that technically they would not
be allowed as anything that would bring more traffic into the
neighborhood would not be allowed. He noted that there are
contractors with occupational licenses running businesses out of
their homes, and staff is working closer with Tax Collector
Morris on this.
Administrator Wright felt that common sense will dictate how
this is handled, and Commissioner Scurlock felt it will be
decided by a neighborhood argument as this usually is handled on
a complaint basis. He noted there must be hundreds of people who
have their hair done in someone's house.
Administrator Wright believed you don't generally have a
complaint until the business grows considerably.
Commissioner Wodtke continued to discuss tutoring students,
giving piano lessons, et -c., and felt we need some flexibility.
Commissioner Scurlock asked about child care, and Director
Keating that is covered in the definition section which specifies
that if it involves less than five children, it isn't considered
a child care facility.
Commissioner Bird suggested criteria relating to number of
trips generated per hour or something of the sort.
Director Keating agreed this could be done, but it would be
very difficult, and the worst part is the enforcement. He noted
31 BOOK 60 FA -UF. ®.99
MAY 15 1985
BOOK 900
there is always the variance provision if people can show it is
warranted.
Commissioner Wodtke asked about the case of people who have
been giving piano lessons for years, for example, and wished to
know if they will be allowed to continue.
Attorney Brandenburg felt there is room for the interpreta-
tion to allow piano lessons and that type of activity to occur
and that this is covered under paragraph j."Similar uses which do
not involve retail or wholesale sales transactions on the
premises, employment of persons other than occupants of the
dwelling, any greater assembly, processing, or fabrication
operations." He also felt it would be covered by the other
requirement that "No traffic shall be generated in greater
volumes than would normally be expected in a residential
neighborhood."
Chairman Lyons agreed. He noted that you cannot get this
set out exactly in black and white, and felt this is about as
close as we can get to it.
Commissioner Bowman commented that it is also required that
"no evidence of the occupation shall be visible or audible from
the exterior of the property."
Commissioner Bowman then discussed Page 7, 3.i. - The
renting of not more than one room for rooming or boarding for not
more than one person who is not transient. She believed some
couples have rented such rooms and that this should be limited to
one person.
Director Keating felt when you get into more than that, you
get into something categorized as a rooming house, and
Commissioner Bowman pointed out that she didn't want to eliminate
the'one room, but she did want to take out the "one person."
This was generally agreed upon.
Commissioner Wodtke continued to discuss Non -authorized Home
Occupations and whether people such as hairdressers will be
allowed to continue to operate out of their homes.
32
L-1
4
Director Keating stated that this is not allowed under the
current code so we would not consider it a legal use right now,
and, therefore, it would not be grandfathered. He noted that in
the past years there have been a number of variance requests for
beauty shops and dog grooming, and.he believed they all have been
turned down administratively and a few have appealed.
It was again pointed out that unless there is a complaint,
staff does not go looking for these situations.
Commissioner Wodtke noted if this will be interpreted as
Attorney Brandenburg says, he can live with it, but not as
Director Keating says.
Director Keating stated that he agreed with the Attorney.
Commissioner Wodtke next referred to Page 9, 25 E. PARKING
OF COMMERCIAL VEHICLES IN RESIDENTIAL AREAS
Director Keating stated that this was discussed extensively
at the workshops, and a number of changes have been made, which
he believed have satisfied most people. The way this is
structured, it will not adversely affect people who have
commercial vehicles which are not unsightly. The major
restrictions are such things as semi trailers, a commercial
vehicle over 3/4 ton, and commercial vehicles which have
construction or other similar materials on the outside of them.
Commissioner Wodtke noted under Definitions, apparently the
vehicle must meet the criteria set out in both parentheses (1)
and parentheses (2), but he found confusing the phrase "or
carrying passengers for -hire" which is at the end of parentheses
(2).
Attorney Brandenburg stated that "carrying passengers for
hire" should be tacked onto parentheses (1).
Commissioner Wodtke then addressed Page 11, 3. Prohibited
Walls and Fences; Residential Districts which states you cannot
have hazardous materials in a fence or wall in a residential
district. He noted there is a new fence which is electronic and
is used to keep pets -,from jumping over it.
33
MAY 15 1995 BOOK 60 PACE 901
I
MAY 15 1985
BOOK',uc
Staff stated that it would not be prohibited as long as it
is not hazardous to children or anyone in the neighborhood.
Commissioner Wodtke referred to Page 15, SEC 15 O SIGNS - he
questioned the wording "church or civic club such as Chamber of
Commerce, Rotary, Civitan or Kiwanis Club." He asked about the
Exchange Club and whether the Chamber of Commerce would be
considered a church or a civic club.
Commissioner Bowman felt this could be corrected very
quickly by saying "club, Chamber of Commerce or civic group."
Director Keating noted that this is a part where staff has
not made any changes, and they are going to go back over it but
hoped we could live with it for a while.
Director Keating informed the Board that on Page 17 there
will have to be some corrections just to change some of the new
non-residential districts to their new title and he asked for
authorization under Agricultural District to change to A instead
of A-1 and under Commercial Districts to delete all of the
Y
commercial designations except CRVP and replace them with the new
ones to make them conform to the new ordinance. This was agreed.
Chairman Lyons commented that when staff does work on the
sign ordinance, he would like them to prohibit lights on signs
that go contrary to the traffic and shine in drivers' eyes, and
Commissioner Bowman felt there also should be something to pro-
hibit lights that move.
On Page 19 Commissioner Wodtke wished to know if there is
any change re storage of recreational vehicles, and Director
Keating stated that there are no substantial changes; they have
just cleaned it up some.
Commissioner Wodtke then inquired about the Limitation on
numbers and location where these may be stored, and Director
Keating stated that it is the same.
Commissioner Wodtke noted that it says such storage shall
not be located in any required front or side yard. He aiso.noted
that a satellite dish shall not be located between any building
34
r.
I
and any front or side property line.. He wished to know what the
definition of a "required" front yard is, i.e., is that from the
side of the building all the way to the sidelines?
area.
Director Keating stated that the setbacks delineate the yard
Commissioner Wodtke noted that, in other words, they can
put the recreation vehicle by the side of the house, if it is not
In the required setbacks, and Director Keating confirmed that the
recreation vehicle can be put there but not the satellite dish.
Administrator Wright inquired about utility trailers, and
Director Keating stated you can put them in your garage or
carport, your side yard or back yard; just so it isn't within the
setbacks.
Commissioner Wodtke wished to know if a carport with just a
roof over it is considered enclosed, and Director Keating
confirmed that it is considered enclosed if it has a roof.
Commissioner Bird believed the required screening on
property lines for dish antennas is quite extensive and asked if
we have had many complaints.
Director Keating noted that there has been a case where
someone was sued in this regard by other property owners.
Commissioner Bowman commented that it seems if you screen
them too much, you might cut down on their efficiency, and Com-
missioner Wodtke did believe these satellite dishes are quite
directional and was not sure where they could get the right angle
in a backyard.
Director Keating pointed out that there is always the
possibility of a variance, and these can be put on the roof.
Commissioner Bird again expressed concern about the screen-
ing required to hide these satellite dishes, and Director Keating
qualified that we are talking about sight from ground level.
Commissioner Bird suggested language, i.e., to shield the
entity from the ground level view of surrounding properties, and
the Board agreed.
35
MAY 15 1985'9
9 fa�E
MAY 15 1985
BOOK PA 1J
Commissioner Wodtke referred to Page 22, 25 V 1. Establish-
ment of Coastal Line Setback and asked if this basically is in
our code now, and Director Keating confirmed that it was.
Commissioner Wodtke noted that interim line will be different.
Attorney Brandenburg felt we could say Coastal Construc-
tion Line or any interim line as established.
Commissioner Wodtke felt this needs a lot of discussion; he
stated that he was not proposing we make the change; he just
wanted to determine what line we are talking about as the interim
line requires local ordinances to be adopted.
In further discussion, it was agreed we do not need to make
any changes at this time.
Director Keating recommended one change in the paragraph
which states "No building or man-made structure, except dune
crossovers shall be located seaward of the Coastal Construction
Line.." He wished to add "and other similar minor structures,"
i.e., lifeguard towers, etc.
Commissioner Bowman asked why not just list lifeguard
towers, but Public Works Director Davis noted that "minor
structures" is the phrase the DNR uses under their guidelines.
Commissioner Lyons suggested we state "minor structures
as defined by the DNR." This was agreed upon.
Commissioner Wodtke then discussed 3.b. on Page 22 -
Stability of the Primary Dune/Beach System. He noted that we
have various dune systems and questioned if it is clear whether
we are talking about the primary or secondary dune system.
Director Keating stated that this relates to the primary
dune system, and Chairman Lyons did not feel there is any
question which dune is being referred to.
The Chairman asked if anyone from the public wished to be
heard.
Nancy Offutt, liaison for the Board of Realtors, came before
the Board speaking as an individual. She noted that she attended
the workshops and applauded staff for their open minds. She
36
believed they have come up with something that is quite workable.
Her question related to Page 6, c. Temporary Real Estate Sales
Offices and paragraph iv. Required Improvements which requires
that temporary real estate offices shall be required to provide
paved access to the site and paved.off-street parking. Mrs.
Offutt noted that these sales offices are very often located on
the property to be sold, and they would be obliged to pave the
temporary parking area even though eventually this would be a
homesite. She, therefore, suggested having the stabilized
parking, which would not have to be ripped up and which also
would provide better drainage.
Public Works Director Davis felt if it were a high use sales
area and the grass were not maintained, etc., it could be
hazardous. He did agree it is a temporary office, however, and
he could see both sides of the question.
Chairman Lyons stated that he had trouble with paving
something that is going to be torn up. He believed these people
obviously want their parking lot to be accessible while they are
there, but noted we do want to protect drainage.
Commissioner Bird felt the use most probably will be
infrequent, and if there is an undesirable situation, it would be
to the developer's detriment.
Administrator Wright suggested we say "stabilized parking
may be permitted with administrative approval." This was agreed
upon.
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Scurlock, the Board unanimously
closed the public hearing.
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Scurlock, the Board unanimously
adopted Ordinance 85-44, amending Section 25,
"GENERAL PROVISIONS" of the Zoning Code.
37
•:
BOOK P; ,E .995
I
MAT 15 `1985
eocK1
INDIAN RIVER COUNTY ORDINANCE NO. 8.5-44
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN
RIVER COUNTY., FLORIDA, AMENDING APPENDIX A OF THE CODE OF
LAWS AND ORDINANCES, KNOWN AS THE ZONING CODE, BY AMENDING
SECTION 259 ."GENERAL PROVISIONS", AND PROVIDING FOR THE
REPEAL OF CONFLICTING ORDINANCES, AS WELL AS CODIFICATION,
SEVERABILITY, AND EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN
RIVER COUNTY, FLORIDA, that:
SECTION 25: GENERAL PROVISIONS
SECTION 1
— Section 25 entitled "General Provisions" is hereby amended to read as follows:
25 A. HEIGHT EXCEPTIONS AND LIMITATIONS
1. Height Exceptions
The height limitations stipulated in the applicable districts shall
not apply to the following, provided that no such structure exceeds
the height: -:.limits for airport approach areas, as established in
para. 2, below:
-- church and monument sites;
-- chimneys;
-- flag poles;
-- silos;
-- elevator towers;
-- air conditioning.and condensing units;
--
windmills;
-- aircraft control towers and navigational aids;
--
Utility -transmission towers;
solar energy collectors; and
-- similar structures.
Notwithstanding, any radio, television or microwave transmission or
receiving tower which is greater than one hundred forty (140) feet
in height shall only be allowed subject to the criteria established
for such towers in Section 25.1 (I).
2. Hecht Limitations
No structure- shall be erected which would encroach into or through
any established public or private airport approach plan, prepared in
accordance with the criteria established by the Federal Aviation
Administration, including the Approach and Zoning Plan for the Vero
Beach Municipal Airport and any other airport or airstrip which may
currently exist or be created in the future.
25 B. 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 permit-
ted in this ordinance. No structure shall be erected within any ease-
ment, except as specifically authorized by this ordinance.
I. Structural Overhangs
Cornices, awnings, eaves, gutters or other similar structural over-
hangs 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.
2. Sills and Belt Courses
Sills, belt courses and similar ornamental features may extend six
(6) inches into any required yard.
3. Air Conditioners and Similar Mechanical Equipment
` i -
TABLE OF CONTENTS
SECTION 25: GENERAL PROVISIONS
Page
SECTION 1
a.
Nuisance, Hazardous•Features ....................... 4
25 A.
HEIGHT EXCEPTIONS AND LIMITATIONS .............................
1
Public Facilities and Services ...................... 4
d.
Natural Environment .................................. 4
1.
Height Exceptions ............................
f.
2.
Height Limitations
............................................ 4
5. Application
.............................................
25 B.
YARD ENCROACHMENTS ............................................
1
................................ 4
6. Standards for Specific Temporary Uses .................... 5
1.
Structural Overhangs ....
a.
2.
Sills and Belt Courses
3.
........................................
Air Conditioners and Similar Mechanical Equipment .............
1
1
4.
Fire Escapes, outside Stairways, Balconies, Chimneys, etc. ....
2
5.
Docks and Accessory Waterfront Structures .....................
2
6.
Swimming Pools, and Related Structures
a. Swimming Pools ...........................................
2
b. Pool Decks and Patios
....................................
C. Pool Enclosures
2
..........................................
2
7.
Trellises, Play Equipment, Lights, Outdoor Furniture, etc. ....
2
8.
Unenclosed Porches, Steps and Paved Terraces ...................
2
9.
Gasoline Pumps and Islands ....................................
2
10.
Walls and Fences
11.
..............................................
Utility Buildings
2
12.
.............................................
Parking Areas and Driveway ....................................
2
2
13.
Sidewalks
.....................................................
3
.25 C.
.TEMPORARY USES........................................a.ii'�...,
3
I. Authorization ............................................ 3
2. Definitions .............................................. 3
3. Authorized Temporary Uses by Zoning District ............. 3
a. Agricultural Districts ...................
b. Residential Districts ............................... 3
C. Commercial Districts ................................ 3
d. Industrial Districts .................... a ..... ...... 3
4. General Standards for Permitting Temporary Uses .......... 4
a.
Nuisance, Hazardous•Features ....................... 4
b.
0
Traffic and Parking ................................. 4
C.
Public Facilities and Services ...................... 4
d.
Natural Environment .................................. 4
e.
Site Suitability .................................... 4
f.
Duration
............................................ 4
5. Application
for Temporary Permit; Fees ................... 4
a.
b.
Termination ......................................... 4
Renewals, Extensions
................................ 4
6. Standards for Specific Temporary Uses .................... 5
a.
Model Homes ......................................... 5
i. Maximum Permit Period .......................... 5
ii. Off -Street Parking Requirements ................ 5
iii. Restrictions on Use ............................ 5
iv. Business Activities ..................... 5
V. Size and Dimension Standards ................... 5
vi. Signage ...... 5
vii. Illumination ................................... 5
MAY 15 1985 -i -
BOOK 60 F, JF 907
�MAY Is 1985
BOOK
Page
b. Temporary Construction Offices, Storage Buildings,
Trailers, and Watchmen's Quarters ...................
5
i. Maximum Permit Period ..........................
.....................
5
ii. Applicability of Permit(s).....................
5
iii. Limitations in Single Family Zoning Districts ..
6
iv. Limitation on Number of Trailers ...............
6
V. Location .......................................
6
vi. Dust Control, Appearance ....................... .
6
vii. Removal ... ..... .... .......................
viii.Screening in or Adjacent �
centto a
6
Residential District ...........................
6
_ C. Temporary Real Estate Sales Office ..................
6
i. Maximum Permit Period; Extensions .............. 6
ii. Type of Sales .................................. 6
iii. Hours of Operation; Lighting ................... 6
iv. Required Improvements .......................... 7
V. Minor Site Plan Approval Required .............. 7
25 D. HOME -OCCUPATIONS .............................................. 7
1. Authorizations ........................................... 7
2. Definitions .............................................. 7
3. Authorized Home Occupations .............................. 7
4. Non -Authorized Home Occupations .......................... 8
5. Home Occupations Requiring Planning and Zoning
Commission Approval ...................................... 8
6. Use Limitations .......................................... 8
a. Location ............................................
b. Merchandise ................................. a:....A
8
8
C. Exterior Alterations ................................
8
d. Outdoor Display or Storage ..........................
8
e. Employees ...........................................
f. Level of Activity ...................................
9
9
c
g. Traffic, Parking
9
h. Equipment, Processes ................................
9
i. Signs ...............................................
j. Licenses, Permits ...................................
9
9
7.
Application for Home Occupation Approval; Fees ...........
9
25 E.
PARKING OF COMMERCIAL VEHICLES IN RESIDENTIAL AREAS ...........
9
1.
Definitions ..............................................
9
2.
Restrictions on the Parking of Commercial Vehicles
in Residential Areas .....................................
9
25 F.
PARKING
OR STORAGE OF JUNK VEHICLES ...........................
10
1.
Parking or Storage of Junk Vehicles ......................
10
2.
Parking or Storage of Automobiles ........................
10
25 G.
ACCESSORY USES AND STRUCTURES .................................
10
1.
Authorization ............................................
10
2.
Definitions
3.
..............................................
Use Limitations
10
4.
..........................................
Location Regulations
10
.....................................
11
a. Attachment to Principal Building ....................
11
b. Parking and Loading .................................
11
C. Signs.
...... ......................................
d. Corner Visibility
11
...................................
. 11
25 H.
ABOVE
GROUND STORAGE OF GASOLINE AND OTHER
COMBUSTIBLE
FLUIDS
............................................
11
25 I.
WALLS
AND FENCES
..............................................
11
a�
ri-
t
Page
1.
2.
Generally ................................................
Height of Walls and Fences
11
...............................
11
a. Front Yard ..........................................
b. Side Yard
11
...........................................
C. Rear Yard
11
...........................................
11
3.
Prohibited Walls and Fences; Residential Districts .......
11
4.
Agricultural and Temporary Construction Fences .............
12
5.
Increased Height of Walls and,Fences .....................
12
a. Administrative Approval .............................
12
_
b. Application and Fee
12
C. Appeals of Decision .................................
12
6.
Use of Easements; Removal Agreement ......................
12
a Administrative Approval .............................
12
b. Application and Fee ................................
12
•
C. Removal Agreement ...................................
12
25 J.
NONCONFORMITIES
...............................................
13
I.
2.
Purpose and Intent ............. ..........................
Definitions
13
3.
..............................................
Continuation of Nonconformities ..........................
13
13
4.
Expansion or Change of Nonconformities ...................
13
a. Generally ........
b. Additions to Nonconforming Structures. ...............
13
13
c. Additions to Establishments With Site Related
Nonconformities.....................................
13
5.
Repair or Alteration of Nonconformities ..................
13
6.
Reconstruction of Nonconformities After Catastrophe ......
14
7.
Cessation of Nonconformities
14
.............................
25 K.
MINIMUM BUILDABLE WIDTH
.......................................
14
25 L.
SETBACK REQUIREMENTS ..........................................
14
1.
Street and Road Setbacks
14
2.Required
.................................
Setbacks From Waterbodies .......................
14
3.
S.R. 60 Front Setback Requirement ........................
14
25 M.
REQUIRED CORNER VISIBILITY ....................................
14
1.
2.
Location ............* .....................................
Vertical Clearance
14
.................................:......
15
25 N.
MOVING OF STRUCTURES ..........................................
15
1.
2.
Performance Bond .....................................
Requisite Drawings and Specifications
15
3.
....................
Site Plan Required .......................................
15
15
25 0.
SIGNS.........................................................
15
1.
2.
-Special Definitions ....................................
On -Site Signs
15
............................................
16
a. On -Site Signs, Generally .............................
16
b. Maximum sizes
.........................................
16
3.
Off -Site and On -Site Signs ...............................
16
a. Maximum heights .....................................
16
4.
5.
Off -Site Signs ............................................
Districts
16
................................................
17
MAY 15 1995
�►,,� �
_ -iii- B00'K
MAY IS 1985
BOOK
Page
a. Agricultural Districts (A-1). ........ ...........
17
b. Rural Transition Area Districts (RR and RS -1) .......
17
C. Residential Districts ...............................
17
i. Single Family Districts ........................
17
ii. Two -Family Districts ...........................
17
iii. Multiple Family Districts ......................
17
iv. Mobile Home Districts ..........................
17
d. Commercial Districts .................................
17
i. Planned Business District.................. ....
17
ii. Restricted Commercial District .................
18
iii. Commercial District ............................
18
iv. Heavy Commercial District .... ....... ..... ..
18
V. Commercial Recreational Vehicle Park District ..
18
e. Office Districts ....................................
18
f. Industrial Districts ................................
18
i. LM -1: Light Manufacturing District .............
18
ii. M-1: Restricted Industrial District ............
18
g. Marine Park Districts ...............................
18
i. MP: Marine Park ................................
18
h. Special Purpose Overlay Districts ...................
19
6. Political Signs, Political Advertising and Billboards ....
19
7. Obscene, indecent, lewd or immoral signs prohibited::....,.
19
8. Strip lighting ...........................................
19
9. Permits ..................................................
19
25 P. SEPTIC TANKS AND DRAINAGE FIELDS ..............................
19
25 Q. UNENCLOSED STORAGE OF RECREATIONAL VEHICLES,
TRAILERS AND BOATS ............................................
19
1. Special Definitions ......................................
19
2. Unenclosed Storage of Trailers, Campers and Boats;
Restrictions in Residential Zoning Districts .............
20
a. Ownership of Recreational Vehicles and Boats;
Authorized Storage ..................................
19
b. Limitation on Number of Recreational Vehicles .......
20
C. Limitation on Number of Boats .......................
20
d. Location of Unenclosed Storage Areas ................
20
e. Licensing........ ......................... ..........
f. Use Limitations
20
.....................................
g. No Public Facilities Hook -Ups .......................
20
20
h. Limitations on Length of Recreational
Vehicles, Variances .................................
20
3. Storage of Recreational Vehicles and Boats in
Multi -Family Residential Areas ...........................
20
25 R. RESERVED......................................................
21
25 S. RESERVED —..................................................
21
26 T. ACCESS RESTRICTIONS ON SINGLE FAMILY LOTS .....................
21
25 U. SATELLITE DISH ANTENNAS
.......................................
21
C
Page
1.
2.
Definition ...............................................
Location Restrictions
21
3.
....................................
Screening From Residential Districts .....................
21
21
25 V. ESSENTIAL SERVICES
21
............................................
25 W. PIERS, DOCKS, AND BOATSLIPS...........0.........0
21
.............
I.
2.
Definitions ...............................................
Restrictions Upon Regularly Moore Watercraft;
21
3.
Maintenance ..............................................
Location of Boatslips
21
4.
....................................
Projection of Waterfront Structures
22
22
......................
a. Unwalled Boat Shelters ..............................
b. Extension of Docks and Piers into Waterways,
22
Generally ...........................................
C. Tie -off Piles
22
.......................................
22
5.
Side Lot Line Encroachment Prohibited ....................
22
25 X. COASTAL
MANAGEMENT AND SHORELINE PROTECTION ...................
22
1.
Establishment of Coastal Line Setback ....................
22
2.
Dune and Vegetative Disturbance Prohibited ...............
22
3.
Protection of Beach and Dune System ......................
23
a. Beach Access ........................................
b. Stability of the Primary Dune/Beach System ..........
23
23
r
c. Shoreline Protection ................................
23
d. Prohibition of Motorized Vehicles ...................
23
e. Regulation of Beach Cleaning Activities .............
23
7
f. Protection of Sea Turtles ........ .......
23
.....,,-:... ...
4.Roadways
..................................................
23
. 5.Parking
Prohibited .......................................
23
6.
Regulations During Construction ..........................
23
7.
Operations of Motor Vehicle ..............................
23
8.
Emergency Provision ......................................
24
25 Y. EXCAVATION OF CANALS AND WATERWAYS ............................
24
1.
2.
Limitations ..............................................
Minimum Width and Depth; Environmental Protection ........
24
24
SECTION 2
INCORPORATION IN CODE ..............................................
25
SECTION 3
SEVERABILITY.........................................................
25
SECTION 4
EFFECTIVE
DATE .....................................................
25
MAY
600K D rrgv,91_
MAY 15 1985 aooK
Air conditioning equipment, sprinkler system controls and similar
mechanical equipment (including utility's pad mounted equipment) may
project into any required yard provided that the equipment is
mounted in a manner contiguous to the building.
4. Fire Escapes, Outside Stairways, Balconies, Chimneys, etc
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.
5. Docks and Accessory Waterfront Structures
Docks and other permitted accessory waterfront structures are
allowed within required yards, excluding required side yards (Cross
reference: §25 T).
6. Swimming Pools, and Related Structures
a. Swimming Pools
No swimming pool shall be located closer than ten (10) feet to
any rear property line, or five (5) feet to any easement,
whichever distance is greater.
b. 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.
C. Pool Enclosures
No screen enclosures for swimming pools shall be lflcate4 within
an easement or closer than ten (10) feet to the rear property
line.
7. Trellises, Play Equipment, Lights, Outdoor Furniture, etc.
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 proper-
ty line and clear of all easements. Only one (1) such utility
building or shed may be allowed to encroach into a required yard on
a single lot or parcel of land.
12. Parking Areas and Driveways
Trellises and trellisework, play equipment, wires, lights,
outdoor
furniture, mailboxes, ornamental entry columns and gates, and
outdoor equipment are allowed within required yards.
8.
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.
9.
Gasoline Pumps 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.
10.
Walls and Fences
Fences and walls are allowed within required yards, subject
to the
provisions of Section 25(1), Walls and Fences.
11.
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 proper-
ty line and clear of all easements. Only one (1) such utility
building or shed may be allowed to encroach into a required yard on
a single lot or parcel of land.
12. Parking Areas and Driveways
Where off-street parking is required pursuant to §24 of this Zoning
Code, 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.
Parking areas and driveways are allowed to encroach within required
side yards of multi -family residential and nonresidential districts.
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 inter-
section with the right-of-way. Driveways accessing rear or side
entry garages of a single family home may come within two (2) feet
of a side lot line.
13. Sidewalks
Sidewalks are allowed to encroach within required yards.
25 C. TEMPORARY USES
I. Authorization
Temporary uses, as provided herein, may be allowed within various
zoning districts upon issuance of a temporary permit.
2. Definitions
For the purposes of this Ordinance, the following definitions shall
apply unless the context otherwise requires.
Temporary Meeting, Recreation or Amusement Facility. A temporary
use such as a carnival, circus, festival, fair, horse or other
animal show, tent meeting, music festival, and similar activities.
Temporary Use. A use established for a fixed period -of time with
the intent to discontinue such use upon expiration of the time
period.
3. Authorized Temporary Uses by -Zoning District
The following temporary uses shall be allowed within the zoning
districts specified upon compliance with all applicable County
regulations and issuance of a temporary permit by the Director of
Planning and Development.
a. Agricultural Districts.
i. Christmas Tree Sales
ii. Model Homes
iii. Temporary Construction Offices
iv. Temporary Meeting, Recreation or Amusement Facilities
v. Temporary Real Estate Offices
vi. Temporary Sale of Fruits and Vegetables
vii. Similar Temporary Uses
b. Residential Districts.
i. Model Homes
ii. Temporary Construction Offices
iii. Temporary Real Estate Offices
iv. Similar Temporary Uses
C. Commercial Districts.
i. Christmas Tree Sales
ii. Temporary Construction Offices
iii. Temporary Meeting, Recreation or Amusement Facilities
iv. Temporary Real Estate Offices
V. Similar Temporary Uses
d. Industrial Districts.
-3-
MAY 15 1985 BOOK �,��t
MAY 15 1995
4.
5.
BOOK 60 f'1 GE 9314
i. Temporary Construction Offices
ii. Temporary Meeting, Recreation or Amusement Facilities
iii. Temporary Real Estate Offices
iv. Similar Temporary Uses
General Standards for Permitting Temporary Uses
No temporary use shall be permitted unless the Director of Planning
and Development or his designate determines that the following re-
quirements are met:
a. Nuisance, Hazardous Features
Adjacent uses shall be suitably protected from any nuisance or
hazardous features involved in the use.
b. Traffic and Parking
The use will not create hazardous vehicular or pedestrian
traffic conditions, or result in traffic in excess of the
capacity of streets serving the use, and any proposed parking
and driveway layouts are determined to be adequate for the use
and have been approved.
C. Public Facilities and Services
Adequate utility, drainage, refuse management, emergency
services and access, and similar necessary facilities and
services will be available for the use, and all necessary
sanitary facilities have been approved by the County Health
Department.
d. Natural Environment
The proposal will not have a substantially adverse impact on
the natural environment.
e. Site Suitability
The site is suitable for the proposed use, considering flood
hazard, drainage, soils, and other conditions which may consti-
tute a danger to life, health, or property.
f. Duration
The time the use is permitted is as short as practicable.
Application for Temporary Permit; Fees
Any person desiring to establish a temporary use, as authorized
herein, shall submit an application for a temporary permit to the
Planning and Development Division. The application shall be on a
form provided by the County and shall include all information
required for a complete application. All such applications shall
also be accompanied by a fee, as established by the Board of County
Commissioners. The complete application and fee must be submitted
at least twenty (20) days prior to the proposed commencement date
for the use.
a. Termination
At the end of the time period for which the temporary use was
permitted, including any renewal or extension periods, the use
shall be discontinued, and all temporary structures involved
removed. Failure to comply with this requirement shall be a
violation of this Ordinance.
b. Renewals, Extensions
Requests for the renewal or extension of -a temporary use may be
made to the Director of Planning and Development. Such renewal
or extension may be granted, subject to the standards and
procedures of this Section.
6. Standards for Specific Temporary Uses
a. Model Homes
As specified in this section, model homes shall be an au-
thorized temporary use and may be utilized as such, provided
the following requirements are met:
i. Maximum Permit Period... Temporary permits for model homes
may be issued for a period not to exceed one (1) year.
The Director of Planning and Development may renew said
permit upon application, provided that the model home has
been constructed and operated in accordance with the
standards herein.
ii. Off -Street Parking Requirements. All parkin shall be
provided off-street and a minimum of five ?5) parking
spaces shall be provided.
iii. Restrictions on Use. The permit holder may not use the
model home as his or her principal place of business. The
model home shall be used for display purposes only, and
not as a contractor's office, real estate office, or annex
thereof. However, price quotations may be given and
binders may be executed on the premises.
iv. Business Activities. Business activity may be conducted
at the model home only between the hours of 9 a.m. and 6
p.m., seven days per week; and not more than two permanent
employees (in addition to the owner thereof) shall be
authorized to remain in the model during the business day.
V. Size and Dimension Standards. The model home shall meet
all district requirements for lot and yard dimensions,
open space standards and all other applicable County
regulations.
vi. Signage. All signs shall conform with County sign regu-
lations; however, on -premises model home signs shall not
be illuminated.
vii. Illumination. Model homes may be illuminated, but only
for security purposes and shall not cause a glare or
infringe on neighboring properties or impede traffic.
b. Temporary Construction Offices, Storage Buildings, Trailers,
and Watchmen s Quarters
Trailers or recreational vehicles which are used temporarily in
connection with construction activities and are used as either
an office or .watchman's residence or storage area may be
permitted to locate in any zoning district under a temporary
permit issued by the Director of Planning and Development,
provided the following requirements are met:
i. Maximum Permit Period. Temporary permits may be issued
for temporary trailers for a period of up to one (1) year.
Upon showing of good cause, such permits may be renewed
annually by the Director of Planning and Development. In
no case shall a permit be renewed for a period of time
which extends beyond the termination date of an active
building permit for the project.
ii. Applicability of Permit(s). The temporary permit shall
specifically state the number of trailers permitted and
the use of each such trailer. Additional trailer(s) shall
require the issuance of additional permit(s).
MAY 15 1985 -5- BOOK PAGE .915
MAY 151985
BOOR. 69
iii. Limitations in Single Family Zoning Districts. Con-
struction offices and trailers, storage building and
similar temporary construction activities shall not be
authorized temporary uses upon a lot in a platted subdivi-
sion in the RS -1, RS -3 and RS -6 zoning districts, except
when construction is being undertaken with an authorized
land development permit (i.e., for road, water, drainage
or sewer improvements).
On any single family lot, such uses shall not exceed one
hundred (100) square feet and shall not be used for living
purposes.
iv. Limitation on Number of Trailers. In any district, there
shall a permitted a maximum of one (1) office and one (1)
storage trailer per contractor or subcontractor working on
the site.
V. Location. Such uses shall be located within the lot or
subdivision involved in the construction project.
vi. Dust Control, Appearance. All construction areas and all
access roads thereto shall be maintained so as to prevent
dust or debris from blowing or spreading onto adjoining
properties or onto any public right-of-way. Such areas
shall be maintained in a clean and orderly manner, and
building material and construction residue and debris
shall not be permitted to accumulate.
vii. Removal. All buildings, materials, supplies, and debris
shall be completely removed from such areas within thirty
(30) days from the date of completion of the last building
to be constructed or within thirty (30) days from the date
active construction is discontinued, whichever occurs
first, but in no event shall the time exceed the, maximum
permit period set forth herein.
viii.Screening in or Adjacent to a Residential District. Where
deemed necessary by the Director of Planning ani—Develop-
ment, when such construction areas are to be located in or
adjacent to a residential district, appropriate screening
or fencing measures shall be required.
C. Temporary Real Estate Sales Offices
In authorized zoning districts, the developer or his agent may
establish a sales office of not more than seven hundred fifty
(750) square feet gross floor area, in a separate temporary
structure for the purpose of marketing for sale ten (10) or
more lots or units which are contiguous, subject to the follow-
ing conditions and restrictions:
i. Maximum Permit Period; Extensions. The sales office may
not be permitted to be used for such purpose for more than
twelve (12) months from the date of issuance of the
temporary use permit, and thereafter shall be removed or
shall be used in accordance with all regulations of the
district in which it is located. The temporary permit may
be extended one (1) time for a period not to exceed three
(3) months. Sales offices located on the premises after
the expiration of the permit must be located in a perma-
nent structure.
ii. Type of Sales. The sales office shall not be used to
promote or market for sale any lot or unit which is not
part of the common, contiguous project being marketed by
the same developer and agent.
iii. Hours of Operation; Lighting. Neither the sales office
nor signs shall be illuminated, other than for security
purposes, or used for any business activity after 9:00
P.M., except as may be allowed in nonresidential zoning
districts.
iv. Required Improvements. All temporary real estate offices
shall be required to provide paved access to the site and
paved off-street parking, pursuant to the requirements of
Section 24. However, stabilized parking may be allowed if
approved administratively by the Director of Planning and
Development. The temporary real estate office shall also
satisfy all applicable landscaping requirements and shall
be served by water and wastewater services.
a. Artists and sculptors.
b. Authors and composers.
C. Dressmakers, seamstresses and tailors.
d. Computer programming.
e. Home crafts, such as model making, rug weaving, lapidary work,
and ceramics.
f. Office facility of a minister, rabbi, priest or other similar
person associated with a religious organization.
g. Office facility of a salesman, sales representative, or man-
ufacturers representative, provided that no retail or wholesale
transactions are made on the premises.
h. Telephone answering services.
i. The renting of not more than one room for rooming or boarding
persons who are not transients.
j. Similar uses which do not involve.retail or wholesale sales
transactions on the premises, employment of persons other than
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BOOK 60 P lu. 917
V. Minor Site Plan Approval Required. Minor site plan
approval, pursuant to Section 23, shall be required prior
to the issuance of a temporary permit. The site plan for
_
the use shall identify the required paved access and
parking areas, landscaping, water and wastewater service,
and all other improvements required for minor site plan
approval.
25. D HOME
OCCUPATIONS
1.
Authorizations
Home occupations are permitted in any dwelling unit subject to the
following provisions.
2.
Definitions
For the purpose of this Ordinance the following definitions shall
apply unless the context otherwise requires.
Home Occupation. Any occupation or activity carried on within a
residential property, where the activity is conducted only by
members of the family living within the residence, There products
are not offered for sale from the premises, where no evidence of the
occupation is visible or audible from the exterior or the residen-
tial property, where traffic is not generated in excess of that
customary at residences and where no commercial vehicles are kept on
the premises or parked overnight on the premises unless otherwise
permitted by these regulations.
3.
Authorized Home Occupations
The following home occupations shall be permitted uses, subject to
the requirements of this section and the respective zoning district.
a. Artists and sculptors.
b. Authors and composers.
C. Dressmakers, seamstresses and tailors.
d. Computer programming.
e. Home crafts, such as model making, rug weaving, lapidary work,
and ceramics.
f. Office facility of a minister, rabbi, priest or other similar
person associated with a religious organization.
g. Office facility of a salesman, sales representative, or man-
ufacturers representative, provided that no retail or wholesale
transactions are made on the premises.
h. Telephone answering services.
i. The renting of not more than one room for rooming or boarding
persons who are not transients.
j. Similar uses which do not involve.retail or wholesale sales
transactions on the premises, employment of persons other than
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BOOK 60 P lu. 917
MAY 15 1985
BOOK
occupants of the dwelling, any greater assembly, processing, or
fabrication operations.
4. Non -Authorized Home Occupations
The following shall not be interpreted to be permissible home occu-
pations:
a. Automotive repair or paint shops.
b.__ Barber shops and beauty shops.
c. Child care centers.
d. Dog grooming services.
e. Food service establishments.
f. Funeral chapels, funeral homes.
g. Giftshops.
h. Massage parlors.
i. Nursing homes.
j. Medical or dental laboratories.
k. Outdoor repair.
1. Rental of any equipment or other items.
M. Restaurants.
n. Veterinary hospitals and clinics.
o. 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.
5. Home Occupations Requiring Planning and Zoning Commission Aanroval
Any proposed home occupation which is neither specifically permitted
by para. 3, nor prohibited by para. 4 shall be considered a use
requiring an administrative permit and either approved, approved
with conditions or denied by the Planning and Zoning Commission,
based on the criteria established herein.
6. Use Limitations
In addition to the regulations applicable in the zoning district in
which located, all home occupations shall be subject to the follow-
ing limitations and requirements.
a. Location
A home occupation shall be conducted within a dwelling which is
the bona fide residence of the principal practitioner or in any
building accessory thereto which is normally associated with a
residential use.
b. Merchandise
No stock in trade shall be displayed or sold on the premises.
C. Exterior Alterations
No alterations to the exterior appearance of the principal
residential building or premises shall be made which changes
the character thereof as a residence.
d.. Outdoor Display or Storaqe
No outside display of goods or outside storage of equipment or
materials used in the home occupation shall be permitted.
e. Employees
No persons other than a member of the immediate family occupy-
ing such dwelling shall be employed on the premises.
f. Level of Activit
The use of the dwelling unit for the home occupation shall be
clearly incidental and subordinate to its use for residential
purposes by its occupants, and shall under no circumstances
change the residential character thereof.
g. Traffic, Parkin
No traffic shall be generated by such home occupation in
greater volumes than would normally be expected in a residen-
tial neighborhood, and any need for parking generated by the
conduct of such home occupation shall be met off the street.
h. Equipment, Processes
No equipment or process shall be used in such home occupation
which creates noise, vibration, glare, fumes, odors, or elec-
trical interference detectable to the normal senses off the
premises. In the case of electrical interference, no equipment
or process shall be used which creates visual or audible inter-
ference in any radio or television receivers off the premises.
i. Signs
No signs accessory to such home occupation shall be displayed
except as permitted or authorized by applicable- County sign
regulations.
j. Licenses, Permits
A home occupation shall be subject to all applicable County
occupational licenses and permits.
7. Application for Home Occupation Approval; Fees
Any person desiring to establish a home occupation, as authorized
herein, shall submit an application for a home occupation to the
Planning and Development Division. The application shall be on a
form provided by the Planning and Development Division and shall
include all information required for a complete application. All
such applications shall also be accompanied by a fee, as established
by the Board of County Commissioners.
25 E. PARKING OF COMMERCIAL VEHICLES IN RESIDENTIAL AREAS
1. Definitions
For the purposes of this Ordinance the following definitions shall
apply.
Commercial Vehicle means any motor vehicle which: (1) is designed or
used principally for business, governmental, or non-profit orga-
nizational purposes or for carrying passengers for hire and (2) has _
a platform, cabinet, box, rack, compartment, or other facility for
transportation of materials, equipment, and items other than the
personal effects of private passengers.
2. Restrictions on the Parking of Commercial Vehicles in Residential
Areas
No commercial vehicles shall be parked overnight nor for an extended
period (more than ten hours in any calendar month) on any
MAY 15 1995 -9- BOOK GO Fr1GE� II
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BOOK
GQ F'�t"TE 9 20
residentially used lot, in the street abutting such lot, or on res-
identially zoned land, not including the A-1 district, except:
a. Commercial vehicles not exceeding three-quarters (3/4) ton
rated capacity used by the resident of the premises, limited to
one (1) per premises and parked off-street in a garage, carport
or driveway. No construction or similar materials shall be
stored or transported on the outside of such vehicles.
b. Commercial vehicles temporarily parked on a lot for the purpose
of providing construction, transportation, or other services
specifically for the location where such vehicles are parked.
C. In no case shall a commercial vehicle which is used for hauling
explosives, gasoline or liquified petroleum products be permit-
ted to be parked for an extended period in a residential area.
25 F. PARKING OR STORAGE OF VEHICLES
I. Parking or Storage of Junk Vehicles
No junk vehicle shall be parked, and no motor vehicle frame, vehicle
body, or vehicle body part shall be stored on residentially zoned or
used property unless expressly permitted by this Ordinance, except
when parked or stored in a completely enclosed garage or building.
In any agricultural district, one (1) such vehicle is permitted in
the rear yard, completely screened from view of neighboring homes
and properties.
2. Parking or Storage of Automobiles
A maximum of three automobiles (not including recreational vehicles)
may be parked in an unenclosed area on a single family zoned lot.
However, one additional vehicle for each licensed driver permanently
residing at the premises may be parked on the lot. —No automobile
may be parked or stored in any required yard area. The provisions
of this section shall not preclude the parking of automobiles by
persons visiting a single family home.
25 G. ACCESSORY USES AND STRUCTURES
1. Authorization
Accessory uses are permitted in all zoning districts, as provided
below.
2. Definitions
For the purposes of this Ordinance the following definitions shall
apply unless the context otherwise requires.
Accessory Use means a use or structure 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.
3. Use Limitations
a. No accessory structure shall be built prior to the construction
of the principal use.
b. No accessory structure shall be occupied or utilized unless the
principal structure to which it is accessory is occupied or
utilized.
t
c. All accessory uses and structures shall comply with the use
limitations applicable in the zoning district in which located.
d. All accessory uses and structures shall comply with the maximum
height regulations applicable in the zoning district in which
they are located, except as may be qualified by Section 25(A).
4. Location Regulations
a. Attachment to Principal Buildin
If an accessory -type building shares a structural wall with a
principal building, it shall be deemed to be a part of the
principal building and shall comply in all respects with the
requirements of this Ordinance applicable to a principal build-
ing.
b. Parking and Loading
Off-street parking and loading spaces shall be located in
accordance with the provisions of Section 24.
C. Signs
Signs shall be located in accordance with the provisions of
applicable sign regulations.
d. Corner Visibility
No accessory structure or use may be located in any required
corner visibility triangle as established in Section 25(M).
25 H. ABOVE GROUND STORAGE OF GASOLINE AND OTHER COMBUSTIBLE FLUIDS
Where an above ground storage of gasoline, petroleum _&i -Is or other
flammable fluids are permitted, then any such facility for storage having
a capacity in excess of five hundred (500) gallons shall be in compliance
with the National Fire Protection Association requirements.
25 I. WALLS AND FENCES
1. Generally
2.
3.
Fences and walls shall not be constructed on or over any dedicated
public drainage or utility easements or public rights-of-way, except
in agricultural districts where such walls and fences may be au-
thorized upon written consent of the public authority.
Height of Walls and Fences
a. Front Yard
Fences not exceeding forty-two (42) inches in height may be
erected in the.front yard of any lot.
b. Side Yard
Fences not exceeding six (6) feet in height may be erected in
the side yard of any lot provided they do not extend beyond the
front setback line.
C. Rear Yard
Fences not exceeding six (6) feet in height may be erected in
the rear yard of any lot within a zoning district, provided
that no fence shall be erected in a utility easement.
Prohibited Walls and Fences Residential Districts
No barbed wire, electrical elements, or other hazardous materials
shall be maintained as a fence or part of a fence or wall in a res-
idential district.
Y 15 1985
-11- BOOK FA,F ?.
MAY 1 1985 BOOK'
4. Agricultural and Temporary Construction Fences
All fences in agricultural districts and temporary fences used at a
construction site for the purpose of security shall be exempt from
the height provisions of this section, provided corner visibility is
maintained.
5. Increased Height of Walls and Fences
a. Administrative ADDroval
Higher fences and walls than listed above and all barbed wire
fences shall require prior administrative approval by the Plan-
ning and Development Director. Before administrative approval
may be issued, the Planning and Development Director must first
determine that the structure will be visually compatible in the
area in which it is to be located and that the additional
security provided by such fence.is reasonably necessary given
the location or use of the property. A determination as to
visual compatibility shall be based upon the number, proximity,
height and design of other fences or walls in the area. If
mandatory approval by an architectural control or review board
having authority in the neighborhood or subdivision is
required, then such recommendation shall be received prior to a
determination by the Planning and Development Director under
this provision, and any such architectural review board deci-
sion shall be given substantial weight in the county's review
process.
b. Application and Fee
The applicant shall submit an application and fee for adminis-
trative approval. The application shall be issued by the
Department of Planning and Development and the fee will be
established by resolution of the County Commission:
C. Appeals of Decision
If an applicant disagrees with a determination made by the
Planning and Development Director under these provisions,
review shall be available to the applicant by way of written
appeal to the Planning and Zoning Commission.
6. Use of Easements; Removal Agreement
a. Administrative Approval
No fence or wall shall be built in a utility or drainage
easement without prior administrative approval from the Plan-
ning and Development Division. The division shall contact all
present or intended users of an easement within which a fence
approval has been requested with respect to the application for
comment thereon prior to a determination on the approval
request.
b. Application and Fee
Request for administrative approval shall require the applicant
to submit an application and fee to the Department of Planning
and Development. The application shall be issued by the
Department of Planning and Development and the -.fee will be
established by the County Commission.
C. 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 among 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 relocation of the fence or wall if
determined necessary to make use of the easement, and shall
hold harmless 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.
25 J. NONCONFORMITIES
I. Purpose and Intent
It is the purpose and intent of this Section to permit the continua-
tion of those lots, structures, uses, characteristics of use or
combinations thereof which were lawful before the passage of this
ordinance, but which would be prohibited, regulated, or restricted
under the terms of this ordinance or future amendments. It is the
further purpose and intent of this section to allow nonconforming
lots, structures, uses, and characteristics of uses and combinations
thereof to continue subject to specific conditions or limitations.
2. Definitions
For the purposes of the zoning ordinance, the following definition
shall apply unless the context otherwise requires.
A nonconformity shall be defined as a lot, structure, use of land,
or any combination thereof, which was lawful prior to the passage of
this ordinance or any amendment thereto, but which would be prohib-
ited or further restricted under the terms of this ordinance or any
amendment thereto.
Nonconformity, Site -Related shall be defined as a characteristic of
the site, such as off-street parking or loading, lighting, landscap-
ing, drainage or similar matters which are incidental -to the..princi-
pal use of the property but which do not satisfy current County
standards, as established in these zoning regulations.
3. Continuation of Nonconformities
Nonconformities may be continued so long as they remain otherwise
lawful, subject to the remaining provisions of this section.
4. Expansion or Change of Nonconformities
a. Generally
No nonconformity shall be enlarged or changed to a different
nonconformity, except upon a determination by the Director of
Planning and Development that the change results in a lessening
of the degree of nonconformity.
b. Additions to Nonconforminq Structures
Additions to nonconforming structures containing conforming
uses, shall be permitted if the additions to the structures
comply fully with setback and other applicable site -related
regulations.
C. Additions to Establishments With Site Related Nonconformities.
Additions to structures on a nonconforming site, which are
below the threshold of a major site plan, may be permitted
provided that such addition is in conformance with all applica-
ble laws and ordinances of the County and does not create a
nonconforming use or structure or increases the existing site
related nonconformity. Any addition exceeding the threshold
for minor site plans shall require all site related nonconfor-
mities to be terminated and brought in compliance with all
applicable ordinances of the County.
5. Repair or Alteration of Nonconformities
•
-13- BOOK 60 fk�,GG 923
L_ MAY 15
MAY 15 1985
6.
7.
BOOK G 'E." 2.
Repairs, maintenance and improvements of nonconformities may be
carried out, provided that such work does not increase the cubic
content of the building or the floor or ground area devoted to the
nonconforming use or in any way increases or creates a site -related
nonconformity. The preceding requirement does not prevent compli-
ance with applicable laws or requirements relative to the safety and
sanitation of a building occupied by a nonconforming use.
Reconstruction of Nonconformities After Catastrophe
If_any nonconforming structure or use or an establishment containing
a site related nonconformity is damaged by fire, flood, explosion,
collapse, wind or other catastrophe to such an extent that the cost
of repair or reconstruction will exceed fifty (50) per cent of the
building's value as shown on the tax assessment roll at the time of
the damage, the nonconformity shall be deemed terminated. No repair
or reconstruction may occur except when such repair or recon-
struction results in the conversion of the previous nonconformity to
a conforming structure and/or use or site. In the event that damage
to a nonconformity may be repaired by an investment of less than
fifty (50) per cent of the appraised value of the nonconformity as
shown on the tax assessment roll at the time of the damage, such
repair shall be permitted and the nonconformity may continue.
Cessation of Nonconformities
If, for any reason, a nonconforming use of land, a nonconforming
structure or an establishment having a site related nonconformity
ceases operation for a continuous period of ninety (90) days or
more, or a nonconforming structure is removed for a continuous
period of ninety (90) days or more, all nonconformities shall be
considered terminated and shall not thereafter be reestablished.
25 K. MINIMUM BUILDABLE WIDTH
Side yard requirements notwithstanding, all existing lots of record shall
be permitted to have side yards reduced in order to allow a. minimum
buildable width of thirty (30) feet. The thirty (30) foot width shall be
located so that the buildable area is centered in relation to the width
of the lot, and that side yards of equal width are maintained.
25 L. SETBACK REQUIREMENTS
1. Street and Road Setbacks
In the event of the recording of any proposed street or road in the
office of the Clerk of the Circuit Court of Indian River County, or
in the event of the designation or establishment by the Board of
County Commissioners of any proposed public street or road, the same
shall thereupon immediately be used as the reference point for the
purpose of determining setbacks for new construction under the terms
of this Ordinance. This provision shall not prevent the recon-
struction of a full or partially damaged or destroyed legally
nonconforming structure so long as the rebuilt structure is consis-
tent with the County's Building code.
2. Required Setbacks From Waterbodies
All residential properties which abut the intracoastal waterway,
Indian River or other natural water bodies shall provide for a
minimum rear yard setback of twenty-five (25) feet --between all
structures and the waterbody. Exceptions to this provision may be
made, as provided in Section 25 B of this ordinance.
3. S.R. 60 Front Setback Requirement
All developments abutting S.R. 60 shall have a minimum front setback
of seventy-five (75) feet.
25 M. REQUIRED CORNER VISIBILITY
1. Location
On every corner lot, the triangle formed by the street lines of such
lot and a line drawn between points on such street lines which are
thirty (30) feet from the intersection thereof shall be clear of any
structure or planting of such nature and dimension as to obstruct
lateral vision; provided that this requirement shall generally not
apply to trunk of a tree, (but not branches or foliage), or a post,
column or similar structure which is no greater than one (1) foot
in cross section or diameter. In addition, when applicable, all
sight distance requirements of the Indian River County Landscape
Ordinance shall also be maintained.
2. Vertical Clearance
Such lateral vision shall be maintained between a height of thirty
(30) inches and ten (10) feet above the average elevation of the
existing surface of the both streets measured along the center lines
adjacent to the visibility triangle.
25 N. MOVING OF STRUCTURES
No structure larger than one hundred and fifty (150) square feet or a
building which is to be used as a family dwelling, shall be moved into
the County or from one lot or parcel to another within the County unless
such building or structure is made to conform to all of the requirements
of the Southern Standard Building Code in effect in this County at the
time of the moving and the requirements of the zoning district in which
the building or structure is to be placed.
1. Performance Bond
Any person applying for a permit to move a building or structure,
must post a bond or other security acceptable to the County Attorney
in an amount equal to one hundred fifteen (115%) percent of the cost
of improvements required to bring the building or structure into
compliance with applicable County regulations. Such bond or,.securi-
ty must be deposited with the Clerk of the Board of County Commis-
sioners, payable to the order of the Board of County Commissioners
of Indian River County, Florida.
The purpose of the bond or other security is to guarantee compliance
in full within one year with the applicable requirements of the
Southern Standard Building Code and of these Zoning Ordinance and to
restore any public or private property damaged while the building or
structure is being moved. Failure to fully comply within one year
as above stated, will result in forfeiture of the bond to the Board
of County Commissioners of Indian River County, Florida.
2. Requisite Drawings and Specifications
All applicants for a permit to move an existing structure, as above
stated, are required to furnish the Director of Planning and Devel-
opment three sets of drawings, said drawings to be prepared and
sealed by an architect or engineer registered in the State of
Florida certifying .that the structure meets all requirements as
above outlined, or three sets of drawings to be prepared and sealed
by an architect or engineer registered in the State of Florida
showing the proposed changes to the building or structure after it
has been moved, that will bring it within all applicable require-
ments of the Southern Standard Building Code or the Zoning Ordi-
nance. If drawings of the structure or building to be moved showing
compliance as above stated are on record with the county already,
the above requirement for drawings is waived.
3. Site Plan Required
A site plan meeting all requirements of Section 23 shall be required
for the moving of any structure to a lot in a nonresidential zoning
district.
25 0 SIGNS.
I. Special Definitions.
-15-
BOOK 60 (9
MAY 15-1985
BOOK GO FA;E 92
a. Professional. Professional identifications sign.
b. Sale. A sign pertaining to only the rent, lease or sale of the
premises upon which it is displayed.
C. Bulletin. A sign or bulletin board located on the premises of
a church, institution, club or fraternal organization for the
purpose of displaying the name of the church, institution, club or
organization and the activities or program of the same.
d..._ Directional. Directional or information signsof a public
nature which states the name or location of an incorporated or
unincorporated community; name and place of meeting of a Chamber of
Commerce, church or civic club such as Rotary, Civilian or Kiwanis
Club.
e. Business. An attached, free-standing or structural sign
pertaining to the advertising, announcing or describing of the
principal use or uses of the premises upon which it is displayed.
f. Outdoor. An unattached, free-standing or structural poster
panel or painted sign for the purpose of conveying some information,
knowledge or idea to the public.
g. Billboards. An unattached, free-standing sign for the purpose
of conveying some information, knowledge or idea to the public.
2. On -Site Signs.
a. On -Site Signs, Generally. Each business use on the site shall
Fe— limited to one of each of the following signs not to exceed
the size stated.
b. Maximum sizes.
i. Professional: 12 square feet.
ii. Sale: 12 square feet.
iii. Bulletin: 12 square feet.
iv. Directional: 8 square feet.
V. Business: 150 square feet.
vi. Outdoor: 12 square feet.
vii. Billboards: 504 square feet, except on Interstate 95,
where signs shall not exceed 672 square feet.
3. Off -Site and On -Site Signs.
a. Maximum heights. (Measured from the crown of road to the top
of the sign). No sign shall exceed the height limitations
stated in the ordinance for the district in which the sign is
located, except that on-site signs for motels, hotels, service
stations and other businesses on Interstate 95 shall not exceed
50 feet in height. the advertising portion of any sign exceed-
ing 35 feet in height shall be no longer than 200 square feet.
4. Off -Site Signs.
a. The maximum size of each off-site sign shall not exceed the
sizes stated in paragraph "2.b.".
b. No off-site sign shall be so located or placed so as to face a
lot on the same street occupied by a church, public school,
public park, public playground, public beach, civic or scenic
area or a cemetery, nor nearer to such uses than 200 feet along
a common right-of-way line.
C. No off-site sign shall be so located as to encroach on any
public way, sidewalk or street or be located in any required
yard or setback area or be so located that any part of such
sign extends nearer to a street line than any building on
contiguous property where such building is located with 100
feet of such sign.
H
d. No off-site sign shall be so located closer than 25.3 feet to
the intersection of any two street lines nor nearer than 50
feet to any residential zone measured along a common
right-of-way.
e. No off-site sign shall be nearer to another than 660 feet along
the same side of a common right-of-way, except on Interstate
95, where signs shall be 1,000 feet apart. Two off-site signs
may be grounded back to back or in a single "V" having an
included angle not greater than 25.3 degrees.
f. No billboard signs shall be located on any road, street or
highway that has not been designated by the Florida Department
of Transportation as Interstate, Primary or Secondary Road.
5. Districts. Signs are permitted uses in Zoning Districts in accor-
dance with the following schedule:
a. Agricultural Districts (A-1).
i. Professional.
ii. Sale.
iii. Bulletin.
iv. Directional.
V. Business.
vi. Outdoor.
vii. Billboards.
b. Rural Transition Area Districts (RR and RS -1).
i. Sale.
ii. Bulletin.
iii. Directional.
iv. Business (on-site only).
C. Residential Districts. -
i. Single Family Districts (RS -3 and RS -6).
-- Sale.
-- Bulletin.
-- Directional.
-- Business (on-site only).
ii. Two -Family Districts (RT -6).
-- Professional.
-- Sale.
-- Bulletin.
-- Directional.
-- Business (on-site only).
iii. Multiple Family Districts (RM -3, RM -4, RM -6, RM -8, RM -10
and RM -14).
-- Professional.
-- Sale.
-- Bulletin.
-- Directional.
-- Business (on-site only).
iv. Mobile Home Districts (RMH-6 and RMH-8
--L Sale.
-- Bulletin.
-- Directional.
-- Business (on-site only).
d. Commercial Districts.
i. Planned Business District (B-1).
MAY 15 1985 -17- BOOK 0 FAIGE 927
OMY 1,5 1985
F°Gc..c 28
BOOK
-- Professional.
-- Sale.
-- Bulletin.
-- Directional.
-- Business.
ii. Restricted Commercial District (C-IA).
-- �, Professional.
-
-- Sale.
__
-- Bulletin.
-- Directional.
-- Business.
-- Outdoor.
iii. General Commercial District (C-G) and Medical
District (MED).
-- Professional.
-- Sale.
-- Bulletin.
-- Directional.
-- Business.
-- Outdoor.
iv. Heavy Commercial District (C-2).
-- Professional.
-- Sale.
-- Bulletin.
-- Directional.
-- Business.
-- Outdoor.
V. Commercial Recreational Vehicle Park District
(CRVP).
-- Sale..
-- Bulletin.
-- Directional.
-- Business.
e.
Office Districts.
(Reserved)
f.
Industrial Districts.
i. LM-1: Light Manufacturing District.
-- Professional.
-- Sale.
-- Bulletin.
-- Directional.
-- Business.
-- Outdoor.
-- Billboards.
ii. M-1: Restricted Industrial District.
-- Professional.
-- Sale.
'
-- Bulletin.
-- Directional.
-- Business.
-- Outdoor.
-- Billboards.
g.
Marine Park Districts.
i. MP: Marine Park.
(Reserved)
h. Special Purpose Overlay Districts.
(Reserved)
6. Political signs, political advertising and billboards. No political
signs, political advertising and billboards shall be placed on
property owned or used by Indian River County or by any other
governmental agency in the unincorporated areas of Indian River
County.
7. Obscene, indecent, lewd or immoral signs prohibited. No obscene,
lewd, indecent, immoral, lascivious or i idinous signs shall be
erected for any purpose within the unincorporated areas of Indian
River county.
_ 8. Strip lighting. Strip lighting is prohibited in all zoning dis-
tricts except "A-1", 11C -1A11, C-111, "LM -1" and "M-11'. When permit-
ted, strip lighting is limited to a total footage equivalent to the
length or width of the building along the street footage. the size
of tubing may not exceed 15 millimeters and transformers may not
exceed 25.3 milliamperes. Neon strip lighting and/or streamer
lighting are prohibited above the roof level of any building.
9. Permits. No sign shall be erected in Indian River county without
first obtaining a zoning permit from the County Administrator's
office.
25 P. SEPTIC TANKS AND DRAINAGE FIELDS
Whenever a lot is not served by an approved sanitary sewer, there must be
provided such open space as required by the County Board of Health for a
septic tank and drainage field to serve the uses erected on such lot.
Such sanitary installations may be located in a front, side or rear yard,
but not closer than five (5) feet to any lot line. In addition, when
central water and/or sewer is made available, hook-up_ta.:-such„systems
shall be mandatory.
25 Q. UNENCLOSED STORAGE OF RECREATIONAL VEHICLES, TRAILERS AND BOATS
1. Special Definitions
For the purposes of this Section, the following definitions shall
apply unless the context otherwise requires.
a. Recreational vehicles shall include camping trailers, truck
campers, motor homes, self-propelled van campers, travel
trailers and other recreational vehicle mobile structures
intended to provide temporary living quarters for recreational
uses; provided, however, that van type vehicles with an overall
length of less than nineteen (19) feet and pickup trucks not
exceeding three-quarter (3/4) tons rate load shall not be
considered recreational vehicles within the limits of this
definition.
b. A boat shall be defined as a vehicle designed for operation as
a watercraft propelled by oars, sails or one or more internal
combustion engine(s). A boat shall not be considered as a
recreational vehicle even though it has facilities for tempo-
rary living quarters.
c.- Any recreational vehicle not in normal daily usage for trans-
portation of the occupants of the residence, shall be con-
sidered as "stored” for purposes of this Ordinance.
d. Unenclosed storage shall be defined as the temporary placement
of recreational vehicles, boats, trailers and similar recre-
ational vehicles, boats, trailers and similar recreational
equipment in an open area or accessory structure without walls.
For the purposes of this section, recreational vehicles and
similar equipment stored in accessory garages or attached
carports shall be considered to be in enclosed areas and shall
not be subject to the restrictions in para.- 2, herein.
-19- BOOK n® fA�E
MAY 15 1985
MAY 15 199 BOOK 60 FaGE9p30
2. Unenclosed Stora a of trailers, campers and boats; Restrictions in
Residential Zoninq Districts.
Recreational vehicles and boats may be stored on any lot. However,
any trailers, campers or boats as herein defined which are stored in
unenclosed areas in any single-family or two-family lot in any res-
idential zoning district shall meet the following standards:
a. Ownership of Recreational Vehicles and Boats; Authorized
Storage
Such storage shall be limited to vehicles owned by the occu-
pant(s)
ccu-
pants) of the residence or the house guests of the occu-
pant(s).
b. Limitation on Number of Recreational Vehicles
Not more than one (1) recreational vehicle per dwelling unit
may be stored in an unenclosed area upon each site, except that
one (1) additional recreational vehicle per dwelling unit may
be parked on the property for a period not in excess of two (2)
weeks in any continuous time period or six (6) weeks in any
one-year period.
C. Limitation on Number of Boats
In addition, not more than one (1) boat per dwelling unit shall
be stored in an unenclosed area upon each site except that one
(1) additional boat per dwelling may be parked on the property
for a period not in excess of two (2) weeks in any continuous
time period or six (6) weeks in any one-year period;
d. Location of Unenclosed Storage Areas
Such storage shall not be located. in any required._ -front, or side
yard, or any easement.
e. Licensing
Recreational vehicles and boat trailers shall have a valid
motor vehicle license at all times.
f. Use Limitations
Recreational vehicles and boats shall not be used for office or
commercial purposes, nor for sleeping, housekeeping or living
quarters while so stored.
g. No Public Facilities Hook -Ups
No service facilities, such as water, sanitary, or electrical
connections shall be attached except a temporary electrical
extension connected to the vehicle for battery charging or to
facilitate repair is permitted.
h. Limitation on Length of Recreational Vehicles; Variances.
No recreational vehicle so stored shall be in excess of thir-
ty-two (32) feet in length provided that in the event of undue
hardship, petitions -may be filed for a variance to this Ordi-
nance as to the length requirements of this Ordinance to the
Indian River County Board of Zoning Adjustment. The Board of
Zoning Adjustment, in its consideration of any such appeal, may
consider the size of the vehicle, the lot size in question and
the availability of adequate safeguards to protect the neigh-
borhood.
3. Storage of'Recreational Vehicles and Boats in Multi -Family Residen-
tial Areas.
In any apartment, condominium or other multi -family use, recre-
ational vehicle and boat storage may be permitted in a portion of a
parking lot which is specifically designated for recreational vehicle
and/or boat parking, however, screening measures may also be required as
a condition of site plan approval. All multi -family developments having
fifty (50) or more dwelling units shall provide one (1) screened space
for the storage of recreational vehicles for each ten (10) dwelling
units.
25 R. ******RESERVED******
25 S. ******RESERVED******
25 T. ACCESS RESTRICTIONS ON SINGLE FAMILY LOTS
On single-family lots having frontage on more than one roadway, access
shall be limited to the roadway with the lower functional classification.
25 U. SATELLITE DISH ANTENNAS
1. Definition.
A satellite dish antenna shall be defined as an antenna with a
low -noise amplifier, the purpose of which is to receive communica-
tion or other signals from orbitting satellites.
2. Location Restrictions.
No satellite dish shall be located between any building and any
front or side property line. All antennas shall have a setback from
the rear lot lines equal to or greater than the height of the
proposed dish antenna. In addition, only one such antenna shall
exist at any one time on any residentially zoned lot.
3. Screening From Residential Districts.
All dish antennas located within a residential district or which
abut a residential district shall provide for Type "A" screening
(Sec. 23.3(G)(7)), in order to shield the antenna from the view of
surrounding properties. The screening materials shall be located so
as to shield the proposed antenna from the ground level view_ of
surrounding properties. The location and specification of all
screening materials shall be approved by the Director of Planning
and Development.
25 V. ESSENTIAL SERVICES
Essential services, as defined in this Zoning Ordinance, shall be allowed
in any zoning district, as authorized and regulated by law and resolu-
tions of Indian River County, subject to the applicable zoning district
regulations and upon site plan approval.
25 W. PIERS, DOCKS, AND BOATSLIPS
1. Definitions
For the purposes of this section, the following definition shall
apply:
Regular Mooring of Watercraft
Moored in the same general area at least eight (8) hours a day for
ten (10) days in one (1) month.
2. Restrictions Upon Regularly Moored Watercraft; Maintenance
Watercraft shall not be regularly moored along any shore without the
consent of the riparian land owner. Regularly moored watercraft
shall not be used as dwellings, offices or commercial enterprises
except in marinas, unless a permit to so moor and use the watercraft
for that purpose has been granted by the Indian River County Plan-
ning and Zoning Commission. Regularly moored watercraft shall be
kept in seaworthy condition when not in a permitted repair area.
MAY 15 1 985 -21- BOOK 60 Fillt',t 931
MAY 15 1985 �fl11'U SO
F 932Booz
3. Location of Boatslips
Boatslips shall be permitted only as a wet storage area adjacent to
a dock, marina, boat livery, or boat yard. Boat slips shall not be
located within a side lot line extended waterward from the adjacent
upland and no portion of a watercraft moored at such boatslip shall
project into the extended side setback line.
4. Projection of Waterfront Structures
a._,.,_ Unwalled Boat Shelters
Unwalled boat shelters may be erected over boatslips, however,
no part of such shelter may be erected beyond the shoreline or
have a height in excess of fifteen (15) feet.
b. Extension of Docks and Piers into Waterways, Generali
Docks and piers, including mooring piles, and other appurte-
nances, shall not project outward from shore more than ten (10)
percent of the width of the waterway at a point where they are
located, except that docks up to eight (8) feet in width may be
installed regardless of waterway width. The outward projection
of a dock shall be measured from the water's edge at mean low
tide. The location, dimensions, and structural character of
all structures extending from the shoreline shall be in confor-
mity with applicable regulations of the State of Florida.
C. Tie -off Piles
Tie -off piles may be installed when they are located no closer
than one hundred twenty-five (125) feet to the center of a
canal or navigation channel. Notwithstanding, all such struc-
tures placed within the Indian River Aquatic Preserve shall
comply with applicable regulations of the State af-Florida.
5. Side Lot Line Encroachment Prohibited
No dock, boat shelter or other waterfront structure may encroach on
a side lot line, extended.
25 X. COASTAL MANAGEMENT AND SHORELINE PROTECTION.
1. Establishment of Coastal Line Setback.
The Coastal Construction Control Line, as established in "Beach and
Shore Preservation", Chapter 161, Florida Statutes is adopted by
reference. No building or man-made structure, except dune cross-
overs' or other similar minor structures as defined by the Florida
Department of Natural Resources shall be located seaward of the
Coastal Construction Control Line, as provided therein.
2. Dune and Vegetative Disturbance Prohibited.
Except as provided for herein, disturbance of the natural dune or
vegetation seaward of the construction setback line is prohibited.
Any construction, excavation, removal of beach material, damage of
vegetation or sand due seaward of the construction setback line,
except as allowed herein, shall be considered a violation of this
Ordinance.
Nothing in this section shall be construed to prohibit the unde-
rtaking of coastal erosion control projects seaward of the coastal
construction control line, when approved by the Bureau of Beaches
and Shores of the Department of Natural Resources of the State of
Florida, and when the applicant can demonstrate to the County that
the project is in the public interest or is necessary to protect
contiguous real property improvements; provided that any such
coastal erosion control project which includes beach sand renourish-
ment shall also include a program of dune system restoration as a
M & M
component of the project. Such restoration program shall include
both dune revegetation, using native and salt tolerant plant materi-
al, and reestablishment of the dune profile.
3. Protection of Beach and Dune System.
All development along the shoreline shall comply with the following
provisions:
a. Beach Access. Any development along the shoreline shall
include a point of beach access served by an elevated dune
walkover structure. Single family homes shall be exempt from
this provision. Single family subdivisions containing lots off
as well as on the shoreline shall provide an easement for beach
access served by an elevated dune walkover.
b. Stability of the Primary Dune/Beach System. No construction
that threatens the stability of the primary beach and dune
system shall be permitted.
C. Shoreline Protection. No rigid shore protection structures
shall be permitted except when used as part of a Comprehensive
Plan for beach restoration and when nonstructural alternatives
are not acceptable.
d. Prohibition of Motorized Vehicles. Operation of motorized
vehicles on the primary dune and beach system shall be prohib-
ited except in cases of emergency or as approved by the Florida
Department of Natural Resources.
e. Regulation of Beach Cleaning Activities. Beach cleaning
activities shall have their method of operations and equipment
approved by the Florida Department of Natural Resources.
f. Protection of Sea Turtles. All shoreline development shall
provide a site plan and building plan demonstrating methods for
protecting sea turtles during nesting season, including shield-
ing of light sources in order to avoid disturbing movement of
sea turtles during said season.
4. Roadways.
No roadway shall be allowed to cross the area within the construct-
ion setback, except at specific locations, to be designated by
resolution of the Board of County Commissioners.
5. Parking Prohibited.
Parking of automobile, boats, trailers, motor homes, recreation and
like vehicles is prohibited within the setback area.
6. Regulations During Construction.
During construction,,a chain or rope barrier running parallel to the
coastal construction setback line shall be maintained no closer to
the ocean than fifteen (15') feet eastward of the coastal con-
struction setback line which shall prevent workers and their equip-
ment and materials from endangering the dune and its vegetation.
All proposed construction activity within the established leeway
zone shall be approved and conducted in compliance with the Indian
River County Tree Protection Ordinance.
7. Operations of Motor Vehicle.
It shall be unlawful for any person to operate, drive, or propel any
automobile, motorcycle, dune buggy or motor vehicle upon, or within
the dune setback area, including the area in front of the main dune
eastward to the natural vegetation line, except at specific access
routes as provided in para. "3." above.
8. Emergency Provision.
-23-BOOK 0 F��r 933
MAY 15 1985
MAY 15 1985 BOOKG,- 934
During periods of emergency, such as hurricanes or severe storms, in
order to protect life or property, provisions of this ordinance may
be temporarily suspended by petition to, and approval of, the Board
of County Commissioners.
25 Y. EXCAVATION OF CANALS AND WATERWAYS.
1. Limitations.
The excavation of navigable canals or waterways from submerged lands
in Class II waters, aquatic preserves or the boundaries of the
Pelican Island National Wildlife Refuge is prohibited. The exca-
vation of any canal or waterway shall not be for the purpose of
obtaining fill. Maintenance dredging shall only be permitted in
compliance with all applicable regulations of the State of Florida
and the Army Corps of Engineers, as well as the receipt of all
requisite permits.
2. Minimum Width and Depth; Environmental Protection.
When permitted, canals and waterways shall be the minimum width
necessary to accomplish the purpose for which they are constructed.
An applicant desiring to construct a canal or waterway must affirma-
tively show a design that will prevent stagnation and eutrophication
of the system, provide sufficient flushing and maintain the ambient
water quality.
SECTION 2
INCORPORATION IN CODE
The provisions of this ordinance shall be incorporated into the County Code and
the word "ordinance"may be changed to "section", "article", or other appropriate
word, and the sections of this ordinance may be renumbered, reserved or relet-
tered to accomplish such intentions.
SECTION 3
SEVERABILITY
If any section, part of a sentence, paragraph, phrase or word of this ordinance
is for any reason held to be unconstitutional, inoperative or void, such hold-
ings shall not affect the remainingportions hereof and it shall be construed to
have been the legislative intent to pass this ordinance without such unconstitu-
tional, invalid or inoperative part.
SECTION 4
EFFECTIVE DATE
The provisions of this ordinance shall become effective upon receipt from the
Florida Secretary of State of Official Acknowledgement that this ordinance has
been filed with the Department of State.
Approved and adopted by the Board of County Commissioners of Indian River
County, Florida, on this 15th day of May 1985.
Indian River County I
Ordinance No. 85-44
BOARD OF NTY COMMISSIONERS
OF IND N IVER COUNTY
B
Patrick B. L o s
Chairman
Board of County Commissioners
Acknowledgment by the Department of State of the State
of Florida this 31st day of Mav , 1985.
Effective Date: Acknowledgment from the Department of
State received on this 6th day of JUNE ,
1985, at 11-oo- A-.M./P.M. and filed in the Office
of the Clerk of the"Board of County Commissioners of
Indian River County, Florida.
APPRO2F`FIC4T10;N;Z6S AND �/,LEGAL /
By
fdary branaenburg
COUNTY ATTORNEY
A AAA A Ib. Cornu
.04 Jegai 6WfiCwncv
d, brand`nbUrg
couniv Afforney
��FAu S�t�
MAY 15 1985 -25- 800
MAY 15 1995
BOOK
PUBLIC HEARING - AMENDING ZONING CODE "DEFINITIONS"
60 Fr�uF';iar��
The hour of 9:15 o'clock A.M. having passed, the Deputy
Clerk read the following Notice with Proof of Publication
attached, to -wit:
VERO BEACH PRESS -JOURNAL
Published Daily
Vero Beach, Indian River County, Florida
COUNTY OF INDIAN RIVER: STATE OF FLORIDA
Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath
says that he is Business Manager of the Vero Beach Press-Joumal, a daily newspaper published
at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being
a
in the matter of .
in the
lished in said newspaper in the issues
Court, was pub -
Affiant further says that the said Vero Beach Kress -Journal is a newspaper published at
Vero Beach, in said Indian River County, Florida, and that the said newspaper has heretofore
been continuously published in said Indian River County, Florida, each daily and has been
entered as se pond class mail matter at the post office in Vero Beach, in said Indian River Coun-
ty, Florida, fot a period of one year next preceding the first publication of the attached copy of
advertisement; and affiant further says that he has neither paid nor promised any person, firm
or corporation any discount, rebate, commission or refund for the purpose of securing this
advertisement for publication in the said newspaper.
Sworn to and subscribed before me this L,,:gj&4D. 19
(BuV4 s M
1, { s •II (Clerk of the Circuit Court, Indian River Co nty,
(SEAL)
NOTICE OF PUBLIC HEARING
' TO CONSIDER THE > 'r,
ADOPTION OF A COUNTY ORDINANCE'
Notice is hereby given that the Indian .River
County Board 'of County .Commissioners shall
hold a public heating at which parties In interest
and citizens. shall have an opportunfty to be
heard, in the County Commission Chambers of
the County Administration Building, .located at
1840 25th Street, Vero Beach: Florida., on Wed,
nesday, May 15; 1985, at 9:15 a.m. to consider
the adoption of a County Ordinance entitled:
,,--AN ORDINANCE ., F THE .BOARD :OF,'.-
COUNTY,
F,'^.-
COUNTY, COMMISSIONERS OF IND1A?j ,•; •i
RIVER COUNTY;, FLORIDA AMENDING.,`, ,
APPENDIXX-A OF THE CODE OF'LAWS;+syr
ONINGRCODEGBY -REPEALINWN G $EC�`°1°,.
TION, ." DEFINITIONS" AND .ENACT-;
ING - ;''NEw.-: BROVISIbN . grititLED ` .
.-- 'LANGUAGE- -AND - • DEFINITIONS!! --
ADOPTING RULES OF CONSTRik4
TION; PROVIDING FOR DEFINITION
TERMS; AND PROVIDING FOR THE RE t t,, ,,:PEAL OF CONFLICTING ORDINANCES.
AS r✓yEt l- AS'. CODIFICATION,SENEq
ABILITY AND EFFECTIVE DA�E
If anyperson d&ldes, to appeal a4, decisl011
on the above matter. -he/she will need a,record
of the proceedings, and for such purposes. he/-
she may need to ensure,that a verbatim -record
of the proceedings Is made, which Includes testi-
mony and pv+dence upon which the appeal is
basad "�• v..s..
fndian' River County `+'':
F Board of County Commissioners '
By-.-s-Patrick B. Lyons, Chairman' d ,
4pri130; May 7,:198&
Planning Director Keating made the staff presentation, as
follows:
39
r
TO: The Honorable Members DATE: May 6, 1985 FILE:
of the Board of
County Commissioners
ADOPTION OF DEFINI-
SUBJECT: TIONS SECTION OF THE
ZONING CODE
d
FROM: Robert M. Keating, AICA KEFERENCES:
Planning & Development Director.
It is requested that the information herein presented be
given formal consideration by the Board of County Commis-
sioners at their regular meeting of May 15, 1985.
DESCRIPTION & CONDITIONS
The Definitions Section is one of several parts of the new
zoning code. Prepared by consultants and modified by the
staff, this draft represents a substantial revision of the
Definitions Section of the current zoning code. The purpose
of this part of the code is to define those terms used in
the zoning code and needing specific definitions. For any
term referenced in the zoning code but not defined in the
Definitions Section, the standard or generally accepted
definition of the term will prevail.
As proposed, the draft Definitions Section of the zoning
code defines certain terms not addressed in the present
4 code, and it revises the definitions of various terms
already included in the present code. Certain terms such as
structure whose definition has been controversial have not
been modified significantly; however, their application in
the ordinance has been further .defined in other sections of
the code.
On April 11, 1985, the Planning & Zoning Commission voted
4-0 to recommend that the Board of County Commissioners
adopt the proposed Definitions Section of the new zoning
code with the provision that the staff develop a definition
for stables. A definition for stables was developed by the
staff and submitted to the Planning & Zoning Commission at
their regular meeting of April 25, 1985, at which time it
was approved unanimously.
ALTERNATIVES & ANALYSIS
In preparing this draft section of code, the consultant
considered an alternative for each of the terms. Three
public workshop meetings were also held to discuss the
proposed Definitions Section. At these meetings, there was
considerable discussion regarding the terms to be defined,
and changes were made to various definitions —based upon
these meetings.
As proposed, the draft Definitions Section provides the
basis for utilization of the new zoning code. By defining
the technical terms in the zoning code, both the County and
the general public can be ensured of a consistent interpre-
tation of terms in the ordinance. This should enhance the
usability and implementation of the new zoning code.
RECOMMENDATION
It is recommended that the Board of County Commissioners
adopt the proposed Definitions Section of the new zoning
code.
�j 1 �q 4 0
�� � QJ I��W Boo 60 Fir?tIE 9e�U
[WAY 15 1995
BOOK 6 938
Director Keating emphasized that if there is a term that is
not defined, the commonly accepted definition will prevail. He
noted that the definition of structure was quite controversial;
they did not change it significantly but made modifications in
the General Provisions Section to allow parking in certain
setbacks and also made modifications to other uses in setback
areas which address the concerns presented. The Planning &
Zoning Commission considered this, as well as a new definition
for stables, and voted unanimously to recommend approval.
The Chairman asked if it is necessary to go through this
page by page, and Commissioner Scurlock stated that his only
question related to the definition of structure. He realized we
have been consistently trying to work around air conditioning
pads and driveways, which in some conditions encroach on
easements, and asked if this has been addressed.
Director Keating replied that this has been addressed in the
General Provisions which state that air-conditioning equipment,
sprinkler system controls, and similar mechanism equipment, may
project into any required yard provided it is mounted in a manner
contiguous to the existing structure. There is also a provision
allowing parking areas and driveways to encroach within required
sideyards 5' from the nearest side lot line and within 2' for
driveways accessing rear or side entry garages of a single family
home. He explained that they made exceptions for encroachment of
certain other types of structures, tool sheds, etc. The term
they had the most problem with was "building site," but he felt
an acceptable definition was finally arrived at.
Commissioner Bowman agreed that what they came up with was
reasonable.
Chairman Lyons asked if there were any questions of staff.
Commissioner Wodtke referred to Page 4 - COUNTRYCLUB. This
covers multi-purpose recreational clubs as well as golf courses,
tennis clubs, and similar membership recreational facilities. He
M
41
M 7
M
I
noted this would include health spas and asked if they are all
considered country clubs.
Director Keating confirmed that they are. He clarified that
country clubs were put in as a special exception use and there is
specific criteria that must be met.if the country club goes in a
residential district.
Commissioner Scurlock pointed out that country club should
be two words.
Commissioner Wodtke inquired about parking requirements for
country clubs and wished to know if there are different parking
requirement for each different facility in the club.
Director Keating stated that we have requirements in the
parking ordinance which specify that when a country club contains
all of certain specific uses, it is aggregated.
Commissioner Bowman inquired how this is handled if they
have a restaurant, and Director Keating stated that is figured by
square footage.
Commissioner Wodtke asked about a definition for "grand-
fathered," and Commissioner Bowman believed that is in the
general terms.
Director Keating stated they could add a definition for
that, but he believed it mostly relates to non -conformities and
that is pretty well spelled out in the General Provisions.
The Chairman asked if anyone present wished to be heard.
There were none.
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Scurlock, the Board unanimously
closed the public hearing.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bowman, the Board unanimously adopted
Ordinance 85-45 amending the Zoning Code "Definitions"
42
MAY 15 1985 BOOK F,A'E �' �
J
MAY 15 1985 BOOK
INDIAN RIVER COUNTY ORDINANCE NO. 85-45
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN
RIVER COUNTY, FLORIDA, AMENDING APPENDIX A OF THE CODE OF
LAWS AND ORDINANCES, KNOWN AS THE ZONING CODE, BY REPEALING
SECTION 2, "DEFINITIONS", AND SUBSTITUTING "LANGUAGE AND
DEFINITIONS" AND PROVIDING FOR THE REPEAL OF CONFLICTING
ORDINANCES AS WELL AS CODIFICATION, SEVERABILITY AND EFFEC-
TIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN
RIVER COUNTY, FLORIDA that:
SECTION 1
Section 2 entitled "Definitions" is hereby repealed and a new Section 2 entitled
"Language and Definitions" is hereby created to read as follows:
2.0 LANGUAGE AND DEFINITIONS.
This Section presents the general rules for interpreting language and the
definition of terms within the Zoning Ordinance.
2.0 A. RULES FOR INTERPRETING LANGUAGE.
For the purpose of this chapter, certain terms or words used herein
shall be interpreted as follows:
1. The word "person" includes a firm, association, organization,
partnership, trust, company, or corporation as well as an indi-
vidual.
2. The present tense includes the future tense, the s4ngular number
includes the plural, and the plural number includes the singular.
3. The word "shall" is mandatory, the word "may" is permissive.
4. The words "used" or "occupied" include the words "intended", "de-
signed", or "arranged to be used or occupied" as well as "con-
structed", "altered", "converted", "rented", "leased", or "in-
tended to be Used".
5. The word "lot" includes the words "plot", "parcel", "tract",
"site", and "space".
6. Terms not herein defined have the meanings customarily assigned
to them.
2.0 B. DEFINITION OF TERMS.
Terms not otherwise defined herein shall be interpreted first by
reference to the Comprehensive Plan and these regulations; secondly,
by reference to generally accepted engineering, planning, or other
professional terminology if technical; and otherwise according to
common usage, unless the context clearly indicates otherwise.
For the purpose of enforcing and administering this ordinance, the
following words shall have the definition and meanings herein as-
cribed:
ABANDON. To discontinue a use for more than six (6) consecutive
months.
ABUTTING. See adjoining.
ACCESS, POINT OF. A driveway or other opening for vehicles onto a
public street.
ACCESSORY USE OR STRUCTURE. A use or structure 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
a
I
{
TABLE OF CONTENTS
LANGUAGE AND DEFINITIONS
Page
SECTION1.............................................................. 1
2.0 LANGUAGE AND DEFINITIONS ................................ 1
2.0 A. RULES FOR INTERPRETING LANGUAGE ......................... 1
2.0 B. DEFINITION OF TERMS ..................................... 1
SECTION 2
INCORPORATION IN CODE15
SECTION 3
SEVERABILITY...................................................... 15
SECTION 4
EFFECTIVE DATE .................................................... 15
MAY 15 1995 BOOK 60 pAn 941
L -
M'AY 15 1995 Boor 60 Fnf 9429
principal use, or on an adjoining lot in the same ownership as that of
the principal use, provided unity of title is filed for both lots.
ADJACENT. A lot or parcel of land that is nearby and not necessarily
adjoining (i.e., across a right-of-way).
ADJOINING LOT OR LAND. A lot or parcel of land that shares all or
part of a common point or line with another lot or parcel of land.
ADMINISTRATIVE PERMIT. See Sec. 25.2.
ADULT CARE FACILITY. An establishment, whether operated for profit or
not, which undertakes through its ownership or management to provide
basic services to three or more adults, not related to the own-
er/operator by blood or marriage, for a period of less than twen-
ty-four (24) hours a day on a regular basis.
AIRPORT OR AIRSTRIP. Any run -way landing area designed, used or
intended to be used either publicly or privately for the landing and
taking off of aircraft, including taxiways, storage and tie down
areas, hangars and other necessary buildings.
ALLEY. A public or private way which affords only a secondary means
of access to property abutting thereon and not intended for general
traffic circulation.
ALTERATION. Any change or rearrangement in the supporting members of
an existing building, such as bearing walls, columns, beams, girders
or interior partitions, as well as any change in doors or windows, or
any enlargement to or diminution of a building or structure, whether
horizontally or vertically, or the moving of a building or structure
from one location to another.
BAR. Any place selling and dispensing alcoholic beverages for con-
sumption on the premises.
BEACH. The sandy area lying between the waterline of the -Atlantic
Ocean at mean low tide to a point west thereof where dune vegetation
generally grows.
BOARD OF ZONING ADJUSTMENT. A body authorized to hear and decide
administrative appeals, special exceptions and variances from the
strict application of the zoning code.
BOAT. A vehicle designed for operation as a watercraft propelled by
oars, sails, or one or more internal combustion engine(s). A boat
shall not be considered as a recreational vehicle even though it has
facilities for temporary living quarters.
BOAT LIVERY. A commercial establishment providing boat hauling or
launching acilities, rental of covered or uncovered boat slips or
dock space or enclosed dry storage space, rental or sale of boats and
boat motors, repair and maintenance of boats and boat motors, sale of
marine fuel and lubri.cants, and as accessory service uses, on -shore
restaurants, hotels, or motels, and sale of bait and fishing equip-
ment. The term boat livery includes marinas but shall not be deemed
to include boat yards.
BOAT SLIP. A space designed for the mooring of a single watercraft.
Such spaces may extend from a dock or shoreline but shall not be
allowed to project from a pier.
BOAT YARD. A premise or site used as an industrial establishment for
the provision of all such facilities as are customary and necessary to
the construction, reconstruction, repair, or maintenance and accessory
sale of boats, marine engines, or marine equipment, supplies, or
services of all kinds including, but not limited to, rental of covered
or uncovered boat slips, or dock space or enclosed dry storage space,
lifting or launching services. The term boat yards shall include
marinas and boat liveries.
BUFFER STRIP. Land area, plant material, vegetated berm, fencing, or
other landscaping that is used to separate one use from another to
shield or block noise, light or other nuisances.
BUILDABLE AREA. The area of a lot remaining after the minimum yard,
dedicated lands, wetlands, and open space requirements of the zoning
ordinance have been met.
BUILDING. Any structure designed or built for the support, enclosure,
shelter or protection of persons, animals, chattels or property of any
kind.
BUILDING, HEIGHT OF. The vertical distance to the highest point of
the roof for flat roofs; to the deck line of mansard roofs, to the
mean height between the eaves and ridge for sloped roofs measured from
the average natural grade or the minimum flood elevation, whichever is
higher.
BUILDING, PRINCIPAL. A building occupied by the principal use of the
lot on which it is located.
CHILD CARE. The care, protection and supervision of a child for a
period of less than twenty-four (24) hours a day on a regular basis
which supplements for the child, in accordance with his individual
needs, daily care, enrichment opportunities, and health supervisions
and where a payment, fee or grant is made for care.
CHILD CARE FACILITY. A facility which includes any duly licensed
child center or chid care arrangement that provides child care for
more than five (5) children unrelated to operator and which received a
payment, fee or grant for any of the children receiving care, wherever
operated, and whether or not operated for profit. The following are
not included: Public schools and nonpublic schools which are in
compliance with the Compulsory School Attendance Law, Chapter 232,
Florida Statutes; summer camps having children in full-time residence;
summer day camps, and Bible schools normally conducted during vacation
periods. The provisions of this act shall not apply to a child care
facility which is an integral part of a church or parochial schools
_conducting regular classes or courses of study. _ _
CHURCH OR PLACE OF WORSHIP
including but not limited
including group homes. A
gious education facilities
"or other place of worship.
Any premises used as
to, Chapels, Temples,
parsonage or custodial
a place of worship,
Synagogues, but not
residence and reli-
shall be considered accessory to a church
CLINIC. Any duly licensed, operated and maintained structure or
premises used as an establishment for medical, dental or surgical
examination and treatment of persons classed as out-patients who are
not lodged overnight. The term clinic shall not include veterinary
clinics, hospitals, residential care facilities, or personal service
establishments.
COMMERCIAL AMUSEMENT. Establishments engaged primarily in providing
amusement or entertainment for a fee or admission charge.
COMMERCIAL AMUSEMENT, ENCLOSED. A commercial amusement establishment,
the operations of which are conducted entirely within the confines of
an enclosed building or structure, excluding necessary off-street
parking facilities. This definition includes, but is not limited to,
the following: bowling alleys, billiard and pool establishments,
skating rinks, video arcades, and indoor theaters.
COMMERCIAL AMUSEMENT, TEMPORARY. A commercial amusement which is
established as a temporary use. This definition includes., but is not
limited to, the following: circuses, carnivals, festivals, fairs and
special exhibitions.
COMMERCIAL AMUSEMENT, UNENCLOSED. A commercial amusement which is
conducted in an outdoor area or in an unenclosed structure. This
definition includes, but is not limited to, the following: drive-in
theaters, miniature golf courses, golf driving ranges, animal or
vehicular race tracks, amusement parks and stadiums.
COMMERCIAL FISHERY. A commercial establishment for the receiving,
processing, packaging, storage, and wholesale or retail distribution
and sale of products of the sea. Such an establishment may include
facilities for the docking, loading, unloading, fueling, icing and
MAY 15 1985 -3- BOOK �� FAIA 943
MAY 15 1985
BOOK
provisioning of vessels and for the drying, maintenance and storage of
equipment.
COMMERCIAL VEHICLE. Any motor vehicle which: 1) is designed or used
principally for business, governmental, or non-profit organizational
purposes; 2) has a platform, cabinet, box, rack, compartment, or other
facility for transportation of materials, equipment, and items other
than the personal effects of private passengers for carrying passen-
gers for hire.
COMPREHENSIVE PLAN. The Indian River County Comprehensive Plan,
adopted pursuant to the "Local Government Comprehensive Planning Act
of 1975", §163.3161 et. seq., Florida Statutes, as amended.
CONDOMINIUM. That form of ownership or condominium property under
which units of improvements are subject to ownership by one or more
owners, and there is appurtenant to each unit as part thereof an
undivided share in the common elements. Condominium property means
and includes the land in a condominium whether or not contiguous, and
all improvements thereon and all easements and rights appurtenant
thereto intended for use in connection with the condominium.
CONTIGUOUS. Next to, abutting, or touching and having a boundary, or
portion thereof, which is coterminous.
CONSTRUCTION MATERIAL SALES. A retail establishment which sells
materials used for the construction and maintenance of structures.
Such materials shall include but not be limited to lumber and related
supplies, roofing supplies, plumbing fixtures supplies, and electrical
materials and fixtures.
COUNTRY CLUB. A land area and buildings containing recreational
facilities, clubhouse and the usual uses accessory thereto, open only
to members and their guests for a membership fee. Countryclubs shall
be interpreted to include multi-purpose recreational_cl.ubs as,well as
golf courses, tennis clubs and similar membership recreational facil-
ities.
COURTYARD. An open, unobstructed, unoccupied space, other than a
yard, that is on the same lot with and bounded on two or more sides by
the walls of a building.
CULTURAL OR CIVIC FACILITY. A building or complex of buildings that
houses public or private not-for-profit facilities, offices or ser-
vices, and which may include civic or community centers, theaters
predominantly used for live performances, libraries, zoological or
botanical gardens, historical landmarks, museums and similar facil-
ities.
DENSITY. A measure of the intensity of residential development per
unit area of land herein expressed as the number of dwelling units per
acre.
DEVELOPER. A "developer" is any individual, firm, association,
syndicate, co -partnership, corporation, trust or any other legal
entity that proposes a project under the terms of this ordinance.
DEVELOPMENT (PROJECTI. For purposes of this Ordinance, "development"
or project' shall be as defined pursuant to Section 380.04, Florida
Statutes as follows: Development means the carrying out of any
building activities or mining operation or the making of._any material
change in the use or appearance of any structure or land and/or the
dividing of land into three or more parcels. References to specific
activities below is not intended to limit the generality of this
paragraph.
The following activities or uses shall be taken for the purposes of
this chapter to involve development, as defined in this section: a) a
reconstruction, alteration of the size, or material change in the
external appearance, of a structure on land; b) a change in the
intensity of use of land, such as an increase in the number of dwell-
ing units in a structure or on land or a material increase in the
number of businesses, manufacturing establishments, offices, or
dwelling units in a structure or on land; c) alteration of a shore or
MAY 15 1985
bank of a seacoast, river, stream, lake, pond, or canal, including any
coastal construction as defined in §161.021; d) commencement of
drilling, except to obtain soil samples, mining, or excavation on a
parcel of land; e) demolition of a structure; f) clearing of land as
an adjunct of construction; g) deposit of refuse, solid or liquid
waste, or fill on a parcel of land.
The following operations or uses shall not be taken for the purpose of
this chapter to involve development as defined in this section: a)
work by a highway or road agency or railroad company for the mainte-
nance or improvement of a road or railroad track, if the work is
carried out on land within the boundaries of the right-of-way; b) work
by any utility and other persons engaged in the distribution or
transmission of gas, water, sewer, electricity or other utility for
the purpose of inspecting, repairing, renewing, or constructing on
established rights-of-way any sewers, mains, pipes, cables, utility
tunnels, power lines, towers, poles, tracks, or the like; c) work for
the maintenance, renewal, improvement, or alteration of any structure,
if the work affects only the interior or the color of the structure or
the decoration of the exterior of the structure; d) the use of any
structure or land devoted to dwelling uses for any purpose customarily
incidental to enjoyment of the dwelling; e) the use of any land for
the purpose of growing plants, crops, trees, and other agricultural or
forestry products; raising livestock, or for other agricultural
purposes; f) a change in use of land or structure from a use within a
district specified in an ordinance or rule to another use in the same
district; g) a change in the ownership or form of ownership of any
parcel or structure; h) the creation or termination of rights of
access, riparian rights, easements, covenants concerning development
of land, or other rights of land.
Development, as designated in this ordinance, includes all other
development customarily associated with it unless otherwise specified.
When appropriate to the context, development refers to the act of
developing or to the result of development. Reference to -any specific
operation is not intended to mean that the operation or activity, when
part of other operations or activities, is not development. Reference
to particular operations is not intended to limit the generality of
this subsection.
DISTRICT. Any section or area of Indian River County for which the
zoning regulations governing the use, placement of structures, yard
and setback requirements, and size and dimension criteria are uniform
throughout the County.
DOCK, COMMERCIAL. A fixed or floating structure, including moorings,
used for the purpose of berthing buoyant vessels on a commercial
basis. A commercial dock does not include a marina, boat livery, or
boat yard. A commercial dock may exist independently or as an inci-
dental part of a marina, boat livery, or boat yard.
DOCK, DRY. An upland structure used for storing watercraft. A dry
dock may be part of a boat livery or boat yard but shall not be
permitted as part of a. marina.
DOCK, PRIVATE. A fixed or floating structure, including moorings,
used for the purpose of berthing buoyant vessels and which does not
provide fueling or sewage pump -out facilities, and does not produce
income, and does not serve as an inducement to renting, purchasing, or
using accompanying facilities. A dock may include a pier.
DORMITORY. A building intended or used principally 1. for sleeping
accommodations where such building is related to an education or
public institution including religious institutions.
DRAINAGE. (1) Surface water runoff; (2) The removal of surface water
or groundwater from land by drains, grading or other means which
include runoff controls designed to minimize erosion and sedimentation
during and after construction or development, preserve the water
supply, and promote water quality, and prevent or alleviate flooding.
DRIVE-IN BUSINESS. An establishment, which serves, sells or otherwise
makes available its services to patrons situated in automobiles.
-5-
BOOK U0 FAGE %34
MAY 15 1985
BOOK 60 F,,GE 946
DRIVEWAY. A private roadway providing access for vehicles to a
parking space, garage, dwelling or other structure.
DUPLEX (TWO FAMILY DWELLING). A residential building containing only
two 2 dwelling units.
DWELLING, ATTACHED. A one -family dwelling attached to two or more one
family dwellings by common vertical walls.
DWELLING, DETACHED. A freestanding dwelling which is not attached to
any other dwelling by any structural means.
DWELLING, SINGLE FAMILY. A building designed for or occupied exclu-
sively by one family as a single housekeeping unit. A single family
dwelling shall not include a mobile home.
DWELLING, MULTIPLE FAMILY. A residential building containing four (4)
or more dwelling units.
DWELLING, TRIPLEX. A structure containing three (3) dwelling units.
DWELLING UNIT. One (1) or more rooms in a residential building or
residential portion of a building which are arranged, designed, used,
or intended for use as a complete, independent living facility for no
more than one (1) family, and which includes permanent provisions for
living, sleeping, eating, cooking and sanitation. The room(s) shall
provide direct access to the outside or to a public hallway.
DWELLING UNIT, EFFICIENCY. A dwelling unit consisting of not more
than one habitable room together with kitchen or kitchenette and
sanitary facilities.
EXCAVATION. Removal or recovery by any means whatsoever of soil,
rock, minerals, mineral substances or organic substances other than
vegetation, from water or land on or beneath the surface thereof, or
beneath the land surface, whether exposed or submerged.
EASEMENT. A grant by'a property owner of the right of use of his land
by another party for a specific purpose.
ESSENTIAL SERVICES. The erection, construction, alteration or mainte-
nance, by public utilities companies or municipal or other govern-
mental agencies, of underground or overhead gas, electrical, steam or
water transmission or distribution systems, including poles, wires,
mains, drains, sewers, pipes, conduits, cables, fire alarm boxes,
police call boxes, traffic signals, hydrants and other similar equip-
ment and accessories or buildings housing such equipment, in con-
nection therewith; reasonably necessary for the furnishing of adequate
service by such public utilities or municipal or other governmental
agencies or for the public health or safety or general welfare.
FAMILY. Any number of individuals living together as a single house-
keeping unit, including the use of common kitchen facilities within
the dwelling. The number of persons per room and the characteristics
of the dwelling unit must comply with §305, "Minimum Dwelling Space
Requirements" of the Southern Standard Housing Code.
FENCE (OR WALL). A freestanding standing structure of any material or
combination of materials erected for confinement, screening or parti-
tion purposes (Cross reference: §25 E(10) and §25I).
FILLING STATIONS. SEE GASOLINE SERVICE STATION.
FLEA MARKET. Flea Market, swap shop or similar activity, by whatever
name, or those uses which involve the setting up of two or more
booths, tables, platforms, racks or similar display areas for the
purpose of selling or buying merchandise, goods, materials, products
or other items offered for sale outside an enclosed building. A."Flea
Market" as defined herein shall not be intended to include a "garage
sale", "bake sale", fruit or produce stands, booths in an enclosed
building or art festivals or any similar activities or sales conducted
by non-profit organizations.
t
FLOOR AREA. Floor area shall be determined by measuring the outside
dimensions of all enclosed floor area under roof, excluding garages,
open and screened porches, carports, terraces, and patios.
FOSTER HOMES. A foster home is licensed and supervised by the State
Department of Health and Rehabilitative Services (HRS) or a successor
agency. It is a single family dwelling which provides a family living
environment including supervision and care necessary to meet physical,
emotional, and social life needs of clients. A foster home may serve
either children or adults.
FRONTAGE. All the property abutting and measured along the
right-of-way line.
FRUIT AND VEGETABLE JUICE EXTRACTION. An activity that entails
squeezing fruit or vegetables with the specific end product being
fruit or vegetable juice.
FRUIT AND VEGETABLE PROCESSING. An industrial activity resulting in
fruit or vegetable being changed from one form to another. Processing
will generally include subprocesses such as the addition of other
substances and will result in specific products such as juice concen-
trate, pectin, and.other by-products.
FRUIT STANDS. A building or structure used exclusively for the retail _
sale of fruit, vegetables, jellies and/or honey.
FUNERAL HOME. A premises, structure or site used as a commercial
establishment for the preparation of deceased humans for burial and/or
for the conduction of funeral services prior to burial or other
disposition of deceased human remains. Such a premises, structure or
site shall not be used_for the burial, prolonged storage or permanent
disposition of deceased human remains.
-GARAGE, PRIVATE. A detached accessory building or portion of a main
building used for the parking or storage of automobiles of the occu-
pants of the main building. A carport is to be considered a private
garage.
GASOLINE SERVICE STATION. Any structure, building or land used for
retail sales and dispensing of motor vehicle fuels or oils, whether
self-service or not. A service station may furnish supplies, equip-
ment and minor repair services, including tires, to vehicles- inci-
dental to selling and dispensing of motor vehicle fuels and oils.
GREENHOUSE. A building whose roof and sides are made largely of glass
or other transparent or translucent material in which the temperature
and humidity can be independently regulated for the cultivation of
plants for subsequent sale or personal enjoyment. This definition
shall not include noncommercial structures which are accessory to a
permitted principal use and do not have a gross floor area the exceeds
two hundred (200) square feet.
GROUP HOMES.
Level 1. A State licensed facility which provides a family
living environment including supervision and care necessary to
meet physical, emotional, and social life needs of clients. The
facility may also provide education and training for resident
clients. Level 1 group homes shall have maximum capacity of no
more than eight (8) residents.
Level II, III and Residential Centers. State licensed facilities
which provide a family living environment including supervision
and care necessary to meet physical, emotional, and social life
needs of clients. The facilities may also provide education and
training for resident clients. These group homes shall be
distinguished by their resident capacity as follows:
Level II group home, up to twelve (12) residents;
-- Level III group home, up to twenty (20) residents; and
-- Residential centers, twenty-one (21) or more residents.
MAY 15 1985 Boos r19 V�'U.947_
MAY 15 1985 BOOK 60 F -411,F 948
HELIPAD. An area designed to accommodate touch -down and lift-off of
one helicopter for the purpose of picking up and discharging passen-
gers or cargo. Such an area shall contain no operation facilities
other than one (1) tie down space and such additional facilities as
required by law, ordinance or regulation.
HELIPORT. An area designed to accommodate all phases of operation of
helicopters with suitable space and facilities for a terminal, load-
ing, unloading service and storage of such aircraft, to include
facilities for such accessory uses as are commonly associated with an
airport terminal.
HOME OCCUPATION. Any occupation or activity carried on within a
residential property, where the activity is conducted only by members
of the family living within the residence where products are not
offered for sale from the premises, where no evidence of the occupa-
tion is visible or audible from the exterior of the residential
property, where traffic is not generated in excess of that customary
at residences and where no commercial vehicles are kept on the prem-
ises or parked overnight on the premises unless otherwise permitted by
these regulations (Cross reference: §25 D).
HOSPITAL. An establishment that:
a) Offers services more intensive than those required for room,
board, personal services, and general nursing care, and
offers facilities and beds for use beyond twenty-four (24)
hours by individuals requiring diagnosis, treatment, or care
for illness, injury, deformity, infirmaty, abnormality,
disease, or pregnancy; and
b) Regularly makes available at least clinical laboratory
services, diagnostic X -Ray services, and treatment facil-
ities for surgery or obstetrical care, or --other definitive
medical treatment of similar extent.
A hospital shall not include a facility for the care or treatment of
the sick who depend exclusively upon prayer or spiritual means for
healing in the practice of a religion (§395.002(6), F.S.).
HOTEL. A public lodging establishment containing sleeping room
accommodations which may provide food or other housekeeping services
for compensation to transient or long term guests.
HOUSEBOAT. A watercraft used as a dwelling and moored in the same
general area at least eight (8) hours a day for ten (10) days in any
month.
JUNK. Old and dilapidated automobiles, trucks, tractors, watercraft,
and other such vehicles and parts thereof; wagons and other kind of
vehicles and parts thereof, household appliances, scrap building
material, scrap contractors' equipment, tanks, casks, cans, barrels,
boxes, drums, piping,.bottles, glass, old iron, machinery, rags, paper
excelsior, hair, mattresses, beds and bedding or any other kind of
scrap or waste material which is stored, kept, handled or displayed.
JUNK VEHICLE. Any motor vehicle, trailer, or semi -trailer which is
inoperable and which, by virtue of its condition, cannot reasonably be
restored to operable condition, provided that such vehicle, trailer or
semi -trailer shall be presumed to be a junk vehicle _if no license
plates are displayed or if the license plates displayed have been
invalid for more than sixty (60) days. However, the term "junk
vehicle" shall not be deemed to include any agricultural vehicles
stored on agriculturally used property (Cross reference: §25F).
JUNK YARD. The use of any land, building, or structure for the
parking, storage, collection, processing, purchase, sale, disassembly,
demolition, or abandonment of junk, including scrap metals or other
scrap materials, waste paper, rags, used building materials, old
household appliances, junked or otherwise inoperative vehicles or
machinery or parts thereof, and other type of junk.
� r �r
KENNEL OR ANIMAL BOARDING PLACE, COMMERCIAL. Any lot or premises on
which dogs, cats, rabbits, poultry or other domestic animals are
housed or accepted for boarding, trimming, grooming, and/or bathing
for which remuneration is received.
KENNEL OR ANIMAL BOARDING PLACE NON-COMMERCIAL. Any building or
buildings, including a residence or residential accessory structure,
other structure, or land used, designated, or arranged for the board-
ing, breeding, or care of five (5) or more dogs, cats, rabbits,
poultry or other domestic animals belonging to the owner or occupant
thereof. This shall not be interpreted to include stables as used
elsewhere in this Ordinance (Cross._reference: §25.1 A7).
LOADING SPACE. A space within the main building or on the same lot,
providing for the standing, loading or unloading of vehicles.
LOT. A designated parcel, tract or area of land established by plat,
subdivision, or as otherwise permitted by law, to be used, developed
or built upon as a unit.
LOT, CORNER. A lot fronting upon two or more rights-of-way at their
intersections.
LOT, DEPTH. The mean distance measured from the front lot line to the
rear lot line.
LOT, INTERIOR. A lot other than a corner lot.
LOT LINES. A line of record bounding a lot thereby dividing such lot
from another lot or from a public or private right-of-way.
LOTS OF RECORD. A lot which is part of a subdivision located within
Indian River County, the plat of which has been recorded in the office
of the Clerk of the Circuit Court of Indian River County or St. Lucie
_County (NOTE: Prior to its inception as a County, Indian -River County
was part of St. Lucie County and Brevard County, therefore, many
Indian River County -lots of record were originally filed with the
Clerk of the Circuit Court of St. Lucie County and Brevard County).
LOT, THROUGH. An interior lot having frontage on two streets.
LOT, WIDTH. The horizontal distance between side lot lines measured
at the front building setback line along a straight line parallel to
the front property line or chord line.
MAIN DUNE BLUFF. The seaward edge of the easternmost highest, most
prominent dune immediately west of the vegetation line. This dune can
be determined by its continuous relationship to the main dune line
extending north and south from the point of determination.
MARINA. A watercraft complex on and/or adjacent to a waterway used
primarily for recreation purposes, including .the refueling of
watercraft and providing minor repair services for such craft, not
involving removal of watercraft from the water or removal of inboard
or outboard engines from the watercraft. A marina may provide
unwalled covered storage not involving the removal of craft from the
water.
A marina may include on -shore, as accessory service uses, a food
service establishment, laundry or sanitary facilities, marine related
convenience items, and other customary accessory facilities. A marina
does not include facilities for boat or motor rental, mechanical or
structural repair or boat hauling. The term marina shall not include
a boat yard or boat livery.
MINING. The removal, either in or upon the soil of the earth or
beneath the soil, of any valuable inert or lifeless substance formed
or deposited in its present position through natural agencies alone,
as a commercial business. Mining shall not include digging for
foundations, fences, stormwater retention facilities, lakes, and
drainage facilities incidental to construction activities, wherein no
materials are removed from the premises except surplus not required
for backfill or grading.
AY 15 `1985 _ -9- BOCK 60 Nau 949
MAY 15 1985
BOOK
MINI -WAREHOUSES. A building or group of buildings in a controlled
access compound that contains equal or varying size of individual,
compartmentalized, and controlled access stalls or lockers for the
dead storage of the customer's goods or wares.
MIXED USE. A real estate project characterized by 1) two or more
revenue producing uses (such as retail, office, residential, ho-
tel/motel and recreation which are mutually supporting); 2) signifi-
cant functional and physical integration of project components and 3)
development in conformance with a coherent plan which stipulates the
type and scale of uses and related items.
MOBILE HOME. A structure which is transportable in one or more
sections, which is eight (8) body feet (2.4 m.) or more in width and
is thirty-two (32) body feet (9.75 m.) or more in length, which is
built on a permanent chassis and which is designed to be used as a
dwelling with or without a permanent foundation when connected to the
required utilities; and the term includes the plumbing, heating, air
conditioning, and electrical systems contained therein. This defini-
tion does not include modular or prefabricated homes (Cross reference:
§513.01(2), F.S.).
MOBILE HOME PARK. A place set aside and offered by a person or public
body., for either direct or indirect remuneration of the owner, lessor,
or operator of such place, for the parking or accommodation of mobile
homes utilized for sleeping or eating.
MOTEL. Any State licensed public lodging establishment which offers
or rent units with sleeping room accommodations which are easily
accessible to guests and which also have: 1) an exit to the outside of
each unit; 2) daily or weekly rates; 3) off-street parking for each
unit; 4) a central office on the property with specified hours of
operation; and, 5) a bath or connecting bath for each rental unit
(Cross reference §501.242(lc), F.S.).
NONCONFORMING BUILDING OR STRUCTURE (LAWFUL). A structure or building
the size, dimensions. or location of which was lawful prior to the
adoption, revision or amendment to this ordinance, but which would be
prohibited or further restricted under the terms of this Ordinance
(Cross reference: §25J).
NONCONFORMING LOT (LAWFUL). A lot, the area, dimension or location of
which was lawful prior to the adoption, revision or amendment of the
Code of Laws and Ordinances of Indian River County, but which would be
prohibited or further restricted under the terms of the Code of Laws
of Indian River County (Cross reference: §25J).
NONCONFORMING SIGN (LAWFUL). Any sign lawfully existing on the
effective date of this ordinance, or an amendment thereto, but which
would be prohibited or further restricted under the terms
NONCONFORMING USE (LAWFUL). A use or activity which was lawful prior
to the adoption, revision or amendment of this ordinance, but which
would be prohibited or further restricted under the terms
NONCONFORMITY, SITE -RELATED. A characteristic of a site, such as
off-street parking or loading, lighting, landscaping, drainage or
similar matters which are incidental to the principal use of the
property but which do not satisfy current County standards, as estab-
lished
NURSING OR CONVALESCENT HOME. A home, institution, building or
residence, public or private, whether operated for profit or not,
presently licensed by the State, which provides maintenance, personal
care or nursing for a period exceeding twenty-four hours to three or
more ill, physically infirm, convalescing, or aged persons who are not
related by blood or marriage to the operator. The definition of
nursing or convalescent home does not include hospitals, clinics or
similar institutions which are devoted primarily to the diagnosis and
treatment of the sick or injured (Cross reference: §400.062, F.S.).
OPEN SPACE, COMMON. Land within a development, not individually owned
or dedicated for public use, which is designed and intended for the
common use or enjoyment of the residents of the development and may
l
include such complementary structures and improvements as are neces-
sary and appropriate.
OPEN SPACE, GREEN. Open space includes the gross area of the site
less building coverage, parking surface, internal traffic circulation
system and any exclusions herein specifically set forth.
OPEN SPACE, PRIVATE. Common open space held in private ownership, the
use of which is normally limited to the occupants of a single dwell-
ing, building, or development.
OPEN SPACE PUBLIC. Open space owned by a public agency and maintained
by it for the use and enjoyment of the general public.
OUTDOOR STORAGE. The keeping, in an unroofed area of any goods,
material, or merchandise in the same place for more than twenty-four
hours. The parking of motor vehicles, in operating condition, which
are used in the operation of a commercial establishment shall not be
considered outside storage.
PARK. A tract of land, legally reserved by the County, State, or
Federal government or other entity for use by the public for active
and passive recreation. The Indian River County Comprehensive Plan
stipulates the County Park and Recreation Plan. The Plan includes a
classification system and defines characteristics of the same.
PARTY WALL. A common shared wall between two separate structures,
buildings, or dwelling units.
PEAK HOUR TRAFFIC. The largest number of vehicles passing over a
designated section of a street during the busiest one hour period
during a 24-hour period.
PERMITTED USE. Any use specifically designated as a "permitted use"
_in a zoning district and subject to the restrictions _-applicable to
that zoning district.
PIER. A structure extending in, on, or over waters of the State,
which is used by the public primarily for fishing, swimming or view-
ing. A pier shall not include a dock, as defined herein.
PREMISES. Any land together with any structures occupying it.
PUBLIC OR PRIVATE UTILITY, LIMITED. A facility, used in the trans-
mission or delivery of a public or private utility, in which the
facility is relatively small in scale and can be compatible with
residential and other low intensity .uses. Limited utility uses
include, but are not limited to, electrical substations, distribution
facilities and transformers; individual water or wastewater treatment
plants as opposed to larger public water and wastewater treatment
plants which are part of a county or regional system; wastewater
pumping facilities; water storage, control and pumping facilities; and
structure, equipment and rights-of-way for telephone, electricity,
gas, or water.
PUBLIC OR PRIVATE UTILITY, MAJOR. A centralized facility for the
provision of a public utility that is of sufficient scale and intensi-
ty to warrant special site considerations to limit the impact on
surrounding properties. Major utility uses include, but are not
limited to: electrical generating plants and facilities; water and
wastewater treatment and disposal facilities which are part of a
county or regional system; public utilities supply yard; and other
major community infrastructure of such scale and intensity to warrant
special site considerations in order to protect adjacent properties as
above specified.
PUBLIC PROTECTIVE SERVICES. Public facilities, or private firms
serving the general public, providing emergency police, fire, rescue,
or ambulance or similar services, excluding funeral home.
RECREATIONAL AND LANDSCAPED OPEN SPACE. Unroofed or screen roofed
ornamental landscaped areas and recreational areas which are easily
accessible and regularly available to occupants of all dwelling units
on the lot wherein the open space is located. Roof tops, porches,
MAY 15 1985 _11_ BOOK 1GE 951
MAY 15 1985
BOOK .'GE .952
raised decks, parking spaces, driveways, utility and service areas are
not calculated as open space.
RECREATIONAL VEHICLE. A vehicular, portable structure which is built
on a chassis; which is designed as a temporary dwelling for travel,
recreation, or vacation; and which has a transportable body width not
exceeding eight (8) body feet and a length not exceeding thirty-five
(35) feet (Cross reference: §513.01(4), F.S., Cross reference: §25Q).
RECREATIONAL VEHICLE PARK. A place set aside and offered by a person
or public body, for either direct or indirect remuneration of the
owner, lessor, or operator of such place, for the parking and accommo-
dation of recreational vehicles utilized for sleeping or eating; and
the term also includes buildings and sites set aside for group camping
and similar recreational facilities (§513.01(5), F.S.).
RESORT HOUSING. Structures containing accommodations made available
to tourists for temporary occupancy of dwelling units which may be
classified as a hotel or.motel room, apartment or condominium unit,
time-share unit or other such unit accommodating transient residential
needs.
RESTAURANTS (EXCLUDING DRIVE-INS). Any establishment (which is not a
drive-in service establishment where the principal business is the
sale of food, desserts or beverages to the customer in a
ready -to -consume state and where the design or principal method of
operation includes one or more of the following:
a. Customers, normally provided with an individual menu, are
served generally in non -disposable containers by a restau-
rant employee at the same table or counter at which said
items are consumed.
b. Ice cream parlors and other small specialty restaurants
having floor area exclusively_ within a shopping or office
center and sharing common parking facilities which other
businesses within the center and expressly prohibiting
freestanding stores having characteristics of a drive-in
restaurant.
c. A cafeteria or cafeteria type operation where foods, des-
serts or beverages generally are served in non -disposable
containers and consumed within the restaurant building.
d. The restaurants are self-service, food is generally served
in disposable. containers and customers generally do the
busing and clean-up for themselves or foods.
e. Customers purchase food, desserts or beverages for car-
ry -out.
RETAIL SALES AND SERVICES, GENERAL. Commercial establishments that,
in addition to serving day-to-day commercial needs of a community,
also supply the more durable and permanent needs of a whole community,
including convenience stores, supermarkets, department stores, dis-
count stores, variety stores, hardware and garden supply stores,
apparel and footwear stores, florists, gift shops, jewelry stores,
book and stationary stores, specialty shops, supporting goods stores,
furniture and home furnishing stores, office equipment and supplies,
automotive supply stores, -appliance stores and similar retail sales
and services.
This use grouping also includes laundry and dry cleaning establish-
ments classified in the Fire Prevention Code IV or V and using only
non-flammable Class IV solvents.
General retail sales and services expressly excludes sale and rental
of motor vehicles, excepting small parts and accessories; sale of
construction materials, excepting paint, fixtures, and hardware;
vehicular service and maintenance activities including service
stations.
RETAIL SHOPS, SPECIALTY. Commercial establishments such as boutique
shops and other special shops that cater to custom markets, such as
-i'L-
_I
tourists, collectors, design clientele and similar specialized user
groups, and offering goods not generally available in convenience or
shoppers goods establishments.
SCHOOL, PRIMARY AND/OR SECONDARY. A private, or public, or not for
profit institution conducting regular academic instruction at
kindergarten, elementary, and secondary levels, operated by a govern-
mental or non-governmental organization, which is licensed by the
State of Florida.
SCHOOL, BUSINESS AND/OR COLLEGIATE (INCLUDING VOCATIONAL OR TRADE
SCHOOL). A private, public, or other non-profit institution conduct-
ing educational programming for business, vocational, collegiate, or
post -graduate levels, operated by a governmental or non-governmental
organization, which is licensed by the State of Florida.
SCREENING. A method of visually shielding or obscuring one abutting
or nearby structure or use from another by fencing, walls, berms or
densely planted vegetation.
SETBACK. The minimum horizontal distance between the front, rear or
side lines of the lot and the front, rear or side lines of the build-
ing including porches, carports, and accessory uses subject to yard
encroachment provisions of §25 B of this Zoning Ordinance. For lots
fronting on curvilinear streets the front setback shall be measured
from a line perpendicular to the chord line to the nearest point of a
structure. When two (2) or more lots under one (1) ownership are
used, the exterior property lines shall be used in determining set-
backs.
SHOPPING CENTER. A group of retail stores, planned and developed for
the site upon which they are built.
SHORELINE. The mean high water line for tidal water bodies and
_ordinary high water for fresh water bodies. _
SPECIAL EXCEPTIONS. A special exception is a use that would not be
appropriate generally or without restriction throughout a particular
zoning district but would, if controlled as to number, area, location
or relation to the neighborhood, be appropriate.
STABLE, NON-COMMERCIAL. A boarding facility for horses housing no
more than one 1 horse per acre of land area. The horse, boarding
facility, and land area shall be held under the same ownership. No
boarding shall be provided in exchange for a remuneration nor shall
the horses be offered for hire or sale (Cross reference: §25.1 (A10).
STABLE, COMMERCIAL. Any premises which provides boarding for horses
for a fee and/or where horses are available for rent or sale to the
general public.
STORY. That portion of a building included between the surface of any
floor and the surface of the next floor above it, or if there be no
floor above it, thence the space between such floor and ceiling next
above it.
STREET. A public or private right-of-way which affords the principal
means of access to abutting property.
STREETLINE. A dividing line between a lot, tract or parcel of land
and -a contiguous street.
STRUCTURE. Anything constructed or erected with a fixed location on
the ground, or attached to something having or requiring a fixed
location on the ground. Among other things, structures shall include
buildings, mobile homes, walls, fences and signs, paving, sidewalks,
and utility transmission towers.
STRUCTURAL ALTERATIONS. Any substantial change, except for repair or
replacement, in the supporting members of a building, such as bearing
walls, columns, beams or girders, floor joists or roof joists.
BOOK 60 Fa.,F953
MAY 15 1985 _ -13-
J
BOOK[) F,,cF 954
SUBDIVISION. The division and recording in accordance with law of a
parcel of land into three or more lots or blocks for the purpose of
transfer of ownership for development, sale, or lease.
TEMPORARY STRUCTURE. A structure without any foundation or footings
and which is removed when the designated time period, activity, or use
for which the temporary structure was erected has ceased.
TEMPORARY USE. A use established for a fixed period of time with the
intent to discontinue such use upon the expiration of the time period
(Cross reference: §25C).
TENANT DWELLING. A residential structure located on a bona fide farm
occupied by a transient farm worker employed on the farm.
TIME-SHARE ESTATE. Any interest in a dwelling unit under which the
exclusive right of use, ownership, possession, or occupancy of the
unit circulates among the various owners of time-share estates in such
unit in accordance with a fixed time schedule on a periodically
recurring basis for a period of time established by such schedule.
TIME-SHARE PLAN. Any arrangement, plan, scheme, or similar device,
whether by membership agreement, tenancy in common, sale, lease, deed
rental agreement, license, use agreement, security, or by any other
means, whereby a purchaser in exchange for advanced consideration
receives a right to use accommodations or facilities, or both for a
period of time less than a full year during any given year but not
necessarily for consecutive years, and which extends for a period of
more than three (3) years.
TIME-SHARE UNIT. Any dwelling unit in which time-share estates have
been created.
TOWNHOUSE. A one -family dwelling in a group of at least three such
units n which each unit has its own front and rear..access,_ to the
outside, no unit is located over another unit, and each unit is
separated from any other unit by one or more common fire resistant
walls.
YARD. An open space at grade between a building and the adjoining lot
lines unoccupied and unobstructed by an portion of a structure from
the ground upward, except as otherwise provided herein. In measuring
a yard for the purpose of determining the width of a side yard, the
depth of a front yard or the depth of a rear yard, the minimum hori-
zontal distance between the lot line or chord line and the structure
shall be used.
YARD, FRONT. A yard extending across the front of a lot between the
side yard lines, and being the minimum horizontal distance between the
street line and the structure or any projections thereof, other than
the projection of uncovered steps. On corner lots, all yards which
abut the street are considered front yards.
YARD, REAR. A yard extending across the rear of a lot between the
side lot lines and between the rear lot line and the nearest struc-
ture.
On lots with one front lot line, the lot line opposite the front lot
line shall be the rear lot line.
On corner lots which abut two streets, the remaining yards not abut-
ting a street shall be side yards when abutting a side yard and shall
be rear yards when abutting a rear yard.
On a corner which abuts three streets, the remaining yards not abut-
ting a street shall be a side yard if it abuts a side yard and a rear
yard if it abuts a rear yard.
YARD, SIDE. A yard between any structure and the side line of the
lot, and extending from the front building setback line to the rear
yard and being the minimum horizontal distance between a side lot line
and the side of any structure. A yard which is not a front or rear
yard.
SECTION 2
INCORPORATION IN CODE
The provisions of this ordinance shall be incorporated into the County Code and
the word "ordinance"may be changed to "section", "article", or other appropriate
word, and the sections of this ordinance may be renumbered, reserved or relet-
tered to accomplish such intentions.
SECTION 3
SEVERABILITY
If any section, part of a sentence, paragraph, phrase or word of this ordinance
is for any reason held to be unconstitutional, inoperative or void, such hold-
ings shall not affect the remaining portions hereof and it shall be construed to
have been the legislative intent to pass this ordinance without such unconstitu-
tional, invalid or inoperative part.
SECTION 4
EFFECTIVE DATE
The provisions of this ordinance shall become effective upon receipt from the
Florida Secretary of State of Official Acknowledgement that this ordinance has
been filed with the Department of State.
Approved and adopted by the Board of
County, Florida, on this 15th day of
Indian River County
Ordinance No. 85'45
County Commissioners of Indian River
May 1985.
BOARD OF COUNTY COMMISSIONERS
Acknowledgment by the Department of State of the State
of Florida this 31st day of May. 1985.
Effective Date: Acknowledgment from the Department of
State received on this 6th day of ju„P ,
1985, at 11:00 ,. A:,M:/P.M. and filed in the Office
of the Clerk of thd-- o rd of County Commissioners of
Indian River County, Florida.
APPROVED.AS
LEGAL ,SUFFI
By
ry-Urandenburg
UNTY ATTORNEY
Aygit:V0d A§
and i,
county �,ttc)"rij
MAY 15 1985 BOOK 60 P, ,E
-15-
955
-
MAY 15
BOOK 6O P{GE 956
PUBLIC HEARING - AMENDING ZONING CODE "DECISIONMAKING BODIES"
The hour of 9:15 o'clock A.M. having passed, the Deputy
Clerk read the following Notice with Proof of Publication
attached, to -wit:
v
VERO BEACH PRESS -JOURNAL
Published Daily
Vero Beach, Indian River County, Florida
COUNTY OF INDIAN RIVER: STATE OF FLORIDA
Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath
says that he is Business Manager of the Vero Beach Press -Journal, a daily newspaper published
at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being
a�
in the matter of
in the
lished in said newspaper in the issues
Court, was pub -
Affiant further says that the said Vero Beach Press -Journal is a newspaper published at
Vero Beach, in said Indian River County, Florida, and that the said newspaper has heretofore
been continuously published in said Indian River County, Florida, each daily and has been
entered as second class mail matter at the post office in Vero Beach, in said Indian River Coun-
ty, Florida, for a period of one year next preceding the first publication of the attached copy of
advertisement; and affiant further says that he has neither paid nor promised any person, firm
or corporation any discount, rebate, commission or refund for the purpose of securing this
advertisement for publication in the said newspaper.
Sworn to and subscribed before me thi a
(SEAL) f li (Clerk of the Circuit Court, Ind
A.D. 19 _9s
(Busi
Couri1q,
NOTICE OF PUBLIC HEARING
TO CONSIDER T'HE- -
! ADOPTION OF A COUNTY ORDINANCE
Notice is hereby given that the Indian River
County Board of County Commissioners shall
hold a public hearing at which parties in Interest
and citizens shall• have an opportunity to' be
heard, in the:County Commission Chambers of
the County Admin!stration Building, located,,at
1840, 25th St eet: .Vero.. Beach., Florida, .,on
Wednesday, May 15, 1985, at 915 a m: to CX
alder the'adoptlon of,a County- Ordnance entl-
tied
-,.AN ORDINANCE OF THE BOARD OF
W-,'-
OF INDIAN'` :'
` RIVER' COUNTY, FLORIDA AMENDING
"APPENDIX A OF THE CODE 4F LAWSIt"�"
'•WAND. ORDINANCES KNOWN AS 'THE.
ZONING CODE, - RELATING TO, DECI•',4
SIONMAKING .,' o ADMINISTRATI41
F' BODIES ANDADMINISTRATIvEPR'oCE-'>'
DURES; REPEALING SECTION 28, AND(,"
CREATING "DECISIONMAKIN(9 ANQ
s • ADMINISTRATIVE BODIES"; 2) REPEAL+
ING SECTION 27, AND CREATING -AD, �"k
9i MINISTRATIVE PROCEDURES", AND 3 -4ik
;.-. REPEALING SECTION- 29(C):. AND,,,n;
":;,.PROVIDING FOR THE REPEAL OF CONS G ,
FLiCTING ORDINANCES, AS WELL AS,j,->e
CODIFICATION, SEVERABILITY, AND
. EFFECTIVE DATE.. _; , o-
If any -person decides to appeal any decision
on the above matter, he/she will need a record
�f the proceedings, and for such purposes, he/-
she may need to ensure that a,verbatim record
of the proceedings Is made, which includes Wali-
mony
basedand; evide20e upon who, the, appeal Is
, - �. Y, , ..y;n, � •;�Ja Er ,
I Indian Rider County
Board of County Commissioners-.
By: -s -Patrick B. Lyons, Chairman i
4Dri1.2& Mav Z.1985. � :...
Planning Director Keating made the staff presentation, as
follows:
44
� r �
TO:
FROM:
The Honorable Members
of the Board of
County Commissioners
Robert M. Keating,
Planning & Develox
DATE:
May 6, 1985
SUBJECT:
AICPRM/(
,ent Director
FILE:
ADOPTION OF THE DRAFT
DECISIONMAKING AND
ADMINISTRATIVE BODIES
SECTION OF THE NEW
ZONING CODE
It is requested that the information presented herein be
given formal consideration by the Board of County Commission-
ers at their regular meeting of May 15, 1985.
DESCRIPTION & CONDITIONS
The Decisionmaking.and Administrative Bodies Section is a new
part of the County's zoning code. Although this section
incorporates various aspects of the present code, particular-
ly those aspects relating to the' Board of County Commission-
ers, the Board of Zoning Adjustment, variances, and rezon-
ings, this draft section is more detailed and comprehensive
than the criteria in the present code.
As written, this draft section of the code does not represent
significant changes to the structure or function of the
County's decisionmaking and administrative bodies. It does,
however, formally delineate the current responsibilities,
functions, composition, powers, and duties of the various
decisionmaking and administrative bodies. In addition, this
draft section of the new code establishes procedures for
rezonings, variances, and public hearings. Besides these
procedures, this section sets standards for review for
rezonings and variances. While not making substantive
changes, this draft section of the code does specify the
criteria to be used by the County's appointed boards in
making decisions; it specifically delineates accepted proce-
dures and time frames, and it modifies the rezoning process
to more closely correspond to state statutes.
On April 11, 1985, the Planning and Zoning Commission voted
4-0 to recommend that the Board of County Commissioners adopt
the proposed Decisionmaking and Administrative Bodies section
of the new zoning code, as amended.
ALTERNATIVES & ANALYSIS
In preparing this section of the code, the consultant an-
alyzed the County's existing ordinances, procedures, and
standards as well as considering various other alternatives.
Besides the consultant's work, the staff analyzed -the initial
draft and made various modifications. Finally, revisions
were made based upon a series of three public workshop
meetings held on this matter. Through this process, a
complete analysis addressing all viable alternatives for the
various procedures and standards was undertaken. The result
is a draft section of the new zoning code that will facili-
tate implementation of the code by formalizing the County's
decisionmaking and administrative criteria as it relates to
the zoning ordinance.
RECOMMENDATION
It is recommended that the Board of County Commissioners
adopt the proposed Decisionmaking and Administrative Bodies
Section of the new zoning code.
45 y
MAY 15 1985 BOOK 60 95)7
MAY 15 1995
BOOK
958
Director Keating felt this was the least controversial
amendment of the code. The biggest change is that there is
specific criteria for zoning amendments, rezonings, variances,
administrative appeals, etc., as well as criteria for public
hearings and how decisions are made. He believed it is very
advantageous in that respect. Director Keating reported that
they made a few additions to the rezoning process; specifically,
one change is that a rezoning application would not be considered
active after one year if no work is done on it. They have put in
some specific language that if the rezoning sign posted is not
there for the entire time that is specified, it would not negate
the zoning itself. He believed those are the major changes
relating to rezonings and that most of the rest is pretty
self-explanatory. Director Keating informed the Board that the
Planning & Zoning Commission voted 4-0 to recommend adoption.
Chairman Lyons referred to Page 13 - Conduct of the Hearing.
He asked if there is any provision to indicate witnesses should
be sworn or whether that should be included. He just wanted to
be sure we are not prevented from.swearing witnesses if it is
desired.
Attorney Brandenburg stated that if the Board wants to have
a policy, then there should be a statement that all testimony
shall be sworn both at County Commission meetings and at the
Planning & Zoning Commission meetings.
Commissioner Scurlock felt it might not be a bad policy
since our decisions are based on the statements made.
Chairman Lyons did not feel it would be that cumbersome and
felt we could just ask everyone who wishes to be heard to stand
and be sworn at one time. He wished to know how the other Board
members felt.
Commissioner Bird felt this could be cumbersome if it were
done individually, and Mrs. Eggert, Chairman of the Planning 6
Zoning Commission, stated that she would not mind swearing people
in collectively.
46
Commissioner Bird asked if we had the power to do anything
about perjury, and Attorney Brandenburg stated that the crime
would be lying under oath and giving false testimony, and this
could be referred to the State Attorney's office.
Commissioner Scurlock inquired if this impacts us re our
ability to go back and change any decision if we relied on that
testimony.
Attorney Brandenburg did not believe it would have any
impact on the Board's ability to change their decision.
Commissioner Wodtke doubted the additional time involved
would be worth it for the infrequent times we might want to swear
someone in, and Commissioner Bird also did not see the necessity.
He did not believe the Governor and Cabinet do this.
Chairman Lyons commented that he had just wanted to bring it
up, and he will pass.
The Chairman asked if anyone present wished to be heard.
There were none.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bowman, the Board unanimously closed
the public hearing.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bowman, the Board unanimously adopted
Ordinance 85-46 amending the Zoning Code, "Decision-
making."
47
MAY 15 1985 BOOK gcF9�
MAY 15 1985
BOOK '0 ;'aGE 0
INDIAN RIVER COUNTY ORDINANCE NO. 85-46
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN
RIVER COUNTY, FLORIDA, AMENDING APPENDIX A OF THE CODE OF
LAWS AND ORDINANCES, KNOWN AS THE ZONING CODE, ESTABLISHING
DECISIONMAKING AND ADMINISTRATIVE BODIES AND ADMINISTRATIVE
PROCEDURES BY 1) REPEALING SECTION 26, "BOARD OF ADJUSTMENT
AND APPEALS", AND SUBSTITUTING "DECISIONMAKING AND ADMINIS-
TRATIVE BODIES"; 2) REPEALING SECTION 27 "ZONING AMEND-
MENTS", AND SUBSTITUTING "ADMINISTRATIVE PROCEDURES"; AND 3)
REPEALING SECTION 29(C) "PLANNING COMMISSION": AND PROVIDING
FOR THE REPEAL OF CONFLICTING ORDINANCES, AS WELL AS CODI-
FICATION, SEVERABILITY, AND EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN
RIVER COUNTY, FLORIDA that:
SECTION 26: DECISIONMAKING AND ADMINISTRATIVE BODIES
SECTION 1
Section 26, entitled "Board of Adjustment and Appeals", is hereby repealed and a
new Section 26, entitled "Decisionmaking and Administrative Bodies", is hereby
substituted in place thereof and shall read as follows:
26 A. Legislative Powers and Duties of the Board of Count Commissioners
Under these Zoning Ordinance regulations, the Board of County Commission-
ers of Indian River County shall have the following duties and powers:
1. To consider and adopt; consider, amend and adopt, or consider and
reject adoption of these Zoning Ordinance regulations.
2. To consider and adopt; consider, amend and adopt; _or -consider and
reject proposed amendments to these Zoning Ordinance regulations,
including rezonings..
3. To consider and repeal or consider and partially repeal these Zoning
Ordinance regulations. ,
4. To establish fees, charges, and expenses imposed by these Zoning
Ordinance regulations.
5. To consider and make decisions regarding special exception uses.
6. To hear and take action regarding appeals of decisions regarding site
plans and uses requiring administrative permits when required to do
SO.
7. To enforce the Zoning Ordinance regulations, provisions and re-
strictions, including taking appropriate administrative and legal
action.
8. To appoint and confirm members of the Planning and Zoning Commission,
-the Board of Zoning Adjustment, and any other Board or Committee as
now or may be required by the Zoning Ordinance.
9. As provided in Section 171.062, Florida Statutes, the Board of County
Commissioners is granted authority to review applications for rezon-
ings in areas which have been annexed for a period of- two (2) years
from the effective date of the annexation in order to evaluate
whether or not such applications are consistent with the Indian River
County Comprehensive Plan, the Zoning Ordinance, and the density and
intensity limitations established therein. No such application shall
be lawful which increases the density or intensity of development, as
allowed by County regulations, unless approval is granted by the
Board of County Commissioners.
26 B. Planning and Zoning Commission.
1. Establishment, Composition, Terms, Meetings.
1
MAY 15 1985 BOOK 66 Fh,E 961
J
TABLE OF CONTENTS
SECTION 26: DECISIONMAKING AND ADMINISTRATIVE BODIES
Page
SECTION1...............................................................
1
26 A. Legislative
Powers and duties of the Board of
County Commissioners ..........................................
1
26 B. Planning
and Zoning Commission ................................
1
1. Establishment, Composition, Terms, Meetings ..............
1
a.
Establishment .......................................
2
b.
Membership ..........................................
2
C.
Terms of Office .....................................
2
d.
Removal from Office .................................
2
e.
Vacancies ...........................................
2
f.
Compensation ............................... 0........
2
g.
Rules of Procedure ..................................
2
h.
Meetings ............................................
2
s
2. Function, Powers and Duties of the Planning and Zoning
Commission ...............................................
2
a.
Prepare Principles and Policies .....................
2
b.
Prepare Ordinances ..................................
2
C.
Recommendations Regarding Comprehensive
Plan Amendments .....................................
2
d.
Recommendations Regarding Rezonings .................
3
e.
Consider Proposed Developments ......................
3
f.
Advise Regarding Planning ...........................
3
g.
Conduct Public Hearings .............................
3
h.
Decisions Regarding Site Plans ................:.....
3
i.
Review Special Exception Uses .......................
3
j.
Decisions on Uses Requiring Administrative Permits ..
3
k.
Special Studies .....................................
3
1.
Other ...............................................
3
26 C. Board of
Zoning Adjustment ....................................
3
1. Establishment,
Appointment, Terms, Meetings ..............
3
a.
Establishment .......................................
3
b.
Composition .........................................
3
C.
Terms of Office; Removal ............................
4
d.
Vacancies ...........................................
4
MAY 15 1985 BOOK 66 Fh,E 961
J
MAY 15 1985
BOOK
Page
e. Compensation ........................................ 4
f. Meetings ............................................ 4
2. Functions, Powers, and Duties of the Board of
Zoning Adjustment ........................................ 4
a. Hear Appeals .................................. 0.....` 4
b. Interpretation ...................................... 4
C. Granting of Variances ............................... 4
SECTION 27: ADMINISTRATIVE PROCEDURES
SECTION2...............................................................
5
27 A. Amendments to the Zoning Ordinance and Official Zoning Atlas ..
5
I.
Purpose and Intent .......................................
5
2.
Changes and Amendments ...................................
5
3.
Standards of Review ......................................
5
4.
Amendment Procedures .....................................
5
a. Application Form and Content ........................
6
i. Legal Description; Boundary Survey .............
6
ii. Statement of Verification. ...............:.......
6
iii. Fees ...........................................
iv. Application Time Limitations ...................
6
6
b. Staff Review ........................................
6
i. Published Notice Requirement ...................
ii. Mailed Notice; Posted Notice ...................
iii. Failure to Provide Mailed Notice ...............
6
6
7
C. Action by Planning and Zoning Commission ............
7
d. Appeals of Decisions by Planning and
Zoning Commission ...................................
7
e. Action by the County Commission .....................
7
f. Amendments Affecting less Than Five (5%) Percent
ofthe Land Area ....................................
7
g. Amendments Affecting Five (5%) Percent or More of
TotalLand Area .....................................
8
5.
Time for Reapplying ......................................
8
6.
Interim Zoning ...........................................
8
27 B. Variance from the Terms of Zoning Ordinance ...................
8
1.
Purpose and Intent .......................................
8
2.
Approving Authority ......................................
8
3.
Type of Variance to be Allowed ...........................
8
4.
Unauthorized Variances ...................................
8
a. Use Variances .......................................
8
Page
0 963
MAY 15 1985
_ Boos FAc�
b. Special Exceptions ..................................
9
C. Uses Requiring Administrative Permit ................
9
d. Nonconforming Uses ..................................
9
e. Definitions .........................................
9
f. Density .............................................
9
g. Consistency .........................................
9
5.
Procedures ...............................................
9
a. Applicant ...........................................
9
b. Filing of Variance Application; Payment of Fee ......
9
i. Specific Regulation Involved ...................
9
ii. Variance Sought ................................
9
iii. Grounds ........................................
9
iv. Other Information
9
..............................
C. Administrative Recommendation Filed .................
9
d. Public Hearings; Notice .............................
10
6.
Review by the Board of Zoning Adjustment .................
10
a. Criteria for Granting Variances .....................
10
i. Special Condition ..............................
10
ii. Action of Applicant ............................
10
iii. Special Privilege ..............................
10
iv. Unnecessary Hardship ...........................
10
v. Minimum Variance Necessary .....................
10
vi. Purpose and Intent Compliance ..................
10
vii. Detriment to Public Welfare ....................
10
viii.Reasonable Use .................................
10
b. Prohibited Consideration
............................
10
C. Restrictions, Stipulations and Safeguards ...........
11
7.
Decision .................................................
11
8.
Time Limitations .....................................
11
9.
Judicial Relief Available ................................
11
27 C. Appeals from Decisions of Administrative Officials ............
11
1.
Purpose and Intent .......................................
11
2.
Authorization
11
a. Generally ...........................................
11
b. Scope of Authority Upon Appeal
......................
11
0 963
MAY 15 1985
_ Boos FAc�
MAY 15 1995
BOOK 60 A F 964
Page
iv -
C. Vote Required ........................................
12
3.
Appeal Procedures ........................................
12
a. Initiation ..........................................
12
b. Time Limit for Filing ...............................
12
C. Filing of Appeal; Fees ..............................
12
d. Public Hearing; Notice ..............................
12
_ 4.
Action by the Board of Zoning Adjustment;
Findingsof Fact .........................................
12
5.
Further Appeals from Action by the Board of
Zoning Adjustment ........................................
12
6.
Effect of Filing an Appeal ...............................
13
7.
-Transmittal of Record ....................................
13
27 D. Uniform Public Hearing Procedures .............................
13
1.
Setting the Hearing ......................................
13
2.
Examination and Copying of Application and
Other Documents ..........................................
13
3.
Conduct of the Hearing ...................................
13
a. Rights of All Persons .....................
13
a. ...... ,
b. Rights of Parties ....................................
13
C. Appearance, Withdrawal and Continuations ............
14
i. Failure to Appear ..............................
14
ii. Withdrawal .....................................
14
iii. Continuation for Further Study .................
14
iv. Continuation Due to Modification ...............
14
4.
Record of the Hearing ....................................
14
a. Record ..............................................
14
5.
Action by Decisionmaking Body ............................
15
a. Time ...........
b. Decisions in Writing ................................
15
6.
Notification of Decision
15
.................................
SECTION3 ..........................................................
....
16
SECTION 4
INCORPORATION IN CODE ..............................................
16
SECTION 5
SEVERABILITY.......................................................
16
SECTION 6
EFFECTIVE
DATE .....................................................
16
iv -
1
a. Establishment.
There is hereby created a Planning and Zoning Commission for
Indian River County, Florida.
b. Membership.
The Planning and Zoning Commission shall be composed of five (5)
members, appointed for four year terms by the Board of County
Commissioners of Indian River County, by resolution; the term
for each Planning and Zoning Commissioner shall run concurrently
with the terms of the Board .of County Commission member respon-
sible for that Planning and Zoning Commissioner's nomination.
C. Removal from Office.
Any member of the Planning and Zoning Commission may be subject
to removal from office by a three-fifths vote of the Board of
County Commissioners.
d. Vacancies.
Vacancies shall be filled by appointment by the Board of County
Commissioners for the unexpired term of any member whose seat
becomes vacant.
e. Compensation.
The Indian River County Planning and Zoning _Commission members
shall serve without compensation but shall be paid actual
expense which expenses shall not exceed allowances as prescribed
by state law.
f. Rules of Procedure.
Indian River County Planning and Zoning Commission shall orga-
nize, adopt rules, and perform its duties as called for by this
ordinance.
g. Meetings.
Meetings shall be at the call of the chairman or vice-chairman
or at such times as a majority of the members may determine.
The chairman, vice-chairman or any acting chairman may adminis-
ter oaths and compel the attendance of witnesses. All meetings
shall be open to the public. Three (3) members shall constitute
a quorum, and a majority vote of those present shall determine
any issue before the Planning and Zoning Commission.
2. Function, Powers and Duties of the Planning and Zoning Commission.
The functions, powers and duties of the Planning. and Zoning Commis-
sion shall be, in general:
a. Prepare Principles and Policies.
To prepare and recommend principles and policies for guiding the
development of Indian River County.
b. Prepare Ordinances.
To prepare and recommend ordinances and amendments to ordinances
which are designed to promote orderly development and implement
the Indian River County Comprehensive Plan.
C. Recommendations Regarding Comprehensive Plan Amendments.
To consider whether or not any proposed amendments to the Indian
River County Comprehensive Plan are consistent with the overall
growth management goals and objectives of the County, and to
make recommendations regarding all such amendments to the Board
of County Commissioners.
MAY 15 1985 -2- BOOK 60 NAGF.965
MAY 15 1985 BOOK �a,� 966
d. Recommendations Regarding Rezonings.
To consider whether or not any proposed rezoning requests are
consistent with the Indian River County Comprehensive Plan and
make recommendations regarding all rezonings to the Board of
County Commissioners.
e. Consider Proposed Developments.
To consider whether or not specific proposed developments
including subdivisions and planned developments conform to the
principles and requirements of this Ordinance and the Comprehen-
sive Plan and to make recommendations based thereon.
f. Advise Regarding Planning.
To keep the Board of County Commissioners and the general public
informed and advised on matters relating to planning.
g. Conduct Public Hearings.
To conduct such public hearings as may be required to gather
information for the drafting, establishment and maintenance of
the various components of the Comprehensive Plan, and such
additional public hearings as are specified under the provisions
of this Ordinance.
h. Decisions Regarding Site Plans.
To review and make decisions regarding applications for site
plan approval.
i. Review Special Exception Uses.
To receive, hear, and investigate_ petitions for special excep-
tion uses under this Ordinance and, if the facts and conditions
required by this Ordinance for the approval of such uses are
found to be present, to recommend to the Board of County Commis-
sioners that the petition be granted.
j. Decisions on Uses Requiring Administrative Permits.
To consider whether proposed uses requiring administrative
permits conform to the specific use requirements and make
decisions related thereto.
k. Special Studies.
In addition, the Planning and Zoning Commission may make, cause
to be made, or obtain special studies on the location, condition
and adequacy of specific facilities, of the area. These may
include, but are not limited to, studies on housing, commercial
and industrial facilities, parks, playgrounds, beaches and other
recreational facilities, schools, public buildings, public and
private utilities, traffic, transportation and parking.
1. Other.
To perform any other duties which may be lawfully assigned to
it.
26 C. Board of Zoning Adjustment.
1. Establishment, Appointment, Terms, Meetings.
a. Establishment.
There is hereby created a Board of Zoning Adjustment for Indian
River County, Florida.
b. Composition.
MAY 15 1985
The Board of Zoning Adjustment shall be composed of five (5)
members appointed by the Board of County Commissioners of Indian
River County. `
C. Terms of Office; Removal.
The Board of Zoning Adjustment members shall serve a term of two
(2) years or until a successor is appointed. Members shall be
removable by a majority vote of the full Board of County Commis-
sioners.
d. Vacancies.
Vacancies shall be filled for the unexpired term of any member
whose seat becomes vacant.
e. Compensation.
The Board of Zoning Adjustment members shall serve without
compensation but will be paid actual expenses incurred in the
performance of their duties. Such expenses shall not exceed the
allowances prescribed by state law.
f. - Meetings.
The Board of Zoning Adjustment shall organize and adopt rules in
accordance with the provisions of any resolution or regulation
of the Board of County Commissioners. Meetings of the Board
shall be held at the call of the chairman or at such other times
as the Board may determine. The Chairman, or in his absence,
the acting chairman, may administer oaths and compel the atten-
dance of witnesses. All meetings shall be open to the public.
Three (3) members of the Board shall constitute a quorum and a
majority vote of those present shall determine any issue before
the Board. _
Functions, Powers, a-nd Duties of the Board of Zoning Adjustment.
The Board of Zoning Adjustment shall have the following powers and
duties:
a. Hear Appeals.
To hear and decide appeals where it is alleged there is error in
any order, requirements, decision, or determination made by an
administrative official in the enforcement of this ordinance.
b. Interpretation.
To interpret these regulations at the request of the zoning
enforcement officials.
C. Granting of Variances.
To receive and consider appeals for the granting of variances
from the terms of this ordinance and to grant such variances as
will not be contrary to the public interest, pursuant to the
procedures and requirements of Section 27 (b) of this ordinance,
where, owing to special conditions, a literal enforcement of the
provisions of the ordinance will cause significant hardship.
-4- BOOK 60 FnF.967
2.
MAY 15 1985
The Board of Zoning Adjustment shall be composed of five (5)
members appointed by the Board of County Commissioners of Indian
River County. `
C. Terms of Office; Removal.
The Board of Zoning Adjustment members shall serve a term of two
(2) years or until a successor is appointed. Members shall be
removable by a majority vote of the full Board of County Commis-
sioners.
d. Vacancies.
Vacancies shall be filled for the unexpired term of any member
whose seat becomes vacant.
e. Compensation.
The Board of Zoning Adjustment members shall serve without
compensation but will be paid actual expenses incurred in the
performance of their duties. Such expenses shall not exceed the
allowances prescribed by state law.
f. - Meetings.
The Board of Zoning Adjustment shall organize and adopt rules in
accordance with the provisions of any resolution or regulation
of the Board of County Commissioners. Meetings of the Board
shall be held at the call of the chairman or at such other times
as the Board may determine. The Chairman, or in his absence,
the acting chairman, may administer oaths and compel the atten-
dance of witnesses. All meetings shall be open to the public.
Three (3) members of the Board shall constitute a quorum and a
majority vote of those present shall determine any issue before
the Board. _
Functions, Powers, a-nd Duties of the Board of Zoning Adjustment.
The Board of Zoning Adjustment shall have the following powers and
duties:
a. Hear Appeals.
To hear and decide appeals where it is alleged there is error in
any order, requirements, decision, or determination made by an
administrative official in the enforcement of this ordinance.
b. Interpretation.
To interpret these regulations at the request of the zoning
enforcement officials.
C. Granting of Variances.
To receive and consider appeals for the granting of variances
from the terms of this ordinance and to grant such variances as
will not be contrary to the public interest, pursuant to the
procedures and requirements of Section 27 (b) of this ordinance,
where, owing to special conditions, a literal enforcement of the
provisions of the ordinance will cause significant hardship.
-4- BOOK 60 FnF.967
SECTION 27: ADMINISTRATIVE PROCEDURE
BOCK FAGS 968
SECTION 2
Section 27, entitled "Zoning Amendments", is hereby repealed and a new Section
27, entitled "Administrative Procedures", is hereby substituted in place thereof
and shall read as follows:
27 A. Amendments to the Zoning Ordinance and Official Zoning Atlas.
1. Purpose and Intent. The purpose of this section is to provide a
means for changing the text of the Zoning Ordinance or the Official
Zoning Atlas. It is not intended to relieve particular hardships or
confer special privileges or rights to any person.
2. Changes and Amendments. The Board of County Commissioners may from
time to time, on its own motion, the motion of the Indian River
County Planning and Zoning Commission or the petition of the owner or
the owner's authorized agent, amend, supplement, change-, modify, or
repeal by ordinance, pursuant to the authority and in the manner
provided by state law and this ordinance, the zoning boundaries or
districts established herein or the provisions of this ordinance.
3. Standards of Review, In reviewing the application of a proposed
amendment to the text of the Zoning Ordinance or an application for a
proposed amendment to the Official Zoning Atlas, the Board of County
Commissioners and the Planning and Zoning Commission shall consider:
a. Whether or not the proposed amendment is in conflict with any
applicable portions of the Zoning Ordinance.
4.
b. Whether or not the proposed amendment is consistent with all
elements of the the Indian River County Comprehensive Plan;
C. Whether or not the proposed amendment is inconsistent with
existing and proposed land uses;
d. Whether or not the proposed amendment is in compliance with the
adopted County Thoroughfare Plan.
e. Whether or not the proposed amendment would generate traffic
which would decrease the service levels on roadways below Level
of Service "C" on a daily basis and Level of Service "D" during
peak season.
f. Whether or not there have been changed conditions which would
warrant an amendment;
g. Whether or not the proposed amendment would result in demands on
public facilities, and whether or not the proposed amendments
would exceed the capacity of such public facilities, including
but not limited to transportation facilities, sewage facilities,
water supply, parks, drainage, schools and emergency medical
facilities;
h. Whether or not the proposed amendment would result in signifi-
cant adverse impacts on the natural environment;
i. Whether or not the proposed amendment would result in an orderly
and logical development pattern, specifically identifying any
negative effects on such pattern;
j. Whether or not the proposed amendment would be in conflict with
the public interest, and is in harmony with the purpose and
interest of this ordinance; as well as
k. Any other matters that may be deemed appropriate by the Planning
and Zoning Commission or the Board of County Commissioners in
review and consideration of the proposed amendment.
Amendment Procedures.
L
1
a. Application Form and Content. All applications for changes and
amendments shall contain all the information required of this
section and shall be in a form prescribed by the County Planning
and Development Division and approved by the County Commission.
i. Legal Description; Boundary Survey. The application shall
describe by legal description and by street address, where
possible, the property to be affected by the proposed
change, setting forth the present zoning applicable thereto
and specifying the district, zone or use requested by the
applicant. The application shall also include a copy of
the deed and at least one other conveying instrument
indicating present legal and/or equitable ownership togeth-
er with notarized authorization from the owner of the
subject property if the applicant is not the owner. The
application shall also include a boundary survey, sealed by
a registered land surveyor, of the property proposed to be
rezoned.
ii. Statement of Verification. All such applications or
petitions shall include a verified statement showing each
and every individual person having a legal and/or equitable
ownership interest in the property upon which the applica-
tion for rezoning is sought.
iii. Fees. Each application shall include a publication and
Tp—plication fee as from time to time established by resolu-
tion of the Board of County Commissioners for each request-
ed change; provided, however, that as many lots or parcels
of property as the applicant may desire may be included in
a single petition if they constitute one contiguous area.
iv. Application Time Limitations. A rezoning application shall
be considered active for a period of one year after it is
submitted to the Planning and Development division, If the
application is not complete or the Board of County Commis-
sioners does not hold a public hearing on the application
because of delays by the applicant, the application shall
be terminated one year after the submittal date.
b. Staff Review. The County Planning and Development Division
shall have twenty (20) working days from the date the completed
application and required fees are submitted to review and
comment upon the application. The County Planning and Develop-
ment division shall then place the completed application on the
agenda of the next regularly scheduled County Planning and
Zoning Commission meeting; provided, however, that the following
publication requirements are met prior to the public hearing
before the County Planning and Zoning Commission.
i. Published Notice Requirement. The County Planning and
Development Division shall cause a publication of the
material contents of the application, together with a map
indicating the area proposed to be rezoned, at least
fifteen (15) days, excluding Sundays and legal holidays,
prior to the County Planning and Zoning Commission's public
hearing on the application, unless Florida Statutes mandate
different notice requirements.
ii. Mailed Notice; Posted Notice. Additionally, the County
Planning and Development Division shall mail a written
(certified return receipt requested) notice to all property
owners of property within three hundred (300) feet of the
outer limits of the area described in the petition request-
ing a change, advising all such owners as shown upon the
last prepared and completed tax assessment roll of the
County, in simple terms, the proposed change and the time
and place of the public hearing. In the event that more
than ten (10) lots or parcels are proposed for rezoning,
notification shall be by published notice only. The
Planning Department shall erect and conspicuously place
MAY 15 1985 -6- BOOK 00 F'aGE .969
rAY 1
M 5 1 5 e
BOOKr'q,F .970
upon the subject property at least one (1) notice which
shall contain the following information:
1) Map of property which is the subject of the rezoning
petition;
2) Present zoning and requested rezoning classification;
3) Dates of scheduled hearings;
_iii. Failure to Provide Notice. The provisions hereof for
mailing notice are directory only and the failure to mail
such notices shall not affect any change or amendment of
said zoning ordinance. Moreover, failure to maintain a
conspicuous notice on the property shall not affect any
change or amendment of said zoning ordinance.
c. Action By Planning and Zoning Commission. After the public
hearing, the County Planning and Zoning Commission shall report
its recommendations to the County Commission for final action. A
denial of the application by the County Planning and Zoning
Commission, unless appealed as provided for herein, will be
final.
d. Appeals of Decisions by Planning and Zoning Commission. Any
applicant who is aggrieved by the decision of the County Plan-
ning and Zoning Commission regarding rezoning applications shall
within fifteen (15) days of the decision of the County Planning
and Zoning Commission file a written'notice of intent to appeal
the County Planning and Zoning Commission decision with the
Director of the County Planning and Development division, the
Chairman of the County Planning and Zoning Commission, and the
Chairman of the County Commission.
e. Action by the County Commission. Upon receipt of the recommen-
dations from the County Planning and Zoning Commission, or upon
receipt of a written notice or intent to appeal the County
Commtssion shall consider the proposed change, amendment or
rezoning application and appeal within forty-five (45) working
days of the submission of said recommendations or written notice
of intent to appeal.
f. Amendments Affecting Less Than Five (5) Percent of the Land
Area. When a public hearing is held on an application for
change, amendment or rezoning before the County Commission
involving less than five (5%) percent of the total land area of
the County, the Board of County Commissioners shall direct its
Clerk to notify by mail each real property owner whose land will
be rezoned, stating the substance of the proposed rezoning as it
affects the property owner, and stating a time and place for one
or more public hearings on such rezoning, at least thirty (30)
days prior to the date set for the public hearing. The County
Commission shall, at least fifteen (15) days prior to the public
hearing for rezoning, excluding Sundays and legal holidays,
publish notice of intent to consider the rezoning in a newspaper
of general circulation within the County, unless Florida Stat-
utes mandate different notice requirements.
i. Notification of Surrounding Property Owners. Additionally,
the County Planning and Development division, on behalf of
the County Commission, shall mail a written (certified
return receipt requested) notice to all property owners of
property within three hundred (300) feet of the outer
limits of the area .described in the petition requesting a
change, advising all such owners as shown upon the last
prepared and completed tax assessment roll of the County,
in simple terms, the proposed change action of the Planning
and Zoning Commission and the time and place of the public
hearing. In the event that more than ten (10) lots or
parcels are being rezoned, notification shall be by pub-
lished notice only. The sign or signs erected pursuant to
(2) b. of this Ordinance shall be amended to reflect the
hearing date before the Board of County Commissioners.
ii. Failure to Provide Notice. The provisions hereof for
mailing notice are directory only and the failure to mail
such notices shall not affect any change or amendment of
said zoning ordinance. Failure to maintain a conspicuous
notice on the property shall not affect any change or
amendment of said notice.
g. Amendments Affecting Five (5%) Percent or More of Total Land
Area. In cases in which the proposed rezoning involves five
5 ppercent or more of the total land area of the County, the
Board of County Commissioners shall provide for public notices
and hearings as provided for in Chapter 125 Florida Statutes
(1979) as amended.
5. Time for Reapplying. No new application for an amendment, change or
modification of the boundaries or districts, regulations or re-
strictions contained in this chapter shall be permitted to be filed
until after the expiration of twelve (12) months from the filing of a
previous application with the County Planning and Development Divi-
sion, covering substantially the same lands.
6. Interim Zoning. The Board of County Commissioners may adopt stop -gap
or interim zoning for periods of time not to exceed one year designed
to preserve the status quo in any area in the County, pending the
completion of comprehensive zoning, water and sewer, urban renewal or
other similar type plans.
27 B. Variance from the Terms of the Zoning Ordinance.
1. Purpose and Intent.
This section is established to provide procedures _for reviewing
variances by the Board of Zoning Adjustment. A variance is a depar-
ture from the dimensional or numerical requirements of the ordinance
where such variance will not be contrary to the public interest and
J .;..
where, owing to conditions peculiar to the property and not the
result of the actions of the applicant, a literal enforcement of the
section would result in an unnecessary and undue hardship.
2. Approving Authority.
The Board of Zoning Adjustment is hereby authorized to grant vari-
ances in accordance with the provisions of this section.
3. Type of Variance to be allowed.
The Board of Zoning Adjustment shall have the authority to grant the
following variances:
a. Permit a variance in the yard or area requirements of any zoning
district where there are unusual and practical difficulties in
carrying out these provisions due to an irregular shape of the
lot, topography, or other conditions, provided such variation
will not seriously impact any adjoining property or the general
welfare.
b. Permit a variance when an owner can show that a strict applica-
tion of the terms of the code relating to the construction or
alteration of the buildings or structure or the use of the land
will impose upon him unusual and impractical difficulties, but
not loss of monetary value alone.
4. Unauthorized Variances.
a. Use Variances.
No variance shall be granted which would permit the establish-
ment or expansion of a use in a zone or district in which such
use is not permitted by this ordinance, or any use expressly or
MAY 15 19851
-s- 60 PAGE 9 n
BOOK -
MAY 15 1995BOOK,F,A PE
2
by implication prohibited by the terms of this ordinance in said
district.
b. Special Exceptions.
No variance shall be granted which would permit the establish-
ment or expansion of a special exception use in any zoning
district without the approval required in Section 25.3.
C. Uses Requiring Administrative Permit.
No variance shall be granted which would permit the establish-
ment or expansion of a use requiring an Administrative Permit in
any zoning district without the approval required in Section
25.2.
d. Nonconforming Uses.
No variance shall be granted which relates in any way to a
nonconforming use, except as allowed in Section 25(J), Noncon-
formities.
e. Definitions.
No variance shall be granted which modifies any definitions
contained within this ordinance.
f. Density.
No variance shall be granted which would in any way result in
any increase in density above that permitted in the applicable
zoning district regulations.
g. Consistency.
No variance shall be granted which would be inconsistent with
the Indian River County Comprehensive Plan.
5. Procedures.
a. Applicant.
Any property owner may apply for a variance after a decision by
the Director of Planning and Development that a proposal of such
property owner does not comply with the provisions of this
ordinance.
b. Filing of Variance Application; Payment of Fee.
The applicant must file the requisite number of applications for
variance along with the appropriate fee with the Planning and
Development Division. The application shall be in a form
approved by the Director of Planning and Development and shall
also contain the.following information:
i. Specific Regulation Involved. Identification of the
specific provisions of this ordinance from which a variance
is sought and the decision of the Director of Planning and
Development relating thereto.
ii. Variance Sought. The nature and extent of_- the variance
sought and an explanation why it is necessary.
iii. Grounds. The grounds relied upon to justify the proposed
variance.
iv. Other Information. The application shall also include a
legal description of the property, a copy of the warranty
deed for the property, as well as a certified survey or
plot plan of the property.
C. Administrative Recommendation Filed.
On all proceedings held before the Board of Zoning Adjustment,
the staff of the Planning and Development Division shall review
the application and file a recommendation on each item. Such
recommendations shall be received, heard and filed prior to
final action on any item before the Board of Zoning Adjustment,
and shall be part of the record of the application. (In refer-
ence to Administrative Appeals, a summary explanation shall be
filed in place of a recommendation.)
d. Public Hearings; Notice.
Notice, in writing, shall be,mailed by the Planning and Develop-
ment Division by using the address of said owner on the last tax
roll, and to the owners of all land which abuts the property
upon which a variance is sought, at least seven (7) days prior
to the hearing. The notice shall contain the name of the
applicant for the variance, a description of the land sufficient
to identify it, the variance requested, as well as the date,
time and place of the hearing.
6. Review by the Board of Zoning Adjustment.
a. Criteria for Granting Variances.
In order to authorize any variance of the terms of this regu-
lation, the Board of Zoning Adjustment shall have determined
that the application for variance is complete, that the public
hearing has been held with the opportunity for the aggrieved
parties to appear in person or be represented by an attorney at
law authorized to practice in the State of Florida. The.Board
of Zoning Adjustment shall also find:
i. Special Condition. That special conditions and circum-
stances exist which are peculiar to the land, structure, or
building involved, and which are not applicable to other
lands, structures, or buildings in the same zoning dis-
trict.
ii. Action of Applicant. That the special conditions and
circumstances do not result from the actions of the appli-
cant.
iii. Special Privilege. That granting the variance requested
will not confer on the applicant any special privilege that
is denied by the regulation to other lands, buildings, or
structures in the same zoning district.
iv. Unnecessary Hardship. That literal interpretation of the
provisions of the regulations would deprive the applicant
of rights commonly enjoyed by other properties in the same
zoning district under the terms of the regulations and
would constitute an unnecessary and undue hardship upon the
applicant.
V. Minimum Variance Necessary. That the variance granted is
the minimum necessary in order to make possible the reason-
able use of the land, building, or structure.
vi. Purpose and Intent Compliance. That the granting of the
variance will be in harmony with the general purpose and
intent of these zoning regulations and the Indian River
County Comprehensive Plan.
vii. Detriment to Public Welfare. That such variance will not
Fe injurious to the surrounding area or otherwise by
detrimental to the public welfare.
viii.Reasonable Use. That the property cannot be put to a
reasonable use which fully complies with the requirements
of this ordinance.
b. Prohibited Consideration.
MAY 15 199 -10- BOOK 9 rnE 973
7.
�-*ffl
BOOR '.rr
No non -conforming use of neighboring lands, structures, or
buildings in the same zoning district and no permitted use of
lands, structures, or buildings, in other zoning districts shall
be considered grounds for the authorization of a variance.
C. Restrictions, Stipulations and Safeguards.
In granting any variance, the Board of Zoning Adjustment may
make the authorization of a variance conditional upon such
alternate and additional restrictions, stipulations and safe-
---guards
afe-
__guards as it may deem necessary to ensure compliance with the
purpose and intent of this ordinance and consistency with the
Indian River County Comprehensive Plan. Violation of such
conditions, when made a part of the terms under which the
variance is granted, shall be deemed a violation of this ordi-
nance and punishable under the terms of this ordinance. Such
conditions, restrictions, stipulations and safeguards may
include, but are not limited to a reasonable time limit within
which the action for which the variance is sought shall be begun
or completed or both, the establishment of screening and/or
buffering techniques as well as provisions for extensions or
renewals.
Decision.
The Board of Zoning Adjustment shall approve, approve with con-
ditions, or deny the application, furnishing the applicant a written
statement of the reasons for any denial.
Time Limitations.
Variances shall become void if not exercised within six (6) months of
the date granted. Before this six (6) month period has expired, the
applicant may make a request to the Board of Zoning Adjustment by
letter for an additional six (6) month extension._- Any -further
extensions of time shall require a new application to be processed as
a new case.
9. Judicial Relief Available.
Any person or persons, jointly or severally, aggrieved by a decision
of the Board of Zoning Adjustment or any officer, department, or
commission of Indian River County may apply to the Circuit Court in
the respective judicial district, for judicial relief within thirty
(30) days after the rendering of the decision by the Board of Zoning
Adjustment. The election remedies shall lie within the appellant.
27 C. Appeals from Decisions of Administrative Officials.
1. Purpose and Intent.
This section is established to provide a mechanism for the hearing
and decision of appeals of decisions or actions by administrative
officials and the Board of Zoning Adjustment.
2. -Authorization.
a. Generally.
The Board of Zoning Adjustment shall have the power and duty to
hear and decide appeals when it is alleged that --there is an
error in any order, requirement, decision, or determination made
by an administrative official in the enforcement of the pro-
visions of this Zoning Ordinance.
b. Scope of Authority upon Appeal.
In exercising its powers, the Board of Zoning Adjustment may,
upon appeal and in conformity with this ordinance, reverse or
affirm, wholly or partly, or may modify the order, requirement,
decision or determination of administrative officials.
j
.M M M
C. Vote Required.
A majority vote of all members of the Board of Zoning Adjustment
shall be necessary to reverse any order, requirement, decision,
or determination of administrative officials.
3. Appeal Procedures.
a. Initiation.
The applicant, any aggrieved party, or any officer, department,
board or bureau of Indian River County or any other resident of
the County may initiate an appeal.
b. Time Limit for Filing.
Appeals must be filed within thirty (30) days following action
by the respective official.
C. Filing of Appeal; Fees.
An appeal must be filed with the Planning and Development
division on a form prescribed by the County within the specified
time limit. All such appeals shall recite the reasons why such
an appeal is being taken. The appeal shall be accompanied by a
fee to be determined by resolution of the Board of County
Commissioners. The Director of Planning and Development shall
coordinate the appeal procedure with the office of the County
Administrator.
d. Public Hearing; Notice.
All appeals shall be heard at a meeting of the Board of Zoning
Adjustment. All interested parties shall have a right to appear
x _ before the Board of Zoning Adjustment and address specific
concerns directly related to the appeal. Any person may appear
by agent or attorney. All such hearings shall be conducted in
compliance with the rules of procedure for the Board of Zoning
Adjustment. Notice shall be provided in accordance with the
requirements for granting a variance.
4. Action by the Board of Zoning Adjustment; Findings of Fact.
At the public hearing scheduled for the purpose of hearing the
appeal, the Board of Zoning Adjustment may, in conformity with the
provisions of law and this ordinance, uphold, amend, or reverse
wholly or partly, the administrative action which is being appealed.
As such, the Board of Zoning Adjustment shall have all of the powers
of the administrative officer from whom the appeal is taken. In
reviewing an appeal of a decision by an administrative official, the
Board of Zoning Adjustment must make findings in the following areas:
a. Did the reviewing official fail to follow the appropriate review
procedures?
-b. Did the reviewing official act in an arbitrary or capricious
manner?
C. Did the reviewing official fail to consider adequately the
effects of the proposed development upon surrounding properties,
traffic circulation or public health, safety and welfare?
d. Did the reviewing official fail to evaluate the application with
respect to the Comprehensive Plan of Indian River County?
The decision of the local Board of Zoning Adjustment shall be con-
sidered final unless further appealed.
5. Further Appeals from Action by the Board of Zoning Adjustment.
At any time within thirty (30) days following action by the Board of
Zoning Adjustment, the applicant or any aggrieved party meeting the
-12-
Y 15 19,8Book 0 rAu 975
MAY 16 1985
6.
BOOK 60 976
requirements for initiating an appeal may seek review of such deci-
sion by a court of competent jurisdiction, as approved by applicable
law of the State of Florida.
Effect of Filing an Appeal.
An appeal stays all proceedings in furtherance of the action appealed
from, unless the administrative official from whom the appeal is
taken certifies to the Board of Zoning Adjustment after the notice of
appeal is filed that by reason of facts stated in the certificate, a
stay_ would, in his or her opinion, pose imminent peril to life or
property. In such case, proceedings shall not be stayed other than
by a restraining order.
7. Transmittal of the Record.
The official, department, board or committee from whom the appeal is
taken shall forthwith transmit to the decisionmaking body all papers,
documents and maps constituting the record of the action from which
the appeal is taken.
27 D. Uniform"Public Hearing Procedures.
1. Setting the Hearing.
Upon determination by the Director of Planning and Development that
all applications and/or petitions for any actions which require a
public hearing, as set forth by the provisions of this ordinance have
been completed and/or filed, the appropriate decisionmaking body
shall be notified so a public hearing may be set and noticed in
accordance with the provisions of this ordinance.
2. Examination and Copying of Application and Other Documents.
Any time after the provision of notice, as required by this ordi-
nance, any person, upon reasonable request, may examine the applica-
tion or petition in question and the material submitted in support or
opposition to the application or petition in the Planning and Devel-
opment Division offices during regular business hours. Any person
shall be entitled to obtain copies of the application or petition and
other materials upon reasonable request and payment of a fee to cover
the actual costs of providing such copies. _
3. Conduct of the Hearing.
a. Rights of All Persons.
Any person may appear at a public hearing and submit documents,
materials and other written or oral testimony either individual-
ly or as a representative of an organization. Each person who
appears at a public hearing shall identify himself, his address,
and state the name and mailing address of any organization he
represents. The body conducting the public hearing may place
reasonable time. restrictions on the presentation of testimony
and the submission of documents and other materials.
b. Rights of Parties.
Persons entitled to be parties at public hearings shall include
the applicant, the owner of the subject real property, and any
officer, department, board of commission of Indian River County.
In addition, any other person who, in the opinion of the hearing
body, has demonstrated a special interest in the outcome of the
matter distinct from that of the general public may be permitted
to intervene as a party. In addition to the rights granted to
persons in para. "1", above, all parties shall have the follow-
ing rights:
i. to be represented by counsel or an agent;
ii. to present witnesses;
iii. to cross-examine all witnesses;
iv. to examine and reproduce any documents produced at the
hearing;
V. to request one continuance for the purpose of presenting
evidence to rebut evidence introduced by any other person.
Such rights shall at all times be subject to the sound dis-
cretion of the body conducting the hearing and may be limited if
unwarranted or undue delay will result or where no new materials
or testimony will be presented.
C. Appearance, Withdrawal and Continuations.
i. Failure to ApRear. An applicant's failure to appear or to
e represented at a scheduled hearing, shall not prevent a
decision from being made based solely on the information
contained in the application or other evidence provided at
the public hearing.
ii. Withdrawal. A withdrawal of an application shall be in
writing, signed by the applicant or designed representa-
tive, and shall be delivered to the Planning Department
prior to the hearing on the application; or an application
may be verbally withdrawn at the time the case is under
consideration at the hearing. No withdrawal of an applica-
tion shall be allowed after it has been heard at the
hearing, except by affirmation of the reviewing body.
iii. Continuation for Further Study. An application may be
continued during a public hearing at the request of the
Director of Planning and Development, Planning and Zoning
Commission, Board of Zoning Adjustment, or the Board of
County Commissioners based on the need for -additional study
or information.
iv. Continuation Due to Modification. An application may be
continued at the request of the applicant or designated
.representative when the applicant is proposing a modifica-
tion of his original request.
4. Record of the Hearing.
a. Record.
i. The transcript of testimony, the minutes of the Secretary,
all application, exhibits, documents, materials and papers
submitted in any proceeding before the decisionmaking body,
the report of the Director of Planning and Development or a
member of his staff, and the decision and report of the
decisionmaking body shall constitute record.
ii. The body conducting the hearing shall record the proceed-
ings by any appropriate means; upon request of any person
to the Director of Planning and Development and payment of
fee to cover the cost of transcription, the record may be
transcribed and a copy provided to that person. If a sound
recording is made, any person shall be entitled to listen
to the recording at any reasonable time, or make copies at
his own expense, at the Planning and Development Division
office.
iii. Any person shall be entitled to examine the record, at a
reasonable time, or make copies at his own expense, at the
Planning and Development Division.
5. Action by Decisionmaking Body.
a. Time.
MAY 15 1985 -14- BOOK 60 PA -E
n�77
F --
MAY 15 1985
BOOK 60 ma .978
The decisionmaking body shall render its decision within a
reasonable time.
b. Decisions in Writing.
All decisions or recommendations of the decisionmaking bodies
shall include a statement of such decisions or recommendations,
and the reasons upon which they are based.
6. Notification of Decision.
Notification of the final decision on an application shall be mailed
to all parties. A copy of the final decision shall be filed with the
Planning and Development Division.
SECTION 3
Section 29 (c), entitled "Zoning Commission", is hereby repealed.
SECTION 4
INCORPORATION IN CODE
The provisions of this ordinance shall be incorporated into the County Code and
the word "ordinance" may be changed to "section", "article", or other appropri-
ate word, and the sections of this ordinance may be renumbered, reserved or
relettered to accomplish such intentions.
SECTION 5
SEVERABILITY
If any section, part of a sentence, paragraph, phrase or word of this ordinance
is for any reason held to be unconstitutional, inoperative or void, such hold-
ings shall not affect the remaining portions hereof and it shall be construed to
have been the legislative intent to pass this ordinance without such unconstitu-
tional, invalid or inoperative part.
SECTION 6
EFFECTIVE DATE
The provisions of this ordinance shall become effective upon receipt from the
Florida Secretary of state of Official Acknowledgement that this ordinance has
been filed with the Department of State.
Approved and adopted by the Board of County Commissioners of Indian River
County, Florida, on this 15th day of May 1985.
Indian River County Ordinance
No. 85-46
BOARD OF COUNTY COMMISSIONERS
Board -of Cou
Acknowledgement by the Department of State of the State
of Florida this 31st day of May, , 1985.
Effective Date: Acknowledgement from the Department of
State received on this 6th day of June ,
1985, at 11 A.M./P.M. and filed in the Office of
the Clerk of the Board of County Commissioners of
Indian River County, Florida.
APPROVED TO F10
LEGAL SU ICI Y
By
GOY Br denbu
OUNTYMrTORNE
ssioners
Approved as to form
and legal sufficiency
By _
Gary M. j3
randeb r
County Attorney
MAY 15 1985 -16 BOOK 69 NAUH979
MAY, 15 1985
BOOK be PnE 980
GIBSON STREET - INDUSTRIAL LAND USE DESIGNATION
The hour of 11:00 o'clock A.M. having passed, the Deputy
Clerk read the following Notice with Proof of Publication
attached, to -wit:
VERO BEACH PRESS -JOURNAL
Published Daily
Vero Beach, Indian River County, Florida
COUNTY OF INDIAN RIVER: STATE OF FLORIDA
Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath
says that he is Business Manager of the Vero Beach Press -Journal, a daily newspaper published
at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being
a
in the matter of
in the
lished in said newspaper in the issues
Court, was pub-
Affiant further says that the said Vero Beach Press -Journal is a newspaper published at
Vero Beach, in said Indian River County, Florida, and that the said newspaper has heretofore
been continuously published in said Indian River County, Florida, each daily and has been
entered as second class mail matter at the post office in Vero Beach, in said Indian River Coun-
ty, Florida, for a period of one year next preceding the first publication of the attached copy of
advertisement; and affiant further says that he has neither paid nor promised any person, firm
or corporation any discount, rebate, commission or refund for the purpose of securing this
advertisement for publication in the said newspaper.
Sworn to and subscribed before me this dar,
�A.D_
<�,, , (Clerk of the Circuit Court, Indian River
L
(SEA
f�
, 41
NOTICE OF PUBLIC HEARING'"_�,
=+_ CONCERNING INTERPRETATION OF!
i. r- COMPREHENSIVE PLAN '
Notice of hearing to consider the following In.
dustrial land use designation request for the
subject property whlehis proposed to be desW,,
hated as Industrial land In accordance with the
LanD Use Element of the Comprehensive Plan
of lrallan River County, FlorkkL -.� ,
The subject property Is described asp
Lots 18, 19 akin 20, of A.A. Berry's Sub=;; ,,r:
division .of Sectlop, 21 of the Flekelleeg '
Grant, revised. from tlke Carter'e Survey,
" according to plad. thereof recorded in , j j, e
-Plat Mmk 2, Page 14, public records of
SL Lucie County, Florida. All of Utes
;above described property now lying and
being In Indian leer County. Florida ,
1'
A pubIla hearing at VAI
ah partise In Intorasf
and citizens shall have an 0 portun to be..
heard, will be held by the Board of Caukei'Com,
missloners of Indian RIMCourHy, Florlda, In
the:. Countv. Commission: Chamban 'of the
May 15,1985, at 11;88 ajd,
it any person+decides to appeal any "declalon,
made on the above matter, he/she will need a
record of the proceedings, and for 0uah Pur-
poses, he/she may need to ensure that a verba''
Um record of the proceedings Is made, which In
cludes testimony and evidence upon, which rine
appeal Is based., v+ ,::e,
Indian Rivei County f F 1!1'ti;=t
Board of County Commissioners
By: -s -Patrick S. Lyons, Chalrmark _;. *. ,
April 28, May 7. 198L
Chief Planner Shearer reviewed the staff memo and recommen-
dation, as follows:
49
t
TO: The Honorable Members DATE: May 6, 1985 FILE:
of the Board of County
Commissioners
GIBSON STREET
DIVISION HEAD CONCURRENCE: INDUSTRIAL STUDY
SUBJECT:
Obert M. KdatLng,oxicp
Planning & Development Director
Ize
FROM: and Shearer, AICP REFERENCES: Roseland Ind. Study
Chief, Long -Range Planning CHIEF
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at their
regular meeting of May 15, 1985.
DESCRIPTION & CONDITIONS
The Planning Department has received several inquiries about
the zoning and land use designation of several properties
between Gibson Street (130th Street) and the F.E.C. railroad in
Roseland. This land has been zoned M-1, Restricted Industrial
District, for many years. This land is generally designated as
MD -1, Medium -Density Residential 1 (up to 8 units/acre) on the
n land use plan. However, some of the properties along Gibson
Street developed in industrial uses prior to the adoption of
the Comprehensive Plan. The result has been vacant properties
designated as residential on the land use plan and zoned M-1
which are situated between existing industrial uses and the
railroad tracks.
On September 7, 1983, the Board of County Commissioners
determined that a 2.55 acre parcel of land owned by Grover
Fletcher and located on Gibson Street should be considered as
industrial property on the land use plan.
On April 11, 1985, the Planning and Zoning Commission voted
4 -to -0 to recommend approval of this request.
ALTERNATIVES & ANALYSIS
In this section, an analysis of the reasonableness of the
application will be presented. The analysis will include a
description of the current and future land uses of the site and
surrounding areas.
Existing Land Use Pattern
The subject property contains VICO, Inc., an aluminum and
awning company, ERB building services, and undeveloped land.
Northwest of the subject property is undeveloped -land zoned
R-1, Single -Family District (up to 6 units/acre). Northeast of
the subject property is the F.E.C. Railroad. Fufther east is
undeveloped land zoned R-1. Southeast of the subject property
is Grover Fletcher's house moving business and a County garbage
transfer station on property zoned M-1. Further southeast is a
General Development corporation warehouse in the City of
Sebastian. Southwest of the subject property are mobile homes
and undeveloped land zoned R-1RM, Residence Mobile Home
District (up to 4 units/acre).
MAY 15 1985 1
50
BOOK 0 FAH 9,81
MAY 15 1985 BOOK 60 f -AGUE 982
Future Land Use Pattern
The Comprehensive Plan designates the subject property and
the land northeast, southeast, and southwest of it as MD -1,
Medium -Density Residential 1 (up to 8 units/acre). The land
northwest of the subject property is designated as LD -1,
Low -Density Residential 1 (up to 3 units/acre). While the
Comprehensive Plan designates these properties as MD -1,
existing -land use in this area, as well as other conditions,
indicate that the appropriate land use designation for the site
should be industrial. While the subject property contains
industrial uses and there are other industrial uses in the
area, this property is not in or near an industrial node.
However, there is a provision in the Comprehensive Plan that
states:
"Certain parcels of land which do not conform to the
policies for nodal development, but can be demonstrated
to be suitable for commercial or industrial development
and otherwise meet the performance standards described
in this element, may receive consideration by the Board
of County Commissioners for commercial or industrial
zoning classification."
These parcels of land do meet the performance standards for
industrial land which are listed in the Comprehensive Plan.
Generally, there are only two circumstances which justify a
change in the land use designation of a parcel of land. The
first is a change in conditions affecting the land in question.
The second is the identification of factors not considered when
the plan was initially prepared which would warrant a change in
the land use designation of the parcel in question.
Since these parcels of land were not considered separately
during the process of preparing the Plan, the specific factors
affecting the future use of this land were not considered at
that time. In assessing whether or not the land use plan
designation for this site is appropriate, the.staff has found
that specific conditions, not generally applicable to the other
land designated MD -1 in this area, apply to this site.
RECOMMENDATION
Based on the above analysis, including the industrial location
provisions of the Comprehensive Plan, the existing land uses in
this area, and the Planning and Zoning Commission's
recommendation, staff recommends approval. I
Planner Shearer noted that individuals in this area have
expressed an interest in either continuing with or establishing
industrial use in this area. While it is zoned M-1, the Land Use
Plan has it designated medium density residential. After looking
at the area, staff found part of the property does have indus-
trial uses now and believe the in -fill would be more appropri-
ately used for industrial. Staff, therefore, feels these parcels
do meet the special provision in the Comprehensive Plan
and suggest the Board invoke that provision so the land owners
51
W. r W
can retain their zoning and be allowed to develop industrial
instead of being limited to the uses of the Land Use designation.
The Chairman asked if anyone present wished to be heard.
Fred Mensing, President of the Roseland Property Owners
Association, noted at at one time years ago Gibson Street was
referred to as Industrial Drive. All the people in the area
generally agree that the property in question is basically used
industrially and would like to see the Board make this change.
He continued that the Association also would like to have the
Land Use Plan provide that when a site plan is filed that affects
their area, the Association must be notified. These type things
have a major impact on the community and they do not want them to
slide by; they, therefore, want the Property Owners Association
to become a party of record on any such changes in the future.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Wodtke, the Board unanimously closed
the public hearing.
MOTION WAS MADE by Commissioner Scurlock, SECONDED
by Commissioner Bowman, to accept the recommendation
of staff to allow the subject property on Gibson
Street to develop under its industrial zoning and
also to instruct staff to notify the Roseland Property
Owner's Association of any future site plan applica-
tion that might impact their area.
Chairman Lyons felt the proposed notification of site plans
could present a problem, and Director Keating confirmed that it
is very difficult for staff to notify interested parties all the
time when a site plan comes in. They try to, but there has been
a question as to whether or not there should be some notice
requirement.
52
MAY 15 1985 BOOK 60 i,i,E 983
J
MAY 15 1985 1
BOOK 60 P,A.�E 984
Commissioner Scurlock stated that he is just saying that if
staff can identify those hearings that would pertain, that they
should send the Association a letter as a courtesy.
In further discussion, Administrator Wright suggested that
the Association simply be sent a copy of the Planning & Zoning
Commission agenda so they can identify what they are interested
in following up. He did not want staff to have to get into a
horrendous recording keeping process.
Commissioner Scurlock suggested posting a sign on the area
the site'"plan covers the same as is required for an area to be
rezoned.
It was agreed that the Property Owners Association should be
sent a copy of the Planning & Zoning Commission agendas, and
Commissioners Scurlock and Bowman agreed to reword their Motion
accordingly.
THE CHAIRMAN CALLED FOR THE QUESTION on the Motion
as reworded. It was voted on and carried unanimously.
RIGHT-OF-WAY ABANDONMENT - BULLINGTON SUBDIVISION
The hour of 11:15 o'clock A.M. having passed, the Deputy
Clerk read the following Notice with Proof of Publication
attached, to -wit:
53
rr
r
VERO BEACH PRESS -JOURNAL
Published Daily
Vero Beach, Indian River County, Florida
COUNTY OF INDIAN RIVER: STATE OF FLORIDA
Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath
�r
says that he is Business Manager of the Vero Beach Press -Journal, a daily newspaper published
1 NOTICE- PUBLIC HEARING
PETI-
at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being
RF THEERCLOSINNGC. ABANDONMENT.
TION FOR
AND VACATION OFA 15 FOOT WIDE COUNTY
AND
ROAD NIGHT -OF -WAY LOCATED APPROXI-
MATELY 500 FEET WEST OF INDIAN RIVER
a�J
BOULEVARD, BETWEEN 17TH' AND 18TH
STREETS. SAID RIGHT-OF-WAY BEINO'MORE
in the matter of Jk CGCf7L/
PARTICULARLY DESCRIBED AS:
The East 15 feet of the East 4 acres of
Lot 1, Block 2. Dr. Richard Bullington's
Subdivision. according to the plat there-.
of, recorded In Plat Book 2, page 5, St.
Lucia County. Florida. presently situated
In Indian River County, Florida.
in the Court, was pub-
— ---
A public hearing at which parties In Interest
and citizens she8 have an opportunity to be
heard, will be held by the Boarrd�tyof County Conn
`i
Inissloners of Indian River Cou, da. in the
County
lished in said newspaper in the issues of
Commission Chambere of the Admnls-
ff
tra*m Building, located at 1840 25th Street,
Vero Beach, Florida on Wednesday. May 15,
1985. at 11:15 a.m.
If any p�sori: decides to appeal any decision
made on the above matter, he wl8 need a record
Affiant further says that the said Vero Beach Press -Journal is a newspaper published at
m the proceedings, and for such purposes, he
may need to ensure that a'verbatim record of the
Vero Beach, in said Indian River County, Florida, and that the said newspaper has heretofore
proceedings is made, which Includes testimony
been continuously published in said Indian River County, Florida, each daily and has been
and evidence upon which the appeal is based.
Indian River County
entered as second class mail matter at the post office in Vero Beach, in said Indian River Coun-
Board of County Commissioners
ty, Florida, for a period of one year next preceding the first publication of the attached copy of
By--s-Patrick S. Lyons, Chairman
advertisement: and affiant further says that he has neither paid nor promised any person, firm
April 25, 1985.
or corporation any discount, rebate, commission or refund for the purpose of securing this
advertisement for publication in the said newspaper.
Sworn to and subscribed before me this dfty of A.D. 19
(+ siness Nin er
% / +l
-clerk of the Circuit Court, Indian River County, F rida) ;
(SEAL)
Staff Planner Karen Craver made the staff presentation:
TO: The Honorable Members DATE: May 3, 1985 FILE:
of the Board of
County Commissioners
DIVISION HEAD CONCURRENC
_ OBJECT: GEORGE C. COLLINS TRUSTEE -
PETITION FOR RIGHT-OF-WAY
Robert M. Keat ng, ICP ABANDONMENT
Planning & Development Director
FROM: Karen M. Craver��REFERENCES:
Staff Planner
It is requested that the following information be given formal
consideration by the Board of County Commissioners at their
regular meeting on May 15, 1985.
54
MAY 15 1985 BOOK bo F ,�
AY 15 1985
DESCRIPTION AND CONDITIONS:
BOOK 60 NH 986
In March of this year, George C. Collins, acting as Trustee,
submitted a right-of-way abandonment petition to the Planning
and Development Division. The petition requests that the
County abandon a 15 foot wide right-of-way dedicated to the
County. as part of the Richard E. Bullington Subdivision. The
subject right-of-way extends north and south between 17th and
18th Streets, approximately 500 feet west of Indian River
Boulevard.
In accordance with the administrative guidelines approved by
the Board of County Commissioners for the processing of right-
of-way abandonment applications, the request was reviewed by
all County divisions and utility providers having jurisdiction
within the right-of-way. The request for abandonment was
approved by all parties contacted.
ANALYSIS:
The 15 foot right-of-way was dedicated to the County in 1912
and has not been utilized to this date. The surrounding
property is zoned RM -10, a designation allowing multi -family
residential development. Given the development prospects for
this site, it is likely that access to 17th Street will be
restricted. Therefore, it is the staff's position that the
existing 15 foot right-of-way will not be needed for access
purposes.
RECOMMENDATION:
Due to the positive response of all parties contacted and the
multi -family zoning of the surrounding property, staff recom-
mends that* the petition to abandon the 15 foot wide County
right-of-way located between 17th and 18th Streets, west of
Indian River Boulevard, be approved.
Planner Craver felt it unlikely this easement would ever be
used; staff, therefore, recommended the abandonment be approved.
Commissioner Bowman inquired about any problem with
accessing this property into a City street because the City line
is right there, and Administrator Wright noted they have to get
permission from the City for a curb cut.
The Chairman asked if anyone present wished to be heard.
There were none.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bird, the Board unanimously closed
the public hearing.
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Scurlock, the Board unanimously
55
7.
approved Resolution 85-52 providing for the
abandonment of a 15' wide County right-of-way
in Richard E. Bullington's Subdv.
RESOLUTION No. 85-52
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER
COUNTY, FLORIDA, PROVIDING FOR THE CLOSING, ABANDONMENT, AND
VACATION OF A .15 FOOT WIDE COUNTY ROAD RIGHT-OF-WAY LOCATED
APPROXIMATELY 500 FEET WEST OF INDIAN RIVER BOULEVARD, BETWEEN
17th AND 18th STREETS, LYING WITHIN DR. RICHARD E. BULLINGTON'S
SUBDIVISION.
WHEREAS, on March 8, 1985, the County received a duly
executed and documented petition from George C. Collins, Jr.,
Trustee, of 744 Beachland Boulevard, Vero Beach, Florida,
requesting the County to close, vacate, abandon, and disclaim
any right, title, and interest of the County and the public in
and to a 15 foot wide right-of-way located approximately 500
feet west of Indian River Boulevard, between 17th and 18th
Streets, lying within Dr. Richard E. Bullington's Subdivision.
WHEREAS, in accordance with Florida Statutes S 336.10,
notice of a public hearing to consider said petition has been
duly published; and
WHEREAS, after consideration of the petition, supporting
documents, staff investigation and report, and testimony of all
those interested and present, the Board finds that said right-
of-way is not a state or federal highway, nor located within
any municipality, nor is said right-of-way necessary for
continuity of the County's street and thoroughfare network, nor
access to any given private property.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD - OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that:
1. All right, title, and interest of the County and the
public in and to that certain right-of-way being more particu-
larly described as:
The East 15 feet of the East 4 acres of Lot 1, Block 2,
Dr. Richard E. Bullington's Subdivision, according to the
plat thereof, recorded in Plat Book 2, page 5, St. Lucie
County, Florida, presently situated in Indian River
County, Florida,
is hereby forever closed, abandoned,
discontinued, remised, and released.
56
vacated, surrendered,
BOOK D F",�r.97
J
MAY 15 1985
BOOK
2. Notice of the adoption of this resolution shall be
forthwith published once within thirty (30) days from the date
of adoption hereof; and
3. The Clerk is hereby directed to record this resolution
together with the proofs of publication required by Florida
Statutes §336.10 in the Official Record Books of Indian River
County without undue delay.
No. 85-52
The foregoing resolution /was offered by Commissioner
Bird who moved its adoption. The motion was
seconded by Commissioner Scurlock , and upon being put
to a vote, the vote was as follows:
Chairman Patrick B. Lyons Ave
Vice -Chairman Don C. Scurlock, Jr. Ave
Commissioner Richard N. Bird Aye
Commissioner Maggy Bowman Aye
Commissioner William C. Wodtke, Jr. Aye
The Chairman thereupon declared the resolution duly passed
and adopted this 15th day of May , 1985
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA
BY
PROPOSED ORDINANCE - CREATING SECTION RE HAZARDOUS MATERIALS
The hour of 11:30 o'clock A.M. having passed, the Deputy
Clerk read the following Notice with Proof of Publication
attached, to -wit:
57
_I
t
VERO BEACH PRESS -JOURNAL
Published Daily
Vero Beach, Indian River County, Florida
COUNTY OF INDIAN RIVER: STATE OF FLORIDA
Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath
says that he is Business Manager of the Vero Beach Press -Journal, a daily newspaper published
at Vero
Beach in Indian River County, Florida; that the attached copy of advertisement, being
a
in the matter • /Ii2
In the
lished in said newspaper in the issues of a�i dJ
Court, was pub-
Afflant further says that the said Vero Beach Press-Joprnal is a newspaper published at
Vero Beach, in said Indian River County, Florida, and that the said newspaper has heretofore
been continuously published in said Indian River County, Florida, each daily and has been
entered as second class mail matter at the post office in Vero Beach, in said Indian River Coun-
ty, Florida, for a period of one year next preceding the first publication of the attached copy of
advertisement` and affiant.further says that he has neither paid nor promised any person, firm
or corporation arty dist,
rebate, commission or refund for the purpose of securing this
advertisement• for publication jn .the said newspaper. ,y
Sworn to and subscribed before nr a this dayA A.D. 19 11 .
(Business anag
j� �, Clerk of the Circuit Court, Indi Per Couor a
(SEAL)')I )� f�,,,,\
.
1-1
Cwtm
The go" of Cou i
neannintheig on
A M.
Indian I
Board <
Patrick
�UUTE
Attorney Brandenburg informed the Board that there is
pending legislation that will affect this issue, and he, there-
fore, would like to withdraw this ordinance from consideration
today so that if the legislation is passed, we then can make the
ordinance consistent with it. This should be within a month.
ON MOTION by Commissioner Bowman, SECONDED by
Commissioner Scurlock, the Board unanimously
withdrew the above item from today's agenda as
recommended by the County Attorney.
AWARD BID - SR 60 FORCE MAIN
Utilities Director Terry Pinto referred to the following
letter from Consulting Engineers, Williams, Hatfield 8 Stoner,
Inc., and suggested the Board accept their recommendations:
58
MAY 15 1985 t3ooK
a.
MAY 1 ,5 1985 BOOK 60 FADE 990
N -\/ --%%*
WILLIAMS, HATFIELD 8 STONER, INC.
Consulting Engineers - Planners - Land Surveyors :dA
2312 WILTON DRIVE, FORT LAUDERDALE, FL 33305 , 3OS/S66-8341 GROWARD • 305/947-8238 DADE
C. GWX WILLIAMS, JR., P, C.
LEE P. HATFIELD, JR., P. C-
C. W. (GENE) STONER, P. L.S.
ANTHONY A. NOLAN, P. C.
C. R. SANDERS, P. E.
A. L. (SKIP) HARVEY, JR., P. C.
Mr. Terry Pinto, Director
Department of Public Works
Indian River County
1840 Twenty-fifth Street
Vero Beach, Florida 32960
Dear Mr. Pinto:
AIRPORTS
HIGHWAYS 6 9RIDGES
WATER 6 SEWER SYSTEMS
LAND SURVEYS
SUBDIVISION DEVELOPMENT
DRAINAGE 6 FLOOD CONTROL
T d MARINE FACILITIES
2L ENGINEERING
Ow�w •' h
May 10, 1985 b
INDIAN RIVER COUNTY - S.R. 60 WASTEWATER IMPROVEMENTS
BID AWARD RECOMMENDATIONS
We have received and examined the bids opened on May 7, 1985 for the above
project and offer the following comments regarding the low Bidder, Coastline
Utilities+ Inc. and Nagel Construction, Inc., a Joint Venture.
1) The mathematics for the low bid are correct with a total price bid of
$1,330,377.00.
2) A bid bond, executed in the amount of 5% of bid amount, has been forwarded
by a federally approved Surety listed in Circular No. 570,- Federal
Register.
3) The low Bidder's true address does appear with the bid.
4) The Better Business Bureau of St. Lucie County has no records on file of a
discontent customer involved with the low Bidder.
5) On page P-,8 of the low bid, the Bidder has submitted the name of several
suppliers instead -of manufacturers. We do not consider this a bid
irregularity, and the Bidder has acknowledged that they will immediately
supplement the existing information with the names of material
manufacturers.
6) Contacts of Owners and Engineers involved with the low Bidder's recent
projects indicate adequate and acceptable installations.
Based upon the above information, we recommend awarding the State Road 60
Wastewater Improvements contract to the low Bidder, Coastline/Nagel
Construction, Inc., pending receipt of the updated manufacturers list.
We also suggest, however, that a Notice to Proceed not be issued for the
Contract until the updated D.E.R. .construction permit has been received by
Indian River County.
We hope the above information is adequate for your needs to award the
project. Please feel free to contact our office if you have any questions
regarding this topic.
Very truly yours,
/ _1� ,TOS
Richard'S. Yates, P.E.
Project Manager
59
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bird, the Board unanimously awarded
the SR 60 Wastewater Improvements contract to the
low bidder, Coastline/Nagel Construction, Inc.,
pending receipt of the updated manufacturers list
and agreed not to issue a Notice to Proceed until
the updated D.E.R. construction permit has been
received.
DISCUSS WASTEWATER DISPOSAL AT FAIRGROUNDS
Commissioner Bird noted that when the Firefighters conducted
their annual fair, the public used port -o -lets, and there were
problems with some waste being dumped in the area by the motor
homes where the Daeggler Amusement Company workers parked.
Commissioner Bird stated that.he, therefore, would Like to ask if
our Utility Department can come up with some type of wastewater
collection system in the back of the fairgrounds for these people
to use during next year's fair and possibly for the others who
will be using the fairgrounds.
Utility Director Pinto believed his department can come up
with a solution, and Administrator Wright felt the only problem
would be if we have to have an engineering seal.
Commissioner Bird requested that the Utility Department
bring some information back to the Board, and he felt possibly we
can get some financial contribution from Daeggler since they are
primarily the ones who cause the problem.
Commissioner Bowman urged that before we do anything further
on the site that we get a master plan, and Commissioner Bird
noted that we have a temporary master plan now from our
engineering department and he also has been in contact with the
University of Florida in regard to having someone from their
School of Landscape Architecture do a more detailed plan.
Commissioner Scurlock inquired whether we are going to
establish a budget for that activity in the upcoming year, and
60
BOOK 60
MAY 15 1985 ��,,r 991
MAY 15 1995
BOOK 6 MSE 902
Commissioner Bird stated that we have adopted a fee schedule for
anyone who wants to use the facility; we actually haven't had
many requests. Basically, all we are doing now is having the
Parks Department mow the grass.
Administrator Wright noted that this is really a subsidiary
of the Parks Department.
Commissioner Scurlock commented that he did not want any
conflict about how we spread our money .out.
Chairman Lyons agreed that the Recreation and Parks Depart-
ment needs to know what their obligations are, and he suggested
that Commissioner Bird address some possible budget for next
year.
Director Pinto confirmed that he will supply costs for any
utiiity system.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bird, the Board unanimously agreed a
budget should be set up for the Fairgrounds for
the coming year and instructed the Utility Depart-
ment to bring back information re design and cost
of some type of wastewater disposal system.
EXTENSION OF LEASE AGREEMENT W/SCHOOL BOARD - SHERIFF'S OFFICES
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Scurlock, the Board unanimously
approved an Extension of Lease Agreement with
the School Board for the Sheriff's Administra-
tive offices for one year.
61
4
t
EXTENSION OF LEASE AGREEMENT
WHEREAS, THE SCHOOL BOARD OF INDIAN RIVER COUNTY,
FLORIDA, and INDIAN RIVER COUNTY entered into a LEASE
AGREEMENT on the 5th day of May, 1982, for a term of three
years, commencing on the 1st day of June, 1982, and terminating on
May 31, 1985; and
WHEREAS, the parties now desire to extend the term of
said LEASE AGREEMENT for an additional one-year period:
NOW, THEREFORE, THE SCHOOL BOARD OF INDIAN RIVER
COUNTY, FLORIDA, a corporate body existing under the laws of the
State of Florida, hereinafter referred to as "Landlord" and
INDIAN RIVER COUNTY, a political subdivision of the State of
Florida, hereinafter called the "Tenant," in consideration of the
mutual promises and agreements set forth below hereby agree,
pursuant to Paragraph 2 of the May 5, 1982, LEASE AGREEMENT, to
extend the term of the LEASE AGREEMENT for an additional one-year
period, commencing on May 31, 1985, and terminating on May 31,
1986, for the total additional rental of $17,499.46, payable
monthly in advance on the first day of each month during the term
of this LEASE EXTENSION at the rate of $1,458.33 per month, plus
sales tax if applicable.
All of the remaining terms and conditions of the May 5,
1982, LEASE AGREEMENT shall remain in full force and effect for
the term of this LEASE EXTENSION.
IN WITNESS WHEREOF, we the Landlord and Tenant have
hereunto
affixed our
hands and
seals
at Vero Beach, Indian River
County,
Florida, on
the dates
set
forth next to the respective
signatures.
Dated: May 14, 1985
Wi e s s
Witness
Dated: May 15, 1985
tless
Witiffess
THE SCHOOL BOARD OF INDIAN
RIVE COIINTY, FL RIDA
By
�,
Chairman
Attest°
ad_4�_-2= —
Superintendent
BOARD OFF NTY COMMISSIONERS
OF INDI ER COUNTY, FLORIDA
Attest
Ap}rrnve aS
and le
grtyvill�n bur PnGE tjL#
Ay 15 1985 BOOK 60 PAGF.99
DISCUSSION RE POTENTIAL FINANCING
Attorney Brandenburg informed the Board that he met with the
new investment banker underwriters and discussed the status of
the current bond market. Right now the bond market is excellent,
and it would be advisable to proceed as soon as possible. He,
therefore, would like authorization to begin preparation of
documents for the refunding of the County Administration Building
and the Courthouse, as well as producing funds for the Sheriff's
building, the Title 6 Trust Building, cost overruns, etc.
Chairman Lyons clarified those are not overruns; it is
underfinancing.
Commissioner Scurlock asked if this would include the golf
course, and Attorney Brandenburg confirmed that it would.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bowman, the Board unanimously authorized
the Attorney to prepare documents as described above.
DISCUSSION - GROUP HOME LEGISLATION
Chairman Lyons referred to the following material received
from the State Association of County Commissioners:
63
r j� �
TO: County Officials May 10, 1985
FROM: John P. Thomas, Executive Director
RE: Group Home Legislation
The attached factsheet describes aspects of the group home
legislation. The bills, HB -1174 and SB -1099, are on a fast
track. HB -1174, sponsored by Representative Martin and the
Community Affairs Committee, has already passed the House. SB -
1099, sponsored by Senators, Fox, Meek and Jenne, has passed the
HRS Committee and is on the Senate Calendar.
It has been most difficult to get legislators to listen to the
issue. The left column of the Factsheet is what most of them
hear and the statement cannot be refuted. The right column is
where the problem lies. It has a hard message to get across.
The proposed bill is in contradiction to the Association
policy. Opposing this legislation does not mean that you are
opposed to group homes. Please contact your Senator
immediately. It will be voted on this week.
SUM ASSOCIATION of COUNTY COMMISSIONERS OF FLORIDA. INC.
"M YM IRVE BMW:
The purpose of the bill is to
allow persons to bring into their
hame up to 6 individuals who may * be
elderly, physically handicapped or
mentally retarded. Legislation is
needed because local government has
not done an adequate job of waiving
zoning and permits to allow such
living arrangements.
64
The bill allows carnmercial
ventures to operate in residental
neighborhoods. Such facilities may
house up to 19 persons. The
buildings may function as a de-tox
center, halfway house, house for
wayward youth, treatment center for
mentally ill, or any other function
for persons with "special Reeds".
If a suitable house does not
exist, modification, renovation or
reconstruction may occur. New
buildings may also be constructed.
All such activities may be
undertaken without regard for deed
restriction, covenants or any other
"condition". All powers of local
government to regulate the "hares"
are -preempted except that the police
may respcnd to nuisance calls.
BOOK U0 F'F;Gc.995
MAY 15 1985 BOOK
Chairman Lyons believed it has gotten a bit out of hand, and
he wondered if the Commission would consider taking the position
that while we don't disapprove the group home concept, we do not
agree with the Bill as it is currently written because it takes
away nearly all controls. He further felt that you really get
away from the home concept if you authorize someone to go in
business in your neighborhood who doesn't even live there, and he
would like to take a position against the Bill as written.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bowman, the Board unanimously agreed
to take a position against the proposed Bills on
Group Home Legislation as written.
Chairman Lyons requested the County Attorney to call the
State Association and inform them of our position on this.
WORKSHOP MEETING ON OVERALL ECONOMIC DEVELOPMENT PLAN
Commissioner Scurlock referred to the following memo from
the Planning Director and felt the Overall Economic Development
Committee did make a recommendation:
TO: Mike Wright, DATE: May 8, 1985 FILE:
Couvwnn Giministrator
101'4"
.� 4 y1s, u
Rte, as t BCC Workshop Meeting on
Bo/l, _ SUBJECT: overall Economic Development
Plan (OEDP)
FROM: Bob Keating, AICP REFERENCES:
Planning & Development Director
I think that it will be necessary to have a BCC workshop meeting
on the OEDP. That way we can address most of the issues in a
single -item public workshop session and not take a lot of time on
-a regular BCC meeting day.
I was thinking of a workshop on Wednesday, June 5, 1985 at 2:00
p.m. If you think that's OK, could you please check it out with
BCC members. Once confirmed, I'll make the arrangements. I was
thinking of then presenting the OEDP to the BCC for formal adop-
tion at their meeting of June 19, 1985.
65
Commissioner Wodtke stated that this is the federal
requirement for a designation and this is a planning committee
that was set up. He reported that our Economic Development
Committee met with the Overall Committee one time and proposed
some modifications, and he believed they are now ready to report
to the Commission. Commissioner Wodtke felt it was amazing how
close the thoughts and concerns of our committee were with those
of the Overall E.O.D. Committee. He continued that they have
quite a voluminous written report which he has been through, and
he has no problem with it. He does, however, have a problem with
a workshop on the afternoon of the 5th. Considerable dis-
cussion followed in regard to a time for the workshop, and it was
agreed to set a workshop for 10 o'clock A.M. Tuesday, June 4th.
ADVANCED LIFE SUPPORT SYSTEM
Administrator Wright reported that we have had inquiries on
the new advanced Life support system, and he would like to talk
about it if the Board is agreeable. He reported that he talked
about this with Rick Lamb who is chairing a Hospital committee
about ALS and has asked that Commissioner Bird attend.
Administrator Wright stated that what the problem boils down
to is that all those on the committee - Dr. Frazier, Tom Nason,
Ernie Polverari, Commissioner Bird - are all South County. He
believed that any ALS committee should be geared toward
countywide service, and he would like the Commission to take a
position on that.
Chairman Lyons agreed ALS should be available to all people
in the county.
Commissioner Wodtke noted that apparently the Administrator
is saying that Rick Lamb is chairing a committee on ALS for the
Hospital District and that Indian River Memorial Hospital has
expressed an interest in ALS. The Administrator confirmed this
statement. Commissioner Wodtke believed they would have to
bring the Sebastian Hospital into any discussion on this.
66
MAY 15 1985 Boos 9-9
MAY, 16 1985 BOOK
U.
Commissioner Scurlock believed when they made up the
committee, they did not realize that the County is taking over
the administration of the District, and that Tom Nason will not
be running the South County Fire District next year.
Commissioner Wodtke felt they probably were talking about
Tom Nason as a representative of the City of Vero Beach.
Chairman Lyons and Commissioner Bowman both indicated their
interest in having ALS for the whole county.
Administrator Wright felt the bottom line is who will have
to pay fo*r it - us or the Hospital District.
Commissioner Scurlock noted that then the other question is
whether the Fire Department handles the ALS or the Ambulance
Squad.
Commissioner Wodtke expressed the hope that they would
investigate a fee for services, and the Administrator felt they
will have to.
Commissioner Bowman asked if every ambulance would be
equipped for ALS, and it was noted that this is part of the
physical study.
Commissioner Bird wished clarification whether he was being
asked to serve as representative of the Commission or as an
individual, and Administrator Wright stated that Rick Lamb had
said he was going to appoint Commissioner Bird.
Chairman Lyons asked if the Commission wants to take a
position at this time as this really isn't on today's agenda.
Commissioner Scurlock just felt some liaison should be
established and information supplied regarding who represents who
and who runs what. He noted that he does not want Chief Forrest
Smith speaking for us unless.we have instructed him.
Administrator Wright stressed that he was not asking the
Board to take a position, but to look at it hard as a countywide
system. He noted it may not be feasible.
Commissioner Scurlock felt the key is the communications
network.
67
M M J 1 - M
ARCHITECT SELECTION COMMITTEE
Chairman Lyons reported that the Committee met in regard to
choosing an architect for the Sheriff's building and picked three
out of six applicants: C. E. Block; R S & H Architects; and W.
R. Frizzell, and they would like permission to begin negotiations
with Mr. Block.
Administrator Wright noted that Mr. Block was the only local
architect.
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Scurlock, the Board unanimously
authorized staff to negotiate with C. E. Block,
Architect, and come back to the Board with the
results.
DISCUSS STATUS OF NEW JAIL CONSTRUCTION
Commissioner Wodtke commented that he simply wanted some
kind of status report as it doesn't look as if much is happening
at the site.
Chairman Lyons stated that he also was concerned, but the
builders keeps saying that will meet the completion date.
General Services Director "Sonny" Dean reported that he
checked the site this morning, and they are out there now.
Commissioner Wodtke noted that possibly when the contractor
comes back to the Board for additional time, we can look back at
these Minutes and pinpoint when they started. We need these
people to be on the job and working as we need to get that
facility built.
Chairman Lyons wished to be sure we aren't creating a holdup
with purchasing re sales tax, but he knew Director Dean has
looked into that. He emphasized that he does not want to give
them any opportunity to have any excuse because of us and hoped
we have all bases covered.
68
MAY 15 1985
BOOK 00 Peet
MAY 15 1985 BOOK ' P�-iu 1000
Attorney Brandenburg inquired whether the contractor has
ordered anything yet, and Director Dean stated that he has not.
Commissioner Scurlock noted that they told him they are
waiting for the shop drawings, and Director Dean advised the
Board that he talked with the project manager, who informed him
that they have most of the shop drawings and will begin. They
are laying out the building itself this morning.
The Board was happy to hear this..
PROPOSED AD HOC COMMITTEE - ST. JOHN'S MANAGEMENT PLAN
Commissioner Bowman expressed concern that we don't have all
the information and that when the Pian comes back from the Corps,
we will have even less information and need to be updated. She
knew there is a lot of background material available and
suggested we have an ad hoc citizen's committee of about five
members set up to study this.
Chairman Lyons believed the primary objective is to get an
understanding of what they are trying to do and what the effect
will be.
Commissioner Scurlock felt the committee should contain
representatives from the appropriate agencies, environ-
mentalists, taxpayers re cost, etc., and Administrator Wright
pointed out that we may have to go to Palatka with this
committee.
Commissioner Bowman suggested the following to make up the
committee - Attorney B.T.Cooksey, Ruth Stanbridge, Art
Challacombe, Susie Wilson, Mike Zeigler, and citrusman Lex
Kromhout.
Administrator Wright wished to give his usual staff
disclaimer - he does not feel staff should actually be on the
committee but just should give non-voting staff support. He
further felt possibly we could have a representative of the
Citrus League and the Drainage District.
69
r
�r
t
r
Mrs. Susie Wilson believed the Corps would set a June date
for the general design, and when it comes out, it will go to all
the agencies and hopefully the county will receive a copy. She
thought through this committee the general design can be studied
and suggestions made to the Commission re possible changes and
any avenues for this.
Chairman Lyons suggested we go ahead and appoint the members
recommended by Commissioner Bowman and add to the committee as
needed.
Commissioner Scurlock stated that he would prefer establish -
Ing a structure in terms of representation from specific areas
and then get recommendations from the Commissioners next meeting
re appointments.
The Board agreed.
There being no further business, on Motion duly made,
seconded and carried, the Board adjourned at 12:07 o'clock P.M.
ATTEST:
Clerk
70
MAY 15 195 BOOK pA;E�!�