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HomeMy WebLinkAbout1/5/1994� MINUTES1!kTTACHEDM BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA A G E N D A SPECIAL MEETING WEDNESDAY, JANUARY 5, 1994 5:01 P.M. - COUNTY COMMISSION CHAMBER COUNTY ADMINISTRATION BUILDING 1840 25TH STREET VERO BEACH, FLORIDA COUNTY COMMISSIONERS Richard N. Bird (Dist. 5) James E. Chandler, County Administrator John W. Tippin (Dist. 4) Fran B. Adams ( Dist. 1) Charles P. Vitunac, County Attorney Carolyn K. Eggert ( Dist. 2 ) Kenneth R. Macht (Dist. 3) Jeffrey K. Barton, Clerk to the Board 5:01 P.M. Second Hearing: Request to Adopt Proposed Land Development Regulation (LDR) Amendments ( memorandum dated December 21, 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 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. BOOK 91 1_0 SAN 51994 -..A SPECIAL MEETING Wednesday January 5, 1994 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 Wednesday, January 5, 1994, at 5:01 p.m. Present were John W. Tippin, Chairman; Kenneth R. Macht, Vice Chairman; Fran B. Adams; Richard N. Bird; and Carolyn K. Eggert. Also present were James E. Chandler, County Administrator; Charles P. Vitunac, County Attorney; and Patricia Held, Deputy Clerk. The Chairman called the meeting to order. The hour of 9:05 a.m. having passed, the County Attorney announced that this public hearing has been properly advertised as follows: BOOK 91 FACE 411 JAN 5 1994 � r JA N 5 1994 P.O. Box 1268 Vero Beach, Florida 32961 ^� 562-23115 COUNTY OF INDIAN RIVER rC S ournal STATE OF FLORIDA Before the undersigned authority personnlly 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 a siplay ad measuring 33" at 11,35 per column Inch billed taIndian River County Planning Department was published In said newspaper in the issue(s) Of December 30 1993 on pace 3A Sworn to and subscribed before me this 3 day of January A.D 1994 ,r•. -"TA ae m � ttr relnie fJtplt„ :{� t fIMMM C 9rnAn{:F, NnMIIY'"pBCisineSs MBllager' a np1d'• Yr GneNsww I .p ni, 19Y7 June29. 1997 .Mnh :eC70uSr2 •: r ae. Cd99572 t - of F F1.0.••• m mm" nNuu c sm�aus wr BOOK 91 FACE 412 NOTICE OF ESTABLISHMENT OR CHANGE OF LAND DEVELOPMENT REGULATIONS 0 AFFECTING THE USE OF LAND. ...... ...... , � *'k I � 1-15S 9y TED AREA The Indian River County Board of County Commissioners proposes to adopt or ange regulations affecting the use of land for the area shown in the map in this Two public hearings on the regulations affecting the use of land will be held, one on "Tuesday, December 14, 1993 at 5:01 p.m. and one on Wednesday, January 5, - 1994 at 5:01 p.m. in the County Commission Chambers in the County Administra- tion 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 consists of an ordinance containing various LDR amendments, and include changes to the following LDR chapterss • Chapter 901, Definitions • Chapter 904, Nonconformities • Chapter 911, Zoning • Chapter 912, Single Family Development • Chapter 917, Accessory Uses and Structures • Chapter 925, Open Buming/Air Curtain Incinerator • Chapter 932, Coastal Management • Chapter 971, Regulations for Spetific Land Use Criteria • Chapter 972, Temporary Uses Topics relating to said amendments include, but are not limited to, the following: - Land Clearing Debris Burning - Fishing -related Commercial Sales & Services (Richard Green, applicant) . - Options to Golf Course Building Setback (Moorings Club, applicant) - Groupp Homes in Mobile Home Districts - Clarification of Lot Widths &Setbacks on Flag Lots &Cul de -sac Lots - Clarification of Single Family/Duplex Development on Single lots -Walls & Fences - Coastal Development - Limited & Heavy Utilities Uses in Single Family Zoning Districts Copies of the proposed ordinance will be available at the Planning Division Of- fice on the second floor of the County Administration Building beginning December 8, 1993. Anyone who may wish to appeal any decision which may be made at this meet- ing will need to ensure that a verbatim record of the proceedings is made, which in- cludes testimony and evidence upon which the appeal is based. ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING MUST CONTACT THE COUNTY'S AMERICANS WITH DISABILITIES ACT (ADA) COORDINA- TOR 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 E7 SECOND HEARING: REQUEST TO ADOPT PROPOSED LAND DEVELOPMENT REGULATION (LDR) AMENDMENTS Planning Director Stan Boling made the following presentation: TO: James E. Chandler County Administrator DIV ION HEAD -CONCURRENCE: obert M. Keat jrW de n ,A ICP Community Development Difor .46 FROM: Stan Boling, AICP Planning Director DATE: December 21, 1993 SUBJECT: Second Hearing: Request to Adopt 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 January 5, 1994. BACKGROUND: At its special hearing of December 14, 1993, the Board of County Commissioners reviewed and considered a draft ordinance consisting of 10 sections of LDR amendments. At that time, the Board directed staff to make some changes to certain sections. The Board also indicated that it intended to consider final adoption of the ordinance at the scheduled January 5, 1994 public hearing (see attachment #1 for the action summary for -the December 14, 1993 meeting). Staff has revised certain sections of the proposed ordinance based upon direction given by the Board. The Board is now to consider final action on the proposed ordinance. ANALYSIS: *Debris Burning Section 1 of the draft ordinance and section 1 of the "final" ordinance (see attachment #2) relate to landclearing debris burning. At its December 14th meeting, the Board directed staff to modify the draft ordinance so that the following changes will be made to the existing LDRs: Delete existing LDR provisions for a permanent, private debris burning facility use. Add to the existing LDR debris burning facilities relating to haul routes safeguards. allowance for temporary (6 month) Temporary Use Permit requirements roadways, and debris stockpile These changes to the existing LDRs have been incorporated into section 1 of the proposed "final" ordinance. To summarize, the ordinance now proposes to make the following changes to the existing landclearing debris burning LDRs: K7 JAN 5 199 BOOK 91 PAGE 419 JAN 5 0 BOOK 91 FACE 414 1. Delete the use category of private, permanent debris burning facilities and delete related special land use criteria. 2. Add a provision allowing the Board of County Commissioners to authorize or establish temporary burn sites and facilities in cases of emergencies such as hurricanes or freezes. 3. Add to the existing allowance for temporary (6 month) debris burning facilities'a requirement that applicants for such facilities also obtain a Temporary Use Permit (TUP). for temporary landclearing debris air.curtain incinerator sites. This new type of TUP will require applicants to meet standards relating to the following: - access roadway and haul route - impacts on roadway surfaces - special setback and fire safety conditions for the burn pit area - special setbacks, size limitations, and fire safety conditions for debris stockpiles. As discussed at the December 14th Board meeting, Emergency Services Fire Prevention Bureau Chief Dan Dietz has researched and provided planning staff with fire safety standards for burn pit and stockpile areas (see attachment #3). These standards have been incorporated into the TUP portion of the proposed debris burning section, as described above. Director Boling discussed the changes in the section on Temporary Landclearing Debris Air Curtain Incinerator Sites. The criteria will be included in Section 925.07(3) because setbacks from a brush line or tree line, as well as the storage of debris, are fire safety issues, and oversight of the burn sites will be handled by Emergency Services and the Department of Forestry. Planning or Public Works will be consulted for decisions regarding posting of bonds for road damage or coordination of any required permits. Director Boling referred to the following memo from Fire Prevention Bureau Chief Daniel Dietz dated December 28, 1993: 4 IRM To: Stan Boling Planning Director Community Development From: Daniel Dietz % Fire Prevention Bureau Chi �o� Date: 12/28/93 1y Subject: Temporary land clearing debris sites As a result of this mornings meeting with Mr. Hiers and the E.G.I. Group, some of the proposed ordinance requirements originally submitted by this office have changed. Specifically, under section 972.08(6) we have no objection to the following changes that were discussed; 6(E) The location of the burn pit being (100) feet from any "tree line" is acceptable. tc• • .�: _ ► 11• .1 WM • j - - ••WN, R @719 1@101 1. Maximum pile sizes of (50) feet by (100) feet by (15) feet in height. 1. Maximum pile sizes of (75) feet by (125) feet by (30) feet in height. In reference to paragraph 6(A), this office will gladly review the submitted scaled drawings for site dimensions, stockpile dimensions, set -backs, burn pit and incinerator set-up.and similar fire safety factors. Please note that we cannot perform the much needed review of traffic influences created by the site. This office will perform whatever role you deem necessary in the permitting process. If a temporary use permit Is required please advise how we verify approval prior to issuing a permit. If a temporary use permit is not required I would offer this office as the sole application point where we could forward all information through public works via inter- office mail. If any additional information is needed please contact me. Commissioner Bird was absent from the previous public hearing and asked for clarification regarding the debris which can be burned at a temporary site. Director Boling advised that debris from that site or from other sites being cleared by that land clearing contractor can be burned at that site, but they cannot receive and burn debris for anybody else. The Chairman opened the public hearing and asked if anyone wished to be heard in this matter. 5 1994 5 BOOK 91 PAGE 415 r JAN 5 199. BOOK 91 FACE 416 Bobby Hiers, land clearing contractor, felt that the changes are needed so that all land clearing contractors will be on equal footing, and smaller businesses will be able to compete with bigger out-of-town companies. He hoped the Board would approve staff's recommended changes. It was determined that no one else wished to be heard and the Chairman closed the public hearing. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Adams, the Board unanimously approved staff's recommended changes to the Land Development Regulations regarding Debris Burning as amended to Section 925.073. Bobby Hiers asked whether the pending ordinance doctrine is to be invoked in this case. Discussion ensued, and staff advised that invoking the pending ordinance doctrine is not necessary in this case. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Adams, the Board unanimously dropped the pending ordinance doctrine regarding the proposed ordinance. COMMUNICATION TOWERS Planning Director Stan Boling continued with his presentation as follows: •Communications Towers Section 2 of the draft ordinance and section 2 of the attached "final" ordinance address communications towers. At its December 14th meeting, the Board directed staff to delete from the existing LDRs requirements for special setbacks and a .design fall radius engineer certification as applied to amateur radio communications towers. Also, -the Board directed staff to delete from the proposed ordinance a requirement that amateur radio tower applicants provide special proof that any tower proposed to be over 70' in height is necessary for effective amateur radio communications. Based upon the Board's direction, staff has revised section 2 of the draft ordinance to make the following changes to the existing LDRs: 6 1. Add an allowance for 70' - 140' tall amateur radio communications towers in residential zoning districts as an administrative permit use. 2. Add an exemption from special setbacks and an engineer certified design fall radius for amateur radio communications towers. In lieu of special setbacks, normal zoning district building setbacks, as well as standard building code requirements, would apply to amateur radio communications towers., NOTE: special setbacks or, alternatively, an engineer - certified design fall radius provision,' will still apply to commercial communications towers. 3. Add an administrative permit use special land use criterion requiring applicants for amateur radio communication towers to submit a notarized statement that the tower will be used for amateur radio communications and to submit documentation showing that he or she is properly licensed to conduct amateur radio communications. Director Boling further explained that the proposed ordinance would allow amateur radio communication towers in the category of 70 feet to 140 feet to be constructed with administrative permit approval in any residential area meeting the specifications and land use criteria that we have in Section 971. A building permit is required for any structure, including a tower, regardless of the type of site plan or use. Director Boling recounted that the Board directed staff to delete the specific land use criteria requirement for an engineer certified design fall radius statement and the extraordinary setback of the 110 percent fall radius setback. The Board also directed staff to delete a criterion requiring an applicant to provide evidence as to why he needed a tower higher than 70 feet. The proposal is to require a notarized letter stating that the tower will be used for amateur radio communications and documentation that a licensed operator would be using it. Director Boling stated that the administrative permit criteria that would apply to amateur radio towers are spelled out specifically on pages 6, 7, and 8 of the proposed ordinance. There is a 10 -foot setback from the property line for anchorage of the guy wires, the purpose of which is to move the anchors away from the perimeter property line. Director Boling advised that an alternative to having administrative permit criteria would be to put criteria in our accessory uses section which applies generally to different types of uses in single family .areas. 7 500K 91 Fr'- 'JAN 5 J94 BOOK 91 PAGE 418 He reported that Building Director Ester Rymer confirmed that information provided in manufacturers' specifications includes calculations showing that the wind load of a tower meets the building code. That standard information is required for all towers 70 to 140 feet in height. Commissioner Adams led discussion regarding the requirement for a notarized letter stating that the tower is to be used for amateur radio communications, and she wondered if the tower could be used for some other purpose. Director Boling clarified that amateur radio operation towers are treated differently because of the FCC preemption. A notarized letter would state that the 70 to 140 foot tower is to be used for amateur radio communications and not for commercial broadcasts. Commissioner Adams asked what happens if the operator moves to another residence and leaves the tower behind, and Director Boling responded that the restriction on that tower would remain. Commissioner Bird wondered whether it is important to require a notarized letter. He preferred to simplify the process by not requiring the notarization. Commissioner Adams did not see the logic of a notarized letter because the FCC regulates amateur radio operators. Director Boling saw no problem deleting the notarized letter requirement. Commissioner Macht thought there are more issues which may need to be addressed because there are other categories of radio operators. For example, the citizens' band radio operators might like a tower, or someone who is sick of the cable company may desire to put a TV antenna on a tower 140 feet high. Commissioner Eggert clarified that this is a special exemption for amateur radio operators, and Director Boling confirmed that the object is to address only amateur radio operation communications. Attorney Vitunac advised that "amateur communications" might have a broader meaning, but Commissioner Eggert thought that the licensing for anything other than amateur radio operation would not be the same. Commissioner Eggert pointed out that the ordinance has a category of towers less than 70 feet. high, and 70 to 140 feet high, but leaves out the 70 -foot category. She suggested the wording be changed to 1170 feet and under," or "under 70 feet." Commissioner Macht led discussion regarding Section 2-A on the bottom of Page 3 of the proposed ordinance. He suggested deleting the phrase "including the highest point of the antenna" because there are many different kinds of antennae. He thought we should 8 regulate only the height of the tower and not the antenna, because he knows of no antenna that would pose a danger. Discussion ensued, and the Board members preferred to limit the height of the total structure because an antenna could add more height to a 140 -foot tower. Commissioner Bird asked how this proposed ordinance affects existing towers, and Director Boling advised that this provision would regulate only the construction of new towers and applications for increased height of existing towers. The Chairman opened the public hearing and asked if anyone wished to be heard in this matter. Jim Arnold, vice president of the Vero Beach Amateur Radio Club, was glad the Board was able to clarify the proposed amendment. He explained how radio transmission is regulated by the Federal Communications Commission in the United States, and how the radio spectrum was "sliced" for use by the various users. The FCC regulates amateur radio operators as to their licensing, what they are allowed to do with towers and with power, and operating procedures. The FCC limits tower height to 200 feet. Mr. Arnold saw nothing wrong with requiring a building permit and site plan for tower installation. He cautioned that with all the wireless communication that will be available in the near future, many people may want to erect towers. He read a letter signed by Governor Lawton Chiles commending amateur radio operators for their work during Hurricane Andrew. Commissioner Eggert asked whether the FCC 200 -foot limit is for the tower only or for tower plus antenna. Mr. Arnold responded that the limit is for the total structure, which would be the tower and any appurtenances. He thought that the FCC regulates the amateur radio operators sufficiently. There have been no occurrences that would call for administrative remedies. The operators place their towers near or above their own homes, so it stands to reason that they do not want them to fall on their homes nor on their neighbors' homes. Commissioner Bird asked whether the County requirements are directed to safety or aesthetic factors, and Director Boling explained that the proposed change was initiated by a judicial decision in a lawsuit. At the present time we have a prohibition against towers over 70 feet high in residential areas, so both safety and aesthetics are important factors. Commissioner Bird understood then that currently there is no prohibition of towers up to 70 feet in height, and that this change would open it up to 140 feet in height. �6,- 34N 51994 BOOK 91 FnE 419 JAN 5 199 BOOK 91 FAFE420 -1 Director Boling added that the amendment is an attempt to balance legitimate zoning considerations in residential areas with the interests of amateur radio operators, recognizing their value to the community. Dan Bedford, stated that he lives next to "one of these monstrosities." He asked the Commission to keep the height of these towers as low as possible, and to include the overall height in the description of a tower. He pointed out that his neighbor's tower has an antenna on top which requires separate additional guy wires. He maintained that transmission towers cause interference in TV reception and devalue neighborhood property. David Brower, who spoke at the December 14 public hearing and still had some problems with the requirements. He disagreed with the definition of "tower." He thought a more accurate definition for "tower" is "antenna support structure," and that it should be measured at that height. Mr. Brower quoted from Section 911.151(a), which lists the following exceptions to height limitations: chimneys, flag poles, windmills, solar energy collectors and similar structures. He thought it would be easy to add amateur radio antennae and antenna support structures to the exceptions in section 911.151(a) Bill Rockledge, an amateur radio operator for 25 years, maintained that the requirements are limited to aesthetics. Apparently staff has not received any reports on safety problems. Attorney Vitunac recounted that a speaker at the December 14 public hearing testified that towers sometimes fall down. That person stated that when they do fall, they bend at their weakest point. Mr. Rockledge stated that he presently has a tower that can tilt over in case of a storm, but he lived in New Hampshire where the ice and snow and the wind load are severe and his tower never fell down. Mr. Rockledge asked about the prohibition of guy wire anchors in the easement. He noted that fences and other structures are allowed on the property line, public works and FP&L are allowed to screw guy wire anchors into the ground within the easement, and he asked why amateur radio operators cannot do the same. Director Boling confirmed that there is a provision in the existing regulations for a 10 -foot separation from the guy wire anchor point to the property line. He assumed that it is a safety measure because of the potential of disturbing that guy wire. The 10 M allowance for a fence on the property line has been in the ordinance for a long time, and he confirmed that sheds of a certain size can be placed 5 feet from the property line. Mr. Rockledge wanted the Board to exempt towers 70 feet and under from any regulation. Al Smith, amateur radio operator for 34 years, clarified that towers do not fall down. He saw his own tower bend in the middle, but he never saw a tower just flop down from the base to the full height. Bill Lowry, amateur radio operator since 1948, experienced severe weather in New England for many years. He stated that he lost trees and other things but never lost a tower. Sometimes the antenna would break in an ice storm, but he never had a tower collapse under any conditions. Ed Gilcher, amateur radio operator since 1955, addressed the question of what happens to the tower when somebody moves to another residence. He stated that a home occupation license terminates if the licensee moves, and he reasoned that if an amateur who owned the tower moved, that permit should terminate. The Chairman determined that no one else wished to be heard and thereupon closed the public hearing. Commissioner Bird led discussion regarding the setback for placement of guy wire anchors. He described lot lines as imaginary lines and realized that the guy wire anchors could become a hazard to children and pets, but he asked if that setback could be at 5 feet rather than 10 feet. Director Boling had no objection to reducing the setback requirement from 10 feet to 5 feet. Towers under 70 feet require a building permit regardless of the LDR provisions. At the present time there is only the building permit requirement for towers under 70 feet in height. He reiterated that towers 70 to 140 feet in height would require a site plan and administrative permit use. Commissioner Bird thought we must give strict guidelines on which to base approval or disapproval for installation of a tower. Commissioner Eggert understood that FCC licensing takes care of the criteria that allows them to put in a tower under 70 feet in height. That is the reason for the statement that they are amateur radio operators. If the tower is to be over 70 feet in height, it moves through the process as a permitted accessory use. Commissioner Eggert led discussion regarding the definition of transmission structure, and Commissioner Macht wanted to change it L- JAN 5 124 BOOK 91 f,mUF 42.01 J A N 5 19 94, BOOK 91 FACE 422 that definition to include only the tower, but Commissioners Adams and Bird agreed that it needs to be the total height. MOTION WAS MADE by Commissioner Bird, SECONDED by Commissioner Eggert, to delete the notarized letter requirement; to be sure the terms 70 feet, above 70 feet, and 70 or more feet, are consistent; to reduce the guy wire anchor setback from 10 feet to 5 feet from the property line; and to allow towers from 70 to '140 feet as an administrative permit use as proposed in staff's memorandum. Director Boling suggested the definition of tower as "everything above the ground, tower and antenna." Commissioner Eggert preferred to simplify it to "overall structure." Director Boling assured the Board that we will have consistent terms throughout the ordinance. THE CHAIRMAN CALLED FOR THE QUESTION. It was voted on and carried unanimously. FISHING -RELATED COMMERCIAL SALES AND SERVICES Planning Director Stan Boling continued his presentation: •Fishing -related Commercial Sales and Services Section 3 of the draft ordinance involved the LDR amendment proposal to allow fishing -related commercial sales and services as a special exception use in the A-2 and A-3 agricultural zoning districts. At its December 14th meeting, the Board determined that such commercial uses would not be compatible in agriculturally designated and zoned areas. The Board found the proposed LDR amendment to be.inconsistent with the existing LDRs, with the comprehensive plan AG -2 and AG -3 agricultural land use designations, and with the existing and proposed land uses in the A-2 and A-3 zoned areas. Based.upon these findings, the Board indicated that it would deny the requested amendment. Therefore, staff has deleted from the ordinance the fishing -related commercial sales and service amendment proposed by Warren Dill on behalf of Richard Green. As a result of deleting that section, sections 4-14 of the draft ordinance are now sections 3-13 of the "final" ordinance (see attachment #2). In regards to these sections, no changes have been made to the amendments shown in the draft ordinance. 12 I r In planning staff's opinion, all of the revisions described above reflect the direction given to staff by the Board at its December 14th meeting. The Board is now to consider final adoption of the proposed ordinance. RECOMMENDATION: Staff recommends that the Board of County Commissioners adopt the proposed ordinance containing amendments to the county's land development regulations (LDRs). The Chairman opened the public hearing and asked if anyone wished to be heard in this matter or in regard to the other amendments to the Land Development Regulations. There being none, he closed the public hearing. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Macht, the Board unanimously adopted Ordinance 94-1, amending the following chapters of the Land Development Regulations (LDRs): Chapter 901, Definitions; Chapter 904, Nonconformities; Chapter 911, Zoning; Chapter 912, Single Family Development; Chapter 917, Accessory uses and structures; Chapter 925, Open Burning/Air Curtain Incinerator Regulations; Chapter 932, Coastal Management; Chapter 971, Regulations for Specific Land Use Criteria; and Chapter 972, Temporary Uses, and providing for repeal of conflicting provisions, codification, severability and effective date. 13 BOOK 91 PAGE 423 � JAN 5 1,994 � JAN 5 1994, ORDINANCE 94-01 sooK 91 FACE 424 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 912, SINGLE FAMILY DEVELOPMENT; CHAPTER 917, ACCESSORY USES AND STRUCTURES; CHAPTER 925, OPEN BURNING/AIR CURTAIN INCINERATOR REGULATIONS; CHAPTER 932, COASTAL MANAGEMENT; CHAPTER 971, REGULATIONS FOR SPECIFIC LAND USE CRITERIA; AND PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS, CODIFICATION, SEVERABILITY AND EFFECTIVE DATE. BE IT ORDAINED by the Board of County Commissioners of Indian River County that the Indian River.County Land Development Regulations (LDRs) be amended as follows: SECTION l: Burning of Landclearing Debris SECTION 1A. Section 901.03 is amended to delete the definition of "Private land clearing debris burning facility" as follows: SECTION 1B. A portion of the section 911.06 use table is hereby amended to delete the "Private land clearing debris burning facilities" category, as follows: A-1 A-2 A-3 RFD RS -1 SECTION 1C: Section 925.04(6) is hereby amended to read as follows: (6)(a) Except for transportation to sanitary landfills which are permitted and approved in accordance with Chapter 403, Florida Statutes, and Chapter 17-701, Florida Administrative Code, or debris transported to other disposal or recycling facilities approved by the county as burn, recycling, or disposal sites, m and except as allowed under section 925.04(6)(b) and (c), below, it is unlawful to transport land clearing debris from one parcel to another parcel. (b) Laindclearing debris generated from a parcels) 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 clearin and incinerated under the provisions of . . .. - sections 925.05-925.09. (cZ The Board of Coun establish temporary emergencies, such oenerate heavv demaj Commissioners n sites and fac hurricanes a for disposal'of authorize and ties in cases of freezes, that 7etative debris. Coding: Words in MITITSESTUMM type are deletions from existing law. Words underlined are additions. 1 14 M ORDINANCE 94- l M AND Section 925.07(3) is hereby established to read as follows: (3) Temporary landclearing debris air curtain incinerator sites may be approved if the following requirements and standards are met: (a) A scaled drawing is submitted noting the number of estimated daily project trip ends, and showing the proposed site, burn pit area, debris storage (stockpile) area and dimensions, required set -backs, driveway accessing the burn pit area, access to surrounding roadways, primary haul route, setbacks to occupied structures, type of incinerator and location of incinerator set-up. The scaled drawing is not required to be prepared by a professional engineer or surveyor. If the prosect is estimated to generate more than twenty (20) trip ends per day, then the access to surrounding roadways, and primary haul route must be approved by the public works director as adequate to handle the volume and type of anticipated traffic in relation to the site, surrounding The burn permit shall be valid for a period of no more than 180 days on any given site in any one year period. (c) The site shall have direct access to either a thoroughfare plan road or a local road that has a traffic volume of less than forty (40) trip ends per day at the time of permit (d_ If the project is estimated to generate more than twenty (20) trip ends per day and if any of the debris hauling route(s) associated with facility operation is over county maintained, unpaved roads, then the applicant must escrow with the public works department $1,000.00 for extraordinary roadway maintenance for every 20 daily project trip ends. At the end of the permit period if the public works department determines that no extraordinary road maintenance was performed or is required due to the project operation, then the department shall return the escrowed funds to the applicant. (e) Burn pit area. Burn pit areas shall meet applicable zoning district setbacks, shall be located at least one hundred (100) feet from any tree line or brush line, and shall at all times be located within fifty (50) feet of an all weather roadwav surface sufficiently compacted and maintained to accommodate fire vehicle and apparatus movement. (f) Debris storage (stockpile) areas. 1. Individual stockpiles shall have a maximum base dimension (at ground level) of fifty ( 5 0 ) feet by one hundred (10 0 ) feet, and a maximum height above ground level of fifteen (15) feet. A minimum twenty (20) fotot wide fire lane shall be maintained between individual piles Where individual stockpiles are located within one thousand (1,000) feet of a fire hydrant, measured in the manner that a fire hose is laid, such stockpiles shall have a maximum base dimension (at ground level) of seventy-five (75) feet by one hundred twenty-five (125) feet and a maximum heicht above around l ava+l of th.i rty t in i fee,. 2. Individual stockpiles shall meet applicable zoning district setbacks, shall be located at least one hundred (100) feet from any brush or tree line, and at least one hundred (100) feet from the nearest edge of the burn pit Coding: Word$ in . type are deletions from existing law. Words underlined are additions. 2 15 sooK 91 Fa f4 *5 JAN' 5 194 (3) Private land clearing debris burning facilities (special =xception) (a) Districts requiring special exception approval (pursuant to _the provisions of 971.05): A -l; A-2, A-3. (b) Additional information requirements: A site plan meeting all the_reldirements of Chapter 914,.which shbwsj _ The location and specification -of all screening materials;:thb location and designation of all thoroughfate roads whith setvethe site; and occupied structures within five hundred (500) feet of the burn area,, the'locatioh bf proposed stockpiles and the burn area; and all rectuired setbacks. (c) Criteria for land clearing debris burning facilities: 02i�­ There, shall be;, at minimum, a five hundred -foot sbpardtiofi distancd between the bush dtea of the facility and any oceupied:.sttuctukd in existeftce at the tithe of the site plahapplication. Theuse shall be limited to property with an AG -1 AG -2, mor AG -1 land use plan do8ighatibi 3, The.facility.shall have directaccess.to a thoroughfare plah.w fbad; oi` dirbct access to a ` tionthc�f}tiughfate pian road ` that" ,has . a"traffic Volutfie of lest ;I -E ah. fbkty ttips ends'pe-f day. 4. No_debris.-storage or burn,,. area shall berwithin.three _hdhdred ( 300 ) feet of .ahy property 11h6. 5. - Prior to site plan release the applicant must provide the L ty d edpy of the appropriate f"iorida bepartrtle�tt of oval or letter of no objectiofi f�titn 'VbDt� £for theosed btoject. 6. The facility must be approved by the Indian River County solid Waste bisposal District (sWob)board. A Type "A" buffer must be provided on all boundaries abutting residentially used or tesidehtially designated aroberty. The volume of stockpiled land clearing debris on site shall hot exceed the thitty-day bush Volume capacity of the-incineratbr, Thb site pian application shall show how the Volume of all stockpile areas.,oti the site 'shall be-lifttited to the thirty -day burn volume capacity of the incinerator. If any, of the debris hauling route(s) associated with facility operation is over county maintained, unpaved roads, the applicant must maintain that 'section of the hauling route during the debris hauling activity, and security for this purpose may be required as determined by the couhty engiheer,:The provisions of section 934.09 of the county excavation and Mining ordinance shall apply to debris hauling activities associated with debris bufning facilities, in the same way said provisiohs apply to excavated m6 torial hauling activities associated with mining oberations. locked-ou ORDINANCE' 94- 01 SECTION 2: Communications Transmission Towers SECTION 2A: Section 901.03 is hereby amended to establish the definition of "transmission tower", as follows: Transmission tower: any structure on which an antenna is located and including the antenna and any structure 'functioning as an antenna. Tower height shall be measured vertically from the tower's ground elevation to the tower's highest point above the around. including the highest point of the antenna. SECTION 2B: A portion of the "Utility" category of the Section 911.06(4) use table is hereby.amended as follows: A-1 A=2 A-3 RFD RS -1 'Transmission towers Less than 70 feet in height P P P P- QP 70-140 feet in height A A A A A Over 140 feet in height S S S - - 'The requirements of section 917.06(11), of the Accessory Uses and Structures Chapter, shall apply to towers. ME SECTION 2C: A portion of the "Utility" category of the section 911.07(4) use table is hereby amended to read as follows: RS -2 RS -3 RS -6 RT -6 'Transmission Towers Less than 70 feet in height P P P P 70-140 feet in height A A A A Over 140 feet in height - - - - The requirements of section 91.7.06(11), of the Accessory Uses and Structures Chapter, shall apply to towers. SECTION 2D: A portion of the "Utility" category of the section 911.08(4) use table is hereby amended to read as follows: RM -3 RM -4 RM -6 RM -8 RM -10 'Transmission Towers Less than 70 feet in height P P P P P 70-140 feet in height A A A A A Over 140 feet in height - - - - _ The requirements of section 917.06(11), of the Accessory Uses and Structures Chapter, shall apply to towers. SECTION 2E: . A portion of the "Communications" category of the section 911.10(4) use table is hereby amended to read as follows: PRO OCR MED CN CL CG CH 2Transmission Towers Less than 70 feet in height PO 70-140 feet in height A� A A A Over 140 feet in height - - - - - - - 2The requirements of section 917.06(11), of the Accessory Use and Structures Chapter, shall apply to towers. 1 Coding: Words in . . . type are deletions from existing law. Words underlined are additions. 4 17 JAN BOOK 9 FAGF 2 r JAN 5 `14 ORDINANCE 94-0_ BOOK 91 FACE 98 SECTION 2F: A portion of the "Utility" category of the section 911.09(4) use table is hereby established as follows: !Transmission Towers Less than 70 feet in height 70-140 feet in height Over 140 feet in height s of section RMH-6 ' RMH-8 P P A A 11) , of the Access to towers. es SECTION 2G: A "Utility" category of the section 911.12(4) use table is hereby established as ,follows: Con -1 Con -2 Con -3 ZTransmission Towers Less than 70 feet in height _ P P 70-140 feet in height _ A A Over 140 feet in height ZThe requirements of section 917.06(11), of the Accessory Uses SECTION 2H: A portion of the section 911.13(2)(b) use table is hereby established as follows: R-BCID !Transmission Towers Less than 70 feet in height P 70-14,0 feet in height A Over 140 feet in height ZThe requirements of section 917 06(11), of the Accessory Uses --A 04--4-- aha 1 1 anni v to towers. SECTION 2I: A portion of the section 911.13(3)(c) use table "Utility" category is hereby established as follows: ROSE -4 !Transmission Towers Less than 70 feet in height P 70-140 feet in height A Over 140 feet in height ZThe requirements of section 917 06(11), of the Accessory Uses ="A Ct,-„rt,,.-oa rhantpr. . shall aDDiv to towers. SECTION 2J: A portion of the section 911.•13(4)(c) use table "Transportation and Utility Uses” category is hereby established as follows: AIR -1 !Transmission Towers Less than 70 feet in height P 70-140 feet in height A ' Over 140 feet in height ZThe requirements of section 917.06(11), of the Accessory Uses Coding: Words in • -• • type are deletions from existing law. Words underlined are additions.. 5 18 M M M M ORDINANCE 94- 01 transmissionSECTION 2K: Section 917.06(11) is hereby amended to read as 111) Towers; - Towers shall be measured the same as building height: (A) Towers up . thirty-five (35) 1 seventy" igh have no location restrictions and will have normal "Ptbacks for the applicable zoning districts: -- (B) cks. distr requirements for structures. (C) Proposals for towers which are seventy (70) feet or more in heightIII a@ &-am wel x wgylPip• • must be reviewed as an administrative permit or special exception use, as specified in Chapter 911 and Chapter 971. Towers shall meet the airport zoning ordinance requirements (see section.911.17). (D) Tower standards are located in Chapters 911) and I found in Chapter 911, 912, and 971. SECTION 2L: Section 912.15(4) is hereby amended to read as follows: 4) Towers; transmission and/or reception. • - measured• - the same as building - (a) Towers up to sevent (701 feet in hei ht shall • • • • = • • .. . - meet applicable zoning district building setbacks. (b) In to (c) Proposals for towers which a more in height • • :e EM sevent 70) feet or 55iF—MMiiiiiiH*�934i.'iM: must be reviewed as an administrative permit or special exception use, as specified in Chapter 911 and Chapter Coding: Words in • • -• • type are deletions from existing law. Words underlined are additions. 6 19 BOOK 91 FAUF 429 ®JAM 1994 r JAN 5 J994 BOOK 91 4.30 ORDINANCE 94-01 M Towers shall meet the airport zoning ordinance requirements (see section 911.17). e) Additional requirements relating to ,towers may be found in Chapter 911, 917, and 971. SECTION 2M: A portion of section 971.44(1) is hereby amended to read as follows: (1) Transmission towers M seventy (70) feet or more in height (radio, TV, and microwave) (administrative permit and special exception). (a) Districts requiring .administrative permit approval, (pursuant to the provisions of 971.04): Towers seventy (70) feet to one hundred forty (140) feet: A-1, A-2, A- 3, RFD, RS -1, RS -2, RS -3, RS -6, RT -6, RM -3, RM -4, RM -6, RM -8. RM -10, RMH-6, RMH-8, Con -2, Con -3, R -SCID, AIR -1, ROSE -4, PRO, OCR, MED, CN, CL, CG, CH, IL, IG. (b) Districts requiring special exception approval, (pursuant to the provisions of 971.05): Towers over one hundred forty (140) feet in height: A-1, A-2, A-3, IL, IG. (c) Additional information requirements: 1. Applicant shall present documentation of the possession of any required license by any federal, state or local agency; 2. A site plan, pursuant to the requirements of Chapter 914; 3. Additional . . -. . requirements relating to towers may also be found in • ym�wem Chapters 911, 912, and 917. (d) The following criteria must be used for administrative permit and special exception uses: 1.. All towers not related to amateur radio communications use shall have setbacks from all property lines equal to one hundred ten (110) percent of the height of the proposed structure. This setback provision may be waived or modified if the applicant submits a •• m 0 certified, signed and sealed statement from a Florida registered professional engineer stating that the tower would collapse within the designed and specified fall radius depicted on the plans. Coding: Words in . . . type are deletions from existing law. Words underlined are additions. 7 20 - M M ORDINANCE 94-0L Towers related to amateur radio communication use need only satisfy building_ setbacks for the zoning district in which the tower is located. This less 'stringent setback provision is in recognition of the FCC's PRB-1 nreemntion for amateur radio communications. 2. In m cases ® where the tower is not related to amateur radio communications use, the fall radius (one hundred ten (110) percent of the tower height or other approved design fall radius) shall not encroach upon existing off-site structures or adiacent residentially designated property; 3. The distance of any guy anchorage or similar device shall be at least five (5) feet from any property line; 4. All accessory structures shall be subject to the height restrictions provided in Accessory uses, Chapter 917; S. If more than two hundred twenty (220) voltage is necessary for the operation of the facility and is present in a ground grid or in the tower, signs located every twenty (20) feet and -attached to the fence or wall shall display in large bold letters the following: "HIGH VOLTAGE - DANGER"; 6. No equipment, mobile or immobile, which is not used in direct support of the transmission or relay facility shall be stored or parked on the site unless repairs to -the facility are being made (applies only on A-1, A-2, or A -3 -zoned property); 7. No tower shall be permitted to encroach into or through any established public or private airport approach M path as provided in the airport height limitations. All proposed towers shall satisfy the airport zoning ordinance requirements. 8. Towers proposed to be located in the RFD, RS -1, RS - 2, RS -3, RS -6, RT -6, RM -3, RM -4, RM -6, RM -8, RM -10, RMH-6, RMH-8, Con -2, Con -3, R -SCID, AIR -1, and ROSE -4 zoning districts shall be accessory to the principal site use and shall meet standard building code requirements for structures. SECTION 3: Option for Reducing Golf Course Building Setback Section 971.40(3) is hereby amended to read as follows: (3) Golf courses and accessory facilities (administrative permit and special exception). (a) Districts requiring administrative permit approval, (pursuant to the provisions of 971.04): A-1, A-2, A-3. (b) Districts requiring special exception approval, (pursuant to the provisions of 971.05): RFD, RS -1, RS -2, RS -3, RS -6, RT -6, RM -3, RM -4, RM -8, RM -10, RMH-6, RMH-8, ROSE -4, RM -6, AIR -1. Coding: Words in . -. type are deletions from existing law. Words underlined are additions. 8 21 BOOK 91 Fr,JE 431 L_ JAN 5 1994 J AN 5 19,94 BOOK 91 FACE 432 ORDINANCE 94-0_ (c) Additional information requirements: 1. The location and designation of all zoning and land use designations abutting the site; 2. A site plan meeting the requirements of Chapter 914. (d) Criteria for golf courses and accessory facilities: 1. Golf courses and accessory facilities shall not- be interpreted to include free-standing commercial miniature golf courses and/or driving ranges or other unenclosed commercial amusements; 2. No major accessory use'or principal building or structure shall be located closer than one hundred (100) feet to any lot line which abuts a residentially designated property; however, the 100 foot setback may be reduced to normal zoning district setbacks if the use of the abutting residentially designated property is non- residential (e.g. institutional, recreation, community services uses) and if a type "B" buffer with 61 opaque feature is provided between the building and structures and the abutting residentially designated property. 3. Golf courses shall, to the most reasonable extent, retain and preserve native vegetation over at least thirty (30) percent of the total upland area of the course due to their characteristically high water demand and heavy nutrient loads; 4. The golf courses shall be designed so that any lighting is shielded and directed.away from residential areas; 5. Type "B" screening shall be provided between golf maintenance facilities and adjacent residentially designated property within two hundred (200) feet of the golf maintenance facility. SECTION 4: Group Homes in Mobile Home Districts. A. A portion of the "Institutional" category of the section 911.09(4) use table is hereby amended to read as follows: RMH-6 RMH-8 Group home (level I) A P Group home (level II & III) S A_ Group home (residential center) S S Adult congregate living facility S A (20 resident maximum) Adult congregate living facility S S (21+ residents) B. Section 971.28(3)(a) and (b) are hereby amended to read as follows: (3) Group homes: Level I, II, and 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, RMH-6, AIR -1; Level II, III, and ACLF (20 residents maximum): RM -8, RM -10.L RMH-8. Coding: Words in • -• • type are deletions -from existing law. Words underlined are additions. 9 22 ORDINANCE 94- 01 (b) Districts requiring special exception approval, (pursuant to the provisions of 971.05): Level II, III, and ACLF (20 residents maximum): RT -6, RM -3, . RM -4, RM -6, RMH-6; residential centers and ACLF (21+ residents): RM -3, RM -4, RM - 6, RM -8, RM -10, CL, CG, CH, RMH-6, RMH=8. C. A portion of the "Institutional" category of the section 911.08(4) use table is hereby amended to read as follows: RM -3 'RM -4 RM -6 RM -8 RM -10 Group homes (Residential centers) S S S Adult congregate living facility IS! S IS! S S (21+ residents) SECTION 5: Clarification of Lot Widths and Setbacks on Flag Lots and Lots on -Curvilinear Streets and Cul-de-sacs SECTION 5A. Section 901.03 is hereby amended to establish the definition of "Flag lot", as follows: Flag lot • a lot or parcel shaped such that the majority of lot area does not front on a road right-of-way but is connected to -a road right-of-way by a strip of lana narrower znan Lae aPP-Lxuaij.Lw minimum lot width. SECTION .5B. Section 901.03 is hereby amended to amend the definition of "Lot width", as follows: Lot width: the horizontal distance between side lot lines measured at the required front yard • • e setback line alon a straight line parallel to the front property line. • • - For lots fronting on curvilinear streets or cul -de -sacs, -the lot width shall be the greatest horizontal distance -between the side lot lines measured along a straight line running parallel to the chord. For flag lots, the lot width shall be the horizontal distance between side lot lines FRONTYARD SETBACK i LOT WIDTH FOR LOTS ON CURVILINEAR STREETS OR CUL-DE-SACS at the front Chord line on curve ROAD or cul-de-sac Front yard setback starts at front �. ZU'.3D- property lire Front setback linear LOT WIDTH: greatest distance parallel to chord line FRONTYARD SETBACK 6 LOT WIDTH REGULATIOtiS FOR FLAG LOTS ROAD Front yard setback measurement starts where majority of lot area begins tD•-3o• front Yard Setback line LOT W1 leassured at front yard setback line) SECTION 5C.- Section 901.03 is hereby amended to amend the definition of "Setback", as follows: Setback the minimum horizontal distance between the front, rear or side lines of the lot and the front, rear or side lines of the building including porches, carports, and accessory uses subject to vard encroachment provisions of Chapter 911, Zoning. • na For flag lots, the front yard setback shall )e line where the majority of the lot area meets t land that connects the lot to road right-of-wav Coding: Words in 0 type are deletions from existing law. Words underlined are additions. 10 23 JAN 5 1,994 BOOK 91 FAGE 433 JAN ORDINANCE 94- 01 BOOK 91 FACE 434 -7 SECTION 6. Clarification of Single -Family and Duplex Development on Single Lots SECTION 6A. Section 904.09(1) is hereby amended, as follows: (1) When a parcel has an area smaller than the requirements of the zoning district in which it is located, but was a parcel of record when this regulation was adopted, the permitted use of the zoning district will be allowed, providing all requirements, other than minimum parcel size, are satisfied. This provision shall not be construed to permit more than one dwelling unit on a parcel with less parcel area per ® unit than required for the district in which such parcel is located. SECTION 6B. A portion of the size and dimension criteria table of Section 911.07(7) is hereby amended, as follows: Regulation Unit RS -2 RS -3 RS -6 RT -6 Minimum lot width feet 100 80 70 70 • - 11 :1 m 1 SECTION 6C. A portion of the size and dimension criteria table of Section 911.07(7) is hereby amended as follows: Regulation Unit RM -3 RM -4 RM -6 RM -8 RM -10 Minimum lot width gol feet 80 80 70 70 70 10100010601=90 - 11 11 11 11 SECTION 7:.,'Construction of Walls and Fences in Easements Section 917.06(12)(A) shall be modified as follows: (12) Walls and fences. (A) Generally. Fences and walls shall not be constructed on or over any dedicated public drainage or utility easements or public rights-of-way, except: 1. in agricultural districts where such walls and fences may be authorized upon written consent of the public authority to which the easement is dedicated, or 2. where a covenant for removal of structure reuest has been approved by the county, or _. • 3. where public works department approval has been granted or a right-of-way permit has been issued for placement of a structure(s) within an easement nr riaht-of-wav_ SECTION 8: Coastal Development SECTION 8A: Section 932.06(10).is hereby amended, as follows: (10) Beachfront Development All ro ects constructed between the Florida Department UL = - Environmental Protection Coastal Construction Control Line and the County Dune Stabilization Setback Line shall demonstrate compliance with the FDEP Coastal Construction Coding: Words in • -. • type are deletions from existing law. Words underlined are additions. 11 24 - M M ORDINANCE 94-01 Control Line regulations as established in Chapter 161, Florida Statutes, and as specified in this chapter. In addition, the standards for protecting dune vegetation, as established, shall be satisfied. (a) No building, excavation or man-made structure, except approved dune crossover structures or other similar minor structures as defined by the Florida Department of •- . Environmental Protection shall be located seaward of the County Dune Stabilization Setback Line. (b) All new development desiring beach access shall be required to install, maintain and utilize dune crossover structures as approved by Indian River County and the Florida Department of - M Environmental Protection. Dune crossover design and maintenance shall be in compliance with the provisions set forth by the = FDEP and all applicable county regulations including the following: 1. Dune crossovers shall be wood -pile supported and elevated above the dune vegetation; they shall be elevated a minimum of twenty-four (24) inches above..- •• - .•- rade in all areas as measured to the bottom of the walkway support members, with the exception of access stairs and ramps. Dune crossovers shall generally be located perpendicular to the shoreline where crossing dunes. Covered or roofed viewing areas shall not exceed twelve (12) feet in height as measured from mean crossover elevation to mean height between the eaves and ridge for sloped roofs, the highest point for flat roofs, and the deck line of mansard roofs. SECTION 8B: Section 932.09(2) is hereby amended, as follows: (2) New development. It is the policy of the Indian River County board of county commissioners that no artificial light illuminate any area of the beaches of unincorporated Indian River County, Florida, during the period'of the year when sea turtles nest. To meet this intent, building and electrical plans for construction of single-family or multi -family dwellings, commercial or other structures, parking lots, dune walkovers, and other outdoor lighting for real property, if lighting associated with such construction or development can be seen from the beach, shall be in compliance with the following: (a) Floodlights shall be prohibited. Wall -mounted light fixtures shall be fitted with hoods so that no light illuminates the beach. Coding: Words in MVtype are deletions from existing law. Words underlined are additions. 12 25 9 BOOK 91 PAGE 435 BOOK 91 PAGE 436 ORDINANCE 94-()j_ (b) Pole lights shall be shielded in such a way that light will not illuminate areas other than the specific property boundaries of the subject site and shall not illuminate the beach or dune area on the seaward side of the pole. Outdoor lighting shall be held to the minimum necessary for security and convenience. (c) Low -profile luminaries shall be used in parking lots, and such lighting shall be positioned so that no Jight illuminates the beach. (d) Dune crosswalks shall utilize low -profile shielded luminaries. (e) Lights on balconies shall be fitted with hoods so that lights will not illuminate the beach. (f) Tinted or filmed glass shall be used in windows and glass doors facing the ocean •• (g) Temporary security lights at construction sites shall 'not be mounted more than fifteen (15) feet above the ground. Illumination from the lights shall not spread beyond the boundary of the property being developed, and in no case shall those lights illuminate the beach. SECTION 8C: Section 932.09(4) follows: (4) Existing Development is hereby amended to read as To meet the intent of this section, lighting of existing structures which can be seen from the beach shall be in compliance with the following: (a) Lights illuminating buildings or associated grounds for decorative or recreational purposes shall be shielded or screened such that they are not visible from the beach, or turned off after 9:00 p.m. during the period from ® March 1 to October 31 of each year. (b) Lights illuminating dune crosswalks of any areas oceanward of the dune line shall be turned off after 9:00 p.m. during the period from = March 1 to October 31 of each year. (c) Security lighting shall be permitted throughout the night so long as low -profile luminaries are used and screened in such a way that those lights do not illuminate the beach. The use of motion detector switches are encouraged. Coding: Words in •• -. . type are deletions from existing law. Words underlined are additions. 13 26 171 ORDINANCE 94- 01 (d) Window treatments in windows facing the ocean above the first floor:of single and multistory structures are required so that interior lights do not illuminate the beach. The use of tint or film on windows or awnings is preferred; however, the use of black -out draperies or shade screens will suffice. SECTION 9: Limited & Heavy Utilities Uses in Single Family Zoning Districts SECTION 9A: A portion of the "Utility" category of the section 911.07(4) use table is hereby amended to read as follows: RS -2 RS -3 RS -6 RT -6 Limited public & private utilities �S �S �S Public & private utilities heavy S S S L SECTION 9B: Section 971.44(2)(a) is hereby amended to read as follows: (2) Utilities, public and private; heavy (special exception). (a) Districts requiring special exception approval, (pursuant to the provisions of 971.05): A-1, A-2, A-3, RFD, RS -1, RS -2, RS -3, RS -6, RT -6, RM -3, RM -4, RM -6, RM -8, RM=10, RMH-6, RMH-8, CH, IL, IG. SECTION 9C: Section 971.44(3)(a) & (b) is hereby amended to read as follows: (3) Utilities, public and private; limited (administrative permit and special exception). (a) Districts requiring administrative permit approval, pursuant to the provisions of 971.04): ® - RMH-6, RMH-8, OCR, MED, CN, CL, CG, CH, A-1, A-2, A-3. (b) Districts requiring special exception approval, (pursuant to the provisions of 971.05): RFD, RS -1, RS -2, RS -3, RS -6, RT -6, R -SCID, ROSE -4, RM -3, RM -4, RM -6, RM -8, RM -10, AIR -1, CRVP. SECTION 10: 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 11: 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. 14 27 BOOK 91 �Af. 437 L_ JAN 5 199i3 r-JAN5 le'919��. r BOOK 91 Ft.GE438 -1 ORDINANCE 94-o_ SECTION 12: SEVERABILITY If any section, part of a sentence, paragraph, phrase or word of this ordinance is for any reason held to be unconstitutional, inoperative or void, such holdings shall not affect the remaining portions hereof and it shall be construed to have been the legislative intent to pass this ordinance without such unconstitutional, invalid or inoperative part. SECTION 13: 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 5 day of _J.&Auar,. 1994. This ordinance was advertised in the Vero Beach Press -Journal on the 8 day of December , 1993, and on the _30-- day of December , 1993, for public hearings to be held on the 1_ day of ueceMDer , 1993, and on the 5 day of January , 1994 at which time at the final hearing it was moved for adoption by Commissioner Eggert , seconded by Commissioner Macht , and adopted by the following vote; Chairman John W. Tippin Aye Vice Chairman Ken Macht Ave Commissioner Fran B. Adams Ave Commissioner Richard N. Bird Aye Commissioner Carolyn K. Eggert Ave BOARD OF COUNTY COMMISSIONERS OF I�IAI�j, RIVRrCOUATTY , ATTEST BY: Jeffrey Barton, CIM .may . U;;?4� , Ye - Acknowledgement by the Department of State of the State of Florida this 18th day of January , 1994. Effective Date: Acknowledgement from the Department of State received on this 21st day of January , 1994 at 10:00 A.M./&aa'f• and filed in the office of the Clerk of the Board of County Commissioners of Indian River County Florida. Coding: Words in • • type are deletions from existing law. Words underlined are additions. 15 28 ORDINANCE 94-01 APPROVED AS TO FORM AND LEGAL SUFFICIENCY. 4, ee. � William G. ColTlins, II, Deputy County Attorney u\c\s\8thrnd.ldr APP OVED AS TO PLANNING MATTERS Robert M. Keatin AIC , Community Develop ent irector Coding: Words in • -• • type are deletions from existing law. Words underlined are additions. 16 There being no further business, the Board adjourned at 6:06 p.m. ATTEST: J. rton, Clerk P�7 L_ JAN 5 1994 'rJofth -W. Tippi airma BOOK 91 FAA q�39