HomeMy WebLinkAbout2025-001ORDINANCE 2025- 001
AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 912.04
(APPLICABILITY AND RELATIONSHIP TO OTHER REGULATIONS) AND SECTION 912.08
(DRAINAGE; STORMWATER MANAGEMENT AND FLOOD PROTECTION) OF CHAPTER
912 (SINGLE-FAMILY DEVELOPMENT); AND SECTION 914.04 (APPLICABILITY) AND
SECTION 914.06 (GENERAL THRESHOLDS AND PROCEDURES FOR SITE PLAN REVIEW
AND APPROVAL) OF CHAPTER 914 (SITE PLAN REVIEW AND APPROVAL
PROCEDURES), 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 CHAPTER 912, SINGLE-FAMILY DEVELOPMENT AND CHAPTER 914,
SITE PLAN REVIEW AND APPROVAL PROCEDURES BE AMENDED AS FOLLOWS:
SECTION #1:
Amend LDR Section 912.04, Applicability and relationship to other regulations; as follows:
This chapter establishes certain regulations which are found only within this chapter (912).
Other regulations are presented or referenced in this chapter, although they may occur in other
chapters, because such regulations affect single-family development. Thus, this chapter also functions
as a reference for a range of land development regulations that apply to single-family development.
The regulations contained, described or referenced within this chapter are not exhaustive. This chapter
should not be construed to represent an exclusive list of all requirements applicable to single-family
residential development and uses within the unincorporated area of Indian River County. In all cases,
the regulations and provisions found or referenced in this chapter apply to single-family development.
The regulations contained in this chapter are also applicable to duplexes on individual lots or
parcels of record for the purposes of building and permitting review.
SECTION #2:
Amend LDR Section 912.08, Drainage; stormwater management and flood protection; as
follows:
Drainage and flood protection regulations are applied to the construction of single-family
homes and duplexes on individual lots or parcels of record. In many newer subdivisions complete
drainage systems have been constructed to address most, if not all, drainage concerns. Nonetheless,
lots must be filled and graded in such a manner as to meet the county's stormwater management
requirements (Chapter 930, Stormwater Management and Flood Protection). The following
stormwater management and flood protection regulations apply to single-family development.
(1) All of Indian River County has been surveyed for flooding and stormwater characteristics
by the federal government; all areas have been mapped and assigned to various zones. Some
areas are located in flood zones. Flood zone maps are maintained by the plaming di
public works department.
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(a) Prior to constructing a single-family home or duplex on a parcel located in a "Flood
Hazard Zone," a Type "C" stormwater management permit must be obtained from
the public works department.
(b) Minimum finished floor elevations are required for all single-family development.
The minimum elevation figure can be obtained along with the flood zone
information by contacting the plafming div public works department.
(c) In applying for a building permit to construct a new single-family home or duplex,
the following requirements must be addressed.
Each applicant for single-family home or duplex building permit approval shall
submit a conceptual drainage plan, as part of his parcel survey, if the building lot
or parcel is not located in a subdivision having a positive drainage system
previously approved by the public works director. A list of "previously approved"
subdivisions shall be on file at:
The Building Division;
The Public Works Department; and
The Planning Division.
The conceptual drainage plan shall depict on a survey the existing and proposed
stormwater management system including swales, approximate finished floor
elevations of proposed structures, finished floor elevations of existing structures
on adjacent property, physical location and centerline elevations of the roadway
providing access to the site, transition grades to adjacent property, and off-site
tributary drainage entering the property, and other pertinent information as may be
required by the public works director.
All conceptual drainage plans must be approved by the public works director prior
to the issuance of a building permit. The public works director shall approve
conceptual drainage plans and approve revisions to such plans, if it is determined
that by constructing in accordance with the plans:
(1) Stormwater runoff shall be directed through a proper system, including
driveway culverts conforming to the requirements of section 930.07(1)(i);
(2) Stormwater runoff shall not encroach upon adjacent properties;
(3) Side slopes do not exceed a maximum of four (4) feet horizontal to one foot
vertical; and
(4) For sites that are not located in a flood hazard zone, as defined in Chapter 930,
the minimum finished floor elevation shall be a minimum of eighteen (18) inches
above the crown of the adjacent road, unless it can be shown that the natural ground
elevations provide for adequate control of runoff. For applications covering sites
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within a flood hazard zone, the conceptual drainage plan and proposed
construction shall meet the minimum floor elevations and applicable cut and fill
balance requirements, if any, found in Chapter 930, Stormwater Management.
No certificate of occupancy shall be issued until a functional drainage system has
been constructed that meets items (1), (2), (3), and (4) listed above. The public
works director may require construction of retaining walls, roof gutters piped to
directly discharge into a swale or other outfall, underdrains, or any other facilities
deemed necessary to provide adequate drainage.
SECTION #3•
Amend LDR Section 914.04, Applicability; as follows:
(1) All site plan applications shall be reviewed pursuant to the procedures set forth in this chapter.
Site plans shall be required for each of the following:
(a) All permitted uses except single-family residences, duplexes on individual lots or parcels
of record, and permitted agricultural uses.
(b) All developments proposing a "change of use."
(c) All uses requiring an administrative permit.
(d) All uses requiring special exception approval.
(e) Planned developments (P.D.), as specified in Chapter 915.
SECTION #4:
Amend LDR Section 914.06, General thresholds and procedures for site plan review and
approval; as follows:
(1) Site plan thresholds.
(a) Major site plans. The following projects shall constitute major site plan projects
and shall require, except as noted in paragraph 4 below, major site plan approval.
1. Residential projects having three (3) or more dwelling units.
2. Nonresidential projects comprised of five thousand (5,000) square feet or more or
new impervious surface area, or projects comprised of new impervious surface area
representing more than ten (10) percent of the site/area of development, whichever is
less.
3. Where three (3) or more minor site plan requests or six (6) or more administrative
approval requests for a single project area/site have been submitted and approved over
any five-year period of time; where potential cumulative impacts exceed the criteria
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of a major site plan application or together may create a substantial impact, the director
of the community development department may require any subsequent minor site
plan or administrative approval application to be reviewed pursuant to the criteria of a
major site plan.
4. The following major site plan projects shall require the same approval process
required of minor site plan projects:
a. Residential projects that constitute a permitted use and that propose less than
twenty-five (25) residential units.
b. Nonresidential projects involving less than one hundred fifty thousand
(150,000) square feet of new impervious surface area, regardless of new
building area amount.
c. Solar facilities located in the A-1, A-2, and/or A-3 zoning districts regardless
of new impervious area.
(b) Minor site plans. The following projects shall constitute minor site plan projects
and shall require minor site plan approval.
• �,
1_ Nonresidential projects comprised of less than five thousand (5,000) square feet
of new impervious surface area.
3- 2. Nonresidential projects adding or replacing two thousand (2,000) square feet or
more of building gross floor area that do not constitute a major site plan.
SECTION #5: 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 46: 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 #7: INCLUSION IN THE CODE OF LAWS AND ORDINANCES
The provisions of this Ordinance shall become and be made a part of the Code of Laws and
Ordinances of Indian River County, Florida. The sections of the Ordinance may be renumbered or
relettered to accomplish such, and the word "ordinance" may be changed to "section", "article", or
any other appropriate word.
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SECTION #8: 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 29h day of December, 2024,
for a public hearing to be held on the 14`" day of January, 2025, at which time it was moved for
adoption by Commissioner Adams , seconded by Commissioner Loar , and adopted
by the following vote:
Chairman Joseph E. Flescher AYE
Vice Chairman Deryl Loar AYE
Commissioner Susan Adams AYE
Commissioner Joseph H. Earman AYE
Commissioner Laura Moss NAY
The Chairman there upon declared the ordinance duly passed and adopted this 14th day of
Januar, 2025.
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY
LO -114
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Butler, Clerk of Court and
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This ordinance was filed with the Department of State on the following date: A�
APP OV TO FORM AND LEGAL SUFFICIENCY
Jennifer W. Shuler, County Attorney
APPROVED AS TO PLANNING MATTERS
Chris Balter; Planning & Development Services Director
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