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HomeMy WebLinkAbout2015-014ORDINANCE 2015- 014 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, CONCERNING AMENDMENTS TO ITS LAND DEVELOPMENT REGULATIONS (LDRS); PROVIDING FOR AMENDMENTS TO CHAPTER 901, DEFINITIONS, CHAPTER 911, ZONING, AND CHAPTER 912, SINGLE- FAMILY DEVELOPMENT; BY AMENDING SECTION 901.03, ESTABLISHING THE DEFINITION FOR "VACATION RENTAL"; BY AMENDING GENERAL PROVISIONS SECTION 911.15(4), PARKING OR STORAGE OF VEHICLES; AND BY AMENDING SINGLE-FAMILY DEVELOPMENT SECTION 912.17(2), PARKING OR STORAGE OF VEHICLES; 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 (LDRS) CHAPTER 901, DEFINITIONS, CHAPTER 911, ZONING, AND CHAPTER 912, SINGLE-FAMILY DEVELOPMENT, BE AMENDED AS FOLLOWS: SECTION #1: Amend LDR Section 901.03, To Establish a Definition of "Vacation rental"; as follows: Vacation rental. any residential dwelling which is rented or leased more than three times in a calendar year to a tenant, individual, group of individuals, or party for a period of less than 30 days, or which is advertised or held out to the public as a dwelling which may be regularly rented or leased for a period of less than 30 days. SECTION #2: Amend LDR General Provisions Section 911.15(4), on Parking or storage of vehicles, as follows: (4) Parking or storage of vehicles. (a) Parking or storage of junk vehicles. No junk vehicle shall be parked, and no motor vehicle frame, vehicle body, or vehicle body part shall be stored on residentially zoned or used property unless expressly permitted by this chapter, except when parked or stored in a completely enclosed garage or building. In any agricultural district, one such vehicle is permitted in the rear yard, completely screened from view of neighboring homes and properties. (b) Parking or storage of automobiles. A Except as provided in sub -sections 1. — 3. below, a maximum of three (3) automobiles (not including recreational vehicles) may be parked in an onelese area- outside of a carport or garage on a single-family zoned lot. However, one additional vehicle for each licensed driver permanently residing at the premises may be parked on the lot. No automobile may be parked or stored in any required yard area except in a designated and improved or stabilized driveway. The limitations on the number of automobiles parked outside of a carport or garage shall not preclude the parking of automobiles by persons visiting a single family home. Bold Underline: Additions to Ordinance Stfik@ &Wglr: Deleted Text from Existing Ordinance F:\Community Development\CurDev\Ordinances\20150rdinances\Vacation Rentals\BCC9-22-15.doc ORDINANCE 2015 -JL4 1. For a vacation rental that has a carport or garage, the number of automobiles that may be parked outside of a carport or garage shall be limited to one automobile per bedroom not to exceed a total of five (5) automobiles parked outside the carport or garage. Automobiles parked outside of a carport or garage shall be parked within a designated and improved or stabilized driveway and not within any required yard area. 2. For a vacation rental that has no carport or garage, the total number of automobiles parked shall be limited to two automobiles plus one automobile per bedroom not to exceed a total of five (5) automobiles parked on site. Automobiles parked outside of a carport or garage shall be parked within a designated and improved or stabilized driveway and not within any required yard area. 3. For all vacation rentals, all automobiles except for service and delivery vehicles shall be parked on-site and shall not be parked within a road right-of-way except within a designated and improved or stabilized driveway. SECTION #3: Amend LDR Single -Family Development Section 912.17(2), on Parking or storage of vehicles, as follows: (2) Parking or storage of vehicles. (a) Parking or storage of junk vehicles. No junk vehicle shall be parked, and no motor vehicle frame, vehicle body, or vehicle body part shall be stored on residentially zoned or used property unless expressly permitted by this chapter, except when parked or stored in a completely enclosed garage or building. In any agricultural district, one such vehicle is permitted in the rear yard, completely screened from view of neighboring homes and properties. (b) Parking or storage of automobiles. A Except as provided in sub -sections 1. - 3. below, a maximum of three (3) automobiles (not including recreational vehicles) may be parked in an onelese area- outside of a carport or garage on a single-family zoned lot. However, one additional vehicle for each licensed driver permanently residing at the premises may be parked on the lot. No automobile may be parked or stored in any required yard area except in a designated and improved or stabilized driveway. The limitations on the number of automobiles parked outside of a carport and garage shall not preclude the parking of automobiles by persons visiting a single-family home. 1. For a vacation rental that has a carport or garage, the number of automobiles that may be parked outside of a carport or garage shall be limited to one automobile per bedroom not to exceed a total of five (5) automobiles parked outside the carport or garage. Automobiles parked outside of a carport or carne shall be parked within a designated and improved or stabilized driveway and not within any required yard area. Bold Underline: Additions to Ordinance 2 Stfike ilFeegh: Deleted Text from Existing Ordinance BCommunity Development\CurDev\Ordinances\20150rdinances\Vacation Rentals\BCC9-22-15.doc ORDINANCE 2015-p14 2. For a vacation rental that has no carport or garage, the total number of automobiles parked shall be limited to two automobiles plus one automobile per bedroom not to exceed a total of five (5) automobiles parked on site. Automobiles parked outside of a carport or garage shall be parked within a designated and improved or stabilized driveway and not within any required _yard area. 3. For all vacation rentals, all automobiles except for service and delivery vehicles shall be parked on-site and shall not be parked within a road right-of-way except within a designated and improved or stabilized driveway. 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. 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 4th day of 3ep1embe2_015, for a public hearing to be held on the 22nd day of September—, 2015, at which time it was moved for adoption by Commissioner o' Bryan , seconded by Commissioner Sol ari , and adopted by the following vote: Chairman Wesley S. Davis AYR Vice Chairman Bob Solari AYE Commissioner Joseph E. Flescher AYE Commissioner Tim Zorc AYE Commissioner Peter D. O'Bryan AYE Bold Underline: Additions to Ordinance Strike three& Deleted Text from Existing Ordinance F:\Community Development\CurDev\Ordinances\20150rdinances\Vacation Rentals\BCC9-22-15.doc ORDINANCE 2015- 014 BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY The Chairman there upon declared the ordinance duly passed and adopted this 1 -jth day of October , 2015. ,r•''jY Codty` BY: Wesley S. Davis, Chairman ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller BY. NTv.%'''} Deputy Clerk This ordinance was filed with the Department of State on the following date: 714 - SFO ND AL SUFFICIENCY Dylan Reingold, County Attorney APPROVED AS TO PLANNING MATTERS Stan Boling, AICP Co unity Development Director Bold Underline: Additions to Ordinance 4 Strike thFOUgh: Deleted Text from Existing Ordinance F:\Community Development\CurDev\Ordinances\20150rdinances\Vacation Rentals\BCC9-22-15.doc