HomeMy WebLinkAbout2018-023ORDINANCE 2018- 023
AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, CONCERNING AMENDMENTS
TO ITS LAND DEVELOPMENT REGULATIONS (LDRS); PROVIDING FOR AMENDMENTS
TO CHAPTER 911, ZONING; BY AMENDING SECTIONS 911.06, AGRICULTURAL AND
RURAL DISTRICTS; SECTION 911.07, SINGLE-FAMILY RESIDENTIAL DISTRICTS;
SECTION 911.08, MULTIPLE -FAMILY RESIDENTIAL DISTRICTS; 911.13, SPECIAL
DISTRICTS; AND CHAPTER 971, REGULATIONS FOR SPECIFIC LAND USES BY
AMENDING SUBSECTION 971.28(5), PLACES OF WORSHIP; 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, FLORIDA THAT THE INDIAN RIVER COUNTY LAND DEVELOPMENT
REGULATIONS (LDRS) CHAPTER 911, ZONING, AND CHAPTER 971, REGULATIONS
FOR SPECIFIC LAND USES BE AMENDED AS FOLLOWS:
SECTION #1:
Amend LDR Section 911.06(4), Uses; as follows:
(4) Uses. Uses in the agricultural and rural districts are classified as permitted uses, administrative
permit uses and special exception uses.
Site plan review shall be required for the construction, alteration and use of all structures
and buildings except single-family dwellings and permitted agricultural uses.
No residential development in agriculturally designated areas shall occur unless such
development is approved as a planned development and meets the requirements of section 911.14;
the following activities shall be exempt from this requirement:
(a) Construction of a single-family dwelling unit on a tract or parcel existing on October 1,
1990.
(b) Division of a tract or parcel into two (2) lots, each meeting or exceeding the minimum
lot size of the agricultural zoning district and meeting the lot split criteria of section
913.06(3); any subsequent split of such property shall require approval in accordance
with subdivision ordinance Chapter 913 requirements or planned development
requirements.
(c) Division of a tract into parcels of at least forty (40) acres in size.
(d) Division of a tract via a subdivision plat or affidavit of exemption approved in
accordance with subdivision ordinance Chapter 913 requirements.
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District
Uses
A-1
A-2
A-3
RFD
RS -1
Agricultural
!General farming
P
P
P
Dairy farming
A
A
A
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ORDINANCE 2018- 023
Livestock and poultry raising
P
P
P
-
-
Stables (noncommercial)
P
P
P
A
A
Stable (commercial)
P
P
P
-
Sludge spreading
A
A
A
-
Tree farms
P
P
P
-
Kennel and animal boarding places
Commercial
A
A
A
Noncommercial
P
P
P
P
A
Fruit and vegetable juice extractions and
packing houses
A
AA
-
Small animal specialty farms
A
A
A
-
Tenant dwelling
S
S
S
Residential migrant housing facility
S
S
S
Nursery and greenhouses
Noncommercial
P
P
P
A
A
Commercial (cultivation, wholesaling,
and off-site landscaping services allowed;
i no retail sales allowed on-site)
P
P
P
-
Agricultural businesses, excluding
wholesaling and processing
S
S
S
-
!Agricultural industries
S
S
S
-
Fish farms and water dependent plant
and/or animal production
A
A
A
-
Agricultural research facilities
A
A
A
-
Aquaculture
A
A
A
A
A
Fruit spreading (subject to subsection
917.06(15))
P
P
P
-
Residential
Accessory single-family dwelling unit
A
A
A
A
A
Single-family dwelling
P
P
P
P
P
Mobile homes
A
A
A
-
Accessory housing for night watchman
A
A
A
-
Guest cottage or servant's quarters
A
A
A
A
A
Single-family docks and private
observation/fishing piers on vacant lots
A
A
FA
A
A
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Bed and breakfast
A
A
A
-
Institutional
Child or adult care facilities
A
A
A
A
S
Foster care facilities
P
P
P
P
P
Cemeteries
S
S
S
S
S
Places of worship
SA
SA
SA
SA
$A
Group home (level I)
A
A
A
A
A
Group home (level II and III)
S
S
S
-
-
Community Service
Emergency services
P
P
P
P
P
Educational centers, including primary
and secondary schools
S
S
S
S
S
Correctional institutions
S
S
S
-
Cultural and civic facilities
S
S
S
S
S
Governmental administrative building
S
S
S
S
S
Colleges and universities S
Civic and social membership —FS
organizations (M-1 and M-2 areas only)
-
S
S
,Recreation
Country clubs
I A
I A
t A
S
S
Golf courses
A
A
A
S
S
Public parks and playgrounds
A
A
A
A
A
Major sports and recreation areas and
facilities
S
S
S
Dude ranch
S
S
S
-
Retreats and camps
S
S
S
S
S
Commercial hunting and fishing lodges
S
S
S
-
Off-road vehicle tracts (commercial and
noncommercial
S
S
S
Commercial
Fruit and vegetable stands
A
A
A
-
Veterinary clinic or animal hospital
A
A
A
-
Driving ranges
S
S
S
-
Fruit, vegetable and nursery retail sales
S
S
S
-
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ORDINANCE 2018- 023
Transportation and Utilities
Airports and airstrips
S
S
S
S
Communications towers (wireless
facilities including cell towers)
A/S2
A/S2
A/S2
A2
A2
Communications towers (non -wireless
facilities including TV and radio broadcast
towers)
Amateur radio (accessory use)
Less than 80 feet
P
P
P
P
P
80 feet or taller (see 971.44(4) for
special criteria)
S
S
S
S
S
Commercial
Up to 70 feet:
Camouflaged
P
P
P
P
P
Non -camouflaged
P
P
P
-
70 feet to 150 feet:
Camouflaged
A
A
A
A
A
Monopole (minimum of 2 users)
A
A
A
-
Not camouflaged and not monopole
A/S*
A/S*
A/S*
-
Over 150 feet:
All tower types (see 971.44(1) for
special criteria)
-
S
S
-
Utility
Fublic and private utilities, limited
A
A
A
S
S
Public and private utilities, heavy
S
S
S
S
S
Reservoirs, water farming
P
P
P
-
Industrial
Recycling center (including vegetation
debris mulching)
A
A
A
-
Small-scale bio -fuel processing plant
S
A
A
-
Large-scale bio -fuel processing plant
S
S
S
-
Mining
A
I A
I A
-
Very Heavy Industrial
Demolition debris site
S
S
S
-
-
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ORDINANCE 2018- 023
P - Permitted use
A - Administrative permit use
S - Special exception use
* See 971.44(4) to determine whether the administrative permit or special exception use process
applies.
1 The requirements of subsection 917.06(l 1), of the Accessory Uses and Structures Chapter, shall
apply to towers.
2 For wireless commercial facilities regulations, see subsection 971.44(5), Section 4 use table.
SECTION #2:
Amend LDR Section 911.07(4), Uses; as follows:
(4) Uses. Uses in the single-family districts are classified as permitted uses, administrative permit
uses, and special exception uses. Site plan review shall be required for the construction, alteration
and use of all structures and buildings except for single-family dwellings.
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District
iUses
RS -2 I
RS -3 I
RS -6
RT -6
Agricultural
Noncommercial kennel and animal boarding
places
A
A
A
Noncommercial nursery and greenhouse
A
A
A
A
'Noncommercial stable
A
A
A
A J
Residential
Accessory single-family dwelling unit
A
A
A
1
Small lot single-family subdivision
-
A
A
Single-family dwelling
P
P
P
P
SF dwelling (attached)
-
P
Duplex
P
Guest cottage and servant's quarters
A
A
A
A
Single-family docks and private
observation/fishing piers on vacant lots
A
A
A
A
Subdivisions with special side yards
-
A
-
Bed and breakfast
S
S
Institutional
Child or adult care facilities
S
S
S
S
Foster care facilities
P
P
P
P
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ORDINANCE 2018-_023
Group home (level 1)
-
A
A
A
(Adult congregate living facility (8 residents
Amax.)
A
A
A
Group home (level II & III)
-
S
Adult congregate living facility (20 residents
max.)
S
Places of worship
SA
SA
SA
SA
Cemeteries
S
S
S
S
Community Service
Emergency services
A
A
A
A
Educational centers including primary and
secondary schools
S
S
S
S
Governmental administrative building
S
S
S
S
Community centers
S
S
iColleges/universities
S
S
S
S
Libraries
-
S
S
!Recreation
Country clubs
S
S
S
S
Golf courses
S
S
S
S
Public parks and playgrounds
A
A
A
A
Private/public docks
S
S
S
S
Utility
Communications towers (wireless facilities
including cell towers)
A'
A'
A'
A'
Communications towers (non -wireless facilities
including TV and radio broadcast towers)
Amateur radio (accessory use)
Less than 80 feet
P
P
P
P
80 feet or taller (see 971.44(4) for special
criteria)
S
S
S
S
Commercial
Up to 70 feet:
Camouflaged
P
P
P
P
Non -camouflaged
-
-
-
70 feet to 150 feet:
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ORDINANCE 2018- 023
Camouflaged
A
A
A
A
Monopole (minimum of 2 users)
-
RM -10
-
Not camouflaged and not monopole
-
-
-
Over 150 feet:
A
A
A
A
All tower types (see 971.44(1) for special
criteria)
-
-
-
-
Limited public and private utilities
S
S
S
S
Public and private utilities heavy
S
S
S
S
P - Permitted use
A - Administrative permit use
S - Special Exception Use
1 For wireless commercial facilities regulations, see subsection 971.44(5), Section 4 use table.
SECTION #3:
Amend LDR Section 911.08(4), Uses; as follows:
(4) Uses. Uses in the multiple -family districts are classified as permitted uses, administrative permit
uses, and special exception uses. Site plan review shall be required for the construction, alteration
and use of all structures and buildings except single-family dwellings.
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i District
Uses
I RM -3
I RM -4
RM -6
RM -8
RM -10
Agricultural
Noncommercial nurseries and
greenhouses
A
A
A
A
A
Noncommercial stables
A
A
A
A
A
r
',Residential
Accessory single-family dwelling unit
A
A
A
A
A
Small lot single-family subdivision
-
A
A
A
Single-family dwellings
P
P
P
P
P
SF dwelling (attached)
P
P
P
P
P
Duplex
P
P
P
P
P
Multifamily dwellings
P
P
P
P
P
Single-family docks and private
observation/fishing piers on vacant lots
A
A
A
A
A
uses
RM4
RA4-4RM4
RM 8
RM 10
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ORDINANCE 2018- n?�
Bed and breakfasts
S
S
S
A
A
Residential resort
S
S
S
Guest cottage and servant's quarters
A
A
A
A
A
Small-scale Traditional Neighborhood
Design (TND)
A
A
A
A
A
Institutional
Child or adult care facilities
S
S
S
A
A
Foster care facilities
P
P
P
P
P
Group home (level 1)
A
A
A
P
P
Adult congregate living facility (8
residents maximum)
A
A
A
P
P
Group home (level II & III)
S
S
S
A
A
Adult congregate living facility (20
residents maximum)
S
S
S
A
A
Group homes (residential centers)
S
S
S
S
S
Adult congregate living facility (21+
residents)
S
S
S
S
S
Residential treatment centers
-
S
S
i Total care facilities
S
S
Places of worship
SA
SA
SA
A
A
Cemeteries
S
S
S
S
S
Community Service
Cultural and civic facilities
S
S
Emergency services
P
P
P
P
P
j Schools, primary and secondary
S
S
S
S
S
Colleges and universities
S
S
S
S
S
Libraries
S
S
I S
S
S
Community centers
S
S
S
A
A
Government administrative buildings
S
S
S
S
S
Civic and social membership
organizations
S
S
Recreation
Beach clubs
S
S
S
S
S
Country clubs
S
S
S
S
S
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ORDINANCE 2018- 023
Golf courses
S
S
S
S
S
Public parks and playgrounds
A
A
A
A
A
Tennis facilities
S
S
S
S
S
Yacht clubs
S
S
S
S
S
Health and fitness clubs
S
S
A
A
A
Public/private docks
S
S
S
S
S
Utility
Communications towers (wireless
facilities including cell towers)
A'
A'
A'
A'
A'
mmunications towers (non -wireless
ilitiesincludingadcast towers)
F
Amateur radio (accessory use)
Less than 80 feet
P
P
P
P
P
80 feet or taller (see 971.44(4) for
special criteria)
S
S
S
S
S
Commercial
Up to 70 feet:
Camouflaged
P
P
P
P
P
Non -camouflaged
-
-
-
70 feet to 150 feet:
Camouflaged
A
A
A
A
A
Monopole (minimum of 2 users)
-
-
Not camouflaged and not
j monopole
i
-
Over 150 feet:
All tower types (see 971.44(1)
for special criteria)
Limited public and private utilities
S
S
S
S
S
Public and private utilities heavy
S
S
S
S
S
P - Permitted use
A - Administrative permit use
S - Special exception use
' For wireless commercial facilities regulations, see subsection 971.44(5), Section 4 use table.
SECTION #4:
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ORDINANCE 2018- 023
Amend LDR Section 911.13(3)(c), Uses; as follows:
(c) Uses. Uses in the Rose 4 district are classified as permitted uses, administrative permit uses and
special exception uses. Site plan review shall be required for all uses except single-family dwellings
and mobile homes erected on individual lots. All new mobile home parks or subdivisions must be
platted and receive major site plan approval.
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ROSE -4
Agricultural Uses
Noncommercial kennel
A
Noncommercial stable
A
iNoncommercial greenhouse
A
iResidential Uses
Accessory single-family dwelling unit
A
Single-family dwellings
P
Mobile homes
P
Public Service Uses
!Child and adult care facilities
A J
Foster care facilities
P
Places of worship
Public parks and playgrounds
SA
A
Emergency services
P
Educational facilities, excluding business
S
Group home (level 1)
A
Cemeteries
S
Recreational
Golf courses
S
Utility Uses
Public and private utilities (limited)
A
Communications towers (wireless facilities including cell towers)
AI
Communications towers (non -wireless facilities including TV and radio broadcast towers
Amateur radio (accessory use)
Less than 80 feet
P
80 feet or taller (see 971.44(4) for special criteria)
S
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ORDINANCE 2018- 023
Commercial
A
Up to 70 feet:
A
Camouflaged
P
Non -camouflaged
-
70 feet to 150 feet:
Foster care facility
Camouflaged
A
Monopole (minimum of 2 users)
Adult congregate living facility (8 residents maximum)
Not camouflaged and not monopole
Places of worship
Over 150 feet:
Emergency services
All tower types (see 971.44(1) for special criteria)
Child and adult care facilities
P= Permitted
A= Administrative permit
S= Special exception
I For wireless commercial facilities regulations, see section 971.44(5), Section 4 use table.
SECTION #5:
Amend LDR Section 911.13(4)(c), Uses; as follows:
(c) Uses. Uses in the Air -1, airfield/residential district, are classified as permitted uses,
administrative permit uses and special exception uses. Site plan review shall be required for all uses
except single-family dwellings.
AIR -1
Uses
Non-commercial kennel
A
Non-commercial stable
A
Residential Uses
Single-family dwellings
P
Institutional/Services Uses
Foster care facility
P
Group home (level 1)
A
Adult congregate living facility (8 residents maximum)
A
Places of worship
19A
Emergency services
P
Child and adult care facilities
S
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ORDINANCE 2018-o23
Public parks and playgrounds
P
Country clubs
S
Golf Courses
S
Transportation and Utility Uses
Airstrips
P
Public and private utilities, limited
S
Communications towers (wireless facilities including cell towers)
A2
Communications towers (non -wireless facilities including TV
and radio broadcast towers)
Amateur radio (accessory use)
Less than 80 feet
P
80 feet or taller (see 971.44(4) for special criteria)
S
Commercial
Up to 70 feet:
Camouflaged
Non -camouflaged
i
70 feet to 150 feet:
Camouflaged
-
Monopole (minimum of 2 users) -
Not camouflaged and not monopole -
Over 150 feet:
All tower types (see 971.44(1) for special criteria)
P= Permitted
A= Administrative permit
S= Special exception
1 The requirements of section 917.06(l 1), of the Accessory Uses and Structures Chapter, shall apply
to towers.
2 For wireless commercial facilities regulations, see section 971.44(5), Section 4 use table.
SECTION #6:
Amend LDR Section 971.28(5), Places of worship; as follows:
(5) Places of worship (administrative permit and spe6al erwelifieen).
(a) Districts requiring administrative permit approval, (pursuant to the provisions of
[section] 971.04): A-1 A-2 A-3 RFD RS -1 RS -2 RS -3 RS -6 RT -6 RM -3 RM4 RM -6
RM -8 RM -10 RMH-6 RMH-8 CRVP ROSE4 AIR -1.
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ORDINANCE 2018- 023
(b) Dist.iets requiring a ial a e...tien i...._....aa4 to the ....,.visions a fEseetie..1 9:71.05)! A 1
A 7 A-1 RFD RS 1 RS 2 DC ] DC G DT 6 DAA 3 DAA A RM 6 R.09E A ArR t
Reserved.
(c) Additional information requirements: The site plan shall denote the location of all
existing structures, parking facilities, and the proposed circulation plan, pursuant to the
requirements of Chapter 914.
(d) Criteria for places of worship:
1. No building or structure shall be located closer than thirty (30) feet to any property
line abutting a residential use or residentially designated property;
2.
Aeeess shall be from a major theretighf�f unless otherwise appf;eved by the p-
wer4s
The project site shall:
a. Have frontage on a Thoroughfare Plan road (including separation from a
canal or similar right-of-way); or
b. Have a land use designation of M-1 or M-2; or
c. Be located within a Planned Development (PD); or
d. Be determined by the Public Works Director to be a small traffic generator
as provided in subsection 952.07(5)(a) (less than 400 average daily trips).
3. Any accessory residential use, day care facility or school upon the premises shall
provide such additional lot area as required for such use by this section and shall
further be subject to all conditions set forth by the reviewing procedures and
standards for that particular use. Accessory residential uses may include covenants,
monasteries, rectories or parsonages as required by these regulations;
4. A Type 'B" buffer shall be provided along all property boundaries where the facility
is located adjacent to a single-family residentially zoned property. A Type "C" buffer
shall be provided along all property boundaries when the facility is located adjacent
to a multiple -family residentially zoned property or agriculturally zoned property
having a residential land use designation.
a. The board of county commissioners may waive or reduce the buffer
requirements where the place of worship is located next to an existing
cemetery, place of worship, child care facility, community center, or school.
Consideration shall be given to security, noise, and visual impacts. Where a
waiver or a buffer reduction is granted, normal perimeter landscaping
requirements shall apply, and alternative requirements (such as fencing) may
be required.
5. Where a place of worship is located adjacent to an active agricultural operation, an
"active agriculture" buffer as set forth in subsection 911.04(3)(c)6 shall be provided
between the adjacent active agricultural operation and the place of worship building
and parking facility.
SECTION #7: 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.
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ORDINANCE 2018- M
SECTION #8: 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 #9: 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 #10: 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 Member, 2018, for a public
hearing to be held on the 18th day of September, 2018, and on the 30th day of Member, 2018 for a
second public hearing to be held on the 16th day of October, 2018, at which time it was moved for
adoption by Commissioner Flesr•.her seconded by Commissioner zorc
and adopted by the following vote:
Chairman Peter D. O'Bryan AYE
Vice Chairman Bob Solari AYE
Commissioner Susan Adams AYE
Commissioner Joseph E. Flescher AYE
Commissioner Tim Zorc AYE
BOARD OF COUNTY COMM
OF INDIAN RIVER COUNTY
The Chairman there upon declared the ordinance duly passed and
October 2018. 1 A
M
Peter D. O'Bryan,
ATTEST: Jeffrey R. Smith, Jerk of Court and Comptroller
BY: &M, 00
Deputy Clerk
of
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ORDINANCE 2018- 023
This ordinance was filed with the Department of State on the following date:
APPROVED AS TOFO AN EGAL SUFFICIENCY
& &
ylan Reingol , County Attorney
APPROVED AS TO PLANNING MATTERS
Stan Boling, AICP; C munity Development Director
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