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HomeMy WebLinkAbout3/18/1993MINUTES ATTACHED BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA AGENDA SPECIAL MEETING THURSDAY, MARCH 18, 1993 5:01 P.M. - COUNTY COMMISSION CHAMBER COUNTY ADMINISTRATION BUILDING 1840 25TH STREET VERO BEACH, FLORIDA COUNTY COMMISSIONERS Richard N. Bird, Chairman (Dist. 5) John W. Tippin, Vice Chairman (Dist. 4) Fran B. Adams (Dist. 1) Carolyn K. Eggert (Dist. 2) Kenneth R. Macht (Dist. 3) James E. Chandler, County Administrator Charles P. Vitunac, County Attorney Jeffrey K. Barton, Clerk to the Board ***********************************************: 5:01 P.M. PUBLIC HEARING Second Hearing: Request to Adopt the Proposed Airport Zoning Ordinance and Other Proposed Land Development Regulation (LDR) Amendments (memorandum dated March 9, 1993) Attachment 1 Attachment 2 Attachment 3 Attachment 4 page 4 page 5 pages 6 - 20 pages 21 - 39 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 X 408 AT LEAST 48 HOURS IN ADVANCE OF MEETING. MAR 181993 BOOK 89 PAGE 5I SPECIAL MEETING Thursday, March 18, 1993 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 Thursday, March 18, 1993, at 5:01 P. M. Present were Richard N. Bird, Chairman; Fran B. Adams; Carolyn K. Eggert; and Kenneth R. Macht. John R. Tippin was absent due to a personal commitment. Also present were James E. Chandler, County Administrator; Charles P. Vitunac, County Attorney; and Diane Albin, Deputy Clerk. The Chairman called the meeting to order and announced that this was the second public hearing on a proposed airport zoning ordinance and other proposed amendments to the Land Development Regulations (LDR). The hour of 5:01 P. M. having passed, the County Attorney announced that this public hearing has been properly advertised as follows: P.O. Box 1268 Vero Beach, Florida 32961 562-2315 COUNTY OF INDIAN RIVER STATE OF FLORIDA Journal Before the undersigned authority personally appeared J.J. Schumann, Jr. who on oath says that he is Business Manager of the Vero Beach Press -Journal, a newspaper published at Vero Beach in Indian River County, Florida; that / aa° 2Z` ,e/A was published77in said newspaper in the issue(s) bl� of i� U-64 /1, /9q 3 Sworn to and subscribed before me this day of 7744-‘,/ (SEAT.) � MAR 181993 Am /993 Mawr NA..snr.el Wit /fR6P�j/66 Mp Cas andon b iske 1 e 79. H!3 BOOK 89 PAGE 52 MAR 181993 BOOK 89 PAGE 53 NOTICE OF ESTABLISHMENT OR CHANGE OF LAND DEVELOPMENT REGULATIONS - AFFECTING THE USE OF LAND: The Indian River County Board of County Commissioners proposes to adopt or change regulations affecting the use of land for the area shown in the map in this advertisement. Two public hearings on the regulations affecting the use of land will be held, one on Tuesday, March, 2, 1993, at 5:01 p.m. and one on Thursday,. March 18, 1993, at 5:01 p.m. in the County Commission Chambers in the County Administration Building located at 1840 25th Street, Vero Beach, Florida. Proposed changes to the Land Development Regulations (LDRs) ef- fective in the unincorporated area of the county consist of the proposed Airport Zoning Ordinance and an ordinance containing various LDR amendments, and include changes to the following LDR chapters: • Chapter 901, Definitions • Chapter 904, Nonconformities • Chapter 911, Zoning • Chapter 913, Subdivisions and Plats • Chapter 952, Traffic • Chapter 954, Off -Street Parking • Chapter 971, Regulations for Specific Land Use Criteria • Copies of the proposed ordinances will be available at the Planning Division Office on the second floor of the County Administration Build- ing beginning February 23, 1993. - 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 testimony and evidence upon which the appeal is based. ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEET- ING MUST CONTACT THE COUNTY'S AMERICANS WITH DISABILITIES ACT (ADA) COORDINATOR AT 567-8000 X408 AT LEAST 48 HOURS IN ADVANCE OF THE MEETING. INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS • BY -s- RICHARD N. BIRD, CHAIRMAN 2 Planning Director Stan Boling commented from the following memorandum dated March 9, 1993: TO: James E. Chandler County Administrator DI ON HEAD CONCURRENCE: obert M. Keatin Community Developmen FROM: Stan Boling;'kICP Planning Director DATE: March 9, 1993 irector SUBJECT: Second Hearing: Request to Adopt the Proposed Airport Zoning Ordinance and Other Proposed Land Development Regulation (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 March 18, 1993. BACKGROUND AND CONDITIONS-: At its special hearing of March 2, 1993, the Board of County Commissioners reviewed and considered two proposed ordinances: the Airport Zoning Ordinance, and another ordinance containing a collection of LDR amendments (see attachment #1). At the meeting, the Board directed staff to make changes to the Airport Zoning Ordinance. No changes were recommended to be made to the proposed -LDR amendment ordinance. The Board also indicated that it intended to consider final adoption of the ordinances at the March 18, 1993 scheduled special hearing. Staff has made revisions to the Airport Zoning Ordinance based upon direction given by the Board at its March 18th meeting. No revisions have been made to the proposed LDR amendment ordinance. The Board is now to consider final action on both proposed ordinances. ANALYSIS: •Airport Zoning Ordinance Since the March 2nd meeting, planning staff and attorneys office staff revisited every section of the proposed Airport Zoning Ordinance to make the proposal a "bare bones" ordinance. Staff compared sections of the proposed ordinance with the Florida Statutes 333 requirements and related administrative code and FAA regulations. In staff's opinion, the structure of the ordinance (e.g. purpose and intent, definitions, overlay zones, special requirements sections) needs to remain the same to meet FS 333 and related requirements (see attachment #2). previously However, staff determined that certain P y proposed regulations can be eliminated or streamlined. 3 MAR 1 8 1993 BOCK 89 FACE 54 MAR 18 199 BOOK 89 PAGE 55 The proposed ordinance version contained in the Board's back-up materials clearly indicates the revisions made to the ordinance version considered at the March 2, 1993 meeting. Changes were made as described below. 1. All references to an "overflight" zone have been replaced by references to a "runway clear" zone. "Runway clear zones" are specifically referenced in FS 333.03 and encompass areas smaller than the originally proposed "overflight zone". 2. The Height Notification "Airport Construction Waiver" reference- has been replaced by a reference to "Airport Construction Permit". Also, based upon recent discussions with FDOT staff, the requirement for Planning and Zoning Commission review and approval of such a permit has been deleted. The ordinance has been revised to allow the community development director to issue the permit. Thus, the process has been streamlined. No extra fee is proposed to be charged for the permit, since the review will be handled as part of any project approval application (e.g. site plan application). As required by FS 333.07, the ordinance still contains detailed height variance criteria and procedures. 3. The "Overflight Zone" regulations and definitions have been deleted. Instead, "Runway Clear Zone" regulations and definitions have been inserted. Florida Statutes 333.03(3) requires that the Airport Zoning Ordinance: "...restrict new incompatible uses, activities, or construction within runway clear zones, including uses, activities, or construction in runway clear zones which are incompatible with normal airport operations or endanger public health, safety, and welfare by resulting in congregations of people, emissions of light or smoke, or attraction of birds." Other sections of the proposed ordinance (see the "Special Requirements" section, p. 11) already address the issues of light and smoke emissions and attraction of birds. The Runway Clear Zone regulations (see pp. 6, 7, & 8) must address "...congregations of people...". The proposed ordinance minimally addresses congregations of people by prohibiting schools, child care facilities, hospitals, and places of worship. Previous prohibitions and restrictions of fuel sales and storage, hotels and motels, and building coverage have been deleted. 4. Some minor but no substantive changes to . the noise impact zone regulations have been made. In staff's opinion, leaving the avigation easement option in the ordinance will give property owners more flexibility. Thus, the avigation easement option remains in the proposed ordinance. 5. The definition of "Airport Overflight Zone" has been replaced by a definition of "Airport Runway Clear Zone". The definition's wording is based on a definition from 14 CFR Part 151 and has been verified by FDOT staff as the appropriate definition for the ordinance. Specific dimensions of the clear zone are not included in the definition since clear zone areas vary by runway type. As previously reported, the only publicly licensed airport clear zone areas in the unincorporated area of the county are: 4 - a small area located on the west side of Roseland Road (from Sebastian Municipal Airport); and areas north and south of the New Hibiscus Airport. In the opinion of planning staff and county attorneys office staff, the revised Airport Zoning Ordinance represents a "bare bones" ordinance meeting the minimum requirements of FS 333. •LDR Amendments Ordinance At the March 2nd hearing, the Board expressed no objections or concerns regarding any portion of the ordinance as proposed. Therefore, staff has made no revisions to the proposed ordinance since the March 2nd hearing. RECOMMENDATION: Staff recommends that the Board of County Commissioners adopt the attached Airport Zoning Ordinance and the LDR Amendments Ordinance. Director Boling explained the four major changes which were made in the proposed airport zoning regulations as a result of the first public hearing: 1. Delete "overflight zone" and replace with "runway clear zone." The term "runway clear zone" is consistent with Florida Statute 333, and the area of a runway clear zone is smaller than an overflight zone. As a result, the new terminology is less restrictive. The entire runway clear zone at the Vero Beach Municipal Airport is within airport property. A small area outside the Sebastian Airport, which is part of a much larger parcel, will be affected by the new ordinance. The runway clear zone extends quite a bit beyond the Hibiscus Airport property. 2. The revisions result in fewer restrictions on what can be built within the runway clear zone. 3. The Planning & Zoning Commission will not have to be notified of the height of proposed structures. Staff will be able to grant permit requests if they are consistent with Federal Aviation Administration (FAA) requirements. Director Boling commented that concern was expressed about the noise impact zone and avigation easements. Few changes were made in the noise impact zone, and staff felt it was best to leave the avigation easement option in the ordinance because it affords property owners more flexibility. He indicated that the ordinance is "bare bones" under the requirements of the State. Deputy County Attorney William G. Collins II has prepared interlocal agreements between the County and the City of Vero Beach, and between the County and the City of Sebastian. The interlocal agreements 5 BAR 181993 BOOK 89 F',1GE 5 BuoK 89 FnE 57 MAR 1 8 1993 provide for the County to adopt an airport zoning ordinance in accordance with Florida Statute 333 and the respective cities can adopt their own ordinances. Attorney Collins advised that the state requires interlocal agreements to be executed in conjunction with adoption of the ordinance. The County ordinance as well as the airport zoning regulations of Vero Beach and Sebastian will be attached to the agreements and filed with the Clerk of the Circuit Court. Commissioner Macht asked whether the City of Vero Beach's ordinance is the same as this one, and Director Boling explained that Vero Beach has not yet adopted an ordinance. The Chairman opened the public hearing on the proposed airport zoning ordinance and asked if anyone wished to be heard in this matter. R. J. MacMillan, part owner of the property adjacent to Hibiscus Airport, stated that the changes that were made are helpful to him but there is still a height problem because the runway ends just 30 feet from his property. Commissioner Macht pointed out that the ordinance does not specifically prohibit structures over one foot in height for every 100 feet of distance from the runway. However, the FAA must be notified of such structures. Director Boling emphasized that whether this ordinance is adopted or not, the FAA must be notified of proposed construction. The ordinance also establishes a variance procedure, whereby a determination can be made based upon the FAA's comments. Mr. MacMillan felt that the County made a serious mistake in not adopting the ordinance when the Hibiscus Airport was moved to its present location 25 years ago. He realized that the County must pass this ordinance but felt that he should be compensated for the loss of use of his property. He emphasized that he talked to County staff before purchasing the property and the potential height restrictions were never mentioned to him. The County is now making it impossible for him to develop about 1/3 of his property, and he and his partners may decide to take this matter to court. He mentioned that the owners of the airport have the space to move the runway farther away from the property line but interested in doing so. Chairman Bird pointed out that structures higher limit can possibly be built with proper notification to the FAA. Further discussion ensued regarding maximum heights allowed 500 feet from a runway. are not than the 6 Bill Sherry, airport director of the City of Vero Beach, understood the County's position but was concerned about removing the overflight zone. He felt that although the proposed ordinance meets the minimum standards of Florida Statute 333, it falls short of Department of Transportation (DOT) recommendations. He was fearful that public safety was being compromised. Evelyn Neville, owner of the property on the north side of SR - 60 across from the airport, asked whether her property will be affected by the ordinance. Director Boling responded that some of Ms. Neville's property is in the runway clear zone area. Her property line is about 700 to 800 feet away from the runway. If she wanted to build a structure in the middle of her property, the FAA would have to be notified of its location and proposed height and the FAA would then determine whether the building would be a hazard. Mrs. Neville asked whether the FAA will be considerate in their judgment about what she can or cannot do. Director Boling pointed out that the height notification requirements are a much lower slope than the actual standards the FAA uses. As long as the height of the building does not exceed the actual standards, the FAA should come back with a no hazard ruling. Commissioner Eggert pointed out that even if we did not pass this ordinance, the federal requirements would still be in place. It was determined that no one else wished to be heard on this proposed ordinance and the Chairman closed the public hearing. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Macht, the Board unanimously (4-0, Commissioner Tippin being absent) adopted Ordinance 93-7, amending Chapters 901 and 911 of the Land Development Regulations and providing for repeal of conflicting provisions, codification, severability and effective date; and establishing section 911.17, Airport Zoning. _ F INTERLOCAL AGREEMENT IS ON FILE IN THE OFFICE OF CLERK TO THE BOARD 7 LtIAR 181993 BOOK 89 FACE 58 MAR 9.81993 BOOK 89 PAGE 59 ORDINANCE 93-7 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, TO BE ENOWt AS THE AIRPORT ZONING ORDINANCE, AMENDING THE FOLLOWING CHAPTERS OF THE LAND DEVELOPMENT REGULATIONS (LDRS); CHAPTER 901, DEFINITIONS; CHAPTER 911, ZONING; AND PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS, CODIFICATION, SEVERABILITY AND EFFECTIVE DATE. SECTION 1: Section 911.17 of the Zoning Chapter is hereby established to read as follows: Section 911.17 Airport Zoning Title ill Purpose and Intent /41 Definitions Airport Zones of Influence jel AirportHe 8��ott�t notification Zones and Regulations 1. 2. Height Notification Regulations 3. Airport obstruction Waiver Procedures and Criteria for Approving/Permitting "Obstructions" 4. Airport Obstruction Variance Procedures and Criteria itl Airport Runway Clear Zones and 1. Zone Establishment 27 Runway Clear Zone Regulations AEI AX.rport Noise Impact Zones and Regulations 1. Zone Establishment 2. Noise Impact Zone Regulations 2 Avigation Easement Regulations Ill Special Requirements Applicable Throughout the Unincorporated Area of the County forming Uses Penalties in. TITLE. AIRPORT ZONING This section shall be known as the Indian River County Airport Zoning Ordinance. jj PURPOSE AND INTENT. The purpose of this airport zoning ordinance is to provide both airspace protection and land use compatibility with airport operations in Indian River County. This ordinance, through establishment of airport overlay zones and corresponding regulations, provides for independent review of development proposals in order to promote the public interest in safety, health, and general welfare in Indian River County as well as to ensure that all publicly licensed airports in Indian River County can effectively function. Therefore, the Indian River County Board of County Commissioners deems it necessary to regulate uses of land located within or near the traffic patterns of airports through regulation of height of structures and objects of natural growth, and through regulation of land uses within noise impacted areas and runway clear zone areas. There is hereby adopted and established the official airport zoning regulations pursuant to the authority conferred on the Board of County Commissioners of Indian River County, Florida, consistent with Chapters 163 and 333, Florida Statutes. Coding: Words in blocked -out type are deletions from existing law. Words underlined are additions. 1 8 ORDINANCE 93%./ in DEFINITIONS. All terms defined in the Indian River County Land Development Regulations, Chapter 901, are applicable in this section. jfj AIRPORT ZONES OF INFLUENCE., Indian River County hereby adopts three (3) airport overlay zones which are shown on the county's official zoning atlas. These zones are established to regulate development in proximity to the following licensed public use airports located within Indian River County: Vero Beach Municipal Airport, Sebastian Municipal Airport, and New Hibiscus Airport. The location of these zones of influence is hereby established by this Ordinance. Boundaries of these Zones of Influence may be changed only by way of an amendment of the official zoning atlas, pursuant to Section 902.12 of the land development regulations. All development applications for land within these zones of influence shall comply with the airport zoning regulations of Section 911.17. In addition, development within these airport overlay zones shall also comply with applicable underlying zoning district requirements as referenced in Chapter 911, Zoning, of the county's land development regulations. Following are the three airport overlay zones: • Airport Height Notification Zone (Subzone A and Subzone • Airport Runway Clear Zone; and • Airport Noise Impact Zone. Where a zone of influence overlays a portion of a property, only that portion within the zone shall be affected by the zone regulations. Furthermore, in relation to applying runway clear zone and noise impact zone requirements, use regulations shall apply to the structure or facilities constituting the use and shall not generally apply to accessory open space, landscape and buffering, stormwater management, or driveway and parking uses. Airport Height Notification Zone and Regulations. 1. Establishment of Zone. The Airport Height Notification zone is hereby established as an overlay zone on the adopted county zoning atlas. This zone is established to regulate the height of structures and natural vegetation for areas in proximity to the licensed public use airports located within Indian River County. The Airport Height Notification Zones, consists of two subzones, defined as follows: Subzone A. The area surrounding each Licensed Public Use•Airport extending outward 20,000 feet from the ends and each side of all active runways. Subzone B. That area within the unincorporated area of the county not within Airport Height Notification Subzone A. 2. Height Notification Regulations. A11 development proposals for land within the height notification zone shall be forwarded to the Federal Aviation Administration (FAA) to be reviewed for conformance with the Obstructions Standards detailed in Title 14, Code of Federal Regulations, Part 77 ,Subpart C. (14 CFR Part 77). Coding: Words in type are deletions from existing law. Words underlined are additions. 2 blocked -out 9 MAR 1993 BOOK 89 F',tiGc 60 K• MAR f 8 1993 BOOK 89 PAGE 61 ORDINANCE 93-Z a. A proposed development shall be determined to be a "potential airport obstruction" if the proposed development would result in a structure or natural vegetation having a height greater than an imaginary surface extending outward and upward from the ends and sides'of a publically licensed airport active runway at a slope of 1 foot vertical to 100 feet horizontal outward to 20,000 feet for Subzone A or 200 feet above ground level for Subzone B. Applicants of any development proposal determined by the county to result in a structure(s) that constitutes a "potential airport obstruction" shall be issued a Notice of Potential Airport Obstruction during the development proposal review process by the community development director or his designee. i. No proposal for development will be approved for construction and no permit for construction will be issued for any proposal to construct any structure which is determined by the county to be a "potential airport obstruction" unless a county Airport Construction Permit is granted or unless a county Airport Obstruction Variance is granted. b. Any proposed development which is not determined to be a "potential airport obstruction" is exempt from any airport height notification zone permitting regulations contained herein. 3. Airport Construction Permit Procedures and Criteria for Approval. Any -applicant affected -by a Notice of Potential Obstruction may apply to the community development director for an Airport Construction Permit. a. Procedures for Obtaining an Airport Construction Permit. i. Applicants shall submit to the Planning Division a completed Airport Construction Permit application form (as provided by the county) and a copy of the notice of proposed construction form submitted to the FAA for the project. Permit requests may be considered by the community development director concurrent with development plan approval consideration. ii. Prior to permit requests being considered for approval, applicants shall submit to the Planning Division the final Determination issued by the FAA based on its review of the applicants Notice of Proposed Construction submitted in accordance with 14 CFR Part 77. b. Criteria for Granting an Airport Construction Permit. Coding: Words in blocked -out type are deletions from existing law. Words underlined are additions. 3 10 ORDINANCE 93- 7 i. Where the FAA has reviewed the proposed development and determined its construction would not exceed an Obstruction Standard of 14 CFR Part 77, the community development director shall grant an Airport Construction Permit for the proposed development provided that a condition is attached to the permit approval to ensure that the approved structure(s) is marked and lighted prior to the issuance of a Certificate of Occupancy (C.O.) if so required by Chapter 14-60, in accordance with the standards of Rules of the Department of Transportation and Federal Aviation Administration Advisory Circular 70/7460- 1, as amended. ii. Where the FAA has reviewed a proposed development and determined that the proposed development exceeds the Obstruction Standards of 14 CFR Part 77, no Airport Construction Permit may be approved, and a county Airport Obstruction Variance (see regulations below) must be obtained by the applicant for the proposed development to proceed. c. Appeals. Actions of the community development director relating to granting or denying an Airport Construction Permit may be appealed within 15 days of the decision rendered. Appeals shall be heard by the Board of Adjustment and may be filed by the applicant, staff, or any person aggrieved or—taxpayer affected ox governing body of a political subdivision or FDOT. All appeals shall be filed, reviewed, and heard in a manner consistent with sections 333.08 and 333.10 of the Florida Statutes. 4. Airport Obstruction Variance Procedures and Criteria. a. Procedures for Obtaining an Airport Obstruction Variance. i. Applicants shall submit to the Planning Division a completed Airport Construction Variance application form, as provided by the county. Variance requests shall be considered by the Board of Adjustment. The request may be approved, approved with conditions, or denied. ii. Prior to variance requests being scheduled for consideration by the Board of Adjustment, the applicant shall submit to the Planning Division the following: • A copy of the notice of proposed construction form submitted to the FAA; • A final Determination issued by the FAA based on its review of the applicant's Coding: Words in type are deletions from existing law. Words underlined are additions. 4 blocked -out. 11 L._ MAR 1 8 1993 BOOK 89 FADE 62 MAR I R 1993 BOOK 89 PAGE 63 ORDINANCE 93- 7 Notice of Proposed Construction submitted in accordance with 14 CFR Part 77; • A valid aeronautical evaluation (may consist of the evaluation performed by the FAAL; * Comments from the FDOT or evidence that the FDOT has made no comments during its required 45 day comment timeframe. Said evidence shall include a return receipt showing that the FDOT comment timeframe has been exceeded. b. Criteria for Granting an Airport Obstruction Variance Where the FAA has reviewed the proposed development and determined its construction would exceed an Obstruction Standard of 14 CFR Part 77, the Board of Adjustment may grant an Airport Obstruction Variance for a proposed development. Such a variance may be granted if the Board determines that a literal enforcement of the regulations would result in practical difficulty or unnecessary hardship and where the relief granted would not be contrary to the public interest (i.e. the development can be accommodated in navigable airspace without adverse impact to the county's public use airports or aviation operations) but would do substantial justice and be in accordance with the spirit of chapter 333, Florida Statutes, and provided that: i. A condition is attached to the variance approval to require that the approved structure(s)% is marked and lighted to indicate to aircraft pilots the presence of an obstruction in accordance with the standards of FAA Advisory Circular Number' 70/7460-1G., as it may be amended. Where such marking or lighting is required, such requirement shall be satisfied prior to the issuance of a Certificate of Occupancy (C.O.) for the affected structure. ii. FAA determines the aeronautical evaluations submitted are valid. iii. Consideration is given to: 1. The nature of the terrain and height of existing structures. 2. Public and private interests and investments. 3. The character of flying operations and planned development of airports. 4. FAA designated federal airways. Coding: Words in blocked -out type are deletions from existing law. Words underlined are additions. 5 12 5• ORDINANCE 93- 7 5. Whether construction of the proposed structure would cause an increase in the minimum descent altitude or the decision height at the affected airport. 6. Technological advances. 7. The safety of persons on the ground and in the air. 8. Land use density. 9. The safe and efficient use of navigable airspace. 10. The cumulative effects on navigable airspace of all existing structures, proposed structures identified in the applicable jurisdictions' comprehensive plans, and all other known proposed structures in the area. 11. FAA determinations and results of aeronautical studies conducted by or for the FAA. 12. FDOT comments and recommendations, including FDOT findings relating to FS 333.025(1) standards and guidelines. 13. Comments and recommendations from local airport authorities. 14. Other testimony and findings of aviation operations and safety experts. Chapter 902 variance criteria shall not be applicable to Airport Obstruction Variance requests. Airport Runway Clear Zone and Regulations. 1. Zone Establishment. There is hereby created and established as an overlay zone on the adopted county zoning atlas a runway clear zone for areas at each end of every active runway at all publicly licensed airports. Within a runway clear zone, certain uses are restricted or prohibited to reduce incompatibilities with normal airport operations and danger to public health. 2. Runway Clear Zone Regulations. a. The following types of uses shall be prohibited within the runway clear zone: i. Educational centers (including all types of primary and secondary schools, pre- schools, child care facilities). ii. Hospitals, medical inpatient treatment facilities, nursing/convalescent home facilities. Coding: Words in type are deletions from existing law. Words underlined are additions. 6 blocked -out 13 MAR i 8 1993 ih.________ BOOK 89 F,,C 64 MAR 18 1993 BOOK 89 PAGE 65 ORDINANCE 93- 7 iii. Places of Worship. b. Allowable Uses. Any use which is not prohibited in a runway clear zone as determined in a. above, is allowable within the runway clear zone, subject to compliance with applicable noise impact zone and zoning district regulations. c. Appeals. Determinations by the community development director, relating to use interpretations involving section "a." above, may be appealed to the Planning and Zoning Commission sitting as the Airport Zoning Commission, in .the manner prescribed by section 902.07(1) through (4) of the Code. Further appeal may be made to the Board of Adjustment by an applicant or anyperson aggrieved or taxpayer affected or governing body of a political subdivision or FDOT. All such appeals to the Board of Adjustment shall be filed, reviewed, and heard in a manner consistent with sections 333.08 and 333.10 of the Florida Statutes. 1E1 Airport Noise Impact Zone and Regulations. 1. Zone Establishment. There is hereby created and established as an overlay zone on the adopted county zoning atlas an airport noise impact zone for areas surrounding all publicly licensed airports. The noise zone is an area in which uses are restricted and special construction standards are to be used to minimize the impact of airport generated noise routinely produced by continuation of normal airport operations. The airport noise impact zone is defined as follows: - An area contiguous to a publicly licensed airport measuring one-half (1/2) the length of the longest active runway on either side of and at the end of each active runway centerline. For land use control purposes, this boundary shall be considered to be consistent with the 65 to 70 ldn zone determined by an official Part 150 Noise Study. Notwithstanding other provisions of this section, should any publicly licensed airport conduct an official 14 CFR Part 150 study, the boundaries of that airport's noise impact zone shall be modified to comply with the official noise study, subject to amendment of the official zoning atlas as addressed in Section 911.17(4) of these regulations. 2. Noise Impact Zone Land Use Regulations. Provisions of this section shall apply to construction, alteration, moving, repair and use of any building or structure within the Noise Impact Zone. a. Permitted Uses. The following uses shall be permitted within the established noise overlay zone, unless prohibited by overflight zone or zoning district regulations: Coding: Words in type are deletions from existing law. Words underlined are additions. 7 blocked -out 14 ORDINANCE 93-Z i. Governmental Services ii. Transportation iii. Off -Street Parking iv. Offices, business and professional v. Wholesale and retail building materials, hardware, and farm equipment vi. Retail trade - general vii. Utilities, Heavy or Limited viii. Communications ix. Manufacturing - general x. Photographic and optical services xi. Mining and fishing, resource production and extraction xii. Nature exhibits and zoos xiii.Amusement parks, resorts and camps xiv. Golf courses, riding stables and water recreation xv. Agricultural operations xvi. Similar Uses. b. Restricted Uses and Criteria. The following uses shall be permitted within the established noise overlay zone, (unless prohibited by overflight zone or zoning district regulations) only if the proposed development complies with the applicable criteria described below: i. Child Care, Transient Lodgings, Educational Centers, Residential (other than mobile homes), and similar uses. Developers of proposed child care facilities, transient lodgings, educational centers and residential uses (other than mobile homes) shall verify to the county in writing that proposed buildings are designed to -achieve an outdoor to indoor noise level reduction (NLR) of at least 25 decibels. (Normal residential construction can be expected to provide an NLR of 20-25 decibels). ii. Hospitals, Homes for the Aged, Places of Worship, Auditoriums, Concert Halls and similar uses. Hospitals, homes for the aged, places of worship, auditoriums and concert halls shall verify to the county in writing that proposed buildings are designed to achieve an outdoor to indoor noise level reduction (NLR) of at least 25 decibels. iii. Outdoor Sports Arenas, Spectator Sports and similar uses. Outdoor sports arenas and spectator sports facilities must be constructed with special sound reinforcement systems consistent with building code regulations. In lieu of providing written verification that a proposed building is designed for an NLR of 25 decibels (as stated in i, ii, and iii above), a developer may execute and record an avigation easement as provided in 911.17(4)(c)2.e. below. Coding: Words in blocked -out type are deletions from existing law. Words underlined are additions. 8 15 MAR 18 1993 BOOK 89 FAGE 66 Pr— MAR BOOK ORDINANCE 93-7 67 i. within 10,000 feet of any publicly licensed airport -active runway used or planned to be used by turbine powered aircraft, or ii. within ,5,000 feet of any publicly licensed airport active runway used only by piston type aircraft, or iii. so that it places the active runways and/or approach and departure patterns of an airport between the solid waste disposal site and bird feeding, water or roosting areas, or iv. locations outside the above locations but still within the limits of any airport overlay zone(s) if determined by the FAA to pose a hazard. 2. Proposed developments which produce lights or illumination, smoke, glare or other visual hazards, or produce electronic interference with airport/ airplane navigation signals are subject to the standards specified in the FAA Procedures Manual 7400-2C, consistent with Chapter 333.03(3), Florida Statutes, as may be applied and enforced by the state and/or federal governments. 121 Nonconforming Uses. The regulations prescribed herein shall not be construed to require the removal, lowering, or other change to or alteration of any structure or natural vegetation not conforming to the regulations as of the effective date of this ordinance, or to otherwise interfere with continuance of any nonconforming use except -as provided in 333.07(1) and (3). However, no pre-existing nonconforming structure, natural vegetation, or use shall be replaced, rebuilt, altered, or allowed to grow higher, or to be replanted, so as to constitute an increase in the degree of nonconformity with these regulations (911.17). Nothing contained herein shall require any change in the construction, alteration, or intended use of any structure, where the construction or alteration was begun prior to the effective date of this ordinance and is completed within one year thereafter. The provisions of Chapter 904 of the land development regulations also apply to non -conformities. SECTION 2: Section 901 of the Definitions Chapter is hereby amended to include the following definitions in alphabetical order: AIRPORT, LICENSED PUBLIC USE - an area of land or water designed and set aside for the landing and taking off of aircraft, utilized or to be utilized in the interest of the public for such purpose and validly licensed by the State in the Public Airport category. Publicly licensed airports include: The Vero Beach Municipal Airport, the Sebastian Municipal Airport, and the New Hibiscus Airport. Coding: Words in type are deletions from existing law. Words underlined are additions. 10 blocked -out 16 K• MAR i 81993 ORDINANCE 93- 7 c. Prohibited Uses. Uses which are not specified in Section 911.17(4)(c)2.a. and b. as permitted or restricted are prohibited within the noise overlay zone. d. Appeals. Determinations by the community development director, relating to use interpretations involving sections "a." or "b." or "c." above, may be appealed to the Planning and Zoning Commission, sitting as the Airport Zoning Commission, in the manner prescribed by section 902.07(1) through (4) of the Code. Further appeal may be made to the Board of Adjustment by an applicant any aggrieved person, taxpayer affected, governing body of a political subdivision, or FDOT. All such appeals to the Board of Adjustment shall be filed, reviewed, and heard in a manner consistent with sections 333.08 and 333.10 of the Florida Statutes. e. Avigation Easements. An avigation easement is a legal document that grants to the owner/operator of a nearby airport a right to continue to operate the airport in a manner similar to current operations, despite potential nuisance effects upon uses that are being established in close proximity to the airport. Applicants choosing to provide an avigation easement shall execute said easement to the appropriate airport authority. The easement shall be in a form acceptable to the county attorney's office and shall be executed in a recordable form by the property owner: -prior to release of a development site plan, -prior to or via recording of a final plat, or -prior to issuance of a building permit, as applicable. The property owner shall record the easement and provide a copy of same to the county. jJ. Special Requirements Applicable Throughout the Unincorporated Area of the County. Notwithstanding any other provision of this section (911.17), no use may be made of land or water within the unincorporated area of the county in such a manner as to interfere with operation of an airborne aircraft using a publicly licensed airport. The following special requirements shall apply to proposed developments: 1. Solid Waste Disposal Sites shall be reviewed in accordance with the State of Florida Department of Environmental Regulation (DER) Rule Chapter 17-701, which requires the following: a. No Solid Waste Disposal Sites shall be permitted to be located as follows: Coding: Words in type are deletions from existing law. Words underlined are additions. 9 blocked -out 17 BOOK 89 PAGE 68 MAR 18 1993 BOOK 89 F,.GE 69 ORDINANCE 93-2. AIRPORT HEIGHT LIMITATION ZONE - Subzone A. The area surrounding each Licensed Public Use Airport extending outward 20,000 feet from the ends and each side of all active runways, and Subzone B. That area within the unincorporated area of the county not within Airport Height Notification Subzone A. AIRPORT NOISE IMPACT ZONE - An area contiguous to a publicly licensed airport measuring one-half (1/2) the length of the longest active runway on either side of and at the end of each active runway centerline. For land use control purposes, this boundary shall be considered to be consistent with the 65 to 70 ldn zone determined by an official Part 150 Noise Study. AIRPORT OBSTRUCTION (Hazard) - Any structure or object of natural growth or use of land which would exceed the federal obstruction standards as contained in 14 CFR Parts 71.21, 77.23, 77.25, 77.28, and 77.29 and which obstructs the airspace required for flight of aircraft in taking off, maneuvering or landing at an airport or is otherwise hazardous to taking -off, maneuvering or landing of aircraft, and is unpermitted, or for which a variance has not been granted. AIRPORT RUNWAY CLEAR ZONE - An area at ground level which begins at the end of a primary surface (as defined in 14 CFR Part 77) and extends with the width of each approach surface (as defined in 14 CFR part 77) to terminate directly below each approach surface slope at the point, or points, where the slope reaches a height of 50 feet above the elevation of the runway or 50 feet above the terrain at the outer extremity of the clear zone, whichever distance is shorter. EASEMENT, AVIGATION - A right of use over property whereby an airport proprietor may operate over real property of another. ELEVATION, AIRPORT - The highest point of the airport's usable landing area measured in feet Above Mean Sea Level (AMSL). LANDING AREA - The area of the airport used for the landing, take -off, or taxiing of aircraft. Ldn - a day/night 24-hour average sound level, in decibels, obtained after addition of 10 decibels to sound levels occurring during the night time period from 10 PM to 7 AM. NOISE LEVEL REDUCTION (NLR) - (also known as Sound Level Reduction (SLR)) Reduction in sound level decibels between two designated locations or rooms for a stated frequency or band. ROOMS, OCCUPIED - Rooms within enclosed structures which are or may reasonably be expected to be used for human activities which involve speech communication; sleeping; eating; listening to live, recorded or broadcast music or speech; or the regular use of telephones. RUNWAY - A defined area on an airport prepared for landing and takeoff of aircraft along its length. Coding: Words in blocked -out type are deletions from existing law. Words underlined are additions. 11 18 SECTION 3: ORDINANCE 93-7 Section 911.15(1)(b) is hereby amended to read as follows: ix Height limitations. No structure shall be erected which would conflict with the height regulations of section 911.17(4)(a).• SECTION 4: 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.5: 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 6: SEVERABILITy If any -section, part of this ordinance is for inoperative or void, such portions hereof and it legislative intent to unconstitutional, invalid SECTION 7: 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 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 18th day of March 1993. This ordinance was advertised in the Vero Beach Press -Journal on the 23 day of February , 1993, and on the 11 day of March , 1993, for public hearings to be held on the day of March , 1993, and on the 1R day 2 of March , 1993 at which time at the final hearing it was moved for adoption by Commissioner FggPrt , seconded by Commissioner Macht , and adopted by the following vote; Coding: Words in type are deletions from existing law. Words underlined are additions. 12 blocked -out 19 � !1bRi8 181993 BOOK 89 FAC 70 Pr - MAR 18 1P43 BOOK 89 PAGE 71 ORDINANCE 93 Chairman Richard N. Bird Aye Vice Chairman John W. Tippin Absent Commissioner Fran B. Adams Aye Commissioner Carolyn*K. Eggert Aye Commissioner Kenneth R. Macht Aye BOARD OF COUNTY COMMISSIONERS OF INDIAN IVER Comm By Richard. -N. Bird, Chairman ATTEST BY: Je K Bart n k Acknowledgement by the Department of Stat of the State of Florida this 26 day of Ma ch , 1993. Effective Date: Acknowledgement from the Department of State received on this 29 ' day of March , 1993 at 10:00 A.M./P.M. and filed in the office of the Clerk of the Board of County Commissioners of Indian River County Florida. APPROVED AS TO FOR AND LEGAL SUFFICIENCY. William G. Collins, II, Deputy County Attorney u\c\s\911fdot2.azo Coding: Words in type are deletions from existing law. Words underlined are additions. 13 blocked -out APPROVED AS TO PLANNING -..MATTERS Robert M. Keati , AI Community Development irector PROPOSED ORDINANCE AMENDING CHAPTERS 901, 904, 911, 913, 952, 954 AND 971 OF THE LAND DEVELOPMENT REGULATIONS (LDR'S) The Chairman opened the public hearing on the second proposed ordinance asked if anyone wished to be heard. There being none, he closed the public hearing. 20 ON MOTION by Commissioner Eggert SECONDED by Commissioner Adams, the Board unanimously (4-0, Commissioner Tippin being absent) adopted Ordinance 93-8, amending Chapters 901, 904, 911, 913, 952, 954, and 971, and providing for repeal of conflicting provisions, codification, severability and effective date. ORDINANCE 93-3_ AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE FOLLOWING CHAPTERS OF THE LAND DEVELOPMENT REGULATIONS (LDRS): CHAPTER 901, DEFINITIONS; CHAPTER 904, NONCONFORMITIES; CHAPTER 911, ZONING; CHAPTER 913, SUBDIVISIONS AND PLATS; CHAPTER 952, TRAFFIC; CHAPTER 954, OFF-STREET PARKING; CHAPTER 971, REGULATIONS FOR SPECIFIC LAND USE CRITERIA; AND PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS, CODIFICATION, SEVERABILITY AND EFFECTIVE DATE. SECTION 1: Amend Section 911.09(g) as follows: Regulation Unit RMH-6 RMH-8 Maximum Density D.U. per gross acre 6.0 8.0 Minimum lot size sq. ft. 7,000 5,000 Minimum lot width SF feet 70' 50 Minimum Yard feet Front 20 20 Side 101 101 Rear 20 20 Maximum building height feet 35 35 Maximum building coverage • . • Mobile Home percent of lot 40 40 Other 30 30 Minimum open space percent of gross area 35 35 Minimum district size acre 20 20 1Except that side yards for mobile home parks in existence prior to April 11, 1985 (regardless of current zoning), shall be established as follows: every mobile home residence shall be located on a space so that no living space is closer than twenty (20) feet to any adjacent living space and no accessory structure shall be located closer than ten (10) feet to any structure on an adjoining space. An accessory open carport or a combination open carport/storage shed structure may be located within three (3) feet of a structure on an adjoining park space if the accessory structure is on a park space having an area of less than 5,000 square feet and if the park space was lawfully established prior to site plan or permitting requirements or was created in accordance with site plan and permitting requirements in effect at the time of the park space establishment. Coding: Words in type are deletions from existing law. Words underlined are additions. I., MAR 18 1993 ______ blocked -out 1 21 4 BOOK 89 F1G[ 72 MAR 18 1993 ORDINANCE 93- 8 BOOK 89 PAGE 73 SECTION 2 (A,B, & C): A. Section 901.03 is hereby amended as follows to add the definition of "residential resort": Residential resort: a development of no less than twenty-five (25) acres, containing resort housing and accessory recreational amenities, designed for extended resort and vacation stays. B. A portion of the use table in section 911.08(4) is hereby amended, adding the following under the "Residential" category heading: Residential Resort RM -3 RM -4 RM -6 RM -8 RM -10 S S S C. Section 971.41(11) is hereby established, to read as follows: (9) Residential Resort (special exception): jj Intent: To provide inwardly focused resort housing, compatible with and similar to multiple family housing in terms of function, designed for resort and vacation stays, and providing on-site amenities and supporting services. �Z Districts requiring special exception approval (pursuant to the provisions of 971.05): RM -6, RM -8, RM -10 Additional information requirements: 1. Provide a site plan conforming with all requirements of Chapter 914 which shows: a. All residential structures, number of units, and density; b. All accessory structures and uses, and their locations and dimensions; c. Location, width, composition and a cross- section of all buffer areas; d. Design, location, and access to all recreational and natural resource-based amenities. (d) Criteria for Residential Resort Use: 1. The site must have direct access to a collector or arterial roadway as defined and identified in the Traffic Circulation Element of Indian River County's Comprehensive Land Use Plan. 2. All living units must have cooking facilities and access to on-site laundry facilities. Coding: Words in blocked-ouL type are deletions from existing law. Words underlined are additions. 2 22 ORDINANCE 93-8 3. Each living unit shall constitute a dwelling unit in terms of land use density calculations; the total project dwelling unit density shall not exceed the density allowed in the underlying zoning district. 4. Accessory uses may include meeting rooms or clubhouses for the exclusive use of the occupants and guests of occupants of the residential resort facility; housekeeping, laundry and maintenance facilities; employee parking; swimming pools; tennis courts and other recreational uses and structures; dining structures or rooms for the use of the occupants of the residential resort. No accessory use shall be established or conducted for the purpose of engaging in a business operation or activity other than to support and provide services and activities to occupants and guests of occupants of the residential resort. The accessory use shall not be operated or promoted in such a manner as to invite the patronage of the general public. 5. Parking spaces for each unit of resort housing shall be provided consistent with the parking requirements for hotel uses. Adequate parking for accessory structures and uses shall be provided in accordance with applicable Chapter 954 standards. 6. A Type "A" buffer shall be provided along the boundary of the residential resort site where the site abuts residentially designated property. A Type "B" buffer shall be provided along the perimeter of the residential resort site boundary that is adjacent to public or private road rights-of-way. SECTION 3: The definition of "Foster home" of Section 901.03 of the Definitions Chapter of the Land Development Regulations is hereby amended to read as follows: Foster care facilit Foster care home, Foster home a private residential single-family dwelling which provides a family or family type living environment including assistance, supervision and care necessary to meet physical, emotional, and social needs of clients. A foster care facility home may serve either a maximum of three (3) unrelated children and/or adults placed in the facility by the State. SECTION 4: The definition of "Adult congregate living facility" is hereby added to Section 901.03 of the Definitions Chapter of the Land Development Regulations to read as follows: Coding: Words in blocked-outtype are deletions from existing law. Words underlined are additions. 3 23 L!1!±! 1993 BooK 89 FADE 74 BOOK 89 PAGE 75 MAR 18 1993 ORDINANCE 93- 8 Adult congregate living facility (ACLF): a home, institution, buildinq(s) or residence(s), public or private, whether operated for profit or not, licensed by the State, which provides housing, food service, and one or more personal services for a period exceeding twenty-four (24) hours to four (4) or more adults who are not related to the operator. Such a facility may provide extended congregate care, limited nursing services and limited mental health services for on-site residents when licensed by the State. SECTION 5: The definition of "Total care facility" is hereby added to Section 901.03 of the Definitions Chapter of the Land Development Regulations to read as follows: Total care facility: an institution, buildinq(s) or residence(s), public or private, whether operated for profit or not, licensed by the State, which provides housing, food service, and one or more personal services for a period exceeding twenty-four (24) hours to four (4) or more adults who are not related to the operator. The facilities shall be primarily residential in character; however, such facilities may provide extended convalescent, nursing, medical and personal services for the on-site residents as an accessory operation of the facility when licensed by the State. A total care facility may include an adult congregate living facility (ACLF) which provides extended convalescent, nursing and medical care, for its residents, beyond that permitted for an ACLF which stands alone. SECTION 6: The definition of "Nursing/convalescent home" in Section 901.03 of the Definitions Chapter of the Land Development Regulations is hereby amended as follows: Nursing/convalescent home (Intermediate care facility, Continuing care facility): a home, institution, building or residence, public or private, whether operated for profit or not, presently licensed by the state, which provides maintenance, personal care or nursing for a period exceeding twenty-four (24) hours to three (3) or more ill, physically infirm, convalescing, or aged persons who are not related by blood or marriage to the operator. The definition of nursing or convalescent home does not include hospitals, clinics or similar institutions which are devoted primarily to the diagnosis and treatment of the sick or injured. SECTION 7: The definition of "Residential treatment center" is hereby added to Section 901.03 of the Definitions Chapter of the Land Development Regulations to read as follows: Residential treatment center: a secure facility providing diagnosis, treatment, habilitation or rehabilitation on an in- patient basis in a living environment which includes the supervision and care necessary to meet physical, emotional and/or social needs of clients. Residential treatment centers may house a number of unrelated individuals, either patients or staff, and shall meet all licensing requirements of the State. Coding: Words in blocked -out. type are deletions from existing law. Words underlined are additions. 4 24. ORDINANCE 93-8 SECTION 8: A portion of the use table found in Section 911.12 is amended to read as follows (all other portions of the use table are to remain as currently adopted): Institutional Uses Foster Care Facility District CON -1 CON -2 CON -3 P P P SECTION 9: A portion of the use table found in Section 911.13(4)(c) is amended to read as follows (all other portions of the table to remain as currently adopted): Residential Uses Sin.le-family dwellings Group homes (Level 1) District AIR -1 P Institutional/Services Uses Foster care facility p Group home (Level 1) A Adult congregate living facility A (8 residents max.) SECTION 10: A portion of the use table found in Section 911.13(3)(c) is amended to read as follows, (all other portions of the table to remain as currently adopted): Public Service Uses Group home (Level 1) A District ROSE -4 SECTION 11: A portion of the use table found in Section 911.07 is amended to read as follows (all other portions of the table to remain as currently adopted): District RS -2 RS -3 RS -6 RT -6 Institutional Uses Group home (Level I) - A A A Adult congregate living facility (8 residents max.) - A A A Group home (Level II & III) - - - S Adult congregate living facility (20 resident max.) _ _ _ S Coding: Words in type are deletions from existing law. Words underlined are additions. 5 blocked -out 25 MAR 1 8 1993 BOOK 89 FAGE 76 MAR i 8 19D ORDINANCE 93-8 BOOK 89 PACE 77 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 table to remain as currently adopted): Institutional Uses Group home (Level I) Adult congregate living facility (8 residents maximum) Group home (Level II & III) Adult congregate living facility (20 residents maximum) Group homes (Residential Centers) Adult congregate living facility (21+ residents) District RM -3 RM -4 RM -6 RM -8 RM -10 A A A P P A A A P P S S S A A S S S A A S S S S SECTION 13: A portion of the use table listed in Section 911.10(4) is hereby amended as follows (all other portions of the table to remain as adopted): Institutional Uses Group homes (Residential Centers) Adult congregate Living facility (21+ residents) District PRO OCR MED CN CL CG CH S S S S S S SECTION 14: A portion of the Table of Uses listed in Section 971.06 is hereby amended to read as follows (all other portions of the table to remain as currently adopted): Adult Congregate Living Facility (ACLF) 971.28(3) SECTION 15: Section 971.28(4) of the Regulations for Specific Land Use Criteria Chapter of the Land Development Regulations is hereby amended as follows: (4) Homes for the aged, including nursing homes, rest homes, nu convalescent homes, intermediate care facilities, and continuing care facilities (special exception). Coding: Words in blocked -out type are deletions from existing law. Words underlined are additions. 6 26 ORDINANCE 93- 8 SECTION 16: Section 971.28(3) of the Regulations for Specific Land Use Criteria Chapter of the Land Development Regulations is hereby amended to read as follows: (3) Group homes: Levels I, II, III, ® residential center, and adult congregate living facility (ACLF) (administrative permit and special exception). (a) Districts requiring administrative permit approval, (pursuant to the provisions of 971.04): Level I and ACLF (8 residents maximum): RS -3 RS -6 RT -6 RM -3 RM -4 RM -6 AIR -1; Level II, 111 III, and ACLF (20 residents maximum): RM -8 RM -10. (b) Districts requiring special exception a.proval, (pursuant to the provisions of 971.05): Level IIL and III and ACLF (20 residents maximum): RT -6 RM -3 RM -4 RM -6; residential centers and ACLF 21+ residents : RM -3 RM -4 RM -6 RM -8 RM -10 CL CG CH (c) Additional information requirements: 1. A site plan which denotes the location of all structures, parking facilities, and the proposed circulation plan, pursuant to the requirements of Chapter 914; 2. A floor plan showing the location, size, and space utilization of each room shall be submitted; 3. The applicant shall submit a signed affidavit stating that all applicable regulations of the State of Florida and Indian River County as currently exist have been satisfied. (d) Criteria for group homes: Level I, II, IIIc ® residential centers and adult congregate living facility. Group homes shall be distinguished by their resident capacity as follows: 1. Level I group home or ACLF, up to eight (8) residents including caretaker(s) per shift; 2. Level II group home or ACLF, up to twelve (12) residents including caretaker(s) per shift; 3. Level III group home or ACLF, up to twenty (20) residents including caretaker(s) per shift; and 4. Residential centers or ACLF (not Level I, II, or III), twenty-one (21) or more residents including caretaker(s) per shift. (e) Those group homes or ACLFs whose residents are service - dependant persons requiring special protection or custodial care in order to meet their emotional and/or physical needs must meet all licensing requirements from the Department of Health and Rehabilitative Services of the State of Florida. 1. The use shall satisfy all applicable regulations of the State of Florida and Indian River County as currently exist; Coding: Words in type are deletions from existing law. Words underlined are additions. blocked -out 27 MAR 1 8 1993 7 800K 89 FAC Ir -MAR 18 1993 BOOK 89 PAGE 79 ORDINANCE 93-� 2. The approving body shall determine that the proposed use is compatible with the surrounding neighborhood in terms of intensity of land use. As a measure of land use intensity, the expected number of persons per acre of the proposed use is equivalent to the number of persons per acre allowed within the respective zoning district. The number of persons per acre within the respective zoning district. The number of persons per acre within the zoning district can be derived by multiplying the density (d.u./acre) by household size estimates for that structure type. For the purposes of this section, the following household size estimates shall apply: single- family homes, 2.5 persons per dwelling unit; multiple - family, 2.0 persons per dwelling unit. The persons per acre intensity of the group home shall not exceed one and one-half (1}) times the intensity of adjacent residential zoning district(s); 3. To avoid unsafe or unhealthy conditions that may be produced by the over -crowding of persons living in these facilities, a minimum floor area per person shall be required. Floor area requirements shall be measured from interior walls of all rooms including closet space...._Y.. a. Total interior living space. A minimum of two hundred (200) square feet of interior living space shall be provided per facility resident. Interior living space shall include sleeping space and all other interior space accessible on a regular basis to all facility residents. b. Minimum sleeping areas. A minimum of eighty (80) square feet shall be provided in each sleeping space for single occupancy. A minimum of sixty (60) square feet of sleeping space shall be provided for each bed in a sleeping space for multiple occupancy. c. Bathroom facilities. A full bathroom with toilet, sink and tub or shower shall be provided for each five (5) residents. 4. To avoid an undue concentration of group care facilities in one area, all such facilities shall be located at least one thousand two hundred (1,200) feet apart, measured from property line to property line. 5. If located in a single-family area, the home shall have the appearance of a single-family home. Structural alterations or designs shall be of such a nature as to preserve the residential character of the building. 6. If located in the AIR -1 zoning district, the site shall have an L-1 land use designation. M7. The facility shall satisfy all applicable off-street parking requirements of Chapter 954. The facility shall meet or exceed all open space requirements for the respective zoning district. Coding: Words in type are deletions from existing law. Words underlined are additions. 8 blocked-ou 28 ORDINANCE 93 -IL I8. The maximum capacity of such facilities shall not exceed the applicable number permitted by the department of health and rehabilitative services. t�9. Group home permits are transferable. If the type of resident/client changes or the resident capacity increases to such an extent that it would raise the facility to a higher level group home as distinguished by the definition, the facility must be reevaluated for an administrative permit or special exception approval. SECTION 17: Section 971.28(6) of the Regulations for Specific Land Use Criteria Chapter of the Land Development Regulations is hereby amended to read as follows: (6) Residential treatment centers (special exception). (a) District requiring special exception approval, (pursuant to the provisions of 971.05): CL CG CH RM -6 RM -8 RM -10. (b) Additional information requirements: 1. A site plan which denotes the location of all structures and parking facilities, and meets all requirements of Chapter 914; 2. A floor plan showing the location, size, and space utilization of each room shall be submitted; 3. The applicant will identify any and all residential treatment facilities located within two thousand (2,000) feet of the site; 4. The applicant shall submit a signed affidavit stating that all applicable regulations of Indian River County and the State of Florida as exist at the time of approval have been satisfied. (c) Criteria for residential treatment centers: 1. Residential treaLment centers shall be defined as secure treatment facilities treating in -patients and providing a living environment which includes the supervision and care necessary to meet physical, emotional and/or social needs of clients. Residential treatment centers may house a number iofj unrelated individuals undergoing treatment and staff members responsible for treatment. Residential treatment centers must meet all licensing requirements of the Department of Health and Rehabilitative Services of the State of Florida; 2. To avoid unsafe or unhealthy conditions that may be produced by the overcrowding of persons living in these facilities, a minimum floor area per person shall be required. Floor area requirements shall be measured from interior walls of all rooms including closet space. Coding: Words in blocked -out type are deletions from existing law. Words underlined are additions. 9 29 BAR 181993 8OCK 89 PAGE 8o nIAR 1818 BOOK 89 PAGE 81 ORDINANCE 93-3_ a. Total interior living space. A minimum of two hundred (200) square feet of interior living space shall be provided per facility resident. Interior living space shall include sleeping space and all other interior space accessible on a regular basis to all facility residents. b. Minimum sleeping area. A minimum of eighty (80) square feet shall be provided in each sleeping space for single occupancy. A minimum of sixty (60) square feet of sleeping space Shall be provided for each bed in a sleeping space for multiple occupancy. c. Bathroom facilities. A full bathroom with toilet, sink and tub or shower shall be provided for each 5 (5) residents. 3. The facility shall provide parking at a rate of one space per five hundred (500) square feet of gross floor area and comply with all other aspects of the off-street parking requirements of Chapter 954. 4. The maximum capacity of residential treatment centers shall not exceed the applicable number permitted by the department of health and rehabilitative services. 5. No residential treatment center shall be located within one thousand two hundred (1,200) feet of any other residential treatment facility, measured between the closest points of property. 6. Residential treatment centers shall have a twenty foot buffer strip with Type "A" screening at all points where they abut residentially designated property. SECTION 18: A portion of the size and dimension criteria table listed in Section 911.10(7) is hereby amended as follows (all other portions of the table to remain as adopted): Residential District Regulations Hotel and motel minimum square feet of living area per unit Hotel and motel minimum square feet of land area per unit Coding: Words in type are deletions from existing law. Words underlined are additions. 10 blocked -out District PRO OCR MED CN CL CG CH RM -6 RM -6 RM -8 RM -8 RM -8 RM -8 RM -8 250 250 250 250 1200 1200 - 1200 1200' - 30 ORDINANCE 93-g, SECTION 19: Section 952.12(4) is hereby amended to read as follows: (4) Frontage road systems and access easements. Provisions for Interconnected Parking Areas. Nonresidential developments fronting principal and minor arterials shall provide driveway improvements and driveway "stub -outs" to property lines to facilitate existin• and future interconnection of •arkin• areas to adjacent sites. roads. establish frontage/marginal access �Z Location and Design. ttarginai Parking lot access driveways and driving aisles roads shall be designed and. located to connect to adjacent properties or to marginal access roadways that serve the subject site and adjacent properties. All access points and interconnecting driveways shall be designed and constructed to accommodate safe and efficient vehicle travel between ad acent sites as a..roved b the •ublic works director and may be parking lot driving marginal access road is required, roads a marginal access easement granted by approved by the county attorney, and public records. aisles. c:bhere a must lie within the developer, recorded in the J Paving. All marginal access roads connecting driveway improvements must beaved according to applicable Chapter 954 standards, including: proper driveway widths, construction specifications, and treatment of transition grades. 121 Waiver option. The public works director may waive the interconnected parking area requirements at terminal points where nonresidential tonin• abuts a residential zoning district, ® or in other similar circumstances where the mixing of different types of traffic (e.g. automobile versus truck) is undesirable, ® or where separation of traffic is necessary for traffic safety, or where physical design constraints preclude interconnection of ad ac ent sites. the public works director may waive the marginal access roadway and/or easement requirement.A SECTION 20: Section 904.07 is hereby amended as follows: (1) If any nonconforming structure or use or an establishment containing a site -related nonconformity is damaged by causes including but not limited to fire, flood, explosion, collapse, wind, neglect, age, or is voluntarily razed or disassembled to such an extent that the cost of repair or reconstruction will exceed fifty (50) percent of the building's value as shown on the tax assessment roll at the time of damage or proposed reconstruction, the nonconformity shall be deemed terminated, and shall not thereafter be reestablished. In the event that a nonconformity may be repaired by an investment of less than fifty (50) percent of the value of the nonconformity as shown on the tax assessment roll at the time of the damage or proposed reconstruction, such repair shall be permitted, and the nonconformity may continue. Coding: Words in blocked -out type are deletions from existing law. Words underlined are additions. 11 31 MAR 181953 BOOK 89 F'AGE 82 MAR i 8 1993 BOOK 89 PCF 83 ORDINANCE 93-_a_ (2) If Indian River County or a portion thereof is declared a disaster area by the Governor of the State of Florida or the President of the United States, as a result of a hurricane, tornado, flood, or other similar act of God, then the provisions of section 904.07(1) shall be hereby modified to allow within the declared disaster area the replacement or reconstruction of structures on or in the location of the original foundation. However, this modification to county regulations to allow the replacement or reconstruction of nonconforming structures has no effect upon the application and enforcement of state or federal laws and agency regulations regarding replacement or reconstruction of nonconforming structures. SECTION 21: Section 913.06(1)(c) is hereby amended to read as follows: (C) Divide property after December 8, 1973 by any means where a resulting lot has frontage on: a dedicated public right-of- way4 or private platted right-of-way (street)4 or a roadway historically and currently maintained by the county,as referenced on the county road grading map, less than: 1. Sixty (60) continuous feet, unless exempted under section 913.06(2)4 or unless the lot fronts upon a cul-de-sac or curve and meets the requirements of section 913.09(6) (C)4 for properties located within the A-1, A-2, A-3, Con -2, Con -3, RFD and RS -1 zoning districts; 2. The minimum lot width of the zoning district applicable to the lot(s) created for properties located within zoning districts other than those referenced in the above paragraph 1.4 unless exempted under section 913.06(2)4 or unless the lot fronts upon a cul-de-sac or curve and meets the requirements of section 913.09(6)(c). Access, ingress/egress, or other easements shall not be deemed to constitute a publicly dedicated road right-of- way unless previously dedicated to and accepted by the county. Note: Parcels created between September 21, 1990 and December 4, 1991 are subject to the sixty (60) contiguous feet (rather than a minimum lot width) frontage requirement, regardless of the zoning district in which the property is located. Coding: Words in type are deletions from existing law Words underlined are additions. 12 blocked-ouL 32 ORDINANCE 93- 8 SECTION 22: Section 954.11 is hereby established to read as follows: Section 954.11 Security for construction of required paving improvements For projects projected to generate/attract less than one hundred (100) average daily trips, a certificate of occupancy (C.O.) may be issued without construction of required driveway/parking area paving improvements if a contract for construction of required paving improvements has been properly executed and if security has been posted in an amount equal to one hundred fifteen (115) percent of the estimated cost of the required paving improvements. (A) The contract shall be on a form provided by the county and shall obligate the developer to complete all required paving improvements, in accordance with the approved site plan(s) and county development regulations and standards, within a period of twenty-four months of the date of the C.O. (B) The estimated cost of paving shall be approved by the county engineer after review of an itemized cost estimate certified by the developer's engineer or review of an actual itemized contract price bid. (C) The surety posted to guarantee performance of the contract shall expire, if at all, no less than ninety (90) days beyond the last date for performance established by the contract. The surety shall run in favor of the board of county commissioners, must be in a form acceptable to the county attorney, and may be either: 1. A cash deposit and escrow agreement governing control and use thereof; or 2. An irrevocable letter of credit, (issued by a financial institution authorized to conduct business within the state. SECTION 23: Amend Section 971.08(10), to read as follows: "(10) Sludge spreading (administrative permit). (a) Districts requiring administrative permit approval, (pursuant to the provisions of 971.04): A-1 A-2 A-3. Coding: Words in type are deletions from existing law. Words underlined are additions. 13 blocked -out 33 MAR 18 1993 BOOK 89 F';,E 84 MAR 1 8 1993 ORDINANCE 93-__O BOOK 89 PAGE 85 (b) Criteria for sludge spreading: 1. A site plan which shows the limits of the areas for sludge spreading and setbacks from the sludge spreading operation to property lines, pursuant to the requirements of Chapter 914, Site Plans; 2. A fifty -foot setback shall be required when the sludge spreading operation is adjacent to agriculturally designated property; 3. A one hundred -foot setback shall be required when the sludge spreading operation is adjacent to residentially designated or commercial/industrial designated property; 4. As part of a stormwater management report, signed and sealed by a professional engineer, the applicant shall demonstrate that no adverse impacts will occur on properties and waterbodies, on or off-site, by runoff from the sludge -spreading operation; 5. An additional report, signed and sealed by a professional engineer or a hydrologist, must be submitted which demonstrates that the sludge spreading operation will have no adverse impacts on groundwater. 6. The facility must be approved by the Indian River County Solid Waste Disposal District (SWDD) Board, in conformance with the provisions of the county's Sludge and Septaqe Ordinance. SECTION 24: Amend Chapter 911 to establish section 911.08(8), to read as follows: "(8) Required buffer yards: Where a multi -family project in the RM -6, RM -8 or RM -10 district abuts a single-family zoning district, the following buffer yards shall be provided along the boundary between the multi -family project and the single-family zoning district. Multi -family District Buffer Type RM -6 C - 3 ft. Opaque or D - 6 ft. Opaque RM -8 C - 3 ft. Opaque or D - 6 ft. Opaque RM -10 C - 3 ft. Opaque or D - 6 ft. Opaque SECTION 25: Section 911.15(2)(q) is hereby amended to read as follows: (q) Screening enclosures, patios, and decks. No screening enclosures, patios, or decks shall be located closer than (10) feet to any rear property line or Live (5) Leel Lo within any easement for utilities, drainage, or access,. whichever is greater. Coding: Words in blocked -out type are deletions from existing law. Words underlined are additions. 14 34 ORDINANCE 93- 8 SECTION 26: Section 954.05(3) is hereby amended to read as follows: (3) Auto re per bay.• air, auto bod and dia.nostic shops. Six - (o) spaces One space per bay shall be designated and marked as customer parking, all other spaces are to be.used for employee parking, staging of vehicles, and overflow park.ing.1 All designated customer spaces shall be adjacent to the office area. A bay use to accommodate a vehicle may count as a space. A.minimum of six (6) parki spaces is required for buildings under 2,000 square feet in size. For buildings 2,000 square feet or larger one parking space shall be required for every 400 square feet of gross building area. All customer parking shall be clearly marked. Service bays may not be counted as parking spaces. SECTION 27: Section 954.05(38) is hereby amended to read as follows: (38) Miniatureif •o courses. Two -(2) spaces per hold, plus one space per one hundred fifty (150) square feet of accessory commercial or amusement area. The site design shall provide for a customer drop-off area. Tw parking spaces per hole for the first 18 holes, one parking space per hole for every additional hole, plus one parking space per 200 square feet of interior floor area devoted to accessory commercial or amusement area. The site design shall provide for a customer drop-off area. SECTION 28: Section 911.08(7) is hereby amended to read as follows: (7) Size and dimension criteria: Regulation Unit Maximum density,d.u./gr.ac. Minimum lot sizsq. feet SF Duplex Minimum lot width feet SF Duplex Minimum yard feet Front Side Rear Maximum building height feet Maximum building percent of lot coverage Minimum open space percent of lot RS -2 2 16,000 RS -31 3 12,000 100 80 25 15 25 35 25 25 15 25 35 30 40 40 RS -6 6 7,000 RT -6 6 7,000 12,000 70 70 100 20 10 20 35 30 20 10 20 35 35 40 40 1Nonconformin lots of record lawfully created prior to June 18, 1991 shall meet the RS -6 yard requirements. 2In no case shall the density exceed the maximum permitted gross density. (Ord. No. 90-16,1,9-11-90; Ord. No. 91-48, 15, 16, 12-4-91; Ord. No. 92-39, 11, 9-29- 92) Coding: Words in type are deletions from existing law. Words underlined are additions. 15 blocked -out 35 MAR 181993 BOOK 89 FACE PEAR 18 1993 ORDINANCE 93-3_ BOOK 89 PAGE 87 SECTION 29: Section 911.04(3)(c)4. is hereby amended to read as follows: 4. Required yards for corner lawfully created nonconformin• lots. Corner Lawfully created non-conforminq lots shall be provided a front have required yards on each street frontage; provided, however, that the buildable width of such lot shall not be reduced by front or side yard requirements to less than thirty (30) feet and provided further that no accessory structure on a corner lot shall project into the required front yard on any ® street. In those instances where the thirty-foot minimum applies, the house shall be centered between the lot lines, unless an alternate siting arrangement is approved by the community development director. SECTION 30: Section 904.08(2) is hereby amended to read as follows: (2) Replacement of nonconforming mobile homes. Where mobile home use constitutes a nonconforming use of land, no mobile home may be replaced with another mobile home, except when associated with a legal nonconforming mobile home park, whereby the mobile home is maintained in conformance with the originally approved mobile home park site plan (as may be amended). The setbacks established in Section 911.09(q), including footnotes, are applicable to mobile homes within nonconforming mobile home parks. SECTION 31 (A & B): A. Section 954.05(36) is hereby amended to read as follows: (36) Medical and dental offices and out-patient clinics. General requirement of one (1) space per one hundred and seventy-five (175) square feet of gross floor area. Specific requirements for handicap parking spaces are as follows: a. outpatient units and facilities - 10 percent of the total number of parking spaces serving each such outpatient unit or facility shall be handicap spaces; b. units and facilities that specialize in treatment or services for persons with mobility impairments - 20 percent of the total number of parking spaces serving each unit or facility shall be handicap spaces. B. Section 954.07(2) is hereby amended to read as follows: (2) Standards for handicap spaces applicable to site plan project applications. (a) Handicap parking spaces shall be provided in conjunction with site plan applications involving new uses or chan•es in use other than for du•lex-tre units.in non- residential use projects frequented by the public. Coding: Words in type are deletions from existing law. Words underlined are additions. blocked -out 16 36 ORDINANCE 93 -__EL 1. Exemption. If the owner of the project building certifies that the entire building is used only by' employees and that the work performed in such areas cannot reasonably be performed by handicapped persons, such building is exempt. (b) Handicap parking spaces shall be located adjacent to or as close as practical to the main and/or secondary entrances accessible to the handicapped. Said entrances shall connect with all accessible spaces and elements within the buildin•. Ramps and/or sidewalks shall have a minimum width of 44" and shall be conveniently located in relationship to the handicap parking spaces. Access ways and ramps to the building may be shared. provided a (c) The number of handicap •arkin• spaces shall be as required by Table B (shown below) except as modified by 954.05(36). Total Parking Lot the Standard Building Code. Table B Required Number of Accessible Spaces Up to 25 26 to 50 51 to 75 76 to 100 101 to 150 151 to 200 201 to 300 301 to 400 401 to 500 501 to 1000 Over 1000 ....20 plus 1 for each 100 over 1000 1 2 3 4 5 6 7 8 9 2% of Total (d) Where handica.ped parking is required provided, each space so designated shall have a minimum width of not less than twelve (12) feet and be accompanied by an access aisle (at least 5' wide) to the in accordance with the requirements of (e) access and/or ramp buildin the Building Code and Department of Community Affairs regulations access Florida Statutes. An access aisle may be shared between two handicap spaces. All handicap spaces must be clearly identified and marked as required by the Florida Department of Transportation and the Manual on Uniform Traffic Control Devices. Each such Each handicap parkin _pace shall be conspicuously outlined in blue paint, and shall be posted with a permanent, above -grade sign bearing the international symbol of accessibility or the caption "PARKING BY DISABLED PERMIT ONLY", or bearing both such symbol and caption. Such signs shall not be obscured by a vehicle parked in the space. All handicap parking spaces must be signed and marked in accordance with the standards adopted by the Department of Transportation. j If passenger loading zones are provided, then at least one passenger loading zone shall have an access aisle at least 5'x 20' adjacent and parallel to the vehicle pull- up space. Coding: Words in type are deletions from existing law. Words underlined are additions. 17 blocked -out 37 LIAR 1.81991 BOOK 89 [AGE 88 MAR 18 Iggl ORDINANCE 93-$ BOOK 89 F'AGE 89 SECTION 32 (A & B): A. The definition of "Yard, front" in Section 901.03 of the Definition Chapter of the Land Development Regulations is hereby amended to read as follows: Yard, front: on interior lots the yard being the minimum horizontal distance between the structure and the street right-of-way. On multi -frontage lots (including corner lots) all yards which abut a street right-of-way are considered front yards. On double frontage lots having frontage on opposite sides of the lot or parcel, the yard abutting the street with the lower functional classification as depicted on the county's thoroughfare plan map shall be the front yard. If both streets have the same functional classification, the yard adjacent to the front lot line having the shortest dimension shall be the front yard. B. The definition of "Yard, rear" in Section 901.03 of the Definition Chapter of the Land Development Regulations is hereby amended to read as follows: Yard, rear: a yard extending across the rear of a lot between the side lot lines and between the rear lot line and the nearest structure. On lots with one front lot line, the lot line opposite the front lot line shall be the rear lot line. main entrance of the principal use of the lot On corner lots which abut two (2 streets, the remaining yards not abutting a street shall be side yards when abutting a side yard and shall be rear yards when abutting a rear yard. lot line ine shall be the lot line opposite the front lotrear line having the shortest dimension. On a multi -frontage lot which abuts three (3) streets, the remainin• yard not abuttin• a street shall be a side yard. if it abuts rear yard if it abuts a rear yard. a side yard and a *NOTE TO EDITOR: The following graphic shall be inserted into the text, after the definition of "yard, side". SECTION 33: 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 34: 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. Coding: Words in type are deletions from existing law. Words underlined are additions. 18 blocked -out 38 ORDINANCE 93-_11 SECTION 35: SEVERABILITY If any section, part of this ordinance is for inoperative or void, such portions hereof and it legislative intent to unconstitutional, invalid SECTION 36: 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. EFFECTIVE DATE The provisions of this ordinance shall become effective upon receipt from the Florida Secretary of State of official acknowledgement that this ordinance has been filed with the Department of State of the State of Florida. Approved and adopted by the Board of County Commissioners of Indian River County, Florida on this 1Rth day of March 1993. This ordinance was advertised in the Vero Beach Press -Journal on the 23 day of February , 1993, and on the 11 day of March , 1993, for public hearings to be held on the 2 day of March , 1993, and on the 18 day of March , 1993 at which time at the final hearing it was moved for adoption by Commissioner Eggert , seconded by Commissioner Adams , and adopted by the following vote; Chairman Richard N. Bird Vice Chairman John W. Tippin Commissioner Fran B. Adams Commissioner Kenneth R. Macht Commissioner Carolyn K. Eggert Coding: Words in type are deletions from existing law. Words underlined are additions. 19 blocked -out Aye Absent Aye Aye Aye BOARD OF COUNTY COMMISSIONERS OF INDIAN VER COUNTY By Richa ATTEST BY: wird,M4:21142__ Chairman Jeffrep' K. Barton A/ ,A •6. 39 LLIARi 8 1993 900K 89 PAGE 90 MAR 18 1991 ORDINANCE 93-$ BOOK 89 PAGE 91 Acknowledgement by the Department of State of the State of Florida this 26th day of March , 1993. Effective Date: Acknowledgement from the Department of State received on this 29th day of March , 1993 at 10:00 A.M./&X39C and filed in the office of the Clerk of the Board of County Commissioners of Indian River County Florida. APPROVED AS TO FOR AND LEGAL SUFFICIENCY. e();(44Ar William G. Collins, II, Deputy County Attorney APPROVED AS TO PLANNING MATTERS Robert ea i Community Develo Director There being no further business, on Motion duly made, seconded and carried, the Board adjourned at 5:21 P.M. ATTEST: arton, Clerk Richard N. Bird, Chairman 40