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HomeMy WebLinkAbout2016-010ORDINANCE 2016- 010 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, CONCERNING AN AMENDMENT TO ITS LAND DEVELOPMENT REGULATIONS (LDRS); PROVIDING FOR AN AMENDMENT TO CHAPTER 971, REGULATIONS FOR SPECIFIC LAND USES; BY AMENDING SECTION 971.41, RESIDENTIAL UNITS SUB SECTION (12) LIMITED RECREATIONAL VEHICLE SPACES IN SMALL-SCALE MOBILE HOME RENTAL PARKS AND PARKS ADJACENT TO I-95; AND BY PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; CODIFICATION; SEVERABILITY; AND EFFECTIVE DATE. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT THE INDIAN RIVER COUNTY LAND DEVELOPMENT REGULATIONS (LDRS) CHAPTER 971, ZONING, BE AMENDED AS FOLLOWS: SECTION #1: Amend LDR Section 971.41(12) Limited recreational vehicle spaces in small-scale mobile home rental parks and parks adjacent to I-95, as follows: (12)Limited recreational vehicle spaces in small-scale mobile home rental parks and parks adjacent to I-95 (administrative permit: no planning and zoning commission approval required if associated with a site plan reviewed as an administrative approval or minor site plan): (a) Districts requiring administrative permit approval: RMH-6, RMH-8, CL, CG, CH, IL. (b) Additional information requirements: 1. A site plan meeting the requirements of Chapter 914 and depicting the location of existing and proposed mobile home spaces and recreational vehicle spaces. 2. A calculation showing the total number of legally established mobile home units and recreational vehicle spaces. 3. Written authorization from the mobile home park owner. (c) Criteria for limited recreational vehicles: 1. The site shall have an MHRP (Mobile Home Rental Park) or C/I (Commercial Industrial) land use designation. a. Legal non -conforming mobile home parks of record in existence on September 1, 2011, shall be eligible for recreational vehicle spaces, subject to these regulations. Other non -conforming mobile home parks shall not be eligible for recreational vehicle spaces. 2. The site shall consist of a mobile home park parcel that was legally established prior to January 1, 2010, and that does not exceed twenty (20) acres in size or is located adjacent to Interstate 95 and west of 9011 Avenue. 3. For purposes of calculating density, each recreational vehicle space shall be treated as a mobile home unit. 4. The total number of recreational vehicle spaces shall not exceed twenty-five (25) percent of the total number of approved residential units or spaces within the mobile home park or mobile home park parcel that is the subject of the application/request. Bold Underline: Additions to Ordinance 1 through:etDeleted Text from Existing Ordinance F \Community Development\CurDev\Ordinances\2016 Ordinances\2016- 971 41(12)limitedrecvehicles Final for 092016BCC.docxF^�^ ffiH;ity ORDINANCE 2016- 01 n 5. The applicant shall demonstrate compliance with Department of Health and Department of Utility Services requirements for providing potable water and sanitary sewer service for the recreational vehicles. 6. Recreational vehicles shall be located so as to meet setbacks applicable to mobile homes within the mobile home park. 7. Recreational vehicle spaces shall be rented or leased for periods not less than thirty (30) days. SECTION #3: SEVERABILITY If any clause, section or provision of this Ordinance shall be declared by a court of competent jurisdiction to be unconstitutional or invalid for any cause or reason, the same shall be eliminated from this Ordinance and the remaining portion of this Ordinance shall be in full force and effect and be as valid as if such invalid portion thereof had not been incorporated therein. SECTION #4: REPEAL OF CONFLICTING ORDINANCES The provisions of any other Indian River County ordinance that are inconsistent or in conflict with the provisions of this Ordinance are repealed to the extent of such inconsistency or conflict. SECTION #5: INCLUSION IN THE CODE OF LAWS AND ORDINANCES The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Indian River County, Florida. The sections of the Ordinance may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section", "article", or any other appropriate word. SECTION #6: EFFECTIVE DATE This Ordinance shall take effect upon filing with the Department of State. This ordinance was advertised in the Press -Journal on the 9 fih day o�epte'��K for a public hearing to be held on the 20th day ofSeptember, 2016, at which time it was moved for adoption by Commissioner Davis , seconded by Commissioner zorc , and adopted by the following vote: Chairman Bob Solari AYE Vice Chairman Joseph E. Flescher NAY Commissioner Wesley David AYE Commissioner Tim Zorc AYE Commissioner Peter D. O'Bryan AYE Bold Underline: Additions to Ordinance 2 Strike th rou=& Deleted Text from Existing Ordinance F \Community Development\CurDev\Ordinances\2016 Ordinances\2016- 971 41(12)limitedrecvehicles Final for 092016BCC.docxF:`C�e....n..,m���it^T ORDINANCE 2016- 010 BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY The Chairman there upon declared the ordinance duly passed and adopted this 20th day of �P tamhez , 2016• Q � Bob Solari, Chairman .•�y oontiM�ss�o ATTEST s 2 •`��� BY Jeffrey R. Smith, Clerk of Court and Comptroller Deputy Clerk This ordinance was filed with the Department of State on the following date. I 0� APPROVED AS TO FORM AND LEGAL SUFFICIENCY oz�- ff Dylan Reingold, County Attorney G• APPROVED AS TO PLANNING MATTERS .�r Stan Boling, AV ; Community Development Director Bold Underline: Additions to Ordinance j Strike through: Deleted Text from Existing Ordinance P\Community Development\CurDevAOrdinances\2016 Ordinances\2016- 97I 41(12)limitedrecvehicles Final for 092016BCC.docx°.��., =^�