(1)

Short title. This chapter shall be known as the Indian River County Zoning Ordinance.

(2)

Purpose and intent. In order to lessen congestion in the streets, to secure safety from fire, panic and other dangers; to promote health and general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provisions of transportation, potable water, sanitary sewer, schools, parks and other public improvements; to conserve the value of buildings and to encourage the most appropriate use of land within the area delineated on the official zoning map, exclusive of all incorporated areas, there is hereby adopted and established the official zoning plan pursuant to the authority conferred on the board of county commissioners of Indian River County.

(Ord. No. 90-16, § 1, 9-11-90; Ord. No. 91-7, § 3, 2-27-91)

All terms defined in Chapter 901, Definitions, are applicable in this chapter.

(Ord. No. 90-16, § 1, 9-11-90)

In order to classify, regulate and restrict the use of land, water, buildings, and structures; to regulate and restrict the height and bulk of buildings; to regulate the area of yards and other open spaces about buildings; to regulate the intensity of land use and implement the comprehensive plan, the unincorporated area of Indian River County, Florida is divided into districts as follows:

Agricultural districts

Rural districts

Single-family residential districts

Multiple-family residential districts

Mobile home districts

Commercial districts

Industrial districts

Conservation districts

Special purpose districts

Planned development district

These zoning districts are provided to implement the intent of the comprehensive plan and the land use designations on the future land use map as indicated below:

RELATIONSHIP OF THE ZONING DISTRICTS WITH THE FUTURE LAND USE MAP DESIGNATIONS

P - District permitted

T - District permitted when used as transition from less intense/dense development or consistent with existing development

Shaded - District not permitted

(Ord. No. 90-16, § 1, 9-11-90; Ord. No. 91-7, § 4, 2-27-91; Ord. No. 91-48, § 9, 12-4-91; Ord. No. 98-9, § 9, 5-19-98; Ord. No. 2012-016, § 1, 7-10-12)

(1)

Establishment of district regulations.

(a)

Use classes, generally. In order to implement the purpose and intent and provisions of this chapter, the following use classes are hereby established:

Agricultural uses

Residential uses

Institutional uses

Community service uses

Recreation uses

Commercial uses

Industrial uses

Transportation uses

Utility uses

(b)

Designation of specific uses by use class and sub-class. The use classes established above may be divided into various use sub-classes. These sub-classes shall comprise the various specific uses as set forth in the zoning districts, as established in section 911.03.

(c)

Interpretation of use classes and sub-classes. Where the terms listed in section 911.04(1)(a), above, are used in this code in reference to specific land use activities, they shall refer to the use sub-classes which comprise those terms, unless the context of the ordinance otherwise requires.

(2)

Allowed uses.

(a)

[Generally.] It is the intent of this ordinance to permit certain uses, not otherwise illegal, to locate in specified zoning districts, as permitted uses, uses requiring administrative permits, or special exception uses.

(b)

Unlisted uses.

1.

Uses not specifically listed. In the event that a particular use is not listed anywhere in this chapter and that no listed use describes the land use activity in question and that such use is not determined to be an accessory use, then it shall be considered the same as the use having the most similar characteristics. An unlisted use shall be determined to be a permitted use, use requiring an administrative permit or special exception use based on the similarities to other uses listed or defined elsewhere in this chapter.

2.

Criteria for reviewing uses not listed. Upon application for a use not herein listed, the community development director shall determine whether or not the use shall be allowed in the specific zoning district and whether it shall be listed as a permitted use, use requiring an administrative permit, or special exception use.

The basis for reviewing unlisted uses shall be the Standard Industrial Classification (SIC) Code, which shall be used to determine the general classification of uses. Other factors which may be considered shall be traffic generation volume, type of traffic attracted to and generated by the site, parking requirements, compatibility to surrounding land uses, noise, lighting and visual impacts, hours of operation, intensity of use. The community development director may after review of the criteria herein set forth determine that certain uses are prohibited uses and shall not be allowed in any zoning district. In the event that any use is determined to be a prohibited use, record of the reasons given for that decision shall be kept on file and shall be used as guidelines for subsequent use determinations.

3.

Appeals of decisions on unlisted uses. Such decisions may be appealed to the planning and zoning commission in conformance with the provisions of Chapter 902, Administrative Mechanisms.

(c)

Permitted uses. No structure shall be erected, constructed, reconstructed or structurally altered, nor shall any structure or land or combination thereof be used unless the use to which the structure and/or land is to be put is listed in the permitted use section of the applicable zoning district and the use fully complies with all of the applicable district regulations, except for nonconformities as provided in Chapter 904.

(d)

Accessory uses. No accessory use or structure, as defined in Chapter 901, shall hereafter be constructed, remodeled, established, altered or enlarged unless such accessory use or structure complies with the provisions of Chapter 917, Accessory Uses and Structures.

(e)

Uses requiring an administrative permit. It is the intent of this chapter to allow any use requiring an administrative permit in the appropriate zoning district, provided the criteria established for such use in Chapter 971, Specific Land Use Criteria, are satisfied and such use is reviewed and approved pursuant to the procedures of Chapter 914, Site Plan.

(f)

Special exception uses. It is the intent of this chapter to allow any use requiring a special exception approval in the appropriate zoning district, provided the criteria established in Chapter 971, Specific Land Use Criteria, are satisfied and such use is reviewed pursuant to the procedures of Chapter 914, Site Plan.

(g)

Agricultural uses within L-1 and L-2 land use designations. The following agricultural uses which serve as or enhance open space and green belt functions are allowed in the A-1 (Agricultural - 1) zoning district within the L-1 and L-2 land use designations.

1.

General farming

2.

Livestock and poultry raising

3.

Stables

4.

Tree farms

5.

Kennel and animal boarding*

6.

Specialty farms*

7.

Nursery and greenhouses*

8.

Fish farms*

9.

Aquaculture*

10.

Similar uses as determined by the community development director.

*These uses are allowed if substantial open space or green areas meeting or exceeding applicable zoning district standards are involved in the use.

(3)

Establishment of size and dimension criteria. In order to carry out the purpose and intent provisions of this chapter, size and dimension criteria for particular zoning districts are hereby established. Such size and dimension criteria shall be applied in accordance with this section and other applicable provisions of the land development regulations. The minimum area for yards and other open spaces for each and every building hereafter erected, constructed or structurally altered shall not be encroached upon or considered as area, yard or open space requirements or intensity of use requirements for any other building. Variances from these provisions, excluding the maximum density limitations, may be granted by the board of adjustment pursuant to the procedures and criteria of the land development regulations.

(a)

Maximum density. In no instance shall the maximum density specified for a given zoning district be exceeded in the approval of any permit or development order unless it is provided for in section 911.14, Planned Development. Maximum density shall be expressed in number of dwelling units per gross residential acre. In the determination of the maximum number of units to be allowed on a lot, the permitted number shall be made proportional to any fraction of an acre(s) that is a part of the lot. Gross residential area shall mean the area of a lot devoted to residential uses and related open space, yards, parking and circulation, drainage, recreation, waterbodies, and other related or accessory facilities, exclusive of commercial, industrial, and other nonresidential uses.

(b)

Lot size requirements.

1.

Generally. Except as may be qualified by the provisions of the land development regulations, including Chapter 904, Nonconformities, no structure or part thereof shall hereafter be constructed or relocated onto a lot which does not meet all of the minimum lot size requirements established for the zoning district in which the structure is or is to be located. Furthermore, no structure or land shall hereafter be used, occupied or arranged for use on a lot which does not meet all of the minimum lot size requirements presented for the district in which such structure or land is located, unless such lot meets the criteria of section 911.04 (3)(b)5. below. Properties upon which essential services uses are located are exempt from minimum lot size requirements.

2.

Reduction of lot size or yards; subdivision. No lot or yard existing at the effective date of this chapter shall thereafter be reduced in size, dimension, or area below the minimum requirements set out herein, except by reason of a portion being acquired for public use in any manner, including dedication, condemnation, purchase, and the like. Lots or yards created after the effective date of this chapter shall meet the minimum requirements established herein.

3.

Applicability to all uses. All permitted uses, all administrative permit uses, and all special exception uses shall be subject to the lot size requirements specified for a given district, unless other minimum requirements are specified for such uses elsewhere in the land development regulations.

4.

Structure built on two (2) lots. A building constructed on a site consisting of two (2) lots must be located either within the required setback of the individual lot or the setback from the common or unified lot line. Any person wishing to build a structure on two (2) lots must provide legal assurance, approved by the county attorney, which demonstrates unity of title for both lots. In those cases where construction does not commence, such unity of title may be released upon approval of the community development director and recording of a dissolution of unity of title in the public records.

5.

Lots of record less than minimum size. Any lot of record legally created prior to the adoption of this chapter which contains less lot area or width than required in the district in which it is located may be used for a use in such district. This provision shall not be construed to permit more than one dwelling unit on a lot with less lot area per dwelling than required for the district in which such lot is located.

6.

Use of lots in single-family districts. In single-family districts, every building hereafter erected or structurally altered shall be located on a lot as herein defined, and in no case shall there be more than the principal building and the customary accessory buildings on one plot or parcel of land.

(c)

Minimum yard and setback requirements.

1.

Generally. Minimum yard requirements shall be as specified for a given zoning district. The yard requirements shall apply to all buildings and structures, as they relate to the respective lot lines, except as otherwise specifically provided in this chapter or as exempted in subsection 911.04(3)(c)2.

2.

Accessory uses and structures. Special yard requirements related to accessory uses and/or structures are provided in chapter 917.

3.

Yard encroachments. See subsection 911.15(2), encroachments into required yards.

4.

Required yards for lawfully created nonconforming lots. Lawfully created nonconforming lots shall have required yards; provided, however, that the buildable width of such lot shall not be reduced by front or side yard requirements to less than thirty (30) feet and provided further that no accessory structure on a corner lot shall project into the required front yard on any street. In those instances where the thirty-foot minimum applies, the house shall be centered between the lot lines, unless an alternative siting arrangement is approved by the community development director.

5.

Residential lots and units adjacent to the urban service area boundary. Residential subdivision projects, site plan projects, and planned development projects located inside the urban service area where new residential lots or units are proposed adjacent to the urban service area boundary shall include provisions for a special buffer. Project sites are considered adjacent to the urban service area boundary when adjoining that boundary and when separated from that boundary by intervening road and canal rights-of-way. Said buffer shall be provided in a separate tract and provided between the proposed residential lot (single-family) or unit (multi-family) and the urban service area boundary and shall consist of native vegetation planted in a fifty-foot or wider Type "B" buffer with a six-foot opaque feature, as described in chapter 926. Where walls are used, the wall variation requirements of subdivision ordinance subsection 913.09(9) shall apply. Where required, said buffer shall be treated as a required improvement for the project or project phase in which the buffer is to be located.

6.

Yards adjacent to active agricultural operations. Subdivision and planned development projects located within the urban service area where new residential lots are proposed adjacent to active agricultural operations that typically involve application of fertilizers, herbicides, or pesticides (e.g., citrus groves and field crops) shall provide a special buffer. A pasture shall not be considered an active agricultural use for purposes of this buffer requirement unless the pasture is regularly sprayed with fertilizers, herbicides, or pesticides. The buffer shall be provided between the proposed residential lots and the adjacent active agricultural operation and shall consist of the quantity of canopy and understory trees required in a twenty-five-foot wide Type "B" buffer. As an alternative to the Type "B" buffer canopy and understory tree plantings, the developer may propose and the county may approve the planting of a windbreak with appropriate tree species that will form a continuous screen at least eight (8) feet tall within three (3) years of planting.

Where required, the buffer shall be treated as a required subdivision improvement for the project or project phase in which the buffer is to be located. The buffer and opaque feature shall be located within a buffer tract or easement that is dedicated to a homeowners association and is established such that it cannot be extinguished or modified without county consent. The buffer shall be maintained as a required subdivision improvement until such time as the adjacent active agricultural use is converted to a non-agricultural use and the buffer easement or tract has been extinguished with the county's consent.

7.

Residential setbacks, generally. No dwelling shall be erected closer to another dwelling than double the minimum setback restrictions.

8.

Yard requirements for residential uses in nonresidential zoning districts. Whenever a dwelling is to be erected in a district other than an agricultural or residential district, it shall conform to the minimum setback requirements of the RM-8 district.

(d)

Maximum building height. Maximum building height, where specified, shall apply to all structures located in the zoning district except those structures and appurtenances excluded in section 911.15(1), height exceptions. Further, no structure shall exceed any airport height limitations.

(e)

Maximum building coverage. Maximum building coverage, where specified, shall mean that portion of a lot, expressed as a percentage, occupied by all buildings or structures which are roofed or otherwise not open to the sky and that extend more than three (3) feet above the surface of the ground level.

(f)

Minimum open space. The open space requirements presented for a given zoning district shall be considered as a minimum, and such open space shall be located on the same lot as the primary use or structure, except as specifically provided otherwise in the land development regulations. Open space shall be expressed as a percentage and shall be generally defined as the required exterior open area clear from the ground upward, devoid of residential, commercial and industrial buildings, accessory structures and impervious area.

(Ord. No. 90-16, § 1, 9-11-90; Ord. No. 91-48, §§ 10, 11, 12-4-91; Ord. No. 93-8 § 29, 3-18-93; Ord. No. 97-18, § 1, 5-27-97; Ord. No. 2005-030, § 2, 9-6-05; Ord. No. 2012-016, § 2, 7-10-12)

(1)

Establishment of official zoning atlas. The boundaries of all zoning districts are hereby fixed and established as shown in the official zoning atlas, consisting of sectional maps which are identified by section, township and range. This zoning atlas is on file in the community development department and the office of the board of county commissioners of Indian River County, Florida. Each sectional map is hereby adopted and made a part of this chapter as if the matters and information set forth by said maps were fully described herein.

(2)

Interpretation of district boundaries. The boundaries of the various districts as shown in the zoning atlas and the sectional map sheets shall be determined by the boundaries as shown and outlines thereon and, when not clearly so determined, by use of the scale shown on said maps unless actual dimensions are noted. Where uncertainty exists as to the exact location of said boundaries, the following rules shall apply:

(a)

Centerline as boundaries. Where district boundaries lie on or within streets, highways, road rights-of-way or public water, the district boundaries shall be the centerline of the same.

(b)

District boundaries which bisect blocks. Where district boundary lines approximately bisect blocks, the boundaries are the median lines of such blocks between the centerline of boundary streets.

(c)

District boundaries parallel to rights-of-way. Where district boundaries are approximately parallel to a street, highway, road, alley, railroad right-of-way public water, the distance of such boundaries from the centerline thereof shall be, unless otherwise shown by dimension, the median block line.

(d)

District boundaries of lots adjacent to bodies of water. Where district boundaries are adjacent to bodies of water, the following criteria shall be applied:

1.

For lots bordering or containing lakes or other bodies of water, such lakes and bodies of water will be included in the lot size determination.

2.

Submerged bottomlands of the Indian River and St. Sebastian River will not be included in the lot size determination, but the density of the Conservation-2 district of one unit per acre, transferable to the contiguous upland portion of the lot not to exceed one hundred fifty (150) percent of the total number of units permitted on the receiving site by the land use designation, will be applied to planned developments (PDs).

(e)

District boundaries dividing parcels of land. In unplatted property or where a district boundary divides an unplatted lot, the location of such boundary, unless the same is indicated by dimensions, shall be determined by the use of a scale appearing on the district map. Where a district boundary divides a platted lot, the zone classification of the greater portion shall prevail throughout the lot.

(f)

Action in case of uncertainty. In case any further uncertainty exists, the planning and zoning commission shall interpret the intent of the district map as to location of such boundaries.

(g)

Street and right-of-way abandonments. Where a public road, street, alley or other right-of-way is officially vacated or abandoned, the regulations applicable to the property to which it reverts shall apply.

(h)

Excluded areas. Unless an area is classified on or by the official zoning atlas of Indian River County, or the appropriate classification can be established by the rules above, such area shall be considered to be classified as Agriculture-1 (A-1), unless such area is determined to be within an AG-2 or AG-3 area as designated by the comprehensive plan land use map in which case the zoning designation shall be A-2 in the AG-2 area and A-3 when in an AG-3 area, until such time as the land is rezoned by the board of county commissioners.

(i)

Amendment to the official zoning atlas. No changes or amendments to the official atlas shall be initiated, except in compliance and conformity with all procedures and requirements of this chapter and Chapter 902, Administrative Mechanisms. If in accordance with the procedures of this chapter changes are made in district boundaries or other such information portrayed on the official zoning atlas, such changes shall be made promptly after adoption of the amendment. It shall be unlawful for any person to make any unauthorized change in the official zoning atlas.

(3)

Conservation district boundaries. Boundaries of Con-1, Con-2 and Con-3 zoning districts may be depicted in the official zoning atlas based upon site specific environmental survey information. When a property designated C-1, C-2, or C-3 is the subject of an application to rezone all or a portion of the property to a district other than a conservation district, the applicant shall provide site specific environmental survey information as part of the rezoning application. The environmental survey information provided shall be adequate to determine Con-1, Con-2, or Con-3 district boundaries on the rezoning site. Specific conservation district boundaries shall be determined on a site-by-site basis, as follows:

(a)

Environmentally sensitive estuarine wetlands. The Con-2 conservation district adjacent to the Indian River Lagoon and the St. Sebastian River reflects the extent of environmentally sensitive estuarine wetlands. Specific boundaries of the Con-2 district shall be determined on a site-by-site basis by a site boundary survey. Wetland boundaries shall be determined based on the broadest delineation of jurisdictional wetland regulatory agencies.

(b)

Con-1 conservation district boundaries. The Con-1 conservation district reflects environmentally sensitive and environmentally important lands under public ownership. In cases where the boundary of the Con-1 district is under dispute, the boundary shall be verified based on the extent of public ownership. Likewise, the Con-1 district boundary as depicted in the official zoning atlas shall be periodically updated to correspond with public land acquisition or sale.

(c)

St. Sebastian River Con-3 conservation district boundaries. The boundaries of the St. Sebastian River Con-3 district shall be depicted in the official zoning atlas. The eastern boundary of the Con-3 district shall be the west right-of-way line of Roseland Road. The western boundary of the district shall be generally depicted in the official zoning atlas. The specific boundary of the Con-3 district shall be determined on a site-by-site basis by a boundary survey, based on soil types and the existence of xeric scrub vegetation as verified by county environmental planning staff, in consultation with the Florida Game and Fresh Water Fish Commission (GFC) and other appropriate agencies. Orsino fine sand or Electra sand, in combination with xeric scrub vegetation, shall be indicative of the Con-3 district. Upland areas east of the St. Sebastian River, within the generalized Con-3 boundaries, that are determined by site specific survey not to have the xeric scrub characteristics described herein, shall have an RS-1 district designation.

(Ord. No. 90-16, § 1, 9-11-90; Ord. No. 91-48, § 12, 12-4-91; Ord. No. 2012-016, § 3, 7-10-12)

(1)

Purpose and intent. The agricultural, rural fringe development, and RS-1, single-family districts, are established to implement the policies of the Indian River County Comprehensive plan for managing land that is not part of the designated urban service area of the county, as well as land within the urban service area which warrants a very low density designation, by providing areas suitable for agriculture, silviculture, and the conservation and management of open space, vegetative cover, natural systems, aquifer recharge areas, wildlife areas and scenic areas. These districts are also intended to provide opportunities for residential uses at very low densities to promote housing opportunities in the county. These districts are further intended to permit activities which require non-urban locations and do not detrimentally impact lands devoted to rural and agricultural activities. Finally, the RFD, and RS-1 districts are intended to buffer active agricultural areas from urbanization.

(2)

Districts established. The following districts are established to implement the provisions of this chapter.

A-1, A-2, and A-3 agricultural districts.

RFD, rural fringe development district.

RS-1, single-family district.

(3)

Relationship with land use map.

(a)

The agricultural and rural districts may be established in the following land use designations:

X - District permitted

- -District not permitted

(b)

The existing Agricultural-1 and rural districts may continue within the Urban Service Area when those areas are currently used for agricultural uses, serve as or enhance open space or green belt areas of the county.

(4)

Uses. Uses in the agricultural and rural districts are classified as permitted uses, administrative permit uses and special exception uses.

Site plan review shall be required for the construction, alteration and use of all structures and buildings except single-family dwellings and permitted agricultural uses.

No residential development in agriculturally designated areas shall occur unless such development is approved as a planned development and meets the requirements of section 911.14; the following activities shall be exempt from this requirement:

(a)

Construction of a single-family dwelling unit on a tract or parcel existing on October 1, 1990.

(b)

Division of a tract or parcel into two (2) lots, each meeting or exceeding the minimum lot size of the agricultural zoning district and meeting the lot split criteria of section 913.06(3); any subsequent split of such property shall require approval in accordance with subdivision ordinance Chapter 913 requirements or planned development requirements.

(c)

Division of a tract into parcels of at least forty (40) acres in size.

(d)

Division of a tract via a subdivision plat or affidavit of exemption approved in accordance with subdivision ordinance Chapter 913 requirements.

P - Permitted use

A - Administrative permit use

S - Special exception use

*See 971.44(4) to determine whether the administrative permit or special exception use process applies.

¹ The requirements of subsection 917.06(11), of the Accessory Uses and Structures Chapter, shall apply to towers.

² For wireless commercial facilities regulations, see subsection 971.44(5), Section 4 use table.

(5)

Accessory uses and structures as provided in section 917.

(6)

Size and dimension criteria:

*Note: A one-foot additional setback is required for every one (1) foot in building height over twenty-five (25) feet in building height. For example, a building or portion of a building that has a thirty-five-foot building height, as defined in the land development regulations, must have an additional ten-foot setback from any adjacent front, side, or rear property line to that portion of the building that exceeds twenty-five (25) feet in building height.

Maximum FAR (Floor Area Ratio):

• Retail trade       0.23 FAR

• Office, business/personal services, recreational, schools, institutional       0.35 FAR

• Industrial, storage, wholesale/distribution, utilities, heavy repair       0.50 FAR

(Ord. No. 90-16, § 1, 9-11-90; Ord. No. 91-7, §§ 5, 28, 2-27-91; Ord. No. 91-48, §§ 13, 14, 12-4-91; Ord. No. 92-39, §§ 7, 10, 9-29-92; Ord. No. 93-29, §§ 3C, 11B, 9-7-93; Ord. No. 94-1, §§ 1B, 2B, 1-5-94; Ord. No. 95-10, § 8B, 5-31-95; Ord. No. 96-5, § 1(A), 2-27-96; Ord. No. 97-16, § 3(1), 5-6-97; Ord. No. 97-29, §§ 1, 5(A), 12-16-97; Ord. No. 98-9, § 9, 5-19-98; Ord. No. 2000-004, § 2A, 2-15-00; Ord. No. 2000-026, § 3A, 7-18-00; Ord. No. 2000-038, § 1A, 11-21-00; Ord. No. 2001-033, § 1, 10-23-01; Ord. No. 2002-016, § 1A, 4-2-02; Ord. No. 2002-017, § 1, 4-9-01; Ord. No. 2002-031, § 1A, 11-12-02; Ord. No. 2004-003, § 1, 1-6-04; Ord. No. 2012-016, §§ 4, 7A, 7-10-12; Ord. No. 2018-023, § 1, 10-16-18; Ord. No. 2022-002, § 3, 2-1-22)

(1)

Purpose and intent. The single-family districts are established to implement the policies of the Indian River County Comprehensive Plan for managing land designated for residential uses, providing single-family housing opportunities, and ensuring adequate public facilities to meet the needs of residents. These districts are also intended to implement the county's housing policies by providing opportunities for a varied and diverse housing supply.

(2)

Districts established. The following districts are established to implement the provisions of this code:

RS-2

RS-3

RS-6

RT-6

(3)

Relationship with land use map. Single-family districts may be established in the following land use designations:

X
- District permitted

T
- District permitted when used as transition from less intense/dense development or consistent with existing development

-
- District not permitted

(4)

Uses. Uses in the single-family districts are classified as permitted uses, administrative permit uses, and special exception uses. Site plan review shall be required for the construction, alteration and use of all structures and buildings except for single-family dwellings.

P - Permitted use

A - Administrative permit use

S - Special Exception Use

¹ For wireless commercial facilities regulations, see subsection 971.44(5), Section 4 use table.

(5)

Accessory uses and structures as provided in Chapter 917.

(6)

Required improvements. All future subdivisions and site plans for development in single-family districts shall install the following improvements, designed and constructed to meet the requirements and specifications of the Code of Laws and Ordinances of Indian River County and the State of Florida.

(7)

Size and dimension criteria:

¹ Nonconforming lots of record lawfully created prior to June 18, 1991 shall meet the RS-6 yard requirements.

² In no case shall the density exceed the maximum permitted gross density.

³ Maximum building coverage for single-story detached single-family homes in RS-6 and RT-6 is forty (40) percent. For purposes of this regulation, single-story homes shall not include any habitable floor area situated more than three (3) feet above the main ground floor elevation. Maximum building coverage for all other types of buildings is thirty (30) percent in RS-6, thirty-five (35) percent in RT-6.

*Note: A one-foot additional setback is required for every one (1) foot in building height over twenty-five (25) feet in building height. For example, a building or portion of a building that has a thirty-five-foot building height, as defined in the land development regulations, must have an additional ten-foot setback from any adjacent front, side, or rear property line to that portion of the building that exceeds twenty-five (25) feet in building height.

Maximum FAR (Floor Area Ratio):

• Retail trade       0.23 FAR

• Office, business/personal services, recreational, schools, institutional       0.35 FAR

• Industrial, storage, wholesale/distribution, utilities, heavy repair       0.50 FAR

(Ord. No. 90-16, § 1, 9-11-90; Ord. No. 91-48, §§ 15, 16, 12-4-91; Ord. No. 92-39, § 11, 9-29-92; Ord. No. 93-8 § 28, 3-18-93; Ord. No. 93-29, § 5A, 9-7-93; Ord. No. 94-1, §§ 2C, 6B, 9A, 1-5-94; Ord. No. 96-5, § 1(B), 2-27-96; Ord. No. 97-16, § 3(2), 5-6-97; Ord. No. 98-9, §§ 2B, 9, 5-19-98; Ord. No. 2000-004, § 2B, 2-15-00; Ord. No. 2000-026, § 3B, 7-18-00; Ord. No. 2002-016, § 1B, 4-2-02; Ord. No. 2002-031, § 1B, 11-12-02; Ord. No. 2005-030, § 1, 9-6-05; Ord. No. 2010-001, § 1, 1-5-10; Ord. No. 2012-016, §§ 4, 5, 7B, 7-10-12; Ord. No. 2018-023, § 2, 10-16-18)

(1)

Purpose and intent. The multiple-family districts are established to implement the policies of the Indian River County Comprehensive Plan for mFSingle-familanaging land designated for residential uses, providing opportunities for multifamily residential units and ensuring adequate public facilities to meet the needs of residents. These districts are also intended to implement the county's housing policies by providing opportunities for a varied and diverse housing supply.

(2)

Districts established. The following districts are established to implement the provisions of this chapter:

RM-3

RM-4

RM-6

RM-8

RM-10

(3)

Relationship to land use map. Multiple-family districts may be established in the following land use designations:

X
- District permitted

-
- District not permitted

(4)

Uses. Uses in the multiple-family districts are classified as permitted uses, administrative permit uses, and special exception uses. Site plan review shall be required for the construction, alteration and use of all structures and buildings except single-family dwellings.

P - Permitted use

A - Administrative permit use

S - Special exception use

¹ For wireless commercial facilities regulations, see subsection 971.44(5), Section 4 use table.

(5)

Accessory uses and structures as provided in Chapter 917.

(6)

Required improvements. All future subdivisions and site plans for development in multiple-family districts shall install the following improvements, designed and constructed to meet the requirements and specifications of the Code of Laws and Ordinances of Indian River County and the State of Florida.

A.

Bikeways. The project developer shall be responsible for providing a bikeway(s) along the project site's frontage on all rights-of-way or easements if such bikeway facility is designated in the Indian River County Comprehensive Bikeway and Sidewalk Plan.

B.

Sidewalks: The project developer shall be responsible for providing a sidewalk(s) along the project site's frontage on all rights-of-way (existing or created via the project plat) and/or street easements (existing or created via the project plat) if such sidewalk facility is designated in the Indian River County Comprehensive Bikeway and Sidewalk Plan or required in the site's applicable zoning district. Five-foot wide sidewalks shall also be required on both sides of all interior streets within rights-of-way and/or easements (existing or created via the project plat). A minimum six-foot strip of irrigated, approved ground cover or sodded landscape area shall be provided between the curb and the sidewalk with canopy trees provided every fifty (50) feet.

*C.

Curbs: Curbing, or other barrier approved by the county engineer, is required to be installed between all sidewalks and adjacent interior roadways and parking areas.

*D.

Green space and/or recreation space: All multi-family developments must set aside a minimum of seven and one-half (7.5) percent of the total project site area as dedicated to green space and/or recreation space. Upland preserve, wetland areas, and created littoral zones may be credited toward this requirement. Recreation tracts shall be located, designed, constructed, maintained and operated in such a manner that minimizes adverse noise and lighting impacts on adjacent or nearby developments. For purposes of this regulation, "recreation space" may include recreational facilities and amenities such as parks, ball courts, and pools. Common spaces credited toward meeting this requirement shall be located and designed to be conveniently accessible to all project residents, and shall be sized, located, and designed to function as a project amenity such as a park, conservation area, open air recreation facility, or other similar type of amenity.

1.

Recreation tracts located within one hundred twenty-five (125) feet of the boundary of the development shall be either:

a.

Designated on a final plat, or other document recorded in the public records, as being used for passive recreation uses: no active uses, such as but not limited to basketball or tennis courts, shall be permitted on these tracts.

b.

Buffered from adjacent development boundaries with a minimum twenty-five (25) foot wide Type B (or better) buffer with a six-foot opaque feature (see Chapter 926).

2.

Any and all lighting used within recreation tracts shall be approved by the county and shall be adequately shielded to prevent lighting or glare from encroaching on to properties adjacent to or nearby the development.

*E.

Stormwater management: Open swales along the sides of internal project streets are not permitted. A stormwater management system shall be constructed in accordance with the requirements of Chapter 930. Stormwater shall be retained in a lake for all multi-family developments. Drainage swales shall be permitted only for conveyance purposes and not for capacity calculations. Dry detention may be used only in circumstances where retention in a lake conflicts with the aquifer recharge criteria, where existing trees and vegetation can be preserved in and around a dry detention area, or where approved by the public works director if warranted by soils or other site characteristics in accordance with Chapter 930 provisions and regulations.

*F.

Dedication of rights-of-way: All right-of-way areas set aside for future roadway improvements shall be landscaped, and irrigated to the edge of the paved roadway by the developer and/or homeowner's associations. Maintenance of the right-of-way areas shall be the responsibility of the developer and/or homeowner's association.

*G.

Internal pedestrian systems: Within projects an internal pedestrian system shall be provided which connects to the off-site public sidewalk/pedestrian system. The internal system shall provide five-foot wide sidewalks, or other surface approved by the county engineer, which serve each unit and internal recreation and amenity area.

*NOTE: The requirements of items C, D, E, F, and G shall not apply to legally established individual lots and parcels of record upon which no more than three (3) residential units are proposed.

(7)

Size and dimension criteria:

¹ In no case shall maximum density be exceeded

² One (1) foot additional yard for each two (2) feet in height over twenty-five (25) feet in building height shall apply. Also, the RS-6 yard requirements shall apply to RM-3, RM-4, RM-6 RM-8, and RM-10 zoned nonconforming lots of record lawfully created prior to June 18, 1991.

³ Maximum building coverage for single-story detached single-family homes in RM-6, RM-8, and RM-10 is forty (40) percent. For purposes of this regulation, single-story homes shall not include any habitable floor area situated more than three (3) feet above the main ground floor elevation. Maximum building coverage for all other types of buildings in RM-6, RM-8, and RM-10 is thirty (30) percent.

Maximum FAR (Floor Area Ratio):

• Retail trade       0.23 FAR

• Office, business/personal services, recreational, schools, institutional       0.35 FAR

• Industrial, storage, wholesale/distribution, utilities, heavy repair       0.50 FAR

(8)

Required buffer yards: Where a multi-family project in the RM-6, RM-8 or RM-10 district directly adjoins a single-family zoning district, buffer yards shall be provided along the boundary between the multifamily project and the single-family zoning district. Buffer yards shall be located in common areas or separate buffer tracts, and are required along rear/side property lines, measured at right angles to lot lines, as follows:

a.

Wall variation. Subdivision ordinance section 913.09(9)(c), design requirements for walls along roadways, shall apply in multi-family projects where walls are proposed along roadways.

(Ord. No. 90-16, § 1, 9-11-90; Ord. No. 91-7, § 33, 2-27-91; Ord. No. 91-48, § 17, 12-4-91; Ord. No. 92-39, § 12, 9-29-92; Ord. No. 93-8 §§ 2, 12, 24, 3-18-93; Ord. No. 93-29, § 5B, 9-7-93; Ord. No. 94-1, §§ 2D, 4C, 6C, 1-5-94; Ord. No. 94-25, §§ 8, 22, 8-31-94; Ord. No. 96-5, § 1(C), 2-27-96; Ord. No. 97-16, § 3(3), 5-6-97; Ord. No. 98-9, § 9, 5-19-98; Ord. No. 2000-004, § 2C, 2-15-00; Ord. No. 2000-038, § 1B, 11-21-00; Ord. No. 2002-016, § 1C, 4-2-02; Ord. No. 2002-031, § 1C, 11-12-02; Ord. No. 2006-014, § 1, 5-16-06; Ord. No. 2007-012, § 1, 3-20-07; Ord. No. 2010-001, § 2, 1-5-10; Ord. No. 2012-016, §§ 4, 6, 7C, 7-10-12; Ord. No. 2018-023, § 3, 10-16-18)

_____

(1)

Purpose and intent. The mobile home districts are established to implement the policies of the Indian River County Comprehensive Plan for managing land designated for residential use, providing opportunities for developing mobile home subdivisions and ensuring adequate public facilities to meet the needs of residents. These districts are also intended to implement the county's housing policies by providing opportunity for a varied and diverse housing supply.

(2)

Districts established. The following districts are established to implement the provisions of this chapter.

RMH-6, RMH-8

(3)

Relationship with land use map. The mobile home districts may be established in areas designated M-1, or M-2, medium density, on the future land use map.

(4)

Uses. Uses in the mobile home districts are classified as permitted uses, administrative permit uses and special exception uses. Site plan review shall be required for the construction, alteration and use of all structures and buildings except for mobile home dwellings in approved subdivisions and parks.

P - Permitted use

A - Administrative permit use

S - Special exception use

¹ For wireless commercial facilities regulations, see subsection 971.44(5), Section 4 use table.

² Allowed only on platted lots or legally created parcels not located within mobile home parks, where spaces are rented or leased, that existed prior to May 16, 2006.

_____

(5)

Accessory uses and structures as provided in Chapter 917.

(6)

Additional regulations.

(a)

Compliance with subdivision regulations (Chapter 913). All developments within the RMH-6 and RMH-8 districts shall be subdivided and platted pursuant to the provisions of the Indian River County subdivision and platting regulations (Chapter 913).

(b)

Construction standards. All mobile homes shall be constructed in compliance with specifications set forth by the National Fire Protection Association (NFPA) under the association's code of specifications for mobile homes and travel trailers and applicable state and federal regulations.

Each mobile home, trailer, or other portable living unit shall be anchored in a manner prescribed by the building code consistent with the federal department of housing and urban development standards. The minimum first floor elevation shall be at least eighteen (18) inches above the crown of the adjacent street.

All awnings, carports, principal patios and accessories to the building or accessory buildings shall be constructed in compliance with the building code of Indian River County.

(c)

Mobile home undercarriage skirting. The frame, axles, wheels, crawl-space storage area and utility connection of all mobile homes shall be concealed from view through the use of durable all-weather materials manufactured specifically for the purpose of covering the undercarriage area. Such skirting shall be fastened in accordance with manufacturer's instructions and provide for adequate ventilation.

(d)

Common vehicular storage areas. All mobile home developments within the RMH-6 and RMH-8 zoning districts shall provide for a common area for the storage of recreational equipment including boats and recreational vehicles.

1.

Screening. All storage areas shall be a minimum of thirty (30) feet from any adjacent mobile home lot line, enclosed by a security fence, and shall be screened from neighboring residences by a type "C" buffer with a six-foot opaque feature as set forth in Chapter 926, Landscaping and Buffering.

2.

Minimum area. All storage areas shall provide a minimum of one space for every ten (10) mobile homes. All stalls shall have a minimum width of twelve (12) feet and a minimum depth of thirty (30) feet, and all drives shall be a minimum of twenty-five (25) feet wide.

(e)

Buffering along development boundaries. The following buffers shall be required along the boundaries of any mobile home development:

1.

Where the adjoining land use (excluding other mobile home parks) is other similar or higher-density residential use or is a local or collector street, a thirty-foot setback with a type "C" buffer and a six-foot opaque feature as set forth in Chapter 926, Landscaping and Buffering, shall be provided.

2.

Where the adjoining land use is an arterial street, a residential use of lower density or a nonresidential use, a forty-foot setback with a type "B" buffer and a six-foot opaque feature as set forth in Chapter 926, Landscaping and Buffering, shall be provided.

3.

The areas outlined in subsections 1. and 2. above may be included as part of the respective adjacent lots, but shall not be included as part of the required minimum lot area.

(7)

Required improvements. All future subdivisions and site plans for development within the RMH-6, and RMH-8 zoning districts shall install the following improvements, designated and constructed to the requirements and specifications in the Code of Laws and Ordinances of Indian River County and the State of Florida:

(8)

Size and dimension criteria:

¹ Except that side yards for mobile home parks in existence prior to April 11, 1985, (regardless of current zoning), shall be established as follows: Every mobile home residence shall be located on a space so that no living space is closer than twenty (20) feet to any adjacent living space and no accessory structure shall be located closer than ten (10) feet to any other structure on an adjoining space. An accessory open carport or a combination open carport/storage shed structure may be located within three (3) feet of a structure on an adjoining park space if the accessory structure is on a park space having an area of less than five thousand (5,000) square feet and if the park space was lawfully established prior to site plan or permitting requirements or was created in accordance with site plan and permitting requirements in effect at the time of the park space establishment.

Maximum FAR (Floor Area Ratio):

• Retail trade       0.23 FAR

• Office, business/personal services, recreational, schools, institutional       0.35 FAR

• Industrial, storage, wholesale/distribution, utilities, heavy repair       0.50 FAR

(Ord. No. 90-16, § 1, 9-11-90; Ord. No. 91-48, §§ 18, 19, 12-4-91; Ord. No. 93-8 § 1, 3-18-93; Ord. No. 94-1, §§ 2F, 4A, 1-5-94; Ord. No. 97-16, § 3(4), 5-6-97; Ord. No. 2002-016, § 1D, 4-2-02; Ord. No. 2002-031, § 1D, 11-12-02; Ord. No. 2006-015, § 1, 5-16-06; Ord. No. 2012-016, §§ 4, 7D, 7-10-12)

(1)

Purpose and intent. The commercial districts are established to implement the Indian River County Comprehensive Plan policies for commercial development. These districts are intended to permit the development of commercial property to provide an efficient use of land and public infrastructure, promote the economic well being of the county, protect the natural resources and beauty of the county and ensure commercial development compatible with existing and proposed development.

In order to achieve this purpose, these districts shall regulate the size, scope, and location of commercial uses and provide standards to ensure development compatible with the built and natural environment.

(2)

Districts. The following districts are established to implement the provisions of this chapter:

(a)

PRO: Professional office district. The PRO, professional office district, is designed to encourage the development of vacant land and the redevelopment of blighted or declining residential areas along major thoroughfares in selected areas of the county. The selected areas will be deemed as no longer appropriate for strictly single-family use but which are not considered appropriate for a broad range of commercial uses, as permitted in a commercial zoning district. The PRO district may serve as a buffer between commercial and residential uses or be established in areas in transition from single-family to more intensive land uses. The PRO district shall be limited in size so as not to create or significantly extend strip commercial development.

In order to further encourage redevelopment, any legally nonconforming structure may continue to be utilized, and its use may be changed from one nonconforming or conforming use category to another use category permitted in the PRO district, provided the change of use of the legally nonconforming structure receives site plan approval, or any other necessary approvals.

(b)

OCR: Office, commercial, residential district. The OCR, office, commercial, residential district, is intended to provide areas for the development of restricted office, commercial, and residential activities in a manner which will be compatible with surrounding neighborhoods. The OCR district is further intended to provide land use controls for ensuring the separation of potentially incompatible activities, such as intense commercial uses, from established residential areas.

(c)

MED: Medical district. The MED, medical district, is intended to provide a variety of uses which support a major medical facility, and to protect such major medical facility from encroachment by land uses which may have an adverse effect on the operation and potential expansion of the facility. Land uses that could cause an adverse effect would generally include those uses that are likely to be objectionable to neighboring properties because of noise, vibration, odors, smoke, amount of traffic generated, or other physical manifestations.

(d)

CN: Neighborhood commercial district. The CN, neighborhood commercial district, is intended to provide areas for the development of highly restricted commercial activities to serve primarily the residents of the immediate area. The CN district is further intended to limit the intensity of commercial activities in order to ensure compatibility with nearby residential uses.

(e)

CL: Limited commercial district. The CL, limited commercial district, is intended to provide areas for the development of restricted commercial activities. The CL district is intended to accommodate the convenience retail and service needs of area residents, while minimizing the impact of such activities on any nearby residential areas.

(f)

CG: General commercial district. The CG, general commercial district, is intended to provide areas for the development of general retail sales and selected service activities. The CG district is not intended to provide for heavy commercial activities, such as commercial service uses, heavy repair services nor industrial uses.

(g)

CH: Heavy commercial district. The CH, heavy commercial district, is intended to provide areas for establishments engaging in wholesale trade, major repair services and restricted light manufacturing activities. The CH district is further intended to provide support services necessary for the development of commercial and industrial uses allowed within other nonresidential zoning districts.

(3)

Relationship with land use map. The commercial districts may be established in the following land use designations:

C/I - Commercial industrial

PUB - Public

RC - Regional commercial

¹ PRO may also be established in L-1, L-2, M-1, and M-2 land use designations.

² CN may also be established in AG-1, AG-2, AG-3, R, L-1, L-2, M-1, and M-2 land use designations.

(4)

Uses. Uses in the commercial districts are classified as permitted uses, administrative permit uses, and special exception uses. Site plan review shall be required for the construction, alteration and use of all structures and buildings except single-family dwellings.

Commercial uses and activities shall be contained within an enclosed area unless otherwise specifically allowed herein or unless allowed as an accessory or temporary use approved by the community development director.

P = Permitted use

A = Administrative permit use

S = Special exception use

¹ No industrial use shall be permitted in the CH district unless public sewer service is provided to the subject property.

² The requirements of subsection 917.06(11), of the Accessory Uses and Structures Chapter, shall apply to towers less than 70′.

³ Standards for unpaved vehicle storage lots are found in subsection 954.08(6).

⁴ Uses, such as limousine services, construction offices, and contractors trades offices shall be considered general office uses if the following conditions are met:

• All types of vehicles [reference 911.15(3)(a)) kept on site shall be limited to those types of vehicles allowed in residential areas, except that commercial vehicles completely screened from adjacent streets and properties shall be allowed to be kept on site. All commercial vehicles allowed to be kept on site shall be parked in designated paved spaces.

• The number of vehicles used for business purposes and that meet the above condition and that are kept on site shall be limited to twenty-five (25) percent of the number of parking spaces required for the office use.

• Except for vehicle parking, all uses shall be conducted within an office building.

⁵ For wireless commercial facilities regulations, see subsection 971.44(5), Section 4 use table.

(5)

Accessory uses and structures as provided in Chapter 917.

(6)

Required improvements. All future subdivisions and site plans for development in commercial districts shall install the following improvements, designed and constructed to meet the requirements and specifications of the Code of Laws and Ordinances of Indian River County, Florida.

(7)

Size and dimension criteria:

Notes:

Yards - Front Yards abutting S.R. 60 shall be seventy-five (75) feet;

Rear Yards (CH only) 0 if abutting FEC Railroad;

Side Yards (MED, CL, CG, CH) 0 if abutting a nonresidential use with interconnected parking and approved access easement 0 if abutting FEC Railroad (CH only).

Height - See section 911.15 for exceptions.

Maximum FAR (Floor Area Ratio):

• Retail trade       0.23 FAR

• Office, business/personal services, recreational, schools, institutional       0.35 FAR

• Industrial, storage, wholesale/distribution, utilities, heavy repair       0.50 FAR

*Maximum building coverage for a single story warehouse or industrial building is fifty (50) percent.

(8)

Required buffer yards:

Buffer yards are required along rear/side property lines and measured at right angles to lot lines. All screening and buffering requirements shall meet the standards established in section 926, Landscaping and buffering. No parking or loading shall be permitted within buffer yards.

When a loading dock is proposed to serve a use that normally requires frequent deliveries (e.g., grocery store, department store, big box retail), and when the loading dock is to be located adjacent to a residentially designated site, and when the loading dock will not be screened from view from an adjacent residential site by an intervening building or structure, an eight-foot high wall shall be required between the loading dock and the residential site. Wall height shall be measured from the grade elevation of the parking area adjacent to the loading dock. Plantings along the wall are required in accordance with the standards of landscape section 926.08.

(9)

Special district requirements.

(a)

PRO—Professional office district.

1.

Location and land use.

a.

The PRO district may be established in areas designated as L-1, L-2, M-1, M-2 or commercial on the future land use map.

b.

The PRO district may be established on residentially designated land if located on an arterial or collector road as identified in the comprehensive plan.

2.

District size. The PRO district shall have a minimum district size of five (5) acres and a maximum district size of twenty-five (25) acres. The PRO district may be reduced to two and one-half (2½) acres if the parcel(s) under consideration to be zoned PRO satisfies all of the following criteria:

a.

The parcel(s) abuts a commercial node or corridor; and

b.

The parcel(s) is located within a substantially developed area; and

c.

The parcel(s) is located in an area dominated by nonresidential uses.

3.

District depth. The PRO district shall have a maximum district depth of three hundred (300) feet, measured from the adjacent collector and/or arterial roadway. The maximum depth may exceed three hundred (300) feet for platted lots of record where the majority of the lot is within three hundred (300) feet of the collector on arterial roadway.

(b)

CN—Neighborhood commercial district.

1.

Land use and location. The CN, neighborhood commercial, district has been established on various sites throughout the county that are designated AG-1, AG-2, AG-3, R, L-l, L-2, M-1 or M-2 on the future land use map. No new CN neighborhood commercial districts shall be established, and no existing CN district shall be expanded.

2.

Allowable uses. Uses allowed within a neighborhood node shall be those uses allowed within the neighborhood commercial (CN) zoning district.

(Ord. No. 90-16, § 1, 9-11-90; Ord. No. 91-7, §§ 6, 8, 2-27-91; Ord. No. 91-48, §§ 20, 22, 23, 12-4-91; Ord. No. 92-11, §§ 3, 14, 24, 4-22-92; Ord. No. 92-39, § 8, 9-29-92; Ord. No. 93-8 §§ 13, 18, 3-18-93; Ord. No. 93-29, §§ 5D, 11C, 9-7-93; Ord. No. 94-1, § 2E, 1-5-94; Ord. No. 94-25, §§ 1, 13, 8-31-94; Ord. No. 96-24, § 6, 12-17-96; Ord. No. 97-16, § 3(5), 5-6-97; Ord. No. 97-21, § 4(A), 7-15-97; Ord. No. 97-29, §§ 2(A), 6, 12, 12-16-97; Ord. No. 98-9, § 9, 5-19-98; Ord. No. 99-13, § 7A, 5-5-99; Ord. No. 2000-039, § 1, 11-21-00; Ord. No. 2002-016, § 1E, 4-2-02; Ord. No. 2002-031, § 1E, 11-12-02; Ord. No. 2003-004, § 1, 2-4-03; Ord. No. 2010-017, § 1, 10-5-10; Ord. No. 2012-016, §§ 4, 7E, 8, 9, 7-10-12; Ord. No. 2015-005, § 1, 6-2-15; Ord. No. 2018-022, § 1, 9-18-18; Ord. No. 2022-014, § 2, 12-6-22)

(1)

Purpose and intent. The Industrial districts are established to implement the Indian River County Comprehensive Plan policies for Industrial development. These districts are intended to permit the development of industrial property to provide an efficient use of land and public infrastructure, promote the economic well being of the county and ensure industrial development compatible with existing and proposed development.

The industrial districts shall regulate the size, scope, and location of industrial uses and provide standards to ensure development compatible with the built and natural environment.

(2)

Districts established. The following districts are established to implement the provisions of this chapter.

(a)

IL—Light industrial district. The IL, light industrial district, is intended to provide opportunities for limited manufacturing and industrial uses and to promote the establishment of employment centers which are accessible to urban services and facilities, the area labor force, and local industrial and business markets while minimizing the potential for any adverse impacts upon nearby properties.

(b)

IG—General industrial district. The IG, general industrial district, is intended to provide areas where a broad range of industrial activities may locate and operate without significant adverse impacts upon nearby properties. The IG district is further intended to promote the establishment of employment centers which are accessible to the transportation system and other necessary urban services.

(3)

Relationship to land use maps. Industrial districts may be established in the following land use designation:

(4)

Uses. Uses in the industrial districts are classified as permitted uses, administrative permit uses, and special exception uses. Site plan review shall be required for the construction, alteration and use of all structures and buildings.

P= Permitted use

A= Administrative permit use

S= Special exception use

¹ The requirements of section 917.06(11) of the accessory uses and structures chapter, shall apply to towers less than seventy (70) feet.

² Standards for unpaved vehicle storage lots are found in section 954.08(6).

³ For wireless commercial facilities regulations, see section 971.44(5), Section 4 use table.

*See 971.44(4) to determine whether the administrative permit or special exception use process applies.

(5)

Accessory uses and structures. As provided in Chapter 917, Accessory Uses and Structures.

(6)

Required improvements. All future subdivisions and site plans for development, within the industrial districts shall install the following improvements, designated and constructed to the requirements and specifications in the Code of Laws and Ordinances of Indian River County and the State of Florida:

(7)

Buffer yard requirements. Where a nonresidential use within an industrial district directly abuts a single-family or multifamily residential zoning district or use, a landscaped buffer yard meeting the following specifications shall be required along the side and/or rear property lines.

The buffer yards shall be measured at right angles to the lot line. All screening requirements shall meet the standards established in Chapter 926, Landscaping and Buffering. No off-street parking or loading areas shall be permitted within the buffer yard.

When a loading dock is proposed to serve a use that normally requires frequent dock use (e.g. grocery store, department store, big box retail), and is to be located adjacent to a residentially designated site, and will not be screened from view from an adjacent residential site by an intervening building or structure, and eight-inch high wall shall be required between the loading dock and the residential site. Wall height shall be measured from the grade elevation of the parking area adjacent to the loading dock. Plantings along the wall are required in accordance with the standards of landscape section 926.08.

(8)

Size and dimension criteria:

*No rear yard or side yard required where the rear property line or side property line abuts a FEC Railroad.

Maximum FAR (Floor Area Ratio):

*Maximum building coverage for a single story warehouse or industrial building is fifty (50) percent.

(Ord. No. 90-16, § 1, 9-11-90; Ord. No. 91-7, § 9, 2-27-91; Ord. No. 91-23, § 5, 5-15-91; Ord. No. 91-48, § 21, 12-4-91; Ord. No. 94-25, §§ 1, 2, 14, 8-31-94; Ord. No. 97-16, § 3(6), 5-6-97; Ord. No. 97-29, § 13, 12-16-97; Ord. No. 98-9, § 9, 5-19-98; Ord. No. 2002-016, § 1F, 4-2-02; Ord. No. 2002-031, § 1F, 11-12-02; Ord. No. 2007-027, § 1, 7-24-07; Ord. No. 2012-016, §§ 4, 7F, 7-10-12; Ord. No. 2015-005, § 2, 6-2-15; Ord. No. 2016-011, § 2, 10-18-16)

(1)

Purpose and intent. The conservation districts are established to implement the policies of the Indian River County comprehensive plan for managing lands for conservation uses. These districts are intended to promote the management and protection of natural resources and systems, promote public awareness of the importance of ecologically sensitive lands, provide limited use of publicly held lands for conservation and recreational uses and limited uses of privately owned property.

(2)

Districts established. The following districts are established to implement the provisions of this code.

Con-1—Public lands conservation district.

Con-2—Estuarine wetlands conservation district.

Con-3—St. Sebastian River xeric scrub conservation district.

(3)

Relationship with the future land use maps. The conservation districts are intended for establishment in the C-1, C-2 and C-3 conservation land use designations; however, they may be established in other land use categories which contain unique environmental conditions which would warrant conservation.

(4)

Uses. Uses in the conservation districts are classified as permitted uses, administrative permit uses, and special exception uses. Site plan review shall be required for the construction, alteration, and use of all structures and buildings, except for single-family home construction and alterations on lots of record existing prior to June 18, 1991. For single-family construction and alterations on such lots of record, the provisions of 911.12(4)(e) shall apply.

No residential development in C-2 or C-3 areas shall occur unless such development is approved as a planned development. The county shall require cluster development and density transfers to limit the impact of development on conservation lands. Planned developments and clustering requirements do not apply to single-family lots along the St. Sebastian River existing prior to June 18, 1991. The following criteria shall apply to planned developments in the C-2 or C-3 areas:

(a)

The density of the project shall not exceed the maximum density of the C-2 (for wetlands) or C-3 (for xeric scrub uplands) areas, as applicable; no density transfers from off-site lands and no density bonuses shall be permitted within PD projects on C-2 or C-3 designated lands;

(b)

Lots created through the PD process shall not exceed one (1) acre in size, with the remainder of the planned development area designated as open space;

(c)

Open space areas shall be retained as natural areas; however, up to ten (10) percent of the open space area may be used for recreational purposes in C-3 areas;

(d)

Within the C-3 district, the total area of xeric scrub disturbed by a planned development project shall not exceed twenty (20) percent of the total xeric scrub area occurring on site;

(e)

All residential development in the Con-3 district shall maintain at least a one hundred-foot natural buffer consisting of undisturbed native vegetation measured from the mean high water mark of the river or fifty (50) feet from the landward boundary of jurisdictional wetlands along the river or any tributary, whichever is greater. In no case, however, with reference to existing parcels or lots of record which existed prior to June 18, 1991, shall the buffer be required to exceed fifty (50) feet for unplatted parcels or twenty-five (25) feet for unplatted lots or twenty (20) percent of the parcel or lot depth perpendicular to the applicable waterway, whichever is less.

Cross reference— See also § 929.07.

P= Permitted

A= Administrative permit use

S= Special exception

¹ All planned developments shall be reviewed and approved pursuant to the requirements of Chapter 915, Planned Development.

² For wireless commercial facilities regulations, see section 971.44(5), Section 4 use table.

* See 971.44(4) to determine whether the administrative permit or special exception use process applies.

(5)

Accessory uses and structures as provided in Chapter 917.

(6)

Size and dimension criteria:

Legally created lots of record existing prior to June 18, 1991, in the Con-2 and Con-3 districts, may be developed for one (1) single-family dwelling each, regardless of density; provided all other land development regulation provisions are satisfied. Single-family dwelling construction on these lots must meet the size and dimension requirements of the RS-1 district.

*Note: A one-foot additional setback is required for every one (1) foot in building height over twenty-five (25) feet in building height. For example, a building or portion of a building that has a thirty-five-foot building height, as defined in the land development regulations, must have an additional ten-foot setback from any adjacent front, side, or rear property line to that portion of the building that exceeds twenty-five (25) feet in building height.

Maximum FAR (Floor Area Ratio):

• Retail trade       0.23 FAR

• Office, business/personal services, recreational, schools, institutional       0.35 FAR

• Industrial, storage, wholesale/distribution, utilities, heavy repair       0.50 FAR

(Ord. No. 90-16, § 1, 9-11-90; Ord. No. 91-48, §§ 24—27, 12-4-91; Ord. No. 92-39, § 13, 9-29-92; Ord. No. 93-8 § 8, 3-18-93; Ord. No. 93-29, § 5C, 9-7-93; Ord. No. 94-1, § 2G, 1-5-94; Ord. No. 97-16, § 3(7), 5-6-97; Ord. No. 2000-004, § 2D, 2-15-00; Ord. No. 2000-026, § 3C, 7-18-00; Ord. No. 2002-016, § 1G, 4-2-02; Ord. No. 2002-031, § 1G, 11-12-02; Ord. No. 2012-016, §§ 4, 7G, 7-10-12)

The following districts are established to implement the policies of the Indian River County Comprehensive Plan for managing development of land with specialized land use designations or for application in areas which possess unique development patterns or conditions. These districts shall promote the continued and orderly development of the county and ensure adequate facilities to meet the needs of residents.

(1)

CRVP: Commercial recreational vehicle park district.

(a)

Purpose and intent. The CRVP, commercial recreational vehicle park district, is established to implement the Indian River County Comprehensive Plan policies for allocating commercial land uses. The purpose of the CRVP district is to provide areas where transient mobile homes, travel trailers, truck campers, pickup coaches, motor homes, and similar vehicles used for temporary habitation during travel, vacation, and recreation purposes can be accommodated for short periods of time. The CRVP district is intended to accommodate recreational vehicles up to a density of fourteen (14) spaces per gross acre.

(b)

Land use and location. The CRVP, commercial recreational vehicle park district, may be established in areas designated for commercial development. These areas are commercial/industrial nodes and corridors.

(c)

Uses. Uses in the CRVP, commercial recreational vehicle park district, are classified as permitted uses, administrative permit uses, and special exception uses. Site plan review shall be required for the construction, alteration and use of all structures and uses.

P = Permitted
A = Administrative permit
S = Special exception

(d)

Accessory uses and structures. In addition to the limitations established in Chapter 917, Accessory Uses and Structures, the following shall be used in evaluating accessory uses within the CRVP district.

1.

Allowable accessory uses. Management headquarters, recreational facilities, sanitary facilities, dumping stations, showers, coin-operated laundry facilities, child care facilities, and other uses customarily incidental to the operation of a recreational vehicle park and campground are permitted as accessory uses to the park.

2.

In addition to the allowable accessory uses listed above, the following commercial uses shall be permitted as accessory uses, subject to the criteria established herein: Retail sales establishments, personal service establishments, and restaurants. These restricted accessory uses shall be subject to all applicable regulations within this code, and shall further satisfy the following:

a.

Such uses and the parking areas primarily related to their operations shall not occupy more than five (5) percent of the gross area of the park.

b.

Such uses shall be restricted in their use to occupants of the park.

c.

Such uses shall present no visible evidence from any street outside the park of their commercial character which would attract customers other than occupants of the park.

d.

The structures housing such facilities shall not be located closer than one hundred (100) feet to any public street, shall not be accessible from any public street, and shall be accessible only from a street within the park.

(e)

Additional regulations.

1.

Compliance with subdivision regulations, streets and paving. All recreational vehicle parks established after the effective date of this chapter shall comply with the Indian River County subdivision and platting regulations, except as specifically stated otherwise herein, and shall record the individual recreational vehicle spaces in compliance with the standards of this Code.

2.

Required common recreation area.

a.

Minimum area required. A minimum of ten (10) percent of the gross site area of any recreational vehicle park within the CRVP district shall be devoted to open or enclosed common recreational areas and facilities, such as playgrounds, swimming pools, community buildings, ways for pedestrians and cyclists away from streets, and play areas for small children or other similar recreational areas.

b.

Design criteria for common recreation areas.

I.

Areas contained in a continuous pedestrian or cyclist circulation system which consist of permanently maintained walks and trails not less than twelve (12) feet in width leading to principal destinations on the site shall be countable as common recreation areas.

II.

Areas designated as play areas or mini-parks which contain at least one acre and have a minimum dimension of one hundred (100) feet and which are furnished with appropriate recreational equipment including but not limited to playground equipment, picnic tables, barbecue pits, and ball-playing equipment and/or facilities shall be countable as common recreation areas.

III.

If natural habitats of unique and significant value are determined to exist on the site and such areas are left undisturbed or are adequately protected from environmental degradation, the total land and water area of such habitats shall be countable as common recreation areas.

IV.

The entire area occupied by a multiple-use recreation building or facility, including attendant outdoor recreation facilities shall be countable as common recreation areas.

V.

Common recreational area shall not include streets, buffer areas, recreational vehicle spaces, storage areas, utility sites or parking areas; shall be closed to automotive traffic except for maintenance and service vehicles; and shall be improved and maintained for the uses intended.

3.

Use limitations. Structures such as carports, cabanas, screen rooms, or similar structures may be erected or constructed at any recreational vehicle site if such structures are attached to a recreational vehicle with removable attaching devices. Removal of wheels or hitch and the placement of the unit on a foundation or piers is prohibited. Pop-out units and similar equipment integral to the recreational vehicle as manufactured shall be allowed without issuance of county building permits.

4.

Permanent occupancy prohibited. No recreational vehicle shall be used as a permanent place of abode, dwelling, or business or for indefinite periods of time. Continuous occupancy extending beyond six (6) months in any twelve-month period shall be presumed to be permanent occupancy.

Any action toward removal of wheels of a recreational vehicle for temporary purposes of repair or to attach the trailer to the ground for stabilizing purposes is hereby prohibited.

5.

Stabilization of space. Each recreational vehicle space shall contain a stabilized vehicular parking pad composed of shell, marl, paving or other material approved by the county engineer.

6.

Required buffers. Along all major streets abutting a recreational vehicle park, and the other boundaries of the recreational vehicle park a minimum fifty-foot buffer yard with a type "B" landscaped buffer strip and a six-foot opaque feature as set forth in Chapter 926, Landscaping and Buffering, shall be provided.

(f)

Size and dimension criteria:

CRVP ZONING DISTRICT

¹ Note: Setbacks and separation distances for mobile homes shall be the same as those in the RMH-8 district. For RVs within unplatted RV parks, the following separation distances between RVs shall apply:

a.

Side-to-side: 10 feet.

b.

End-to-side: 8 feet.

c.

End-to-end: 6 feet.

Maximum FAR (Floor Area Ratio):

(2)

R-BCID: Blue Cypress Improvement District.

(a)

Purpose and intent. The R-BCID Blue Cypress Improvement District is designed to implement comprehensive plan policies for managing development and resource conservation within the Blue Cypress Improvement District as designated on the comprehensive plan land use map. The expressed intent of this district is to provide a regulatory framework for promoting needed improvements within the district.

The R-BCID district is intended to restrict development options in order to avoid potential adverse impacts of continued uncontrolled development. The R-BCID shall continue to accommodate residential and transient housing needs of persons desiring to pursue water-oriented recreational activities on a periodic basis. The allowable land uses are restricted to single-family dwelling units and associated accessory uses. The R-BCID is not intended for use outside specified boundaries delineated on the comprehensive plan.

(b)

Uses. Uses in the R-BCID, Blue Cypress Improvement District, are classified as permitted uses, administrative permit uses and special exception uses. No building or structure shall be erected, altered or used, except for one or more of the following. Minor site plan review shall be required for all new uses on lots that are undeveloped as of the date of this chapter pursuant to the provisions of Chapter 914, Site Plan.