HomeMy WebLinkAbout2018-017ORDINANCE 2018-_Qi_7_
AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, CONCERNING
.AMENDMENTS TO ITS LAND DEVELOPMENT REGULATIONS (LDRS); PROVIDING
FOR AMENDMENTS TO CHAPTER 912 SINGLE-FAMILY DEVELOPMENT, AND
CHAPTER 913, SUBDIVISIONS AND PLATS; BY AMENDING SECTIONS 912.06(1),
PROPERTY "BUILDABILITY"; DETERMINING IF A PARCEL CAN BE BUILT UPON;
913.06(4), COMPLIANCE REQUIRED; 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 912, SINGLE-FAMILY DEVELOPMENT AND
CHAPTER 913, SUBDIVISIONS AND PLATS, BE AMENDED AS FOLLOWS:
SECTION #1:
Section 912.06. Property "buildability"; determining if a parcel can be built upon.
No property may be built upon unless it was legally created, in conformance with the
subdivision ordinance (Chapter 913) and the applicable zoning district lot dimensional standards
found in Chapter 911, Zoning.
(1) Determination of legal parcel creation. A parcel shall be determined to be legally created
in compliance with the regulations of this chapter if the parcel meets one or more of the
following:
(A) The parcel was created under an applicable exemption set forth in section 912.06(2)
below; or
(B) The parcel is part of an approved subdivision plat recorded in the official plat book
sections of the public records; or
(C) The parcel was created as part of an approved affidavit of exemption as provided for
in the affidavit of exemption section 913.06(5) 4his ehep er; or
(D) The parcel was created in such a manner that does not constitute an unlawful activity
. as specified in section 912.06(3) below;
No building permit shall be issued for construction of any improvements on a parcel that
was not legally created in compliance with these regulations.
SECTION #2:
Amend LDR Section 913.06(5), Affidavit of exemption; as follows:
(5) Affidavit of exemption. An affidavit of exemption from certain requirements of section
913.08 may be applied for in conjunction with proposals to create parcels containing more
than two hundred thousand (200,000) square feet.
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ORDINANCE 2018-017
(A) All affidavit of exemption application/requests shall be exempt from the following
portions of section 913.08 (Required Improvements):
913.08 (1)(A) -Streets
913.08(1)(C) -Utilities systems
913.08(1)(D) -Erosion control provisions
913.08(1)(E)-Stormwater and floodwater management system according to Chapter
930
913.08(1)(F) -Street
signs and traffic control markings and signs
913.08(1)(G)
-Permanent control points
913.08(2)(A)
-Bikeways
913.08(2)(B) -Sidewalks
913.08(2)(C) -Alleys
913.08(2)(D)
-Buffering facilities and areas
913.08(2)(E) -Fire
hydrants
913.08(2)(F) -Parks
and recreational areas and facilities (see section 913.09(20)
913.08(2)(H)
-Curbing
913.08(2)(I) -Street
lights
913.08(2)(x)
-Bridges and culverts when necessary
913.08(2)(L) -Filling
and drainage as necessary
913.08(2)(M)
-Traffic control devices as necessary
913.08(2)(N)
-Header curbs
913.08(2)(R)
-Transportation system improvements (off-site and on-site)
(B) The following required improvements/design standards shall apply to all affidavit of
exemption application/requests:
913.08(1)(B) -Easements
913.08 (1)(H) -Rights-of-way
913.08(1)(I) -Trees and vegetation protection
913.08(2)(G) -Beach access structures and areas
913.08(2)(0) -Native vegetation preserve areas
913.08(2)(P) -Environmentally sensitive land preserve areas
913.08(2)(Q) -Emergency access
913.08(2)(S) -Marginal and limited access easements
913.08(2)(T) -Other provisions as may be required by land development regulations.
1. Right-of-way width and dedication standards and requirements shall apply to
affidavit of exemption application/requests.
2. No platting is required unless it is necessary to provide road right-of-way frontage
for the proposed parcel(s).
(C) 1. No affidavit of exemption development or aggregation of proposed affidavits of
exemption shall be approved as an affidavit(s) of exemption if such development
proposes the creation of twenty (20) or more parcels. Any proposal to create twenty
(20) or more building sites via proposed development or aggregation of
developments shall constitute a subdivision and shall require approval as a
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ORDINANCE 2018- 017
subdivision or agricultural planned development (P.D.). All provisions of this
chapter shall apply.
2. Each parcel resulting from the proposed division of land shall contain five (5) or
more acres, except as allowed below. When the tract prior to dividing is a size
which is not an even multiple of five (5) acres and does not lend itself to division
into lots each containing more than five (5) acres, a fractional breakdown resulting
in lots of equal size not less than two hundred thousand (200,000) square feet in
size qualifies for this exemption provision.
3. If road right-of-way is
to be created, all requirements of this chapter 913 shall be complied with except for
those requirements or provisions specifically exempted in section 913.06(5)(A).
4. The applicant shall deed by donation to the county all rights-of-way necessary to
comply with the minimum local road right-of-way standards and all streets created
are at least the minimum street width required by section 913.09(3)(B).
5. Where a common area or private road right-of-way is created, the owner shall
establish a landowner's association and simultaneously file a declaration of
covenants and restrictions, acceptable in form to the county attorney, in the public
records providing for all common areas and rights-of-way to be dedicated to the
landowner's association and provisions made for their perpetual maintenance. The
plat or recordable map and declaration of restrictions shall contain
the following language in bold type:
"The common areas and rights-of-way are not dedicated to the public and will not
be maintained, repaired or improved by the county."
6. The owner shall file a declaration of restrictions prohibiting the voluntary division
of land encompassed within the project into lots that are less than two hundred
thousand (200,000) square feet in size unless such division is accomplished by
filing a plat approved by the county and meeting all standards required of
subdivisions under this chapter.
7. The owner shall file an "affidavit of exemption" plat or recordable map and any
associated recordable documents in the public records prior to dividing the land
which shall contain:
a. A legal description of the land. encompassed within the project and a certified
survey depicting all parcels created by the division, all private and public streets
and easements;
b. The official book, or plat book, and page number of official records of Indian
River County where the items required in paragraphs 3, 4, 5, and 6 may be
found; and
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The approval of the public works and community development directors and
the county attorney's office.
d. When the developer is not required to plat, as allowed by section
913.06(5)(B)2, the "Affidavit of Exemption" layout shall be prepared by a
registered surveyor on a 24" by 36" recordable may in a form acceptable
to the County Surveyor and County Attorney's Office:
e. The review timeframes and process for an affidavit of exemption
application shall follow the same timeframes provided for a preliminary
plat application [reference section 913.07(4)(f)1.
L It shall be the obligation of the applicant to have the appropriate approved
affidavit of exemption documents, including a plat or recordable map,
recorded in the public records.
(D) Application process for affidavit of exemption. All applications for affidavits of
exemption shall comply with the applicable procedural and informational
requirements of section 913.07(3), "formal pre -application conference" and shall be
reviewed and approved by the technical review committee (TRC).
SECTION #3: 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 #4: 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 #5: 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 #6: EFFECTIVE DATE
This Ordinance shall take effect upon filing with the Department of State.
This ordinance was advertised in the Press -Journal on the 2nd day of September , 2018, for
a public hearing to be held on the 18th day of September , 2018, at which time it was
moved for adoption by Commissioner zorc , seconded by Commissioner Flescher,
and adopted by the following vote:
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ORDINANCE 2018- 017
Chairman Peter D. O'Bryan AYE
Vice Chairman Bob Solari AYE
Commissioner Susan Adams - AYF
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 18th •.�Ss�o,"
5etpinber , 2018. J`a�.• .!yF .
BY: 6*c
Peter D. O'Bryan, Chlehrman
7 • Q�
ATTEST: Jef R. Smith, Clerk of Court and Compfitit:��N""._
BY:
Deputy Clerk
This ordinance was filed with the Department of State on the following date:
APPROVED AS TO FORM AND LEGAL SUFFICIENCY
&//&,. K .
Dylan Reingo d, OZnty Attorney
APPROVED AS TO PLANNING MATTERS
Stan Boling, AIC Co munity Development Director
September 19, 2018
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