This chapter, the terms and the provisions contained herein shall be known as the "Regulations for Specific Land Uses Ordinance" of Indian River County.

(Ord. No. 90-16, § 1, 9-11-90)

It is the intent of this chapter to provide the minimum procedures and criteria for the review of uses which may require an administrative permit or special exception.

(Ord. No. 90-16, § 1, 9-11-90)

See Chapter 901.

(Ord. No. 90-16, § 1, 9-11-90)

(1)

Administrative permit uses requiring planning and zoning commission approval.

(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 forth in this chapter. Unless otherwise specified in sections 971.07 through 971.45 for particular uses, administrative permit requests shall be reviewed for approval by the planning and zoning 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 judgment 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:

1.

Specific requirements. The proposal is in compliance with all applicable specific land use regulations of Chapter 971 and all other applicable regulations.

2.

Comprehensive plan. The proposal is determined to be consistent with the Indian River County Comprehensive Plan.

(g)

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 914.

(2)

Administrative permit uses approved at staff level. As indicated in sections 971.07 through 971.45, certain specific administrative permit uses shall be reviewed and approved at a staff level. Such uses may be approve 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.

(Ord. No. 90-16, § 1, 9-11-90; Ord. No. 95-10, §§ 15A, 18, 5-31-95)

(1)

Purpose and intent. This section is intended to identify the procedures and reference the specific criteria for considering the approval of special exception uses. The procedures established herein are intended to ensure that a careful examination and findings of fact will be made by appropriate county entities during the review of special exception uses. Such review shall consider the nature, extent and potential external impacts associated with special exception uses.

(2)

Establishment of special exception uses.

(a)

Special exception uses, generally. Special exception uses are those types of uses that would not generally be appropriate throughout a particular zoning district. However, when special exception uses are carefully controlled as to number, area, location, and/or relationship to the vicinity, such uses would not adversely impact the public health, safety, comfort, good order, appearance, convenience, morals and general welfare and as such would be compatible with permitted uses within the particular zoning district.

(b)

Special exception uses, specifically. The zoning districts which are established in Chapter 911 designate those uses and activities which shall be regulated as special exception uses. Those uses which are designated as special exception uses shall be permitted only after being approved pursuant to the procedures established in this section and further satisfying the specific use criteria established in this chapter.

(3)

Expansions and modifications to existing special exception uses that are not planned development projects (PD/PDR). Project applications proposing to expand an existing or approved special exception use to more than ten (10) percent or ten thousand (10,000) square feet of floor area whichever is less, above the original or approved project intensity shall comply with all specific land use criteria contained herein that are specified for the use(s) involved in the proposed project and shall comply with the public hearing procedures of this chapter (971).

Modifications to an existing or approved special exception use that do not expand that use to more than ten (10) percent or to more than ten thousand (10,000) square feet of floor area, whichever is less, above the original or approved project intensity shall comply with all specific land use criteria contained herein that are specified for the use(s) involved in the proposed project. However, the public hearing provisions of this chapter shall not apply. Applications for expansions or modifications that conflict with special exception use approval conditions approved by the board of county commissioners that limit project development intensity shall comply with the public hearing procedures of this chapter (971).

Expansions and modifications of planned development projects (PD/PDR) shall be governed by the regulations of Chapter 915, Planned Development (PD) Process and Standards for Development.

(4)

Special exception uses; approval authority. The Indian River County Board of County Commissioners is hereby authorized to decide all applications for special exception uses, subsequent to a recommendation by the planning and zoning commission.

(5)

Conditions and safeguards. In granting any special exception, the board of county commissioners may prescribe appropriate special conditions and safeguards to ensure that the use is compatible with surrounding uses in the district. Violation of such conditions and safeguards, when made a part of the terms under which the special exception is granted, shall be deemed a violation of these land development regulations. Such conditions and safeguards may include, but are not limited to:

(a)

Time limitations. Reasonable time limits within which the action for which the special exception is required shall be begun or completed or maintained, as well as provisions for extension or renewals.

(b)

Guarantees. The posting by the applicant of a guarantee or bond in an appropriate form and reasonable amount.

(c)

Buffers. The establishment of additional buffers or setbacks as deemed necessary.

(6)

Procedures for review of special exception uses.

(a)

Pre-application conference. Prior to filing an application for a special exception use approval, the applicant shall confer with the planning and development division staff to discuss informally the requirements of this section and the nature of his proposal. For the purposes of this conference, the applicant shall provide a sketch plan of the proposal drawn to scale, showing the general layout, the relationship to the surrounding area, and the general development proposal.

(b)

Filing of application. Following the pre-application conference, the applicant may file an application for a special exception use approval, prepared in compliance with the forms on file at the planning division. The appropriate number of applications shall be filed with the planning and development division.

1.

Site plan required; optional conceptual special exception approval.

a.

Concurrent site plan and special exception approval. Applications for special exception uses shall include a site plan, prepared in accordance with the provisions of Chapter 914, Site Plan Approval, and shall include all additional information required in Chapter 971, regulation for specific land uses.

b.

Conceptual special exception approval. An applicant for special exception approval may elect to submit a conceptual site plan, rather than a complete site plan pursuant to the requirements of Chapter 914. Applicants wishing to obtain special exception approval based on a conceptual site plan shall submit details of the project, as required by the community development director, and a statement that he or she will comply with any conditions which may be attached by the board of county commissioners. If the applicant is granted conceptual special exception approval, the approval shall not be considered final until a complete site plan satisfying all conditions of special exception approval has been reviewed and approved pursuant to Chapter 914, Site Plans.

2.

Request for waivers of modifications. Any requirements of this chapter which the applicant is requesting be waived or modified as may be allowed under this section, shall be clearly indicated by section and paragraph numbers in the application, together with the rationale for the request.

3.

Staff review. Upon receipt of the application, the community development director shall forward it to all appropriate county reviewing agencies, and shall initiate his review of the application for conformance with the standards of this section. The community development director or his designee may require the submission of additional information, as needed, in order to adequately review a complete application.

(c)

Planning and zoning commission review.

1.

Notice and hearing. The planning and zoning commission shall hold a public hearing on the application within a reasonable period of time following its receipt of the application from the director. Notice shall be provided in accordance with the notification requirements for a rezoning.

2.

Decision. Within a reasonable period of time following the close of the public hearing on the application, the planning and zoning commission shall make its report and recommendation to the board of county commissioners for approval, approval with conditions or denial of the application, stating in writing its reasons for any recommendation of denial.

(d)

Board of county commissioners review.

1.

Notice and hearing. The board of county commissioners shall hold a public hearing on the application, report, and recommendation of the planning and zoning commission within a reasonable period of time following receipt from the planning and zoning commission. Notice shall be provided in accordance with the notification requirements for a rezoning.

2.

Decision. Within a reasonable period of time following the close of the public hearing, the board of county commissioners shall approve, approve with conditions or deny the application, furnishing the applicant a written statement of the reasons for any denial. A special exception use shall be granted upon an affirmative vote of at least a simple majority of the board of county commissioners present.

(7)

Required finding by the reviewing body. Before any application regarding a special exception use shall be approved, the reviewing body shall make a finding that it is empowered under the provisions of this chapter to review the specific use applied for, and that the granting of the special exception will not adversely affect the public interest. The reviewing body shall also make findings certifying that both the general and specific criteria for the review of special exceptions have been satisfied and that adequate special conditions have been imposed to ensure compatibility between the special exception use and surrounding land uses with regard but not limited to:

(a)

Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe;

(b)

Off-street parking and loading areas, where required, with particular attention to the items in (1) above and the economic, noise, glare, or odor effects of the special exception on adjoining properties and properties generally in the district;

(c)

Utilities with reference to location, availability and compatibility;

(d)

Screening and buffering with reference to type, dimensions and character;

(e)

Signs, if any, and proposed exterior lighting with reference to glare, traffic safety, economic effects, and compatibility and harmony with properties in the district;

(f)

Required yards and other open space;

(g)

Any special requirements set forth in the zoning district regulations for the particular use involved.

(8)

Status of decisions. Actions taken by the board of county commissioners regarding the granting of special exceptions along with any appropriate conditions and safeguards shall be deemed final unless an appeal is filed pursuant to the procedures of Chapter 902.

(9)

General criteria for review of special exception uses. Prior to approval by the board of county commissioners, a special exception use applicant must present evidence of compliance with the below cited general criteria as well as specific criteria for the respective special exception use cited herein in Chapter 971, regulations for specific land uses. The applicant shall have the burden of establishing, by competent material and substantial evidence, the existence of the facts and conditions which this chapter requires for approval. The applicant shall have the responsibility to present evidence in the form of testimony, exhibits, documents, models, plans and the like to support the application for approval of a special exception use.

(a)

Consistency with comprehensive plan and zoning code. The proposed use shall be consistent with the comprehensive plan and with the stated purpose and intent of the appropriate district regulations and all applicable regulations within this chapter.

(b)

Compatibility with surrounding land uses. The proposed use and its location shall be compatible with surrounding land uses and the general character of the area, based on consideration of such potential impacts as traffic generation, drainage, nuisance impacts, lighting, appearance, and other factors potentially impacting the character and stability of the surrounding area.

(c)

No adverse impacts on public health, safety, and general welfare. The proposed use and its location and method of operation shall promote the public health, safety, and general welfare. The proposal shall include any landscape and structural improvements, public facility expansions, and operational restrictions or procedures required to effectively mitigate potential negative impacts of the use.

(d)

Promote orderly development. The use and proposed location shall promote orderly and efficient development considering such factors as impact on public facilities, preservation of neighborhood integrity, and similar factors impacting orderly development of the area.

(10)

Specific criteria for review of special exception uses. In addition to satisfying the general criteria for reviewing special exception uses as established herein, a special exception use must also be found to satisfy the specific criteria for the particular land use, as established in this chapter.

(Ord. No. 90-16, § 1, 9-11-90; Ord. No. 91-7, § 23, 2-27-91; Ord. No. 91-48, § 85, 12-4-91; Ord. No. 93-29, § 6, 9-7-93)

[The following is a table of uses in alphabetical order:]

(Ord. No. 90-16, § 1, 9-11-90; Ord. No. 91-7, § 24, 2-27-91; Ord. No. 91-48, § 62, 12-4-91; Ord. No. 93-8, § 14, 3-18-93; Ord. No. 93-29, § 3D, 9-7-93)

(1)

Adult entertainment businesses (special exception).

(a)

Districts requiring special exception approval,(pursuant to the provisions of 971.05): IL IG.

(b)

Additional information requirements:

1.

A site plan meeting all requirements of Chapter 914 which shows the zoning and use of all properties within one thousand (1,000) feet of the site;

2.

Written verification of compliance with all applicable state and local ordinances shall be provided;

3.

Written verification from the property owner that the property may be used for operation of an adult entertainment business.

(c)

Criteria for adult entertainment businesses:

1.

The site shall be located a minimum of one thousand (1,000) feet from other adult businesses, residential uses or zones, places of worship, secondary or primary schools, parks or playgrounds, or any areas where large numbers of minors regularly travel or congregate. This required separation distance shall be measured by following the shortest route of ordinary pedestrian travel along the public thoroughfare from the main entrance of such place of business to the main entrance of the church and, in the case of a school, park or playground, or area where large groups of minors regularly congregate, to the nearest point of the school ground, park or playground, or area where large groups of minors regularly congregate, except:

a.

Where such established church, school, park or playground or area where large groups of minors regularly congregate is within the limits of an incorporated city or town and the applicant for such license is outside such incorporated city or town, then and in that event, the place of business in the county must be the same or greater distance from such church or school as is required by the ordinance of the incorporated city or town wherein such church or school is located, if the city or town has separation distance requirements which exceed Indian River County's requirements;

b.

Where a church, school, park or playground or area where large groups of minors regularly congregate is established after the establishment of a place of business, the subsequently established church or school shall not affect the location of the place of business nor shall it affect a subsequent renewal or transfer of any license of such a vendor;

c.

Where such established church, school, park or playground, or area where large groups of minors regularly congregate is located in the county outside the limits of any incorporated city or town but so near the limits of one that under the ordinances of that city or town such a vendor in such city or town could receive a license within a distance less than stipulated by this section of such church or school, then and in that event, the place of business in this county outside any city or town may be the same or greater distance from such church or school as any such business duly licensed or approved for operation within such city or town.

(d)

Variance from separation distances:

1.

The minimum one thousand-foot separation distance as described above may be reduced to five hundred (500) feet by the board of county commissioners provided that:

a.

A petition requesting waiver of the minimum separation distance requirement is received and verified by the community development department signed by fifty-one (51) percent of those persons owning, residing, or operating a business within a one thousand-foot radius of the proposed location;

b.

The proposed use will not be contrary to the public interest or injurious to nearby properties, and that the spirit and intent of this ordinance will be observed;

c.

That the proposed use will not adversely impact the adjacent uses with respect to traffic, noise, lighting, or other characteristics; and

d.

That all other applicable regulations of this ordinance will be observed.

(Ord. No. 90-16, § 1, 9-11-90)

(1)

Agricultural businesses (excluding wholesaling and processing) (special exception).

(a)

Districts requiring special exception approval, (pursuant to the provisions of 971.05): A-1 A-2 A-3

(b)

Additional information requirements:

1.

A site plan meeting all of the requirements of Chapter 914;

2.

A statement describing the nature of the business and the rationale for its location within an agricultural district.

(c)

Criteria for agricultural business:

1.

Agricultural businesses may be allowed to locate within the A-1, A-2, or A-3 districts only upon a finding by the reviewing body that such businesses are directly related to or provide services for active agricultural operations and that such uses would not be more appropriately located in a commercial or industrial zoning district;

2.

Agricultural businesses shall include but not be limited to: Agricultural business offices; and sales of agricultural equipment, products and supplies, such as grove maintenance services, or livestock facilities;

3.

Agricultural businesses shall not be interpreted to permit wholesaling or processing operations;

4.

The business must be located in an area designated either as AG or R on the comprehensive land use map.

(2)

Agricultural industries (special exception).

(a)

Districts requiring special exception approval, (pursuant to the provisions of 971.05): A-1, A-2, A-3.

(b)

Additional information requirements:

1.

A site plan meeting all of the requirements of Chapter 914;

2.

A statement describing the nature of the industry and the rationale for its location within an agricultural district;

3.

A statement on a form provided by the county completed by the project engineer which identifies any toxic or hazardous wastes and/or substances which may be generated or utilized on the premises.

(c)

Criteria for agricultural industries:

1.

Agricultural industries may be allowed to locate within the A-1, A-2, or A-3 districts only upon a finding by the reviewing body that such industries are directly related to active agricultural operations and that such industries, due to the characteristics of the operation, would not be more appropriately located in an industrial zoning district;

2.

All buildings and structures shall be located at least one hundred (100) feet from all property lines.

3.

Agricultural industries shall include but not be limited to stockyards, feedlots and packinghouses;

4.

The business must be located in an area designated either as AG or R on the comprehensive plan land use map.

(3)

Agricultural research facilities (administrative permit).

(a)

Districts requiring administrative permit approval, (pursuant to the provisions of setion 971.04): A-1 A-2 A-3.

(b)

Additional information requirements:

1.

A site plan meeting all of the requirements of Chapter 914;

2.

A statement on a form provided by the county completed by the project engineer which identifies any toxic or hazardous wastes and/or substance which may be generated or utilized on the premises.

(c)

Criteria for agricultural research facilities:

1.

All buildings and structures shall be located at least one hundred (100) feet from all property lines;

2.

The facility shall provide, between the agricultural facility and test plots, and any adjacent property having a non-agricultural land use designation or having an existing non-agricultural use, either a minimum fifty-foot setback for structures and test plots or a thirty-foot yard with Type "A" screening in order to protect residents and businesses from straying and other chemical applications;

3.

The facility must be located in an area designated either as AG or R on the comprehensive plan land use map.

(4)

Aquaculture (administrative permit).

(a)

Districts requiring administrative permit approval, (pursuant to the provisions of setion 971.04): A-1 A-2 A-3 RFD RS-1 Con-1 Con-2 Con-3.

(b)

Criteria for aquaculture:

1.

The facility must comply with all the requirements of Chapter 932;

2.

The facility will be allowed only when a determination has been made that the use is water-dependent.

(5)

Dairy farming (administrative permit).

(a)

Districts requiring administrative permit approval, (pursuant to the provisions of setion 971.04): A-1 A-2 A-3.

(b)

Additional information requirements: A site plan meeting all of the requirements of Chapter 914.

(c)

Criteria for dairy farming:

1.

Any confinement feeding operations and/or dairy processing facilities shall be located at least one hundred (100) feet from all property lines;

2.

Adequate water supply shall be available to maintain the premises in a sanitary condition;

3.

Containment areas, including pasture land, shall be fully enclosed by a fence;

4.

Waste management plans shall be submitted and approved by the environmental health department;

5.

Stormwater management plans for surface run-off shall be submitted and approved by the county drainage engineer;

6.

The operation must be located in an area designated either as AG or R on the comprehensive plan land use map.

(6)

Fish farms, water-dependent plant and animal production (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 setion 971.04): A-1 A-2 A-3.

(b)

Additional information required:

1.

A written narrative describing the method of production, materials used, and characteristics of the overall operation.

2.

Identification of the source(s) of potential nuisances (noise, lights, odor, attraction of predators) associated with the proposed operation and safeguards provided to mitigate potential nuisances. This information shall be provided on the site plan drawings.

(c)

Criteria for fish farms and water-dependent plant and animal production:

1.

No processing shall be allowed on-site;

2.

Certification from state agencies must be obtained for all exotic species;

3.

A fifty-foot setback shall be provided between structures and waterbodies associated with the fish farm or water dependent production operation and adjacent property boundaries.

4.

Potential nuisances to adjacent properties, including noise, lights, odors, and attraction of predators, shall be addressed through project design, mitigation, and/or limitations on activities that create potential nuisances.

(7)

Kennel or animal boarding place, commercial (administrative permit).

(a)

Districts requiring administrative permit approval, (pursuant to the provisions of [section] 971.04): A-1 A-2 A-3 CG CH.

(b)

Additional information requirements:

1.

A complete site plan which includes floor plans and elevations for all kennels, barns, exercise yards, animal pens, and related improvements shall be provided, as well as the location of structures on adjacent properties;

2.

A statement by the applicant on a form acceptable to the planning department identifying the types of animals to be sheltered and the method of supervising the animals when the animals are outdoors.

(c)

Criteria for commercial animal boarding place or kennels:

1.

Indoor facilities shall maintain a thirty-foot setback from adjacent properties. Outdoor facilities such as dog runs must maintain a minimum of seventy-five (75) feet separation distance from adjacent properties. Conditions may be imposed to ensure adequate mitigation or attenuation of noise impacts. Such conditions may include improvements that block or absorb sound, prohibitions or limitations on noisy animals and birds, and restrictions on hours of operation;

2.

All animal boarding facilities shall be enclosed by a security fence at least six (6) feet in height;

3.

No kennel shall be located on an agriculturally zoned site that abuts a residentially designated property or an agriculturally designated property having a parcel size less than two hundred thousand (200,000) square feet;

4.

Any agriculturally zoned commercial kennel site shall have an area of at least two hundred thousand (200,000) square feet;

5.

Dogs kept overnight shall be kept completely within an enclosed building from 10:00 p.m. to 6:00 a.m.;

6.

Animals shall be supervised by animal boarding or kennel staff when the animals are outdoors.

(8)

Kennel and animal boarding places, noncommercial (administrative permit).

(a)

Districts requiring administrative permit approval, (pursuant to the provisions of setion 971.04): RS-1, RS-2, RS-3, RS-6, ROSE-4, AIR-1.

(b)

Additional information requirements:

1.

The applicant shall submit a signed affidavit stating that no remuneration or other valuable consideration is or will be received for the raising, boarding, transfer, or sale of the animals to be kept on the premises, or for sale of their by-products;

2.

A statement from the applicant describing the number and types of animals which will be kept on the premises, whether such animals are subject to federal, state or local licensing or registration requirements, and if so, whether such licensing or registration has occurred, together with license or registration numbers;

3.

A site plan, pursuant to the requirements of Chapter 914.

(c)

Criteria for noncommercial kennels and animal care places:

1.

A noncommercial kennel or animal care place shall be considered any building or buildings, including a residence or residential accessory structure, other structure, or land use, designated, or arranged for the boarding, breeding, or care of a total of five (5) or more dogs, cats, rabbits, poultry or other domestic animals belonging to the owner or occupant thereof. This shall not be interpreted to include stables, which is a use regulated elsewhere in this chapter, nor shall noncommercial kennels include livestock:

2.

Noncommercial kennels and animal boarding places shall be allowed in the above described districts only as an accessory use;

3.

In non-commercial kennels and non-commercial animal care places. For the keeping of "quiet" animals such as rabbits, cats, poultry, and birds such as pigeons, any indoor facility must meet the required zoning district setbacks; outdoor facilities (e.g. cage, pen, or fenced area) shall have a minimum setback of thirty (30) feet. For the keeping of "noisy" animals such as dogs and talking birds, the site shall have a minimum size of forty thousand (40,000) square feet; indoor facilities shall have a minimum setback of thirty (30) feet and outdoor facilities shall have a minimum setback of seventy-five (75) feet;

4.

Conditions may be imposed to ensure adequate mitigation or attenuation of noise impacts;

5.

Exception. An owner or occupant of a single-family-detached parcel or lot shall not be considered to be maintaining or using said property as a noncommercial kennel or animal boarding place, notwithstanding other limitations stated in this section, where all four of the following conditions are satisfied:

a.

Such use does not or will not involve the primary harboring or keeping of more than two (2) animals outside the principal residential dwelling; and

b.

Such use does not or will not involve the placement or construction of an outside animal kennel boarding structure or kennel cage of any kind for more than two (2) animals; and

c.

The owner or occupant has complied with any applicable animal control statute or ordinance with respect to the vaccination, licensing, registration, and restraint of the animals intended to be, or being, kept on such property; and

d.

Such use does not or will not involve the keeping of more than a total of six (6) such animals, not counting litters of young less than the age of four (4) months on-site.

(9)

Nurseries and greenhouses, noncommercial over two hundred (200) square feet (administrative permit).

(a)

Districts requiring administrative permit approval, (pursuant to the provisions of setion 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.

(b)

Additional information requirements: The applicant shall submit a site plan which shall show the location of the principal use on the site and all screening materials, pursuant to the standards of Chapter 914.

(c)

Criteria for noncommercial nurseries and greenhouses:

1.

Such uses shall be accessory to the principal use on-site;

2.

All storage areas shall be screened by a fence or fully enclosed within a structure;

3.

Such uses shall comply with all provisions of accessory uses and structure;

4.

Such uses combined with all other uses and structures on the site shall satisfy all of the maximum lot coverage and minimum space provisions of the applicable zoning district;

5.

No retail or wholesaling and/or leasing activities shall be permitted;

6.

In no case shall the total area of a greenhouse, attached or not attached, exceed five (5) percent of the site area.

(10)

Sludge spreading (administrative permit).

(a)

Districts requiring administrative permit approval, (pursuant to the provisions of setion 971.04): A-1 A-2 A-3.

(b)

Criteria for sludge spreading:

1.

A site plan which shows the limits of the areas for sludge spreading and setbacks from the sludge spreading operation to property lines, pursuant to the requirements of Chapter 914, Site Plans;

2.

A fifty-foot setback shall be required when the sludge spreading operation is adjacent to agriculturally designated property;

3.

A one hundred-foot setback shall be required when the sludge spreading operation is adjacent to residentially designated or commercial/industrial designated property;

4.

As part of a stormwater management report, signed and sealed by a professional engineer, the applicant shall demonstrate that no adverse impacts will occur on properties and waterbodies, on or off-site, by runoff from the sludge-spreading operation;

5.

An additional report, signed and sealed by a professional engineer or a hydrologist, must be submitted which demonstrates that the sludge spreading operation will have no adverse impacts on groundwater.

6.

The facility must be approved by the Indian River County Solid Waste Disposal District (SWDD) Board, in conformance with the provisions of the county's sludge and septage ordinance.

(11)

Specialty farms (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)

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.

(12)

Stables, noncommercial (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): 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, AIR-1.

(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.

(13)

Tenant dwellings (special exception).

(a)

Districts requiring special exception approval, (pursuant to the provisions of 971.05): A-1 A-2 A-3.

(b)

Additional information requirements:

1.

The applicant shall submit a site plan, conforming to the requirements of Chapter 914, which shall include floor plans showing the size and dimensions of all rooms and list the maximum number of persons who may occupy the structure pursuant to state regulations;

2.

The owner shall submit an affidavit stating that the tenant dwelling shall be inhabited solely by individuals, and their families, who are employed in active on-site agricultural operations or agricultural operations located on other properties under the same ownership as the subject (project) site; and

3.

Proof that the land upon which the tenant dwelling shall be located is classified as agricultural land for purposes of ad valorem tax assessment;

(c)

Criteria for tenant dwellings:

1.

Such use shall be accessory to active agricultural operations occurring on-site or on other properties, under the same ownership as the subject (project) site, which are used for active agricultural operations, and shall be located on a site having a minimum of twenty (20) acres of land;

2.

The number of tenant dwelling units shall not exceed the maximum density allowed on the subject property upon which the dwellings shall be located and upon surrounding properties legally attached to the project for density transfer purposes. The project site shall comply with the open space and lot coverage requirements of the applicable zoning district;

3.

To protect adjacent and future land uses, tenant dwellings and accessory structures shall be located at least fifty (50) feet from all property lines. It shall be the owner's responsibility to ensure that any future subdivision of the subject lands upon which the tenant dwellings are located may be accomplished in compliance with all applicable county regulations;

4.

The tenant dwelling units shall be inhabited solely by individuals, and their families (if any), who are employed in active on-site agricultural operations or agricultural operations on other properties under the same ownership as the subject (project) property. Units which may include mobile homes, shall satisfy all applicable provisions of the housing code and building code of Indian River County;

5.

The board of county commissioners may reduce parking requirements by a maximum of one-half (½) the total number of required spaces for tenant dwellings which provide common transportation facilities for the residents of the dwelling;

6.

Paving requirements may be waived or otherwise modified in compliance with the provisions of section 954.10; and

7.

No tenant dwelling units shall be located within the boundary limits of the Indian River County Urban Service Area as established by the Comprehensive Plan.

(14)

Residential migrant housing facility (special exception).

(a)

Districts requiring special exception approval (pursuant to the provisions of 971.05): A-1 A-2 A-3.

(b)

Additional information requirements:

1.

The applicant shall submit a site plan which shall include floor plans showing the size and dimensions of all rooms and list the maximum number of persons who may occupy each structure pursuant to state regulations;

2.

The owner of the facility shall submit an affidavit stating:

a.

The facility shall be inhabited solely by individuals, and their families (if any), who are migrant farmworkers employed in active agricultural operations;

b.

The facility shall not be inhabited on a year-round basis except that a maximum of one (1) equivalent dwelling unit or five (5) percent of the dwelling units for the facility, whichever is greater, may be occupied on a year-round basis by facility caretakers, and their family members;

3.

Proof that the land upon which the facility shall be located is classified as agricultural land for purposes of ad valorem tax assessment; and

4.

A site plan meeting all requirements of Chapter 914.

(c)

Criteria for migrant labor camps:

1.

Such use shall be accessory to active on-site agricultural operations;

2.

The facility shall be located on a site having a minimum size of twenty (20) acres of land.

3.

The approving body shall determine that the proposed use is compatible with surrounding areas in terms of intensity of land use. As a measure of land use intensity, the maximum number of persons per acre for the proposed use shall be limited to four (4) persons per acre. Calculations determining the maximum number of residents shall be based upon the area of the subject property and upon the area of surrounding properties legally attached to the project for density transfer purposes. The persons per acre intensity of the facility on the subject (project) site shall not exceed one and one-half (1½) times the intensity of any adjacent residential zoning district;

4.

All residential and accessory structures for the facility shall be located a minimum of fifty (50) feet from all property lines;

5.

Development of the facility shall comply with all open space and lot coverage requirements of the site's respective zoning district;

6.

The facility shall be inhabited solely by individuals, and their families (if any), who are employees of active agricultural operations;

7.

The board of county commissioners may reduce parking requirements for the facility by a maximum of one-half (½) the total number of required space for facilities which provide common transportation facilities for migrant labor camp residents;

8.

Paving requirements may be waived or otherwise modified in compliance with the provisions of section 954.10; and

9.

No migrant labor camp shall be located closer than one (1) mile from any other migrant labor camp, and no migrant labor camp shall be located within the boundary limits of the Indian River County Urban Service Area as established by the Comprehensive Plan.

(15)

Small-scale bio-fuel processing plants (administrative permit: no planning and zoning commission approval required; subject to staff-level site plan approval).

(a)

Districts requiring administrative permit approval (pursuant to the provisions of [section] 971.04): A-2 A-3

(b)

District requiring special exception approval (pursuant to the provisions of [section] 971.05): A-1

(c)

Additional information requirements:

1.

A water supply and water use plan.

2.

Design and operations information, demonstrating compliance with applicable air emissions, effluent discharge, NPDES, fuel containment, fire safety regulations, and county noise regulations applicable to agricultural areas.

3.

A description of feedstock type, source, and quantities required for plant operation; transport requirements; processing plant by-products and waste management, and energy provisions (e.g. natural gas) for plant processes.

4.

Depiction of a haul route for trucks carrying processing plant feed stock, by-products, and fuel.

(d)

Criteria for small-scale bio-fuel processing plants:

1.

The processing plant site shall be located on property designated AG-1, AG-2, or AG-3.

2.

The processing plant area of development shall be located at least one (1) mile from the Urban Service Area boundary and at least three hundred (300) feet from the nearest property boundary.

a.

A power generation facility associated with the small-scale bio-fuel processing plant may be located as close as one hundred (100) feet from the nearest high voltage powerline easement or right-of-way, or from a collector or arterial road right-of-way if the facility is screened from view of the collector or arterial roadway by a Type "C" buffer or its equivalent.

3.

The overall site containing the processing plant shall be forty (40) gross acres or larger.

4.

The plant equipment, processing areas, bio-fuel storage facilities, feedstock storage and staging areas, parking areas, and transport facilities shall occupy no more than twenty (20) acres or ten (10) percent of the overall site containing the processing plant, whichever is less.

5.

No native upland habitat or forested wetlands shall be cleared or removed in conjunction with development of the bio-fuel processing plant and any associated power generation facility.

6.

The applicant shall obtain approval from the Public Works Director for the haul route. That approval may include conditions and guarantees for haul route improvements and maintenance.

7.

A power generation facility that is associated with the bio-fuel plant and projected to generate fifty (50) megawatts of power or more shall be subject to the specific land use criteria and special exception process for "Public and private utilities, heavy".

(16)

Large-scale bio-fuel processing plants.

(a)

Districts requiring special exception approval (pursuant to the provisions of [section] 971.05): A-1 A-2 A-3

(b)

Additional information requirements:

1.

A water supply and water use plan together with a report signed and sealed from a professional engineer or professional geologist demonstrating that the proposed use will have no significant adverse off-site impacts to groundwater, surface water, water table levels, stormwater management systems, irrigation systems, or agricultural operations.

2.

Design and operations information, demonstrating compliance with applicable air emissions, effluent discharge, NPDES, fuel containment, fire safety regulations, and county noise regulations applicable to agricultural areas.

3.

A description of feedstock type, source, and quantities required for plant operation; transport requirements; processing plant by-products and waste management, and energy provisions (e.g. natural gas) for plant processes.

4.

Depiction of a haul route for trucks carrying processing plant feed stock, by-products, and fuel.

(c)

Criteria for large-scale bio-fuel processing plants:

1.

The processing plant site shall be located on property designated AG-1, AG-2, or AG-3.

2.

The processing plant area of development shall be located at least one (1) mile from the Urban Service Area boundary and at least six hundred (600) feet from the nearest property boundary.

a.

A power generation facility associated with the large-scale bio-fuel processing plant may be located as close as one hundred (100) feet from the nearest high voltage powerline easement or right-of-way, or from a collector or arterial road right-of-way if the facility is screened from view of the collector or arterial roadway by a Type "C" buffer or its equivalent.

3.

The overall site containing the processing plant shall be eighty (80) gross acres or larger.

4.

The processing plant area of development shall include but not be limited to processing areas, bio-fuel storage facilities, feedstock storage and staging areas, parking areas, and transport facilities, and shall occupy no more than twenty (20) percent of the overall site containing the processing plant.

5.

No native upland habitat or forested wetlands shall be cleared or removed in conjunction with development of the plant and any associated power generation facility.

6.

The applicant shall obtain approval from the Public Works Director for the haul route. That approval may include conditions and guarantees for haul route improvements and maintenance.

7.

Outdoor lighting of the processing plant and any associated power generation facilities shall be shielded consistent with the county's light shielding requirements for commercial corridors found in subsection 911.22(7)(e)4.

8.

A power generation facility that is associated with the bio-fuel plant and projected to generate fifty (50) megawatts of power or more shall be subject to the specific land use criteria and special exception process for "public and private utilities, heavy".

(Ord. No. 90-16, § 1, 9-11-90; Ord. No. 91-48, §§ 63, 81, 82, 12-4-91; Ord. No. 93-8, § 23, 3-18-93; Ord. No. 93-29, §§ 3E, 3F, 5E, 9-7-93; Ord. No. 95-10, §§ 4B—4D, 15E, 15F, 5-31-95; Ord. No. 96-6, § 14, 2-27-96; Ord. No. 97-21, § 1(B), (C), 7-15-97; Ord. No. 98-9, § 6, 5-19-98; Ord. No. 2012-020, §§ 1—4, 7-10-12)

(1)

Health and fitness clubs (administrative permit and special exception).

(a)

Districts requiring administrative permit approval, (pursuant to the provisions of 971.04): RM-6 RM-8 RM-10 CN.

(b)

Districts requiring special exception approval, (pursuant to the provisions of 971.05): RM-3 RM-4.

(c)

Additional information requirements: A site plan showing the proposed floor plan and meeting all of the requirements of Chapter 914.

(d)

Criteria for health and exercise studios:

1.

The total gross floor area shall not exceed two thousand (2,000) square feet.

(Ord. No. 90-16, § 1, 9-11-90)

(1)

Driving ranges (administrative permit and special exception).

(a)

Districts requiring administrative permit approval, (pursuant to the provisions of 971.04): A-1 A-2 A-3 CG CH (nonresidential land use designated areas only).

(b)

Districts requiring special exception approval, (pursuant to the provisions of 971.05): A-1 A-2 A-3 (residential land use designated areas only).

(c)

Additional information requirements: Plans and documentation shall be provided by the applicant as needed to demonstrate compliance with the following requirements.

(d)

Criteria for driving ranges:

1.

Non-range areas. All areas except the range (ball landing) area, including but not limited to the parking, building, practice putting, and tee-off areas, shall be located at least one hundred (100) feet from any property having a residential land use designation (criterion for administrative permit and special exception applications).

2.

Tree protection. No protected trees, as defined within the Tree Protection, Chapter 927, shall be removed from the range (ball landing) area unless the applicant demonstrates that removal of the tree(s) is necessary for safety reasons in the functioning of the range (such as for ball retrieval),(criterion for administrative permit and special exception applications).

3.

Exterior lighting. Lighting plans shall be provided (and implemented) which demonstrate that no "spill over" from exterior light sources shall fall onto either roadways or residential zoning districts that are adjacent to the project site (criterion for administrative permit applications only).

4.

No driving range shall be allowed on a site zoned A-1, A-2, or A-3 unless that site has a nonresidential land use plan designation (criterion for administrative permit applications only).

5.

In addition to criterion number 1, no building shall be located within one hundred fifty (150) feet of the project site property boundary (criterion for special exception applications only).

6.

The driving range shall be open and operated only during daylight hours. Lighting of the range area is prohibited. Exterior lighting of buildings may be allowed for security purposes (criterion for special exception applications only).

7.

Access to the site must be off a thoroughfare plan designated road; driving range traffic should not impact local roads or residential areas (criterion for special exception applications only).

8.

At a minimum, a Type "C" buffer shall be provided between any non-range area and adjacent property having a residential land use designation (criterion for special exception application only).

(2)

Miniature golf courses (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 if courtesy sign posting is provided on site prior to staff approval; and special exception).

(a)

District requiring administrative permit approval, (pursuant to the provisions of 971.04): CH.

(b)

District requiring special exception approval, (pursuant to the provisions of 971.05): CG.

(c)

Additional information requirements: Plans and documentation shall be provided by the developer as needed to demonstrate compliance with the following requirements.

(d)

Criteria for miniature golf courses:

1.

Bufferyard. A bufferyard having a minimum depth of seventy-five (75) feet when adjacent to a single-family zoning district, fifty (50) feet when adjacent to a multifamily district, shall be established and maintained as permanent open space where the project site parcel abuts a residential zoning district. Within the bufferyard, Type "A" screening shall be provided.

2.

Exterior lighting. Lighting plans shall be provided (and implemented) which demonstrate that no "spill over" from exterior light sources shall fall onto either roadways or residential zoning districts that are adjacent to the project site.

3.

Hours of operation. Where a project site is within two hundred (200) feet of a residential zoning district, the establishment shall not be operated from 11:00 p.m. to 7:00 a.m.

4.

Height limitations. Height limitations shall apply to all structures within the project site.

5.

Signs and images. All formed and fashioned images located outdoors, such as representations of animals, windmills, recreated scenes, and others which are visible from an adjacent roadway or residential zoning district shall be treated as signs and shall be restricted by the zoning code sign regulations. Any formed or fashioned images used outdoors which the developer demonstrates are not visible from an adjacent roadway or residential zoning district shall be exempted from sign regulations.

6.

Noise. Where a project site is within three hundred (300) feet of a residential zoning district, additional conditions may be added by the county to address special noise impacts. Such conditions may include, but are not limited to, setbacks, noise reducing buffers, restrictions on outdoor speakers and hours of operation.

(3)

Unenclosed commercial amusements except miniature golf courses and driving ranges (special exception).

(a)

Districts requiring special exception approval, (pursuant to the provisions of 971.05): CH.

(b)

Additional information requirements: A site plan showing the location and orientation of all principal structures and facilities, the location, name and designation of all streets providing direct and indirect ingress and egress to the site and the location and specification of all landscape materials; other plans and documents as needed to demonstrate compliance with the following requirements.

(c)

Criteria for unenclosed commercial amusements except miniature golf courses and driving ranges:

1.

[Generally.] All structures and facilities shall be oriented and screened in such a manner that will not provide a distraction to the motoring public on an adjacent street.

2.

Exterior lighting. Lighting plans shall be provided (and implemented) which demonstrate that non "spill over" from exterior light sources shall fall onto either roadways or residential zoning districts that are adjacent to the project site.

3.

Height limitations. Height limitations shall apply to all structures within the project site.

4.

Signs and images. All formed and fashioned images located outdoors, such as representations of animals, windmills, recreated scenes, and others which are visible from an adjacent roadway or residential zoning district shall be treated as signs and shall be restricted by the zoning code sign regulations. Any formed or fashioned images used outdoors which the developer demonstrates are not visible from an adjacent roadway or residential zoning district shall be exempted from sign regulations.

5.

Noise. Where a project site is within three hundred (300) feet of a residential zoning district, additional conditions may be added by the county to address special noise impacts. Such conditions may include, but are not limited to setbacks, noise reducing buffers, restrictions on outdoor speakers and hours of operation.

6.

Traffic control. Additional conditions may be added by the county to address special traffic control impacts related to sports and recreational events.

7.

Bufferyard. A bufferyard having a minimum depth of seventy-five (75) feet, when adjacent to a single-family zoning district, shall be established and maintained as permanent open space where the project site parcel abuts a residential zoning district. Within the bufferyard, Type "A" screening shall be provided.

(Ord. No. 90-16, § 1, 9-11-90; Ord. No. 2018-006, § 1, 3-13-18)

(1)

Building material sales and lumberyards (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 if courtesy sign posting is provided on site prior to staff approval).

(a)

Districts requiring administrative permit approval, (pursuant to the provisions of 971.04): CG.

(b)

Additional information requirements:

1.

A written statement defining the general inventory of materials to be sold on the premises;

2.

Statements disclosing the projected percentage of total sales to be derived from wholesale activities;

3.

A site plan showing the location of all principal structures and all on-site storage areas.

(c)

Criteria for construction material sales:

1.

All materials to be sold on the premises must be completely screened from adjacent properties and roadways;

2.

On-site vehicular storage shall be limited to those vehicles used in the operation of establishment;

3.

Such establishments shall not include the manufacture of structural wood components, roof trusses, wall units and other activities requiring the assembly of wood products;

4.

All wholesale activities shall be accessory to retail sales conducted on the site.

(2)

Outdoor storage (unenclosed) (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 if courtesy sign posting is provided on site prior to staff approval).

(a)

Districts requiring administrative permit approval, (pursuant to the provisions of 971.04): CH.

(b)

Additional information requirements: A site plan showing the location, dimensions, and area of all enclosed storage areas and proposed unenclosed outdoor storage areas (which shall consist of the entire area for storage and spacing between merchandise items).

(c)

Criteria for outdoor storage (unenclosed):

1.

Outdoor storage shall be accessory in terms of use to the principal use, and in no case shall the outdoor storage area exceed seventy-five (75) percent of the total square footage of the principal structure;

2.

Items allowed to be stored outdoors shall be limited to vehicles and equipment used in the operation of the establishment, stocking and sales display of items allowed to be sold (retail) in the CH district;

3.

For purposes of calculating parking requirements for outdoor storage of sales display items, the standards used for the principal use shall apply;

4.

All building setback requirements shall apply to the outdoor storage area(s);

5.

All outdoor storage areas containing stock and sales display items shall be completely screened (horizontal and vertical) from adjacent properties and roadways;

6.

The surface material(s) criteria for the outdoor storage area must be approved by the public works department.

(3)

Self-service storage facilities (administrative permit).

(a)

District requiring administrative permit approval, (pursuant to the provisions of 971.05): CG.

(b)

Additional information requirements:

1.

A written statement that no commercial activity, vehicular service or repair, or storage of hazardous materials shall be allowed and that this requirement will be included in every tenant's lease agreement;

2.

A site plan meeting all of the requirements of chapter 914.

(c)

Criteria for self-storage facilities:

1.

All storage units shall have a maximum interior ceiling height of fifteen (15) feet, measured finished floor to finished ceiling;

2.

Individual storage units shall not exceed three hundred (300) square feet in size;

3.

Outdoor storage, other than for vehicles and boats, is prohibited. Where outdoor storage of vehicles is to occur, a Type "C" bufferyard shall be provided between the outside storage area and adjacent right-of-way and adjacent properties;

4.

All outdoor lights shall be shielded to direct light and glare only onto the self-service storage facility premises. Light and glare shall be deflected, shaded and focused away from all adjoining property;

5.

Self-service storage facility sites shall not exceed three (3) acres gross area;

6.

Quarters for resident managers may be included within the facility as an accessory use;

7.

A Type B landscape buffer shall be required between all structures and adjacent rights-of-way; and

8.

Maximum building height for self-storage buildings shall be measured as defined in section 901.03, and shall be limited as follows:

a.

All portions of a self-storage building that are set back less than one hundred fifty (150) feet from a residential lot line shall be limited to fifteen (15) feet in height;

b.

All portions of a self-storage building that are set back at least one hundred fifty (150) feet, but less than two hundred (200) feet from a residential lot line, shall be limited to twenty-five (25) feet in height; and

c.

All portions of a self-storage building that are set back more than two hundred (200) feet from a residential lot line, shall be limited to thirty-five (35) feet in height.

d.

The above-referenced setbacks shall be measured from the finished exterior wall of the self-storage building to the nearest residential lot line.

(4)

Self-service storage facilities (special exception).

(a)

District requiring special exception approval (pursuant to the provisions of [section] 971.05): CL.

(b)

Additional information requirements:

1.

A written statement from the applicant stating the following:

i.

That no commercial activity, vehicular service or repair or storage of hazardous materials shall be allowed and that this requirement will be included in every tenant's lease agreement; and

ii.

That only domestic and household goods or personal and noncommercial goods will be kept or stored on the premises.

Both of these provisions will be set forth in appropriate and visible signage located on the facility site.

2.

A site plan meeting all of the requirements of chapter 914.

(c)

Criteria for self-storage facilities:

1.

Storage unit interior areas shall not exceed ten (10) feet in height.

2.

Storage units shall not exceed one hundred fifty (150) square feet in size.

3.

Outdoor storage is prohibited.

4.

All outdoor lights shall be shielded to direct light and glare only onto the self-storage facility premises. Light and glare shall be defected, shaded and focused away from all adjoining property and road rights-of-way.

5.

Self-service storage facility sites shall not exceed three (3) acres in gross area.

6.

Notwithstanding the applicable buffering requirements contained in section 911.10, a Type B landscape buffer with six-foot opaque feature shall be provided between all structures and adjacent properties zoned for single-family residential use.

7.

Building containing storage units shall not exceed ten thousand (10,000) square feet in floor area each and shall not exceed one hundred thousand (100,000) square feet of floor area for all buildings.

8.

Access shall only be to arterial or collector roadways and in no case through areas zoned for residential use.

9.

No utilities (other than air conditioning) may be supplied to storage units.

10.

Hours of operation shall be limited to between 6:00 a.m. and 8:00 p.m. Prior to the issuance of a certificate of occupancy, the applicant shall provide appropriate signage on the site stating the hours of operation of the facility.

11.

Buildings may not exceed fifteen (15) feet in height.

(Ord. No. 90-16, § 1, 9-11-90; Ord. No. 91-48, § 64, 12-4-91; Ord. No. 92-11, § 25, 4-22-92; Ord. No. 93-29, §§ 5F, 5G, 9-7-93; Ord. No. 97-29, § 2(B), 12-16-97; Ord. No. 2012-020, § 5, 7-10-12; Ord. No. 2018-006, § 2, 3-13-18; Ord. No. 2019-011, § 1, 6-11-19)

(1)

Fruit and vegetable stands (administrative permit).

(a)

Districts requiring administrative permit approval, (pursuant to the provisions of 971.04): A-1, A-2, A-3.

(b)

Additional information requirements:

1.

A site plan meeting all of the requirements of chapter 914;

2.

A statement identifying the hours during which the stand will be operated.

(c)

Criteria for fruit and vegetable stands:

1.

No storage, sale or display of merchandise shall be permitted within required front yards;

2.

No vehicle shall be used as a place of business for selling merchandise;

3.

Such uses shall comply with the entry and exit ways, off-street parking, yard and other applicable zoning regulations of this Code;

4.

A minimum separation distance of three thousand (3,000) lineal feet is required between stands;

5.

Fruit and vegetable stands must obtain a temporary use permit as delineated in chapter 972;

6.

Sites must be located in the AG land use designation.

(2)

Veterinary clinic or animal hospital (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 if courtesy sign posting is provided on site prior to staff approval).

(a)

Districts requiring administrative permit approval, (pursuant to the provisions of 971.04): A-1, A-2, A-3, CL, CG, CH.

(b)

Additional information requirements:

1.

A statement from the applicant indicating the types of animals to be cared for and the nature of all on-site facilities shall be submitted;

2.

A site plan, pursuant to the requirements of chapter 914.

(c)

Criteria for veterinary clinic or animal hospital:

1.

All facilities shall be located in an enclosed structure;

2.

Commercial boarding of animals may be allowed only as an accessory use and only within a totally enclosed structure;

3.

All buildings shall be soundproofed in such a manner that adequately mitigates and/or attenuates noise impacts on adjacent properties.

(3)

Uses and structures accessory to OCR projects (administrative permit).

(a)

District requiring administrative permit approval (pursuant to the provisions of section 971.04): OCR.

(b)

Additional informational requirements:

1.

A statement on the project site plans giving the total ground floor area of the project, and the total combined floor area of carry-out only restaurants, miscellaneous retail uses, and personal services.

(c)

The following retail uses are allowed in the OCR district, provided that such uses are not freestanding and that such uses combined comprise no more than twenty (20) percent of the ground floor area of the structure in which they are located:

1.

Carry-out only restaurants;

2.

Miscellaneous retail*;

3.

Personal services*;

* Specific uses allowed as indicated in chapter 911 for the OCR district.

(4)

Small-scale banks and credit institutions in the PRO district.

(a)

District requiring administrative permit approval (pursuant to the provisions of section 971.04): PRO.

(b)

Additional informational requirements:

1.

Graphics and calculations on the project site plan demonstrating compliance with the special criteria listed under (c) below.

(c)

Small-scale banks or credit institutions may be allowed on a PRO-zoned site upon satisfaction of the following criteria:

1.

The site upon which the bank or credit institution is to be developed shall front on an urban principal arterial road.

2.

The development parcel containing the small-scale bank or credit institution shall be at least one acre in size.

3.

Only one small-scale bank or credit institution shall be allowed on any individual development parcel, and said bank or institution shall be limited to a building area (gross enclosed, air-conditioned or heated area) of no more than three thousand (3,000) square feet with not more than three (3) drive-up stations. Other uses allowed in the PRO district may be developed on the same site or in the same building as the small-scale bank or credit institution.

4.

A landscape strip having a minimum depth of twenty (20) feet, and meeting the SR 60 road buffer requirements of the SR 60 Corridor Plan, shall be provided between any adjacent road right-of-way and the small-scale bank or credit institution building and related improvements.

5.

Between any small-scale bank or credit institution and a residentially designated property there shall be a collector or arterial roadway or a Type "B" buffer with six-foot opaque feature.

(5)

Fruit, vegetable, and nursery retail sales in agricultural areas.

a.

Districts requiring special exception use approval: A-1, A-2, A-3.

b.

Additional information requirements:

(1)

A site plan meeting all of the requirements of 914.

(2)

Architectural elevations of all proposed buildings.

(3)

Distance(s) to nearest fruit and vegetable stand(s) and fruit, vegetable, and nursery retail sales use(s) as measured from property line to property line.

c.

Criteria for fruit, vegetable, and nursery retail sales in agricultural areas:

1.

The use shall be located on an active agricultural production operation site containing a minimum of twenty (20) gross acres. For purposes of this requirement, "gross acres" shall mean the area of property as originally conveyed, prior to or without dedication of adjacent rights-of-way.

2.

The total gross building area of all buildings associated with retail sales use shall not exceed four thousand nine hundred (4,900) square feet. Based on this limitation and applying the "specialty retail" trip generation rate, the retail sales use shall be deemed to generate/attract no more than two hundred (200) average annual daily trips. Therefore, the unpaved, stabilized parking and driveway provisions of LDR section 954.10(3) shall apply.

3.

The use shall be separated from other administrative permit use fruit and vegetable stands and from fruit, vegetable, and nursery retail sales uses by a distance of at least three thousand (3,000) feet as measured from property line to property line.

4.

All buildings and parking areas associated with retail sales use shall be set back a minimum of one hundred (100) feet from any property line and shall be located and visually screened so that said parking area and the facades of retail buildings are not visible from adjacent public roadways.

5.

Retail sales shall be limited to agricultural products, fruits, vegetables, juices and related products, nursery plants, and accessory items such as drinks, snacks, and souvenirs. The retail sales use shall include the sale of agricultural products produced on site.

6.

Retail buildings shall be limited to a single story with an eave height not to exceed twenty (20) feet, and shall have sloped roofs and the appearance of a single-family home, farm house, or barn.

7.

Project sites shall directly access arterial or collector roads.

(6)

Automobile parking and storage (administrative permit).

(a)

Districts requiring administrative permit approval, (pursuant to the provisions of Section 971.04): PRO, OCR, MED, CN, CL.

(b)

Additional information requirements:

1.

A site plan meeting all of the requirements of Chapter 914;

(c)

Criteria for automobile parking and storage:

1.

All driveways, drive aisles, vehicle maneuvering areas, and parking spaces shall be paved with asphalt or concrete as outlined in Sections 954.10(1) or (2) and shall meet the dimensional standards and design criteria outlined in Section 954.07;

2.

No commercial vehicles, as defined in County Code Section 901.03, boats, or recreational vehicles shall be parked or stored in the PRO, OCR, MED, CN, or CL zoning districts;

3.

Commercial or "pay-to-park" facilities are prohibited in the PRO, OCR, MED, CN, or CL zoning districts;

4.

Lighting plans shall be provided (and implemented) which demonstrate that no "spill over" from exterior light sources shall fall onto either local roadways or residential zoning districts that are adjacent to the project site;

5.

A Type "C" buffer with a three (3) foot tall opaque feature shall be provided between all automobile parking and storage areas and any adjacent residentially designated property;

6.

Standard perimeter landscaping requirements shall apply to all other project perimeters;

7.

All remote or freestanding automobile parking and storage sites that serve an adjacent site shall be connected via an existing or proposed sidewalk/pedestrian system;

(Ord. No. 90-16, § 1, 9-11-90; Ord. No. 91-7, § 7, 29, 2-27-91; Ord. No. 92-11, § 26, 4-22-92; Ord. No. 94-25, § 5, 8-31-94; Ord. No. 96-6, § 15, 2-27-96; Ord. No. 97-21, § 4(B), 7-15-97; Ord. No. 2004-003, § 2, 1-6-04; Ord. No. 2016-011, § 3, 10-18-16; Ord. No. 2017-10, § 5, 8-15-17; Ord. No. 2018-006, § 3, 3-13-18; Ord. No. 2022-014, § 3, 12-6-22)

(1)

Community centers (administrative permit and special exception).

(a)

Districts requiring administrative permit approval, (pursuant to the provisions of 971.04): RM-8, RM-10.

(b)

Districts requiring special exception approval, (pursuant to the provisions of 971.05): RS-6, RT-6, RM-3, RM-4, RM-6, RMH-8.

(c)

Additional information requirements:

1.

Provide a site plan conforming with all requirements of chapter 914;

2.

Depict the location of all existing structures parking facilities and the circulation plan for all adjacent sites.

(d)

Criteria for community centers:

1.

No building or structure shall be located closer than thirty (30) feet to any property line abutting a residential use or residentially zoned property;

2.

Access shall be from a roadway not designated higher than a local roadway in the county thoroughfare plan or as approved by the public works director;

3.

Type "B" buffer, as defined in chapter 926, must be provide 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.

(2)

Correctional institutions (special exception).

(a)

Districts requiring special exception approval, (pursuant to the provisions of 971.05): A-1, A-2, A-3.

(b)

Criteria for correctional institutions:

1.

All facilities must maintain a minimum one hundred-foot setback from all property lines;

2.

A Type "A" buffer is required on all property lines;

3.

All lighting must be sufficiently screened from adjacent properties.

(3)

Cultural or civic facility (administrative permit and special exception).

(a)

Districts requiring administrative permit approval, (pursuant to the provisions of 971.04): MED.

(b)

Districts requiring special exception approval, (pursuant to the provisions of 971.05): A-1, A-2, A-3, RFD, RS-1, RM-8, RM-10.

(c)

Additional information requirements: A site plan which denotes the location of all existing structures, parking facilities, and the proposed circulation plan, pursuant to the requirements of chapter 914.

(d)

Criteria for cultural or civic facility:

1.

No building shall be located closer than fifty (50) feet to any lot line which abuts a residentially designated property;

2.

No off-street parking or loading space shall be located closer than twenty-five (25) feet to any property line abutting a residentially designated property;

3.

Any accessory restaurant or ticket sales activities to be included as part of the cultural or civic facility shall be conducted entirely within the building;

4.

The facility must have thoroughfare road frontage;

5.

A Type "C" buffer shall be provided between the facility and adjacent properties that are agriculturally or residentially designated.

(4)

Educational centers including schools, primary and secondary (not including business and vocational schools) (special exception and administrative permit).

(a)

Districts requiring administrative permit approval (pursuant to the provisions of 971.04): OCR, MED, CN, CL, CG.

(b)

Districts requiring special exception (pursuant to the provisions of 971.05): A-1, A-2, A-3, RFD, RS-1, RS-2, RS-3, RS-6, RT-6, RM-3, RM-4, RM-6, RM-8, RM-10, ROSE-4, RMH-6, RMH-8, Con-1, Con-2, Con-3.

(c)

Additional information requirements:

1.

A site plan which denotes the location of all existing and proposed structures, recreational facilities, loading and unloading area, bus queuing areas, drop-off/pick-up areas, and parking facilities. The site plan shall also include a safety/security plan and a pedestrian and vehicular circulation plan, pursuant to the requirements of Chapter 914;

2.

A description of the anticipated student service area and projected enrollment, by project phase if applicable, shall be provided;

3.

A copy of all requisite licenses from State of Florida.

(d)

Criteria for educational facilities:

1.

Sites for secondary schools shall be located near thoroughfares so as to discourage traffic along local residential streets in residential subdivisions. Elementary schools should be discouraged from locating adjacent to major arterial roadways;

2.

For the type of facility proposed, the minimum spatial requirements for the site shall be similar to standards utilized by the Indian River County school board and the State of Florida;

3.

Except as provided below, no building designed for occupancy by students shall be located within one hundred (100) feet of any property line not adjacent to a street or roadway, and no building designed for occupancy by students shall be located within fifty (50) feet of any property line abutting a local road right-of-way;

a.

Where a building designed for occupancy by students is to be located adjacent to a mixed use or TND site, or to a property zoned RM-6, RM-8, RM-10, commercial, or industrial, and there is a non-residential use or reduced setback project (small lot subdivision or planned development) on that adjacent property, then the building setback along that adjacent property many be reduced to no less than twenty-five (25) feet.

b.

Where a building designed for occupancy by students is to be located adjacent to property zoned RM-4, RM-3, single-family, or agricultural, and there is a non-residential and non-agricultural use on that adjacent property, then the building setback for the educational use may be reduced to no less than fifty (50) feet.

c.

Where a setback of one hundred (100) feet is required, the setback may be reduced to fifty (50) feet if a Type B buffer with a six (6) foot opaque feature is provided within the setback.

d.

Where the education facility is located adjacent to an existing cemetery, place of worship, child care facility, adult care facility, community center, school, or other non-residential use, buffer requirements for each use may be combined into a single buffer located between the education facility and adjacent use. The single buffer shall be greater than or equal to a Type "C" buffer.

4.

The applicant shall demonstrate that existing and proposed recreation, parking, and traffic circulation facilities adequately accommodate projected student enrollment including adequate pick-up and drop-off queue area to ensure that vehicle queues during peak pick-up and drop-off times do not adversely impact adjacent streets.

5.

No rooms within the school shall be regularly used for the housing of students when located in a single-family residential district;

6.

The facilities shall have a Type "C" buffer in the A-1, A-2, A-3, 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, school, or other non-residential use. 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.

7.

The facilities shall have a Type "C" 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 care facility, adult care facility, community center, school, or other non-residential use. 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.

(5)

Emergency services (administrative permit).

(a)

Districts requiring administrative permit approval, (pursuant to the provisions of 971.04): RS-2 RS-3 RS-6 RT-6.

(b)

Criteria for emergency services:

1.

The site must access from a thoroughfare plan or subdivision collector roadway;

2.

Type "C" screening must be located between the facility and adjacent residentially designated property;

3.

All outdoor lighting must be shielded from adjacent residentially designated property.

(6)

Governmental administrative building (administrative permit and special exception).

(a)

Districts requiring administrative permit approval, (pursuant to the provisions of 971.04): PRO MED.

(b)

Districts requiring special exception approval, (pursuant to the provisions of 971.05): A-1 A-2 A-3 RFD RS-1 RS-2 RS-3 RS-6 RT-6 RM-3 RM-4 RM-6 RM-8 RM-10 RMH-6 RMH-8.

(c)

Additional information requirements: A site plan which denotes the location of all existing structures, parking facilities, and the proposed circulation plan, pursuant to the requirements of Chapter 914.

(d)

Criteria for governmental administration building:

1.

No building shall be located closer than fifty (50) feet to any lot line which abuts a residentially designated property;

2.

No off-street parking or loading space shall be located closer than twenty-five (25) feet to any property line abutting a residentially designated property;

3.

The facilities shall have a Type "C" buffer in the A-1, A-2, A-3, RFD, RS-1, RS-2, RS-3 and RS-6 Districts and all other residential districts.

(7)

College/university (special exception).

(a)

Districts requiring administrative permit approval (pursuant to the provisions of 971.04): OCR, MED, CL, CG.

(b)

Districts requiring special exception (pursuant to the provisions of 971.05): A-1 A-2 A-3 RFD RS-1 RS-2 RS-3 RS-6 RM-3 RM-4 RM-6 RM-8 RM-10

(c)

Additional information requirements:

1.

A site plan which denotes the location of all existing structures, parking facilities, and the proposed circulation plan, pursuant to the requirements of Chapter 914.

2.

A description of the anticipated service area and projected enrollment shall be provided.

3.

Verification that applicable state standards are satisfied by the proposed project.

4.

Special traffic impact and operations information as required by the county traffic engineer.

(d)

Criteria for educational facilities:

1.

Sites for colleges/universities shall be located near thoroughfares so as to discourage traffic along local residential streets in residential areas.

2.

For the type of facility proposed, the minimum spatial requirements for the site shall be similar to standards utilized by the State of Florida.

3.

No main or accessory building shall be located within one hundred (100) feet of any property line not adjacent to a street or roadway. No main or accessory building shall be located within fifty (50) feet of any property line abutting a local road right-of-way that serves a single-family area.

4.

The applicant shall submit a description of anticipated service area and projected enrollment, by stages if appropriate, and relate the same to a development plan explaining:

a.

Area to be developed by construction phase.

b.

Adequacy of site to accommodate anticipated facilities, enrollment, recreation area, off-street parking and pedestrian and vehicular circulation on-site.

c.

Safety features of the development plan.

5.

No rooms within the school shall be regularly used for the housing of students when located in a single-family residential district.

6.

A Type "C" buffer shall be provided between facilities and adjacent properties when the project is located in the A-1, A-2, A-3, RFD, RS-1, RS-2, RS-3 and RS-6 districts.

7.

In lieu of a Type "C" buffer a Type "D" buffer may be provided between facilities and adjacent properties when the project is located in all other residential districts not listed in subsection 6. above.

(8)

Libraries (administrative permit and special exception).

(a)

Districts requiring administrative permit approval, (pursuant to the provisions of [section] 971.04): PRO, OCR, MED CN.

(b)

Districts requiring special exception approval, (pursuant to the provisions of [section] 971.05): RM-3 RM-4 RM-6 RM-8 RM-10 RS-6 RT-6.

(c)

Additional information requirements: A site plan which denotes the location of all existing structures, parking facilities, and the proposed circulation plan, pursuant to the requirements of Chapter 914.

(d)

Criteria for libraries:

1.

No building shall be located closer than fifty (50) feet to any lot line which abuts a residentially designated property.

2.

No off-street parking or loading space shall be located closer than ten (10) feet to any property line abutting a residentially designated property.

3.

The facilities shall have a Type "C" buffer along any property line(s) abutting a residentially designated property.

(Ord. No. 90-16, § 1, 9-11-90; Ord. No. 91-48, §§ 65—67, 77, 12-4-91; Ord. No. 93-29, §§ 5H, 5I, 9-7-93; Ord. No. 95-10, §§ 17B—17D, 5-31-95; Ord. No. 2002-002, § 1, 1-21-03; Ord. No. 2005-030, §§ 12—15, 9-6-05; Ord. No. 2012-020, §§ 6, 7, 7-10-12)

(1)

Bars and lounges (special exception).

(a)

Districts requiring special exception approval, (pursuant to the provisions of 971.05): CL.

(b)

Additional information requirements:

1.

A site plan showing the location, use and zoning designation of all properties within one thousand (1,000) feet of the proposed use;

2.

Proof of compliance with all state and local licensing procedures and applicable laws shall be submitted;

3.

Location and specification of all screening and buffering materials.

(c)

Criteria for bars and lounges:

1.

The facilities and off-street parking areas must have a minimum setback of thirty (30) feet from all adjacent residential properties;

2.

Outside serving areas shall be prohibited in areas adjacent to residential properties.

(2)

Bottle clubs. (Administrative permit and special exception).

(a)

Districts requiring administrative permit approval, (pursuant to the provisions of 971.04): CH.

(b)

Districts requiring special exception approval, (pursuant to the provisions of 971.05): CG.

(c)

Criteria for bottle clubs:

1.

A site plan conforming to all requirements of Chapter 914, which shows the use and zoning designation of all properties within one thousand (1,000) feet of the proposed use, and showing the location and type of screening materials;

2.

The required separation distance of one thousand (1,000) feet shall be measured by following the shortest route for ordinary pedestrian travel along the public thoroughfare from the main entrance of such place of business to the main entrance of the church or in the case of a school, to the nearest point of the school grounds in use as part of the school facilities except:

a.

Where such established church or school is within the limits of an incorporated city or town and the applicant for such license is outside such incorporated city or town then, and in that event, the place of business in the county must be the same or a greater distance from such church or school as is required by the ordinance of the incorporated city or town wherein such church or school is located;

b.

Should a church or school be established after the establishment of a place of business the subsequently established church or school shall not affect the location of the place of business nor shall it affect a subsequent renewal or transfer of any license of such a vendor;

c.

Where such established church or school is located in the county outside the limits of any incorporated city or town but so near the limits of one that under the ordinances of that city or town such a vendor in such city or town could receive a license within a distance less than stipulated by this section then and in that event, the place of business in this county outside any city or town may be the same or a greater distance from such church or school as any such business duly licensed within such city of town;

3.

No structure or off-street parking area shall be located within twenty-five (25) feet of any property line abutting a residential district. A Type "B" screening shall be required on all perimeter boundaries abutting said residential district when the bottle club is within a freestanding structure and is the sole use of the property;

4.

The hours of operation shall be limited to 7:00 a.m. to 1:00 a.m. on any given day of the week, including Saturdays and Sundays, with the exception of December 31st (New Year's Eve) on which date the hours of operation may be extended from 7:00 a.m. to 1:00 a.m., to 7:00 a.m. to 3:00 a.m.

(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 of 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.

(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 hundred (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.

(Ord. No. 90-16, § 1, 9-11-90; Ord. No. 91-48, § 68, 12-4-91; Ord. No. 95-10, § 15L, 5-31-95)

(1)

Mining (administrative permit).

(a)

Districts requiring administrative permit approval, (pursuant to the provisions of 971.04): A-1 A-2 A-3.

(b)

Criteria for mining operations:

1.

A site plan meeting all requirements of Chapter 914, and applicable requirements of Chapter 934;

2.

A reclamation plan including littoral zone plan and water quality management plan, as applicable;

3.

All mining activities must comply with Chapter 934, Excavation and Mining;

4.

No mechanical dewatering shall occur within one thousand (1,000) feet of any platted subdivision that is not serviced by public water.

5.

All mining sites shall be designated AG-1, AG-2, or AG-3 on the future land use map.

6.

At least ten (10) calendar days prior to the planning and zoning commission and board of county commissioner hearings at which the mining project request is scheduled to be considered, a mailed courtesy notice shall be sent from the county to owners of properties within one-half (½) mile of the mining site and owners of properties that front on the road that serves as the proposed haul route for the proposed mining operation. The cost of providing such notice shall be paid by the applicant.

a.

The planning and zoning commission shall conduct its consideration of the administrative permit request like a public hearing, allowing public comment.

(Ord. No. 90-16, § 1, 9-11-90; Ord. No. 2008-023, § 11, 12-18-08)

(1)

Model mobile home display (administrative permit).

(a)

Districts requiring administrative permit approval, (pursuant to the provisions of 971.04): CG.

(b)

Additional information requirements:

1.

A site plan showing the location, dimensions, and area of the real estate sales or information office and the model mobile home display in compliance with Chapter 914.

(c)

Criteria for model mobile home display:

1.

A model mobile home display unit may only be located on a site in conjunction with a real estate sales or information office and the model mobile home display;

2.

No more than one model mobile home display unit may be located on a real estate sale or information office site;

3.

For purposes of calculating parking requirements for the model mobile home display unit, the standards used for office developments shall apply;

4.

Model mobile home display units shall:

a.

Be provided with undercarriage skirting; and

b.

Be provided with a landscape strip having a minimum width of ten (10) feet between the unit and any adjacent road right-of-way. The required landscape strip area shall include a hedge of at least two (2) feet in height at the time of planting;

5.

All building setback requirements shall apply to the model mobile home;

6.

A separation distance of one thousand (1,000) feet between model mobile home display sites is required. No model mobile home display unit may be approved to be located closer than one thousand (1,000) feet to an existing display site approved and located under these administrative permit regulations;

7.

No real estate sales or information sales operations shall be conducted within the mobile home. The mobile home unit is for display purposes only, and may not be occupied as an office or residence.

(Ord. No. 90-16, § 1, 9-11-90)

(1)

Fruit and vegetable juice extraction and packing houses (administrative permit and special exception).

(a)

Districts requiring administrative permit approval, (pursuant to the provisions of 971.04): A-1 A-2 A-3 CG CH IL.

(b)

Additional information requirements: A site plan meeting all requirements of Chapter 914 which shows the zoning designation of all abutting properties.

(c)

Criteria for fruit and vegetable juice extraction and packing house:

1.

The internal circulation system shall be designed in such a manner that it will not require trucks to back into the facility from any public right-of-way;

2.

Retail sale of fruit and vegetables shall be allowed only when accessory to a packing house only with a CG district;

3.

No off-street parking or loading area shall be located within fifty (50) feet of a property line abutting a residentially designated property;

4.

Type "C" screening and buffering shall be required along all boundaries abutting a zoning district other than the IL, IG, or CH.

(2)

Recycling centers (administrative permit).

(a)

Districts requiring administrative permit approval, (pursuant to the provisions of [section] 971.04): A-1 A-2 A-3 CH IL IG.

(b)

Criteria for recycling centers:

1.

A site plan meeting all the requirements of Chapter 914, including an operational plan describing the type of materials accepted, the method of screening, handling, storing, disposing, marketing, and turnover of stored/stockpiled material, and means of complying with applicable environmental regulations;

2.

A Type "B" buffer with eight (8) foot opaque feature shall be provided between the recycling facility and adjacent properties having a non-commercial use or non-commercial land use designation;

3.

All stored recycling materials must be completely screened from adjacent properties and road rights-of-way, and configured and provided access in a manner acceptable to the fire department;

4.

No materials shall be buried or burned on site, and no tires or hazardous materials shall be stockpiled on site.

(Ord. No. 90-16, § 1, 9-11-90; Ord. No. 93-29, § 5J, 9-7-93; Ord. No. 2012-020, § 8, 7-10-12)

(1)

Demolition debris sites (special exception).

(a)

Districts requiring special exception approval, (pursuant to the provisions of [section] 971.05): A-1 A-2 A-3 IG.

(b)

Additional information requirements: A site plan meeting all the requirements of Chapter 914, which shows the location and specification of all screening materials, the location and designation of all thoroughfare roads which serve the site and all zoning districts within five hundred (500) feet of the site, and an operational plan describing the type of materials accepted, the method of screening, handling, storing, disposing, marketing, and turnover of stored/stockpiled material, and means of complying with applicable environmental regulations.

(c)

Criteria for demolition debris sites:

1.

No debris shall be stored within thirty (30) feet of any property line;

2.

All demolition activities shall be completely surrounded by a continuous one hundred (100) percent opaque fence, wall, or berm at least eight (8) feet in height, with a Type "B" buffer between the fence and adjacent property boundaries and road rights-of-way;

3.

No materials shall be buried or burned on site, and no tires or hazardous materials shall be stockpiled on site;

4.

All stored recycling materials must be completely screened from adjacent properties and road rights-of-way, and configured and provided access in a manner acceptable to the fire department;

5.

The applicant shall obtain all required permits from the department of health, department of environmental protection, and other jurisdictional agencies.

(2)

Junk and salvage yards (special exception).

(a)

Districts requiring special exception approval, (pursuant to the provisions of 971.05): IG.

(b)

Additional information requirements: A site plan meeting all requirements of Chapter 914, which shows the location and specification of all screening materials, the location and designation of all thoroughfares serving the site and all zoning districts within five hundred (500) feet.

(c)

Criteria for junk and salvage yards:

1.

No junk or salvage vehicle or other junk or scrap material shall be stored or dismantled within one hundred (100) feet of any major thoroughfare or five hundred (500) feet of any residential use or residentially designated property;

2.

All junkyard and salvage activities shall be completely surrounded by a continuous one hundred (100) percent opaque fence or wall at least eight (8) feet in height, with a Type "C" buffer between the fence and adjacent property boundaries and road rights-of-way;

3.

No burning activities or burying of junk, trash or debris shall be permitted on the site;

4.

Upon discontinuing the use of the premises as a business enterprise, all evidence of a junk or salvage yard shall be removed by the property owner within one hundred eighty (180) days;

5.

No storing of tires unless expressly approved with a state permit, and in accordance with the conditions and restrictions thereof;

6.

Junk will not be allowed to extend beyond the height of the fence;

7.

Vehicles may not be stored outside the fenced area.

(Ord. No. 90-16, § 1, 9-11-90; Ord. No. 92-39, § 34, 9-29-92; Ord. No. 94-1, § 1D, 1-5-94; Ord. No. 2005-030, §§ 16, 17, 9-6-05; Ord. No. 2012-020, § 9, 7-10-12)

(1)

Child care and adult care facilities (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 if courtesy sign posting is provided on site prior to staff approval; and special exception).

(a)

Districts requiring administrative permit approval, (pursuant to the provisions of 971.04): A-1 A-2 A-3 RFD RM-8 RM-10 RMH-6 RMH-8 ROSE-4 PRO OCR CN.

(b)

Districts requiring special exception approval, (pursuant to the provisions of 971.05): RS-1 RS-2 RS-3 RS-6 RT-6 RM-3 RM-4 RM-6 AIR-1.

(c)

Additional information requirements:

1.

A site plan which shows all adjacent paved public roads as well as the nearest major thoroughfare, all off-street parking facilities, and the location and size of all proposed buildings, structures and signs on the site and adjacent properties, pursuant to the requirements of Chapter 914;

2.

Evidence shall be provided that minimum requirements to qualify for a State of Florida license have been satisfied;

3.

Child care facilities shall describe the type of playground equipment and playground area, if any, which is to be utilized.

(d)

Criteria for child care or adult care facilities:

1.

The site shall be located on a paved road with sufficient width to accommodate pedestrian and vehicular traffic generated by the use. The facility shall be located near thoroughfares, as designated in the county's major thoroughfare plan, so as to discourage traffic along residential streets in the immediate area;

2.

Special passenger loading and unloading facilities shall be provided on the same site for vehicles to pick up or deliver clientele. Such facilities shall include driveways that do not require any back-up movements by vehicles to enter or exit the premises;

3.

All regulations of the State of Florida that pertain to the use as presently exists or may hereafter be amended shall be satisfied;

4.

Child care facilities shall provide recreation area(s) and facilities that meet or exceed applicable state standards. The applicant shall supply to the planning division, prior to site plan approval, written acknowledgement from the state that the proposed recreation area(s) and facilities meet or exceed applicable state standards. The applicant shall provide either a six-foot opaque buffer or one hundred fifty-foot setback between all outdoor recreation areas and adjacent residentially designated properties.

5.

A Type "C" buffer will be required, acceptable to the planning department.

(2)

Civic and social membership organization facilities administrative permit and special exception.

(a)

Districts requiring administrative permit approval, (pursuant to the provisions of 971.04): MED.

(b)

Districts requiring special exception (pursuant to the provisions of 971.05): A-1, RM-8, and RM-10.

(c)

Additional information requirements:

1.

A site plan meeting all of the requirements of Chapter 914.

(d)

Criteria for civic and social membership organizations:

1.

(MED District Only) Buffering of the project shall consist of a Type "C" buffer where abutting the MED district and Type "B" where adjacent to residential properties.

2.

(Districts Other Than MED) The project site shall have an M-1 or M-2 land use designation.

3.

(Districts Other Than MED) No main or accessory building shall be located within fifty (50) feet of an adjacent street right-of-way or within one hundred (100) feet of an adjacent residentially or agriculturally zoned property.

4.

Access shall be from a roadway designated higher than a local roadway in the county thoroughfare plan.

5.

A 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 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 (such as fencing) may be required.

(3)

Group homes: Level I, II, III, residential center, and adult congregate living facility (ACLF) (administrative permit and special exception).

(a)

Districts requiring administrative permit approval, (pursuant to the provisions of [section] 971.04): Level I and ACLF (eight (8) residents maximum): A-1 A-2 A-3 RFD RS-1 RS-3 RS-6 RT-6 RM-3 RM-4 RM-6 RMH-6 AIR-1; Level II, III, and ACLF (twenty (20) residents maximum): RM-8 RM-10 RMH-8.

(b)

Districts requiring special exception approval, (pursuant to the provisions of [section] 971.05): Level II, III and ACLF (twenty (20) residents maximum): A-1 A-2 A-3 RT-6 RM-3 RM-4 RM-6 RMH-6; residential centers and ACLF (twenty-one (21)+ residents): RM-3 RM-4 RM-6 RM-8 RM-10 CL CG CH RMH-6 RMH-8.

(c)

Additional information requirements:

1.

A site plan which denotes the location of all structures, parking facilities, and the proposed circulation plan, pursuant to the requirements of Chapter 914;

2.

A floor plan showing the location, size, and space utilization of each room shall be submitted;

3.

The applicant shall submit a signed affidavit stating that all applicable regulations of the State of Florida and Indian River County as currently exist have been satisfied.

(d)

Criteria for group homes: Level I, II, III, residential centers and adult congregate living facility. Group homes shall be distinguished by their resident capacity as follows:

1.

Level I group home or ACLF, up to eight (8) residents including caretaker(s) per shift;

2.

Level II group home or ACLF, up to twelve (12) residents including caretaker(s) per shift;

3.

Level III group home or ACLF, up to twenty (20) residents including caretaker(s) per shift; and

4.

Residential centers or ACLF (not Level I, II, or III), twenty-one (21) or more residents including caretaker(s) per shift.

(e)

Those group homes or ACLFs whose residents are service-dependant persons requiring special protection or custodial care in order to meet their emotional and/or physical needs must meet all licensing requirements from the Department of Health and Rehabilitative Services of the State of Florida.

1.

The use shall satisfy all applicable regulations of the State of Florida and Indian River County as currently exist;

2.

The approving body shall determine that the proposed use is compatible with the surrounding neighborhood in terms of land use intensity. The maximum allowable land use intensity shall be computed as follows:

a.

Regarding single-family zoning districts:

(number of allowable dwelling units) × (2.5 residents per dwelling unit) × 1.5 = maximum number of residents allowed

b.

Regarding multi-family and commercial zoning districts:

(number of allowable dwelling units) × (2 residents per dwelling unit) × 1.5 = maximum number of residents allowed.

In no case shall the maximum number of residents allowed on a project site exceed the average maximum number of residents allowed (as calculated by the above formula) on adjacent sites bordering the project site. Averaging for adjacent sites shall be based upon length of the common border between the project site and the adjacent site.

3.

To avoid unsafe or unhealthy conditions that may be produced by the overcrowding of persons living in these facilities, a minimum floor area per person shall be required. Floor area requirements shall be measured from interior walls of all rooms including closet space.

a.

Total interior living space. A minimum of two hundred (200) square feet of interior living space shall be provided per facility resident. Interior living space shall include sleeping space and all other interior space accessible on a regular basis to all facility residents.

b.

Minimum sleeping areas. A minimum of eighty (80) square feet shall be provided in each sleeping space for single occupancy. A minimum of sixty (60) square feet of sleeping space shall be provided for each bed in a sleeping space for multiple occupancy.

c.

Bathroom facilities. A full bathroom with toilet, sink and tub or shower shall be provided for each five (5) residents.

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 twenty-one (21) or more residents, where such uses are located on major arterial roadways.

5.

If located in a single-family area, the home shall have the appearance of a single-family home. Structural alterations or designs shall be of such a nature as to preserve the residential character of the building.

6.

If located in the AIR-1 zoning district, the site shall have an L-1 land use designation.

7.

The facility shall satisfy all applicable off-street parking requirements of Chapter 954. The facility shall meet or exceed all open space requirements for the respective zoning district.

8.

The maximum capacity of such facilities shall not exceed the applicable number permitted by the department of health and rehabilitative services.

9.

Group home permits are transferable. If the type of resident/client changes or the resident capacity increases to such an extent that it would raise the facility to a higher level group home as distinguished by the definition, the facility must be reevaluated for an administrative permit or special exception approval.

10.

If a Level III facility is to be located adjacent to an active agricultural operation that typically involves application of fertilizers, herbicides, or pesticides (e.g. citrus groves and field crops), then a buffer meeting the requirements of [subsection] 911.04(3)(c)6 shall be provided between the Level III facility building and the adjacent active agricultural operation.

(f)

Adult congregate living facilities, nursing homes, homes for the aged, total care facilities, group homes, and similar developments shall not be located in the Coastal High Hazard Area.

(4)

Homes for the aged, including nursing homes, rest homes, convalescent homes, intermediate care facilities, and continuing care facilities (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 if courtesy sign posting is provided on site prior to staff approval; and special exception).

(a)

District requiring administrative permit (pursuant to provisions of 971.04): MED

(b)

Districts requiring special exception approval, (pursuant to the provisions of 971.05): CL CG.

(c)

Additional information requirements:

1.

A site plan, pursuant to the requirements of Chapter 914.

2.

A license issued by the State of Florida, pursuant to F.S. ch. 400.

(d)

Criteria for nursing homes, rest homes, convalescent homes and homes for the aged.

1.

All such facilities shall be located near a collector or arterial roadway;

2.

Type "D" buffering shall be required along the perimeter boundaries of the site. Along boundaries where more intense buffering is required, the more intense buffering requirement shall apply.

3.

Adult congregate living facilities, nursing homes, homes for the aged, total care facilities, group homes, and similar developments shall not be located in the coastal high hazard area.

(5)

Places of worship (administrative permit).

(a)

Districts requiring administrative permit approval, (pursuant to the provisions of [section] 971.04): A-1 A-2 A-3 RFD RS-1 RS-2 RS-3 RS-6 RT-6 RM-3 RM-4 RM-6 RM-8 RM-10 RMH-6 RMH-8 CRVP ROSE-4 AIR-1.

(b)

Reserved.

(c)

Additional information requirements: The site plan shall denote the location of all existing structures, parking facilities, and the proposed circulation plan, pursuant to the requirements of Chapter 914.

(d)

Criteria for places of worship:

1.

No building or structure shall be located closer than thirty (30) feet to any property line abutting a residential use or residentially designated property;

2.

The project site shall:

a.

Have frontage on a Thoroughfare Plan road (including separation from a canal or similar right-of-way); or

b.

Have a land use designation of M-1 or M-2; or

c.

Be located within a Planned Development (PD); or

d.

Be determined by the Public Works Director to be a small traffic generator as provided in subsection 952.07(5)(a) (less than 400 average daily trips).

3.

Any accessory residential use, day care facility or school upon the premises shall provide such additional lot area as required for such use by this section and shall further be subject to all conditions set forth by the reviewing procedures and standards for that particular use. Accessory residential uses may include covenants, monasteries, rectories or parsonages as required by these regulations;

4.

A Type "B" buffer shall be provided along all property boundaries where the facility is located adjacent to a single-family residentially zoned property. A Type "C" 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.

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, community center, or school. Consideration shall be given to security, noise, and visual impacts. Where a waiver or a buffer reduction is granted, normal perimeter landscaping requirements shall apply, and alternative requirements (such as fencing) may be required.

5.

Where a place of worship is located adjacent to an active agricultural operation, an "active agriculture" buffer as set forth in subsection 911.04(3)(c)6 shall be provided between the adjacent active agricultural operation and the place of worship building and parking facility.

(6)

Residential treatment centers (special exception).

(a)

District requiring special exception approval, (pursuant to the provisions of 971.05): CL CG CH RM-8 RM-10.

(b)

Additional information requirements:

1.

A site plan which denotes the location of all structures and parking facilities, and meets all requirements of Chapter 914;

2.

A floor plan showing the location, size, and space utilization of each room shall be submitted;

3.

The applicant will identify any and all residential treatment facilities located within two thousand (2,000) feet of the site;

4.

The applicant shall submit a signed affidavit stating that all applicable regulations of Indian River County and the State of Florida as exist at the time of approval have been satisfied.

(c)

Criteria for residential treatment centers:

1.

Residential treatment centers must meet all licensing requirements of the Department of Health and Rehabilitative Services of the State of Florida;

2.

To avoid unsafe or unhealthy conditions that may be produced by the overcrowding of persons living in these facilities, a minimum floor area per person shall be required. Floor area requirements shall be measured from interior walls of all rooms including closet space.

a.

Total interior living space. A minimum of two hundred (200) square feet of interior living space shall be provided per facility resident. Interior living space shall include sleeping space and all other interior space accessible on a regular basis to all facility residents.

b.

Minimum sleeping areas. A minimum of eighty (80) square feet shall be provided in each sleeping space for single occupancy. A minimum of sixty (60) square feet of sleeping space shall be provided for each bed in a sleeping space for multiple occupancy.

c.

Bathroom facilities. A full bathroom with toilet, sink and tub or shower shall be provided for each five (5) residents.

3.

The facility shall provide parking at a rate of one space per five hundred (500) square feet of gross floor area and comply with all other aspects of the off-street parking requirements of Chapter 954.

4.

The maximum capacity of residential treatment centers shall not exceed the applicable number permitted by the department of health and rehabilitative services.

5.

No residential treatment center shall be located within one thousand two hundred (1,200) feet of any other residential treatment facility, measured between the closest points of property.

6.

Residential treatment centers shall have a twenty foot buffer strip with Type "A" screening at all points where they abut residentially designated property.

(7)

Total care facilities (special exception).

(a)

Districts requiring special exception approval, (pursuant to the provisions of 971.05): RM-8 RM-10.

(b)

Additional information requirements:

1.

A site plan, pursuant to the requirements of Chapter 914;

2.

Any license(s) required by the State of Florida shall be provided.

(c)

Criteria for total care facilities:

1.

The density of development within the total care facility shall not exceed the density limitations of the zoning district within which the project is proposed. Living units with cooking facilities shall count as one dwelling unit, and living units without cooking facilities shall count as two-thirds (⅔) of a dwelling unit for the purposes of calculating the density of development;

2.

The total care facility shall be primarily residential in character; however, convalescent and nursing homes, centralized eating facilities for residents of the facility, medical facilities (excluding freestanding medical offices), and similar uses associated with the long or short-term care of patients may be included as part of the project;

3.

Nonresidential and non-recreational land uses included as part of the total care facility shall not exceed twenty (20) percent of the gross residential floor area contained therein;

4.

The total care facility shall maintain a minimum of fifty (50) percent open space on the parcel in which it is located;

5.

No building or structure shall be located closer than thirty (30) feet to any lot line which abuts a residentially designated property;

6.

No off-street parking shall be located closer than fifteen (15) feet to any lot line which abuts a residentially designated property;

7.

Adequate provisions shall be made for service vehicles with access to the building at a side or rear entrance.

(8)

Cemeteries (special exception).

(a)

Districts requiring special exception approval, (pursuant to the provisions of 971.05): A-1 A-2 A-3.

(b)

Criteria for cemeteries:

1.

No areas used for burial, including buildings such as mausoleums and columbariums, shall be located closer than one hundred (100) feet to any property line abutting a residential use or a residentially designated property, or closer than fifty (50) feet to any property not designated or used residentially.

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 waiver 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 fencing) may be required.

3.

The applicant must demonstrate compliance with all applicable requirements from the department of health and rehabilitative services and other jurisdictional agencies.

4.

Crematoriums shall not be allowed as accessory uses to cemeteries, and are allowed only in the zoning districts where such a use is specifically allowed (reference Chapter 911).

5.

The cemetery site shall be accessed from a thoroughfare plan road, unless otherwise approved by the public works department.

6.

The site plan for the cemetery shall indicate that the internal driveway design accommodates the on site queuing of twenty (20) or more automobiles.

7.

The applicant shall submit certification from a professional engineer that the site's groundwater characteristics will adequately accommodate normal burial-related structures.

(Ord. No. 90-16, § 1, 9-11-90; Ord. No. 91-7, § 25, 34, 2-27-91; Ord. No. 91-48, § 78, 12-4-91; Ord. No. 93-8, §§ 15—17, 3-18-93; Ord. No. 94-1, § 4B, 1-5-94; Ord. No. 94-25, § 12, 8-31-94; Ord. No. 95-10, §§ 1, 17A, 17E, 5-31-95; Ord. No. 96-5, § 1(E), 2-27-96; Ord. No. 99-13, §§ 7B, 7C, 5-5-99; Ord. No. 2000-038, § 1C, 11-21-00; Ord. No. 2005-030, §§ 18—20, 9-6-05; Ord. No. 2012-020, §§ 10, 11, 7-10-12; Ord. No. 2018-006, § 4, 3-13-18; Ord. No. 2018-023, § 6, 10-16-18)

(1)

Boat sales and rental (administrative permit).

(a)

Districts requiring administrative permit approval, (pursuant to the provisions of 971.04): CG.

(b)

Additional information requirements:

1.

A site plan meeting all requirements of Chapter 914 and which shows the zoning and land use designation of all properties within one hundred (100) feet of the proposed site;

2.

A written statement specifically stating the activities to be conducted on the site.

(c)

Criteria for boat sales and rentals:

1.

All off-street parking, loading, and sales areas shall have a paved surface which meets the standard of Chapter 954;

2.

No outdoor storage other than the display of watercraft for sale or rent shall be permitted on the site;

3.

No outdoor sales or rental storage lot shall be located within fifty (50) feet of a residentially designated property.

(2)

Commercial fisheries (administrative permit).

(a)

District requiring administrative permit approval, (pursuant to the provisions of 971.04): CG.

(b)

Additional information requirement:

1.

A site plan pursuant to Chapter 914 showing the location of all on-site storage areas and the zoning and land use designation of all properties within one hundred (100) feet of the proposed site.

(c)

Criteria for commercial fisheries:

1.

No building or structure shall be located within one hundred (100) feet of any property line abutting a residentially designated property;

2.

No off-street parking or loading areas shall be located within fifty (50) feet of a property line abutting a residentially designated property;

3.

No outdoor sales or storage shall be permitted on the site.

(3)

Commercial marinas (special exception).

(a)

Districts requiring special exception approval, (pursuant to the provisions of 971.05): CG CH.

(b)

Additional information requirements:

1.

A written statement specifically describing the activities to be conducted on the proposed site;

2.

A site plan showing the location of all on-site storage areas and the zoning designation of all properties within two hundred (200) feet of the proposed site. The site plan shall identify any and all boat slips proposed for use by live-aboard vessels;

3.

Written verification of compliance with all applicable local, state, and federal permitting and regulatory procedures;

4.

An environmental impact survey describing in detail any real or potential adverse impacts on existing or potential natural resources in the vicinity of the proposed site, including, but not limited to: aquatic and shoreline vegetation, water circulation and turbidity, waterway widths, depths and shoreline contours, existing wetland or impoundment areas on-site, and known or potential seagrass, fishery, or manatee habitats within one thousand (1,000) feet of the proposed site.

(c)

Criteria for commercial marinas:

1.

Point and non-point discharges from upland activities associated with marinas shall not be permitted to enter adjacent estuarine surface waters;

2.

Marinas operations must comply with a required pollution mitigation plan which addresses at a minimum: fuel storage/spill management, contaminated runoff collection, and water pollution clean-up/control procedures and appropriate personnel training. All pollution mitigation plans shall be reviewed and approved by all appropriate reviewing agencies, including the environmental planning section, and the environmental health department, as part of the special exception use review and approval process. Plans shall include a requirement that an inventory of all pollution response materials and emergency contracts shall be maintained and updated every four (4) years, as approved by environmental planning, environmental health and emergency management;

3.

Commercial marinas shall be designed and sited in order to minimize degradation of water quality and circulation patterns and adverse impacts to marine habitats. Commercial marinas shall not be permitted in FDNR approved shellfish propagation or harvesting areas;

4.

Site locations shall have a minimum average water depth of four (4) feet as measured at mean low water. All marina access shall be through existing channels or through areas of greater than four-foot water depth. The dredging of new channels to provide marine access to a site is prohibited. Maintenance dredging of existing channels shall be the minimum necessary and shall not exceed eight (8) feet in depth, as measured from mean low water. All dredging activities must first obtain all necessary permits/reviews from the Army Corps of Engineers, FDNR, FDER, St. John's Water Management District and/or any other agency with applicable jurisdiction. Dredging shall be prohibited in FDNR recognized seagrass and shellfish areas, unless specifically permitted by FDNR. All work which affects seagrass or shellfish areas shall be subject to the provision of Chapter 932, and Chapter 928;

5.

All approved marinas shall require sufficient upland areas to accommodate all needed utilities and marina support facilities, including parking, setbacks, lighting, open space, public facilities, drainage and pollution mitigation criteria;

6.

Marinas shall be required to display and maintain all applicable navigation, warning and manatee awareness markings, as approved by the Florida Marine Patrol, the Florida Department of Natural Resources, the U.S. Army Corps of Engineers, the Indian River County Planning Department, the Florida Inland Waterway Navigation District, and any additional reviewing agency with appropriate jurisdiction. All marinas shall participate in manatee awareness programs and provide educational information for marina users;

7.

Commercial marinas shall include boat liveries and marinas; boat yards shall not be allowed;

8.

No building or structure shall be located closer than one hundred (100) feet to any lot line which abuts property having a residential land use designation;

9.

No off-street parking, loading or vehicular sales area shall be located within fifty (50) feet of a lot line abutting a residential district;

10.

All repair and maintenance activities shall be conducted within a structure;

11.

All outdoor sales and storage lots shall have a paved surface which meets the standards of Chapter 954, as applicable;

12.

Type "A" screening shall be provided along all property lines which abut a residential district;

13.

All commercial marinas shall be required to install and maintain, in working condition, sewage pump-out facilities in accordance with the following criteria:

a.

Pump-out facilities shall incorporate marina wide systems, portable/mobile systems, slipside systems or a combination of these and shall be approved and inspected by the environmental health department on a regular basis;

b.

Effluent shall be collected for forwarding to approved public facilities or directly deposited to approved public or private facilities. With county and appropriate state or federal approval, properly treated "gray water" may be utilized for landscape irrigation, provided this use does not endanger the health, safety or welfare of the population or the environment and its flora and fauna; and

c.

Pump-out facilities shall be located to provide unconstrained access to watercraft.

d.

Live-aboard vessels moored in commercial marinas shall be required to connect to county approved pump-out facilities or a municipal or county sewer facility.

14.

The mooring of live-aboard vessels shall be limited to those boat slips designated for live-aboard vessel use on an approved site plan.

(4)

Marine repair and service (administrative permit).

a.

Districts requiring administrative permit (pursuant to the provisions of 971.04): CG.

b.

Additional information requirements: A site plan meeting all the requirements of Chapter 914 and showing the zoning and land use designation of all abutting properties.

c.

Criteria for marine repair and service:

1.

Such activities shall not include boat yards, as defined in Chapter 901;

2.

No outdoor storage shall be allowed on the premises;

3.

No building or structure shall be located within one hundred (100) feet of a property line which abuts a residentially designated property.

(Ord. No. 90-16, § 1, 9-11-90; Ord. No. 91-48, § 80, 12-4-91)

(1)

Country clubs (administrative permit and special exception).

(a)

Districts requiring administrative permit approval, (pursuant to the provisions of 971.04): A-1 A-2 A-3 CRVP.

(b)

Districts requiring special exception approval, (pursuant to the provisions of 971.05): RFD RS-1 RS-2 RS-3 RS-6 RT-6 RM-3 RM-4 RM-6 RM-8 RM-10 RMH-6 RMH-8 AIR-1.

(c)

Additional information requirements: A site plan meeting the requirements of Chapter 914.

(d)

Criteria for country clubs:

1.

Such facilities may include restaurants with alcoholic beverage licenses;

2.

No principal or accessory building shall be located closer than forty-five (45) feet to any street line or closer than one hundred (100) feet to any lot line which abuts a single-family zoning district; however, buildings associated with specific uses, such as golf courses and tennis facilities, may be located as allowed by other specific land use criteria that are applicable to that use.

3.

No off-street parking or loading area shall be located closer than twenty-five (25) feet to any residentially designated property. The minimum setback shall be reduced to fifteen (15) feet when the parking lot is located adjacent to a non-residential use.

4.

Where such uses involve golf courses, tennis courts, marinas or any other recreational uses for which standards are set forth in section 971.40, the proposed use shall also be subject to such standards and procedures, unless a waiver is granted by the decision making body because the standards are not applicable to the type or intensity of use proposed.

5.

All multipurpose recreational clubs authorized herein shall be located either adjacent to a major thoroughfare or located within a project which is adjacent to a major thoroughfare.

6.

All outdoor lighting shall be adequately shielded in order to prevent reflection onto adjacent properties.

7.

A landscaped bufferyard with Type "C" screening, shall be required adjacent to all residentially designated land.

a.

Where the country club is located adjacent to an existing cemetery, place of worship, child care facility, adult care facility, community center, school, or other non-residential use, buffer requirements for each use may be combined into a single Type "C" buffer located between the country club and adjacent use. Joint landscape buffers shall be located in a landscape easement approved by the county, with the consent of the adjacent property owner.

(2)

Dude ranches (special exception).

(a)

Districts requiring special exception approval, (pursuant to the provisions of [section] 971.05): A-1 A-2 A-3.

(b)

Criteria for dude ranches:

1.

Provide a site plan which meets all the requirements of Chapter 914, which shows all facilities;

2.

The site must be located on a minimum of forty (40) acres of property;

3.

All lodging facilities must maintain a minimum two hundred-foot setback from all property lines;

4.

The overall density allowed shall be one (1) person per five (5) acres of land;

5.

Setback requirements for a barn or housing facilities shall follow the underlying zoning district. Requirements for stables shall follow the criteria listed in [subsection] 971.08(12);

6.

The applicant must provide with the application a written statement of use for the facility.

(3)

Golf courses and accessory facilities (administrative permit and special exception).

(a)

Districts requiring administrative permit approval, (pursuant to the provisions of [section] 971.04): A-1 A-2 A-3.

(b)

Districts requiring special exception approval, (pursuant to the provisions of [section] 971.05): RFD RS-1 RS-2 RS-3 RS-6 RT-6 RM-3 RM-4 RM-8 RM-10 RMH-6 RMH-8 ROSE-4 RM-6 AIR-1.

(c)

Additional information requirements:

1.

The location and designation of all zoning and land use designations abutting the site;

2.

A site plan meeting the requirements of Chapter 914.

(d)

Criteria for golf courses and accessory facilities:

1.

Golf courses and accessory facilities shall not be interpreted to include freestanding commercial miniature golf courses and/or driving ranges or other unenclosed commercial amusements.

2.

No major accessory use or principal building or structure shall be located closer than one hundred (100) feet to any lot line which abuts a residentially designated property; however, the one hundred (100) foot setback may be reduced to normal zoning district setbacks if the use of the abutting residentially designated property is non-residential (e.g. institutional, recreation, community services uses) and if a Type "B" buffer with six (6) foot opaque feature is provided between the building and structures and the abutting residentially designated property.

3.

Golf courses shall, to the most reasonable extent, retain and preserve native vegetation over at least thirty (30) percent of the total upland area of the course due to their characteristically high water demand and heavy nutrient loads.

4.

The golf courses shall be designed so that any lighting is shielded and directed away from residential areas.

5.

Type "B" screening shall be provided between golf maintenance facilities and adjacent residentially designated property within two hundred (200) feet of the golf maintenance facility.

a.

Where the golf maintenance facility is located adjacent to an existing cemetery, place of worship, child care facility, adult care facility, community center, school, or other non-residential use, buffer requirements for each use may be combined into a single Type "C" buffer located between the golf maintenance facility and adjacent use. Joint landscape buffers shall be located in a landscape easement approved by the county, with the consent of the adjacent property owner.

(4)

Commercial hunting and fishing lodges (special exception).

(a)

Districts requiring special exception approval, (pursuant to the provisions of 971.05): A-1 A-2 A-3.

(b)

Additional information requirements:

1.

A site plan that labels and depicts the location and size of the resource area associated with the proposed hunting or fishing lodge use, and all facilities and areas used for boating, and other activities conducted adjacent to the resource area.

2.

Documentation confirming rights of the lodge operator and guests to access and use the associated resource area.

(c)

Criteria for hunting and fishing lodges:

1.

The principal uses/structures, including all lodge buildings, must be located on a site that meets the applicable zoning district minimum lot size;

2.

Lodge accommodations for over-night stays shall not exceed one (1) person per acre of the project site area and shall not exceed a total of twenty-five (25) persons.

3.

The lodge site shall have legal access to and use of an adjacent resource area of at least four hundred (400) acres. Any lake may count as part of the resource area acreage;

4.

Hunting lodges must provide:

a.

Paved driveway aprons; and

b.

Paved parking or non-paved and stabilized parking if approved by the public works director or his designee pursuant to the requirements of subsection 954.10(3)

5.

Fishing lodges must provide:

a.

A site management plan that, in accordance with applicable local, state, and federal environmental regulations, adequately addresses fish-cleaning, boating, and other uses/activities that impact resources. The management plan shall be submitted with the site plan, and must be approved by the environmental planning staff prior to site plan release.

(5)

Major sports and recreation areas and facilities (special exception).

(a)

District requiring special exception approval, (pursuant to the provisions of 971.05): A-1 A-2 A-3.

(b)

Additional information requirements: The site plan shall denote the location of all existing structures, parking facilities, and the proposed circulation plan for the facility, pursuant to the requirements of Chapter 914.

(c)

Criteria for major sports areas and facilities:

1.

All buildings and structures shall be at least thirty (30) feet from all property lines;

2.

Off-street parking shall be provided in the ratio of a minimum of one space to every four (4) seats;

3.

All facilities shall be located on a principal or arterial street, as established in the county thoroughfare plan;

4.

The facility shall be designed so that any outdoor lighting is shielded and directed away from any residentially designated areas;

5.

The facility must be located on a site no smaller than twenty (20) acres.

(6)

Off-road vehicle tracks (special exception).

(a)

Districts requiring special exception approval, (pursuant to the provisions of 971.05): A-1 A-2 A-3.

(b)

Additional information requirements: A site plan meeting all the requirements of Chapter 914.

(c)

Criteria for off-road vehicle tracks:

1.

The track must be designed to minimize impact to native vegetative plant communities;

2.

The track must be designed to setback a minimum of four hundred (400) feet from any adjacent property boundary;

3.

The project must be located on a site no smaller than forty (40) acres;

4.

The project must demonstrate compliance with Indian River County's noise and vibration control regulations;

5.

The site must maintain dust control regulations;

6.

No storage of gasoline shall be allowed on-site;

7.

Type "A" buffering with a six-foot opaque feature is required on boundaries adjacent to residential uses;

8.

No commercial tracks shall be allowed;

9.

Outdoor lighting shall be restricted and shall be shielded from adjacent property.

(7)

Parks and playgrounds open to the public (administrative permit and special exception).

(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 RMH-6 RMH-8 ROSE-4 CRVP RM-3 RM-4 RM-6 RM-8 RM-10.

(b)

Districts requiring special exception approval, (pursuant to the provisions of 971.05): Con-1 Con-2 Con-3.

(c)

Additional information requirements:

1.

The location and size of all buildings, structures, and all off-street parking and loading facilities, pursuant to the requirements of Chapter 914;

2.

A statement by the applicant identifying the specific types of activities and programs which are to be associated with the use shall be submitted.

(d)

Criteria for public parks and playgrounds:

1.

No off-street parking or loading areas of buildings and structures shall be located closer than twenty (20) feet to any property line abutting a residentially designated district;

2.

Any recreational use equipped with lighting to allow the use of the facility after sunset shall be designed such that:

a.

All lights are shielded from shining into residentially designated adjacent properties; and

b.

Hours of operation and/or special design techniques are used to mitigate noise impacts, especially during evening and nighttime hours.

3.

Buffering of the project shall be sufficient to not adversely affect adjacent property.

(8)

Public/private multi-slip facilities (special exception).

(a)

Districts requiring administrative permit approval, (pursuant to the provisions of 971.04): Private multi-slip facilities: RS-1 RS-2 RS-3 RS-6 RT-6 RM-3 RM-4 RM-6 RM-8 RM-10.

(b)

Districts requiring special exception approval, (pursuant to the provisions of 971.05): Public/private multi-slip facilities: RS-1 RS-2 RS-3 RS-6 RT-6 RM-3 RM-4 RM-6 RM-8 RM-10.

(c)

Additional information requirements: A site plan showing the location, dimensions and area of dock facility and meeting all requirements of Chapter 914.

(d)

Criteria for public/private multi-slip facilities:

1.

Facilities must be located in a single-family or multifamily zoning district;

2.

Facilities must be constructed in association with a multifamily development, a residential development, or a public park area;

3.

Facilities must be authorized by all local, state, and federal jurisdictional agencies, or have been granted express waivers therefrom, prior to construction;

4.

Berthing slips must be made available for renting to the public (natural persons) at large, in such quantities or ratio as may be required by the department of natural resources, the trustees of the internal improvement fund, or both, according to the size of the docking facility;

5.

Public access to any public/private docking facility shall be in a manner which provides minimum impact to surrounding residential uses;

6.

Sewage pump-out facilities must be included in public/private docking facilities having or exceeding ten (10) slips for vessels greater than twenty-five (25) feet. These facilities shall be consistent with section 971.35(13);

7.

All facilities must meet or exceed the minimum criteria set forth by applicable federal, state and local reviewing agencies. The applicant shall be required to secure all necessary permits from said agencies prior to site plan release;

8.

Dredging of new channels is not permitted for new multi-slip facilities. All proposed maintenance dredging shall be the minimum necessary. Maintenance dredging of channels for multi-slip facilities shall not exceed six (6) feet in depth, measured from mean low water;

9.

Live-aboards shall not be permitted in association with private multi-slip facilities.

(e)

Criteria for private multi-slip facilities:

1.

A site plan showing the location, dimensions and area of the dock facility, showing all waterway widths, water depths, shoreline contours, aquatic and shoreline vegetation and marine habitats within five-hundred (500) feet of the proposed facility;

2.

The facility shall be located in a single-family or multifamily zoning district;

3.

The facility shall be constructed in association with a multifamily development or a residential subdivision;

4.

The facility shall be authorized by all local, state and federal jurisdictional agencies, or have been granted express waivers therefrom, prior to site plan release;

5.

The facility shall meet, at a minimum, the general criteria set forth by section 932.07, Piers, Docks and Boatslips and shall meet applicable requirements of Indian River County's adopted Manatee Protection Plan;

6.

Live-aboards shall not be permitted in association with private multi-slip facilities;

7.

Private multi-slip facilities with ten (10) or more berthing slips for vessels twenty-five (25) feet or larger shall be required to meet the criteria set forth in subsection 971.40(8)(d);

8.

No dredging of new channels shall be permitted for private multi-slip facilities. Maintenance dredging of existing channels shall not exceed six (6) feet in depth, measured at mean low water. Dredging shall not occur in FDNR recognized shellfish harvesting or propagation areas; and

9.

The number of berthing slips shall not exceed three (3) per fifty (50) feet of linear shoreline, or two (2) per associated dwelling unit, whichever is less.

(9)

Tennis clubs and beach clubs (special exception).

(a)

Districts requiring special exception approval, (pursuant to the provisions of [section] 971.05): Beach clubs: RM-3 RM-4 RM-6 RM-8 RM-10; tennis facilities: RM-3 RM-4 RM-6 RM-8 RM-10 RMH-6 RMH-8.

(b)

Additional information requirements: A site plan which denotes the location for all existing structures, parking facilities, and the proposed circulation plan, pursuant to the requirements of Chapter 914.

(c)

Criteria for beach clubs and tennis facilities:

1.

No off-street parking or loading areas for buildings and structures shall be located closer than twenty-five (25) feet from any property line abutting a residentially designated property. The minimum setback shall be reduced to fifteen (15) feet when the parking lot is located adjacent to a non-residential use.

2.

All outdoor lighting shall be adequately shielded in order to prevent reflection onto adjacent properties.

3.

Type "C" screening shall be provided on all perimeter boundaries.

4.

All outdoor recreation facilities shall be located a minimum of thirty (30) feet from adjacent residentially designated properties. The minimum setback shall be reduced to fifteen (15) feet when the outdoor recreation facility is located adjacent to a non-residential use.

5.

Type "B" screening shall be provided between outdoor recreation facilities and adjacent residentially designated properties within one hundred (100) feet of adjacent residentially designated properties. Where the tennis club or beach club is located adjacent to an existing cemetery, place of worship, child care facility, adult care facility, community center, school, or other non-residential use, buffer requirements for each use may be combined into a single Type "C" buffer located between the tennis club or beach club and adjacent use. Joint landscape buffers shall be located in a landscape easement approved by the county, with the consent of the adjacent property owner.

(10)

Yacht clubs (special exception).

(a)

Districts requiring special exception approval, (pursuant to the provisions 971.05): RM-3 RM-4 RM-6 RM-8 RM-10.

(b)

Additional information requirements: A site plan which indicates the structures and facilities located on both land and water, including boat slips, and all other requirements of Chapter 914.

(c)

Criteria for yacht clubs:

1.

There shall be no dry docking facilities;

2.

All docks and structures erected over the water shall be on pilings permitting the free flow of water; no bulkhead shall be permitted to extend beyond the established bulkhead line; no such dock shall be allowed to extend into public water such a distance as to interfere with navigation and commerce;

3.

No portion of the site may be used for outside storage or boat repair;

4.

If approval is granted for a marine filling station as an accessory use, the following shall apply:

a.

The facility shall provide for the safe and efficient movement of watercraft;

b.

The facility shall be no closer than thirty (30) feet to any permanent docking facility, or fifty (50) feet to any adjacent residential use or district or designated property.

c.

All receptacles, tanks, or facilities for the storage of combustible products in excess of two hundred-gallon quantities shall be located underground in a fiberglass container and located within all required setbacks. Flammable materials shall be stored in a manner satisfactory to the planning division;

5.

No off-street parking or loading areas for buildings and structures shall be located closer than twenty (20) feet to any property line abutting a residentially designated property;

6.

Type "C" screening shall be provided along all property lines;

7.

No dredging for new canals will be permitted.

(11)

Retreats and camps (special exception).

(a)

Districts requiring special exception approval, (pursuant to the provisions of 971.05): A-1 A-2 A-3 RFD RS-1.

(b)

Additional information requirements:

1.

A site plan meeting all of the requirements of Chapter 914, which shows:

a.

All building, camping and recreation facilities and areas and distances to all property boundaries;

b.

Location, width, composition and a cross-section of all buffer areas;

c.

Location and number of all camping or sleeping areas (maximum number of people accommodated for sleeping in permanent structures);

d.

Drop-off facilities; and

e.

A complete description of all planned uses, activities and programs to occur on site and corresponding hours of operation.

(c)

Criteria for retreats and camps:

1.

The site shall be located on a minimum of twenty-nine (29) acres of property.

2.

No building, camping or recreation facility or area shall be located closer than forty (40) feet of any property line, or closer than seventy-five (75) feet to any property with a residential land use designation, whichever distance is greater. The referenced seventy-five-foot setback may be reduced to thirty-five (35) feet if a Type B buffer with a six-foot opaque feature is provided.

3.

The development of permanent structures that accommodate the sleeping of persons shall be limited as follows: sleeping areas within permanent structures shall not accommodate more than four (4) persons per acre of the total project area less area devoted to camping accommodations.

4.

Drop-off facilities may be required by the public works director where such facilities are deemed necessary to accommodate anticipated traffic operations on site.

5.

Stabilized, unpaved parking and driveway areas may be approved by the board of county commissioners based upon a positive recommendation from the public works director.

6.

Restrictions or limitations on outdoor lighting and location and hours of operation for outdoor activities may be imposed to mitigate potential adverse light and noise impacts on surrounding properties.

(Ord. No. 90-16, § 1, 9-11-90; Ord. No. 91-48, §§ 69, 79, 12-4-91; Ord. No. 94-1, § 3, 1-5-94; Ord. No. 94-25, § 6, 8-31-94; Ord. No. 95-10, § 3, 5-31-95; Ord. No. 2012-020, §§ 12—18, 7-10-12)

(1)

Accessory housing for nightwatchmen. (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:

1.

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;

(2)

Bed and breakfasts (administrative permit and special exception).

(a)

Districts requiring administrative permit approval, (pursuant to the provisions of 971.04): A-1 A-2 A-3 RM-8 RM-10 OCR CN CL.

(b)

Districts requiring special exception approval, (pursuant to the provisions of 971.05): RS-6, RT-6, RM-3 RM-4 RM-6 MED CG.

(c)

Additional information requirements:

1.

Provide a site plan conforming with all requirements of Chapter 914;

2.

Provide a floor plan, signed and sealed by a State of Florida registered architect, showing the location, size and space utilization of each room.

(d)

Criteria for bed and breakfasts:

1.

The site must have frontage on a thoroughfare plan road for administrative permit uses and major or minor arterial roads for special exception uses;

2.

A Type "C" screening must be provided on all boundaries adjacent to residential uses for special exception uses. Type "C" for Administrative permit uses is required;

3.

The project must be designed to maintain residential character;

4.

The number of rentable rooms is determined by multiplying the number of dwelling units permitted on the site by 1.5 persons.

5.

No cooking facilities shall be allowed in guest rooms.

6.

For bed and breakfast establishments involving an historic structure, as defined in the county's historic protection ordinance, the applicant shall establish legal assurances to ensure that the structure(s) will be maintained and preserved with historical integrity.

7.

In non-commercial zoning districts, no restaurant use shall be established; food may be served to guests only.

8.

In non-commercial zoning districts, a maximum of one (1) freestanding sign per thoroughfare plan road frontage is allowed. In addition, each sign shall be limited to a maximum area of six (6) square feet, shall be monument style, shall not be internally illuminated, and shall not contain neon or fiber optic lighting.

Additional criteria for bed and breakfasts proposed within the RT-6 and RS-6 zoning districts:

9.

The project site shall have a minimum size of one (1) acre, and the bed and breakfast may have no more than five (5) rentable guest rooms.

10.

No building, outdoor gathering, or recreational area shall be located closer than thirty (30) feet to a residentially designated property unless a Type "B" buffer with six-foot opaque feature is provided.

11.

The bed and breakfast may be rented and used for a special event (e.g. wedding or party) subject to the owner obtaining from the county planning division a temporary use permit that addresses the number of guests anticipated, adequate parking, and includes limitations on the hours of the special event.

12.

No bed and breakfast shall be allowed within any portion of a subdivision containing any lot platted with an area of less than forty thousand (40,000) square feet.

(3)

Boardinghouses (administrative permit and special exception).

(a)

Districts requiring administrative permit approval, (pursuant to the provisions of 971.04): OCR CN CL.

(b)

Additional information required:

1.

Provide a site plan conforming with all requirements of Chapter 914;

2.

For the purpose of calculating density, one dwelling unit will occur with every 2.66 residents. Thus, the project must be located on a site large enough to conform to the site's Comprehensive Plan land use density or the site's underlying zoning requirements for density, whichever is less;

3.

A Type "C" buffer must be provided on all boundaries adjacent to single-family residential uses;

4.

All boardinghouses which contain more than fifteen (15) residents shall have direct access to a collector or arterial road as designated on county thoroughfare plan.

(4)

Guest cottages and servant quarters (administrative permit: no planning and zoning commission review or approval required is 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 RFD RS-1 RS-2 RS-3 RS-6 RT-6 RM-3 RM-4 RM-6 RM-8 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.

(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 all other information required in Chapter 914.

(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.

(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 landscape materials, and the location of all hospital emergency entrances or exits within five hundred (500) feet of the site.

(c)

Criteria for multiple-family dwellings within a MED district:

1.

All proposed developments shall be subject to the size and dimension criteria for multifamily dwellings 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 within a CN, CL or CG district:

1.

All dwelling units shall be accessory to a permitted use within the applicable zoning district;

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.

(7)

Single-family docks and private observation/fishing piers constructed prior to the construction of a principal single-family dwelling unit (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)

The construction of a single-family dock or private observation/fishing pier 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 use of their waterfront for access to the adjacent waterbody.

(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-6 RT-6 RM-3 RM-4 RM-6 RM-8 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 (not applicable to private observation/fishing piers) 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 to moor watercraft unless such watercraft are owned and registered in the name of the owner of the subject lot. Said agreement shall also state that within three (3) years of the issuance of a dock permit (building permit), a principal dwelling shall be constructed on the single-family lot and a certificate of occupancy (C.O.) shall be issued for the principal dwelling. If the three-year deadline passes without construction and C.O. of the principal dwelling, then use of the dock shall cease immediately and shall not be resumed unless and until a principal dwelling is constructed and C.O.'d. No extension of the three-year deadline shall be granted. Owners of vacant multiple waterfront lots shall be allowed a dock building permit on only one of the vacant lots owned.

2.

Upon determination by the code enforcement board that a violation has occurred, the board shall order the owner to cease use of the dock until the principal dwelling is constructed and a certificate of occupancy (C.O.) is issued for the principal dwelling. The order of the board shall be recorded in the public records of Indian River County;

3.

The dock shall be constructed on pilings so as not to involve filling or dredging other than necessary to install the pilings;

4.

The dock shall not substantially impede the flow of water or create a navigational hazard.

(8)

Subdivisions with special sideyards (administrative permit).

(a)

Districts requiring administrative permit approval, (pursuant to the provisions of 971.04): RS-6.

(b)

Additional information requirements: A developer wishing to undertake special sideyards shall specifically request such approval in conjunction with application for preliminary subdivision plat approval, and shall submit the following additional information, which may include the use of typical drawings:

1.

Designations on the preliminary plat of all special sideyards;

2.

Designation on the preliminary plat of all maintenance and access easements on lots adjoining the special sideyards;

3.

Terms and conditions of all such maintenance and access easements and all applicable setbacks shall be included in covenants and restrictions recorded with the final plat;

4.

Depiction on the preliminary plat of typical building envelopes.

(c)

Criteria for subdivisions with special sideyards: In review of a proposal, the following standards shall apply:

1.

The dwellings shall not be attached;

2.

The sideyard setback requirement may be waived for one of the dwelling's sideyards; however, the other sideyard shall be at least two (2) times the minimum specified in the zoning district regulations;

3.

All front and rear setback requirements shall be satisfied;

4.

To permit access for maintenance, construction, and other purposes, drainage, and any permitted eave or similar encroachment, appropriate easements, restricted for hours of use as necessary, shall be provided;

5.

All subdivisions with special sideyards shall be a minimum of five (5) acres in size;

6.

Normal setbacks shall apply whenever lots abut a property adjacent to the subdivision;

7.

All other district regulations shall be applicable.

(9)

Small lot single-family subdivisions (administrative permit):

(a)

Districts requiring administrative permit approval, (pursuant to the provision of 971.04):

RS-6 RT-6 RM-6 RM-8 RM-10

(b)

Criteria for small lot subdivisions:

1.

The small lot subdivision shall be serviced by centralized water and wastewater.

2.

The gross density of any small lot subdivision shall not exceed the maximum density allowed within the zoning district in which the subdivision is located.

3.

Perimeter lots are those lots which abut or are adjacent to areas not included in the proposed small lot subdivision. Perimeter lots which abut property having a residential or agricultural zoning designation shall:

a.

Conform to the standard applicable size and dimension criteria of the respective zoning district in which the project is located; or

b.

Comply with the following size and dimension criteria:

4.

Interior lots (those determined not to be perimeter lots) and those perimeter lots which abut a property having a commercial/industrial land use designation shall comply with the following size and dimension criteria:

5.

Accessory structures may encroach into required yards as allowed in section 911.15 of the land development regulations.

6.

In lieu of buffering requirements specified in Chapters 911 and 913, the following buffer requirements shall apply to small lot single-family subdivision projects:

A.

Buffers adjacent to collector and arterial roads. A twenty-five-foot wide Type "B" buffer with six-foot opaque feature shall be provided along all perimeters that are adjacent to collector and arterial roads.

B.

Buffers for other perimeters. A ten-foot wide Type "C" buffer with three-foot opaque feature shall be provided along all perimeters that are not adjacent to collector and arterial roads.

C.

The buffer improvement(s) shall be located within a buffer easement(s) or tract(s) as designated on the small lot subdivision plat. Said easement(s) or tract(s) shall be depicted on the final plat and shall be dedicated to the subdivision's property owners' association to ensure maintenance of the buffer improvements. The buffer easement improvement(s) shall be considered a required subdivision improvement and shall be provided in accordance with the provisions of section 913.08 of the land development regulations.

D.

No structure(s), other than those related to buffering, drainage or utilities, shall be located in the buffer easement.

7.

In lieu of the green/recreation space, swale, curbing, and sidewalk requirements of Chapters 911 and 913, the following requirements shall apply:

A.

A minimum seven and one-half (7.5) percent of the total project area shall be provided as green space/recreation space. Said area may consist of preserved wetlands and or native uplands, park space, pools, day-care space, clubhouses, ball-courts, playgrounds, play-field areas, or similar uses approved by the community development director. Said area(s) shall be designed to be conveniently accessible and useable by all project residents.

B.

Sidewalks (minimum four-foot width) shall be provided along both sides of all streets unless an alternative design is approved by the community development director.

C.

The urban service area boundary buffer and wall variation requirements of Chapter 913 shall apply to small lot single-family subdivisions.

8.

Minimum building setbacks as specified in 971.41(9)(b)3. and 4. above, shall be depicted as a residential building envelope on the preliminary plat. Language shall be noted on the final plat to the effect that specially-approved setbacks are in effect on the lots.

9.

Workforce or affordable housing. In exchange for lot size and setback reductions, small lot single-family subdivision projects shall meet the following workforce or affordable housing criteria:

A.

All dwelling unit sales and rent prices shall be restricted for a period of at least ten (10) years from the date of the unit's first sale (closing).

1.

The initial sales price of a small lot subdivision housing unit shall not exceed three and one-half (3½) times the Indian River County annual median household income. Over the ten -year restriction period, the sales price may be increased three (3) percent per year (compounded annually).

2.

Where a small lot subdivision housing unit is rented, the monthly rental price shall not exceed the Indian River County maximum rent by unit type for moderate income as published by the Florida Housing Finance Corporation.

B.

As an option to and in lieu of criterion "A" above, an applicant may propose an alternative to the resale price and appreciation restriction. Any such alternative must ensure that small lot subdivision housing units remain affordable for at least ten (10) years. An alternative to the sales price restriction shall be structured as a deed restriction which shall apply to lots created by the small lot subdivision process. The draft restriction shall be submitted in conjunction with the small lot subdivision preliminary plat application and shall:

• Identify the proposed method of ensuring affordability which may include:

- Rent/price resale restriction

- Buyer income qualification

- Shared equity process

- Other

• Identify appeal/variance procedure or a prohibition of appeals/variances

• Identify a monitoring program which shall be administered by public agencies or private organizations qualified to provide or assist with workforce or affordable housing.

The alternative shall be considered by the planning and zoning commission and evaluated under the above criteria. The PZC is authorized to approve the alternative and attach conditions to ensure that the above criteria are satisfied.

C.

The maximum size of each dwelling unit shall be restricted in perpetuity to one thousand five hundred (1,500) square feet under air.

D.

The restrictions required under items A. or B., and C. above shall be incorporated into deed restrictions, running in favor of the county and any unit buyer or renter, approved by the county attorney and filed in the public records by the project applicant. The sales price restriction shall require county consent of the sales price prior to each closing during the ten-year restriction period. Such consent is authorized to be made by the community development director or his designee.

(10)

Accessory single-family dwelling unit:

(a)

The construction of an accessory dwelling unit on a residentially zoned lot shall be allowed subject to the provisions of this section. The standards and requirements of this section are intended to make available inexpensive dwelling units to meet the needs of older households, single member households, and single parent households. This is in recognition of the fact that housing costs continue to increase, that households continue to decline in size, and that the number of elderly Americans is on the rise.

(b)

Districts requiring administrative permit approval (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 if courtesy sign posting is provided on site prior to staff approval):

(c)

Requirements of this section shall not supersede property owner deed restrictions.

(d)

Additional information required:

1.

A site plan conforming to Chapter 914 requirements.

(e)

Criteria for accessory dwelling units:

1.

Accessory dwelling units shall be located only on lots which satisfy the minimum lot size requirement of the applicable zoning district, with the exception of legal nonconforming lots that are at least seventy-five (75) feet wide and have a minimum lot area of nine thousand seven hundred fifty (9,750) square feet.

2.

Any accessory dwelling unit shall be clearly incidental to the principal dwelling and shall be developed only in conjunction with or after development of the principal dwelling unit.

3.

On lots that are less than two hundred thousand (200,000) square feet in size, not more than one (1) accessory dwelling unit shall be established in conjunction with a principal dwelling unit.

4.

No accessory dwelling unit shall be established in conjunction with a multifamily dwelling unit.

5.

For lots that are one (1) acre in size or less, the heated/cooled gross floor area of the accessory dwelling unit shall not exceed fifty (50) percent of the heated/cooled gross floor area of the principal structure or one thousand (1,000) gross square feet, whichever is less. For lots greater than one (1) acre in size, the heated/closed gross floor area of the accessory dwelling unit shall not exceed fifty (50) percent of the heated/cooled gross floor area of the principal structure or one thousand two hundred (1,200) gross square feet, whichever is less. Existing accessory dwelling units may be enlarged consistent with the above allowances. Any accessory dwelling unit shall be no smaller than three hundred (300) gross square feet of heated/cooled area.

6.

Lots two hundred thousand (200,000) square feet in size or greater may be allowed a second accessory dwelling unit not exceeding six hundred (600) square feet in size.

7.

For lots that are less than two hundred thousand (200,000) square feet in size, detached accessory dwelling units shall be located no farther than seventy-five (75) feet in distance from the principal dwelling unit from the closest point of the principal dwelling unit to the closest point of the accessory dwelling unit. For lots two hundred thousand (200,000) square feet in size or greater, the maximum distance separation shall be one hundred fifty (150) feet measured in the same manner.

8.

Excluding converted garage accessory dwelling units, the accessory dwelling unit shall be designed so that the exterior façade material is similar in appearance to the façade of the existing principal structure.

9.

One (1) off-street parking space shall be provided for each accessory dwelling unit in addition to the minimum spaces required for the principal dwelling unit.

10.

The accessory dwelling unit shall be serviced by centralized water and wastewater, or meet the health department's well and septic tank and drainfield requirements. Modification, expansion or installation of well and/or septic tank facilities to serve the accessory dwelling unit shall be designed in a manner that does not render any adjacent vacant properties "unbuildable" for development when well and/or septic tank facilities would be required to service development on those adjacent properties.

11.

No accessory dwelling unit shall be sold separately from the principal dwelling unit. All accessory dwelling unit and the principal dwelling unit shall be located on a single lot or parcel or on a combination of lots or parcels unified under a recorded unity of title document.

12.

An accessory dwelling unit shall be charged an impact fee based on the lowest appropriate residential unit impact fee category.

13.

Mobile or manufactured homes and recreational vehicles shall not be used as accessory dwelling units. The accessory dwelling unit shall meet the minimum requirements for a dwelling unit in accordance with the Florida Building Code.

14.

All applicable zoning district regulations pertaining to setbacks and lot coverage provisions shall be met.

15.

An accessory dwelling unit shall not be operated as a vacation rental, as defined in Section 901.03. No accessory dwelling unit may be utilized for commercial purposes or may be permitted to obtain a home occupation permit.

(11)

Residential resort (special exception):

(a)

Intent: To provide inwardly focused resort housing, compatible with and similar to multiple family housing in terms of function, designed for resort and vacation stays, and providing on-site amenities and supporting services.

(b)

Districts requiring special exception approval (pursuant to the provisions of 971.05): RM-6. RM-8, RM-10.

(c)

Additional information requirements:

1.

Provide a planned development application and plans conforming with all requirements of Chapter 915 which shows:

a.

All residential structures (including typical floor plans and elevations), number of units, and density;

b.

All accessory structures and uses, and their locations and dimensions;

c.

Location, width, composition and a cross-section of all buffer areas;

d.

Design, location and access to all recreational and natural resource-based amenities.

(d)

Criteria for residential resort use:

1.

The site must have direct access to a collector or arterial roadway as defined and identified in the Traffic Circulation Element of Indian River County's Comprehensive Land Use Plan.

2.

All living units must have cooking facilities and access to on-site laundry facilities.

3.

Each living unit shall constitute a dwelling unit in terms of land use density calculations; the total project dwelling unit density shall not exceed the density allowed in the underlying zoning district.

4.

Accessory uses may include meeting rooms or clubhouses for the exclusive use of the occupants and guests of occupants of the residential resort facility; housekeeping, laundry and maintenance facilities; employee parking; swimming pools; tennis courts and other recreational uses and structures; dining structures or rooms for the use of the occupants of the residential resort. No accessory use shall be established or conducted for the purpose of engaging in a business operation or activity other than to support and provide services and activities to occupants and guests of occupants of the residential resort. The accessory use shall not be operated or promoted in such a manner as to invite the patronage of the general public.

5.

Parking spaces for each unit of resort housing shall be provided consistent with the parking requirements for hotel uses. Adequate parking for accessory structures and uses shall be provided in accordance with applicable Chapter 954 standards.

6.

A Type "A" buffer shall be provided along the boundary of the residential resort site where the site abuts residentially designated property. A Type "B" buffer shall be provided along the perimeter of the residential resort site boundary that is adjacent to public or private road rights-of-way.

7.

The area of the residential resort project shall be a minimum of fifty (50) acres.

8.

No portion of the residential resort project area shall consist of any portion of an existing or approved (e.g. site plan or PD/PRD plan approved) multi-family or single-family residential project.

9.

Residential resort projects shall include property located within a CL or CG zoning district. The ratio of residentially zoned residential resort area to CL or CG zoned area shall not exceed three to one (3:1).

(12)

Limited recreational vehicle spaces in small-scale mobile home rental parks and parks adjacent to I-95 (administrative permit: no planning and zoning commission approval required if associated with a site plan reviewed as an administrative approval or minor site plan):

(a)

Districts requiring administrative permit approval: RMH-6, RMH-8, CL, CG, CH, IL.

(b)

Additional information requirements:

1.

A site plan meeting the requirements of Chapter 914 and depicting the location of existing and proposed mobile home spaces and recreational vehicle spaces.

2.

A calculation showing the total number of legally established mobile home units and recreational vehicle spaces.

3.

Written authorization from the mobile home park owner.

(c)

Criteria for limited recreational vehicles:

1.

The site shall have an MHRP (Mobile Home Rental Park) or C/I (Commercial Industrial) land use designation.

a.

Legal non-conforming mobile home parks of record in existence on September 1, 2011, shall be eligible for recreational vehicle spaces, subject to these regulations. Other non-conforming mobile home parks shall not be eligible for recreational vehicle spaces.

2.

The site shall consist of a mobile home park parcel that was legally established prior to January 1, 2010, and that does not exceed twenty (20) acres in size or is located adjacent to Interstate 95 and west of 90 ^th Avenue.

3.

For purposes of calculating density, each recreational vehicle space shall be treated as a mobile home unit.

4.

The total number of recreational vehicle spaces shall not exceed twenty-five (25) percent of the total number of approved residential units or spaces within the mobile home park or mobile home park parcel that is the subject of the application/request.

5.

The applicant shall demonstrate compliance with Department of Health and Department of Utility Services requirements for providing potable water and sanitary sewer service for the recreational vehicles.

6.

Recreational vehicles shall be located so as to meet setbacks applicable to mobile homes within the mobile home park.

7.

Recreational vehicle spaces shall be rented or leased for periods not less than thirty (30) days.

(13)

Small-scale Traditional Neighborhood Design Projects (TNDs).

(a)

Districts requiring administrative permit approval: RM-3, RM-4, RM-6, RM-8, RM-10 (no approval through the Planned Development process required)

(b)

Additional informational requirements.

1.

A site plan meeting the requirements of Chapter 914 and demonstrating compliance with applicable requirements of section 915.21 (Traditional Neighborhood Design standards).

(c)

Criteria for small-scale TNDs:

1.

The project site shall have an area of less than forty (40) acres.

2.

The project shall satisfy the TND standards of Section 915.21, with the exception of the TND minimum site area requirement.

3.

The project shall satisfy the design guideline requirements of subsection 915.13(5).

4.

The project shall satisfy the planned development compatibility standards of Section 915.16.

(Ord. No. 90-16, § 1, 9-11-90; Ord. No. 91-7, §§ 26, 27, 2-27-91; Ord. No. 91-48, §§ 83, 84, 12-4-91; Ord. No. 92-39, §§ 32, 33, 9-29-92; Ord. No. 93-8, § 2, 3-18-93; Ord. No. 93-29, §§ 1A, 5K, 9-7-93; Ord. No. 95-10, §§ 15G—15K, 5-31-95; Ord. No. 96-24, § 4, 12-17-96; Ord. No. 98-9, § 2C, 5-19-98; Ord. No. 2000-004, § 2E, 2-15-00; Ord. No. 2006-015, § 2, 5-16-06; Ord. No. 2006-024, § 1, 8-22-06; Ord. No. 2012-020, §§ 19—21, 7-10-12; Ord. No. 2016-010, § 1, 9-20-16; Ord. No. 2018-006, § 5, 3-13-18; Ord. No. 2022-010, § 1, 7-5-22)

(1)

Auction facilities, unenclosed (administrative permit).

(a)

Districts requiring administrative permit approval, (pursuant to the provisions of 971.04): CH IL.

(b)

Additional information requirements:

1.

Provide a site plan conforming with the requirements of Chapter 914;

2.

For all properties located within five hundred (500) feet of the site, list the land use and zoning designations and depict the traffic circulation plan for those properties.

(c)

Criteria for auction facilities:

1.

No unenclosed facility shall be located within one hundred (100) feet of a residential use or a residentially zoned area;

2.

Where within five hundred (500) feet of a residential use or residentially zoned area, hours of operation shall be limited to the hours of 8:00 a.m. to 9:00 p.m.

(2)

Department store, furniture and appliance sales, showroom or catalog stores and variety store (administrative permit).

(a)

Districts requiring administrative permit approval, (pursuant to the provisions of 971.04): CL.

(b)

Additional information requirements:

1.

Provide a site plan which meets the requirements specified in Chapter 914;

2.

For all properties located within five hundred (500) feet of the site, list the land use and zoning designations and depict the traffic circulation plan for those properties.

(c)

Criteria for department stores, furniture and appliance sales, showroom or catalog stores, and variety store:

1.

The total gross floor area of such establishments shall not exceed forty thousand (40,000) square feet;

2.

Type "B" screening, as defined in Chapter 926, must be provided along all property boundaries abutting a residential use or residentially zoned area.

(3)

Drug stores (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 if courtesy sign posting is provided on site prior to staff approval).

(a)

Districts requiring administrative permit approval, (pursuant to the provisions of 971.04): CN OCR.

(b)

Criteria for drug stores:

1.

The facility must not exceed three thousand (3,000) square feet in gross floor area.

(4)

Flea market (administrative permit).

(a)

Districts requiring administrative permit approval, (pursuant to the provisions of 971.04): CH IL.

(b)

Additional information requirements:

1.

Provide a site plan which meets the requirements specified in Chapter 914;

2.

For all properties located within five hundred (500) feet of the site, list the land use and zoning designations and depict the traffic circulation plan for those properties;

3.

Depict the project's proposed vehicular and pedestrian circulation systems on the required site plan.

(c)

Criteria for flea markets:

1.

No site shall be located within one hundred (100) feet of a residential use or residentially zoned area;

2.

Adequate separation of vehicular and pedestrian circulation systems shall be provided;

3.

All off-street parking and loading areas shall have paved surfaces which meet the standards of Chapter 954;

4.

Where within five hundred (500) feet of a residential use or residentially zoned area, hours of operation shall be limited to the hours of 8:00 a.m. to 9:00 p.m.

5.

Type "B" screening, as defined in Chapter 926, must be provided along all property boundaries abutting a residential use or residentially zoned area.

(5)

Small-scale home furnishings showrooms (excluding furniture and major appliances) (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)

District requiring administrative permit approval (pursuant to the provisions of 971.04): OCR.

(b)

Additional information requirements: A site plan meeting the requirements of Chapter 914 and demonstrating compliance with the Chapter 954 requirements for furniture, carpet, and major appliance stores display area (showroom).

(c)

Criteria for small-scale home furnishings showrooms:

1.

Building area containing a small-scale home furnishings showroom use shall not exceed five thousand (5,000) square feet in size.

2.

"Carry-out" retail stores, merchandise distribution, manufacture or assembly of products, merchandise storage or warehousing, loading docks, and loading areas are prohibited.

3.

A Type "C" buffer with a six-foot opaque feature shall be provided between the showroom site and abutting residential uses, including residential uses separated from the showroom site by a local road.

(Ord. No. 90-16, § 1, 9-11-90; Ord. No. 91-48, § 70, 12-4-91; Ord. No. 2003-004, § 2, 2-4-03; Ord. No. 2018-006, § 6, 3-13-18)

(1)

Airports and airstrips (special exception).

(a)

Districts requiring special exception approval, (pursuant to the provisions of 971.05): A-1 A-2 A-3 RFD IL IG.

(b)

Additional information requirements:

1.

A configuration diagram showing the layout of runways, taxiways, approach zones, and overrun areas;

2.

Isosonic contours showing the effects of aircraft operations upon land within one mile of the boundary of the proposed site;

3.

The number and type of aircraft proposed to be stored including storage areas for aircraft, fuel and motor vehicles and service areas for aircraft;

4.

Proposed methods for the provision of fire and rescue services shall be provided, and a letter from the appropriate agencies stating that services are available and adequate to protect the proposed facility shall be submitted;

5.

All land uses within the final approach zones of the facility shall be identified;

6.

Certification that all Federal Aviation Administration (FAA) and state standards and requirements have been met shall be provided;

7.

A site plan, pursuant to the requirements of Chapter 914.

(c)

Criteria for airports and airstrips:

1.

Evidence shall be furnished of the acquisition of property for air rights over all land at the ends of all runways where the required glide path of aircraft for the class of the airport is thirty-five (35) feet or less elevation from the ground;

2.

All buildings and structures except for hangars and garages shall be at least thirty (30) feet from the property line;

3.

All airport drives and parking areas shall have a paved surface pursuant to Chapter 954. This shall not apply to airstrips;

4.

All applicable FAA and state regulations shall be met;

5.

Letters from appropriate fire and rescue agencies shall be submitted ensuring that protective services can be provided at an adequate level.

(2)

Heliports and helipads (special exception).

(a)

Districts requiring special exception approval, (pursuant to the provisions of 971.05): MED CG IL IG.

(b)

Additional information requirements:

1.

A site plan showing the location of all take-off and landing areas, approach zones, all zoning designations within one thousand (1,000) feet of the proposed site, and the location of any storage and service areas;

2.

The number and specifications of all aircraft to be using the facilities;

3.

All land uses within the approach zones shall be identified;

4.

FAA Form No. 3480, "Notice of Landing Area Proposal," or subsequent updated form shall be completed and approved for all heliports and helipads;

5.

Certification that all applicable Federal Aviation Administration (FAA) and state standards and requirements have been satisfied shall be provided.

(c)

Criteria for heliports and helipads:

1.

All heliports and helipads shall be designed in conformance with the standards set forth in FAA advisory circular 150/5390-IB or subsequently updated standards;

2.

All helipads or heliport landing and take-off areas shall be so located as to provide clearance from all obstructions above rotor height for a distance of twenty-five (25) feet in each direction from the helipads and landing and take-off areas;

3.

If proposed on a rooftop, a signed and sealed letter from a professional engineer stating that the structure can adequately handle helicopter traffic and landings shall accompany the application;

4.

No heliport or helipad shall be located within five hundred (500) feet of any residential zoning district or within one thousand (1,000) feet of any school site;

5.

All take-off and landing areas and any terminal or service areas shall be paved with a dustproof material.

(Ord. No. 90-16, § 1, 9-11-90; Ord. No. 91-48, § 71, 12-4-91)

(1)

Non-wireless commercial communications towers seventy (70) feet or more in height (administrative permit and special exception). NOTE: Wireless facilities are regulated under section 971.44(5).

The intent of these regulations is to reasonably accommodate telecommunications needs in a non-discriminatory and competitive neutral manner while ensuring safety, appropriate locations of communications towers and antennas, avoiding an unnecessary proliferation of new tower sites, and minimizing negative aesthetic impacts of communications towers and antennas.

Additions (such as antennas or support structures) to existing, legal nonconforming communications towers shall not require special exception use approval unless such additions result in an increase in the original tower height by ten (10) percent or more, as referenced in section 971.05(3), and the increased height requires special exception use approval under the requirements of this section. Where no special exception use approval is required, staff level approval may be granted. (Note: see section 901.03 definition of "communications tower" for limitations applicable to utility poles.)

(a)

Camouflaged commercial communications towers seventy (70) feet to one hundred fifty (150) feet tall: administrative permit use approval is required: no planning and zoning commission review or approval required if associated with a site plan reviewed as an administrative approval or minor site plan. Criteria 2, 4, and 7 as specified in subsection (g) below must be satisfied for approval of any application. Applies in all zoning districts.

(b)

Monopole commercial communications towers seventy (70) feet to one hundred fifty (150) feet tall, structurally designed and built to accommodate at least two (2) users: administrative permit use approval is required. Criteria 1, 2, 4, and 7 as specified in subsection (g) below must be satisfied for approval of any application. Applies in the following districts: A-1, A-2, A-3, PRO, OCR, MED, CL, CG, CH, IL, IG, Con-1, Con-2, and Con-3.

(c)

Commercial communications towers seventy (70) feet to one hundred fifty (150) feet tall not camouflaged and not monopole (with minimum structural capacity for two (2) users):

1.

Within one mile of urban service area: special exception use approval is required. Criteria 1—16 as specified in subsection (g) below must be satisfied for approval of any application. Applies in the following districts: A-1, A-2, A-3, Con-1, PRO, OCR, MED, CN, CL, CG, CH, IL, and IG.

2.

More than one mile from urban service area: administrative permit use approval is required. Criteria 1—16 as specified in subsection (g) below must be satisfied for approval of any application. Applies in the following districts: A-1, A-2, A-3, and Con-1.

(d)

All commercial communications towers one hundred fifty (150) feet* and taller: special exception use approval is required. Criteria 1—17, as specified in subsection (g) below must be satisfied for approval of any application. Applies in the following districts: A-2, A-3, Con-1, IL, and IG.

(e)

Non-conforming commercial towers may be replaced with a new tower that does not meet the setback standards of criteria (g)1. below if: the degree of setback non-conformity is not increased, the tower is designed for and used by multiple users, and the applicable approval procedures and criteria for the type of tower specified in (a)—(d) above are satisfied.

1.

Commercial communications towers over seventy (70) feet tall may be approved as a special exception use on a publicly owned site in any zoning district, subject to satisfying criteria 1—17 of subsection (g) below, and subject to the following:

a.

The site shall be twenty (20) acres or larger in size, and

b.

The proposed tower shall be set back from the nearest boundary of developable private property a distance equal to three hundred (300) percent of the tower height.

(f)

Additional information requirements:

1.

Documentation of the possession of any required license by any federal, state or local agency;

2.

A site plan, pursuant to the requirements of Chapter 914;

3.

A map showing the distance from the proposed tower to the closest towers over seventy (70) feet in height located north, south, east, and west of the proposed tower.

4.

Information on how fair market value rates will be determined and applied to other potential users for leasing/renting space on the proposed tower.

5.

Additional requirements relating to towers may also be found in Chapters 911, 912, and 917.

(g)

The following criteria must be used for administrative permit and special exception uses, as previously specified:

1.

All towers not related to amateur radio communications use and not constituting a "camouflaged commercial communications tower" shall have setbacks from all property lines or boundaries of development sites (areas of development) involving more than one property equal to one hundred (100) feet or one hundred (100) percent of the tower height, whichever is greater. In addition, the application shall demonstrate that the tower is to be located a distance more than equal to three hundred (300) percent of the tower height from the nearest residential dwelling (existing or under construction). Said distance shall be measured from the closest point of the tower structure to the closest point of the dwelling.

Towers constituting a "camouflaged commercial communications tower" need satisfy only the building setbacks for the type of structure used or simulated.

2.

Towers shall be designed and constructed according to applicable building code wind-loading requirements.

3.

The distance of any guy anchorage or similar device shall be at least five (5) feet from any property line.

4.

All accessory structures shall be subject to the height restrictions provided in Accessory uses, Chapter 917. Accessory buildings and shelters shall meet the requirements of section 917.06(8)(D).

5.

If more than two hundred twenty (220) voltage is necessary for the operation of the facility and is present in a ground grid or in the tower, signs located every twenty (20) feet and attached to the fence or wall shall display in large, bold, high contrast letters (minimum height of each letter: four (4) inches) the following: "HIGH VOLTAGE - DANGER."

6.

No equipment, mobile or immobile, which is not used in direct support of the transmission or relay facility shall be stored or parked on the tower site area of development unless repairs to the facility are being made (applies only on A-1, A-2, or A-3 zoned property).

7.

No tower shall be permitted to encroach into or through any established public or private airport approach path as provided in the airport height limitations. All proposed towers shall satisfy the airport zoning ordinance requirements.

8.

Suitable protective anti-climb fencing (e.g. eight-foot fencing with barbed wire) and a landscape planting screening shall be provided and maintained around the structure and accessory attachments. One canopy tree (minimum height of twelve (12) feet with six-foot spread at time of planting) and two (2) understory trees (minimum height of eight (8) feet at time of planting) shall be provided for every thirty (30) feet of the tower base/accessory structures' fenced perimeter. Credit shall be given for existing tree located between the tower base perimeter and adjacent areas that are being buffered. The required trees shall be planted in a pattern to maximize screening of the base area of the tower from the view of adjacent road rights-of-way and adjacent residentially designated or residentially used properties, without conflicting with any guy wires. Trees credited or planted to meet this screening requirement shall be located on property under the control of the applicant to ensure that the screening trees are preserved and maintained.

9.

All towers shall submit a conceptual tower lighting plan. Louvers or shields may be required as necessary to keep light from shining down on surrounding properties. Where lighting is required by a government agency, dual (day/night) lighting must be used unless otherwise directed by other agencies.

10.

For special exception use requests for towers in the urban service area, all property owners within six hundred (600) feet of the property boundary shall receive written notice via certified mail. For towers outside the urban service area, all property owners within one-half (½) mile of the tower site shall be notified, as follows: certified mail to owners of property within the first six hundred (600) feet, regular mail to the remainder.

11.

Applicants shall justify in writing why no other existing tower or other potential collocation facility within the "accepted search area," as defined below, could be used to meet the applicant's transmitting/receiving needs. An application may be denied if the justification does not show the use or an existing tower or potential collocation facility within the "accepted search area" is not feasible. The written justification shall include the following:

(a)

A scaled map showing the "acceptable search area." Said area shall be one hundred fifty (150) percent of the search area radius of the proposed facility, which shall be demonstrated based on radio-frequency information (including field data) and specifications, antenna height, terrain, and proposed telecommunications service.

(b)

Said scaled map (see (a), above), shall show the location, height, and users of the following: existing, approved, and proposed tower sites and potential collocation sites (e.g. transmission pole corridors, ballfield lighting facilities, steeples, water towers, silos, and other tall structures).

(c)

A countywide map showing the general location of the applicant's existing facilities and tentative five-year location plan for future facilities.

(d)

For each existing, approved, and proposed facility mapped under (b), above, a written explanation of why such facility cannot be used. Justifiable reasons may include owner rejection. Reasons given that involve inadequate height, inadequate space or structural capacity and radio-frequency interference shall include an explanation of why structural modifications that could overcome such problems are not feasible; any such reasons shall be reviewed by a county engineering consultant, as referenced in (e) and (f) below.

(e)

Submittal of a fee established by resolution of the board of county commissioners, separate from site plan and special exception review fees, to cover the county's costs of hiring an engineering consultant to review the written justification, where a county consultant review is required under subsection (d), above.

(f)

Within ten (10) working days of receiving a written justification that requires county consultant review, the county's engineering consultant shall submit to county staff written comments regarding the applicant's justification and reasons.

Prior to scheduling the tower application for planning and zoning commission consideration, the county shall obtain from a hired engineering consultant review comments on the applicant's justification. The county's consultant shall present said comments to the planning and zoning commission, (and to the board of county commissioners for applications to be considered by the board), and said comments and presentation shall be considered in the county's decision on the tower application.

12.

Applicants shall provide notice of the proposed tower to potential users.

(a)

At least forty-five (45) days prior to planning and zoning commission consideration of an application, the applicant shall send a notice by certified mail to all known potential tower uses, as specified by the planning division. Said notice shall provide tower technical specifications, location, height, and an invitation to respond within twenty (20) days to both the applicant and planning division if co-use of the tower is desired. Said notice shall also include the phone number, facsimile number, and address of the applicant's contact person and the planning division. Respondents shall provide the applicant and the planning division with the name and phone number of a contact person who has authority to negotiate co-location arrangements. "Technical tower specification" shall include the following:

• Structural capacity characteristics of the tower

• Output frequency and modulation characteristics of all proposed users

• Manufacturer, type, model number, radiation diagram, and manufacturers specifications of all proposed antennas

• Site elevation and antenna height range (maximum and minimum heights above ground level)

• A lit of proposed accessory buildings and available equipment space on-site or within proposed buildings

(b)

Within fifteen (15) days of receiving a timely response from an interested potential co-user, the applicant shall inform the respondent and the planning division in writing as to whether or not the co-use is acceptable and under what conditions. If the co-use is not acceptable, then the applicant must provide the respondent and the planning division written justification as to why the co-use is not feasible.

13.

Towers shall be designed to accommodate multiple users, as follows:

• Lattice towers shall be engineered and constructed to accommodate a minimum of three (3) users.

• Monopole towers may be engineered and constructed to accommodate a single user.

• Camouflaged towers may be engineered and constructed to accommodate a single user.

14.

A condition of approval for any tower application shall be that the tower shall be available, at market rate costs, for other parties and interests. This shall be acknowledged in a written agreement between the applicant and the county, on a form acceptable to the county, that will run with the land. Said notice shall be recorded in the Indian River County public records, at the applicant's expense.

15.

If the use of a non-camouflaged tower is abandoned for more than twelve (12) consecutive months, then the tower shall be dismantled and removed from the site.

(a)

Prior to release of an approved tower site plan, the property owner shall acknowledge in writing, in a manner acceptable to the county attorney's office, his or her responsibilities as the property owner to perform or contract to perform and pay all costs associated with dismantling and properly removing and disposing of an abandoned tower.

16.

Except where superseded by applicable state or federal regulations, non-camouflaged towers shall be painted or constructed in neutral color (e.g. non-contrasting gray or blue) to blend into the surrounding environment.

17.

Except for the exemptions cited below, non-camouflaged towers over one hundred fifty (150) feet tall shall be separated as follows:

a.

Proposed lattice towers over one hundred fifty (150) feet in height shall be separated a distance of at least five thousand (5,000) feet from existing or approved lattice towers over one hundred fifty (150) feet in height, and at least one thousand five hundred (1,500) feet from existing or approved non-lattice towers (over one hundred fifty (150) feet in height).

b.

Proposed non-lattice towers over one hundred fifty (150) feet in height shall be separated a distance of at least one thousand five hundred (1,500) feet from existing and approved non-camouflaged towers over one hundred fifty (150) feet in height.

Exemptions.

Tower applications shall be exempt from the separation distance requirements specified above, as follows:

(1)

Where the tower is proposed to be located more than two thousand five hundred (2,500) feet from any public road and form any existing residence; or

(2)

Where the applicant can demonstrate that applying the separation distance criteria to his or her application would result in a net increase in the number of communications towers needed.

(3)

Where the tower is proposed to be clustered with another tower(s) by being located no more than two hundred (200) feet from the tower(s) within the cluster.

(2)

Utilities, public and private; heavy (special exception).

(a)

Districts requiring special exception approval, (pursuant to the provisions of 971.05): A-1 A-2 A-3 RFD RS-1 RS-2 RS-3 RS-6 RT-6 RM-3 RM-4 RM-6 RM-8 RM-10 RMH-6 RMH-8 CH IL IG.

(b)

Additional information requirements:

1.

A site plan showing the proposed utility site, pursuant to the requirements of Chapter 914;

2.

A plan of the utility system, showing how the proposed facility will connect with any existing utility system;

3.

A statement shall be submitted which explains the function of the proposed utility and its consistency with the goals objectives and policies of the Indian River County Comprehensive Plan;

4.

A statement identifying any radioactive, toxic or other hazardous wastes which may be generated or utilized on the premises.

(c)

Criteria for utilities, public and private—heavy:

1.

See Chapter 901 for definition of utilities, public and private—heavy;

2.

Any power generation facility shall be consistent with the provisions of the Florida Electrical Power Plan Citing Act, Chapter 23, Section 23.09191 F.S;

3.

All below-ground high voltage cables within a utility right-of-way shall be made known to the public through the use of signs posted therein;

4.

The disposal of all waste, gaseous, liquid or solid, shall comply with all federal, state and local laws;

5.

Between all above-ground facilities, (except distribution and collection facilities) and adjacent properties having a residential land use designation, a Type "A" buffer (reduce to "B" buffer where abutting a local roadway, reduce to "C" buffer where abutting a Thoroughfare Plan roadway) (with six-foot opaque screening) as specified in Chapter 926, Landscaping shall be provided;

6.

In all zoning districts except the industrial districts, all equipment, machinery, and facilities which cannot, by their size or nature, be located within an enclosed building shall be separated from adjacent properties having a residential land use designation by a Type "C" buffer (with six-foot opaque screening) as specified in Chapter 926, Landscaping;

7.

Driveways located in close proximity to adjacent properties having a residential land use designation shall provide a six-foot opaque screening between the driveway and adjacent property. An eight-foot opaque screen may be required if deemed necessary to mitigate noise and visual impacts.

Note: Where more than one buffer and/or screening requirement can be adequately provided together in one buffer area, the board of county commissioners may approve plans to allow the buffer/screening requirements to "overlap."

(3)

Utilities, public and private; limited (administrative permit and special exception).

(a)

Districts requiring administrative permit approval, (pursuant to the provisions of 971.04): RMH-6 RMH-8 OCR MED CN CL CG CH A-1 A-2 A-3.

(b)

Districts requiring special exception approval, (pursuant to the provisions of 971.05): RFD RS-1 RS-2 RS-3 RS-6 RT-6 R-BCID ROSE-4 RM-3 RM-4 RM-6 RM-8 RM-10 AIR-1 CRVP.

(c)

Additional information requirements:

1.

A site plan showing the proposed utility system together with the major components of the existing utility system within the county, of which the proposed system will be an integral part, pursuant to the requirements of Chapter 914;

2.

A statement shall be submitted which explains the function of the proposed improvement and its consistency with an overall utility system plan, as well as the comprehensive plan.

(d)

Criteria for utilities, public and private—limited:

1.

See Chapter 901 for definition of utilities, public and private—limited;

2.

Between all above-ground facilities (except distribution and collection facilities) and adjacent property having a residential land use designation a Type "B" buffer (reduce to Type "C" where abutting a local or thoroughfare plan roadway) with six-foot opaque screening as specified in Chapter 926, Landscaping, shall be provided;

3.

All below-ground high voltage cables within a utility right-of-way shall be made known to the public through the use of signs posted therein;

4.

In all zoning districts except the industrial districts, all equipment, machinery and facilities which cannot by their size or nature be located within an enclosed building shall be separated from adjacent properties having a residential land use designation by a Type "C" buffer (with six-foot opaque screening) as specified in Chapter 926, Landscaping;

5.

Driveways located in close proximity to adjacent properties having a residential land use designation shall provide a six-foot opaque screening between the driveway and adjacent property. An eight-foot opaque screen may be required if deemed necessary to mitigate noise and visual impacts.

Note: Where more than one buffer and/or screening requirement can be adequately provided together in one buffer area, the Board of County Commissioners may approve plans to allow the buffer/screening requirements to "overlap."

(4)

Amateur radio communications towers over eighty (80) feet.

(a)

Districts requiring special exception use approval: A-1, A-2, A-3, RFD, RS-1, RS-2, RS-3, RS-6, RT-6, RM-3, RM-4, RM-6, RM-8, RM-10, RMH-6, RMH-8, PRO, OCR, MED, CN, CL, CG, CH, IL, IG, Con-2, Con-3, R-BCID, ROSE-4, and AIR-1.

(b)

Information requirements:

1.

Site plan application in accordance with the site plan ordinance (Chapter 914).

2.

Applicant's copy of current, valid FCC license for amateur radio operation.

3.

Site plan sketch showing all proposed structures (e.g. support structures, anchorage) and setbacks from such structures to property boundaries.

(c)

Criteria for amateur radio towers over eighty (80) feet:

1.

Said tower shall be accessory to a legal, principal use on site (e.g. residence).

2.

Structures, including towers, shall meet the setback requirements delineated in Chapter 917, Accessory Uses and Structures.

3.

Applicant shall commit in writing that the tower will be erected in accordance with manufacturer's recommendations.

4.

If more than two hundred twenty (220) voltage is present in the ground grid or in the tower, a sign shall be attached to the tower and shall display in large bold letters the following: "HIGH VOLTAGE—DANGER."

5.

No tower shall be permitted to encroach into or through any established public or private airport approach path as provided in the airport height limitations. All proposed towers shall satisfy the airport zoning ordinance requirements.

6.

All towers shall submit a conceptual tower lighting plan. Louvers or shields may be required as necessary to keep light from shining down on surrounding properties. Where lighting is required by a government agency, dual (day/night) lighting must be used unless otherwise directed by other agencies.

(5)

Wireless commercial communications facilities (staff-level approval, administrative permit, and special exception).

Sec. 1. Purpose and intent and siting alternatives hierarchy. The purpose and intent of these regulations are to:

(a)

Promote the health, safety and general welfare of the public by regulating the siting of wireless communication facilities, including satellite earth stations; and

(b)

Minimize the impacts of wireless communication facilities on surrounding areas by establishing standards for location, structural integrity and compatibility; and

(c)

Encourage the location and collocation of wireless communication equipment on existing structures thereby minimizing new visual, aesthetic and public safety impacts, effects upon the natural environment and wildlife, and to reduce the need for additional antenna-supporting structures; and

(d)

Accommodate the growing need and demand for wireless communication services; and

(e)

Encourage coordination between suppliers of wireless communication services in Indian River County; and

(f)

Respond to the policies embodied in the Telecommunications Act of 1996 in such a manner as not to unreasonably discriminate between providers of functionally equivalent personal wireless service or to prohibit or have the effect of prohibiting personal wireless service in the county, and

(g)

Establish predictable and balanced regulations governing the construction and location of wireless communications facilities, within the confines of permissible local regulation, and

(h)

Establish review procedures to ensure that applications for wireless communications facilities are reviewed and acted upon within a reasonable period of time.

(i)

Encourage the construction of new wireless communications facilities in accordance with the Indian River County Wireless Facilities Master Plan.

Siting of a wireless communications facility shall be in accordance with the following siting alternatives hierarchy:

1.

Facilities to be located in areas identified in the wireless facility master plan.

a.

Collocation on existing antenna supporting structure;

b.

Attached wireless communications facility;

c.

Replacement of existing antenna support structure;

d.

Stealth wireless communications facility;

e.

New antenna support structure;

f.

The order of ranking, from highest to lowest, shall be a., b., c., d. and e. Where a lower ranked alternative is proposed, the applicant must file an affidavit demonstrating that despite diligent efforts to adhere to the established hierarchy within the Geographic Search Area, as determined by a qualified radio frequency engineer, higher ranked options are not feasible. Notwithstanding the foregoing, any facility to be located on county owned property identified in the wireless facility master plan shall be a stealth wireless communications facility.

2.

Facilities not located in areas not identified in the wireless facility master plan.

a.

Collocation on existing antenna supporting structure;

b.

Attached wireless communications facility;

c.

Replacement of existing antenna support structure;

d.

Stealth wireless communications facility;

e.

New antenna support structure;

f.

The order of ranking, from highest to lowest, shall be a., b., c., d. and e. Where a lower ranked alternative is proposed, the applicant must file an affidavit demonstrating that despite diligent efforts to adhere to the established hierarchy within the geographic search area, as determined by a qualified radio frequency engineer, higher ranked options are not feasible.

Sec. 2. Definitions. For the purposes of this division, the terms and phrases listed below shall have the following meanings:

(A-1)

Ancillary structures means forms of development associated with a wireless communications facility, including but not limited to: foundations, concrete slabs on grade, guy wire anchors, generators, and transmission cable supports; however, specifically excluding equipment enclosures.

(A-2)

Anti-climbing device means a piece or pieces of equipment which are either attached to antenna-supporting structure, or which are free-standing and are designed to prevent people from climbing the structure. These devices may include but are not limited to fine mesh wrap around structure legs, "squirrel-cones," the removal of climbing pegs on monopole structures, or other approved devices, but excluding the use of barbed wire.

(A-3)

Antenna means any apparatus designed for the transmitting and/or receiving of electromagnetic waves that includes but is not limited to telephonic, radio or television communications. Types of antennas include, but are not limited to: omni-directional (whip) antennas, sectorized (panel) antennas, multi or single bay (FM & TV), yagi, or parabolic (dish) antennas.

(A-4)

Antenna array means a single or group of antennas and their associated mounting hardware, transmission lines, or other appurtenances which share a common attachment device such as a mounting frame or mounting support.

(A-5)

Antenna-supporting structure means a vertical projection composed of metal, wood, or other substance with or without a foundation that is for the express purpose of accommodating antennas at a desired height above grade. Antenna-supporting structures do not include any device used to attach antennas to an existing building, unless the device extends above the highest point of the building by more than twenty (20) feet.

(A-6)

Attached wireless communication facility means an antenna or antenna array that is attached to an existing building with any accompanying pole or device which attaches it to the building, transmission cables, and an equipment enclosure, which may be located either inside or outside of the existing building. An attached wireless communications facility is considered to be an accessory use to the existing principal use on a site.

(B-1)

Breakpoint technology means the engineering design of a monopole wherein a specified point on the monopole is designed to have stresses at least five (5) percent greater than any other point along the monopole, including the anchor bolts and baseplate, so that in the event of a weather induced failure of the monopole, the failure will occur at the breakpoint rather than at the baseplate or any other point on the monopole.

(C-1)

Colocation means a situation in which two (2) or more different wireless communication service providers place wireless communication antenna or antennas on a common antenna-supporting structure. The term colocation shall not be applied to a situation where two (2) or more wireless communications service providers independently place equipment on an existing building.

(C-2)

Conical zone means an area that extends outward from the outer edge of the horizontal zone with a radius distance equivalent to five thousand two hundred eighty (5,280) feet.

(D-1)

Development area means the area occupied by a wireless communications facility including areas inside or under the following: an antenna-supporting structure's framework, equipment enclosures, ancillary structures, and access ways.

(E-1)

Equipment enclosure means any structure above the base flood elevation including: cabinets, shelters (pre-fabricated or otherwise), pedestals, and other similar structures. Equipment enclosures are used exclusively to contain radio or other equipment necessary for the transmission or reception of wireless communication signals and not for the storage of equipment nor as habitable space.

(F-1)

FAA means the Federal Aviation Administration.

(F-2)

FCC means the Federal Communications Commission.

(G-1)

Guyed means a style of antenna-supporting structure consisting of a single truss assembly composed of sections with bracing incorporated. The sections are attached to each other, and the assembly is attached to a foundation and supported by a series of guy wires that are connected to anchors placed in the ground or on a building.

(G-2)

Glide path means a ratio equation used for the purposes of limiting the overall height of vertical projections in the vicinity of private airports. The ratio limits each foot of height for a vertical projection based upon a horizontal distance measurement.

(G-3)

Geographic search area means an area designated by a wireless provider or operator for a new base station facility, produced in accordance with generally accepted principles of wireless engineering.

(H-1)

Horizontal zone means an area longitudinally centered on the perimeter of a private airport's runway that extends outward from the edge of the primary surface a distance equivalent to five thousand two hundred and eighty (5,280) feet.

(L-1)

Lattice means a style of antenna-supporting structure that consists of vertical and horizontal supports with multiple legs and cross-bracing, and metal crossed strips or bars to support antennas.

(L-2)

Least visually obtrusive means a proposed facility that is designed to present a visual profile that is the minimum profile necessary for the facility to properly function.

(M-1)

Monopole means a style of free-standing antenna-supporting structure that is composed of a single shaft usually composed of two (2) or more hollow sections that are in turn attached to a foundation. This type of antenna-supporting structure is designed to support itself without the use of guy wires or other stabilization devices. These structures are mounted to a foundation that rests on or in the ground or on a building's roof.

(P-1)

Personal wireless service means commercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services, as defined in the Telecommunications Act of 1996.

(P-2)

Primary surface means the area extending a distance of fifty (50) feet to both sides of the centerline of a private airport's runway, and running the distance of the runway.

(P-3)

Public antenna-supporting structure means an antenna-supporting structure, appurtenances, equipment enclosures, and all associated ancillary structures used by a public body or public utility for the purposes of transmission and/or reception of wireless communication signals associated with but not limited to: public education, parks and recreation, fire and police protection, public works, and general government.

(R-1)

Radio frequency emissions means any electromagnetic radiation or other communications signal emitted from an antenna or antenna-related equipment on the ground, antenna-supporting structure, building, or other vertical projection.

(R-2)

Replacement means the construction of a new antenna-supporting structure built to replace an existing antenna-supporting structure.

(S-1)

Satellite earth station means a single or group of satellite parabolic (or dish) antennas. These dishes are mounted to a supporting device that may be a pole or truss assembly attached to a foundation in the ground, or in some other configuration. A satellite earth station may include the associated separate equipment enclosures necessary for the transmission or reception of wireless communications signals with satellites.

(S-2)

State of the art as used herein shall mean existing technology where the level of facilities, technical performance, capacity, equipment, components and service are equal to that developed and demonstrated to be more technologically advanced than generally available for comparable service in the State of Florida. (and type accepted by the FCC) (for example, a combining system of antennas wherein different providers utilize the same set of antenna elements to transmit separate signals). It shall also mean a facility which presents the least visually obtrusive profile given the proposed location, topography, adjacent structures and size of the proposed facility.

(S-3)

Stealth wireless communications facility means a wireless communications facility, ancillary structure, or equipment enclosure that is not readily identifiable as such, and is designed to blend into its surroundings and be aesthetically compatible with existing and proposed uses on a site and the surrounding area. A stealth facility may have a secondary function. Examples of stealth facilities include, but are not limited to the following: church steeple, bell tower, spire, clock tower, cupola, light standard, flagpole with a flag, or tree.

(W-1)

Wireless communications means any personal wireless service, which includes but is not limited to, cellular, personal communication services (PCS), specialized mobile radio (SMR), enhanced specialized mobile radio (ESMR), and paging.

(W-2)

Wireless communication facility (WCF) means any staffed or unstaffed commercial facility for the transmission and/or reception of radio frequency signals, or other wireless communications, and usually consisting of an antenna or group of antennas, transmission cables, and equipment enclosures, and may include an antenna-supporting structure. The following developments shall be considered as a wireless communication facility: developments containing new or existing antenna-supporting structures, public antenna-supporting structures, replacement antenna-supporting structures, collocations on existing antenna-supporting structures, attached wireless communications facilities, stealth wireless communication facilities, and satellite earth stations.

(W-3)

Wireless facilities master plan means the master plan referred to in section 8 herein below which has been adopted by Indian River County and which serves as a tool for analyzing the siting of new wireless communications facilities in Indian River County.

Sec. 3. Applicability.

(a)

Except as provided for in subsection (b) below, this section shall apply to development activities including installation, construction, or modification to the following wireless communications facilities:

(1)

Existing antenna-supporting structures; and

(2)

Proposed antenna-supporting structures; and

(3)

Public antenna-supporting structures; and

(4)

Replacement of existing antenna-supporting structures; and

(5)

Colocation on existing antenna-supporting structures; and

(6)

Attached wireless communications facilities; and

(7)

Stealth wireless communications facilities; and

(b)

The following items are exempt from the provisions of this section [971.44(5)], notwithstanding any other provisions contained in land use regulations of Indian River County:

(1)

Amateur radio antenna supporting structures and antennas as provided in Florida Statutes § 125.561

(2)

Satellite earth stations that are two (2) meters or less in diameter and which are not greater than thirty-five (35) feet above grade; and

(3)

Regular maintenance of any existing wireless communications facility that does not include the placement of a new wireless communications facility; and

(4)

The substitution or change of existing antennas or antenna panels or other equipment on an existing antenna-supporting structure provided the substituted antennas or equipment meet building code requirements (including windloading) and provided such change does not increase the overall height of the structure; and

(5)

Any existing or proposed antenna-supporting structure, antenna or antenna arrays-with an overall height of thirty-five (35) feet or less above ground level in non-commercial or non-industrial zoning districts or seventy (70) feet or less above ground level in commercial or industrial zoning districts; and

(6)

A government-owned wireless communications facility, upon the declaration of a state of emergency by federal, state, or local government, and a written determination of public necessity by the director of public safety; except that such facility must comply with all federal and state requirements. No wireless communications facility shall be exempt from the provisions of this division beyond the duration of the state of emergency.

(7)

Antenna supporting structures, antennas and/or antenna arrays for non-wireless communications facilities such as AM/FM/TV/DTV Broadcasting transmission facilities which are licensed by the Federal Communications Commissions and regulated in accordance with LDR section 971.44(1) and section 917.06 of the land development regulations.

Sec. 4. Uses by land use district.

(a)

Except as provided in subsection (b) below, no wireless communications facility shall be allowed in a particular zoning district except in accordance with the table below.

(b)

Within all districts that the above table shows as "prohibited," new antenna-supporting structures not limited in height as otherwise provided herein, may be permitted as a special exception use, provided that the antenna-supporting structure is owned by Indian River County and is used primarily for county public safety communications, in accordance with the adopted wireless facility master plan (see section 8, below). Such public safety communications facilities are not subject to the one hundred fifty-foot height limitation as set forth in these regulations.

Sec. 5. Development standards. These standards shall apply to the following types of wireless communications facilities:

(a)

New non-stealth antenna supporting structures.

(1)

Approval criteria for new antenna-supporting structures:

a.

Setbacks.

1.

Any new antenna-supporting structures, equipment enclosures and ancillary structures shall meet the minimum setback requirements for the land use district where they are located, except that where the minimum setback distance for an antenna supporting structure from any property line is less than the height of the proposed antenna-supporting structure, the minimum setback distance shall be increased to equal the height of the proposed antenna supporting structure, unless the antenna-supporting structure has been constructed using "breakpoint" design technology, in which case the minimum setback distance shall be equal to one hundred ten (110) percent of the distance from the top of the structure to the "breakpoint" level of the structure. For example, on a one hundred fifty (150) foot tall monopole with a "breakpoint" at one hundred (100) feet, the minimum setback distance would be fifty-five (55) feet (one hundred ten (110) percent of fifty (50) feet, the distance from the top of the monopole to the "breakpoint". However, in all instances, the minimum setback distance from any occupied residence shall be at least three hundred (300) percent of the height of the entire proposed structure. Certification by a Florida professional engineer of the "breakpoint" design and the design's fall radius must be provided together with the other information required herein from an applicant.

b.

Height. The overall height of any antenna-supporting structure, antenna and/or antenna array, excluding those related to amateur radio, shall not be greater than one hundred fifty (150) feet. Height for all purposes in this section shall mean the linear distance from the ground to the highest physical point on the wireless communications facility, except for one (1) vertical structure less than four (4) inches in diameter which extend no more than ten (10) feet above the antenna support structure, antenna, and antenna array and matches the color of the antenna and support structure.

c.

Construction. New antenna-supporting structures shall have a monopole type construction only, and shall not be guyed or have a lattice type construction (except as provided in section 5(b)(1)d.

d.

Structural integrity.

1.

The entire antenna-supporting structure and all appurtenances shall be designed pursuant to the wind speed design requirements of ASCE 7-95, including any subsequent modification to those specifications; and applicable building code requirements; and

2.

The new antenna-supporting structure shall be designed to accommodate the maximum amount of wireless communications equipment, including that of other wireless communication service providers. The exact amount of potential additional equipment to be accommodated shall be agreed upon during a pre-application conference and recorded in the letter of understanding resulting from the conference. In all cases, the minimum number of collocated facilities on a new antenna-supporting structure between eighty (80) and one hundred nineteen (119) feet tall shall be two (2), and for a structure between one hundred twenty (120) and one hundred fifty (150) feet tall shall be three (3).

e.

Lighting. New antenna-supporting structures shall be illuminated in accordance with FAA requirements to provide aircraft obstruction lighting, where required. Any such illumination shall be by red lighting unless otherwise directed by the FAA. Louvers or shields may be required by the county to keep lighting from shining down on surrounding properties.

f.

Colocation feasibility.

1.

No antenna-supporting structure shall be permitted unless the applicant demonstrates that no existing wireless communications facility can accommodate the applicant's proposed facility; or that use of such existing facilities would prohibit personal wireless services in the area of the county to be served by the proposed antenna-supporting structure.

2.

Evidence submitted to demonstrate that no existing wireless communications facility could accommodate the applicant's proposed facility may consist of any of the following:

(i)

No existing wireless communications facilities are located within the search radius, used by the applicant in accordance with generally accepted engineering principles for either capacity or coverage objectives, that meet the applicant's engineering requirements.

(ii)

Existing wireless communications facilities are not of sufficient height to meet the applicant's engineering requirements.

(iii)

Existing wireless communications facilities do not have sufficient structural strength to support the applicant's proposed wireless communications facilities and related equipment.

(iv)

The applicant demonstrates that there are other limiting factors that render existing wireless communications facilities unsuitable.

g.

Color. New antenna-supporting structures shall maintain a galvanized gray finish or other accepted contextual or compatible color, except as required by federal rules or regulations.

h.

Radio frequency emissions. The radio frequency emissions shall comply with FCC standards for such emissions.

i.

Intensity requirements.

1.

The following shall be considered as development area and shall be required to meet the setbacks and open space ratio requirements for the land use district and/or habitat where they are located:

(i)

The area beneath all equipment enclosures; plus

(ii)

The area of the antenna-supporting structure foundation at or above grade; plus

(iii)

The area beneath ancillary structures; plus

(iv)

The area inside the antenna-supporting structure framework.

j.

Security. Suitable protective anti-climb fencing with a minimum height of eight (8) feet, and/or anti-climbing devices shall be required to preserve security on wireless communication facilities and structures.

k.

Landscaping. An average of one (1) canopy tree (minimum height of twelve (12) feet with six-foot spread at time of planting) and two (2) understory trees (minimum height of eight (8) feet at time of planting) shall be provided for every thirty (30) feet of the tower base/accessory structures' opaque fenced perimeter. Credit shall be given for existing trees located between the tower base perimeter and adjacent areas that are being buffered. The required trees shall be planted in a pattern to maximize screening of the base area of the tower from the view of adjacent road rights-of-way and adjacent residentially designated or residentially used properties. Trees credited or planted to meet this screening requirement shall be located on property under the control of the applicant to ensure that the screening trees are preserved and maintained. Shrubs and understory trees used to make the fencing opaque shall be planted on the outside fence perimeter. Alternative landscaping plans which provide for the same average canopy and understory trees but propose alternative siting on the parent tract of the proposed facility may be considered and approved by the planning director, provided the proposed alternative maximizes screening as provided above.

l.

Signage. The only signage that is permitted upon an antenna-supporting structure, equipment enclosures, or fence (if applicable) shall be informational, and for the purpose of identifying the antenna-supporting structure, (such as ASR registration number) as well as the party responsible for the operation and maintenance of the facility, its current address and telephone number, security or safety signs, and property manager signs (if applicable). If more than two hundred twenty (220) voltage is necessary for the operation of the facility and is present in a ground grid or in the tower, signs located every twenty (20) feet and attached to the fence or wall shall display in large, bold, high contrast letters (minimum height of each letter: four (4) inches) the following: "HIGH VOLTAGE DANGER."

m.

Aircraft obstruction. In addition to the provisions of section 5(a)(1)b. above, the overall height of a new antenna-supporting structure located in the vicinity of a private airport shall be limited by the following:

(i)

A 35:1 glide path ratio in the horizontal zone limiting the heights of new antenna-supporting structures, antennas and/or antenna arrays to one hundred fifty (150) feet within one (1) statutory mile (5.280 feet) from the edge of the private airport primary surface; and

(ii)

A 12:1 glide path ratio in the conical zone limiting the heights of new antenna-supporting structures to six hundred (600) feet within one (1) statutory mile (five thousand two hundred eighty (5,280) feet) from the edge of the horizontal zone.

(iii)

This subsection shall NOT apply to any structure proposed to be located within the Airport Overlay Zone as set forth in section 911.17 of this Code, which provisions shall supersede those of this subsection m.

n.

Adverse effects on adjacent properties.

1.

New antenna-supporting structures shall be configured and located in a manner that shall minimize adverse effects including visual impacts on adjacent properties. The applicant shall demonstrate that alternative locations, configurations, and facility types have been examined and shall address in narrative form the feasibility of any alternatives that may have fewer adverse effects on adjacent properties than the facility, configuration, and location proposed.

2.

The following attributes shall be considered from vantage points at adjacent properties, roadways and occupied structures:

(i)

Height and location; and

(ii)

Mass and scale; and

(iii)

Materials and color; and

(iv)

Illumination; and

(v)

Existing and proposed vegetation and intervening structures.

An applicant shall demonstrate through the photo-simulation requirements under subsection (2)(j) hereinbelow that the project design employs each of these attributes in a manner that minimizes adverse effects to the greatest extent feasible to achieve the wireless service capabilities demonstrated to be necessary under subsection 5(a)(1)n.

(2)

Submittal requirements for new non-stealth antenna supporting structure applications:

a.

A completed application form and any appropriate fees; and

b.

Three (3) sets of signed and sealed site plans; and

c.

A property card for the subject property from the Indian River County Property Appraiser's Office or a tax bill showing the ownership of the subject parcel; and

d.

A form indicating that a property and/or antenna-supporting structure's owner's agent has authorization to act upon their behalf (if applicable); and

e.

A signed statement from the antenna-supporting structure's owner or owner's agent stating that the radio frequency emissions comply with FCC standards for such emissions; and

f.

Proof of an FCC license to transmit and/or receive radio signals in Indian River County; and

g.

Prior to issuance of a building permit, a stamped or sealed structural analysis of the proposed antenna-supporting structure prepared by a licensed Florida engineer indicating the proposed and future loading capacity of the antenna-supporting structure; and

h.

One original and two (2) copies of a survey of the property completed by a licensed Florida engineer which shows all existing uses, structures, and improvements; and

i.

Three (3) copies of a vegetation survey or Habitat Evaluation Index (HEI); and

j.

Photo-simulated post construction renderings of the proposed antenna-supporting structure, equipment enclosures, and ancillary structures as they would look after construction from locations to be determined during the pre-application conference (but shall, at a minimum include renderings from the vantage point of any adjacent roadways and occupied commercial or residential structures), as well as photo-simulations of the antenna supporting structure after it has been fully developed with antenna structures (applicant may assume for the purpose of the simulation that other antenna structures on the facility will resemble their proposed structure in size and design); and

k.

Prior to issuance of a building permit, proof of FAA compliance with Subpart C of the Federal Aviation Regulations Part 77, Objects Affecting Navigable Airspace; and

l.

A signed statement from the antenna-supporting structure owner agreeing to allow the colocation of other wireless equipment on the proposed antenna-supporting structure; and

m.

If required by the United States Fish and Wildlife Service, a letter indicating that the proposed antenna-supporting structure and appurtenances are in compliance with all applicable federal rules and regulations; and

n.

All other documentation, evidence, or materials necessary to demonstrate compliance with the applicable approval criteria set forth in this chapter and, including for non-stealth facilities over seventy (70) feet in height, where applicable:

1.

Existing wireless communications facilities to which the proposed facility will be a handoff candidate, including latitude, longitude, and power levels of each;

2.

A radio frequency plot indicating the coverage of existing wireless communications sites, and that of the proposed site sufficient to demonstrate radio frequency search area, coverage prediction, and design radius, together with a certification from the applicant's radiofrequency engineer that the proposed facility's coverage or capacity potential cannot be achieved by any higher ranked alternative such as collocation, attached facility, replacement facility or stealth facility, and that the proposed facility's height is the minimum necessary to reasonably meet coverage and/or capacity needs; and

3.

Prior to issuance of a building permit, a statement by a qualified professional engineer specifying the design structural failure modes of the proposed facility; and

4.

Antenna heights and power levels of the proposed facility and all other facilities on the subject property.

5.

A statement from the applicant that demonstrates that alternative locations, configurations, and facility types have been examined; and addresses in narrative form the feasibility of any alternatives that may have fewer adverse effects on adjacent properties than the facility, configuration, and location proposed including but not limited to:

(i)

Height; and

(ii)

Mass and scale; and

(iii)

Materials and color; and

(iv)

Illumination; and

(v)

Information addressing the following items:

(a)

The extent of any commercial development within the geographic search area of the proposed facility;

(b)

The proximity of the structure to any residential dwellings;

(c)

The proximity of the structure to any public buildings or facilities;

(d)

The existence of tall and like structures within the geographic search area of the proposed structure;

o.

A statement that the proposed facility is the least visually obtrusive, as defined herein, and that the proposed facility conforms with state of the art, as defined herein, or alternatively, that state of the art technology is unsuitable for the proposed facility. Costs of state of the art technology that exceed customary facility development costs shall not be presumed to render the technology unsuitable.

(3)

A pre-application conference is required for any new antenna-supporting structure. At the time a pre-application conference is held, the applicant shall demonstrate that the following notice was mailed (via certified mail) to all interested parties, including other wireless service providers licensed to provide service within Indian River County as indicated on the list of wireless service providers and interested parties provided by the Indian River County Planning Department:

"Pursuant to the requirements of the Indian River County Land Development Regulations, (name of provider) is hereby providing you with notice of our intent to meet with the Indian River County Planning Department in a pre-application conference to discuss the location of a free-standing wireless communications facility that would be located at _______ (location)_______. In general, we plan to construct a support structure of _______ feet in height for the purpose of providing _______ (type of wireless service) _______. Please inform us and the Planning Department if you have any desire for placing additional wireless facilities or equipment within two (2) miles of our proposed facility. Please provide us with this information within twenty (20) business days after the date of this letter. Your cooperation is sincerely appreciated.

Sincerely, (pre-application applicant, wireless provider)"

Included with the notice shall be the latitude and longitude (NAD 83) of the proposed structure. Within twenty (20) days of receiving a timely response from an interested potential co-applicant, the applicant shall inform the respondent and the planning division in writing as to whether or not the potential co-location is acceptable and under what conditions. If the co-location is not acceptable, then the applicant must provide the respondent and the planning division written justification as to why the co-location is not feasible.

(4)

For all structures requiring a special exception use, all property owners within six hundred (600) feet of the property boundary where the proposed structure will be constructed shall receive from county staff written notice of the application via certified mail, and all property owners between six hundred (600) and one thousand two hundred (1,200) feet shall be notified by staff via regular U.S. Mail.

(b)

Replacement of an existing antenna-supporting structure.

(1)

Approval criteria for replacement antenna-supporting structures.

a.

For a proposed replacement antenna-supporting structure to be approved, it shall meet the approval criteria d., e., g. through j. and l. as indicated in section 5(a)(1), as well as the following:

b.

Setbacks.

1.

Any new equipment enclosures shall meet the minimum setback requirements for the land use district where they are located; and

2.

Replacement antenna-supporting structure foundations constructed on a property or properties which is/are contiguous to the RS, RM, RT or RMH zones shall not be any closer to these zones than the foundation of the original antenna-supporting structure being replaced.

c.

Height.

1.

Replacement antenna-supporting structures, antennas and/or antenna arrays shall not exceed the height requirements set forth in section 5(a)(1)b. or one hundred ten (110) percent of the height of the antenna-supporting structure it is replacing, whichever is greater:

d.

Construction. Subject to the height provisions above:

1.

Replacement antenna-supporting structures, antennas and/or antenna arrays with an overall height of one hundred and seventy-five (175) feet or less shall have a monopole type construction, except that guyed towers less than one hundred seventy-five (175) feet in height may be replaced with new guyed towers.

2.

Replacement antenna-supporting structures with an overall height of greater than one hundred and seventy-five (175) feet, may be of the same construction type as the structure being replaced.

e.

Landscaping. An average of one (1) canopy tree (minimum height of twelve (12) feet with six-foot spread at time of planting) and two (2) understory trees (minimum height of eight (8) feet at time of planting) shall be provided for every thirty (30) feet of the tower base/accessory structures' opaque fenced perimeter. Credit shall be given for existing tree located between the tower base perimeter and adjacent areas that are being buffered. The required trees shall be planted in a pattern to maximize screening of the base area of the tower from the view of adjacent road rights-of-way and adjacent residentially designated or residentially used properties, without conflicting with any guy wires. Trees credited or planted to meet this screening requirement shall be located on property under the control of the applicant to ensure that the screening trees are preserved and maintained. Shrubs and understory trees used to make the fencing opaque shall be planted on the outside fence perimeter. Alternative landscaping plans which provide for the same average canopy and understory trees but propose alternative siting on the parent tract of the proposed facility may be considered and approved by the planning director, provided the proposed alternative maximizes screening as provided above.

(2)

Submittal requirements for replacement antenna-supporting structure applications:

a.

For a proposed replacement antenna-supporting structure application to be considered complete, it shall contain the same submittal materials required as indicated in section 5(a)(2)a. through i., k., l., n.(1) through (4), and o.

(c)

Colocations on an existing antenna-supporting structure.

(1)

Approval criteria for colocations on existing antenna-supporting structures:

a.

For a colocation on an existing antenna-supporting structure to be approved, it shall meet with approval criteria h. through j., and l. as indicated in section 5(a)(1), as well as the following:

b.

Height. A colocation on an existing antenna-supporting structure shall not increase the overall height of the antenna-supporting structure, antenna and/or antenna array beyond that allowed under section 5(a)(1)b.

c.

Structural integrity. Any colocation on an existing antenna-supporting structure shall meet building code requirements (including windloading).

(2)

Submittal requirements for colocation on an existing antenna-supporting structure applications:

a.

For a colocation on an existing antenna-supporting structure application to be considered complete, it shall contain submittal materials a. through f., n. (1) through (4), and o., as indicated in section 5(a)(2), as well as the following:

1.

A stamped or sealed structural analysis of the existing antenna-supporting structure prepared by a licensed Florida engineer indicating that the existing antenna-supporting structure as well as all existing and proposed appurtenances meets building code requirements (including windloading) for the antenna-supporting structure.

2.

A copy of the lease or sublease between the owner of the antenna-supporting structure and the applicant seeking to place additional wireless equipment on the structure. Clauses related to lease term or rent may be deleted or censored.

(d)

Attached wireless communications facilities.

(1)

Approval criteria for attached wireless communications facilities:

a.

For a proposed attached wireless communications facility to approved, it shall meet with the approval criteria h., i., and l., as indicated in section 5(a)(1), as well as the following:

b.

Accessory use. An attached wireless communications facility shall be an accessory use as defined by section 901.03 in the land development regulations; and

c.

Height.

1.

The antenna, antenna array, attachment device, equipment enclosure and/or any ancillary equipment shall not extend above the highest point of the building by more than seventy (70) feet; and

2.

Existing or proposed attached wireless communications facilities which project more than seventy (70) feet above the highest point of the building upon which it is mounted shall be considered as an antenna-supporting structure and subject to the provisions for these types of uses pursuant to section 5(a); and

d.

Construction. Attached facilities may have a guyed, lattice, or monopole type construction, but in no case shall a lattice type construction exceed a height of ten (10) feet from the base of the attached facility; and

e.

Color. All attached antenna or antenna arrays, equipment enclosures and ancillary equipment visible from outside the building where they are located shall be painted so as to blend in with the building where they are placed; and

f.

Screening and placement.

1.

Attached wireless communications facilities shall be screened by a parapet or other device so as to minimize its visual impact as measured from the boundary line of the subject property. Attached facilities shall be placed in the center of the building where reasonably possible so as to further minimize visual impact; and

2.

An attached wireless communications facility shall be attached only to a commercial/industrial, industrial, hotel, multifamily, institutional, or public building or facility.

(2)

Submittal requirements for attached wireless communications facility applications:

a.

For a proposed attached wireless communication facility application to be considered complete, it shall contain submittal materials a. through f., h., n. (1) through (4) and o., as indicated in section 5(a)(2).

(e)

Stealth wireless communications facilities.

(1)

Approval criteria for stealth wireless communications facilities:

a.

Setbacks.

1.

Stealth facilities shall meet the minimum setback requirements for the zoning district where they are located for the type of structure used or simulated.

b.

Height. Stealth wireless communications facilities shall not exceed one hundred fifty (150) feet in overall height. The county may limit the height of a proposed stealth facility to ensure that the facility is not readily identifiable as a wireless facility, blends into its surroundings, and has the appearance of an allowable and customary structure on site (e.g. church steeple, flagpole with flag, light standard, tree) In particular, a stealth facility proposed to be disguised as a tree shall not exceed one hundred ten (110) percent of the height of the tree line of the subject parcel or surrounding area.

c.

Construction. No stealth wireless communications facility shall be guyed or have lattice type construction.

d.

Accessory use. A stealth facility shall be an accessory use as defined by section 901.03 in the land development regulations.

e.

Structural integrity. The stealth facility shall be designed pursuant to the wind speed design requirements of ASCE 7-95, including any subsequent modification to those specifications, and to meet all applicable building code requirements (including windloading).

f.

Aesthetics. No stealth facility, whether fully enclosed within a building or otherwise, shall have antennas, antenna arrays, transmission lines, equipment enclosures or other ancillary equipment that is readily identifiable from the public domain as wireless communications equipment.

(2)

Submittal requirements for stealth wireless communications facilities:

a.

For a proposed stealth wireless communications facility application to be considered complete, it shall contain submittal materials a. through j., n. 1 through 4, and o., contained in section 5(a)(2) as well as a photo-simulated post construction renderings of the proposed stealth facility, equipment enclosures, and ancillary structures as they would look after construction from the public domain. Said photo-simulations must demonstrate that the placement, design and height of the proposed facility satisfies the definition of "stealth wireless communications facility."

b.

For a proposed stealth wireless communications facility that is not ground-mounted, the planning director may waive certain submittal requirements to reflect the necessary documentation required to demonstrate compliance with the provisions of this chapter.

c.

For a stealth wireless communications facility proposed to exceed a height of seventy (70) feet, the applicant shall satisfy the informational and technical analysis required under section 5(a)(2)n.

Sec. 6. Expert review.

(a)

Where due to the complexity of the methodology or analysis required to review an application for a wireless communication facility requiring special exception use approval or a radio frequency analysis, the planning director may require a technical expert review by a third party expert, the costs of which shall be borne by the applicant, which sum shall be in addition to site plan and special exception use fees. Applicant shall submit a deposit of two thousand dollars ($2,000.00) towards the cost of such technical review upon notification from the planning director that a technical review is required, and shall remit any outstanding balance to the county for such review (not to exceed a total cost of three thousand dollars ($3,000.00)) prior to issuance of a building permit. The technical expert review shall be completed within forty-five (45) days of county staff receipt of a complete application and technical analysis and justification from the applicant.

(b)

The expert review may address any or all of the following:

(1)

The accuracy and completeness of submissions;

(2)

The applicability of analysis techniques and methodologies;

(3)

The validity of conclusions reached;

(4)

Whether the proposed wireless communications facility complies with the applicable approval criteria set forth in these regulations; and

(5)

Other matters deemed by the planning director to be relevant to determining whether a proposed wireless communications facility complies with the provisions of these regulations.

(c)

Based on the results of the expert review, the planning director may require changes to the applicant's application or submittals.

(d)

The applicant shall reimburse the county within fifteen (15) working days of the date of receipt of an invoice for expenses associated with the third party expert's review of the application. Failure by the applicant to make reimbursement pursuant to this section shall abate the pending application until paid in full.

Sec. 7. Abandonment.

(a)

In the event all legally approved use of any wireless communications facility has been discontinued for a period of six (6) months, the facility shall be deemed to be abandoned. Determination of the date of abandonment shall be made the planning director who shall have the right to request documentation and/or affidavits from the facility owner regarding the issue of wireless communications facility usage, including evidence that use of the wireless communications facility is imminent.

(b)

At such time as the planning director reasonably determines that a wireless communications facility is abandoned, the planning director shall provide the facility owner with written notice of an abandonment determination by certified mail. Failure or refusal by the owner to respond within sixty (60) days of receipt of such notice, shall constitute prima facie evidence that the wireless communications facility has been abandoned.

(c)

If the owner of the wireless communications facility fails to respond or fails to demonstrate that the wireless communications facility is not abandoned, the facility shall be considered abandoned and the owner of the facility shall have an additional one hundred twenty (120) days within which to: (i) reactivate the use of the wireless communications facility or transfer the wireless communications facility to another owner who makes actual use of the facility within the one hundred-twenty-day period, or (ii) dismantle and remove the wireless communications facility.

(d)

Prior to issuance of a building permit for a wireless communications facility, the underlying property owner shall acknowledge in writing, in a manner acceptable to the county attorney's office, his or her responsibilities as the property owner to perform or contract to perform and pay all costs associated with dismantling and properly removing and disposing of an abandoned wireless communications facility.

Sec. 8. Wireless facility master plan. An applicant for a wireless communication facility may elect to construct a facility which is included in the county's wireless facility master plan ("plan"). Any wireless communications facility located in an approved area as set forth in the plan and designed in accordance with the plan and these regulations will not be required to have a public hearing and will not be assessed the expert review fee set forth in 971.44(5) Section 6 above (unless the applicant has not elected to participate in the plan and proposes a wireless communications facility exceeding a height of ninety (90) feet), but will be required to pay site plan approval application fees and building permit fees. The wireless master plan fee established below shall apply to proposals for facilities on sites added to the master plan after November 12, 2002. To develop and maintain the plan, the county's consultant shall use signal propagation methods and professional engineers qualified in this discipline and assure compliance with all federal, state and local regulations. An applicant proposing a facility located within areas designated by the plan shall apply for necessary staff-level site plan approvals and building permits. Should the need occur for modifications after approval of the plan, an applicant may petition the county for such modifications, but an additional fee may be assessed.

(1)

Information to be provided. All applicants who elect to construct a wireless communications facility in an area provided for in the plan shall provide all necessary and requested information to the county's consultant, which information shall include at a minimum that set forth in 971.44(5) section 5(a)(2)(n) 1-4 above, for each wireless facilities site which it currently operates within the county as well as each site area within which it reasonably believes it will need a facility within the county for at least the next two (2) years.

(2)

Plan development and use. Upon submittal of the foregoing information in subsection (1) above, the county's consultant shall continue to develop and refine the plan, which will specify areas within the county where an applicant may construct a wireless communications facility by filing a site plan application and obtaining staff approval, and obtaining issuance of a building permit, in accordance with the specifications set forth in the plan as approved for that particular site area.

(3)

Application fee required. The fee for participation in the plan shall be six thousand dollars ($6,000.00) per applicant, which shall be a one-time fee for review of the applicant's existing and proposed facilities in the county. Payment of the application fee shall be made at the time the application is submitted with the information set forth in subsection (1) above.

(4)

Plan supersedes processes established in 971.44(5). All approved site areas specified in the plan shall require staff approval only for the construction of approved wireless facilities, irrespective of the zoning district in which the site is located, and without the necessity of further public hearing. For those areas specified in the plan which are on property owned or controlled by the county (regardless of zoning classification), the applicant shall, prior to seeking a building permit for such facility, negotiate and execute a lease agreement with the county for such site upon terms and conditions approved by the county.

(Ord. No. 90-16, § 1, 9-11-90; Ord. No 91-48, §§ 72—75, 12-4-91; Ord. No. 93-29, § 5L, 9-7-93; Ord. No. 94-1, §§ 2M, 9B, 9C, 1-5-94; Ord. No. 97-16, §§ 4, 6(1), (2), 7, 5-6-97; Ord. No. 97-29, § 2(C), 12-16-97; Ord. No. 2002-016, §§ 1K, 1L, 4-2-02; Ord. No. 2002-031, §§ 1K, 1L, 11-12-02; Ord. No. 2005-030, §§ 21, 22, 9-6-05)

(1)

Automotive fluids, products, sales and service other than gasoline (administrative permit).

(a)

Districts requiring administrative permit approval, (pursuant to the provisions of 971.04): CL IG.

(b)

Additional information requirements:

1.

A site plan meeting all requirements of Chapter 914 which shows the land use and zoning designation of all properties within one hundred (100) feet of the site;

2.

A hazardous waste survey form specifying all hazardous wastes handled, used, and generated on-site.

(c)

Criteria for automotive fluids, products, sales and service other than gasoline in the CL district:

1.

Service of automobiles shall be within an enclosed building; outside sale of products is prohibited;

2.

Maintenance and services performed shall be limited to the draining and replacement of fluids and minor parts replacement (filters, lights, wipers), and limited automotive repairs. Limited automotive repair services such as replacement of batteries, tires, and bolt on replacement parts, and tune-ups and minor adjustments may be allowed. General repair services such as engine or transmission replacement or rebuilding, and paint and body work, are expressly prohibited;

3.

No outdoor storage shall be permitted;

4.

All generated hazardous waste shall be stored, handled, and disposed of in a manner acceptable to the environmental health and county utilities departments;

5.

All tanks and facilities for the storage of petroleum oils and other flammable liquids shall be located within an enclosed building or underground or located outdoors and completely visually screened, and shall be subject to all setback requirements of the applicable district.

6.

Transmissions from audio speakers outside enclosed buildings are prohibited.

7.

Buildings in which limited automotive repair services are performed shall be located a minimum of one hundred (100) feet from any residentially designated property.

(d)

Criteria for automotive products, sales and service other than gasoline in the IG district:

1.

The use shall be subject to the restrictions and requirements of the applicable fire department, in order to ensure adequate separation from heavy industrial uses which may pose a safety hazard;

2.

All tanks and facilities for the storage of petroleum oils and other flammable liquids shall be either located within an enclosed building or underground or located outdoors and be completely visually screened, and shall be subject to all setback requirements of the applicable district.

(2)

Automotive fuel sales (administrative permit).

(a)

Districts requiring administrative permit approval, (pursuant to the provisions of 971.04): CN CL.

(b)

Additional information requirements:

1.

A site plan meeting all requirements of Chapter 914 which shows the zoning designation of all properties within one hundred (100) feet of the site;

2.

The location of all gasoline pumps, tanks and pump islands.

(c)

Criteria for automotive fuel sales:

1.

All automotive fuel sales shall be accessory to a limited retail sales establishment;

2.

The fuel pumping area (including vehicle staging areas) shall be a minimum of thirty (30) feet from the retail establishment, and in no case may encroach upon other minimum parking and/or driveway areas;

3.

No automotive repair or maintenance activities shall be permitted;

4.

The location of all gasoline storage tanks and facilities shall be subject to all applicable standards of the National Fire Protection Association (NFPA).

(3)

Gasoline service stations (administrative permit and special exception).

(a)

Districts requiring administrative permit approval, (pursuant to the provisions of section 971.04): CL IG.

(b)

Additional information requirements:

1.

A site plan meeting all requirements of Chapter 914 which shows the land use and zoning designations of all properties within one hundred (100) feet of the site;

2.

The location of all gasoline pumps, tanks and pump islands.

(c)

Criteria for gasoline service stations:

1.

The use shall provide for efficient internal circulation of vehicles on-site;

2.

All service stations located within an IG district shall be subject to the restrictions and requirements of the applicable fire department, in order to ensure adequate separation from heavy industrial uses which may pose a safety hazard;

3.

All tanks and facilities for the storage of gasoline, petroleum oils and other flammable liquids shall be located underground and shall be subject to all setback requirements of the applicable district;

4.

No outdoor storage shall be permitted;

5.

No site shall abut or be located within one hundred (100) feet of a residentially designated property.

(4)

Mobile home trailer sales (administrative permit).

(a)

Districts requiring administrative permit approval, (pursuant to the provisions of 971.04): CH.

(b)

Additional information requirements:

1.

A site plan showing the location, dimensions, and area of the mobile home trailer sales office and the mobile home trailer display area(s);

2.

The maximum number of trailer units to be displayed on-site at any one time shall be noted on the site plan.

(c)

Criteria for mobile home trailer sales:

1.

All mobile home trailers displayed shall meet the applicable building setback requirements;

2.

All mobile homes displayed shall be provided with undercarriage skirting;

3.

All designated display areas shall provide for minimum of one thousand six hundred (1,600) square feet per trailer;

4.

In addition to the parking required for the sales office a minimum of one parking space shall be provided for each three thousand two hundred (3,200) square feet of trailer display areas.

(5)

Used vehicle sales (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 if courtesy sign posting is provided on site prior to staff approval; and special exception).

(a)

Districts requiring administrative permit approval, (pursuant to the provisions of 971.04): CH.

(b)

Districts requiring special exception approval, (pursuant to the provisions of 971.05): CG.

(c)

Additional information requirements: A site plan meeting all of the requirements of Chapter 914 which shows the approximate location and maximum number of automobiles to be accommodated on the site.

(d)

Criteria for used vehicle sales:

1.

No such establishment shall be permitted on a lot of record having less than ten thousand (10,000) square feet in a CG district or fifteen thousand (15,000) square feet in a CH district;

2.

All outdoor vehicular display areas and off-street parking areas shall have paved surfaces which meet the standards of Chapter 954. For the purpose of this chapter, vehicular display areas shall be paved areas where vehicles for sale are on display. Off-street parking areas shall be paved areas maintained for customer and employee parking;

3.

No vehicular sales office (building) shall be located closer than twenty-five (25) feet to any property line except any property line that is abutting railroad right-of-way in which case the structure shall not be located closer than ten (10) feet. Also, no vehicular display areas shall be located closer than ten (10) feet to any property line;

4.

The site shall provide for separation of vehicular display areas and off-street parking areas;

5.

All designated outdoor vehicular display areas shall provide for a minimum of three hundred (300) square feet per vehicle. Drives and maneuvering areas shall be designed to permit convenient on-site maneuvering of the vehicles.

(6)

Recreational vehicle sales (administrative permit).

(a)

Districts requiring administrative permit approval, (pursuant to the provisions of 971.04): CG CH.

(b)

Additional information requirements:

1.

A site plan showing the location, dimensions, and area of the recreational vehicle sales office and the recreational vehicle display area(s).

2.

The maximum number of recreational vehicle units to be displayed on site at any one (1) time shall be noted on the site plan.

(c)

Criteria for recreational vehicle (RV) sales:

1.

All recreational vehicles (RV) displayed shall be located so as to not cause sight distance problems at either street or driveway intersections, as determined by the public works director.

2.

All designated display areas shall provide for minimum of five hundred (500) square feet per RV.

3.

In addition to the parking required for the sales office a minimum of one (1) parking space shall be provided for each three thousand (3,000) square feet of RV display areas.

(Ord. No. 90-16, § 1, 9-11-90; Ord. No. 91-48, § 76, 12-4-91; Ord. No. 93-29, §§ 2, 5M, 9-7-93; Ord. No. 2018-006, § 7, 3-13-18)