HomeMy WebLinkAbout2023-013ORDINANCE 2023- 013
AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 901.03
(DEFINITIONS IN ALPHABETICAL ORDER) OF CHAPTER 901 (DEFINITIONS), AND
SECTION 912.05(3) (ACCESSORY USES AND STRUCTURES) OF CHAPTER 912 (SINGLE-
FAMILY DEVELOPMENT), OF THE CODE OF INDIAN RIVER COUNTY; PROVIDING FOR
CONFLICT AND SEVERABILITY; PROVIDING FOR CODIFICATION; AND PROVIDING
FOR AN EFFECTIVE DATE.
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER
COUNTY, FLORIDA THAT THE INDIAN RIVER COUNTY LAND DEVELOPMENT
REGULATIONS (LDRS) CHAPTER 901, DEFINITIONS, AND CHAPTER 912, SINGLE-
FAMILY DEVELOPMENT BE AMENDED AS FOLLOWS:
SECTION #1:
Amend LDR Section 901.03, Definitions in alphabetical order; as follows:
Accessory apartment a second dwelling unit, either in or added to an existing single-family
detached dwelling, or in a separate accessory structure on the same lot as the main dwelling, for
use as a complete, independent living facility with provision for cooking, eating, sanitation, and
sleeping. Such a dwelling is an accessory use to the main dwelling.
Accessory structure a structure which is customarily associated with, subordinate in size and
incidental in use to the principal structure and located on the same site. However, accessory
structures may be larger in size than a single-family dwelling, subject to the regulations of
LDR Section 912.05(3). Examples are tool sheds and garages.
Accessory use a use which:
(a) Is clearly incidental to, customarily found in association with, and serves a
principal use;
(b) Is subordinate in purpose, area, and extent to the principal use served; and
(c) Is located on the same lot as the principal use, or on an adjoining lot in the same
ownership as that of the principal use and legally combined via a Unity of Title
or equivalent legal instrument.
Accessway a paved area intended to provide ingress and egress of vehicular traffic from a public
or private right-of-way to an off-street parking area.
SECTION #2:
Amend LDR Section 912.05(3), Accessory uses and structures; as follows:
(3) Accessory uses and structures.
(A) Uses and structures accessory to a single-family dwelling may be allowed upon a
property as pr-evided for- by the definition of aeeessoi-y use and aeoesser-y stmetffe
in-Qhgpt� these definitions ar- as follows:
Bold Underline: Additions to Ordinance
Strike through: Deleted Text from Existing Ordinance
ORDINANCE 2023-013
1. For properties that are less than 0.5 acres in size, the cumulative floor area
of all accessory structures shall be at least one (1) square foot less than the
floor area of the principal single-family dwelling.
2. For properties that are at least 0.5 acres in size but less than 1.0 acres in size,
the cumulative floor area of all accessory structures shall not exceed 1.5
times the area of the principal single-family dwelling.
3. For properties that are at least 1.0 acres in size but less than 4.59 acres
(200,000 square feet) in size, the cumulative floor area of all accessory
structures shall not exceed 2.0 times the area of the principal single-family
dwelling.
4. For properties that exceed 4.59 acres (200,000 square feet) in size, the
cumulative floor area of all accessory structures shall not exceed 3.0 times
the area of the principal single-family dwelling.
5. For items 1-4 above, the floor area measurement for both the accessory
structure(s) and the principal single-family dwelling shall be based on
enclosed area (including enclosed garages), but not unenclosed areas such as
open and screened porches, carports, terraces, and patios.
(a) is .10 L11, aleidentKa
to,
customarily fVnaau in wv.Vtl1t1Vl
with, 41LL
sel,es u
prineipaluse-
J
!h\ T „l,.,r. mate ;
and extent to the piineipaluse
served;
.,n
(r.)— is zeeated on tche�rr-rBt
X1,;3
s tt,.,t
as the E)r- on
J
.11 , sa_
an adjoining
lot in
size and ineidental in use
Examples are too! sheds
to the
and gar
pr-ineipal stfuettife and leeated
-ages,
subordinate
J
on the
in
same site-.
SECTION #3: SEVERABILITY
If any clause, section or provision of this Ordinance shall be declared by a court of competent
jurisdiction to be unconstitutional or invalid for any cause or reason, the same shall be eliminated
from this Ordinance and the remaining portion of this Ordinance shall be in full force and effect and
be as valid as if such invalid portion thereof had not been incorporated therein.
SECTION #4: REPEAL OF CONFLICTING ORDINANCES
The provisions of any other Indian River County ordinance that are inconsistent or in conflict with
the provisions of this Ordinance are repealed to the extent of such inconsistency or conflict.
SECTION #5: INCLUSION IN THE CODE OF LAWS AND ORDINANCES
Bold Underline: Additions to Ordinance 2
Strike thr-eu& Deleted Text from Existing Ordinance
ORDINANCE 2023- 013
The provisions of this Ordinance shall become and be made a part of the Code of Laws and
Ordinances of Indian River County' Florida. The sections of the Ordinance may be renumbered or
relettered to accomplish such, and the word "ordinance" may be changed to "section", "article", or
any other appropriate word.
SECTION #6: EFFECTIVE DATE
This Ordinance shall take effect upon filing with the Department of State.
This ordinance was advertised in the Indian River Press Journal on the 101h day of September, 2023,
for a public hearing to be held on the 26"' day of September, 2023, at which time it was moved for
adoption by Commissioner Flescher seconded by Commissioner Adams , and
adopted by the following vote:
Chairman Joseph H. Earman AYE
Vice Chairman Susan Adams AYE
Commissioner Joseph E. Flescher AYE
Commissioner Deryl Loar AYE
Commissioner Laura Moss AYE
The Chairman there upon declared the ordinance duly passed and adopted this 2 6 th day of
September, 2023.
,qq gq.1.44^
BOARD OF COUNTY COMMISSIONERS con+Mis^
OF INDIAN RIVER COUNTY
BY:
Joseph H. Earm hairman
'••SFR coui�� �',
ATTEST: Ryan L. Butler, Clerk of Court and Comptroller
BY:/
Deputy
This ordinance was filed with the Department of State on the following date:600"Y'n 2Ua3
APPROVED AS TO FO AN EGAL SUFFICIENCY
William K. D raal, County Attorney
Bold Underline: Additions to Ordinance 3
£tr-ike threu& Deleted Text from Existing Ordinance
ORDINANCE 2023- 013
APPROVED AS TO PLANNING MATTERS
Andrew obczak; Interim Community Development Director
Bold Underline: Additions to Ordinance
Sloe threughE Deleted Text from Existing Ordinance