HomeMy WebLinkAbout1985-45INDIAN 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Section 2 entitled "Definitions" is hereby repealed and a new Section 2 entitled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:
I. 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 singular 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 "Tot" includes the words '"pTot", "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
montes
ABUTTING. See adjoining.
ACCESS POINT OF. A driveway or other opening for vehicles onto a
puglic street.
ACCESSORY USE OR STRUCTURE. A use or structure which (a) is clearly
incidental to, customari y 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
Be
TABLE OF CONTENTS
LANGUAGE AND DEFINITIONS
Page
SECTION1.............................................................. I
2.0 LANGUAGE AND DEFINITIONS ..................................... 1
2.0 A. RULES FOR INTERPRETING LANGUAGE ......................... 1
2.0 B. DEFINITION OF TERMS ..................................... I
SECTION 2
INCORPORATION IN CODE ............................................. 15
SECTION 3
SEVERABILITY...................................................... 15
SECTION 4
EFFECTIVE DATE .................................................... 15
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
a Juoting (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 (Z4) 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 appea s, 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 engines). 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
aun' nc Tn__9_7aci1ities, 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 lubricants, 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
t elision 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
otherlands caping that is used to separate one use from another to
shield or block noise, light or other nuisances.
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BUILDABLE AREA. The area of a lot remaining after the minimum yard,
dedicate lands, wetlands, and open space requirements of the zoning
ordinance have been met.
BUILDING. Any structure designed or built for the support, enclosure,
shelter r protection of persons, animals, chattels or property of any
kind.
BUILDING HEIGHT OF. The vertical distance to the highest point of
the roof for fat 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
Tot 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 chi - d 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. Any premises used as a place of worship,
including but not imited to, Chapels, Temples, Synagogues, but not
including group homes. A parsonage or custodial residence and reli-
gious education facilities shall be considered accessory to a church
or other place of worship.
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 out oor 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
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provisioning of vessels and for the drying, maintenance and storage of
equipment.
COMMERCIAL VEHICLE. Any motor vehicle which: I) is designed or used
principally for usiness, 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 MiATERIAL 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 clubs 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..
DEV_ELOPMIEiiT (PROJECT). 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
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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 ynprovement 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 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 availab ts services to patrons situated in automobiles.
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DRIVEWAY. A private roadway providing access for vehicles to a
parking garage, dwelling or other structure.
DUPLEX TWO FAMILY DWELLING). A residential building containing only
two 2 dwelling units.
DWELLING ATTACHED. A one -family dwellifig attached to two or more one
family dwellings by comme)n 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-
sive y 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 (I) or more rooms in a residential building or
residentialortion of a building which are arranged, designed, used,
or intended for use as a complete, independent living facility for no
more than one (I) 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-
e�g 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.
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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
ri'ght-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
buil Ing used or 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 (2I) or more residents.
HELIPAD. An area designed to accommodate touch -down and lift-off of
oneeeelicopter 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
et�licopters 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 O).
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 (§395.0{12(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 agriculturalTy 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.
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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
uildings, including a residence or residentia 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 G 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.
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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
for 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
w ichR 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.).
OPENSFACE, 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