HomeMy WebLinkAbout2018-006ORDINANCE 2018- 006
AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, CONCERNING AMENDMENTS
TO ITS LAND DEVELOPMENT REGULATIONS (LDRs); PROVIDING FOR AMENDMENT
TO CHAPTER 971, REGULATIONS FOR SPECIFIC LAND USES; BY AMENDING SECTION
971.11 SAME -UNENCLOSED; BY AMENDING SECTION 971.12 COMMERCIAL SERVICES,
BY AMENDING SECTION 971.13 COMMERCIAL USES, BY AMENDING SECTION 971.28
INSTITUTIONAL USES, BY AMENDING SECTION 971.41 RESIDENTIAL USES, BY
AMENDING SECTION 971.42 SALES; GENERAL MERCHANDISE, BY AMENDING
SECTION 971.45 VEHICULAR SALES, SERVICE AND STORAGE; AND BY PROVIDING FOR
REPEAL OF CONFLICTING PROVISIONS; CODIFICATION; SEVERABILITY; AND
EFFECTIVE DATE.
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER
COUNTY, FLORIDA THAT THE INDIAN RIVER COUNTY LAND DEVELOPMENT
REGULATIONS (LDRs) CHAPTER 971, REGULATIONS FOR SPECIFIC LAND USES, BE
AMENDED AS FOLLOWS:
SECTION 91:
Amend LDR Section 971.11(2), "Miniature golf courses"; as follows:
(2) Miniature golf courses (administrative permit: no plannin'a and zoninz commission review or
approval required if associated with a site plan reviewed as an administrative approval or
minor site plan and if courtesy sign postinz is provided on site prior to staff approval, and
special exception).
(a) District requiring administrative permit approval, (pursuant to the provisions of
971.04): CH.
(b) District requiring special exception approval, (pursuant to the provisions of 971.05):
CG.
(c) Additional information requirements: Plans and documentation shall be provided by the
developer as needed to demonstrate compliance with the following requirements.
(d) Criteria for miniature golf courses:
1. Bufferyard. A bufferyard having a minimum depth of seventy-five (75) feet when
adjacent to a single-family zoning district, fifty (50) feet when adjacent to a
multifamily district, shall be established and maintained as permanent open space
where the project site parcel abuts a residential zoning district. Within the
bufferyard, Type "A" screening shall be provided.
2. Exterior lighting. Lighting plans shall be provided (and implemented) which
demonstrate that no "spill over" from exterior light sources shall fall onto either
roadways or residential zoning districts that are adjacent to the project site.
3. Hours of operation. Where a project site is within two hundred (200) feet of a
residential zoning district, the establishment shall not be operated from 11:00 p.m.
to 7:00 a.m.
Bold Underline: Additions to Ordinance
c..a.�through: Deleted Text from Existing Ordinance
F:\Community Development\CurDev\Ordinances\20180rdinances\2018- 971.docx
ORDINANCE 2018- 006
4. Height limitations. Height limitations shall apply to all structures within the project
site.
5. Signs and images. All formed and fashioned images located outdoors, such as
representations of animals, windmills, recreated scenes, and others which are
visible from an adjacent roadway or residential zoning district shall be treated as
signs and shall be restricted by the zoning code sign regulations. Any formed or
fashioned images used outdoors which the developer demonstrates are not visible
from an adjacent roadway or residential zoning district shall be exempted from
sign regulations.
6. Noise. Where a project site is within three hundred (300) feet of a residential
zoning district, additional conditions may be added by the county to address
special noise impacts. Such conditions may include, but are not limited to,
setbacks, noise reducing buffers, restrictions on outdoor speakers and hours of
operation.
SECTION #2:
Amend LDR Section 971.12(1), "Building material sales and lumberyards" and LDR Section
971.12(2), "Outdoor storage (unenclosed)"; as follows:
(1) Building material sales and lumberyards (administrative permit: no planning and zoning
commission review or approval required if associated with a site plan reviewed as an
administrative approval or minor site plan and if courtesy sign posting is provided on site
prior to staff approval).
(a) Districts requiring administrative permit approval, (pursuant to the provisions of
971.04): CG.
(b) Additional information requirements:
1. A written statement defining the general inventory of materials to be sold on the
premises;
2. Statements disclosing the projected percentage of total sales to be derived from
wholesale activities;
3. A site plan showing the location of all principal structures and all on-site storage
areas.
(c) Criteria for construction material sales:
1. All materials to be sold on the premises must be completely screened from adjacent
properties and roadways;
2. On-site vehicular storage shall be limited to those vehicles used in the operation of
establishment;
3. Such establishments shall not include the manufacture of structural wood
components, roof trusses, wall units and other activities requiring the assembly of
wood products;
4. All wholesale activities shall be accessory to retail sales conducted on the site.
Bold Underline: Additions to Ordinance 2
strike through: Deleted Text from Existing Ordinance
F:\Community Development\CurDev\Ordinances\20180rdinances\2018- 971.docx
ORDINANCE 2018- 006
(2) Outdoor storage (unenclosed) (administrative permit: no planning and zoning commission
review or approval required if associated with a site plan reviewed as an administrative
approval or minor site plan and if courtesy sign posting is provided on site prior to staff
approval).
(a) Districts requiring administrative permit approval, (pursuant to the provisions of
971.04): CH.
(b) Additional information requirements: A site plan showing the location, dimensions, and
area of all enclosed storage areas and proposed unenclosed outdoor storage areas (which
shall consist of the entire area for storage and spacing between merchandise items).
(c) Criteria for outdoor storage (unenclosed):
1. Outdoor storage shall be accessory in terms of use to the principal use, and in no
case shall the outdoor storage area exceed seventy-five (75) percent of the total
square footage of the principal structure;
2. Items allowed to be stored outdoors shall be limited to vehicles and equipment
used in the operation of the establishment, stocking and sales display of items
allowed to be sold (retail) in the CH district;
3. For purposes of calculating parking requirements for outdoor storage of sales
display items, the standards used for the principal use shall apply;
4. All building setback requirements shall apply to the outdoor storage area(s);
5. All outdoor storage areas containing stock and sales display items shall be
completely screened (horizontal and vertical) from adjacent properties and
roadways;
6. The surface material(s) criteria for the outdoor storage area must be approved by
the public works department.
SECTION #3:
Amend LDR Section 971.13(2), "Veterinary clinic or animal hospital"; as follows:
(2) Veterinary clinic or animal hospital (administrative permit: no planning and zoning
commission review or approval required if associated with a site plan reviewed as an
administrative approval or minor site plan and if courtesy sign posting is provided on site
prior to staff approval).
(a) Districts requiring administrative permit approval, (pursuant to the provisions of
971.04): A-1, A-2, A-3, CL, CG, CH.
(b) Additional information requirements:
1. A statement from the applicant indicating the types of animals to be cared for and
the nature of all on-site facilities shall be submitted;
2. A site plan, pursuant to the requirements of Chapter 914.
(c) Criteria for veterinary clinic or animal hospital:
1. All facilities shall be located in an enclosed structure;
Bold Underline: Additions to Ordinance 3
Strike through: Deleted Text from Existing Ordinance
F:\Community Development\CurDev\Ordinances\20180rdinances\2018-_ 971.docx
ORDINANCE 2018- n06
2. Commercial boarding of animals may be allowed only as an accessory use and
only within a totally enclosed structure;
3. All buildings shall be soundproofed in such a manner that adequately mitigates
and/or attenuates noise impacts on adjacent properties.
SECTION #4:
Amend LDR Section 971.28(1), "Child care and adult care facilities" and LDR Section
971.28(4), "Homes for the aged, including nursing homes, rest homes, convalescent homes,
intermediate care facilities, and continuing care facilities"; as follows:
(1) Child care and adult care facilities (administrative permit. no planning and zoning
commission review or approval required if associated with a site plan reviewed as an
administrative approval or minor site plan and if courtesy sign posting is provided on site
prior to staff approval, and special exception).
(a) Districts requiring administrative permit approval, (pursuant to the provisions of
971.04): A-1 A-2 A-3 RFD RM -8 RM -10 RMH-6 RMH-8 ROSE -4 PRO OCR CN.
(b) Districts requiring special exception approval, (pursuant to the provisions of 971.05):
RS -1 RS -2 RS -3 RS -6 RT -6 RM -3 RM -4 RM -6 AIR -1.
(c) Additional information requirements:
1. A site plan which shows all adjacent paved public roads as well as the nearest
major thoroughfare, all off-street parking facilities, and the location and size of all
proposed buildings, structures and signs on the site and adjacent properties,
pursuant to the requirements of Chapter 914;
2. Evidence shall be provided that minimum requirements to qualify for a State of
Florida license have been satisfied;
3. Child care facilities shall describe the type of playground equipment and
playground area, if any, which is to be utilized.
(d) Criteria for child care or adult care facilities:
1. The site shall be located on a paved road with sufficient width to accommodate
pedestrian and vehicular traffic generated by the use. The facility shall be located
near thoroughfares, as designated in the county's major thoroughfare plan, so as to
discourage traffic along residential streets in the immediate area;
2. Special passenger loading and unloading facilities shall be provided on the same
site for vehicles to pick up or deliver clientele. Such facilities shall include
driveways that do not require any back-up movements by vehicles to enter or exit
the premises;
3. All regulations of the State of Florida that pertain to the use as presently exists or
may hereafter be amended shall be satisfied;
4. Child care facilities shall provide recreation area(s) and facilities that meet or
exceed applicable state standards. The applicant shall supply to the planning
division, prior to site plan approval, written acknowledgement from the state that
the proposed recreation area(s) and facilities meet or exceed applicable state
Bold Underline: Additions to Ordinance 4
Strike tfir Deleted Text from Existing Ordinance
F:\Community Development\CurDev\Ordinances\20180rdinances\2018-_ 971.docx
ORDINANCE 2018- 006
standards. The applicant shall provide either a six-foot opaque buffer or one
hundred fifty -foot setback between all outdoor recreation areas and adjacent
residentially designated properties.
A Type "C" buffer will be required, acceptable to the planning department.
(4) Homes for the aged, including nursing homes, rest homes, convalescent homes, intermediate
care facilities, and continuing care facilities (administrative permit: no planning and zoning
commission review or approval required if associated with a site plan reviewed as an
administrative approval or minor site plan and if courtesy sign posting is provided on site
prior to staff approval, and special exception).
(a) District requiring administrative permit (pursuant to provisions of 971.04): MED
(b) Districts requiring special exception approval, (pursuant to the provisions of 971.05).-
CL
71.05):CL CG.
(c) Additional information requirements:
1. A site plan, pursuant to the requirements of Chapter 914.
2. A license issued by the State of Florida, pursuant to Chapter 400 of the Florida
Statutes.
(d) Criteria for nursing homes, rest homes, convalescent homes and homes for the aged.
1. All such facilities shall be located near a collector or arterial roadway;
2. Type "D" buffering shall be required along the perimeter boundaries of the site.
Along boundaries where more intense buffering is required, the more intense
buffering requirement shall apply.
3. Adult congregate living facilities, nursing homes, homes for the aged, total care
facilities, group homes, and similar developments shall not be located in the
Coastal High Hazard Area.
SECTION #5:
Amend LDR Section 971.41(10), "Accessory single-family dwelling unit"; as follows:
(10) Accessory single-family dwelling unit:
(a) The construction of an accessory dwelling unit on a residentially zoned lot shall be
allowed subject to the provisions of section 971.41(10). The standards and requirements
of this section are intended to make available inexpensive dwelling units to meet the
needs of older households, single member households, and single parent households.
This is in recognition of the fact that housing costs continue to increase, that households
continue to decline in size, and that the number of elderly Americans is on the rise.
(b) Districts requiring administrative permit approval (no planning and zoning
commission review or approval required if associated with a site plan reviewed as
an administrative approval or minor site plan and if courtesy sign posting is
provided on site prior to staff approval), (pursuant to the provisions of 971.04):
Bold Underline: Additions to Ordinance 5
Strike -through Deleted Text from Existing Ordinance
F:\Community Development\CurDev\Ordinances\20180rdinances\2018-_ 971.docx
ORDINANCE 2018- 006
A-3
A-2
A-1
RFD
RS -1 RS -2 RS -3
RS -6
RT -6
RM -3
RM -4
RM -6 RM -8 RM -10
Con -2
Con -3
Rose -4
RMH-6
RMH-8
(c) Requirements of section 971.41(10) shall not supersede property owner deed
restrictions.
(d) Additional information required:
1. A site plan conforming to Chapter 914 requirements.
(e) Criteria for accessory dwelling units:
1. Accessory dwelling units shall be located only on lots which satisfy the minimum
lot size requirement of the applicable zoning district.
2. The accessory dwelling unit shall be clearly incidental to the principal dwelling
and shall be developed only in conjunction with or after development of the
principal dwelling unit.
3. Not more than one (1) accessory dwelling unit shall be established in conjunction
with a principal dwelling unit.
4. No accessory dwelling unit shall be established in conjunction with a multifamily
dwelling unit.
5. The heated/cooled gross floor area of the accessory dwelling unit shall not exceed
thirty-three (33) percent of the heated/cooled gross floor area of the principal
structure or seven hundred fifty (750) gross square feet, whichever is less. The
accessory dwelling unit shall be no smaller than three hundred (300) gross square
feet of heated/cooled area.
6. No accessory dwelling unit shall have a doorway entrance visible from the same
street as the principal dwelling unit.
7. Detached accessory dwelling units shall be located no farther than seventy-five
(75) feet in distance from the principal dwelling unit from the closest point of the
principal dwelling unit to the closest point of the accessory dwelling unit.
8. Excluding converted garage accessory dwelling units, the accessory dwelling unit
shall be designed so that the exterior facade material is similar in appearance to the
facade of the existing principal structure.
9. One (1) off-street parking space shall be provided for the accessory dwelling unit
in addition to spaces required for the principal dwelling unit.
10. The accessory dwelling unit shall be serviced by centralized water and wastewater,
or meet the health department's well and septic tank and drainfield requirements.
Modification, expansion or installation of well and/or septic tank facilities to serve
the accessory dwelling unit shall be designed in a manner that does not render any
adjacent vacant properties "unbuildable" for development when well and/or septic
tank facilities would be required to service development on those adjacent
properties.
11. No accessory dwelling unit shall be sold separately from the principal dwelling
unit. The accessory dwelling unit and the principal dwelling unit shall be located
Bold Underline: Additions to Ordinance 6
Strike through: Deleted Text from Existing Ordinance
FACommunity Development\CurDev\Ordinances\20180rdinances\2018- 971.docx
ORDINANCE 2018- 006
on a single lot or parcel or on a combination of lots or parcels unified under a
recorded unity of title document.
12. An accessory dwelling unit shall be treated as a multi -family unit for impact fees
and for traffic concurrency purposes, and the concurrency requirements of Chapter
910 for a multi -family unit shall be satisfied.
SECTION #6:
Amend LDR Section 971.42(3), "Drug stores"; as follows:
(3) Drug stores (administrative permit: no planning and zoning commission review or approval
required if associated with a site plan reviewed as an administrative approval or minor site
plan and if courtesy sign posting is provided on site prior to staff approval).
(a) Districts requiring administrative permit approval, (pursuant to the provisions of
971.04): CN OCR.
(b) Criteria for drug stores:
1. The facility must not exceed three thousand (3,000) square feet in gross floor area.
SECTION 97:
Amend LDR Section 971.45(5), "Used vehicle sales"; as follows:
(5) Used vehicle sales (administrative permit: no planning and zoning commission review or
approval required if associated with a site plan reviewed as an administrative approval or
minor site plan and if courtesy sign posting is provided on site prior to staff approval, and
special exception).
(a) Districts requiring administrative permit approval, (pursuant to the provisions of
971.04): CH.
(b) Districts requiring special exception approval, (pursuant to the provisions of 971.05).-
CG.
71.05):CG.
(c) Additional information requirements: A site plan meeting all of the requirements of
Chapter 914 which shows the approximate location and maximum number of
automobiles to be accommodated on the site.
(d) Criteria for used vehicle sales:
1. No such establishment shall be permitted on a lot of record having less than ten
thousand (10,000) square feet in a CG district or fifteen thousand (15,000) square
feet in a CH district;
2. All outdoor vehicular display areas and off-street parking areas shall have paved
surfaces which meet the standards of Chapter 954. For the purpose of this chapter,
vehicular display areas shall be paved areas where vehicles for sale are on display.
Bold Underline: Additions to Ordinance
St dEe through Deleted Text from Existing Ordinance
F:\Community Development\CurDev\Ordinances\20180rdinances\2018- 971.docx
ORDINANCE 2018- 006
Off-street parking areas shall be paved areas maintained for customer and
employee parking;
3. No vehicular sales office (building) shall be located closer than twenty-five (25)
feet to any property line except any property line that is abutting railroad right-of-
way in which case the structure shall not be located closer than ten (10) feet. Also,
no vehicular display areas shall be located closer than ten (10) feet to any property
line;
4. The site shall provide for separation of vehicular display areas and off-street
parking areas;
5. All designated outdoor vehicular display areas shall provide for a minimum of
three hundred (300) square feet per vehicle. Drives and maneuvering areas shall
be designed to permit convenient on-site maneuvering of the vehicles.
SECTION #8: SEVERABILITY
If any clause, section or provision of this Ordinance shall be declared by a court of competent
jurisdiction to be unconstitutional or invalid for any cause or reason, the same shall be eliminated
from this Ordinance and the remaining portion of this Ordinance shall be in full force and effect and
be as valid as if such invalid portion thereof had not been incorporated therein.
SECTION #9: REPEAL OF CONFLICTING ORDINANCES
The provisions of any other Indian River County ordinance that are inconsistent or in conflict with
the provisions of this Ordinance are repealed to the extent of such inconsistency or conflict.
SECTION 910: INCLUSION IN THE CODE OF LAWS AND ORDINANCES
The provisions of this Ordinance shall become and be made a part of the Code of Laws and
Ordinances of Indian River County, Florida. The sections of the Ordinance may be renumbered or
relettered to accomplish such, and the word "ordinance" may be changed to "section", "article", or
any other appropriate word.
SECTION #11: EFFECTIVE DATE
This Ordinance shall take effect upon filing with the Department of State.
This ordinance was advertised in the Press -Journal on the 25th day of February , 2018, for a
public hearing to be held on the 13th day of march , 2018, at which time it was moved
for adoption by Commissioner zorc , seconded by Commissioner Flescher , and
adopted by the following vote:
Chairman Peter D. O'Bryan AYE
Vice Chairman Bob Solari AYE
Commissioner Susan Adams AYE
Bold Underline: Additions to Ordinance 8
Strike through: Deleted Text from Existing Ordinance
F:\Community Development\CurDev\Ordinances\20180rdinances\2018- 971.docx
ORDINANCE 2018-06
Commissioner Joseph E. Flescher AYE
Commissioner Tim Zorc AYE
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY
The Chairman there upon declared the ordinance duly passed and adopted this 13th day of
March , 2018.
Peter D. O' Bryan, Chaim han s
i
ATTEST: Jeffrey R. Smith, Clerk of Court and
M
R COUN
4
Deputy Clerk
This ordinance was filed with the Department of State on the following date: aKA D/ �.
APPROVED AS TO FORM AND LEGAL SUFFICIENCY
i
Dylan Reingold, County Attorney
APPROVED AS TO PLANNING MATTERS
Stan Boling, AICP/ ommunity Development Director
Bold Underline: Additions to Ordinance 9
Strike through:: Deleted Text from Existing Ordinance
F:\Community Development\CurDev\Ordinances\20180rdinances\2018-_ 971.docx