HomeMy WebLinkAbout2017-004ORDINANCE 2017- 004
AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, CONCERNING
AMENDMENTS TO ITS LAND DEVELOPMENT REGULATIONS (LDRs); PROVIDING
FOR AMENDMENT TO CHAPTER 913, SUBDIVISIONS AND PLATS; BY AMENDING
SECTION 913.06(1) UNLAWFUL ACTIVITY AND 913.06(2) EXEMPTIONS; 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 913, SUBDIVISIONS AND PLATS, BE AMENDED AS
FOLLOWS:
SECTION #1:
Amend LDR Section 913.06(1) Unlawful activity; as follows:
(1) Unlawful activity. It shall be unlawful and subject to the penalties provided herein for any
person to:
(A) Create a subdivision without first complying with the provisions of this chapter and filing
a plat approved by the board of county commissioners unless exempt under section
913.06(2). The dividing of land into two (2) or more parcels without filing a plat under
the provisions of this chapter, where the land divided was the result of a previous division
of land into two (2) or more parcels which occurred after July 23, 1983, is prohibited.
(B) Divide property by any means for the purpose of sale or transfer of title unless each of
the resulting parcels has at least the minimum area and width requirements prescribed by
the zoning regulations and land use plan of Indian River County as applied to the lots
created, unless exempt under sections 913.06(2) or 913.09(6).
(C) Divide property after December 8, 1973 by any means where a resulting lot does not have
frontage on: a dedicated public right-of-way, private platted right-of-way (street), or a
roadway historically and currently maintained by the county, as referenced on the county
road grading map, of at least:
1. Sixty (60) continuous feet, unless exempted under section 913.06(2), or unless the
lot fronts upon a cul-de-sac or curve and meets the requirements of section
913.09(6)(C), for properties located within the A-1, A-2, A-3, Con -2, Con -3, RFD
and RS -1 zoning districts;
2. The minimum lot width of the zoning district applicable to the lot(s) created for
properties located within zoning districts other than those referenced in the above
paragraph I., unless exempted under section 913.06(2), or unless the lot fronts upon
a cul-de-sac or curve and meets the requirements of section 913.09(6)(c).
Access, ingress/egress, or other easements shall not be deemed to constitute a
publicly dedicated road right-of-way unless previously dedicated to and accepted by
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the county. Private access easements shall be considered "private platted rights-of-
way (street)" for purposes of this section, if:
a. The physical roadway located within the easements(s) existed prior to the
county's road frontage requirement (December 8, 1973). The alignment of the
physical roadway may be shifted from its 1973 location if the roadway remains
in the same general location and retains its 1973 beginning and ending points;
and
b. The physical roadway has a passable width for two-way traffic meeting county
local road standards (twenty (20) feet for single-family development); and
c. A notarized letter, acceptable to the county attorney's office in regard to form
and legal sufficiency, from the person or entity responsible for road maintenance
is filed with the county and recorded in the public records, indicating the person
or entity responsible for maintenance and the method of maintenance performed;
and
d. The person(s) proposing the lot split files for and obtains administrative approval
from staff, verifying that requirements are satisfied regarding private road right-
of-way frontage.
Note: Parcels created between September 21, 1990 and December 4, 1991 are subject to
the sixty (60) contiguous feet (rather than a minimum lot width) frontage requirement,
regardless of the zoning district in which the property is located.
(D) Commence the construction of any improvements required under this chapter without
first having obtained a land development permit from Indian River County or fail to
construct or maintain improvements in accordance with an approved land development
permit, plat approval or requirements of this chapter.
(E) Create a public or private right-of-way (street) without platting in accordance with the
applicable provisions of this chapter.
(F) Divide any lot or tract in a platted residential subdivision that was approved by the board
of county commissioners of Indian River County in a manner which results in a
construction -site smaller than or inconsistent with the surrounding lots in the subdivision
unless approved by the board of county commissioners.
Any request to divide a lot or tract in such a manner shall be reviewed and considered
as follows:
a. The technical review committee (TRC) shall review the request and make a
recommendation to the planning and zoning commission;
b. The planning and zoning commission at a public hearing shall review the request
and make a recommendation to the board of county commissioners;
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c. The board of county commissioners at a public hearing shall review the request
and approve, approve with conditions, or deny the request.
2. Written notice of the public hearings shall be mailed certified to each owner of
property in the subdivision at least fifteen (15) days in advance of the hearing.
3. Prior to approval of a lot split, the board of county commissioners shall determine
that:
a. No substantial negative neighborhood impacts are anticipated as a result of the
split or subsequent similar neighborhood lot splits;
b. The resulting lots conform to the applicable county zoning requirements and
state regulations;
c. The resulting lots are buildable under current regulations;
d. No substantial adverse impacts on existing infrastructure are anticipated, as the
result of the split or subsequent similar neighborhood lot splits, via the resulting
increase in density or intensity of use;
e. The impacts of the split or potential splits will not degrade adopted levels of
service to unacceptable levels, pursuant to the provisions of Chapter 910,
Concurrency Management;
f. The applicant certifies that he knows of no recorded deed restrictions or
covenants which would prohibit the division or splitting of the lots.
SECTION #2:
Amend LDR Section 913.06(2) Exemptions; as follows:
(2) Exemptions. The following activities shall be exempt from the provisions of this chapter:
(A) Creation of equal or larger building sites from lots of record.
1. The combination or recombination of all or a portion of previously created parcels of
record where the newly created or residual parcels comply with all applicable zoning
district dimensional criteria or, where applicable, the regulations governing
nonconformities.
2. The combination or recombination of all or a portion of previously platted parcels of
record are exempt where none of the newly created or residual parcels contain less
area, width or depth than the smallest of the original parcels of record being combined
and no streets of any kind or public easements are created, changed or extinguished.
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(B) Boundary settlements. Any conveyance between adjoining landowners if:
The purpose of the conveyance is to adjust or settle the common boundary line
between adjoining landowners;
2. The deed of conveyance or other legal instrument states such purpose and is recorded
in the official records of Indian River County; and
3. The resulting parcel(s) conform to the applicable zoning district dimensional criteria.
(C) Conveyance to government. Any division of land for the purpose of conveying land to
any federal, state or local government entity or agency or public utility, provided such
conveyance is accepted by the grantee by an instrument recorded in the public records of
Indian River County.
(D) Division by order of court. Any division of land by order of a court of competent
jurisdiction.
(E) Corrective instrument. Any conveyance for the purpose of correcting an error made in
the language used in an original conveyance.
(F) Forty -acre tracts. Any division of land where all parcels resulting from the division
contain forty (40) acres of land or more and no public easements or streets are created.
When the tract prior to dividing is a size which is not an even multiple of forty (40) acres,
a fractional breakdown resulting in lots of equal size which are larger than thirty-eight
(38) acres also qualifies for the exemption.
Notwithstanding this exemption for the creation of parcels forty (40) acres or greater in
size, any proposal or aggregate proposals to create fifty (50) or more parcels forty (40)
acres or greater in size shall be deemed to constitute a subdivision and shall require
approval as a subdivision. All provisions of this chapter shall apply.
(G) Platting of a portion of a tract. Platting of a portion of a parcel or tract under the terms
and procedures of this chapter, shall not constitute a splitting of that parcel or tract.
(H) Lot split for commercial property.
1. Any division of a previously platted commercially zoned lot or tract where each
resulting parcel meets applicable land development regulation requirements for
lot size, lot dimensions, and paved road frontage, and is served by adequate
infrastructure, as demonstrated through an administrative approval site plan
filed in accordance with site plan ordinance section 914.060)(c) and approved
by the Community Development Director or his designee. Prior to receiving
administrative approval, the applicant shall demonstrate that each resulting
parcel meets subdivision covenants and restrictions, as applicable.
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2. Any division of an unplatted commercially zoned property where each resulting
parcel exceeds one acre in size, meets applicable land development regulation
requirements for lot size, lot dimensions, and paved road frontage, and is either
served by existing adequate infrastructure (including shared access with
adiacent properties) or is subiect to a recorded covenant adequately providing
for shared infrastructure and shared access at the time of development, as
demonstrated through an administrative approval site plan filed in accordance
with site plan ordinance section 914.06(1)(c) and approved by the Community
Development Director or his designee. The County shall review and be made a
party to any covenant used to meet this regulation to ensure that the covenant
is not terminated or modified without County consent. Such covenant shall
include as an exhibit a legal description and survey sketch provided by the
applicant.
SECTION #4: 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 #5: 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 #6: 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 #7: EFFECTIVE DATE
This Ordinance shall take effect upon filing with the Department of State.
This ordinance was advertised in the Press -Journal on the 17th day of April , 2017, for a public
hearing to be held on the 2nd day of May , 2017, at which time it was moved for adoption
by Commissioner O' Bryan , seconded by Commissioner Flesrher , and adopted by
the following vote:
Chairman Joseph E. Flescher AYE
Vice Chairman Peter D. O'Bryan AYE
Commissioner Bob Solari AYE
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Commissioner Tim Zorc AYE
Commissioner Susan Adams AYE
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY
The Chairman there upon declared the ordinance duly passed and adopted this 2nd day of
May 2016.
....... osE. Fle—
rp� scher, Chairman
TES'lls. Jeffrey R. Smith, Clerk of Court and Comptroller
Deputy Clerk
This ordinance was filed with the Department of State on the following date: 26317
APPROVED AS TO FORM AND LEGAL SUFFICIENCY
Dylan Reingol(f, County Attorney
APPROVED AS TO PLANNING MATTERS
Stan Boling, 71Community Development Director
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