HomeMy WebLinkAbout5/31/1995� MINUTEo"ATTACHEIf'
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
AGENDA
SPECIAL MEETING
WEDNESDAY, MAY 31, 1995
5:01 P.M. - COUNTY COMMISSION CHAMBER
County Administration Building
1840 25th Street
Vero Beach, Florida
COUNTY COMMISSIONERS
Kenneth R. Macht, Chairman (Dist. 3) James E. Chandler, County Administrator
Fran B. Adams, Vice Chairman (Dist. 1)
Richard N. Bird (Dist. 5) Charles P. Vrtunac, County Attorney
Carolyn K. Eggert (Dist. 2)
John W. Tippin (Dist. 4) Jeffrey K. Barton, Clerk to the Board
5:0112.m. Second Hearing for Land Development Regulations
(LDRs) Amendment Ordinance
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 x408 at least 48 hours in advance
of meeting. -
SPECIAL MEETING
May 31, 1995
The Board of County Commissioners of Indian River County,
Florida, met in Special Session in County Commission Chambers, 1840
-25th Street, Vero Beach, Florida, on Wednesday, May 31, 1995, at
5:01 p.m. Present were Fran B. Adams, Vice Chairman; Richard N.
Bird; Carolyn K. Eggert; and John W. Tippin. Also present were
James E. Chandler, County Administrator; Charles P. Vitunac, County
Attorney; and P. J. Jones, Deputy Clerk.
Chairman Kenneth Macht was absent due to a family illness.
LAND DEVELOPMENT REGULATION AMENDAIEMS
The hour of 5:01 P.M. having passed, the County Attorney
announced that this public hearing has been properly advertised as
follows:
"I
rl
P.O. Box 1268 VeroiBeach,
COUNTYOF • . E+ i
STATE OF • M
Before the undersigned authority personally appeared J.J.
Schumann. Jr, who on oath says that is Business Manager of the
Vero Beach Press -Journal. a newspaper published at Vero Beach in
Indian River County, Florida; that
P G'oli.�,y s�
billed ty Y LR P/�//1/Ni/lIS .4
Sworn to and subscribed before me this
day
AM-
C G. So%
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.:2��, 19=- Business ITer
MAY 319 1995
NOTICE' OF ,ESTABLISHMENT OR CHANGE
LAND • DEVELOPMENT REGULATIONS
AFFECTING THE USE OF LAND.
The Indian River County Board of Courcy Commissioners proposes to adopt or change regulations affecting the
use of land for the area shown in the map in this advertisertront.
Two public hearings on the regulations afFecting the use of land will be held, ane on Monday, May 1.5, 1995
at 5:01 p.m. and one on Wednesday, May 31, 1995 at 5:01 p.m. in the County Commission Chambers in the
County Administration Building located at 1840 25th Street,,Vero Beach, Florida.
Proposed changes to the Land Development Regulations (LDRs) effective in the unincorporated area of the
coumy consist of an ordinance containing various LDR. amendments, and include changes to the following LDR
chapters:
• Chapter 901, Definitions
•
Cho pter 902, Administrative Mechanisms' .
• Chapter 911, Zoning
• Chapter 912, Single Family Development
Chapter 913, Subdivisions & Plats
• Chapter 914, Site Plan Review & Approval Procedures -
•Chapter 917, Accessory Uses and Structures '
• Chapter 930, Stormwater Management & Floodplain_ Protection
• Chapter 934, Excavation & Mining
• Chapter 951, Road Addressing System
• Chapter 952, Traffic
• Chapter 954, Off -Street Parking
• Chapter 956, Sign Regulations
• Chapter 971, Regulations for Specific Land Use Criteria
• Chapter 972, Temporary Uses
Topics relating to said amendments include, but are not limited to, the following:
1. Required separation distances between group homes/ACLFs (971.)
2. Approval procedures and requirements for temporaryreal estate sales offices (972)
3. Correction of text omission: parks in Con -3 district (1) '
4. Non-commercial agricultural uses in ROSE -4 district1911, 971)
5. Community Development sign -off for minor site plans (914)
6. Driving aisle widths for mini -storage projects (954)
7. Update of Chapter -912 SR 60 setback allowance (912)
S.
Hours off displayalcalculation
n for agricultural properties with manmade watedmaes (901, 9111.
pen house sins (956)
10. Development project soils'certification requirement (930) '
11. Ordinance text references to public works staff (952, 9541
12. Minimum driveway widths for certain residential projects (952) `
13. Parking lot tire, stop requirements (954)
14. Classification standards for driveways and minimum distances from rights-cf-way (952)
15. Staff -level approval of certain administrative permits (902, 9711
16, Accessory storage unit restrictions and prohibitions (911, 917) '
"17. Buffers between certain institutional uses (971)
-;'18. Administrative permit-aPPeal Pratedum (971). •:_
19. Final plat survey requirements (913) -
20. Limitations on opaque buffer feature materials (901)'
21. Restrictions on certain aspects of mining activitie3 (934)
22. Political sign regulations (956)-'- ' ~
23. Street name and street number designations (951 j
Copies of the proposed ordinance 'will be available at the Planning Division Office on the second floor of the
County Administration Building beginning May 9, 1995. • • • •
Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure that a
verbatim record of the proceedings is made, which includes testimony and evidence upon which the appeal is based.
ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING MUST CONTACT THE COUNTY'S
AMERICANS WITH -DISABILITIES ACT (ADA) COORDINATOR- AT 567-8000 X223 AT LEAST 48 HOURS IN ADVANCE
OF THE MEETING. - - t• . ,
• .. It 41)h RIVER COUNTY
BOARD OF COUNTY COMMISSIONERS
BY -s- KENNETH R. MAC'HT r•Heia►AAKI
Pa
MAY 319 1995
The Board reviewed the following Memorandum dated May 24,
1995:
TO:
FROM:
DATE:
SUBJECT:
James E. Chandler
County Administrator
DIYIION HEAD CONCURRENCE:
Robert M. Keatin C
Community Develo ent rector
Stan Boling, AICP
Planning Director
May 24, 1995
Second Hearing for Land Development Regulations (LDRs)
Amendment Ordinance
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at its special
hearing of May 31, 1995.
BACKGROUND:
At its special hearing of May 15, 1995, the Board of County
Commissioners reviewed and considered a draft ordinance which
contained a variety of LDR amendments. At that time, the Board
directed staff to make some changes to the draft ordinance (see
attachment #1). The Board also indicated that it intended to
consider final adoption of the ordinance at the public hearing
scheduled for May 31, 1995.
Staff has revised the proposed ordinance based upon the direction
given by the Board. The Board is now to consider final action on
the proposed ordinance (see attachment #2).
ANALYSIS: -
At the May 15th special hearing, the Board directed staff to make
changes to the proposed ordinance regarding the following issues:
1. Text Correction: correct a footnote text error in the draft
ordinance section 8.B.
2. Appeal of Staff Decisions: add specific language in ordinance
section 15.A. regarding the process for appealing staff
decisions on administrative permit use requests.
3. Accessory Storage Structures Prohibition: add-in specific
language in ordinance section 16.B. prohibiting a travel
trailer or vehicle body from being used as an accessory
storage building or shed, and stating that structures used for
storage must be designed for storage use.
4. Restrictions on Mining Activities: delete in ordinance
section 21 an option for applying a 150' setback from property
lines to stockpiles and on-site haul roads, and require a 500'
setback from adjacent occupied structures to mining pits, on-
site haul roads, and material stockpile areas.-
3
reas:
3 BOOK 95 PALE22'0
MAY 31, 1995
600'K 95 P,�I,221
5. Political Sign Regulations: to rewrite and clarify the first
paragraph of ordinance section 22. Also, staff indicated it
would follow-up on a suggestion that the county might want to
allow political signs to be "clustered" at certain major
roadway intersections.
In addition to these 5 areas of change, staff has added one word to
the road name criteria addressed in ordinance section 23. This
change would allow use of road names, rather than road numbers, for
private roads in planned developments and private subdivisions that
do not fit into the county's grid system of east -west and north -
south roads.
In regards to the previously described 5 changes directed by the
Board, the changes now contained in the proposed ordinance would:
1. Correct in the proposed ordinance the proper wording order of
a text footnote for the agricultural and rural districts' size
and dimension criteria table (see pp. 4 & 5 of the proposed
ordinance).
2. Add specific language whereby staff decisions on certain
administrative permit use requests would be appealable to the
Planning and Zoning Commission and, ultimately, to the Board
of County Commissioners in the same manner as appeals of site
plan decisions rendered by staff (see p. 23 of the proposed
ordinance).
3. Add language to specifically prohibit a travel trailer or
vehicle body from being used as an accessory storage structure
or shed. With this language added since the May 15th hearing,
the proposed LDRs would prohibit use of mobile homes, travel
trailers, motorized vehicles, vehicle bodies, and any portion
of such items to be used as accessory storage buildings or
sheds. Also, the LDR changes would add language stating that
structures used for storage must be designed for storage use
and must meet building code requirements for such use.
4. Require a 500' setback from adjacent occupied structures and
mining pits, material stockpile areas, and on-site haul roads.
Staff notes that such a change would be significantly more
restrictive than the current requirement for a 150' -setback
from mining- pits to the mining site perimeter. Staff's
research of the last 9 mining applications (8 were approved,
1 was denied) indicates that 6 of the 9 applications could not
have been approved as designed if the proposed 500' setback
was applied (see attachment #3). Staff's research also
indicates that, under existing requirements, a 30 acre mine
would require about 50 acres of site area. However, if the
proposed 500' setback is applied to a worst case scenario
where occupied structures are situated close and adjacent to
a proposed mining site, the owner of the proposed mining site
would need about 110 acres, in a square or fairly square
shape, to ensure that a 30 acre mine could be approved on his
or her site.
Staff's conclusion is that applying the proposed 500' setback
would positively enhance the compatibility of new mining
projects in relation to surrounding properties. However, the
costs of such a regulation could require significantly larger
sites for the same amount of mined material. The need for
larger sites would eliminate some "closer -in" sites and,
ultimately, would cause mines to be located in more remote
areas, further from development areas where fill is needed.
As a result, costs for hauling fill could increase and more
4
MAY 319 1995
miles of public roadways would be affected
Such cost increases would probably increase
public and private development. In planning
the Board should factor into its decision
negative impacts of the proposed change.
by haul trucks.
the costs of most
staff's opinion,
the positive and
An alternative to the 500' setback from occupied structures
would be a 180' setback from occupied structures. Such a
setback to adjacent occupied structures would be comparable to
applying a 150' setback from the site's perimeter to the
mining pit, stockpile areas, and on-site haul roads where
neighboring homes are located 30' (the minimum setback in the
agricultural districts) from the mining site perimeter. The
180' setback to occupied structures would address some of the
concerns raised during the county's consideration of the Rebel
Ranch sand mine proposal, and would also allow owners of
remotely located mining sites to use more of their sites for
stockpiles and on-site haul roads. In addition to the 180'
setback from adjacent occupied structures, the existing 150'
setback from site boundaries to the mining pit would continue
to be required, to ensure a more useable and developable site
after the mining operation has been completed.
5. Clearly state that a single overall sign permit can be
obtained that allows for the placement of many political
signs. The proposed change would also require a sign permit
for a single sign not covered by a permit obtained by a
candidate or campaign.
At the May 15th hearing, it was suggested that the county may
want to consider allowing political sign "safe areas" at major
roadway intersections, to try to concentrate areas where signs
are placed. Since the May 15th hearing, planning staff
contacted attorney's office and public works staff regarding
this issue. The attorney's office has stated that Florida
Statutes prohibit the placement of political signs in state
and federal right-of-way. Also, the attorney's office has
stated that there is some question as to whether or not
Florida Statutes prohibit political signs from being placed in
county road rights-of-way. However, the attorney's office has
concluded that the county has the power to allow political
signs in county road right-of-way. According to public works
staff, there is little "unused" county right-of-way at major
road intersections, and that from the standpoint of visual
clearance, signs should be placed away from such
intersections. Also, public works staff indicated concerns
about possible conflicts between temporary sign placement and
shallow utilities lines and facilities that often times exist
within county rights-of-way. Staff's conclusion is that such
conflicts seem to outweigh the possible benefits of offering
an incentive to "cluster signs. Therefore, the proposed
ordinance continues to contain a prohibition of political
signs in road rights-of-way.
RECOMMENDATION:
Staff recommends that the Board of County Commissioners adopt the
proposed ordinance containing amendments to the LDRs, subject to
the following condition:
1. That in proposed ordinance section 21, the wording relating to
LDR section 934.07(3)(b)l. read as follows:
"1. A 180' setback from adjacent occupied structures
(structures existing as of -the date of site plan
application for the mining project) to mining pits, on-
site haul roads, and material stockpile areas."
5
MAY 31, 1995
BDOK95 PA,6E 222
BOOK S 5 FIf2,23
Planning Director Stan Boling reviewed the changes to the
proposed amendments directed by the Board at the May 15, 1995
hearing. Of the 5 different changes that were made, 3 of them are
quite minor:
No. 8: Open Space Calculation for Agricultural
Properties with Manmade Water Bodies.
The text footnote which appeared at the top of page 5 has
been included in Footnote No. 1.
No. 15: Staff Level Approval of Certain Administrative
Permits.
Text of Paragraph (g) has been amended to reflect the
correct appeal procedures.
No. 16: Accessory Storage Structures Restrictions and
Prohibitions.
Language has been added in Paragraph B prohibiting travel
trailers and vehicle bodies being used for accessory
storage units.
The two items that are more substantive deal with No. 21,
Restrictions on Certain Mining Activities and No. 22, Political
Sign Regulations, as follows:
21.' Restrictions on Certain Mining Activities
Director Boling continued that what was originally proposed
was a change to the mining ordinance where there were concerns
about more than just the distance of the mining pit itself to
adjacent properties. Stockpiles and on-site roadways were also
issues that came up. As the mining ordinance now stands, there is
a 150 foot setback from the pit area to site boundaries. That
setback would not change in any of the proposals that the Board has
considered. At the meeting on May 15, the Board directed staff to
remove the words "either of" from Paragraph (3)(b); to remove
reference to a "letter of no objection" from Paragraph (3) (b) 1; and
to remove Paragraph (3)(b)2 in its entirety. Those changes have
been made.
Director Boling then continued the discussion regarding the
proposed 500 foot setbacks for the mining pit, on-site haul routes
and stockpile areas to adjacent occupied structures. These changes
are significant in that some sites would have to be quite large to
accommodate these setbacks. For a 30 acre pit, the approximate
dimensions of the site would need to be 1,000 feet by 1,300 feet.
If there were houses adjacent to the site, in order to have a 30
acre pit, the site would need to be approximately 110 to 115 acres.
Staff has reviewed the situation and believes that the 150 foot
MAY 319 1995
N
setback to the pit has been in the ordinance for a long time and
there are a lot of mining operations now operating that have come
in under that requirement. Staff is proposing an alternative of a
180 foot setback from adjacent structures for the haul route and
stockpiles, with the setback for the mining pit itself to remain at
150 feet from the site's perimeter. If the site were in a very
remote area and houses were quite a distance away, the pit could be
set back 150 feet, but the stockpile areas and driveways could come
closer to the site's perimeter.
Commissioner Bird asked for clarification on the recent
decision made in the Jenkins' case. He understood there may be an
appeal in process and wanted to know whether the land regulations
in effect at the time the Jenkins submitted their application, on
which the Board's decision was based, would apply to the appeal.
He also questioned what would happen should the Jenkins modify and
resubmit their original application, whether that modified
application would be regulated under the new revised regulation or
be grandfathered in under the prior regulation.
County Attorney Vitunac advised that if the Jenkins should
reapply, the new application would be considered under the new
regulations, but the appeal would still be considered under the old
regulations.
Commissioner Bird commented that he just wanted to make it
clear, in fairness to all parties concerned, that the Board felt it
had a basis for denial under the old regulations and that the
appeal would still be considered under the old regulations.
Vice Chairman Adams felt that the 150 foot setback is only
half the length of a football field and the problem had not arisen
in the past because we have not had occupied structures that were
close to mining operations. As the agricultural area is getting
more developed, obviously, there will be more problems.
The Vice Chairman then opened the public hearing and asked if
anyone wished to be heard in this matter.
Dean Luethje, an engineer with Carter Associates, wanted to
confirm that any existing permits that have been approved will
continue to operate under the old regulations, and Community
Development Director Bob Keating responded that mining permits are
renewed annually but permits issued under the old regulations would
continue to be governed by them.
Mr. Luethje then inquired whether the same would be true for
any site plan activity.
7 BOOK 95 FA,liE2
MAY 319 1995
FF,_ -1
Boos 95 PmL
Director Boling advised that it would not, as the section of
the regulations that deals with excavation incidental to
development projects does not include this section that is being
amended; the proposed changes only apply to mining operations.
Mr. Luethje then inquired whether exceeding the 5,000 cubic
yards on a removal in a site plan for the exemption pertained to
this regulation, and Director Boling stated that is a separate
section. There are other sections of the mining ordinance that
would apply, such as bonding, but the section to be amended would
not apply to incidental excavation.
Mr. Luethje believed there are situations where the neighbors
would not object and asked that the Board review each mining
application on an individual basis and not add this 500 foot
setback. He felt that the mining requirements actually should be
reduced and handed out a cross-section showing the 10 mile coastal
ridge that runs along the railroad and US #1. He indicated an
area from I-95 to the coastal ridge where the water is trapped.
Insurance maps show flood areas there and the water can only be
relieved through the south relief canal, the main relief canal, the
north relief canal, or the south prong of the St. Sebastian River.
He believed there are benefits from mining operations to. the
floodplain displacement problem in this area. He asked that the
Board remove this item and consider a workshop to further discuss
the matter. Mr. Luethje felt that the more retention areas and
lakes and ponds that can be constructed, the less flooding will
occur in this particular area and the better the situation will be.
Vice Chairman Adams thought that a workshop would be a good
idea; however, the current concern is the closeness of homes to
these sand mine operations and "temporary" takes on a new tone when
some of these operations run 15 years.
Mr. Luethje believed there is a need to reduce the number of
mines active at one time but did not want to see the mining
operations reduced because he felt that is a benefit that we need -
to look at and that we need hundreds of acres of lakes to help
retain some of the water. Indian River Farms Water Control
District maintains the water out there at about a 15 foot elevation
while the ground out there is 20 to 21 feet. If we maintain our
lakes at that same elevation, we will have more floodplain
displacement.
Brian Jenkins of 7150 20th Street agreed with Dean Luethje and
added that it is hard to find and afford a site of more than 40
acres. If the 500 foot setback is established, you would need 100
8
MAY 319 1995
acres to operate and then the fill costs would go up. He did not
believe it is fair to the contractors of the county.
Commissioner Bird understood that you would not need to have
100 acres, but could operate with 40 acres unless there is a
residence on the adjoining property around that 40 acres.
Mr. Jenkins acknowledged that but reiterated that if there is
a residence and they had to go 500 feet, the mining operation would
not be big enough to be feasible on that acreage. The setbacks
would reduce the size of the lake and make it impractical for the
developer as the purpose would be to get as large a lake as
possible so development could ensue around the lake.
Vice Chairman Adams emphasized that the concern is for the
homes around the operation who were there first. These owners are
entitled to some quality of life which they feel is going to be
disturbed by the mining operation. They are also concerned that
the value of their property will go down during excavation.
Brian Jenkins stated that the permit for the mining operation
is good for only 5 years.
Commissioner Tippin felt that if he were in that situation he
would want some buffering, but stated that he did not like to
impose on other people what he would not like to have imposed on
himself.
Commissioner Bird suggested a compromise of requiring a
setback of 300 feet instead of 500 feet when there is a residence
immediately adjacent to the mining operation.
Vice Chairman Adams reminded the Board that the 500 foot
setback is parallel with the burning permit.
Brian Jenkins again agreed that workshops are needed and
invited the Commissioners to come out to his mining operation and
become more familiar with the process.
Commissioner Eggert stated that the thing that most people
complained about was the sound of all those trucks backing up.
Mr. Jenkins advised the Board that OSHA requires the trucks to
have the beepers on them when they are backing up and that there is
an inspection every 6 months on these. If the trucks violate the
requirement, fines are involved.
Vice Chairman Adams emphasized that the Board understands the
predicament of the miners and it is not their intent to try to keep
them from doing business, but the Board does have a responsibility
to protect other people's property rights. She expressed her
9
MAY 31, 199
BOOK J5 fA
BOOK �.
appreciation for the public's time to come and make their comments
and hoped they would stay involved and keep their perspective in
front of the Board.
Tom Lockwood of 7275 45th Street felt that the issue is that
up until now we have not had a problem with a mining operation
relative to a residence. He would have a problem with a unilateral
500 foot setback for a mine and thought that perhaps there can be
a compromise. He respected and understood the concerns of
residents and felt a workshop would be in order. He felt it would
be prudent for everyone concerned because the miners are trying to
run businesses that benefit the community; trying to work within
the confines and restrictions of the ordinance; and trying to make
a living. Restricting mining operations has a direct impact
financially and they are trying to be prudent in their businesses
and to run a cost-effective operation.
MOTION WAS MADE by Commissioner Bird, SECONDED by
Commissioner Eggert, that the Board amend the
setback requirement from a residence to 300 feet.
Commissioner Eggert reminded everyone that LDR hearings are
held every 6 months and this motion would at least put a temporary
protection on housing.
Vice Chairman Adams clarified that the 300 foot setback would
refer to a roadway, a pit or a pile area.
Commissioner Bird wondered what other unresolved issues we
have that could be included in a workshop.
Vice Chairman Adams felt the agenda basically would be the
drainage problem between the 10 mile ridge and the railroad and
perhaps the role that mines or lakes could play in relieving some
of that pressure.
Dean Luethje felt that always pushing the mining operations
out into the agricultural area is not always the best way. He
believed that the pit itself is not as much an objection as the
haul road and the spoiling area and suggested some more compromise.
Vice Chairman Adams suggested that the workshop also could
take a more proactive role in looking at ideal spots for that type
of activity.
Commissioner Tippin emphasized that the Board is being asked
to be experts on a great many things which are becoming very
10
MAY 319 1995
complicated and technical. He stated that he gets a great many
calls about noise in relation to mining and would appreciate an
opportunity to become better educated in this area.
Vice Chairman Adams realized the possibility that by relieving
one problem, 2 or 3 others can be caused. However, she felt that
the Board is trying to react to a very real problem. She felt that
the best solution at this time would be to try the 300 foot setback
as it can be revised at the next LDR review and, in the meantime,
take the opportunity to workshop the subject.
Public Works Director Jim Davis stated that there is a narrow
zone between the groundwater table at 15 feet and the floodplain
elevation at 22 feet. That 7 foot zone is the only important area
where you get floodplain displacement because below elevation 15,
once you dig a hole and fill it full of water, it stays full and
you do not get any floodplain storage there. Once you get above
the 100 year floodplain, above elevation 22, you are already at a
100 year floodplain, and you can fill as high as you want.
Vice Chairman Adams reiterated that we have a motion on the
floor to replace the 500 foot setback with the 300 foot setback
from all roads, stockpiles, and mining pits; with the additional
restriction that at no point in time will the mining pit be less
than 150 feet from the property line.
THE VICE CHAIRMAN CALLED THE QUESTION and the
motion carried by a 4-0 vote (Chairman Macht
being absent).
22. Political Sign Regulations
Director Boling then advised that the beginning of the
political sign amendment has been revised to indicate that a
political sign displayed in the County does require a sign permit.
Staff had investigated having political signs grouped in certain
areas; however, State Statutes prohibit using State rights-of-way
for placement of political signs. This would cause problems at
major intersections such as Kings Highway and SR -60 as you would be
dealing with the County rights-of-way. With or without
improvements or widening, Public Works has stated that the average
distance between the edge of the pavement and the edge of the
right-of-way is 10 to 20 feet. Staff has concerns that
intersections are the places where you have the most problems with
potential visual obstruction, as well as the possibility of
it
IIAY 319 1995
BOOK 9 fAL,E,22
interference with utilities. Staff is, therefore, recommending
that the ordinance, as proposed, still prohibit sign placement in
rights-of-way. Director Boling continued that, in the past
elections, any signs that have been in the right-of-way have been
confiscated. The Sheriff's Department and municipal law
enforcement officers have been very helpful in patrolling the
polling places on election day.
Tom Lockwood commented that in the last few days of any
election, there are some people who are going to stick signs in the
right-of-way whether you have an ordinance or not. He questioned
the amount of the bond, and Commissioner Eggert confirmed that the
amount of the bond is $250.
Commissioner Bird felt this will be an enforcement nightmare,
and Director Boling advised that there may be two appeals
occasioned by retention of political signs.
Vice Chairman Adams asked if anyone else wished to be heard in
this matter. There being none, she closed the public hearing.
ON MOTION MADE by Commissioner Eggert, SECONDED by
Commissioner Bird, the Board, by a 4-0 vote
(Chairman Macht being absent) approved the
amendments to the regulations as written and adopted
Ordinance 95-10 amending the following Chapters of
the Land Development Regulations (LDRS); Chapter
901, Definitions; Chapter 902, Administrative
Mechanisms; Chapter 911, Zoning; Chapter 912, Single
Family Development; Chapter 913, Subdivisions and
Plats; Chapter 914, Site Plan Review and Approval
Procedures; Chapter 917, Accessory Uses and
Structures; Chapter 930, Stormwater Management and
Floodplain Property; Chapter 934, Excavation and
Mining; Chapter 951, Road Addressing System; Chapter
952, Traffic; Chapter 954, Off -Street Parking;
Chapter 956, Sign Regulations; Chapter 971,
Regulations for Specific Land Use Criteria; Chapter
972, Temporary Uses; and Providing for Repeal of
Conflicting Provisions, Codification, Severability
and Effective Date.
12
MAY 319 1995
ORDINANCE NO. 95-10
AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING
THE FOLLOWING CHAPTERS OF THE LAND DEVELOPMENT
REGULATIONS (LDRS): CHAPTER 901, DEFINITIONS; CHAPTER
902, ADMINISTRATIVE MECHANISMS; CHAPTER 911, ZONING;
CHAPTER 912, SINGLE FAMILY DEVELOPMENT; CHAPTER 913,
SUBDIVISIONS AND PLATS; CHAPTER 914, SITE PLAN REVIEW AND
APPROVAL PROCEDURES; CHAPTER 917, ACCESSORY USES AND
STRUCTURES; CHAPTER 930, STORMWATER MANAGEMENT AND
FLOODPLAIN PROTECTION; CHAPTER 934, EXCAVATION AND
MINING; CHAPTER 951, ROAD ADDRESSING SYSTEM; CHAPTER 952,
TRAFFIC; CHAPTER 954, OFF-STREET PARKING; CHAPTER 956,
SIGN REGULATIONS; CHAPTER 971, REGULATIONS FOR SPECIFIC
LAND USE CRITERIA; CHAPTER 972, TEMPORARY USES; 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) be amended as follows:
1. Required Separation Distances Between Group Homes/ACLFs.
Section 971.28(3)(e)4 is hereby amended to read as follows:
4.- To avoid an undue concentration of group care facilities
• - - within residential neighborhoods, all such
facilities within residential zoning districts shall be
located at least one thousand two hundred (1,200) feet
apart, measured from property line to property line
unless exempted as follows. The separation distance
requirement and measurement shall not apply to group home
or ACLF uses involving 21 or more residents, where such
uses are located on major arterial roadways.
2. Approval Procedures and Requirements for Temporary Real Estate
Sales Offices. Section 972.08(3) is hereby amended to read as
follows:
(3) Temporary real estate sales offices, for the purpose of
marketing for sale ten (10) or more lots or units which are
contiguous, are allowed within authorized .zoning districts
subject to the following conditions and restrictions:
(a) If a mobile home or trailer is used as the sales office,
it shall not exceed eight hundred (800) quare feet of
gross floor area, and may not be used for such purpose
for more than twelve (12) months from the date of
issuance of the temporary use permit, and thereafter
shall be removed or shall be used in accordance with all
regulations of the district in which it is located. The
temporary use permit may be extended one time for a
period not to exceed three (3) months. Sales offices
located on the premises after the expiration of the
permit must be located in a permanent structure.
(b) If the sales office is located in a modular or permanent
building that meets applicable building code standards,
a temporary use permit may be issued for a period of up
to one years, and may be renewed annually upon
re-application.
(c) The sales office shall not be used to promote or market
for sale any lot or unit which is not part of the common,
contiguous project being marketed by the same developer
and agent.
Coding: Words in • • -. . type are deletions from existing law.
Words underlined are additions.
13
MAY 319 1995 80a 9 5 fA,1 E Z3
80A Zi
ORDINANCE 95-10
(d) Neither the sales office nor signs shall be illuminated,
other than for security purposes, or used for any
business activity, after 9:00 p.m., except as may be
allowed when located in a nonresidential zoning district.
(e) All temporary real estate sales offices shall provide
parking as re uired for model homes in section
972.08(1)(0)1 • -
• NXIMMM• • M LOW11 11 MI. IN and shall have
water and wastewater treatment provisions approved by the
environmental health and utility services department for
the lot or site upon which the temporary office will be
located. For temporary offices associated with multi-
family or non-residential projects, all a licable
landscaping requirements of Chanter 926 shall be
satistiea.
The sketch accompanying the temporary use permit
application shall identifv the drivewav access to the lot
or site, parking areas (spaces, dimensions, method of
stabilization), water and wastewater services,
landscaping improvements (if applicable), and building
setbacks and dimensions (or building envelope).
3. Correction of Text Omissions: Parks in Con -3 District.
Section 971.40(7)(b) is hereby amended to read as follows:
(b) Districts requiring special exception approval, (pdrsuant
to the provisions of 971.05): Con -1 Con -2 Con -3.
4. Noncommercial Agricultural Uses in ROSE -4 District.
A. Section 911.13(3)(c) is hereby amended to read 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.
ROSE -4
Agricultural Uses
Noncommercial kennel A
Noncommercial stable A
Noncommercial greenhouse A
14
MAY 319 1995
M M M
ORDINANCE 95-10
Residential Uses
Accessory single-family
dwelling unit A
Single-family dwellings P
Mobile homes P
Public Service Uses
Child and adult care facilities A
Foster care facilities P
Places of worship S
Public parks and playgrounds A
Emergency services P
Educational facilities, excluding
business S
Group home (level 1) A
Recreational
Golf courses S
Utility Uses
Public and private utilities (limited) A
1Transmission towers:
Less than 70 feet in height P
70-140 feet in height A
Over 140 feet in height -
P=Permitted
A=Administrative permit
S=Special exception
B. Section 971.08(8)(a) is hereby amended to read as
follows:
(a) Districts requiring administrative permit approval,
(pursuant to the provisions of 971.04): RS -1 RS -2
RS -3 RS -6 ROSE -4.
C. Section 971.08(9)(a) is hereby amended to read as
follows: -
(a) Districts requiring administrative permit approval,
(pursuant to the provisions of 971.04): RFD RS -1
RS -2 RS -3 RS -6 RT -6 RM -3 RM -4 RM -6 RM -8 RM -
10 ROSE -4.
D. Section 971.08(12)(a) is hereby amended to read as
follows:
(a) Districts requiring administrative permit approval,
(pursuant to the provisions of 971.04): Con -3
Con -2 RFD RS -1 RS -2 RS -3 RS -6 RT -6 RM -3 RM -
4 RM -6 RM -8 RM -10 ROSE -4.
5. Community Development Director Sign -Off on Minor Site Plans.
Section 914.06(4)(f) is hereby amended to read as follows:
(f) Approval of minor site plans. The TRC is authorized to
approve, approve with conditions, or deny minor site plan
applications not requiring administrative permit
approval. Once all commenting TRC members have reviewed
and approved the applicant's responses to comments, the
15
MAY 319 1995
BOOK 95 PACE 233
ORDINANCE 95-10
minor site plan shall be signed and approved. All
approved minor site plans shall be signed by
the community development director or his
designee. Appeals of decisions of the TRC may be made by
applicants pursuant to the provisions of • - •�
Section 914.13.
6. Driving Aisle Widths for Mini -Storage Projects. Section
954.05(39) is hereby amended to read as follows:
(39) Mini -storage facilities. Mini -storage facilities shall
require a minimum of four (4) spaces. One space per
three thousand (3,000) square feet of gross floor area of
the building(s). All spaces shall be located adjacent to
the facility's office. Additionally, driving aisles, a
minimum of ' twenty (20) feet wide for one-way
aisles, shall be provided adjacent to the entrance of
each storage unit having an exterior door or other
exterior opening for loading and unloading. Driving
aisle width standards may be increased by the public
works director for two-way traffic flow. In addition,
two (2) spaces per watchman's quarters are required.
(a) Outdoor storage of vehicles may occur on paved
surfaces or stabilized surfaces as approved by the
public works director. The outdoor storage area
must be screened from any rights-of-way or adjacent
residentially zoned areas by a Type "B" buffer.
7. Update of Chapter 912 SR 60 Setback Allowance. Section
912.07(1)(b)l is hereby amended to read as follows:
1. S.R. 60: All developments abutting S.R. 60 shall setback
seventy-five (75) feet from the S.R. 60 right-of-way.
This seventv-five foot setback shall not aDDly to
individual lots of record lawfully created prior to
October 9, 1992 having a depth of one hundred fifty (150)
feet or less as measured from S.R. 60 road right-of-way.
8. Open Space Calculation for Agricultural Properties with
Manmade Water Bodies.
A. Section 901.03 is hereby amended to read as follows:
"Open space the gross area of the site less building
coverage, parking surface, internal traffic circulation
system, and any exclusions herein specifically set forth.
Open space is green area, natural or landscaped. Up to
thirty (30) percent of the open space requirement for a
development may be satisfied by a body or bodies of water
contained within the development area." Specific,
alternative means of calculating omen space may be set
forth for specific conditions in other chapters of the
land development regulations.
16
MAY 319 1995
ORDINANCE 95-10
B. Section 911.06(6) is hereby amended to read as follows:
(6) Size and dimension criteria:
Regulation Unit A-3 A-2 A-1 RFD R5-1 1
Maximum density
du/gr.ac.
0.05
0.1
0.2
0.4
1
Minimum lot size
sq. feet
670,000 430,000
200,000
85,000
40,000
Minimum lot width
feet
150
150
150
150
125
Minimum yard setback
feet
Front
30
30
30
30
30
Side
30
30
30
30
20
Rear
30
30
30
30
30
Maximum building height
feet
35
35
35
35
35
Maximum building coverage
% of lot
102
102
20 2
30
30
Minimum open space
% of lot
80
80
60
50
50
3.Nonconforming lots of record
lawfully created prior
to April 11,
1985 shall
meet the RS -6 yard
requirements
Legally created lots of record existing prior to June 18, 1991, in the A-1, A-2, and A-3 districts may
be developed for one singe -family dwelling each, regardless of density; provided all other regulations
and codes are satisfied. These late must meet requirements of the RS -1 district for the size and
dimension criteria.
2
For properties containing manmade bodies of water, the open water area may be excluded entirely from
the open space calculation (e.g. excluded from gross area and from open space area credit).
9. Hours of Display for Open House Signs. Section 956.11(2)(h)6
is hereby amended to read as follows:
6. Additional regulations for real estate open to inspection
signs. One on -premise sign not to exceed four (4) square
feet in area inviting the inspection of said property in
all zoning districts may be placed in addition to the
sign permitted in subparagraph 956.11(2)(h)l.
Two (2) additional off -premise open house signs may be
placed per open house. However, no more than two (2)
such signs may be placed per intersection. Such signs
may be located within a road right-of-way, provided the
sign is:
a. Located at least eight (8) feet from any roadway;
b. Constructed as a break away sign; and
C. No more than three (3) feet above the crown of the
adjacent road.
All open house signs shall be placed only when the
property is actually open for inspection and shall =
be displayed only between the hours of ®i 8:00 a.m. and
= 7:00 p.m. Said signs shall be limited to the words
"open house", "open for inspection", or other similar
words or phrases.
10. Development Project Soils Certification Requirement. Amend
Section 930.08 as follows:
(1) Type A Permit - A detailed description and drawing ( scale
1" = 50' or larger) of the proposed stormwater management
system shall be submitted to the Community Development
Director by a Florida registered engineer or, for any
development project constructed on a site of 1.00 acre or
less, a Florida registered architect as long as any
engineering service involved in the design is purely
incidental to the architect's practice, as provided for
in Florida Statutes 5481.229, as may be amended from time
to time. The following information shall be required:
17
MAY 319 1995
BOOK 95 PALE 234
aoox 9 ?Aa 235
ORDINANCE 95-10
(a) Hydrologic data including design rainfall, project
drainage area, tributary offsite drainage area,
percolation tests, existing and proposed impervious
area and soil characteristics including depth to
wet season high water table. Soil boring at four
hundred (4001) feet spacing to a depth of six (61)
feet shall be provided. Alternate representative
soil profiles may be used if approved in writing by
the Public -Works Director and if demonstrated to be
from a reliable and generally recognized source. A
one foot interval contour topographic map of
development area including offsite area of
sufficient size to indicate the general neighboring.
_elevations, drainage patterns and transition grades
shall be provided. Justification for wet season
water table assumptions shall be provided.
(b) Hydrologic calculations for determining existing
and proposed stormwater runoff.
(c) Hydraulic data including receiving water stages,
stage -storage and stage -discharge data for proposed
retention and/or detention facilities, and
percolation test data as per the following
procedure:
1. The test holes shall be located as close as
possible to the proposed location of
exfiltration trench or other 'percolation
facility (vertical and horizontal) and, if
critical, to a depth two (21) feet below the
water table at the time of the test.
2. A hole for each test of approximately twr}ve
(12") inches diameter (or as required fur a
maximum clearance of one-half (}") inch
between the hole and test casing) is excavated
to the required depth and the casing is
lowered into the hole with a minimum of twelve
(12") inches extending above the surface of
the grade.
3. The test casing shall consist of a pipe that
is a.least eight (811) inches in diameter with
perforations in approximately the bottom
seventy-five (75%) percent of the length as
measured from the surface. The bottom of the
casing shall be pointed. Exfiltration
increments shall be measured with a suitable
gauging device.
4. Fill the test bore to six (611) inches above
the surface of the existing grade and run the
test no later than two (2) hours after the
level has exfiltrated to below surface of
existing grade. In all cases test runs are to
start only after the first two (211) inches
have exfiltrated. If a dry season condition
exists, the test shall begin when the soil is
moist and a wet season is simulated.
18
MAY 319 1995
M M M
ORDINANCE 95-10
5. Run tests for at least thirty (30) minutes and
record at least the date, weather, project
name, name of person conducting test, test
number, location on site, sketch of hole and
casing, groundwater conditions, incremental
drop and time, and subsurface soil
information. Information shall be tabulated
and attested to by a registered professional
engineer, licensed to practice in the State of
Florida. The County Public Works Department
reserves the right to witness the test
procedure. Exfiltration rates for designing
the site drainage facilities shall be deter-
mined -by the developer's engineer from these
tests based on percolation rate experienced at
the elevation of the proposed system using a
safety factor of 2 or greater. Alternate
percolation or permeability tests procedures
may be used if approved in writing by the
Public Works Department prior to their use.
(d) Hydraulic calculations for sizing channels,
culverts, inlets, retention/detention ponds, pond
discharge structures, and determining discharge
rates and maximum water surface elevations.
(e) Erosion and Sedimentation Control Plans, during and
after construction.
(f) Statement of all assumptions and reference sources
used in conduct of the study.
(g)
(h)
Where percolation is proposed, at least one boring
per basin shall be.submitted. Said borings shall
be to a depth of twenty (201) feet below the invert
of the basin or to a depth sufficient to locate the
groundwater table or impervious soil layer.
(i) A general description of the manner in which the
stormwater management system is to be maintained,
indicating who or what entity shall be responsible
and by what method the responsibility shall be
created and documented.
19
MAY 319 1995 soon 95 f�,
BOOK 95 PAL, E2,437
ORDINANCE 95-10
(j) A list of all agencies (State, Federal or local)
having permit jurisdiction for the project. A copy
of all state, local, SJRWMD, and Federal permits
shall be submitted prior to issuance of a building
permit. In cases where a surface water management
permit is required from the SJRWMD, identical plans
and calculations shall be submitted for review, and
coordination between the County and the SJRWMD.
(2) Type B Permit and Type C Permit - In addition to the
information required for Type A permits in Sub -section
930.08(1) of this chapter, an applicant for a Type B
Permit shall submit to the Community Development Director
all information showing compliance with 930.07(2) of this
chapter, and the following:
(a) Elevation in relation to mean sea level of the
proposed lowest floor (including basement) of all
structures.
(b) Elevation in relation to mean sea level to which
any non-residential structure will be flood -
proofed.
(c) Provide a certificate from a Florida registered
professional engineer or architect that the
proposed structure and site work design meets the
applicable criteria set forth in this chapter.
(d) Description of the extent to which any watercourse
will be altered or relocated as a result of
proposed development.
(e) An applicant for a type "C" permit shall submit all
information showing compliance with 930.07(2) of
this chapter and all information required in
930.08(2)(a) through (d).
11. Ordinance Text References to Public Works Staff. -
A. Section 954.08(2), (3), (4), (5), and (6) are hereby
amended as follows:
(2)
Non -concurrent parking (shared over time) study.
The required amount of parking for a project may be
reduced from the requirements of section 954.05, as
specified herein, upon submittal and review of the
following information, a determination by the
Dublic works director or his designee
MMMMM and community development director that
the standards specified herein have been met, and
approval by the Planning and Zoning Commission.
(a) A parking accumulation study must be prepared
by a registered engineer and submitted with
the site plan application. The study must be
signed and sealed by a professional engineer.
20
MAY 319 1995
M M
ORDINANCE 95-10
(b) A pre -study meeting is required between the
petitioner's engineer and the county Rublic
works director or his designee
EMEMM—to set forth the parameters of the
study (number of days, hours of the day,
site(s) to be studied).
(c) All parking studies at a minimum shall:
1. cover at least a 3 day period;
2. a. proposed projects: cover at least 3
sites having a similar mix of uses
and design characteristics as the
proposed use;
b. existing projects: may use one
site, being the existing site.
3. record occupied parking spaces within the
study area at 15 minute increments;
4. record the information on sketch;
S. summarize the information for each day of
the study and compile the information for
analysis; and
6. factor in a peak season demand;
7. include an analysis section that derives
a total parking demand number and
compares that number plus the 158 safety
factor referenced in (d) below with the
standard rate total parking requirement;
8. include a conclusions section which,
based upon the date and analysis,
proposes a reduced total parking number,
if warranted.
(d) Fifteen per cent (158) of the highest 15
minute accumulation period must be added to
the maximum number of spaces occupied during
the highest 15 minute period..
(e) The signed and sealed parking accumulation
study shall be reviewed by the County public
works director or his desi nee
IMMMINE—and the Community Development
Director. The petition and the
recommendations of the county public works
director or his designee . and
community development director will then be
forwarded to the Planning and Zoning
Commission for final action. Any appeal shall
be handled the same as a site plan appeal
pursuant to chapter 902.
21
MAY 319 1995 BOOK 95 ,im, 238
BOOK 95 pA.T
')Z 239
ORDINANCE 95-10
(3) No Similar Use Study. For uses which are not
listed in section 954.05 of this chapter and where
the applicant so desires, the applicant may conduct
a parking accumulation study to determine a parking
standard for the subject use. The parking standard
for the subject use will be determined after
submittal and review of the following information,
a determination by the ublic works director or his
designee M-0001MEMIL!,101IM-3-30 and community development
director that the standards specified herein have
been met, and approval by the planning and zoning
commission.
(a) A parking accumulation study must be prepared
by a registered engineer and submitted with a
site plan application. The study must be
signed and sealed by a professional engineer.
(b) A pre -study meeting is required between the
petitioner's- engineer and the county public
works director or his designee
• to set forth the parameters of the
study (number of days, hours of the day,
site(s) to be studied).
(c) The site(s) to be studied must be occupied by
uses similar to the uses proposed by the
applicant.
(d) All parking studies at a minimum shall:
1. cover at least a three (3) day period;
2. cover at least 3 site(s) having a similar
mix of uses and design characteristics as
the proposed use;
3. record occupied parking spaces within the
study area at 15 minute increments;
4. record the information on a sketch;
5. summarize the information for each day of
the study and compile the information for
analysis;
6. factor in a peak season demand;
7. include an analysis section that states
the parking demand number for each use on
each site, along with the average parking
demand number for each use studied (all
sites). Said numbers shall include the
15% safety factor in (d) below;
B. include a conditions section which, based
upon the data and analysis, proposes a
standard parking rate (a certain number
of spaces per a certain number of square
feet gross building area) for a
particular use category.
22
MAY 319 1995
M M M
ORDINANCE 95-10
(e) Fifteen per cent (15%) of the highest 15
minute accumulation period must be added to
the maximum number of spaces occupied during
the highest 15 minute period.
(f)
The signed
study will
County pub:
and sealed parking accumulation
be reviewed and approved by the
director. The petition will then be forwarded
to the planning and zoning commission for
final action. Any appeal shall be handled the
same as a site plan appeal pursuant to chapter
902.
(4) Non -Paved Parking. Fully sodded or otherwise
stabilized parking may be permitted for certain
areas as specified in Section 954.05, and also for
projects subject to infrequent use such as sites
having the weekly use characteristics of churches
upon review and approval by the Planning and Zoning
Commission.
(a) The following shall be submitted by the
project applicant to evaluate the use and
adequacy of the unpaved "infrequent use"
parking surface.
1. A topographic survey of the project site.
2. The intended use of the site including
frequency of parking and type of
vehicle(s) anticipated to use the site.
3. The location of the ground water table
during the wettest season of the year.
4. A soil profile to at least a depth of six
(6) feet taken at a minimum of two (2)
locations.
5. A maintenance program outlined for the
parking area.
6. A typical section of the parking lot
area, which depicts solid sod or other
proposed cover material on a stable load
bearing type subgrade.
7. A complete drainage plan for the site.
Each request shall be subject to approval by
the Indian River County Planning and Zoning
Commission pursuant to site plan approval.
(b) The following standards shall be satisfied
prior to the approval of non -paved parking
spaces.
1. The materials cross-section and load-
bearing capabilities in relation to the
intended use shall be approved by the
public_ works director or his designee
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MAY 319 1995
Book 95 fAu240
aooK ` 241
ORDINANCE 95-10
2. Where used in conjunction with paved
spaces, the non -paved spaces shall be
located so as to be used less often than
the paved spaces.
3. For all uses except infrequent uses, non -
paved parking spaces shall be directly
accessed from a paved driving aisle.
(6) Unpaved vehicle storage lots. Unpaved vehicle
storage lots may be approved and established via
the provisions of Chapter 914 subject to the
following conditions:
a. The vehicle storage lot use is allowed in the
zoning district in which the storage lot is
proposed.
b. The storage lot surface shall be stabilized,
in a manner suitable for the proposed use, as
approved by the ublic works director or his
designee10101- .
C. The storage lot shall be screened from any
adjacent road right-of-way by a type "D"
buffer with three (3) foot (or greater) opaque
feature.
d. The storage lot shall be buffered from any
residentially designated property as required
in Chapter 911.
e. Stormwater management facilities shall provide
the greater of:
1. Detention or retention of the increase in
runoff from the mean annual twenty four-
hour storm; or
2. One (1) inch of runoff.
f. The site plan shall note that all required
parking spaces are provided separately from
the storage lot surface and that the required
parking space surface conforms with the
requirements for such parking spaces.
B. Section 954.09 is hereby amended to read as follows:
Off-street loading regulations. These requirements shall
apply to all commercial and industrial uses.
24
MAY 319 1995
M M M
ORDINANCE 95-10
(1) A minimum number of loading spaces or berths shall
be provided and maintained as follows:
Building(s)
Size in Sq. ft.
No. of Spaces/Berths
Over 5,000 but
not over 24,999
Restaurants
& Industrial: 1
25,000
59,999
Industrial &
Commercial: 2
60,000
119,999
Industrial &
Commercial: 3
120,000
199,999
Industrial &
Commercial: 4
Over 200,000
Industrial &
Commercial: 5
Note: packing houses shall provide loading spaces
as specified in section 954.05, also convalescent
homes shall provide a loading space as specified in
section 954.05.
(2) Loading spaces or berths shall have minimum
dimensions of fourteen (14) feet by thirty (30)
- feet, plus each space or berth shall have an
additional two hundred and fifty (250) square feet
of loading or maneuvering area immediately
contiguous to the space or berth.
(3) Any facility required to have loading facilities
may be permitted to have a driveway of a width
adequate to handle the size of the delivery
vehicles. The width of the driveway is to be
approved by the ublic works director or his
designee Lowxoxwoolig •
(4) Service alleys or driveways shall have minimum
width of twenty (20) feet.
C. Section 954.10(1), (2), (3), (4), (5), and (6) are hereby
amended to read as follows:
Off-street parking pavement types. Off-street parking
areas shall be constructed of one of the following
pavement types:
(1) Flexible pavement consisting of a subgrade, base
course, and asphalt surface course to be
constructed in accordance with the following (a)
through (e):
(a) A six -inch -thick homogenous subgrade mixed and
stabilized to a Florida bearing value (FBV) of
fifty (50) psi minimum and compacted to a
minimum of ninety-eight (98) per cent of
maximum density (AASHTO T-180).
(b) A six -inch -thick limerock or cemented coquina
base compacted to a ninety-eight (98) per
maximum density (AASHTO T-180) or a six -inch -
thick soil -cement base having.a minimum seven
(7) day compressive strength of three hundred
(300) psi and compacted to ninety-eight (98)
per cent maximum density (using ASSHTO
T-280-).
25
MAY 319 1995 soox 95 PAu 242
800 Fr,Tf 243
ORDINANCE 95-10
(c) A D.O.T.-approved bituminous prime coat of
grade RS -70 or RC -250 applied from ten -
hundredths to thirty-five hundredths of a
gallon per square yard.
(d) A compacted one -inch -thick D.O.T. Type II
asphaltic concrete surface course.
(e)
Testing of the above flexible pavement
construction shall be by an independent
testing laboratory approved by the public
works director or his designee
• The number of modified proctor
(AASHTO T-180) tests for subgrade and/or base
work shall be one for each material type. At
least two (2) FHV tests or one per ten
thousand (10,000) square feet of pavement,
whichever is greater, is required. At least
one in-place density test for every ten
thousand (10,000) square feet of pavement
using ASTM D2167 (rubber balloon method), sand
cone method, ASTM 2922 (nuclear method), or
other method as approved b the public works
director or his designee . is
required for both subgrade and base course
construction. A minimum of two (2) in-place
density tests are required regardless of size
of pavement areas. Soil -cement testing shall
be as per Florida Department of Transportation
Specifications.
(2) Rigid (concrete) pavement consisting of the
following (a) and (b):
(a) A six-inch thick subgrade stabilized to a
Florida bearing value of fifty (50) psi
minimum and compacted to a minimum of ninety-
eight (98) per cent maximum density using
AASHTO T-180. Testing shall be as for
flexible pavement above.
(b) For nonindustrial use, a four and one half-
inch -thick nonreinforced concrete pavement.
For industrial and frequent truck use, a
minimum six -inch -thick nonreinforced concrete
pavement. Design thickness for heavy
equipment use shall be in accordance with the
Portland cement Association recommendations.
Calculations shall be submitted to the ublic
works director or his designee • - .
with the request for rigid pavement design
showing the structural adequacy of the design
and the design life of the project. All
concrete to be three thousand (3,000) psi in
twenty-eight (28) days (AASHTO T023). All
materials, longitudinal, transverse and
construction joint location, material
placement, and finishing shall be as
recommended by the Portland cement Association
and the Concrete Promotional Council of
Florida. At least three (3) compressive
strength cylinder samples shall be taken for
26
MAY 319 1995
M M M
ORDINANCE 95-10
every ten thousand (10,000) square feet of
pavement, or five (5) per job; whichever is
greater shall apply. Slump shall be two (2)
to four (4) inches (AASHTO T-119).
Compressive strength shall be reported for
seven (7), fourteen (14) and twenty-eight (28)
days after placement.
(3) Proposed construction standards which deviate from
section 954.09(1) or. (2) may be approved by the
ublic works director or :his designee
101glIM-31, if in his or her opinion the construction
standards are suitable for the proposed use
MAY 319 1995
pursuant to generally accepted standards are
suitable for the proposed use pursuant to the
following criteria.
1. The project site shall be located outside of
the urban service area as shown on the adopted
land use map.
2. All requirements and standards of section
954.05, 954.06, 954.07, 954.08 and 954.09
shall apply to all parking spaces, driveways
and traffic circulation areas.
3. All applicable Chapter 930 stormwater
management requirements shall be satisfied.
4. All state handicap parking and access
requirements shall be satisfied.
5. The construction standards of section
954.10(5), (6) and (7) shall apply.
6. The proposed uses(s) on the site shall not
generate/ attract a gross total of more than
two hundred (200) average annual daily trips.
The applicant shall provide information and
analysis deemed sufficient by the county
public works director or his designee
• to properly estimate the anticipated
number of average annual daily trips. The
county public works director or his designee
•MMM shall determine the total
number of gross average annual daily trips
pursuant to accepted traffic engineering
design standards.
7. No more than five (5) percent of the vehicles
using the project site may exceed (5) tons.
The site may not be used by any vehicle having
an axle weight exceeding eighteen thousand
(18,000) pounds.
8. Unpaved parking stall areas shall have a
stabilized subgrade (minimum thickness: six
(6) inches) with a Florida bearing value of at
least seventy-five (75). Sod or other
stabilized material shall be placed on top of
the subgrade. Unpaved driveway areas shall
have a stabilized subgrade (minimum thickness:
six (6) inches) with a Florida bearing value
of at least seventy-five (75).
27
boos 95 pAu 244
Fr- -1
Boxlu
ORDINANCE 95-10
To demonstrate that existing unpaved areas
meet these standards, core samples taken in
accordance with FDOT-approved methods shall be
performed and the testing methods and results
shall be reported to the public works director
or his designee • .11=. A minimum of
three (3) core samples shall be taken on any
given project site or one (1) core sample
shall be taken for every five thousand (5,000)
square feet of unpaved parking/driveway area,
whichever results in the greater number of
required samples. All core sample testing
locations shall be approved by the ublic
works director or his designee • - . -
prior to testing.
9. The waiver request shall be accompanied by a
parking area and driveway maintenance plan,
certified by an engineer. The maintenance
plan shall address the following:
a. Grading schedule and conformance with
applicable Chapter 930 stormwater
requirements;
b. Maintenance (eg. irrigation and mowing
schedule) of any areas proposed to be
sodded or grassed; and
C. Dust control.
10. The waiver request shall be accompanied by a
parking area and driveway traffic safety and
circulation signage plan that is acceptable to
the county ublic works director or his
designee . - . - pursuant to accepted
traffic engineering practices.
11. All parking stalls shall be equipped -with a
wheel stop or equivalent (eg. non -mountable
curbing).
12. All entrance and/or exit driveways connecting
to a paved roadway shall be paved with a
material in accordance with section 954.10(1)
or (2), from the roadway edge of pavement to a
point at least fifty (50) feet into the
project site as measured in a direction
perpendicular to the roadway edge.
(4) Paving stone, block or similar type construction
shall be allowed subject to approval by the public
works director or his designee • - *
(5) Driveway aprons constructed in the county right-of-
way where a paved county road exists and connects
developments proposed for site plan approval shall
be of the flexible pavement or rigid pavement
design, as specified in 954.09(1) and 954.09(2)
above, and shall be constructed only after receipt
of and Indian River County Department of Public
Works permit.
28
MAY 319 1995
�7
D.
E.
ORDINANCE 95-10
(6) All construction within the county right-of-way and
as referred to in this section shall be to Florida
Department of Transportation standard
specifications, latest edition, as modified by the
conditions of the Department of Public Works Right -
of -Way Permit.
Section 954.11 is hereby amended to read as follows:
For projects projected to generate/attract less than one
hundred (100) average daily trips, a certificate of
occupancy (C.O.) may be issued without construction of
required driveway/parking area paving improvements if a
contract for construction of required paving improvements
has been properly executed and if security has been
posted in an amount equal to one hundred fifteen (115)
percent of the estimated cost of the required paving
improvements.
(A) The contract shall be on a form provided by the
county and shall obligate the developer to complete
all required paving improvements, in accordance
with the approved site plan(s) and county
development regulations and standards, within a
period of twenty-four months of the date of the
C.O.
(B) The estimated cost -of paving shall be
the public works director or his des
� after review of an
certified by the developer's
an actual itemized contract
approved b
i nee
itemized cost estimate
engineer or review of
price bid.
(C) The surety posted to guarantee performance of the
contract shall expire, it at all, no less than
ninety (90) days beyond the last date for
performance established by the contract. The
surety shall run in favor of the board of county
commissioners, must be in a form acceptable to the
county attorney, and may be either:
1. A cash deposit and escrow agreement governing
control and use thereof; or
2. An irrevocable letter of credit, (issued by a
financial institution authorized to conduct
business within the state.
Sections 952.12(6) and (7) are hereby amended to read as
follows:
(6) Driveway signalization
Any driveway requiring a traffic signal shall
conform to those warrants specified in the Manual
of Uniform Traffic Control Devices, U.S. Department
of Transportation, Federal Highway Administration,
1986. The manual is adopted herein by reference,
and a copy shall be maintained for public
inspection in the office of the . -
public works director or his designee. The
installation of any traffic signal shall be subject
to the accepted standards and approval of the
engineering department.
29 BOOK 95 P,EE46
MAY 319 1995
_I
Boa 95 PA,E 247
ORDINANCE 95-10
(7) Driveway Criteria
Driveway design shall conform to requirements
herein set forth and shall conform to the
guidelines of the Federal Highway Administration,
Report No. FHWA-RD-76-87, "Technical Guidelines for
Control of Direct Access to Arterial Highways,'
dated August, 1975, and the Institute of
Transportation Engineers recommended practice as
set forth in "Guidelines for Driveway Design and
Location," dated 1974. Both guidelines are adopted
by reference, and a copy of each shall be
maintained for public inspection in the office of
the - . public works director or his
designee.
12. Minimum Driveway Widths for Certain Residential Projects.
Section 952.08(1)(e) is hereby amended to read as follows:
(e) Minimum right -of -way -and Pavement Requirements; Credit
for Dedicated Land. The following minimum pavement
widths and right-of-way widths shall be provided either
at the time of development or in the future, as deemed
necessary by the public works director. Full
compensation must be provided to the applicant by the
county for right-of-way dedications regarding non -site,
related improvements on all roadways except minor (local)
roads. These standards are consistent with the
functional road classification system established in the
comprehensive plan.
The following generalized minimum road right-of-way width
standards shall apply unless varied by the "Specific
Thoroughfare Plan Road Right-of-way Table" which is
incorporated hereto by reference and is located in the
appendix section of this chapter.
MINIMUM
MINIMUM
STREET TYPES RIGHT-OF-WAY
WIDTH
LANE WIDTH
Urban
Rural
-
Principal Arterial
6LD
130
240
12' wide inside
lanes
4LD
100
200
14' wide outside
lanes as
required
U.S. 1 Corridor
8LD
200
---
6LD
130
240
4LD
140
240
W/frontage roads
Minor arterial
4LD
100
200
12' wide inside
lanes
2LD
100
100
14' wide outside
lanes where
required
Collector Streets
80
80
12'
Subdivision Collector
Roads
60_
60
12'
30
MAY 319 1995
ORDINANCE 95-10
Local, Minor or Res-
idential Streets 60 60
(with swale drainage)
Local, Minor or Res-
idential (closed 50
drainage, curb and
gutter)
Marginal access roads
40 40
11'/12'***
* Single-family subdivision roadway or residential site
plan with less than 1500 ADT.
** Where in conjunction with commercial site plan project
*** When in conjunction with heavy commercial or industrial
development
All land area requested by the county for street or road
right-of-way and dedicated by donation to the county, and
accepted by the county, after January 1, 1984, may be
included in acreage calculations for purposes of density
determination when the parcel from which the land area
was dedicated is proposed for development. While the
land area dedicated to the county may be used for density
calculation, this area may not be used to satisfy setback
requirements, site coverage requirements, open space
requirements or any other specific land use regulation.
13. Parking Lot Tire Stop Requirements. Sections 954.07(4) and
(5) are hereby amended to read as follows:
(4) General Parking Lot Design Criteria
(a) All required parking spaces, dumpster spaces,
loading areas, and other vehicular areas shall be
identified and marked in conformance with the
standards of the Manual of Uniform Traffic Control
Devices (MUTCD) and the Federal Highway
Administration (FHWA) guidelines. For fully sodded
or stabilized parking areas that are not paved, the
public works director shall require applicable
marking and signing standards.
(b) Parking areas shall have no driveway aisle(s) which
dead ends without a backing apron which has a
minimum depth of five (5) feet.
(c) Pedestrian movement: Separation of vehicular and
pedestrian traffic. Parking and loading areas, as
well as driveways and other vehicular circulation
areas, shall be clearly identified and separated
from principal pedestrian routes along buildings
and at pedestrian crossings through the use of
curbs, pavement markings, planting areas, fences or
similar features designed to promote pedestrian
safety.
MAY 319 1995
31
BOOK 95 PAGE 248
1. Grassed Spaces: Where fully sodded spaces are
Oapproved, the applicant may useconcrete,
railroad ties, or other equivalent material as
approved'bythe Public works director or his
designee as tire stops.
Tire Stop :-?aiver: Upon request by a site-pla
applicant, the public,. works' and communit
development directors may waive the Lire sto
and curbing requirement for certain parkin
spaces upon a determination that:
The waiver would -not allow vehicles to
encroach upon -.landscape or pedestrian
areas . (such areas sha11 r=. be protected by
tire -stops, curbing; or the equivalent);
b. The -waiver would not , alloy, vehicles to
abut or "head :into" one another -in any
fashion other. than bumper to bumper [any
bumper to- fender (or. side) parking
configurations shall-require`tire stops,
curbing, or the equivalent;]
The waiver would not apply: to spaces
accessed from driveways that serve as
circulation driveways which,-- channel
traffic around or. through the site or
parkinglot area; and
.--The -site plan parking .area_;.and traffic
circulation design provide.T,'circulat.ion
driveways, as needed, to adequately
channelize traffic' flow.
Conditions including,but not limited to
driveway curbing, signage and/or pavement
markings, of ,-periodic placement of
barriers or increased protected
landscaped;` areas and landscape
improvements that are designed to promote
good traffic circulation maybe attached
to any Waiver granted. A1.1 pavement
markings shall be done in accordance with
954.06(4)(a).
M
ORDINANCE 95-10
1. Vehicles shall not encroach upon landscape or
pedestrian areas. Such areas shall be protected by
curbing, tire stops, or the equivalent. Designs
may be approved that allow for up to 3 feet of
vehicle overhang into landscape areas if such
overhang would not interfere with landscaping.
Vehicle overhang into pedestrian areas may be
allowed if such overhang allows for a clear
Dedestrian path width of at least 4 feet.
2. Vehicles shall not abut, or "head into" one
another in any fashion other than bumper to bumper,
unless tire stops or the equivalent are provided.
In such cases where bumper to bumper parking is
arranged, tire stops are not required.
3. The site plan p�
circulation design shall
as needed, which st
encroachment by
provide necessa
accomplish this
may include va
curbing, tire
pavement markin
barriers, incre
and other impro
and
ous
s
irking area and traffic
provide circulation drives
tall be protected from
ict with parked vehicles to
orderly traffic flow. To
rking and circulation plan
isign features, including:.
the equivalent, special
age, periodic placement of
)tected landscape islands,
4. Grassed Spaces: Where fully sodded spaces are
approved, the applicant may use concrete, railroad
ties, or other equivalent material as approved by
the Public Works Director.
(5) Entries, exits, driveways and maneuvering areas.
(a) Except for single-family residential dwellings and
two -unit (duplex) projects, all parking access
shall be designed so as to prevent the need to back
directly onto a local public road right-of-way.
(b) No use will be permitted to have parking spaces
which require vehicles to back directly onto a
collector or arterial roadway as designated on the
County Thoroughfare Plan, unless otherwise exempted
under 954.07.
(c) All uses which are required to provide three or
more off-street parking spaces shall have entry and
exitway driving aisles in accordance with Section
954.07(1). Traffic direction markers shall be
installed at all intersections as designated by the
public works director or his designee
• Drives and maneuvering areas shall
provide proper turning radii to permit convenient
maneuvering of cars and service vehicles into and
out of each parking lot area, parking space and
loading space. No parking or loading space shall
interfere with access to any other parking wor
loading space, or with any pedestrian walkway.
(d) Access points to public or private streets shall be
kept to a minimum. The width of any undivided
driveway shall not be in excess of twenty-four (24)
feet, unless said requirement is waived by the
33
MAY 319 1995 Boa' 5 fAu
BOOP( 95 PAGE 251
ORDINANCE 95-10
County"public works director or his designee
Milian•M and the County Community
Development Director.
1. The distance to any street intersection shall
be no less than thirty (30) feet (from the
edge of the right-of-way to the edge of the
driveway apron pavement), unless said
requirements are waived by the Countyub�lic
works director or his designee
• - and the County Community Development
Director.
14. Classification Standards for Driveways and Minimum Distances
for Rights -of -Way. Section 952.12(8) is hereby amended to
read as follows:
(8) Types of Driveways
a. Each driveway shall be classified as one of the
following types and regulated • • • according
to the table below. The following definitions shall
control in applying the table and additional
regulations contained in the subsection that
A 1 1 r%wa
1.
2.
3.
MAY 319 1995
Minor
provide
traffic
driveways:
service for
volume of
a minor driveway
a maximum average
499 = vehicles.
shall
daily
Intermediate driveways: An intermediate
driveway shall provide for an
Major drivewa
provide for
volume of J
A major driveway shall
34
ORDINANCE 95-10
Project Driveway/Access
Road Types:
Minor/Local
Minor/Collector
Minor/Arterial
Intermediate/Local
Intermediate/Collector
Intermediate/Arterial
Major/Local
Major/Collector
Major/Arterial
b.
MAY 319 1995
Required Distance from
Right -of -Way Line to
Centerline of Interior
Drives or Nearest Edge of
Parking Space Accessing
Drive Directly:
Locate outside of
required buffer
Locate outside of
reauired buffer
25 Feet
25 Feet
25 Feet
25 Feet
100 Feet
100 Feet
The following additional regulations shall apply:
1. Minor driveways shall provide minimum single-
la_ne widths of 12 feet and provide minimum
vehicle radii of 30 feet.
2.
Intermediate driveways shall provide minimum
ingress lanes 14 feet wide and egress lanes 12
feet wide, and shall provide minimum vehicle
turnina radii of 35 feet.
3. Major driveways shall provide minimum inaress
lanes fourteen (14) feet wide and egress lanes
twelve (12) feet wide, and shall provide
minimum vehicle turning radii of forty (40)
feet.
4. For driveways that provide service for one
hundred (100) or more peak hour departures and
that access onto a collector or arterial
route, and where left and right turn egress is
allowed, dual egress lanes shall be provided
with a minimum four -foot separation from the
ingress lane.
35
BOOK 95 PALE 252
BooK 95 PAu 253
ORDINANCE 95-10
15. Staff -Level Approval of Certain Administrative Permits.
A. Section 971.04 is hereby amended to read as follows:
Section 971.04. Review of
administrative permit.
ra
uses requiring an
strative permit uses re(
'ommission a
irina Planni
®(a) Purpose and intent. This section is established
to provide for the approval of administrative permits by
the planning and zoning commission. Administrative
permit approval is required for certain activities which,
because of their scale, duration or nature, would not
generally have an adverse impact on their surroundings
when regulated in accord with the standards set in this
chapter. Unless otherwise specified in Sections 971.07-
971.45 for particular uses, administrative permit
requests shall be reviewed for approval by the Planning
and Zoninq Commission.
®(b) Establishment of uses requiring administrative
permits. The district regulations of Chapter 911,
Zoning, specify those uses which require an
administrative permit. Such uses shall be permitted only
after being approved pursuant to the procedures
established in this section and only after satisfying the
specific use criteria established in this chapter.
=(c) Authorization. The planning and zoning
commission is hereby authorized to decide all
applications for administrative permits, as set forth in
these provisions, subsequent to a recommendation by the
community development director.
®(d) Conditions and safeguards. The planning and
zoning commission may attach to its approval of an
administrative permit any reasonable conditions,
limitations or requirements which are found necessary in
its judgement to effectuate the purposes of this section
and carry out the spirit and purpose of the chapter.
®(e) Procedures for review of uses requiring
administrative permits. Uses requiring an administrative
permit shall be reviewed by the planning and zoning
commission, pursuant to the procedures and notice
requirements established in Chapter 914, Site Plans.
• f Standards. No administrative permit shall be
approved by the planning and zoning commission unless:
M1. Specific requirements. The proposal is
in compliance with all applicable
specific land use regulations of Chapter
971 and all other applicable regulations.
[M2. Comprehensive Plan. The proposal is
determined by to be consistent with the
Indian River County Comprehensive Plan.
M(q) Status —of decisions. Actions taken by the
planning and zoning commission regarding administrative
permits shall be deemed final unless appealed to the
board of county commissioners, pursuant to the site plan
appeal procedures of Chapter M 914.
36
MAY 319 1995
M
M
_I
ORDINANCE 95-10
Administrative Permit Uses Approved at Staff Level.
As indicated in sections 971.07-971.45, certain
specific administrative permit uses shall be
reviewed and approved at a staff level. Such uses
may be approved by the community development
director or his designee when accompanied by an
administrative approval site plan request. When
accompanied by a request reviewed as a minor site
plan, such uses may be approved by the Technical
Review Committee. Staff shall apply conditions and
safeguards and standards as stated in section
971.04(1), above. Actions taken by staff shall be
final unless appealed, pursuant to the site plan
appeal procedures set forth in Chapter 914.
B. Section 902.05(10)is hereby amended to read as follows:
(10) The planning and zoning commission shall consider
- whether proposed administrative permit uses requiring
• •- planning and zoning commission
review and approval conform to the specific use
requirements and make decisions related thereto.
C. Section 902.10(3)(b) is hereby amended to read as
follows:
(b) The technical review committee shall approve,
approve with conditions, disapprove or postpone
consideration of minor site plans (as defined
herein) and certain administrative permit uses
allowed to be reviewed and approved by the
committee. Actions by the technical review
committee regarding minor site plans and
administrative permit uses shall be final unless a
written appeal to the planning and zoning
commission is filed by the applicant within ten
(10) working days.
D. Section 902.11(1) is hereby amended to read as follows:
(1) The community development director approves all
administrative approval applications, and certain
administrative permit uses allowed to be reviewed and
approved by the community. development director or his
designee, and may require technical review committee
review of administrative approval applications.
C. Section 971.08(11) is hereby amended to read as follows:
(11) Specialty farms (administrative permit : no
Planning and ZoningCommission review or approval
required if associated with a site plan reviewed as
an administrative approval or minor site plan).
(a) Districts requiring administrative permit
approval, (pursuant to the provisions of
971.04): A-11 A-21 A-3.
37
MAY 319 1995
BooK 95 PALL 254
BooK 95 fAu 255
ORDINANCE 95-10
(b) Criteria for specialty farms:
1. A site plan showing the location and
nature of all structures and fenced areas
containing any animals, and all other
information requirements of Chapter 914;
2. The minimum lot area for such uses shall
be five (5) acres;
3. No structure or fenced area containing
any animals being raised, bred, or kept
in connection with such use shall be
closer than seventy-five (75) feet to any
property line, unless such structures are
sound -proofed.
D. Section 971.08(12) is -hereby amended to read as follows:
12) Stables, noncommercial (administrative permit
• •ial exce• • : no Planning and Zoning Commission
review or approval required if associated with a site
plan reviewed as an administrative approval or minor site
DlanI.
(a) Districts requiring administrative permit
approval, (pursuant to the provisions of
971.04): Con -3, Con -2, RFD, RS -1, RS -2, RS -3,
RS -6, RT -6, RM -3, RM -4, RM -6, RM -8, RM -10.
(b) Additional information requirements: The
applicant shall submit a site plan which shall
show the location of all existing and proposed
structures and the location of any fences, and
all other information required in Chapter 914.
(c) Criteria for noncommercial stables:
1. Noncommercial stables shall be allowed in
nonagricultural districts only as an
accessory use;
2. Such uses shall be located on lots having
an area no less than two (2) acres;
3. The number of horses shall not exceed one
per acre;
4. Enclosed structures, such as barns, shall
have a minimum setback of fifty (50) feet
from any property lines;
5. The applicant shall provide a fence which
has a minimum height of four (4) feet and
totally encloses the property to be used
in association with the stable.
38
MAY 319 1995
M M M
_ M
ORDINANCE 95-10
E. Section 971.41(1) is hereby amended to read as follows:
(1) Accessory housinq for ni htwatchmen.
(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 special
exception).
(a) Districts requiring administrative permit
approval, (pursuant to the provisions of
971.04): A-1, A-2, A-3, CH, IL, IG.
(b) Districts requiring special exception
approval, (pursuant to the provisions of
971.05): Con -1.
(c) Additional information requirements:
I. A written statement specifically
describing the nature of the facilities
for which security is needed and the
length of time the quarters will be
needed;
2. A site plan in accordance with Chapter
914;
3. A list of the time during which the
quarters will be used and the number of
persons occupying them.
(d) Criteria for accessory housing for
nightwatchmen:
1. Such housing shall be used exclusively by
person(s) employed for the purpose of
ensuring the security of the premises
during the evening and/or nonbusiness
hours; -
2. These quarters shall only be inhabited by
employees during their respective shift
hours and at no time shall be used as a
principal dwelling;
3. Such quarters shall be provided with
potable water and sanitary sewer
facilities and may contain kitchen
facilities;
4. Such quarters shall only be large enough
to accommodate the maximum number of
persons who may use the quarters during
any one shift;
F. Section 971.41(4) is hereby amended to read as follows:
(4) Guest cottages and servant quarters (administrative
permit . special exception).: no Planning and Zoning
Commission review or approval required if associated with
39
MAY 31, 1995 Bm, 95 PAS 256
ORDINANCE 95-10
a site plan reviewed as an
BOOK 95 PA;,,E257
istrative avDroval or
(a) Districts requiring administrative permit
approval, (pursuant to the provisions of
971.04): A-1, A-2, A-3, RFD, RS -1, RS -2, RS -
3, RS -6, RT -6, RM -31 RM -4, RM -6, RM -81 RM -10,
Con -2, Con -3.
(b) Additional information requirements: A floor
plan showing the dimensions of all rooms and
the location of all facilities.
(c) Criteria for guest cottages and servant
quarters:
1. Structures shall be an accessory
structure or portion of a principal
single-family dwelling;
2. Structures shall not be located closer
than fifteen (15) feet to the principal
dwelling on the lot when detached from
the principal dwelling;
3. No guest cottage may be utilized for
commercial or rental purposes;
4. The guest cottage shall be used for the
intermittent or temporary occupancy by a
nonpaying guest. The servant quarters
shall be for the occupancy of servants
(and spouses, parents and children)
working on-site;
5. A legal document must be filed in public
records which states the limitations of
the use on-site.
G. Section 971.41(5) is hereby amended to read as f-ollows:
(5) Mobile homes in agricultural areas (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).
(a) Districts requiring administrative permit
approval, (pursuant to the provisions of
971.04): A-1, A-2, A-3, =.
(b) Additional -information requirements:
1. Proof that the land upon which the mobile
home shall be located is classified as
agricultural for purposes of ad valorem
tax assessment;
2. A site plan showing the location of all
principal and accessory structures and
a-1-1 other information required in Chapter
914.
40
MAY 319 1995
ORDINANCE 95-10
(c) Criteria for mobile homes:
1. The mobile home shall be used by the
owner or worker in active agricultural
operations;
2. The reviewing body shall deem the mobile
home necessary for the agricultural use
of the land;
3. The mobile home shall be placed on at
least five (5) acres of land;
4. The reviewing body shall determine that
the mobile home is an accessory use to an
active agricultural operation on property
under the same ownership as the parcel
upon which the mobile home will be
located;
5. Such use shall be accessory to productive
agricultural operations, having a minimum
of forty (40) acres.'
H. Section 971.41(6) is hereby amended to read as follows:
(6) Multiple -family dwellings in commercial areas
(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).
(a) Districts requiring administrative permit
approval, (pursuant to the provisions of
971.04): MED, CN, CL, CG.
(b) Additional information requirements: A site
plan meeting the requirements of Chapter 914
which shows the location and specification of
all hospital emergency entrances or exits
within five hundred (500) feet of the site.
(c) Criteria for multiple -family dwelling within a
MED district:
1. All proposed developments shall be
subject to the size and dimension
criteria for multifamily dwelling within
the RM -8 district;
2. No residential site shall be located
within five hundred (500) feet of a
hospital complex, emergency entrance or
exit.
(d) Criteria for multiple -family dwellings with a
CN, CL, or CG district:
1. All dwelling units shall be accessory to
a permitted use within the applicable
zoning district;
41
MAY 319 1995
BOOK 95 PAu 258
BOOK 95 PAGE 259
ORDINANCE 95-10
2. In cases where a single-family unit is
being used in conjunction with a
business, the total area of the residence
may exceed the total area of the
business. No dwelling unit shall have
street frontage on the ground floor.
I. Section 971.41(7) is hereby amended to read as follows:
(7) Single-family docks constructed prior to the
construction of a princi al sin le -family dwelling unit
(administrative permit and special exception)no
Planning and Zoning Commission review or approval
required if associated with a site plan reviewed as an
administrative approval or minor site plan).
(a) The construction of a single-family dock on a
lot prior to the construction of a principal
single-family dwelling unit on the same lot
shall be permitted for the purpose of
providing waterfront property owners vested
riparian rights for access to the adjacent
waterbody.
The aforementioned dock, however, shall
continue to be construed as an accessory
structure and its use prior to the issuance of
a certificate of occupancy for the principal
structure shall not be considered consistent
with the appropriate zoning district
regulations.
(b) Districts requiring administrative permit
approval, (pursuant to the provisions of
971.04): A-1, A-2, A-3, RFD, RS -1, RS -2, RS -
3, RS -61 RT -6, RM -3, RM -4, RM -6, RM -81 RM -10.
(c) Districts requiring special exception
approval, (pursuant to the provisions of
971.05): Con -2, Con -3.
(d) Additional information requirements:
1. A site plan showing the dimensions,
elevations and location of the dock
structure;
2. All applicable local, state, and federal
permits and/or leases or consent of use
agreements shall be submitted to the
planning division prior to release of the
dock site plan.
(e) Criteria for single-family docks constructed
prior to the construction of a principal
single-family unit:
1. The owner shall submit and record in the
public records of Indian River County an
agreement that the dock will not be used
until such time as a certificate of
occupancy for the principal single-family
unit is issued by the county;
MAY 319 1995
M M M
M -
ORDINANCE 95-10
2. To secure the agreement, the owner shall
post with the county a one -thousand five
hundred dollar ($1,500.00) cash escrow
deposit which may be utilized by the
county for removing the dock upon the
determination by the code enforcement
board that the dock has been used with
the owner's knowledge. Said escrow funds
shall be released to the owner providing:
a. The dock is removed within thirty
(30) days by the owner to the
satisfaction of the county; and
b. The owner has received certificate
of occupancy on the principal
structure;
3. Upon determination by the code
- enforcement board that a violation has
occurred, the board shall order the owner
to remove the dock and shall prohibit the
building of a structure riparian to the
land in question for a period of not less
than two (2) nor more than five (5)
years. The order of the board shall be
recorded in the public records of Indian
River County;
4. The dock shall be constructed on pilings
so as not ,to involve filling or dredging
other than necessary to install the
pilings;
5. The dock shall not substantially impede
the flow of water or create a
navigational hazard.
J. Section 971.21(3) is hereby amended to read as follows:
(3) Carry -out restaurants, excluding curb service,
drive-in, drive-through and similar type establishments
(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.
(a) Districts requiring administrative permit
approval, (pursuant to the provisions of
971.04):, MED, OCR.
The intended purpose for allowing the use is
for convenience to serve persons living and
working within the MED district, or living and
working in or near the OCR district.
(b) Additional information requirements:
1. The location and designation for all
thoroughfares providing direct and
indirect access to the site;
2. The location of all hospital emergency
entrances or exits within five hundred
(500) feet of the site.
43
MAY 319 1995 Book 95 PAu X0'0
A
Booz 95 FAu 261
ORDINANCE 95-10
(c) Criteria for carry -out restaurants and
restaurants, excluding curb service, drive-in,
drive-through and similar type establishments:
1. No site shall be located within five
(500) feet of a hospital emergency
entrance or exit;
2. No site shall be located adjacent to an
arterial roadway, as designated on the
Indian River County thoroughfare plan;
3. No establishment shall have direct access
onto an arterial roadway.
16. Accessory Storage Structures Restrictions and Prohibitions.
A. Section 911.15(2)(k) is hereby amended to read as
follows: -
(k) Utility buildings. Utility buildings or sheds of
one hundred (100) square feet or less may be
located within a required side or rear yard,
provided a minimum of five (5) feet is maintained
from the side or rear property line and clear of
all easements. Only one such utility building or
shed may be allowed to encroach into a required
yard on a single lot or parcel of land. A utility
building or shed (100 square feet or less) that is
to be located to within 5 feet of a side or rear
B. Section 917.06(13) is hereby created, to read as follows:
(13) Accessory storage structures. No mobile home,
travel trailer, motorized vehicle, vehicle body, or
any portion thereof, shall be used as or converted
to be used as an accessory storage building or
shed. Any structure to be used as an accessory
storage building or shed shall be designed for such
use and shall meet building code requirements for
,1101
17. Buffers Between Certain Institutional Uses.
A. Section 971.28(5)(d)4 [places of worship] is hereby
amended to read as follows:
4. A Type "C" • buffer shall be provided along
all property boundaries where the facility is
located adjacent to a single-family residentially
MMIFITIST -• zoned property. A Type "D"
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.
44
MAY 319 1995
B.
C.
ORDINANCE 95-10
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, adult care facility, community
center, or school. Consideration shall be
given to security, noise, and visual impacts.
Where a waiver or buffer reduction is granted,
normal perimeter landscaping requirements
shall apply, and alternative requirements
(such as fencing) may be required.
Section 971.14(1)(d)3.a [community centers] is hereby
amended to read as follows:
3. Type "B" . buffer, as defined in Chapter
926, must be provided along all property boundaries
when the facility is located within or adjacent to
a residential use or residentially zoned area.
a. The Board of County Commissioners may waive or
reduce the buffer requirements where the
community center is located next to an
existing cemetery, place of worship, child
care facility, adult care facility, community
center, or school. Consideration shall be
given to security, noise, and visual impacts.
Where a waiver or buffer reduction is granted,
normal perimeter landscaping requirements
shall apply, and alternative requirements
(such as fencing) may be required.
Section 971.14(4)(d)6.a. [schools/educational centers] is
hereby amended to read as follows:
6. Facilities shall have a Type "C" buffer in the A-1,
A-2, A-2, RFD, RS -1, RS -2, RS -3, and RS -6
districts.
a. The Board of County Commissioners may waive or
reduce the buffer requirements where the
educational facility is located next to an
existing cemetery, place of worship, child
care facility, adult care facility, community
center, or school. Consideration shall be
given to security, noise, and visual impacts.
Where a waiver or buffer reduction is granted,
normal perimeter landscaping requirements
shall apply, and alternative requirements
as rencinq) may be required.
D. Section 971.14(4)(d)7.a. [schools/educational centers] is
hereby amended to read as follows:
7. The facilities shall have a Type "D" buffer in all
other residential districts not listed in
subsection 6 above.
a. The Board of County Commissioners may waive or
reduce the buffer requirements where the
educational facility is located next to an
existing cemetery, place of worship, child
E,V
MAY 319 1995
boas 95 PAEE292
BOOK 95 pAu 263
ORDINANCE 95-10
care facility, adult care facility, community
center, or school. Consideration shall be
given to security, noise, and visual impacts
Where a waiver or buffer reduction is granted,
normal perimeter landscaping requirements
shall apply, and alternative requirements
(such as fencinal may be recuired_
E. Section 971.28(8)(b)2.a. [cemeteries] is hereby amended
to read as follows:
2. A type "C" buffer shall be provided along all
property boundaries where burial sites are located
adjacent to any residentially designated property.
A type "D" buffer shall be provided along
all other property boundaries not residentially
designated.
a. The Board of County Commissioners may waive or
reduce the buffer requirements where the
cemetery is located next to- an existing
cemetery, place of worship, child care
facility, adult care facility, community
center, or school. Consideration shall be
given to security, noise, and visual impacts.
Where a waiver or buffer reduction is granted,
normal perimeter landscaping requirements
shall apply, and alternative requirements
(such as fencinq) may be required.
18. Administrative Permit Appeal Procedures.
Section 971.04(7) is hereby amended to read as follows:
(7) Status of decisions. Actions taken by the planning and
zoning commission regarding administrative permits shall be
deemed final unless appealed to the board of county
commissioners, pursuant to the,procedure of Chapter 9 site
plan appeal procedures set forth in Chapter 914.
19. Final Plat Survey Requirements. Section 913.07(6)(D)(10) is
hereby amended to read as follows:
10. a.
b.
The initial point in the description shall be
accurately tied to the nearest •
government •corner,government corner, and a
second point shall be tied to a second government
corner. . A certified corner record must be
submitted to the Count Surveyor and to the
-• • - • Department of
Environmental Protection for each such corner, in
accordance with Florida Statutes Section 177, Part
III.
Ties to at least 2 Indian River County Horizontal
Control Network (IRCHCN) monuments shall be
provided if any portion of the site to be platted
is within 1 mile of 1 such monument. This
ane
ma
or
in
46
MAY 319 1995
M M
ORDINANCE 95-10
C. Ties to government corners and to IRCHCN monuments
shall conform to FGCC Third Order Class I standards
and shall be so certified on the face of the plat
under the Certificate of Surveyor._
20. Limitations on Opaque Buffer Feature Materials.
A. Section 901.03, definition of "Buffer, opaque feature" is
hereby amended to read as follows:
Buffer, opaque feature: an additional screening
requirement pertaining to landscape buffers, to provide
a visual screen between adjacent land uses. An opaque
buffer feature is intended to completely exclude all
visual contact between uses, to a specified height (six
(6) feet or three (3) feet). The opaque feature is
applied in conjunction with a particular buffer type,
said buffer type consisting of canopy/shade trees,
_. understory and groundcover (reference Chapter 926,
Landscape and Buffer Ordinance). The opaque feature may
be composed of a wall, solid and/or slatted fence
landscaped earth berm, planted vegetation, or existing
vegetation, or any combination thereof which maintains a
completely opaque screen of a specified height. The
opaque feature must be opaque in all seasons of the year,
and shall not consist of fabric screening material.
B.
Section 954.10(6)c is hereby amended to read as follows:
C. A type "D" buffer with six ( 6 ) foot ( or greater)
opaque feature shall be provided on the storage lot
site where the site abuts a collector or arterial
roadway, or a local roadway where property opposite
the storage lot site is not zoned CH, IL, or IG.
Along a local roadway where property opposite the
storage lot site is zoned CH, IL, or IG, a type "D"
buffer with three (3) foot (or greater) opaque
feature shall be provided.
21. Restrictions on Certain Mining Activities. Section 934.07(3)
is hereby amended to read as follows:
(3) Conditions of the mining permit.
(a) The maximum project -site development phase for
mining activities shall not exceed twenty (20)
acres per phase.
(b) No mining excavation shall occur within one hundred
fifty (150) feet of a projected right-of-way line
of any existing or proposed public road right-of-
way nor within one hundred fifty (150) feet of the
outer perimeter of the project property. Where a
mining operation consists only of the removal of a
mound and does not consist of lowering the
elevation of ground below the neighboring property,
an exception of the one hundred fifty (150) feet
setback may be permitted at the time of site plan
approval. In addition, the applicant shall satisfy
the following:
47
MAY 319 1995
BOOK 95 PnE 264
Boa 95 mu 265
ORDINANCE 95-10
1. A ' 300' setback from adjacent occupied
structures (structures existing as of the date
of site plan application for the mining
project) to mining pits, on-site haul roads,
and -material stockpile areas._
(c) Any mining activity that results in the creation or
expansion of a waterbody greater than one-quarter
(J) acre in size shall be subject to the provisions
of section 934.05, water management standards, of
this chapter. Projects creating waterbodies must
also provide a safety/security plan for the mining
operation phase, including, but not limited to,
fences, access, control, and other security
methods.
(d) If the project site is of a size that falls below
St. Johns River Water Management District
permitting thresholds and is located (in whole or
part) on the Atlantic coastal sand ridge, no
excavation governed by a mining permit shall result
in an average elevation of less than twenty-five
(25) feet mean sea level (MSL) for that portion of
the project site located on the sand ridge. Mining
project sites that are large enough to fall within
St. Johns River Water Management District (SJRWMD)
permitting requirements shall conform to SJRWMD
permitting requirements concerning depth of mining
and all other applicable SJRWMD permitting
requirements.
(e) If the project site is adjacent to a residentially
zoned area, the perimeter of the site abutting such
an area shall include a fifty -foot wide bufferyard
and a type "A" buffer along said site boundary.
(f) No crusher, mixing plant, bin, tank, or structure
directly involved in the production process shall
be located less than six hundred (600) feet from
any adjacent residentially zoned property, -and two
hundred fifty (250) feet from all other adjacent
non -residentially zoned property.
(g) Hard rock mining activities shall ensure that
measures are taken to control dust.
(h) The Indian River County Planning and Zoning
Commission shall, upon approval of the mining site
plan, order issuance of an operating permit to the
owner of the land under his signature, and such
permit shall be issued within ten (10) days after
the determination of compliance by the commission.
(i) Provisions for continuing operation. Nothing
herein shall be construed as a requirement that an
operator of an existing sand mine shall cease
operations until a mining site plan has been
approved, providing a mining site plan has been
Dreviously aDDroved and maintained.
(j) The planning and zoning commission shall approve a
reasonable timetable for the completion of all
mining activities, including restoration.
48
MAY 319 1995
ORDINANCE 95-10
22. Political Sign Regulations.
Section 956.15(1) is hereby amended to read as follows:
(1) Political signs. No political sign shall be displayed in
the unincorporated area of Indian River County unless a
county sign permit has been obtained subject to the
provisions of this section. A single overall sign permit
may be obtained for placement of more than one political
si n includinq multiple si ns dis la ed as part of a
count -wide cam ai n.'.Placernent of • . ••
signs -does, not require a � permit, provided , all; other
provisions .f this -chapter are
(a) Timing of placement. Political signs may be
displayed no more than thirty (30) days prior to
the election in which the candidate's name or the
issue will appear. Any unopposed candidate in the
first primary who will face opposition in the
following general election may erect temporary
political signs thirty (30) days prior to the first
primary, notwithstanding the fact that the
candidate's name will not appear on the first
primary ballot.
(b) Timing of removal. All political signs shall be
removed from the premises where they were placed by
the candidate, his agent, or the occupant within
five (5) days after the election in which the
candidate is eliminated or elected or after the
resolution of the respective issues by referendum.
(c) Removal bond required. Prior to the placement of a
political sign, or signs, a bond of two hundred
fifty dollars ($250.00) or two hundred fifty
dollars ($250.00) in cash shall be posted with the
community development department. For each
violation discovered, $25.00 of the bond amount
shall be forfeited to the countv uv to the total
bond amount ($250.00). For each violation
discovered, county code enforcement staff shall
record the date, time, location and candidate or
campaign involved. The security may be forfeited
in whole or in part to the county for any the
following reasons:
1. Failure to remove all signs within the
applicable five (5) day period for removal;
2. The placement of signs upon any tree, utility
pole, or similar object;
3. The placement of any sign without permission
of the owner of the property upon which the
sign is placed;
49
MAY 319 1995
BOOK 95 WE 256
ORDINANCE 95-10
4. Placement of a sic
road right-of-way.
regulation, the ro
BOOK 95 PA6E267
in a public or private
For purposes of this
right-of-way line shall
edge of sidewalks or
utility poles furthest from the road. Where
no such structures) are present, the right-
of-way line shall be deemed to be 20' back
from the near edge of roadway pavement or, if
unpaved, the near edge of unpaved roadbed
surface.
The illegal placement of any political sign
advertising a particular candidate shall be prima
facie evidence that the candidate placed or
authorized the placement of said sign.
(d) Procedure for waiver of removal bond. Any
candidate may apply for a hearing before the board
of county commissioners to show cause why he or she
is unable to post a bond as required in this
section. Upon a showing of good cause, the board
of county commissioners may waive the bond
requirement. However, any candidate who obtains a
waiver of the bond requirement shall not be
relieved of the removal requirements herein and
shall be responsible to the county for the cost of
the county's removing any signs placed in violation
of this section.
(e) Zoning districts permitted. Political signs are
permitted in all zoning districts subject to the
rules set forth below.
(f) Political signs in residential districts.
Political signs in residential districts, as
defined in Chapter 901, Definitions, are allowed
subject to the following provisions:
1. One sign not exceeding sixteen (16) square
feet per lot or parcel of land;
2. Signs shall not be illuminated and shall be
freestanding;
3. Signs shall be located wholly on the private
property and shall be placed at least five (5) -
feet from all rights-of-way and fifteen (15)
fee from all other property lines, and shall
not exceed five (5) feet in height.
(g) Political signs in nonresidential districts.
Political signs in all nonresidential zoning
districts are allowed subject to the following
provisions:
1. One sign per candidate or issue is allowed and
not more than two (2) signs per premises are
allowed. The allowable signage shall not
exceed (16) square feet. These signs shall be
separated by a minimum distance of fifteen
(15) feet;
50
MAY 319 1995
M M
ORDINANCE 95-10
2. Signs shall not be illuminated;
3. Signs shall be located wholly on the private
property and shall be placed at least five (5)
feet from any right-of-way and fifteen (15)
feet from all other property lines and shall
not exceed ten (10) feet in height.
(h) Reimbursement for removal expense. Upon issuance
of a permit, the permittee shall agree to reimburse
the county for any and all expenses of removal
incurred by the county over and above any
applicable bond or cash deposit coverage.
{i) Violations. Any violations of the provisions of
this chapter shall be subject to punishment by a
fine not to exceed five hundred dollars ($500.00),
or by imprisonment in the county jail not to exceed
sixty (60) days, or by both such fine and
imprisonment.
23. Criteria for Allowing Road Name Designations.
Section 951.05(4) is hereby amended to read as follows:
(4) Named roads:
(a) The requirement of number designations for roads in
the unincorporated county shall not apply to named
roads established prior to the date of this
chapter.
(b) All new roads established in the unincorporated
county shall be issued a number designation in
conformance with the grid pattern as described
hereine, with the following exceptions:
c.
MAY 319 1995
1. continuations of existing, named
with name designations only), or
2. roads on the barrier island or
3. private roads within a planned development or
a private subdivision that do not fit into the
county's existing grid system of east west and
north south roads.
At the time of development plan application, staff
shall apply these criteria in its review of
requests for use of road names. Staff
determinations shall be final unless a ealed
pursuant to the provisions of 951.09(2).
Proposed road names shall not duplicate or closely
Approximate the name of an existing or aDDroved
51
Bou 95 FaiE 268
BOOK 95 PACE 269
ORDINANCE 95-10
24. 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.
25. CODIFICATION
The provisions of
the County Code and
"section", "article",
of this ordinance may
such intentions.
26. SEVERABILITY
this ordinance shall be incorporated into
the word "Ordinance" may be changed to
or other appropriate word, and the sections
be renumbered or relettered to accomplish
If any section, part
of this ordinance is for
inoperative or void, such
portions hereof and it
legislative intent to
unconstitutional, invalid
27. EFFECTIVE DATE
of a sentence, paragraph, phrase or word
any reason held to be unconstitutional,
holdings shall not affect the remaining
shall be construed to have been the
pass this ordinance without such
or inoperative part.
The provisions of this ordinance shall become effective upon
receipt from the Florida Secretary of State of official
acknowledgement that this ordinance has been filed with the
Department of State.
Approved and adopted by the Board of County Commissioners of
Indian River County, Florida on this 31St day of
1995.
This ordinance was advertised in the Vero Beach Press -Journal on
the 6th day of � , 1995, and on the 25th day of
May , 1995, for public hearings to be held on the 15th
day of May , 1995, and on the 31st day of
May , 1995 at which time at the final hearing it was
moved for adoption by Commissioner ggart , seconded
by Commissioner Richard N. Bird , and opted by the
following vote;
Chairman Kenneth R. Macht
Vice Chairman Fran B. Adams
Commissioner Richard N. Bird
Commissioner Carolyn K. Eggert
Commissioner John W. Tippin
52
MAY 319 1995
Absent
Aye
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY
By
Fran B. Adams, Vice Chairman
ATTEST BY:
I� Jef rton, Clerk
ORDINANCE 95-10
Acknowledgement by the Department of State of the State of Florida
this day of , 1995.
Effective Date: Acknowledgement from the Department of State
received on this day of , 1995 at
A.M./P.M. and filed in the office of the Clerk of the
Board of County Commissioners of Indian River County Florida.
APPROVED AS TO LEGAL FORM
William G. Collins II
Deputy County Attorney
Community
u\a\s\04131dr.ora
AS TO PLANNING MATTERS
Diifedtor
Coding: Words in • • -• • type are deletions from existing law.
Words underlined are additions.
38
53
MAY 319 1995
BOOK 95 PALS 2 7
Rq
0
0
m
1.
a
Project 6 Site Location and Site Areas in
Status Section, Township, Acres and Type
Range of Mining.
r^
Types of Mining Related Number of Occupied Residences
Activity Within a 150' Within a 500' Perimeter of the
Perimeter of the Site Pit Excavation
William "Billy"
Cobb; Active
1100 94th Avenue
S.W.; 27-33-38
Site: 77.59
Mine: 51.60
dewatering
Retention Swale around
excavated pit
None.
Atlantic Coast
West side of Old
Site: 113.1
1) Scraping type
Numerous residences to
(Brown); Approved
Dixie South of CR
Mine: 72.5
excavations to an
the west in Sebastian
but not released
512; 07-31-39
hydraulic dredge
elevation no lower than
Highland Subdivision and
and scraping
adjacent property.
South Moon Under
Subdivision
2) Required 50' wide
bufferyard provided
between residences and
excavated pit.
3) Internal hauling
associated with scraping
Corrigan's Ridge;
2610 98th Avenue
Site: 40.0
1) Internal hauling
No residences within
Approved but not
(west of I-95 off SR
Mine: 24.8
roadways along the
500'
released
60); 34-32-38
drag line in wet
site's boundary abutting
Vero Tropic Gardens
Note: the southern
Subdivision
portion of the northern
lots of Vero Tropic
2) Required 50' wide
Gardens Subdivision are
bufferyard between
within 500' of the
excavated pit and Vero
excavated pit
Tropic Gardens
Subdivision
1
"e
LO
in
ON
M
1
1
1
Ln
Ch
6.
H
0
7.
8.
1
Project &
Status
Site Location and
Section, Township,
Range
Site Areas in
Acres and Type
of Mining
99
Y r
O
Types of Mining Related Number of Occupied Residences
Activity Within a 150' Within a 500' Perimeter of the
Perimeter of the Site Pit Excavation
Corrigan's Ranch;
2605 98th Avenue;
Site: 36.96
Haul route across the SE
None.
Approved by not
33-32-38
Mine: 9.09
corner of the 150'
released
drag line in wet
setback
7950 5th'Street
Site: 120.0
1) Stockpiling areas
2 residences
Rebel Ranch;
S.W.; 24-33-38
Mine: 49.5
Approved by the PZC
hydraulic dredge
2) Internal hauling
and denied by the
roadways
BCC on appeal;
Lawsuit in
progress.
Tripson; Active
3105 17th Street
Site: 47.46
bermed retention areas
1 residence
S.W.; 36-33-39
Mine: 16.10
within 25' of west
hydraulic dredge
boundary
Fischer & Sons,
8825 66th Avenue
Site: 38.98
1) 50' bufferyard along
1 residence to the west
Inc.; Active
(Schumann Drive);
Mine: 23.14
north boundary
and Sebastian Highlands
30-32-39
hydraulic dredge
residences to the north
2) Security trailer 50'
from Schumann Drive to
east
Price; Active
20805 20th Street
Site: (gross 652)
300' from SR 60
None.
(SR 60 13 miles west
limits of
of I-95); 36-33-38
development 11.00
Excavation surrounded by
Mine: 10.75
vacant land under one
hydraulic dredge
owner
None
2
Ln
Ln
Kn
OS
01
en
:1�
Uq
9.
Project & Site Location and Site Areas in
Status Section, Township, Acres and Type
Range of Mining
t:
7
Types of Mining Related Number of Occupied Residences
Activity Within a 150' Within a 500' Perimeter of the
Perimeter of the Site Pit Excavation .�
Lindsey Road;
Inactive in default
6150 49th Street
(Lindsey Road); 20-
Site: 65.30
Mine: 20.00
185' to 49th Street
295' from Lindsey Lane
32-39
Subdivision residential
Retention within 185'
lots to the south
setback
None
3
LO
� � v
TO:
FROM:
DATE:
RE:
ORDINANCE 95-10
INDIAN RIVER COUNTY
INTER - OFFICE MEMORANDUM
Stan Boling, Director, Planning Division
Terrence P. O'Brien, Assistant County Attorney%yrrU
May 23, 1995
POLITICAL SIGNS IN RIGHT-OF-WAY
This office has been asked if the County can allow political signs in
County rights-of-way.
In general, the County has control of those items that may be placed in
County right-of-way consistent with safety standards and statutory
restrictions. With respect to statutory restrictions Section 106.1435 (3) ,
F.S.,, as % s
c
(3) Pursuant to Chapter 479, no political campaign
advertisement shall be erected, posted, painted, tracked,
nailed, or otherwise displayed, placed, or located on or above
any state or county road right-of-way.
This would at first blush lead you to the conclusion that no political
signs may be placed in county right-of-way. The only thing that
clouds this interpretation is the phrase "Pursuant to Chapter 479" .
This chapter primarily pertains to and regulates advertising on any
highway on the state highway system, interstate highway system, or
federal -aid primary system. Further, Section 479.155, F.S. , states as
follows:
"The provisions of this Chapter shall not be deemed to
supersede the rights and powers of counties and
municipalities to enact outdoor advertising or sign ordinance."
It appears from the foregoing, that, until legislation to the contrary is
enacted or until judicially determined otherwise, the County has the
power, Section 106.1435(3) notwithstanding, to regulate in County
right-of-way the placement of political signs and other non -traffic
related items.
TPO/sw
57
MAY 319 1995
ATTAM%M f 4
BOOK 95 PACE 274
BOOK 55 PAGE 275
Vice Chairman Adams then announced that Mr. Henn would like to
speak to the public and anyone else with a public comment may come
up also.
Peter Henn, Attorney of Post Office Box 2783, Vero Beach,
handed out the following letter to the Commissioners:
Lg—Vl
a I
if! k
��B
P.O.
c
0038 p�
Boca Rata
�L
6
33497-0038
Phone(407)451-8370
Fax (407) 451-9370
PETER J. HENN, P.A.
Attorney at Law
Please Reply To: Vero Beach
Cellular (407) 451-6308
May 31, 1995
VIA HAND DELIVERY
Honorable Kenneth R. Macht, Chairman
of the Indian River County Board of
County Commissioners
Honorable Members of the Indian River County Board of
County Commissioners
Charles P. Vitunac, County Attorney
Robert M. Keating, Community Development
Director
Stan Boling, Planning Director
County Administration Building
1840 25th Street
Vero Beach, Florida 32960
P. O. Box 2783
Vero Beach. Florida
32961-2783
Phone (407) 778-0180
Fax (407) 770-4727
Re: Proposed Revision to the Land Development Regulations (the "Zoning Code")
to Limit Future Amendments to the Zoning Code During the Months that a
Large Portion of the Citizens are Absence from the County
Ladies and Gentlemen:
In my legal representation of various homeowners and property owners throughout Indian
River County, the following question continues to be asked: Why do the County Commissioners
change the text to the Zoning Code durin¢ the summer months when we are out-of-town and,
as such, cannot voice our concerns as citizens? To date, I have been unable to give these
homeowners and property owners a good answer to this question. Quite frankly, I do not
believe there is a good answer to this question.
Although all of the decisions that the County Commission make have an impact on the
lives of its citizens, land use and zoning decisions have the potential of having the largest impact
since in many cases these decisions adversely impact the "backyards" of these citizens. Effective
public participation (which is more important than just providing legal notice of a public hearing)
cannot be achieved in Indian River County during the summer months when the concerns of a
large portion of the citizens cannot be heard. However, you do not need me to tell you this
since I am sure that each of you already know this to be true.
58
MAY 319 1995
_ M M
Based on the foregoing, I respectfully offer to you the following proposed revision to the
Zoning Code which will provide for effective public participation and good government in Indian
River County:
Proposed Revision to Section 902.12(2) entitled "Changes and amendments".
The board of county commissioners may from time to time, on its own motion,
the motion of the Indian River County Planning and Zoning Commission, or the
petition of the owner or the owner's authorized agent, amend, supplement,
change, modify, or repeal by ordinance, pursuant to the authority and in the
manner provided herein, any of the provisions of the land development
regulation: provided, however, except in (i) emergency situations (ii) pursuant
to a requirement of the Department of Community Affairs, or (iii) pursuant to a
court order, the land development regulations may not be amended
supplemented, changed, modified, or repealed between June 1 and October 31
during any given year.
(proposed additions are underlined)
This proposed revision seems to strike the proper balance between the need for the
County Commission to act in its legislative capacity and the need for its citizens to have effective
public participation in connection with amendments to the Zoning Code that could adversely
impact the quality of their lives in Indian River County. Thank you for your consideration of
this matter.
Respectfully yours,
PETER J. HENN, P.A.
_ V
VV,
Peter J. Henn
Mr. Henn stated that he would ask for less than 5 minutes of
the Commissioners' time. He has been actively involved with some
homeowners' groups, especially on the north barrier island, who are
very concerned with changes to the land development regulations.
Mr. Henn then questioned why the County Commissioners make changes
during the summer months when these groups are out of town.
Commissioner Eggert advised that the changes occur twice a
year.
Vice Chairman Adams stated that the Board of County
Commissioners operates 12 months out of the year and has probably
made dozens of changes during the summer that did not affect the
groups Mr. Henn refers to. She wanted Mr. Henn to understand
59 BOOK 95 PAa-21
MAY 319 1995
Boa 95 PALE 277
that, even though it might seem that when something comes up, the
groups are out of town;. these groups choose to be out of town, and
the year-round residents choose to stay here. She believed that
the Board would be alert to a purposeful effort by a group to stall
a particular zoning change.
Commissioner Eggert then questioned whether December is the
next time LDRs come forward, and Director Boling responded that the
County does not have any particular window for these changes but
staff tries to group them together about twice a year.
Commissioner Eggert stated that most of the parttime residents
are gone by April 15th and do not come back before the 1st of
November, with quite a few not returning until January. If the
Board meets approximately every 6 months to consider LDR
amendments, one of the dates has got to fall in the period that the
groups are away. However, regarding the amendment in question,
people became aware of the proposed changes very early on. There
has been a voluminous correspondence, a lot of conversation with
staff, with Planning & Zoning Commissioners, and with County
Commissioners. She has had endless telephone calls on her
answering machine every day and cannot even spend a quiet Sunday
morning. Commissioner Eggert expressed her opinion that there is
no question of these groups not knowing about the changes and
emphasized that the Board could not set these public hearings for
the convenience of one particular group.
Vice Chairman Adams thanked Mr. Henn for the proposed revision
and advised that the County Attorney nor staff have had an
opportunity to examine this. She suggested that Mr. Henn could
submit the revisions at the next regular LDR hearings.
Mr. Henn responded that he is not asking anyone to stop
submitting applications for land development permits, special
exceptions or rezoning. His concern is that certain people wait -
until the summer months to make controversial applications which
should properly be held when there is effective public
participation.
Commissioner Eggert commented that this is not an overnight
process. She is facing some surgery later in the year and does not
want to be away for LDR or Comp. Plan hearings, if possible. It
would appear that the next LDR amendments will be coming up in
December which is really a good time for her.
60
MAY 319 1995
M
Commissioner Bird felt that the point was made. earlier that
the hearings are held twice a year and it is almost impossible that
some of these hearings are not going to fall during the 6 month
period when winter residents choose to be away. Staff went out of
their way in the very beginning when they initiated the change to
meet with people that they knew would be affected by this and make
sure they were aware of it. This has followed a normal course of
events and has not been intentionally delayed by anyone.
Commissioner Bird also commented that a large percentage of the
people represented by Mr. Henn are not here in October, November,
or December for any length of time; that they probably are
primarily here from mid-January until the 15th of April. That is
a pretty narrow window when we are trying to have all of our public
hearings on controversial items.
Vice Chairman Adams thanked Mr. Henn for coming and welcomed
him to the county.
There being no further business, on Motion duly made, seconded
and carried, the Board adjourned at 5:57 p.m.
ATTEST:
J. Ba ton, Clerk Fran B. Adams, Vice Chairman
Minutes Approved: G - %-
61
MAY 319 1995 BOOK 95 PAGE 278