HomeMy WebLinkAbout9/29/1992BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
AGENDA
SPECIAL MEETING
TUESDAY, SEPTEMBER 29, 1992
5:01 P.M. - COUNTY COMMISSION CHAMBER
COUNTY ADMINISTRATION BUILDING
1840 25TH STREET .
VERO BEACH, FLORIDA
COUNTY COMMISSIONERS
Carolyn K. Eggert, Chairman
Margaret C. Bowman, Vice Chairman
Richard N. Bird
Don C. Scurlock, Jr.
John W. Tippin
James E. Chandler, County Administrator
Charles
P.
Vitunac,
County
Attorney
Jeffrey
K.
Barton,
Clerk to
the Board
5:01_ REQUEST TO ADOPT PROPOSED LDR AMENDMENTS
( memorandum dated September 24, 1992 ) }
ANYONE WHO MAY WISH TO APPEAL ANY DECISION WHICH MAY BE MADE
AT THIS MEETING WILL NEED TO ENSURE THAT A VERBATIM RECORD OF
THE PROCEEDINGS IS MADE WHICH INCLUDES THE TESTIMONY AND
EVIDENCE UPON WHICH THE APPEAL WILL BE BASED.
ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING MAY
CONTACT THE COUNTY'S AMERICANS WITH DISABILITIES ACT (ADA)
COORDINATOR AT 567-8000 X408 AT LEAST 48 HOURS IN ADVANCE OF
MEETING.
S E
BOOK 87 FAG€ '717
�J
SPECIAL MEETING
Minutes are umwymed Minutes of
Special Meeting of September 29, 1992.
After approval by the BCC they
will become the official record.
Tuesday, September 29, 1992
The Board of County Commissioners of Indian River County,
Florida, met in Special Session at the County Commission Chambers,
1840 25th Street, Vero Beach, Florida, on Tuesday, September 29,
1992, at 5:01 o'clock P. M. Present were Margaret C. Bowman, Vice
Chairman; Richard N. Bird; and John W. Tippin. Absent were
Chairman Carolyn K. Eggert who was in the hospital, and Don C.
Scurlock, Jr., who was ill. Also present were James E. Chandler,
County Administrator; Charles P. Vitunac, County Attorney; and
Patricia Held, Deputy Clerk.
The Vice Chairman called the meeting to order.
FIRST BEARING: PROPOSED LAND DEVELOPMENT REGULATIONS (LDR)
AMENDMENTS
The hour of 5:01 o'clock P. M. having passed, the County
Attorney announced that this public hearing has been properly
advertised as follows:
i P.O. Box 1268 Vero Beach, Florida 32961 562-2315
COUNTY OF INDIAN RIVER.11'�'S �tJ/Qut,��11
STATE OF FLORIDA
Before
undersigned
ths santeScumann, Jr.. who on oath sayshate Buines Mager of theVero Beach Press -Journal, a newspaper published at Vero Beach in
Indian River County, Florida; that
i
billed t
was published in said newspaper in the Issue(s) <
r
i
Sworn to and subscribed before me this
a day
A.D �oZ
Business anager
BOOK 87 PAGE 718
SEP 2 9 1997
SEP 2 9 1992
BOOK 87 PACE 719
NOTICE OF ESTABLISHMENT OR CHANGE OF
A LAND DEVELOPMENT REGULATIONS)
AFFECTING THE USE OF'LAND.
• CHANGE IN
ORIGINALLY ADVERTISED HEARING DATES
The Indian River County Board of County Commissioners proposes to
adopt or change a regulation(s) affecting the use of land for the area shown
in the map in this advertisement.
At the advertised,original public hearing of September 3, 1992, the
Board of County Commissioners voted to delay the two public hearings on
theproposed regulation(s) affecting the use of land. The public hearings will
be held, one on Thursday, September 17, 1992 at 5:01 p.m. and one on
Tuesday, September 29, 1992 at 5:01 p.m. in the County Commission Cham-
bers in the County Administration Building located at 1840 25th Street, Vero
Beach, Florida.
Proposed changes to the Land Development Regulations (LDRs) effective in
the unincorporated area of the county include changes to the following LDR
chapters:
• Chapter 901, Definitions
• Chapter 902, Administrative Mechanisms
• Chapter 910, Concurrency Management System
• Chapter 911, Zoning
• Chapter 912, Single -Family Development
• Chapter 913, Subdivisions and Plats
• Chapter 914, Site Plan .Review and Approval Procedures
• Chapter 918, Sanitary Sewer and Potable WGter Regulations
• Chapter 925, Open Burning/Air Curtain Incinerator Regulations
• Chapter 926, Landscape and Buffer Regulations
• Chapter 927, Tree Protection and Land Clearing
• Chapter 930, Stormwater Management andFloodplain Protection
• Chapter 052, Traffic
• Chapter 953, Fairshare Roadway Improvements
• Chapter 954, Off -Street Parking
• Chapter 956, Sign Regulations
• Chapter 971, Regulations for Specific Land Use Criteria
• Chapter 972, Temporary Uses
A copy of the proposed ordinance will be available at the Planning Divi-
sion Office on the second floor of the County Administration Building begin-
ning September 11, 1992.
Anyone who may wish to appeal any decision which may be made at this
meeting .will need to ensure that a verbatim record of the proceedings is
made, which includes the testimony and evidence upon which the appeal is
based.
INDIAN RIVER COUNTY
BOARD OF COUNTY COMMISSIONERS
BY -s- CAROLYN K. EGGERT, CHAIRMAN
Planning Director Stan Boling made the following presentation:
2
M M
TO: James E. Chandler
County Administrator
DIV ION HEAD CONCURRENCE:
0- ge" r5T M. K 46't'fn g'J AI
Community Development irector
FROM: Stan Boling ICP
Planning Director
DATE: September 24, 1992
SUBJECT: Request to Adopt Proposed LDR Amendments
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at its special
meeting of September 29, 1992.
BACKGROUND:
At its special hearing of September -17, 1992, the Board of County
Commissioners reviewed and considered an ordinance proposing
changes to 36 sections and subsections of the existing land
development regulations (LDRs). At the meeting, the Board directed
staff to make changes to certain ordinance sections and indicated
that it intended to adopt the revised ordinance at the September
29, 1992 scheduled meeting.
Staff has made revisions to the proposed ordinance based upon
direction given by the Board at the September 17th meeting. The
Board is now to take final action on the proposed ordinance.
ANALYSIS:
The proposed ordinance has been revised from the September 17th
meeting "edition" of the ordinance. In addition to some
_typographical corrections and non -substantive word changes,
specific revisions have been made in the following areas:
1. SECTION 6 (pp. 2,3): The newest concurrency proposal
recommended by the PSAC and staff has been incorporated in the
ordinance. This newest provision would allow project
applicants to put -off obtaining a concurrency certificate(s)
until the time of building permit issuance. In situations
where a project applicant chooses to Put- -off concurrency, the
applicant will be required 'to place a notice in the public
records to alert future buyers and lot owners that concurrency
must be obtained prior to building permit issuance. This
notice requirement has been added to the ordinance proposal
based upon discussion at the September 17th meeting and
subsequent coordination with the County Attorney's Office.
2. SECTION 9 (p. 4): Staff has narrowed -down a previously
proposed requirement for an opaque buffer along I-95. As now
revised, the requirement would apply only to outdoor
(unenclosed) storage areas along I-95. The revised language
would require a Type C buffer, provided or preserved, to
screen any outdoor storage areas that would otherwise be
exposed to I-95.
SEP 2�, a FA.LE 72'0
����
SEP 29 19192
Boa 87 E 721
3. SECTION 20 (p. 19): Staff has coordinated with the County
Attorney's Office and has added language to clarify subsection
-
925-04(6), pursuant to comments made by the County Attorney at
.the September 17th meeting.
Also, county staff has coordinated with the Division of
Forestry staff and has added language to subsection 925.07(1)
to allow a "variance" from what would be the normally required
500' setback between a habitable structure and an air curtain
incinerator. Such a variance would be allowed if the occupant
of such a structure does not object to the incinerator
operation. This variance option would be handled by staff and
would apply only to "temporary" (less than 6 months during a
given year) incinerator operations.
4. SECTION 30 (p.28): Staff has added wording to address
concerns raised at the September 17th meeting regarding a
proposed restriction on signs attached to vehicles.
5. SECTION 36 (p. 35): Staff has added a word to ensure that
transient merchant seafood sales are satellite operations of
legal, existing, retailseafood establishments located in
Indian River County.
These changes have been made pursuant to the Board's direction
given at the September 17th meeting.
RECOMMENDATION:
Staff recommends that the Board of County Commissioners adopt the
Proposed ordinance to amend the county's land development
regulations (LDRs).
For the benefit of interested parties in the audience who want
to take advantage of the new requirements, Mr. Boling announced
that this ordinance will become effective when we receive notice
from the Department of State -in approximately one to two weeks.
He further advised that applicants who have a project in the
process right now can take advantage of those requirements as soon
as they come into effect.
Vice Chairman Bowman asked for clarification of type C buffer
as referenced in Section 9.
Mr. Boling explained that it varies but that the end result is
a canopy tree approximately every 35 feet and 2 understory trees in
every 100 -foot stretch. It also calls for a 3- to 6 -foot opaque
screen between the understory trees. That opaque screen may be a
fence or plant materials.
Referencing the burning operations, Commissioner Bird led
discussion regarding the words "habitable structure." He suggested
"inhabited structure" might be more appropriate because our concern
is that the smoke would be objectionable to an occupant of that
structure.
Director Boling explained that there may be situations where
a structure is not occupied for the first week or two of that
burning operation.
4
- M
M M M
Environmental Planning Chief Roland DeBlois clarified that the
language used by the state is "occupied building," and the proposed
language is comparable with the states language, which does refer
to "occupied" versus "vacated."
Vice Chairman Bowman commented that we do have seasonal
occupancy.
Commissioner Tippin 'cited the example of rural areas where
buildings that were constructed for labor housing are habitable but
are unoccupied for 2 or 3 years at a time.
Mr. Boling suggested that in every instance in the ordinance
where we have the word "occupiable," we would change it to
"occupied," and that would make it consistent with the state
language.
The Board indicated agreement.
The Chairman opened the public hearing and asked if anyone
wished to be heard in this matter.
Nancy Offutt, Office of Government Affairs Coordinator for the
Indian River -Vero Beach Board of Realtors, reaffirmed her comments
from the last meeting regarding exemptions to the single family
lots or lots smaller than one acre on tree removal and land
clearing. She urged the Board to enforce the Endangered Species
Act only to the extent that the law mandates. She would like to
see some way that the County would officially notify in the public
records lots that are affected by this ordinance.
Commissioner Bird led discussion regarding Section 15.
Environmental Planning Chief Roland DeBlois explained that
only property which has been pre -identified by County staff in
coordination with the U.S. Fish and Wildlife agencies as having
habitat for endangered species would be involved in this change.
Where previously it might have been exempt, now they must get a
land clearing permit before development. This is not to say the
permit will not be issued, but it will afford a review mechanism to
coordinate and maximize protection.
Commissioner Bowman explained that a 1/4 -acre lot is not
sufficient scrub jay habitat. We would need a big mosaic of little
lots in order to make it work.
Mr. DeBlois agreed, but explained that we would work with
owners of small lots to reduce clearing and to preserve more of the
natural landscape.
Jane Tutton, representative of the U.S. Fish and Wildlife
Services, stated that the federal agencies would work with owners
of small lots to retain about 20 percent of native scrub
5
Boa 8 ?AtE 722
SEP 1992
I SSP 2 9 199?
BOOK 87 FACE 723
vegetation, but the main objective is to work toward a Habitat
Conservation Plan with the land acquisition program. That will
contribute substantially to alleviate some of the regulatory
concerns on private land.
Commissioner Bird was concerned about putting the County in
the position of middle man between the property owner and the
federal agencies. He did not want to be put in the position where
we must tell a property owner that in order to get a County permit
they must satisfy whatever requirements the Fish and Wildlife
Service may impose.
Mr. Deblois explained that we do not issue land clearing
permits, but there may be a question of County liability in issuing
a building permit on these cleared properties.
Commissioner Tippin felt that writing a letter to each
property owner would do more to save scrub jays.
Vice Chairman Bowman stated that the only way to save scrub
jays is to buy at least 80 to 100 acres of solid scrub and in -that
way we would save all the other animals that are indigenous to *that
habitat as well.
Mr. DeBlois stated that we are focussing on scrub jays because
they are the headline species right now, but this ordinance is
directed to endangered species that may occur in future years that
have not been surveyed yet, and this is a mechanism for review
coordination.
Nancy Offutt responded that Mr. DeBloisf last remark is
exactly the point her organization is trying to make. Today we are
talking about scrub jays, then it will be eagles and who knows what
it is going to be next week. She pointed out that this ordinance
refers to the publication of a list from U.S. Fish and Wildlife
Services. She asked at what point do you stop harassing the
individual property owners? At what point do you say, "Okay, this
is your land, use it's? She urged the Board to use the $26 million
bond fund to conserve habitat and not pit man against fuzzy things.
Commissioner Tippin thought that public education would do
more for endangered species.
Vice Chairman Bowman cautioned that we are not really doing
much just by saving the animal. The bottom line is the habitat
must be saved or we will not have the plant or the animal.
Commissioner Bird thought that in unplatted areas where there
is habitat, we should keep moving to try to acquire that property.
Where we have platted single-family lots, and the people have paid
the taxes all these years, it is not necessary for us on the county
level to subject them to additional levels of permitting
requirements. _
6
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Tippin, the Board unanimously (3-0,
Chairman Eggert being absent and Commissioner
Scurlock being ill) deleted paragraph 2 from Section
15 of the proposed ordinance.
Attorney Jim Wilson; representing Reliable Land Clearing,
stated that he had worked with staff on the burning regulations and
was satisfied with the recommended ordinance. He urged the Board
to adopt the ordinance as modified at the last meeting.
It was determined that no one else wished to be heard and the
Chairman closed the public hearing.
ON MOTION by Commissioner Bird, SECONDED by
Commissioner Tippin, the Board unanimously (3-0,
Chairman Eggert being absent and Commissioner
Scurlock being ill) adopted- Ordinance 92-39, as
amended.
ORDINANCE 92- 39
AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA
AMENDING VARIOUS SECTIONS OF CHAPTER 901,
DEFINITIONS; CHAPTER 902, ADMINISTRATIVE
MECHANISMS; CHAPTER 910, CONCURRENCY
MANAGEMENT SYSTEM; CHAPTER 911, ZONING;
CHAPTER 912, SINGLE-FAMILY DEVELOPMENT;
CHAPTER 913, SUBDIVISIONS AND PLATS; CHAPTER
914, SITE PLAN REVIEW AND APPROVAL PROCEDURES;
CHAPTER 918, SANITARY SEWER AND POTABLE WATER
REGULATIONS; CHAPTER 925, OPEN BURNING/AIR
CURTAIN INCINERATOR REGULATIONS; CHAPTER 926,
LANDSCAPE AND BUFFER REGULATIONS; CHAPTER 927,
TREE PROTECTION AND LAND CLEARING; CHAPTER
930, STORMWATER MANAGEMENT AND FLOODPLAIN
PROTECTION; CHAPTER 952, TRAFFIC; CHAPTER 953,
FAIRSHARE ROADWAY IMPROVEMENTS; CHAPTER 954,
OFF-STREET PARKING; CHAPTER 956, SIGN
REGULATIONS, CHAPTER 971, REGULATIONS FOR
SPECIFIC LAND USE CRITERIA; CHAPTER 972,
TEMPORARY USES; AND PROVIDING FOR REPEAL OF
CONFLICTING PROVISIONS CODIFICATION,
SEVERABILITY AND EFFECTIVE DATE.
7
Boos 87 FATE 7
SER 2 9 1 9P11
BOOK 87 FAGS 725
Be it ordained by the Board of County Commissioners of Indian River
County, Florida that:
SECTION 1: The definition of "Accessory single-family dwelling
unit" is hereby added to Section 901.03 of the Definitions Chapter
of the Land Development Regulations to read as follows:
Dwelling unit, accessory single family: a structure or a portion of
a structure, attached or separated from a single family residence,
which serves as an independent dwelling unit and which meets the
standards set -forth in Section 971.41(10).
SECTION 2: The definition of "Private land clearing debris burning
facilities" is hereby added to Section 901.03 of the Definitions
Chapter of the Land Development Regulations to read as follows:
Private land clearing debris burning facility: a private,
stationary facilitv engaged primarily in the burning of land
clearing debris transported to the facility from off-site for
burning disposal purposes. For purposes of this definition,
"stationary_" means in operation on the same parcel (or adjacent
contiguous parcel) for more than six months in any given year.
SECTION 3: The definition of "Land clearing, rural" is hereby
added to Section 901.03 of the Definitions section of the Land
Development Regulations to read as follows:
Land clearinq, rural: a land clearing activity conducted on a
parcel in unincorporated Indian River County west of Interstate 95,
not including parcels within the Urban Service Area ( as depicted on
the County Future Land Use Map). For purposes of this definition,
"rural land clearing" does not include land clearing incidental'to
bona fide_ agricultural or silvicultural operations.
SECTION 4: The definition of "Structure, occupied" is hereby added
to Section 901.03 of the Definitions section of the Land
Development Regulations to read as follows:
Structure, occupied: any building that is regularly occupied by
persons, including, but not limited to single-family residences_
e homes business offices and retail stores.
SECTION 5: Section 902.04(16) of the Administrative Mechanisms
chapter of the land development regulations is hereby established,
to read as follows:
11(16) Notwithstanding any section to the contrary and, as an
alternative to misdemeanor prosecution or other
enforcement procedures, an alleged violator of
�.n�pzer yLI, NAU, VzV, or
Board of County Commis
determine whether or r
development regulations
violator may appear, w
Present evidence and -
violation. ..The burden of
by a preponderance of thi
occurred. If the Bc
determines that a violat.
impose a fine -not to excee
in the various penalty sect
require restoration; if apl
Board shall be final. Thi
this alternative procedure
prosecute the alleged viol
misdemeanor in County Cou:
action."
8
32 . um ii) may reguest that the
finers, at a public meeting,
t a violation of the land
Lias occurred. The alleged
h or without attorney, and
reformation on- the alleged
roof shall be on staff to show
evidence that a violation has
.d of County Commissioners
n has occurred, the Board may
d $500 or an amount set forth
ions of the regulations and/or
)licable. The decision of the
alleged violator may reject
, in which case the County may
ator in the same manner as a
�t or take other enforcement
SECTION 6: Section 910.07(1)(b) of the Concurrency Management
System chapter of the land development regulations is hereby
amended to read as follows:
"(b) Initial- Development Order
These are development orders which constitute project approval
and allow for submission of building permit applications or
commencement of development in relation to land development
permits; however, initial development orders do not authorize
issuance of building permits for construction or changes of
use which require a new CO (Certificate of Occupancy). No
initial development order will be issued unless
• • • one
of the following three items is satisfied:
1. Approval may be granted if the applicant has obtained an
initial concurrency certificate for a prosect or the
portion of a project for which initial development order
approval is sought.
2. Conditional approval may be granted for a site plan
TP—Plication if the applicant has applied for an initial
concurrency certificate, and concurrency reviews indicate
that there is sufficient capacity to accommodate the
project, and the only pending requirement for issuance of
an initial concurrency certificate is the payment of
applicable traffic and utility impact fees. Approval
shall be subject to a condition that all applicable
traffic and utility impact fees associated with the
prosect approval shall be paid within 90 days of site
plan approval or prior to site plan release, whichever
occurs first. Failure to pay the applicable traffic and
utility impact fees by the deadline shall automatically
terminate site plan approval and shall release traffic
and utilities capacity reserved for the project or the
portion of a project for which initial development order
approval is sought.
3. The applicant signs a form, provided by the county, in
which the applicant acknowledges that no building permit
will be issued for all or any portion of the project
unless and until the applicant or the applicant's
successor obtains an initial and final concurrency
certificate for the project or portion of the proiect for
which a building permit is sought. Furthermore, the
applicant shall acknowledge that the county does not
guarantee that adequate capacity will exist at the time
when the applicant or the applicant's successor chooses
to apply for and obtain a concurrency certificate. For
site plan projects, the above referenced acknowledgement
form shall be properly executed and recorded in the
Indian River County public records by the applicant prior
to site plan release. For subdivision projects, the
above referenced acknowledgement shall be signed before
a land development permit or land development permit
waiver is issued, and further incorporated as a general
note on the face of the final plat.
7
SEP 2 9 1992 BOOK 87 PAGE 726
SFP 291992
Bev 87 P,�u 727 -7
Initial development orders include:
®a. Site and Development Plans (including plans for Development of
Regional Impact);
1b. Planned Developments;
c. Land Development Permits or Land Development Permit Waivers;
and
®d. Changes in use that increase density or intensity of
development."
SECTION 7: A portion of the use table found in section 911.06(4)
is amended to read as follows (all other portions of the use table
are to remain -as currently adopted):
District
Uses A-1 A-2 A-3 RFD 16-1
Very Heavy Industrial
Private land S s s - -
clearing debris
burning facIl ties
SECTION 8: A portion of the use table found in section 911.10(4)
is amended to read as follows (all other portions of the use table
are to remain as currently adopted):
Institutional
Individual and family services
Job training services
Child care and adult care_
Homes for aged, including
nursing homes and rest homes
Residential treatment center
Place of worship
District 1
PRO OCR MED- CN CL CG CH
P - P P -
P P P
A A P A P P -
P - S S -
P - S S S
P P P
SECTION 9: Amend section 911.15(5) of the Zoning chapter of the
Land Development Regulations, to read as follows:
"(5) Setback and buffer requirements.
(a) 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 and
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 reconstruction of a
full or partially damaged or destroyed legally
nonconforming structure so long as the rebuilt structure
is consistent with the county's building code.
10
(b) Required setbacks from natural waterbodies. All
residential properties which abut the intracoastal
waterway, Indian River or othernatural water bodies
shall provide for a minimum rear yard setback of fifty
(50 ) feet for unplatted parcels and twenty-five ( 25 ) feet
for existing platted lots, between all structures and the
waterbody. In no case, however, with reference to
existing parcels or lots of record, shall the buffer
exceed twenty (20) percent of the parcel or lot depth
perpendicular to the applicable waterway. Additional
setbacks may apply to properties adjacent to the St.
Sebastian River and Indian River Lagoon Aquatic., Preserve
as set forth in Chapter 929, Upland Habitat Protection.
(c) S.R. 60 front building setback requirement. All
developments adjacent to S.R. 60 right-of-way shall have
a minimum front setback of seventy-five (75) feet from
the S.R. 60 right-of-way. This 75' setback shall not
apply to individual lots of record lawfully created prior
to October 9, 1992 having a depth of 150' or less as
measured from the S.R. 60 road right-of-way.
,(d) Interstate 95 buffer requirement. All developments that
are adiacent to the I-95 right-of-way and that require
ma dr site plan approval shall preserve or provide a Type
C buffer between any outdoor storage area(s) and I-95
where the outdoor storage area(s) is not visually
screened by an intervening building or structure.
SECTION 10: A portion of the use table found in Section 911.06(4)
is amended to read as follows (all other portions of the use table
are to remain as currently adopted):
DISTRICT
Uses A-1 A-2 A-3 RFD RS -1
Residential
Accessory Single Family
Dwelling Unit A A A A A
SECTION 11: A portion of the use table found in Section 911.07(4)
is amended to read as follows (al other portions of the use table
are to remain as currently adopted):
RS2
Uses
Residential
Accessory Single Family
Dwelling Unit A
Small Lot Single -Family Subdivision -
11
SEP 2 9 1992
DISTRICT
RS3 RS6 RT6
A A A
A A
BOOK 87 PAGE
FF,--
GAP ? 0 ml
BOOK 87 FACE 729
SECTION 12: A portion of the use table found in section 911.08(4)
is amended to read as follows (all other portions of the use table
are to remain as currently adopted):
DISTRICT
R143 RM4 RM6 RM8 RM10
Uses
Residential
Accessory Single Family -
Dwelling Unit A A A A A
Small Lot Single -Family - - A A A
Subdivision
SECTION 13: A portion of the use table found in Section 911.11(4)
is amended to read as follows (all other portions of the use table
are to remain as currently adopted):
Uses
Residential
Accessory Single Family
Dwelling Unit
DISTRICT
Con -1 Con -2 Con -3
A A
SECTION 14: A portion of the use table found in Section
911.13(3)(c) is amended to read as follows (all other portions of
the use table are to remain as currently adopted):
Residential Uses ROSE -4
Accessory Single Family
Dwelling Unit A
SECTION 15: Amend 912.07(6)(c), to read as follows:
(c) 1. Parcels over one .acre in size may not be cleared or
protected trees removed from said parcels without a
• land clearing permit and/or tree removal
permit issued by the planning division. A protected tree
is a " tree having a DBH of four (4) inches or more, all
specimen and historic trees, and all significant
groupings of trees of the West Indian or tropical origin
of any size, and all mangroves regardless of size;
excluding, however, the following trees, regardless of
size or location:
Casuarina cunninghmaiana - Australian pine
Casuarina lepidophlia - Australian pine
Enterolobium cyclocarpum - Australian p1ne,Ear-pod
tree
Melia azedarch - Chinaberry
Schinus terebinthifolius - Brazilian pepper tree
Melaleuca guinguenervia - Melaleuca, punk or paper
tree
12
UaDDage palms (sabal Palmetto) and citrus trees of all
varieties shall not be considered to be protected trees,
but such trees shall be included in the tree survey in
the event the applicant chooses to make use of such trees
as a credit against the trees otherwise required under an
applicable landscaping regulation or requirement."
SECTION 16: The required information for preliminary plats found
in Section 913.07(4)(C) of the Subdivisions and Plats Chapter of
the land development regulations is hereby amended to add
subsection 25, reading as follows:
"25. Inf
s
ions
s
71 regulations for
rds" projects or
SECTION 17: The required information for final plats found in
Section 913.07(6)(D) of the Subdivisions and Plats Chapter of the
land development regulations is hereby amended to add subsection
29, reading as follows:
"29. Information
ga1+'}1n7- 11.0111
1
red by applicable
E_
w
71 regulations for
B.
SECTION 18: Section 914.14(4) of Chapter 914, Site Plan Review and
Approval Procedures, shall be amended to read as follows:
(4) Conce tual site plans.L forexception •
vaT
IRVMPMM�W• submittal and informational requirements.
(a) The intent of the conceptualexception,site plan
process is to approve the use, scope, level of intensityl
and scale of the proposed —.110onswo project.
Also, the concept plan may address and allow approval of
specific and detailed,Project-wide, design requirements
(eq. drainage, landscaping parking provisions) that
satisfy applicable development regulations. Such plans
may be approved for the level of detail covered by the
site plan application, as reviewed and approved- by staff.
Approval of the conceptual plan shall vest the project in
relation to county development requlations, at the level
of detail of information and design indicated on the
approved plans. The design of the overall project will
be considered as it relates to ® general site plan
requirements and any applicable specific review criteria
contained in Chapter 971. Conceptual site plan
a lications may be submitted as 'relation to a special;
•• • requests for approval of
Spec 1 exce tion administrative -permit, orpermitted
Uses. If a conceptual site plan
request is approved, a separate and complete, "final"
site plan application shall be submitted, reviewed,
approved, and released (as specified in this Chapter,
914), prior to issuance of a building permit for all or
a portion of the development project.
13
L. -HP 2 9 1992 ma 8`7 fiAfE "J'13
r SEP 2 9 1992
LbI
following are submi
_applications:
f
80014 87 PAGE 731
1. A complete application form with the appropriate
review fee.
2. Two (2) copies of the owners deed and two (2)
copies of a letter of authorization from the owner
if the owner is different from the applicant.
3. Seven (7) plan sets to scale on twenty -four -inch by
thirty -six-inch sheets at a scale of not greater
than one inch equals fifty (50) feet.
4. A written description of the proposed use.
5. Verification that a concurrency certificate has
been applied for, or a determination by staff that
the project does not require a concurrency
certificate, or an acknowledgement that the
wne acxnowteagement shall be in writing on a form
an
6. The plan shall depict the following information:
a. Building envelope locations;
b. Parking areas and circulation patterns;
c. Stormwater management tract locations;
d. Setbacks from all property lines;
e. The location of all driveways;
f. An estimate of average daily trips (for those
uses not required to perform a traffic impact
analysis);
g. Flood zone;
h. Location map;
i. Any required buffering or
conservation/preservation areas;
J. Existing road rights-of-way.
7. Project tabulations by phase and aggregate:
a. Gross area;
b. Number of units/density;
C. Area and percent of site as open space;
d. Area and percent of site as impervious space;
e. Area and percent of site as building coverage;
f. ParkincL requirements;
g• �Floor area per unit type, Approximate building
area by use category;
h. Area and percentage of site as water;
8. Existing site conditions:
a. Waterbodies;
b• Area and location of Jurisdictional
wetlands shown on aerial Photograph or survey;
C. N a t i v e u l a n d v e g e t a t i o n
d.
e.
f.
coverage;
Protected trees or tree groupings;
Topography and drainage features
(including
14
cal or
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archeol
g. Wells, free-flowing or valved;.
h. Buildings, structures, or driveways and their
disposition (to be removed, to remain, to be
altered);
i. Utilities services and facilities, 'including
water, sewer, electric, telephone, cable;
J. Easements.
9.- Vehicular and pedestrian systems circulation plan,
including typical or potential travelway surface
and right-of-way widths, proposed connections to
existing streets and the planned street network in
the vicinity of the project. Existing . . . .
streets and driveways within three hundred (300)
feet of the project area.
10. A traffic impact analysis if required by the
Chapter 952 regulations, in accordance with the
Chapter 952 regulations.
11. Vicinity map, showing the land area within three
quarters (3/4) of a mile of the project area.
12. Proposed stormwater management design and a signed
and sealed letter from a professional engineer
certifying the conceptual stormwater management
plan will be able to meet all applicable stormwater
management and flood protection criteria of Chapter
930 relating to the retention/detention
requirements of the appropriate Land Development
Regulations. Unless requested by the applicant and
approved by the Public Works Director, the
conceptual plan shall in no way be construed as a
final design as required by Chapter 930. The
results of the drainage study required under
Chapter 930 shall govern the retention/detention
areas of the final site plan or plat.
13. When development or alteration of Jurisdictional
wetlands is Proposed, the applicant shall provide
the Environmental Planner with a qualitative
assessment of the existing wetlands and indicate on
the plans if wetlands mitigation is proposed on-
site, off-site, or is to be satisfied by payment of
a fee -in -lieu of direct mitigation.
a. If on-site mitigation is proposed, the
applicant shall indicate if restoration and/or
approximate area ana location of such
restoration and/or creation, the type of
wetlands to be restored or created and
alteration/mitigation area ratios.
b. If off-site mitigation is proposed the
applicant shall indicate the off-site area(s)
to be used for mitigation and the information
i., nsn sti.......
c. If a fee -in -lieu of mitigation is proposed
the applicant shall provide an estimate of th
fee amount, based on the assessed value of th
Project site and the area of wetlands to b
15
�D K'PLC'732
nox 8 7 as 7.33
impacted (reference subsection 928.06(5)).
14 .Additional submittal requirements may be required by
staff at a formal pre -application conference or a
TRC meeting, whichever occurs first, based upon
staff concerns and issues particular to the site,
surrounding area, or proposed use.
The review and approval process for a conceptual plan
application shall be the process appropriate for the use
approval level (special exception, administrative permit,
permitted).
SECTION 19: Amend Chapter 918, Sanitary Sewer and Potable Water
Regulations to read as follows:
Sec. 918.01 Short Title
Sec. 918.02 Purpose and Intent
Sec. 918.03 Definitions
Sec. 918.04 Sanitary Sewer and Potable Water Regulations
Sec. 918.05 Water and Wastewater Connection Requirements for
New Development
Section 918.01 Short Title
This chapter shall be known as the Sanitary Sewer and Potable Water
Regulations Ordinance.
Section 918.02 Purpose and Intent
The purpose of this chapter is to provide for the implementation of
the land development related policies of the Sanitary Sewer and
Potable Water Sub -Elements of the Comprehensive Plan. Other
policies of the Sanitary Sewer and Potable Water Sub -Elements
requiring ordinances for implementation will be included in the
Utilities Ordinance in Title II of the Code of Laws and Ordinances.
In the case of duplication between the provisions of this chapter
and the Utilities Ordinance in the Title II, the provisions of the
Utilities Ordinance will govern.
Section 918.03 Definitions
All terms defined in Chapter 901, definitions, are applicable in
this chapter.
Section 918.04 Sanitary Sewer and Potable Water Regulations
(1) Single family dwelling units and
-• -- • non-resiaential
projects utilizing less than 2,000 gallons of potable water
per day may use private wells where such wells are approved by
regulatory agencies including the County Environmental Health
Department and Utilities Department, in accordance with the
connection regulations set out in'Section 918.05 below.
(2) Single family dwelling units and
non-residential
projects generating less than 2,000 gallons of wastewater per
day may utilize septic tanks for disposal of domestic waste
only, where those septic tanks are approved by the County
Environmental Health and Utilities Departments, and where
consistent with the connection regulations set out in Section
918.05 below.
16
M M M
(3) When effluent re -use is required and permitted by the
Department of Environmental Regulation and the County
Utilities Department, developers of projects having open space
areas utilizing or projected to utilize ten thousand (10,000)
gallons or more water per day on a peak day for irrigation,
including golf courses, parks, medians, and other such areas,
which are located within a county utility department service
area and are within one mile of the nearest effluent line
containing irrigation quality effluent, shall construct
effluent re -use lines on site and effluent re -use lines off
site to- connect to treated waste water to be used for spray
irrigation of the open space areas within the development
project.
Such large volume irrigation users shall be required to take
re -use water for spray irrigation. The effluent re -use lines
constructed for treated wastewater shall be dedicated to
Indian River County.
Developments located more than one mile from the nearest
irrigation quality effluent line and having open space areas
requiring irrigation shall install dry lines if they are
within the county utilities department service area and
irrigation quality effluent water is or will be available for
re -use.
(4) Regional potable water service will be limited to the service
areas shown on Figures 3.B.7, 3.B.8, and 3.B.9 of the Potable
Water Sub -Element of the Indian River County Comprehensive
Plan, and to areas where the county has legal commitments to
provide facilities and services as of February 13, 1990. .
Regional sanitary sewer service will be limited to the service
areas shown on Figures 3.A.8, 3.A.9, and 3.A.10 of the
Sanitary Sewer Sub -Element of the Indian River County
Comprehensive Plan, and to areas where the county has legal
commitments to provide facilities and services as of February
13, 1990.
(5) No existing on-site wastewater treatment systems or water
treatment systems may be replaced or expanded without the
issuance of a permit conditioned upon compliance with the most
updated versions of county construction standards and DER and
HRS regulatory requirements and federal and state water
quality standards for sanitary sewer, and in compliance with
the most updated version of DER, HRS, and SJRWMD regulatory
requirements and federal and state water quality standards as
found in the Federal Water Pollution Control Act of 1972 (P.L.
92-500) and its amendments by the Clean Water Act of 1977
(P.L. 95-217). State drinking water standards are also set in
the Florida Safe Drinking Water Act, F.S. 403.850-403.864.
The Federal Safe Drinking Water Act may be found at P.L. 93-
523. The applicant must also obtain a Utility Construction
Permit and, if applicable, a franchised application from the
Utilities Department.
(6) All new developments within the 2010 urban service areas which
do not have access to existing county potable water systems or
existing county regional sewer systems, which have obtained
county permits to build water treatment plants or sanitary
sewer package treatment plants, must dedicate the plants to
the county for operation and maintenance.
(7) No development requiring connection to a regional system will
be approved if the development's demand exceeds the available
17
87 '734
SEP 2 9 1992 Baox .aE
r-
SEP ? 91992 nx 8 7 f wa 735
capacity for either water or sewer service. Development
orders may be issued for subdivision land development permits
if capacity for water or sewer service is existing or is
designed, under construction and contracted to come on line
prior to the impacts of the permitted subdivision project. No
building permits will be issued for the subdivision until the
capacity for water and sewer service serving the project is on
line.
Section 918.05
ter
for
All new developments in Indian River County must connect to
regional sanitary sewer and potable water facilities, unless the
connection matrix and this chapter provide for an alternate method
Of utility service. The following connection criteria shall apply
to the various developments:
(1) General Provisions
The following general connection provisions will be applied to
all new development:
(a) Distance Determination
Distance determinations for the purpose of this chapter
are made from the nearest point of the project site to
the public facility directly through public easements or
public rights-of-way.
(b) All developments which do not connect to a .regional
system must construct a wet line (in the case of package
treatment plants), pumps and lift stations, or a dry
line, as required by the Utilities Department at the time
of construction.
(c) All applications for septic tanks and package treatment
plants must demonstrate compliance with applicable
federal, state and local requirements. All applicable
federal, state, and local permits must be obtained.
(d) All wet lines and package treatment plants must be
dedicated to the County. This shall not include on-site
aerobic treatment units.
(e) All provisions of Section 918.05 will apply to potable
water wells and on-site public water plants as well as
septic tanks and package treatment plants.
(f) The final determination for the type of commercial,
institutional, and industrial establishments which can
obtain permits for treatment plants or septic tanks will
be made by the Utilities Department Director and
Community Development Department Director and
Environmental Health Director.
(g) The Utilities Department shall update the existing
wastewater service area and potable water service area
boundaries annually.
(h) Existing developments within the 2010 Urban Service Area
which do not have access to the existing county system
and have a DER Permit for a treatment system, may expand
if the DER and County Utilities Department issue permits
for expansion, and if the developer or property owners
18
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_ ® M
association signs an agreement to connect to the regional
system when it is available.
(i) The Utilities Department, Environmental Health
Department, and the Community Development Department will
enforce connection requirements to the regional system
for both residential and non-residential developments.
(j) The Utilities Department, Environmental Health
Department, and Community Development Department will
enforce connection requirements for single family units
to the regional system. Permits for single family units
not connecting to a regional system shall indicate that
they must connect to the county system when it is
available within 200 feet of the property line.
(k) The appropriate type and size of package treatment plants
will be determined by the Utilities Department and/or the
Environmental -Health Department.
(1) Any development must meet the above general provisions,
Florida Administrative Code 10-D-6 requirements, and
County Environmental Health Requirements to qualify for
any of the specific exceptions listed below.
(2) Connection Criteria for Single Family Residential Dwelling
Units
No building permit for a new single-family residential unit
within two hundred (200) feet of the regional system shall be
issued unless the unit connects to the regional system.
(a) Single family residential dwelling units located more
than two hundred (200) feet from a collection line of the
Indian River County sanitary sewer system may utilize an
on-site septic system if any of the following conditions
are met.
1. The single-family residential unit is in an area
having a density of two (2) units per acre or less.
2. The single-family residential unit will utilize
public water and is in an area with a density of
four units per acre or less.
3. Undersized lots in existing subdivisions not
meeting the requirements of subsections 1 and 2
above may utilize an on-site septic system if the
single- family unit satisfies the requirements of
the Public Health Unit, Division of Environmental
Health.
4. The single-family residential unit is in the
agricultural (1 unit/5 acres, 1 unit/10 acres, and
1 unit/20 acres) or rural (1 unit/acre) area of the
county, as designated by the land use map of the
comprehensive plan.
(3) Connection Criteria for
(subdivision, multi -family, s
Res
ects
No newpreliminary plat • • residential roiect
within 1/4 mile of the regional system shall be approved
unless• the Proiect connects to the regional
system. • the
projects located outside of
i
BOOK 87 Face 737
I mile of the.system meeting the criteria of subsections (a)
or (b) below may be approved without connection to the
regional system.
(a) The following . 1 . residential projects located
within the Urban Service Area and outside of 1/4 mile of
the system can utilize septic tanks and private wells:
1• •• • Residential Projects with less than
twenty five (25) 11 lots/units, with a
density of less than 2 units/acre or less than 4
units per acre if public water isprovided.
Notwithstanding this provision, no . !. .
residential projects shall be approved without
connecting to a regional system if the proposed
subdivision is located within the 2010 Urban
Service Area, if the tract proposed for subdivision
was part of a tract which existed ® on February
13, 19901. and the total number of lots/units
existing on that parent tract would exceed twenty
five 125 with the approval of the subject
• I residential vroiect.
(b) The following • residential projects located
within the Urban Service Area and outside of 1/4 mile
from the system can utilize package treatment plants
dedicated to the county:
1. • Residential projects with •
twenty five (25) or more lots/units.
2. • Residential projects with less than
twenty five (25)• lots/units with a lot
size of less than 1/2 acre.
20
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Establishments
system
Commercial and Institutional
ithin 1/4 mile of the regional
commercial and institutional establishments
Commercial and institutional establishment - with
five thousand (5000) square feet or less ofIgross
floor area generatingonly -
ommercial and institutional establishments
Commercial and institutional establishments with
five thousand (5000) square feet or less of gross
floor area aeneratina
Commercial and institutional,:establishment with
!Ziore than five thousand ( 5000 ) square feet of gross
floor area generati.naW ire rT in a F-71
(6) Connection Criteria for Industrial Establishments
No new site plan for an industrial establishment shall be
approved unless the establishment connects to the regional
system, or as is otherwise provided below.
(a) The following industrial establishments within the 2010
MUrban Service Area and outside of 1/4 mile of system can
utilize septic tanks.
1. Industria]_ establishments with five thousand (5000)
Msquare feet or less of gross floor area generating
only domestic waste as determined by'' the
E.n-vironmental Health Department Director.
b) The following industrial establishments within the 2010
MUrban Service. Area and outside of a 1/4 mile of a system
can utilize package treatment plants.
1. Industrial establishment with more than five
thousand (5000) square feet of gross floor area
generating only domestic waste,, or satisfy the
requirements of Section 918.05(1)(f).
/ �FP 2 9199
e Family:
took 8 7 eAu 73
TABLE 3.A.16
AND 3.3.19
WATER i WASTEWATER CONNECTION MATRIX
FOR A NEW DEVELOPMENT
ithin 200' of system
utside of 200' of system
esiaentiai Fro3ects:
ubdivision, multi -family
ite plan, PD, DRI
ithin I mi. of the system
25 units or more
Less than 25 units
INSIDE OF THE URBAN
---------------------------------------------------------------
utside of J mi. of system
25 units or more X
Less than 25 units I X**
on -Residential Projects:
Subdivision, Site plan, PD, DRI
Within J mi. of system
21000 gallons daily flow
or more *
Less than 2,000 gallons
daily flow *
---------------------------------------------------------------
utside of J mi. of system I
2,000 gallons daily flow
or more * X
Less than 2,000 gallons
daily flow * X**
y flow refers to water consumption or sewer generat
**The applicant for any development project, where such project
will not connect to a centralized system, must sign a developer's
agreement with they Indian River County Utilities Department to
operate on a private system with a commitment to connect to the
regional 8YOtsmi *Uft Service is available. These agreements shall
be conditiondd U06h demonstration of compliance with applicable
federal, 8t&t-6# efid local permit requirements. When using a
private syet at apt -site facilities, the developer must construct
a dry lid@ 6t vot line at the time of construction, if required by
the UtilitL#h department. The final determination for the type of
non-residential establishment which can utilize a private system
shall be a by the Utilities Department, Community Development
Department# and Environmental Health Department. -
System Availability: A system is considered available when a
collection or distribution line exists in a public easement or
right-of-way.
Distance Determination: Distance determinations are made from the
nearest point of the project (area of development) to the public
facility directly through public easements or public rights-of-way.
ADOPTED INTO LAND DEVELOPMENT REGULATIONS BY BOARD- OF COUNTY
COMMISSIONERS SEPTEMBER 29, 1992
22
SECTION 20: Chapter 925 (Open Burning/Air Curtain Incinerator
Regulations) of the land development regulations is hereby amended
to read as follows:
"Section 925.01. Short title and purpose.
(') This chapter shall be known and may be cited as the Indian
River County Open Burning and Air Curtain Incinerator
Regulation Ordinance.
(2) The Indian River County Board of County Commissioners finds
that it is in the best interest of public health and safety
and the environment to prohibit the open burning of material
discarded incidental to land clearing or construction
practices. It is the purpose of this chapter to regulate open
burning and require the use of air curtain incinerators to:
(a) Promote the efficient burning of land clearing debris,
thus substantially reducing air pollution and the
nuisance of open burning in urbanized areas;
(b) Minimize the hazard and pollution of land clearing debris
disposal, recognizing the benefits of allowing limited
controlled burning to reduce the volume of landfill
material in the county; and
(c) Implement the policies of the Indian River County
Comprehensive Plan relating to air pollution and solid
waste reduction.
Section 925.02. Definitions referenced.
The definitions of certain terms
in Chapter 901, Definitions,
Development Code.
Section 925.03. Exemptions.
used in this chapter are set forth
of the Indian River County Land
The following activities are exempt from the provisions of this
chapter:
(1)
Burning activities incidental to agricultural or silvicultural
operations as set forth in Section 8 of Chapter 85-427,
Special Acts, Laws of Florida;
(2)
Burnin activities associated with the use
&M
of . -. .
air curtain incinerators permitted
by the Florida
Department of Environmental Regulations (FDER)
and operated by
governmental entities; and
(3)
Burning activities associated with "private
land clearing
debris burn facilities" as defined in Chapter
901 and subject
to the provisions of Section 971.27;
(4)
On-site burning of debris associated with rural land clearing,
as defined in Chapter 901, sub ect to the
setbacks, time
frames and other conditions of Chapter
5I-21 Florida
Administrative Code, as may be amended, and as administrated
by the State Division of Forestrv: and
®(5) Open burning activities to reduce yard trash and
household paper products generated on occupied
residential premises of not more than two-family dwelling
units, subject to setbacks, time frames, and other
conditions and restrictions as set forth in Chapter
23
SEP
91992 um K ma 740
FF, -
SE?
87
Box Pr GE
17-256, Florida Administrative Code, as may be amended,
and as administered by the State Division of Forestry
(DOF).
Section 925.04. Open burning prohibited; air curtain incinerator
permit requirements.
Except as exempt in section 925.03, it shall be unlawful to burn or
allow the open burning of materials discarded incidental to land
clearing or construction activities, provided, however, that
nothing in this chapter prohibits burning in an approved type of
air curtain incinerator meeting specifications of Chapter 17-256,
Florida Administrative Code, upon issuance of and in compliance
with a permit to use an air curtain incinerator obtained from the
Indian River CounLy Public HealLh DeparLmenL Indian River Countv
ces (Fire Division
Indian River C
zmergency Services (Fire Division) shall issue a permit to use an
air curtain incinerator upon finding that all requirements of this
chapter, and other applicable laws, and rules have been met. A
permit to use an air curtain incinerator may be applied for on
forms provided by the Indian River County Department of Emer enc
Services Fire Divisi2nL. Indian River County
Any permit to use an air curtain incinerator shall
contain the following conditions:
(1) Use of the air curtain incinerator shall be initiated only
after initial start-up approval has been given by the
River • Indian River County
Department of Emergency Services (Fire Division) and a site
review has been conducted by the local fire authority. Such
approval shall be granted after inspection reveals that the
air curtain incinerator has been properly located and
installed in accordance with laws, the material to be burned
has been properly dried, and daily conditions are not
unfavorable to burning according to the division of forestry
and local fire authority. The permittee shall request an
inspection at least seventy-two (72) hours before he commences
initial operation of the air curtain incinerator.
(2) Each day that a permittee wishes to use an air curtain
incinerator, the permittee shall telephone the •
County Public Health Department Indian River Department of
Emergency Services (Fire Division) prior to that day's start-
up of the air curtain incinerator and advise that department
of the permittee's permit number and intent to use an air
curtain incinerator.
(3) Use of the air curtain incinerator shall be discontinued at
any time that the permittee has been advised that the
permittee has been advised that the division of forestry or
local fire authority has determined that weather conditions
are unfavorable for safe burning. The permittee may be so
advised at the time the permittee calls the •
• Indian River Department of
Emergency Services (Fire Division).
(4) Additional conditions consistent with recommendations of the
division or forestry or local fire authority or necessary for
compliance with this ordinance or applicable laws or rules may
be included in any permit to use an air curtain incinerator.
(5) Except for sanitary landfills which are permitted and approved
in accordance with Chapter 403, Florida Statutes, and Chapter
17-701, Florida Administrative Code, the disposal, discharge,
24
- M
deposit, injection, dumping or placing of land clearing
debris, or any solid waste into or upon any land or water
including groundwater is prohibited. The method of disposal
for "clean debris" as defined in chapter 17-701.20 Florida
Administrative Code, shall be approved by the Indian River
County Public Health Department.
(6 Except for transportation to sanitary landfills which are
.LWA. .L..a a ba bu 6wo , 011u GnapLer 1 / - / U 1 , r ioriaa
Administrative Code, or debris transported to other
disposal or recycling facilities approved by the county
as burn, recycling, or disposal sites, or except as
allowed under Section 925.04 (6)(b), below, it is
unlawful to transport land clearing debris from one
parcel to another parcel.
(bb) Landclearing debris generated from a parcel s) may be
transported to a parcel(s) under the same ownership as
the debris -generating Parcel(s), or to a parcel owned or
leased by the land clearing contractor who conducted the
land clearing, and incinerated under the provisions of
Section 925.05. Permit application fees.
TheCoIndian River
County Department of Emergency Services (Fire Division) may
establish a permit application fee schedule and charge fees for the
submittal of applications for use of an air curtain incinerator.
Such fee schedule shall be subject to approval of the board of
county commissioners; fees collected shall be used to defray costs
incurred by the • Indian
River County Department of Emergency Services (Fire Division) in
administering this chapter.
Section 925.06. Adoption of state standards not in conflict with
this chapter
Except to the extent that they specifically conflict with this
chapter, all laws and rules of the state relative to burning,
including but not limited to Chapter 17-256, Florida Administrative
Code as may be amended, are hereby adopted by reference.
Section 925.07. Additional setbacks and restrictions on use of air
curtain incinerators.
(1) In addition to the requirements for the use of air curtain
incinerators contained in Chapter 17-256, Florida
Administrative Code and other provisions contained or adopted
by reference herein, in no case shall air curtain incinerators
® be set back LG0113 less than five hundred
500 feet • + from any + • occupied
structure, unless the occupant of an occupied structure
located within 500 feet of -a proposed air curtain incinerator
location acknowledges in writing to the county that he or she
has no obiection to the operation of an air curtain
incinerator closer than 500 feet to the structure that he or
she occupies. Said acknowledgement shall be in a form
acceptable to the Indian River County Department of Emergency.
Services (Fire_ Division).
25
P 9192 -BOOK �.ma
4
(2) In addition to the requirements contained in Chapter 17-256,
Florida Administrative Code, and other laws and rules adopted
by reference herein, .the use of air curtain incinerators shall
be restricted to weekdays, that is Monday, Tuesday, Wednesday,
Thursday, and Friday. No air curtain incinerator shall be
used on a Saturdays Sunday, or holiday observed by the county.
Section 925.08. Authority of the division of forestry or the local
fire authority not diminished.
Nothing in this chapter shall diminish the current authority of the
division of forestry or the local jurisdictional authority to order
that burning be cased based on a health nuisance and/or fire safety
hazard.
Section 925.09. Enforcement and penalties.
This chapter may be enforced by the Indian River counLy Public
Indian River County Department of Emergency
Services Fire Division and the Indian River County Environmental
Control Board • in the manner set out in Chapter 85-427,
Special Acts, Laws of Florida, or may be enforced as any county
ordinance, including but not limited to enforcement by the board of
county commissioners seeking injunctive relief or applying county
code enforcement citation procedures. For purposes of enforcement
of this ordinance, each tree burned unlawfully shall constitute a
separate violation of this ordinance. Collected fines shall be
used in Rart or in who to defray costs incurred by the
localdejDartment and county emergency services fire
division) in enforcing this ordinance."
SECTION 21: Add section 926.11(2)(b)9. to the Landscape and Buffer
Regulations chapter of the Land Development Regulations, to read as
follows:
119. All automatic landscape irrigation systems shall be installed
With a rain sensor device or rain sensor switch which will
_override the irrigation cycle of the sprinkler system when
adcanlla*m "=4"-F='11 time ...............a if
SECTION 22: Amend section 926.06(3)(d) to read as follows:
(d) Tree species shall be a minimum of ten (10) feet overall in
height and two (2) inch caliper at the time of planting.
Understory trees to be planted as part of a required buffer
shall be five (5) feet overall in height and one (1) inch
SECTION 23: Amend Section 927.06 of LDR Chapter 927, Tree
Protection and Land Clearing, to read as follows:
"Notwithstanding anything to the contrary in this chapter, the
following activities shall be lawful without application for or
issuance of a tree removal or land -clearing permit. None of these
exemptions shall apply to any mangrove, dune vegetation, specimen
or historic tree, or upland native plant community conservation
area, unless otherwise stated below. The burden of proving
entitlement to any particular exemption shall lie with the person
claiming use of the exemption, in the event the exempted activity
ever becomes subject to an enforcement proceeding. -
(1) The removal, trimming, pruning or alteration of any
unprotected tree or other vegetation as necessary for:
26
(2)
( a) The clearing of a path not to exceed four ( 4 ) feet in
width to provide physical access or view necessary to
conduct a survey or site examination for the preparation
of subdivision plats, site plans, or tree surveys; or
(b) The clearing of a path not to exceed ten (10) feet in
width to provide vehicular access necessary,to conduct
soil percolation and/or soil bore tests on a property,
provided such clearing or removal is conducted under the
direction of a Florida registered surveyor or engineer.
Routine landscape maintenance, such as trimming or pruning of
vegetation, which does ® not = result in the
eventual death of the plants, mowing of yards or lawns, or any
other landscaping or gardening activity which is commonly
(3) The removal, trimming, pruning or alteration of any tree or
vegetation in an existing utility easement or right-of-way
provided such work is done by -or under the control of the
operating utility company and said company has received all
necessary licenses or permits to provide utility service
within the easement.
(4) The removal, pruning, trimming or alteration of any tree or
vegetation for the purpose of maintaining existing access to
a property.
(5) Any activity conducted by a lawfully operating and bona fide
commercial nursery, tree farm, agricultural operation,
silvicultural operation, ranch, or similar operation, when the
activity occurs on the property owned or lawfully occupied by
the person conducting said activity and is done in pursuit of
said activity. This exemption shall include the purposeful
removal of a tree or trees for their permanent relocation at
another site undergoing development. When land -clearing or
tree removal has been performed under this exemption based
upon the use of the property for an agricultural or
silvicultural operation, the following shall apply:
(a) No land development order shall be approved for any non-
agricultural or non-silvicultural use or improvement on
the same site within two (2) years of the completion of
such land clearing or tree removal.
(b) Pertaining to silviculture, operations are encouraged to
implement a State Division of Forestry approved
management plan, including a reforestation plan for
harvested lands.
(c) Pertaining to agriculture, operations are encouraged to
implement a Soil and Water Conservation District approved
conservation plan, including the use of Best Management
Practices, as applicable to the specific area being
cleared.
(6) Any tree which has been destroyed or damaged beyond saving, or
which constitutes an immediate peril to life, property, or
other trees, may be removed without a permit.
27
SEP arc `F:a 74
91992
r -1n Ino NOW 87m, 745
(7) Tree removal, land -clearing, or grubbing of any vegetation,
except mangrove or dune vegetation, upon any detached single-
family residential lot or parcel of land having an area of one
(1.0) acre or less; provided, this exemption shall not be
construed to allow land -clearing, grubbing, or tree removal
without permit of any such lot or parcel by its subdivider
unless the subdivider intends in good faith to forthwith begin
construction of a dwelling unit or units upon said lot.
Advertisement or listing for sale of the particular lot or
parcel without the dwelling unit shall create a presumption
that the subdivider does not intend to forthwith begin such
construction and that the intent is for the lot or parcel to
be developed by a subsequent purchaser.
SECTION 24: Amend Section 930.06(1)(a), to read as follows:
(1) The following activities shall be exempt from the permitting
requirements of this chapter:
(a) The construction of an individual detached single-family
residence.- ® duplex , triplex, oryuadraplex
residences, together with accessory structures, provided
that said residences and accessory structures are not
located in flood hazard zones as identified in section
930.07 1 s however, the provisions of section 912.08
and 914.27(2) may be clIDIDliCable. will be applicable.
When located in a flood hazard zone, the applicant shall
be required to obtain a flood management system permit
(Type C) which shall be issued upon the applicant
demonstrating compliance with section 930.07(2) (a
through j).
SECTION 25: Section 930.07(1)(d) of the Stormwater Management and
Flood Protection Chapter of the Land Development Regulations is
hereby amended to read as follows:
"(d) Retention or detention facilities shall be constructed in such
a manner as to maximize utilization of available percolation
capabilities on site for recharge enhancement and to minimize
mosquito breeding by being shallow, shall be easy to maintain,
and shall have a skimmer mechanism if required by the SJRWMD.
Stormwater management facilities which are to be dedicated to
the county shall not penetrate the groundwater table. Private
wet retention/detention systems shall meet the following
criteria:
1. The application provides a water quality certification
from the SJRWMD or Florida DER that the direct connection
to the groundwater table, as proposed, will not
significantly detract from the quality of the
groundwater. If the size of the development project is
below SJRWMD or DER thresholds, this certification can be
waived;
2. The site is not located on the primary sand ridge or
designated shallow aquifer recharge areas as delineated
on Figure 3.D.2 of the natural groundwater aquifer
recharge sub -element of the county's comprehensive plan.
3. Littoral zones shall be provided in accordance with
Chapter 934 of this Code.
4. All developments providing wet detention systems having
ponds greater than one acre in area at _normal pool
28
� � s
elevation may use the stormwater run-off contained in
such pond(s) for irrigation purposes.
5. As the SJRWMD requirements for treatment are equal to, or
more stringent than the County's, the issuance to the
applicant of an appropriate SJRWMD permit, exemption, or
waiver for the development in question shall be
sufficient and conclusive to show that all water quality
treatment standards contained in this code are satisfied.
For issuance of a Type A, B or C permit, the applicant
must show adherence to other sections of this code
related to flood regulation, water rate and quantity
discharge regulation and other annronriate reeulatiens
SECTION 26: Amend a portion of the section 952.07 "TRIP RATE AND
PERCENT NEW TRIPS DATA TABLE" (all other portions of the currently
adopted table are to remain) as follows:
ITE Land Development Activity Indep. Trip New
CODE (LDA) Variable Rate Trips
Commercial 0-9,999 SF 1,000 S F 98 49%
Commercial 10,000-19,999 1,000 S F 108.5 49%
S F
820 Commercial 20,000 - 11000 S F 94.7 49%
100,000
Contractors Trades; Mul- 1,000 S F 35.2 92%
tiple Tenant Building
Contractors Trades; Single 1,000 S F 9.4 92%
SECTION 27: Amend section 952.10(2)(x), to read as follows:
(1) Acceleration, deceleration and/or turning lanes shall be
provided by the applicant at intersections of arterial or
collector routes if projected traffic entering the site equals
or exceeds thirty (30) vehicles in the peak hour turning left
or seventy-five (75) vehicles in the peak hour for right turn
movements. For projects with significant truck traffic (over
5% of anticipated project traffic volume), passenger car
equivalents (PCE) at the rate of 1 truck = 3 PCE shall be used
in determining the application of the above acceleration
and/or deceleration lane requirements. For purposes of this
section, any vehicle with three (3) or more axles shall be
considered a truck.
SECTION 28: Section 953.10 of the Fairshare Roadway Improvements
Chapter of the Land Development Regulations is hereby amended to
read as follows:
beczion Yos.10 Credit Against Payment of Traffic Impact Fees.
(1) Any person who shall commence any land development activity
generating traffic may apply for a credit against any fee owed
pursuant to the provisions of this chapter for any
contribution, payment, construction, or land accepted and
received by Indian River County or any municipality
participating in this chapter, including any contribution,
29
SEPHOW ,a7
� 1992
No credit shall be granted for any _contribution, payment,
construction or land received by Indian River County where a
building permit has been issued prior to the effective date of
this chapter for a portion of a proposed development, to the
extent said contribution, payment, construction or land is to
provide capacity expansion to the county's major road nett.,�ork
required by the portion of the development for whic}1 the
buildinq permit has been issued.
(3) The determination of any credit shall be undertaken through
Mthe submission of a proposed credit agreement to the county
administrator or his designee.. The proposed credit agreement
shall include the followinq information:
(a) ---If the proposed credit agreement involves credit for the
_dedication of land:
1. A drawing and leqal description of -the land;
2. W- The appraised fair market value of the land at the
Ndate_ of its dedication, prepared by a certified
Florida: real property c)ppraiser approved by the
county' -administrator or his designee, and if
aPPlicable;
3----A-certificate of title or title search of the land;
4. A. -certified copy of the -.development order in which
�(-h' land was agreed to be dedicated.
(b) If the proposed credit agreement involves construction:
1.� The proposed plan of the specific construction
mi
repared and certified lby a duly qualified and
icensed Florida engineer;
2. The projected costs -:Cod the.rimprovement, which
shall be based on loc,"-"information for similar
improvements, along �,aitlh the construction timetable
for the completion thereof. Such estimated cost
shall - include :the.; coist ofd construction or
reconstruction,"` tlie �`� cost of all labor sand
materials, easements and franchises acquired,
financing charges, intea�est prior to and during
construction; cost of plans and specification,
surveys of estimates of costs and of revei4ues, cost
of engineering and legal services, and all. other
expenses necessary or incident to determining the
feasibility or practicability of such construction
or reconstruction.
(c) If the proposed credit agreement involves a credit for
any contribution or payment:
1. A certified Copy1,of the developmentorderin which
the Contiibution�or payment �;as agreed;
2. If payment; has been ]Made, proof sof payment; or
3. If paymenL has not been made, the proj_>osed method
OE payment.
.: -MEANT
4. Within twenty (20) days of receipt of the proposed credit
agreement; 'the county administrator or his designee shall
determine if the Proposal is complete_ If it is determined
that the proped agreement is not complete, the county
administratorhis designee shall send a written statement
to the applicant outlining -the deficiencies..- The county
administrator shall take no further action onthe proposed
credit agreement until all deficiencies have been corrected or
otherwise settled.
5. Once the county administrator or his designee determines the
Eproposed credit agreement ,is complete, he shall review it
within thirty (30) days and. grantthe proposed credit
agreement if the contribution, payment; construction or land
dedication:
(a.) Meets an expansion need of the county.' s.- ma_.j.or, _-.Loa l
network sysLeni which is identified in the county's 20-
year transportation capital improvement program; ori
(b.) Provides a capital road impripvement to. the county's major
road neti-=k S stem 6Aich'
Y provides capacity expansion
necessitated by the proposed land development activity.
grant said agreement if the provisions and requirements of
section 953.10 are satisfied.
a. No credit shall be given for site -related improvements or
Tile -related right-of-way dedications.
b. Site -related improvements are capital improvements and
riqht-of-way dedications for direct access to and/or
within. a development. Direct access improvements
include, but are not limited to, the following:
1. access roads leading to and from the development;
2. the paving and/or improvement of a thoroughfare
plan roadway segment, as a two-lane facility where
such improvement is necessary to provide paved
access to and from the project, if the roadway
segment is not scheduled to be improved within five
_5 years from the time of the credit agreement, as
shown on the adopted capital improvementsprogram;
3. driveways and roads within the development;
4. acceleration and deceleration lanes, and right and
left turn lanes leading to those roads and
driveways within the development;
5. traffic control devices (including signs, marking,
channelization and signals) for those roads and
driveways within the development,
c. No credit shall be given for improvements or right-of-way
-dedications unless such improvement(s) or dedication(s)
meets an expansion need of the county's road network
system which is identified in the countv's 20-vear
7.
32
® M
8. Credit for the
shall be value
value by the In
option of the
the average of
and at no exper
right-of-way s
been approved I
when the prop
accepted by t1
participating
governing body
the referenced
supply to the c
1. A dri
2. A ce3
,cation of non -site related right-of-way
115 percent of the most recent assessed
Liver County property appraiser or, at the
Lyer, by fair market value established by
:ivate appraisers acceptable to the county
the county. Credit for the dedication of
be provided when a credit agreement has
county administrator or his designee and
has been conveyed at no charge to and
Lnty or,. if appropriate, a municipality
s chapter in a manner satisfactory to the
rich the dedication is made. As part of
credit agreement, the applicant shall
at his or her own expense, the following:
and legal description of the land; and
ate of title or title search of the land.
9. a. To receive a credit for construction of non -site related
road improvements, an applicant shall submit to the
county director of community development a proposed
credit agreement application pursuant to section
953.10(3), along with engineering drawings and
specifications, and construction cost estimates prepared
and certified by a duly qualified and licensed Florida
Engineer. The county director of community development
or his designee will coordinate review and approval of
the application with the county public works director.
The county public works director shall determine credit
for roadway construction based on either these costs
estimates or an alternative engineering criterion and
construction cost estimate if the county public works
director determines that such estimates submitted by the
applicant are either unreliable, inaccurate or in excess
or normal construction costs for such project.
b. Credit for non -site related construction is limited to
capital improvements. A capital improvement includes
Preliminary engineering, engineering design studies, land
surveys, engineering, permitting, and construction of all
necessary features for any road construction project
including, but not limited to:
a. construction of new through lanes;
b. construction of new turn lanes (not related to the
project site);
ce construction of new bridges;
d. construction of new drainage facilities in
conjunction with new roadway construction;
e. purchase and installation of traffic signalization,
including new up -graded signalization and other
traffic control devices (not related to the project
site): _
33
SEP 2 91992 BOOK 8 7 F.,'D
M9K '�In
f. construction of curbs, medians, and shoulders (not
related to the project site); and
_q. - relocating utilities to accommodate new roadway
construction.
10. In order to maintain the pro rata or proportionate share
purpose of the Fair Share Roadway Improvement Ordinance, it is
necessary that a uniform method be used countywide in
determining credit against fee. Therefore, the county, when
considering compensation or credit for road right-of-way,
shall apply the right-of-way standards it has established in.
the unincorporated areas throughout the entire county, i.e.,
dedication of the minimum local road widths (60' w/swale; 50'
w/curb & gutter) is non -compensable, thus putting the
unincorporated areas and the incorporated areas in the same
posture thereby maintaining the integrity of the _pro rata or
Proportionate share concept.
11. Credits shall not -be transferable from one project or
development to another without the approval of the board of
county commissioners and may only be transferred to a
development in a different impact fee district upon a finding
by the board of county commissioners that the dedication or
riaht-of-way or road construction for which the credit was
given benefits such different impact fee districts.
SECTION 29: Footnote 112*" to "Table A - Parking Space Dimensions"
of Section 954.07 of the Off -Street Parking Chapter of the Land
Development Regulations is hereby amended to read as follows:
112* one • • Up to ( 3 ) feet of
stall depth may consist of open, landscaped area when stalls
are designed to have bumpers overhang into landscaped areas.
Landscape materials shall not conflict with the overhang I area,,
nor shall the overhang area conflict with adequate provisions
for meeting landscape requirements. The landscape area
comprising_ _a portion of the stall depth shall not be credited
toward satisfying any minimum landscape area or open space
requirement."
SECTION 30: Section 956.12(1)(p) of the Sign Regulations Chapter
of the Land Development Regulations is hereby established, to read
as follows:
jpl A sign four scluare feet or larger in size e which is of fixed to,
attached to, or located on a parked vehicle such that the sign
is visible from a public right-of-way, unless said vehicle is
parked in a designated parkin area and is used in the normal
day-to-day operations ions of the
remise business or unless said
vehicle is involved in i --visit to the site related to regular
business operations. This prohibition does not apply to signs
required by law, ordinance or regulation. The intent of this
prohibition is to prohibit vehicles from being utilized as on
premise or off -premise signs except as incidental to bona fide
vehicle use.
SECTION 31: Section 956.14(5)l c) of the Sign Regulations Chapter
of the Land Development Regulations is hereby amended, to read as
follows:
"No signs shall ® be dis la ed that are fluorescent or
Phosphorescent. •
•
•M No light sources such as strip lighting or
streamers shall be allowed along roof lines or above the roof.
34
_ M
- ® M
No sign shall have a light source which exceeds the following
criteria for light intensity. Reflective vinyl sheeting shall
be exempted from this chapter."
SECTION 32: Section 971.41(10) of the Regulations for Specific
Land Use Criteria Chapter of the Land Development Regulations is
hereby established, to read as follows:
11(10) Accessory Single Family Dwelling Unit:
(a) The construction of an accessory dwelling unit on a
residentially zoned lot shall be allowed subject to the
Provisions of Section 971.41(10). The standards and
requirements of this section are intended to make available
inexpensive dwelling units to meet the needs of older
households, single member households, and single parent
households. This is in recognition of the fact that housing
costs continue to increase, that households continue to
decline in size, and that the number of elderly Americans is
on the rise.
Districts requiring Administrative Permit approval, (pursuant
to the provisions of 971.04):
A-3 A-2 A-1 RFD RS -1 RS -2 RS -3
RS -6 RT -6 RM -3 RM -4 RM -6 RM -8 RM -10
Con -2 Con -3 Rose -4
(c Requirements of Section 971.41(10) shall not supersede
property owner deed restrictions.
Additional information required:
1. A site plan conforming to Chapter 914 requirements.
(e) Criteria for Accessory Dwelling Units:
1. Accessory dwelling units shall be located only on lots
which satisfy the minimum lot size requirement of the
applicable zoning'district.
2. The accessory dwelling unit shall be clearly incidental
to the principal dwelling and shall only be developed in
coniunction with or after development of the principal
dwelling unit.
3. Not more
establishe
unit.
4. No access
coniunctic
5. The heater
dwelling unit she
th a multi -family c
,led gross floor
shall not exceed 3:
:a of the principal
iichever is less.
unit shall be no small
heated/cooled area.
6. No accessory dwelling u
visible from the same
unit.
7. Detached accessory dwe,
farther than 75' in dial
35
SEP 2 9 1992
be established i
Lina unit.
of the accessor
F the- heated/coole
acture or 750 Gros
accessory dwellin
oss square feet o
units shall be located no
wK 87 752
SEP 2 9 1
8.
9. One off-
accessor
for the
10 . -'
closest point of the princi
lest point of the accessory d`
rted garage accessory dwellii
Ang unit shall be designed
material is similar in appeF
xistina Principal structure.
parking space shall be Prov
ing unit in addition to spa
al dwellina unit.
-7 S '7 'Fcu
dwelling
.ng unit.
pits, the
that the
.e t-
-----
for the
11. No accessory dwelling unit shall be sold separately from
the principal dwelling unit. The accessory dwelling unit
and the principal dwelling unit shall be located on a
single lot or parcel or on a combination of lots or
Parcels unified under a recorded unity of title document.
12. Prior to the granting of an administrative permit
approval, the applicant shall obtain an initial
concurrencv certificate from the planning division.
Traffic impact fees, and applicable utilities impact fees
must be paid prior to issuance of a concurrency
certificate.
SECTION 33: Section 971.41(9) of the Regulations for Specific Land
Use Criteria Chapter of the land development regulations is hereby
established, to read as follows:
Small Lot. Single-family Subdivisions (administrative permit):
,(a) Districts requiring Administrative Permit approval, (pursuant
to the provisions of 971.04):
RS -6 RT -6 RM -6 RM -8 RM -10
Jbi Criteria for small lot subdivisions:
1. The small lot subdivision shall be serviced b
centralized water and wastewater.
3. The gross density of any small lot subdivision shall not
exceed the maximum density allowed within the zoning
district in which the subdivision is located.
3. Perimeter lots are those int -a whit -h ms,,,4-
a
36
- M
b. Comply with the following size and dimension
criteria:
• Minimum Lot Width: 50'
• Minimum Lot Size: 5,000 sq.ft.
• Minimum Yard Setbacks:
Front: 20'
Side: 71; 5' on lots fronting a cul-de-
sac circle
Rear: Minimum rear Yard setbacks shall be
Provided, based upon lot width, as
indicated in the table below:
LOT WIDTH
250' & < 55'
Z55' & < 60'
k60' & < 65'
L65' & < 70'
4. Interior lots (those determi
BAR YARD
30'
27'
24'
22'
et to ho nr�ri mrstcr 7 nFa 1
---- — — -- ..y .r_ — Y&&\ �ai4{GilaiVil VJ.ij.Ci1Qi
• Minimum Lot Width: 50'
• Minimum Lot Size: 5,000 sq. ft.
• Minimum Yard Setbacks: Front: 20'
Side: 71; 5' on lots
fronting a cul-
de-sac circle
Rear: 15'
5. Accessory structures may encroach into required yards as
allowed in Section 911.15 of the Land Development
Regulations.
6. A buffer maintenance easement, having a minimum width of
ten (10) feet, shall be provided along the perimeter of
the small lot subdivision between the small lot
subdivision and all abutting residentially designated
properties, except where the proposed small lot
subdivision abuts another approved small lot subdivision
or abuts on older, "grandfathered -in" subdivision where
50% or more of the lots have been developed as 50' wide
single family lots. Where required, the buffer easement
shall comply with the following criteria:
A. A 6' opaque buffer improvement shall be provided
within the easement and shall consist of one of the
following:
_ Existing and/or planted vegetation
A combination of a landscaped berm and.
vegetation
A wall or opaque fence
37
r
SEP 2 91992 'Ma iwa �S
r
Sao rr Pta 755
B. The buffer improvement(s) shall be li
buffer easement(s) as designated on
subdivision plat. Said easement
depicted on the final plat and shal
to the subdivision's property owner
to ensure maintenance of the buffer
The buffer easement improvement)
considered a required subdivision i
shall be provided in accordance with
of section 913.08 of the Lan4
Reaulations.
wi
association
provements.
shall be
C. No structure(s), other than those related tc
buffering, drainage or utilities, shall be located
in the buffer easement.
7. Minimum building setbacks as specified in 971.41(9)(b)3
and 4, above, shall be depicted as a residential building
envelope on the preliminary plat. Language shall be noted
on the final plat to the effect that specially -approved
setbacks are in effect on the lots.
SECTION 34: Section 971.27 of the Regulations for Specific Land
Use Criteria chapter of the Land Development Regulations is hereby
established to read as follows:
Private Land Clearing Debris Burning Facilities (special
exception).
,(a) Districts requiring special exception approval (pursuant to
the provisions of 971.05): A-1, A-2, A-3.
Additional information requirements: a site plan meeting all
the requirements of Chapter 914, which shows • the location and
specification of all screening materials; the location and
desianation of all thoroughfare roads which serve the site;
and occupied structures within five hundred (500) feet of the
Burn area; the location of proposed stockpiles and the burn
area; and all required setbacks.
.LEI Criteria for land clearing private debris burning facilities:
1. There shall be, at minimum, a five hundred (500) foot
separation distance between the burn area of the facility
and any occupied structure in existence at the time of
the site plan application.
2. The use shall be limited to property with an AG -1, AG -2,
or_AG 3 land use Plan designation.
3. The facility shall have direct access to a thoroughfare
Plan road, or direct access to a non -thoroughfare plan
road that has a traffic volume of less than forty (40)
trip ends per day.
4. No debris storage or burn area shall be within 300
feet of any property line.
5. Prior to site plan release the applicant must provide the
county a copy of the -appropriate Florida Department of
Environmental Regulation (FDER) permit or other written
approval or letter of no objection from FDER for the
proposed_ project. 38
6.
7. A
acili
"A" buffer
property.
8. The volume of stoc)
shall not exceed thi
incinerator. The s
1
9. If any of the debris
shall apply to
provisions al
associated w
led
the Indian River Coun
9DD) Board.
Wed _on all boundari
ear
xxpi.ie areas on
m burn volume
hauling route(i
over county m
ust maintain tl
:he debris haul
se may be reQuj
ir. The Prov
excavation and
facilities in
to excavated mater
g debris on site
capacity of the
n shall show how
.he site shall be
capacity of the
associated with
ntained, unpaved
t section of the
ng activity, and
ad, as determined
mining orainance
s associated with
same way said
aulina activities
SECTION 35: Section 972.06 of the Temporary Uses chapter of the
Land Development Regulations is hereby amended to read as follows:
"General standards for permitting temporary uses. No temporary use
shall be permitted unless the community development director or his
designee determines that the following requirements are met.
1. Nuisance, hazardous features. Adjacent uses shall be suitably
protected from any nuisance or hazardous features involved in
the use through setbacks, existing buffers, limitations in
hours of operation, limitations in lighting and/or activities
or facilities/equipment generating noise, or other measures.
2. 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 uses.
Any proposed parking and driveway layouts shall
be adequate for the use during the time and
period of operation. Special provisions for the direction of
traffic ingressing and egressing the site, and traversing the
site, may be required.
3. Public facilities and services, including temporary food
service events. Adequate utility, drainage, refuse
management, emergency services, access, and similar necessary
facilities and services will be available or provided for the
use, and all necessary sanitary facilities shall be approved
by the county health department.
4. Natural environment. The proposed temporary use shall not
have a substantially adverse impact on the natural
environment. No protected trees shall be removed to
accommodate temporary uses. No native vegetation shall be
cleared on the site for temporary uses unless the applicant
demonstrates compliance with the requirements and provisions
of chapter 927 and obtains a land clearing permit.
39
Bam 87 oa 7,56
SPP 2 9 1992
5. Site-suitabilit,. The site ® shall be suitable for the
proposed use, . and shall not be adversely affected
by negative conditions such as flood hazard,poor drainage,
• and other conditions which may constitute a danger to
life, health, or property.
6. Duration. The time the use ® will be permitted is as short
as practicable.
7. Protection of the public health. The proposed temporary use
shall not have an adverse affect on the public health_
Inspections o
= L%j%.;ai. guailc neaizn autnority. The local public health
authority is authorized to apply and collect any fees it
adopts to cover the cost of review and inspection services.
SECTION 36: Section 972.08(4) of the Temporary Uses chapter of the
land development regulations is hereby amended to read as follows:
"(4) The purpose and intent of allowing certain types of transient
merchant operations is to allow roadside sale of products
historically indigenous to Indian River County (ea. fruits and
vi. rj,cvaucLS n1srorlcally available to
celebrate holidays (Christmas trees for Christmas, fireworks
for Independence Day or New Year's Dav). Transient merchant
operations may be allowed if the following requirements and
standards are met.
(a) All transient merchant temporary use permits shall
clearly define an expiration date. No permit shall be
transferable, and no permit shall be good for a period of
more than six (6) months. Renewal of a permit shall
require reapplication.
(lj Transient merchant classifications. All aPProvable
• • transient merchant uses
IC-Issifie• as, shall be limited to one of the
following categories:
Class A: Fruit and vegetable sales
Fruit and vegetable sales are allowed if items for
sale consist of only fresh fruits or fresh
vegetables in either their natural state or
Class B: Seasonal sales such as Christmas tree and
fireworks sales and other similar uses; use in
operation no more than forty-five (45) days during
any calendar year on any given site.
Class C: Satellite seafood sales operations that:
40
on
venicie nas enclosed or screen -enclosed
- are located on property zoned commercial or
industrial; and
- are
(2) Class A and Class C permits may be renewed every
six (6) months upon written request by the
applicant.
(b) The following types of sales operations, for purposes of
zoning regulations, shall not be considered transient
merchants:
(1) Curbside mobile ice cream sales involving frequent,
intermittent stops;
(2) Merchandise deliveries;
(3) Mobile prepared food services catering to employees
at employment sites or patrons at permitted or
otherwise legal special events.
(c) No permanent structures may be utilized; only temporary
pavilions may be utilized for transient merchant
operations. All facilities used shall be self-contained
and mobile or portable. No mobile homes or trailers that
exceed two hundred 200) square feet in area may be
utilized by Class "A" merchants [see section 972.08(4)(A)
for details on Class "A", ® Class "B", and Class "C"
merchants]. Trailers may be used by Class "B" merchants.
Class "C" merchants may only be operated from vehicles
approved and licensed by the state for seafood sales.
Class "A" and Class "B" merchants are further specified
in section 972.08(3)(A)1.
(d) No utilities connections (such as electrical, telephone,
plumbing or septic tanks) shall be permitted with the
following exception: Class "B" transient merchants as
defined herein may obtain temporary electrical power for
sales operations..
(e) Any and all signs to be utilized on-site must conform to
county sign regulations and shall be deemed to be
temporary and not a structure, and must be removed upon
expiration of the temporary use permit or upon vacation
of the site. A sign permit, if required, must be
obtained prior to issuance of a transient merchant
temporary use permit.
(f) Driveways shall access the lowest classification road
available to the site; however, existing driveway cuts
may be used regardless of the classification of the
roadway accessed.
(g) All driveways utilized shall be either existing improved
and permitted driveways or new driveways _meeting the
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SEp 291992
ma 87 iijq
criteria specified herein. New driveways (road cuts) may
be permitted by the county traffic engineer:
1. If traffic maneuverability and safety can be
adequately handled by the new driveway location and
design; and
2. If a state department of transportation driveway
permit or county right-of-way permit, whichever is
applicable, is issued for the driveway.
(h) During all sales hours, a ® minimum of four (4) temporary
standard -sized parking spaces for Class "A" and Class "C"
merchants, and a minimum of five (5) standard -sized
parking spaces for Class "B" merchants, shall be provided
on-site with all parking spaces and driveways clearl
demarcated on-site with wheelstops� •
(i) No class "A" transient merchant operation, as defined
herein, shall be located within three thousand (3,000)
lineal feet of another permitted "Class All transient
merchant operation. No Class "C" transient merchant
operation, as defined herein, shall be located within
(j) Any application shall include a sketch showing:
(1) Site dimensions;
(2) All required setback lines;
(3) Location and dimensions of all temporary pavilions,
driveways, entrances and exits, parking spaces and
wheel stops;
(4) Adjacent roads and road rights-of-way and
easements;
(5) Location and dimensions of all signs to be used.
For Class "C" merchants, conies of all required
state and county licenses for the seafood sales
(k) Within thirty (30) days of temporary use permit
expiration, all items related to the transient merchant
operation shall be removed from the site and adjacent
county right-of-way shall be restored, as may be required
by the county engineering division. Prior to the
issuance of any temporary use permit, a cash bond in the
amount of two hundred dollars ($200.00) shall be
submitted to the county to guarantee site clean-up. This
cash bond amount may be increased to an amount of five
hundred dollars ($500.00) if temporary alterations to
county right -of -wag (eas temporary driveway culverts and
backfill) are required. If, after thirty ( 30 ) days of
Permit expiration or abandonment of the site, the site or
adjacent county rights--of-way have not been properly
cleaned and restored by the applicant, tZhe county may
use the entire amount of submitted funds to pay for
disposing of all transient merchant -related items
remaining on site or restoring adjacent county rights -of -
vacating and cleaning -up u a site an applicant may requestr
in writing to the pla planning division for return of he
submitted funds. Permit applicants will receive the
submitted cash bond amount if:
42
M M M
M M
(1) The county has not used the funds under the
conditions described above; and
(2) The site is inspected by the county, and it is
verified that the site has been cleaned -up and all
transient -merchant -related items have been removed.
In cases where the county has used the
cash bond for site clean-up or
restoration of adiacent countv right-of-way, no
subsequent transient merchant temporary use permit
shall be issued to the same applicant whose vacated
operation caused the cash bond default and
resulting clean-up by the county.
(1) No transient merchants shall operate within any public
rights-of-way. No operations within easements shall be
permitted unless specifically allowed by all parties
having an interest in such easement.
(m,) Fees for
c
X
sews and inspections performed
3alth authority in administer
sioners."
SECTION 37:
REPEAL OF CONFLICTING PROVISIONS
All previous ordinances, resolutions, or motions of the Board
of County Commissioners of Indian River County, Florida which
conflict with the provisions of this ordinance are hereby repealed
to the extent of such conflict. All Special Acts of the
legislature applying only to the unincorporated portion of Indian
River County and which conflict with the provisions of this
ordinance are hereby repealed to the extent of such conflict.
SECTION 38:
CODIFICATION
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 or relettered to accomplish
such intentions.
SECTION 39:
SEVERABILITY
If any section, part
of this ordinance is for
inoperative or void, such
portions hereof and. it
legislative intent to
unconstitutional, invalid
SECTION 40:
EFFECTIVE DATE
of a sentence, paragraph, phrase or word
any reason held to be unconstitutional,
holdings shall not affect the remaining
shall be construed to have been the
pass this ordinance without such
or inoperative part.
The provisions of this ordinance shall become effective upon
receipt from the Florida Secretary of State _of official
43
i
Box 87 F' E
SEP 2 9 M2
r
SEP 2 9 1992 `8aox 8 7Gt
acknowledgement that this ordinance has been filed with the
Department of.State of the State of Florida..
Approved and adopted by the Board of County Commissioners of
Indian River County, Florida on this 29 day of September ,
1992.
This ordinance was advertised in the Vero Beach Press -Journal on
the 10 day of September , 1992, and on the 22 day of
Se tember_ , 1992, for public hearings to be held on the 17
day of September 1992, and on the 29 day of
September , 1992 at which time at the final hearing it was
moved for adoption by Commissioner Bird , seconded
by Commissioner Tippin , and adopted by the
following vote;
Chairman Carolyn K. Eggert Absent
Vice Chairman Margaret C. Bowman Aye
Commissioner Richard N. Bird Aye
Commissioner Don C. Scurlock, Jr. Absent
Commissioner John W. Tippin Aye
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY
By.
Z�Zd,-,V / -t-
Carolyn/. E ger hairman
ATTEST BY :
Je K, Barton, 1L1r
BYt 16 0*, 0'.
Acknowledgement by the Department of State of the State of Florida
this 7th day of October ,,1992.
Effective Date: Acknowledgement from the Department of State
received on this 12th day of October , 1992 at
11:00 A.M./. and filed in the office of the Clerk of the
Board of ounty Commissioners of Indian River County Florida.
There being no further business to come before the Board,
the meeting adjourned at 5:29 P. M.
ATTEST
J. arton, Clerk Margaret C. Bowman, Vice Chairman
44