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Home My WebLink About2026-017ORDINANCE 2026- 017 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, CONCERNING AMENDMENTS TO ITS LAND DEVELOPMENT REGULATIONS (LDRS); PROVIDING FOR AMENDMENTS TO CHAPTER 901, DEFINITIONS; BY AMENDING SECTIONS 901.03, DEFINITIONS IN ALPHABETICAL ORDER; CHAPTER 914, REGULATIONS FOR SITE PLAN REVIEW AND APPROVAL PROCEDURES; BY AMENDING SECTION 914.15, REVIEW STANDARDS AND REQUIREMENTS; AND CHAPTER 926, REGULATIONS FOR LANDSCAPE AND BUFFER REGULATIONS; BY AMENDING SECTION 926.05, GENERAL REQUIREMENTS; AND BY PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; CODIFICATION; SEVERABILITY; AND EFFECTIVE DATE. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT THE INDIAN RIVER COUNTY LAND DEVELOPMENT REGULATIONS (LDR) CHAPTER 901, DEFINITIONS; CHAPTER 914, REGULATIONS FOR SITE PLAN REVIEW AND APPROVAL PROCEDURES; AND CHAPTER 926, REGULATIONS FOR LANDSCAPE AND BUFFER REGULATIONS, BE AMENDED AS FOLLOWS: SECTION #1: Amend LDR Section 901.03, Definitions in alphabetical order; as follows: Xeriscaping a water -conserving method of landscaping designed to reduce or eliminate the need for supplemental irrigation. It utilizes drought -tolerant, native plants, efficient irrigation like drip systems and moisture -retaining mulch to create sustainable, low -maintenance outdoor spaces. SECTION #2: Amend LDR Section 914.15, Review standards and requirements; as follows: (10) Density Bonus. A density bonus for providing affordable and/or workforce housing may be granted upon approval of a site plan that meets the criteria specified herein: (a) A density bonus of up to twenty 20) percent above the maximum land use designation may be approved if it is certified that no less than thirty (30) percent of the units in the development, not including accessory dwelling units, will be priced affordable to low and very -low-income households. For the purpose of this section, an affordable dwelling unit shall be a dwelling unit which: 1. Has a market value less than two and one-half (2 t/2) times the county's annual median household income for Indian River County as established by the Florida Housing Finance Corporation. Owner -occupied units shall remain affordable dwelling units for a period of not less than twenty five (25) years commencing on the first day following the issuance of a certificate of occupancy, or equivalent final building inspection, for the unit. Affordability restrictions must be recorded through a deed restriction; or 2. Has a monthly rent less than one -twelfth (1/12) times thirty (30) percent of eighty (80) percent of the county's annual median household income for Indian River County as established by the Florida Housing Finance Corporation. Underline: Additions to Ordinance Strike through: Deleted Text from Existing Ordinance ORDINANCE 2026- 017 Renter -occupied units shall remain affordable dwelling units for a neriod of not less than twenty five (25) years commencing on the first day following the issuance of a certificate of occupancy, or equivalent final building inspection, for the unit. Affordability restrictions must be recorded through a deed restriction. A density bonus of up to twenty (20) percent above the maximum land use designation may be approved if it is certified that no less than thirty (30) percent of the units in the development, not including accessory dwelling units, will be reserved for workforce housing. For the purpose of this section, workforce housing units shall be a dwelling unit: 1. At least thirty (30) percent of the project's units shall be set aside for households earning up to one -hundred -twenty (120) percent of the Area Median Income (AMI) for a minimum of thirty (30) years. Rent limit by the number of bedrooms in a unit shall be determined by the current Florida Housing Finance Corporation income and rent limits. Projects must be multi- family rentals. Workforce housing restrictions must be recorded through deed restriction. c) Workforce and/or affordable housing may not be grouped together or positioned next to each other. For both subdivision and multi -family housing, workforce and/or affordable housing must be adequately dispersed across the development. For subdivisions, the workforce and/or affordable housing must be built to match the pre - approved front elevation and building types. Multi -family workforce and/or affordable housing units must have similar exterior facade to neighboring units and interior living spaces built comparable to neighboring units in the development. (d) If the applicant proposes multiple phases for the project, the workforce and/or affordable housing units must be developed and constructed within the first phase. e) The calculations for affordable and/or workforce housing and density bonus are • calculated based on the total amount of units being proposed. For instance, a two (2) acre property with a M-2 future land use that plans to set aside thirty (30) percent of the units for affordable housing would be eligible to develop at twelve (12) units per acre. Assuming this property is developed at twelve (12) units per acre, the total units constructed would be twenty-four (24). Of those twenty-four (24) units, thirty (30) percent will need to be reserved for affordable housing. This will result in seven and one -fifth (7.2) units. Affordable and workforce housing unit requirements are rounded to the nearest whole number which would result in an affordable housing set aside of eight (8) units for this example. 1. Please note, additional units provided by the density bonus are not rounded up. (f) In the event that a subject property has two (2) or more future land use designations, the following may occur: Underline: Additions to Ordinance Strike through: Deleted Text from Existing Ordinance ORDINANCE 2026- 017 1. If the more intense future land use occupies the majority of the property, the maximum density of that future land use may be applied to the entire project site. 2. If a less intense future land use occupies the majority of the property, a density bonus may be applied to each portion separately, and the units may be dispersed across the entire project site. 3. For the purpose of this section, all C/I future land use designations will have an assigned residential density of eight (8) units per acre. SECTION #3: Amend LDR Section 926.05, General requirements; as follows: (9) Reduction of landscaping requirements for affordable housing developments. For a development project subject to Chapter 926 landscape and buffer requirements, developed with a minimum of sixty (60) percent of units priced affordable as outlined in Section 911.14(4)(a) 1) or Section 915.08(10), an applicant may request a reduction in the requirements of section 926.08 perimeter buffer standards, section 926.09 landscape along roadways standards, section 926.10 non -vehicular area landscaping standards and section 926.11 irrigation standards provided that the development consists of one -hundred (100) percent xeriscaping. Such request shall be considered by the Planning and Development Services Director and may be granted by the director upon a finding hat a reduction in requirements is warranted based on factors which may include, but are not limited to, the following: (a) The affordable units comply with Section 911.14(4)(a)(1), Section 911.14(4)(a)(2), and/or Section 915.10(a). Affordable housing units may not be grouped together or positioned next to each other. For subdivisions, affordable housing must be adequately dispersed across the development and be built to match the pre -approved front elevation and building types. ypes. For multi -family, affordable housing units must have similar exterior facade to neighboring units and interior living spaces built comparable to neighboring units in the development The project site plan shall note any pproved reduction in landscaping requirements and shall show the project -specific required landscaping improvements. A decision of the Planning and Development Services Director may be appealed as provided in Section 902.07. SECTION #4: 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. Underline: Additions to Ordinance Strike through: Deleted Text from Existing Ordinance ORDINANCE 2026- 017 SECTION #5: 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 #6: INCLUSION IN THE CODE OF LAWS AND ORDINANCES The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Indian River County, Florida. The sections of the Ordinance may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. SECTION #7: EFFECTIVE DATE This Ordinance shall take effect upon filing with the Department of State. This ordinance was advertised in the Press -Journal on the 20th day of September, 2026, for a public hearing to be held on the 6th day of October, 2026, at which time it was moved for adoption by Commissioner Adams , seconded by Commissioner Flescher , and adopted by the following vote: Chairman Deryl Loar AYE Vice Chairman Laura Moss AYE Commissioner Susan Adams AYE Commissioner Joseph E. Flescher AYE Commissioner Joe Earman AYE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY The Chairman thereupon declared the ordinance duly passed and adopted this6th day of October, 2026. BOARD OF COUNTY COMMISSIONER ., ..44 OF INDIAN RIVER COUNTY J` ' •, Deryl Loar, Chain�. o r Underline: Additions to Ordinance 4 Strike through: Deleted Text from Existing Ordinance ORDINANCE 2026- 017 ATTEST: Ryan L. Butler, Clerk of Court and Comptroller BY: SkLojyyLtc Depu Jerk This ordinance was filed with the Department of State on the following date: (JVJ° r 8 aDd� APPROV AS ORM AND LEGAL SUFFICIENCY Sus . ra , Deputy County Attorney APPROVED AS TO P ANNING MATTERS John St , lanning & Development Services Director Underline: Additions to Ordinance Strike through: Deleted Text from Existing Ordinance