This chapter, the terms and provisions contained herein shall be known as the "Single-Family Development Ordinance" of Indian River County, Florida.

(Ord. No. 90-16, § 1, 9-11-90)

The purpose and intent of this chapter is to establish regulations to protect and further the health, safety, and welfare of Indian River County residents in regards to single-family development, and to present and explain other regulations affecting properties which may be developed and used for single-family residential purposes. It is also the purpose and intent of this chapter to establish regulations in conformance with the adopted comprehensive plan and other land use regulations.

(Ord. No. 90-16, § 1, 9-11-90)

All terms used in this chapter are defined in Chapter 901.

(Ord. No. 90-16, § 1, 9-11-90)

This chapter establishes certain regulations which are found only within this chapter (912). Other regulations are presented or referenced in this chapter, although they may occur in other chapters, because such regulations affect single-family development. Thus, this chapter also functions as a reference for a range of land development regulations that apply to single-family development. The regulations contained, described or referenced within this chapter are not exhaustive. This chapter should not be construed to represent an exclusive list of all requirements applicable to single-family residential development and uses within the unincorporated area of Indian River County. In all cases, the regulations and provisions found or referenced in this chapter apply to single-family development. The regulations contained in this chapter are also applicable to duplexes on individual lots or parcels of record for the purposes of building and permitting review.

(Ord. No. 90-16, § 1, 9-11-90; Ord. No. 2025-001, § 1, 1-14-25)

(1)

Locations for single-family development. Single-family development and use is allowed in various comprehensive plan land use designated areas and within various zoning districts. Single-family residential development is allowed in the following land use plan designated areas and within the following zoning districts:

Land use plan designated areas:

C-2, Conservation-2

C-3, Conservation-3

AG-1, Agriculture

AG-2, Agriculture

AG-3, Agriculture

R, Rural

L-1, Low-1

L-2, Low-2

M-1, Medium-1

M-2, Medium-2

Zoning districts:

Con-2, Conservation; 1 unit per 40 acres

Con-3, Conservation; up to 1 unit per 2.5 acres

A-1, Agriculture up to 1 unit per 5 acres

A-2, Agriculture up to 1 unit per 10 acres

A-3, Agriculture up to 1 unit per 20 acres

RFD, Rural fringe development up to 1 unit per 2.5 acres

RS-1, Residential single-family up to 1 unit per acre

RS-2, Residential single-family up to 2 units per acre

RS-3, Residential single-family up to 3 units per acre

RS-6, Residential Single-family up to 6 units per acre

RT-6, Residential two-family up to 6 units per acre

RM-3, Residential multifamily up to 3 units per acre

RM-4, Residential multifamily up to 4 units per acre

RM-6, Residential multifamily up to 6 units per acre

RM-8, Residential multifamily up to 8 units per acre

RM-10, Residential multifamily up to 10 units per acre

R-BCID, Residential, Blue Cypress Improvement District: See special regulations, Chapter 911 (Zoning)

ROSE-4, Roseland Residential District: See special regulations, Chapter 911 (Zoning)

PRO, Professional office

OCR, Office, commercial, residential

(2)

[Uses other than single-family dwelling units.] Within the land use designations and zoning districts referenced in section 912.05(1), uses and related structures other than single-family dwelling units are allowed as either permitted, administrative approval, or special exception uses. More specific information regarding allowable uses within these districts is contained in Chapter 911, Zoning.

(3)

Accessory uses and structures.

(A)

Uses and structures accessory to a single-family dwelling may be allowed upon a property as follows:

1.

For properties that are less than one-half (½) acres in size, the cumulative floor area of all accessory structures shall be at least one (1) square foot less than the floor area of the principal single-family dwelling.

2.

For properties that are at least one-half (½) acres in size but less than one (1) acres in size, the cumulative floor area of all accessory structures shall not exceed one and one-half (1½) times the area of the principal single-family dwelling.

3.

For properties that are at least one (1) acres in size but less than 4.59 acres (200,000 square feet) in size, the cumulative floor area of all accessory structures shall not exceed two (2) times the area of the principal single-family dwelling.

4.

For properties that exceed 4.59 acres (200,000 square feet) in size, the cumulative floor area of all accessory structures shall not exceed three (3) times the area of the principal single-family dwelling.

5.

For items 1.—4. above, the floor area measurement for both the accessory structure(s) and the principal single-family dwelling shall be based on enclosed area (including enclosed garages), but not unenclosed areas such as open and screened porches, carports, terraces, and patios.

(B)

Allowable accessory structures include, but are not limited to, the following:

1.

Air conditioners and similar mechanical equipment;

2.

Docks and accessory waterfront structures (piers, observation platforms, and other similar structures);

3.

Swimming pools and related structures;

4.

Play equipment, tree houses, lights, outdoor furniture and mailboxes;

5.

Patios, terraces, porches, walkways, gazebos, decks;

6.

Walls and fences;

7.

Garages, carports;

8.

Utility buildings, workrooms, sheds;

9.

Parking areas and driveways;

10.

Sidewalks;

11.

Steps;

12.

Balconies, outside stairways;

13.

Guest cottages, servants quarters;*

14.

Satellite dishes and antennas;*

15.

Greenhouses;*

16.

Fuel tanks (noncommercial);

17.

Transmission and/or reception towers seventy (70) feet or shorter in height;*

18.

Dune crossover structures;*

19.

Tennis courts.*

*Note: These uses/structures must meet specific zoning requirements found in section 912.15 of this chapter.

(C)

Prohibited accessory structures include but are not limited to:

1.

Transmission towers over seventy (70) in height;

2.

Any structure or facility used for commercial or industrial processes or storage of stock in trade.

(4)

Temporary uses. Certain temporary uses and related structures are allowed in areas where single-family development is allowed; these are as specified in Chapter 972, Temporary Uses. Portions of those regulations are restated herein.

(A)

Temporary construction trailers, storage facilities, watchman's quarters. Temporary construction trailers, temporary construction storage facilities, and watchmen's quarters which are used temporarily in connection with construction activities may be permitted to locate in any zoning district under a temporary use permit issued by the community development director if the following requirements are met.

(1)

Temporary use permits for construction trailers and temporary construction storage facilities may be issued for temporary trailers for a period of up to one year. Upon showing of good cause, such permits may be renewed annually by the community development director. In no case shall a permit be renewed for a period of time which extends beyond the termination date of an active building permit for the project.

(2)

Construction trailers may be allowed in conjunction with construction of subdivision improvements, and in conjunction with the construction of model and display homes in subdivisions for a period of up to but not exceeding one year from the date of final plat approval.

(3)

No watchman's quarters trailers are allowed in the RFD, RS-1, RS-2, RS-3, RS-6, or RT-6 zoning districts. No construction storage facility or construction trailers exceeding two hundred sixty (260) square feet in area may be allowed in the RFD, RS-1, RS-2, RS-3, RS-6, or RT-6 zoning districts or within a single-family subdivision development, except as allowed for construction trailers in section (4) (A) (2) above.

(4)

Watchman's quarters trailers or recreational vehicles may be allowed only in the A-1, A-2 or A-3 zoning districts upon issuance of a building permit to construct a residence and temporary use permit to temporarily allow the trailer or recreational vehicle. No such watchman's quarters trailer permit shall be allowed for a period of more than one year; no extensions shall be granted.

(5)

Garage sales and yard sales. Garage sales and yard sales are allowed to be conducted from any residence, with the following restrictions:

(A)

No sale shall be conducted for more than three (3) consecutive days;

(B)

No more than three (3) sales may be conducted from any residence or site in any given calendar year; and

(C)

Garage sale signs are allowed only as specified herein. The number, size, location, and other characteristics of garage sale or yard sale signs are as follows:

1.

One (1) on-premises garage sale sign per street frontage may be maintained between the hours of 6:00 a.m. and 7:00 p.m. The sign shall not exceed four (4) square feet. Said signs shall be located outside of rights-of-way, within property lines, and shall maintain a ten-foot setback from all adjacent property lines, excepting the road right-of-way from which no setback is required.

Two (2) additional off-premises temporary signs may be placed within road right-of-way; however, no more than two (2) such signs may be placed per intersection. Such signs may be located within a road right-of-way, provided the sign is:

a.

Located at least eight (8) feet from any roadway;

b.

Constructed as a breakaway sign;

c.

No more than three (3) feet in height measured from the crown of the adjacent road, measured to the top of the sign;

d.

Displayed only when the garage sale is actually open for visitation by the public and only during the hours of 6:00 a.m. to 7:00 p.m.; and

e.

No greater than four (4) square feet in area.

No on or off premises garage sale signs shall be maintained for a period exceeding eighteen (18) days during a calendar year.

These requirements are a restatement of a section in chapter 956, sign regulations.

No permit from the planning division is required to be issued to conduct a garage sale in accordance with these regulations.

(6)

Home occupations.

(A)

Authorizations. Home occupations are permitted in any dwelling unit subject to the following provisions:

(B)

Authorized home occupations. Except as set forth in subsection (G) below, the following home occupations shall be permitted uses, subject to the requirements of this section and the respective zoning district.

1.

Artists and sculptors;

2.

Authors and composers;

3.

Dressmakers, seamstresses and tailors;

4.

Computer programming;

5.

Home crafts, such as model making, rug weaving, lapidary work, and ceramics;

6.

Office facility of a minister, rabbi, priest or other similar person associated with a religious organization;

7.

Office facility of a salesman, sales representative, or manufacturers representative, provided that no retail in person or wholesale transactions are made on the premises, and that no clients are attracted to the premises;

8.

Telephone answering services;

9.

The renting of not more than one room for rooming or boarding persons who are not transients;

10.

Similar uses which do not involve in person retail or wholesale sales transactions on the premises, employment of persons on the premises other than occupants of the dwelling, and any mass production assembly, processing, or fabrication operations;

11.

Child care service for five (5) or fewer children who are not related to the operator;

12.

Realtors;

13.

Licensed contractors.

(C)

Non-authorized home occupations. Except as set forth in subsection (G) below, the following are not permissible home occupations:

1.

Automotive repair or paint shops;

2.

Barber shops and beauty shops;

3.

Child care centers for more than five (5) children who are not related to the operator;

4.

Dog grooming services;

5.

Food service establishments;

6.

Funeral chapels, funeral homes;

7.

Giftshops;

8.

Massage parlors;

9.

Nursing homes;

10.

Medical or dental laboratories;

11.

Outdoor repair;

12.

Rental of any equipment or other items;

13.

Restaurants;

14.

Veterinary hospitals and clinics;

15.

Similar uses not strictly in compliance with this section and the spirit and intent of the zoning ordinance and the Indian River County Comprehensive Plan.

(D)

Use limitations. Except as set forth in subsection (G) below, in addition to the regulations applicable in the zoning district in which located, all home occupations shall be subject to the following limitations and requirements.

1.

Location. A home occupation shall be conducted within a dwelling which is the bona fide residence of the principal practitioner or in any building accessory thereto which is normally associated with a residential use.

2.

Merchandise. No stock in trade shall be displayed or sold on the premises.

3.

Exterior alterations. No alterations to the exterior appearance of the principal residence or premises shall be made which change the character thereof as a residence.

4.

Outdoor display or storage. No outside display of goods or outside storage of equipment or material used in the home occupation shall be permitted.

5.

Employees. No persons other than an occupant of the dwelling shall be allowed to work on the premises. Non-resident employees may be employed under the home occupation, but only for off-premise conduct of the home occupation. In such cases, no more than two (2) non-resident employees shall be allowed to park their vehicles or meet on the home occupation premises.

6.

Level of activity. The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants, and shall under no circumstances change the residential character thereof.

7.

Parking. Parking generated by the conduct of such home occupation shall be met off the street.

8.

Equipment processes. No equipment or process shall be used in such home occupations which creates noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal senses off the premises. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises.

9.

Signs. No signs accessory to such home occupation shall be displayed except as permitted or authorized by applicable county sign regulations.

10.

Licenses, permits. A home occupation shall be subject to all applicable licenses and permits.

(E)

Application and fees. Except as set forth in subsection (G) below, any person desiring to establish a home occupation, as authorized herein, shall submit an application for a home occupation permit to the planning division. The application shall be on a form provided by the planning division and shall include all information required for a complete application. All such applications shall also be accompanied by a fee, as established by the board of county commissioners. Applications shall be approved, approved with conditions, or denied by the community development director.

(F)

Appeal of community development director decisions. The community development director's decision on a home occupation application may be appealed within ten (10) working days of the date the decision is rendered. Any appeal may be made by an applicant or affected party. Any valid appeal must be received in writing by the planning division within ten (10) working days of the director's decision. The appeal shall state what aspect of the decision is being appealed and the reasons for and justification for the appeal with specific reference to the regulations and requirements of this subsection. The appeal shall be heard by the planning and zoning commission. Decisions of the planning and zoning commission may be appealed to the board of county commissioners. The appeal process is also defined in Chapter 902 of the land development regulations.

(G)

A home occupation that operates from a residential property as provided below:

1.

May operate in an area zoned for residential use.

2.

Shall be subject to any prohibitions, restrictions, regulations, or license requirements as set forth for similar businesses under the county land development regulations.

3.

Is subject to the applicable business taxes under F.S., ch. 205.

4.

A home occupation is otherwise exempt from the requirements of the county land development regulations pertaining specifically to home occupations, if it operates, in whole or in part, from a residential property and meets the following criteria:

a.

The employees of the home occupation who work at the residential dwelling must also reside in the residential dwelling, except that up to a total of two (2) employees or independent contractors who do not reside at the residential dwelling may work at the home occupation. The home occupation may have additional remote employees that do not work at the residential dwelling.

b.

Parking related to the business activities of the home occupation complies with the county land development regulation requirements and the need for parking generated by the home occupation may not be greater in volume than would normally be expected at a similar residence where no business is conducted. Vehicles and trailers used in connection with the home occupation must be parked in legal parking spaces that are not located within the right-of-way, on or over a sidewalk, or on any unimproved surfaces at the residence.

c.

As viewed from the street, the use of the residential property is consistent with the uses of the residential areas that surround the property. External modifications made to a residential dwelling to accommodate a home occupation must conform to the residential character and architectural aesthetics of the neighborhood. The home occupation may not conduct retail transactions at a structure other than the residential dwelling; however, incidental business uses and activities may be conducted at the residential property.

d.

The activities of the home occupation are secondary to the property's use as a residential dwelling.

e.

The business activities comply with the county land development regulations or state regulations with respect to signage and equipment or processes that create noise, vibration, heat, smoke, dust, glare, fumes, or noxious odors.

f.

All business activities comply with any relevant local, state, and federal regulations with respect to the use, storage, or disposal of any corrosive, combustible, or other hazardous or flammable materials or liquids.

(7)

Special uses.

(A)

General description of use categories. All properties in the unincorporated area of the county are located within one or more zoning districts, as shown in the official county zoning atlas (original and copies kept in the planning division). The zoning district regulations of Chapter 911 of the land development regulations specify what uses are allowed in any given zoning district. Uses that are allowed are classified in one of three (3) ways: "permitted," "administrative permit," or "special exception."

1.

Permitted uses are the types of uses found throughout the zoning district which are allowed "by right" upon meeting the applicable land development criteria. General development standards apply.

2.

Administrative permit uses are considered appropriate in the zoning district upon meeting specific development criteria, as well as general development standards. Administrative permit uses must be approved by the planning and zoning commission.

3.

Special exception uses are those uses most closely scrutinized for the appropriateness of the use and the intensity, characteristics, and specific location of the use. Special exception uses must meet specific development criteria, as well as general development standards, and must be considered by the planning and zoning commission and approved by the board of county commissioners at public hearings.

The specific development criteria that apply to administrative permit and special exception uses are specified in Chapter 971, Regulations for Specific Land Uses.

(B)

Specific administrative permit and special exception uses. The many zoning districts which allow single-family development allow various uses by administrative permit and special exception approval, as established in Chapter 911, Zoning.

(Ord. No. 90-16, § 1, 9-11-90; Ord. No. 91-7, §§ 12, 13, 2-27-91; Ord. No. 91-48, § 34, 12-4-91; Ord. No. 99-13, § 8, 5-5-99; Ord. No. 2012-016, §§ 13, 14, 7-10-12; Ord. No. 2017-002, § 5, 3-7-17; Ord. No. 2021-010, § 3, 8-17-21; Ord. No. 2023-13, § 2, 9-26-23)

No property may be built upon unless it was legally created, in conformance with the subdivision ordinance (Chapter 913) and the applicable zoning district lot dimensional standards found in Chapter 911, Zoning.

(1)

Determination of legal parcel creation. A parcel shall be determined to be legally created in compliance with the regulations of this chapter if the parcel meets one or more of the following:

(A)

The parcel was created under an applicable exemption set forth in section 912.06(2) below; or

(B)

The parcel is part of an approved subdivision plat recorded in the official plat book sections of the public records; or

(C)

The parcel was created as part of an approved affidavit of exemption as provided for in the affidavit of exemption section 913.06(5); or

(D)

The parcel was created in such a manner that does not constitute an unlawful activity as specified in section 912.06(3) below;

No building permit shall be issued for construction of any improvements on a parcel that was not legally created in compliance with these regulations.

(2)

Exemptions. The following activities shall be exempt from the provisions of this chapter:

(A)

Creation of equal or larger building sites from lots of record.

1.

The combination or recombination of all or a portion of previously created and parcels of record where the newly created and resulting parcels comply with all applicable zoning district dimensional criteria or, where applicable, the regulations governing nonconformities.

2.

The combination or recombination of all or a portion of previously platted parcels of record are exempt where none of the newly created or residual parcels contain less area, width or depth than the smallest of the original parcels of record being combined and no streets of any kind or public easements are created, changed or extinguished.

(B)

Boundary settlements. Any conveyance between adjoining landowners if:

1.

The purpose of the conveyance is to adjust or settle the common boundary line between adjoining landowners;

2.

The deed of conveyance or other legal instrument states such purpose and is recorded in the official records of Indian River County; and

3.

The resulting parcel(s) conform to the applicable zoning district dimensional criteria.

(C)

Conveyance to government. Any division of land for the purpose of conveying land to any federal, state or local government entity or agency or public utility, provided such conveyance is accepted by the grantee by an instrument recorded in the public records of Indian River County.

(D)

Division by order of court. Any division of land by order of a court of competent jurisdiction.

(E)

Corrective instrument. Any conveyance for the purpose of correcting an error made in the language used in an original conveyance.

(F)

Forty (40) acre tracts. Any division of land where all parcels resulting from the division contain forty (40) acres of land or more and no public easements or streets are created. When the tract prior to dividing is a size which is not an even multiple of forty (40) acres, a fractional breakdown resulting in lots of equal size which are larger than thirty-eight (38) acres also qualifies for the exemption.

Notwithstanding this exemption for the creation of parcels forty (40) acres or greater in size, any proposal or aggregate proposals to create fifty (50) or more parcels forty (40) acres or greater in size shall be deemed to constitute a subdivision and shall require approval as a subdivision. All provisions of this chapter shall apply.

(G)

Platting of a portion of a tract. Platting of a portion of a parcel or tract, under the terms and procedures of Chapter 913, Subdivisions and Platting, shall not constitute a splitting of that parcel or tract.

(3)

Unlawful activity. It shall be unlawful and subject to the penalties provided herein for any person to:

(A)

Create a subdivision without first complying with the provisions of this chapter and filing a plat approved by the board of county commissioners unless exempt under section 912.06(2) above. The dividing of land into two (2) or more parcels without filing a plat under the provisions of this chapter, where the land divided was the result of a previous division of land into two (2) or more parcels which occurred after July 23, 1983, is prohibited.

(B)

Divide property by any means for the purpose of sale or transfer of title unless each of the resulting parcels has at least the minimum area, width and depth requirements prescribed by the zoning regulations and land use plan of Indian River County as applied to the lots created, unless exempt under section 912.06(2) above.

(C)

Divide property after December 8, 1973 by any means where a resulting lot does not have frontage on: a dedicated public right-of-way, a private platted right-of-way (street), or a roadway historically and currently maintained by the county, as referenced on the county road grading map, of at least:

1.

Sixty (60) continuous feet, unless exempted under section 912.06(2), or unless the lot fronts upon a cul-de-sac or curve and meets the requirements of section 913.09(6)(C), for properties located within the A-1, A-2, A-3, Con-2, Con-3, RFD and RS-1 zoning districts;

2.

The minimum lot width of the zoning district applicable to the lot(s) created for properties located within zoning districts other than those referenced in the above paragraph 1., unless exempted under section 912.06(2), or unless the lot fronts upon a cul-de-sac or curve and meets the requirements of section 913.09(6)(c).

Access, ingress/egress, or other easements shall not be deemed to constitute a publicly dedicated road right-of-way unless previously dedicated to and accepted by the county. Private access easements shall be considered "private platted rights-of-way (street)" for purposes of this section, if:

a.

The physical roadway located within the easement(s) existed prior to the county's road frontage requirement (December 8, 1973). The alignment of the physical roadway may be shifted from its 1973 location if the roadway remains in the same general location and retains its 1973 beginning and ending points; and

b.

The physical roadway has a passable width for two-way traffic meeting county local road standards (twenty (20) feet for single-family development); and

c.

A notarized letter, acceptable to the county attorney's office in regard to form and legal sufficiency, from the person or entity responsible for road maintenance is filed with the county and recorded in the public records, indicating the person or entity responsible for maintenance and the method of maintenance performed; and

d.

The person(s) proposing the lot split files for and obtains administrative approval from staff, verifying that requirements are satisfied regarding private road right-of-way frontage.

Note: Parcels created between September 21, 1990 and December 4, 1991 are subject to the sixty (60) contiguous feet (rather than a minimum lot width) frontage requirement, regardless of the zoning district in which the property is located.

(D)

Commence the construction of any improvements required under the provisions and requirements of Chapter 913, Subdivisions and Plats, without first having obtained a land development permit from Indian River County or fail to construct or maintain improvements in accordance with an approved land development permit, plat approval or requirements of this chapter.

(E)

Create a public or private right-of-way (street) without platting in accordance with the applicable provisions of this chapter.

(F)

Divide any lot or tract in a platted subdivision that was approved by the board of county commissioners of Indian River County in a manner which results in a construction-site smaller than or inconsistent with the surrounding lots in the subdivision unless approved by the board of county commissioners.

1.

Any request to divide a lot or tract in such a manner shall be reviewed and considered as follows:

a.

The technical review committee (TRC) shall review the request and make a recommendation to the planning and zoning commission;

b.

The planning and zoning commission at a public hearing shall review the request and make a recommendation to the board of county commissioners;

c.

The board of county commissioners at a public hearing shall review the request and approve, approve with conditions, or deny the request.

2.

Written notice of the public hearings shall be mailed certified to each owner of property in the subdivision at least fifteen (15) days in advance of the hearing.

3.

Prior to approval of a lot split, the board of county commissioners shall determine that:

a.

No substantial negative neighborhood impacts are anticipated as a result of the split or subsequent similar neighborhood lot splits;

b.

The resulting lots conform to the applicable county zoning requirements and state regulations;

c.

The resulting lots are buildable under current regulations;

d.

No substantial adverse impacts on existing infrastructure are anticipated, as the result of the split or subsequent similar neighborhood lot splits, via the resulting increase in density of intensity of use;

e.

The impacts of the split or potential splits will not degrade adopted levels of service to unacceptable levels, pursuant to the provisions of Chapter 910, Concurrency Management;

f.

The applicant certifies that he knows of no recorded deed restrictions or covenants which would prohibit the division or splitting of the lots.

These provisions are edited and restated from subsections of section 913.06 of the subdivision ordinance.

(Ord. No. 90-16, § 1, 9-11-90; Ord. No. 94-25, § 25, 8-31-94; Ord. No. 99-13, § 9A, 5-5-99; 2018-017, § 1, 9-18-18)

Many factors limit where a residence or other buildings and structures may be erected or placed on a property. These factors include (but are not limited to) zoning setbacks; easements; road rights-of-way; access and driveway location regulations; wetlands regulations; and tree protection, tree removal, and landclearing regulations.

(1)

Setbacks. Setbacks are areas measured perpendicular to property lines within which no improvements may be located except as allowed in section 912.07(1)(b)6. below. Setbacks are applied to every property in the unincorporated area of the county, and are established in every zoning district.

(a)

All zoning districts require setbacks for front, rear, and side yards. After verification from the planning division, a parcel's setbacks can be determined based upon the zoning district setbacks applied to the parcel and the yard configuration of the parcel. Yard configurations vary. Corner lots that have frontage on two (2) streets have two (2) front yards.

(b)

Special setbacks exist for various structures in various locations.

1.

S.R. 60: All developments abutting S.R. 60 shall setback seventy-five (75) feet from the S.R. 60 right-of-way. This seventy-five-foot setback shall not apply to individual lots of record lawfully created prior to October 9, 1992 having a depth of one hundred fifty (150) feet or less as measured from S.R. 60 road right-of-way.

2.

Coastal construction control line (CCCL) and dune stabilization setback line (DSSL): Along the Atlantic Ocean, special building setbacks and dune vegetation protection lines have been established where building and clearing are prohibited or restricted. Further information can be found in Chapter 932, Coastal Management.

3.

Jungle Trail protected area: Special building setbacks and vegetation protection areas have been established along the entire length of the Jungle Trail, located on the western portion of the north barrier island. The planning division should be contacted for further information on Jungle Trail setbacks.

4.

St. Sebastian River and Indian River: In accordance with regulations from Chapter 929, Upland Habitat Protection, the following apply to parcels on the St. Sebastian and Indian rivers:

a.

A fifty-foot shoreline protection buffer for unplatted parcels, and a twenty-five-foot buffer for existing platted lots is established on land parcels bordering the St. Sebastian River or the Indian River Lagoon Aquatic Preserve, measured from the mean high water line is required. In no case, however, with reference to existing parcels or lots of record, shall the buffer exceed twenty (20) percent of the parcel or lot depth perpendicular to the applicable waterway.

b.

Within the shoreline protection buffer, no development shall be permitted with the exception of docks, boat ramps, pervious walkways and elevated walkways which provide the property owner with reasonable access to the waterway.

(I) No more than twenty (20) percent or twenty-five (25) feet, whichever is greater, of any shoreline may be altered for reasonable access. Native vegetation in the remainder of the shoreline protection buffer shall remain unaltered, except as may be allowed through county trimming regulations.

c.

Shoreline alteration shall be prohibited, unless it is in the public interest or prevents or repairs erosion damage, or provides reasonable access to the water, does not adversely impact water quality, natural habitat or adjacent shoreline uses, and is permitted by all applicable jurisdictional regulatory agencies. Any native vegetation removed in such instances, except as may be allowed in Chapter 929, shall be relocated or replaced on-site with vegetation comparable in type and amount.

5.

Required corner visibility.

a.

Location. On every corner lot, the triangle formed by the street lines of such lot and a line drawn between points on such street lines which are thirty (30) feet from the intersection thereof shall be clear of any structure or planting of such nature and dimension as to obstruct lateral vision; provided that this requirement shall generally not apply to the trunk of a tree, (but shall apply to branches and foliage), or a post, column or similar structure which is not greater than one foot in cross section or diameter. In addition, when applicable, all sight distance requirements of the Indian River County landscape chapter shall also be maintained.

b.

Vertical clearance. Such lateral vision shall be maintained between a height of thirty (30) inches and ten (10) feet above the average elevation of the existing surface of both streets measured along the centerlines adjacent to the visibility triangle.

6.

[Setbacks for certain types of structures.] Setbacks for certain types of structures are reduced or waived, in accordance with the "yard encroachment" provisions of chapter 911, Zoning. The following yard encroachments are allowed.

a.

Structural overhangs. Cornices, awnings, eaves, gutters or other similar structural overhangs, at least seven (7) feet above grade, may extend up to four (4) feet into any required yard, provided that no such overhang shall extend to within six (6) feet of any property line.

b.

Sills and belt courses. Sills, belt courses and similar ornamental features may extend six (6) inches into any required yard.

c.

Air conditioners, pool heaters and similar mechanical equipment. Air conditioning equipment, pool heaters, sprinkler system controls and similar mechanical equipment (including utility pad mounted equipment) may project into any required yard provided that the equipment is mounted adjacent to the building.

In order to minimize potential noise nuisance to adjacent properties, air conditioners, pool heaters and similar mechanical equipment in planned developments and small-lot subdivisions with reduced yard setbacks shall be:

• Located adjacent to a garage or other non-living area, and not located adjacent to an outdoor living area such as a porch or patio; or

• Located at least ten (10) feet from all property lines; or

• County-approved as a "quiet" low decibel model unit or installed with a county-approved sound barrier or other county-approved noise-mitigating improvement.

d.

Fire escapes, outside stairways, balconies, chimneys and other similar appurtenances. Open or enclosed fire escapes, outside stairways, balconies, and chimneys and flues may project up to four (4) feet into any required yard, provided such projections shall not unduly obstruct light and ventilation.

e.

Docks and accessory waterfront structures. Docks and other permitted accessory waterfront structures are allowed within required yards, excluding required side yards.

f.

Swimming pools and related structures.

(I)

Swimming pools. No swimming pool shall be located closer than ten (10) feet to any rear property line or within any easement for utilities, drainage or access.

(II)

Special yard situations.

a.

On corner lots with one (1) yard which abuts a road right-of-way classified as an arterial road on the county's thoroughfare plan map, no swimming pool shall be located closer than ten (10) feet to the property line abutting the arterial road, or within any easement for utilities, drainage, or access, provided that the yard adjacent to the arterial road is not the yard providing the main entrance to the lot.

b.

On lots where no rear yard, as defined in chapter 911, Zoning, exists having a width at least one-half (½) the applicable minimum lot width, one (1) side yard or side yard area may be designated by the property owner as a "rear yard" for the purposes of applying the regulations contained within this section.

(III)

Pool decks and patios. No deck or patio constructed in conjunction with any swimming pool shall be located within an easement or closer than five (5) feet to any property line.

(IV)

Pool enclosures. No screen enclosures for swimming pools shall be located within an easement or closer than ten (10) feet to the rear property line on interior or corner lots. For purposes of this paragraph, yards which are not adjacent to the main entrance of the lot, but which abut a road classified as an arterial road on the county's thoroughfare plan map shall be considered rear yards. Pool enclosures shall not encroach on the required rear yard on either double frontage lots or corner lots if the rear yard abuts or faces the front yard providing the main entrance to another lot.

g.

Play equipment, lights, outdoor furniture. Play equipment, wires, lights, outdoor furniture, mailboxes, ornamental entry columns and gates, and outdoor equipment are allowed within required yards.

h.

Unenclosed porches, steps and paved terraces. An unroofed porch, steps or paved terrace area may project into the front yard for a distance not to exceed ten (10) feet.

i.

Walls and fences. Fences and walls are allowed within required yards, subject to the provisions of Chapter 917, Accessory Uses and Structures.

j.

Utility buildings. Utility buildings or sheds of one hundred (100) square feet or less may be located within a required side or rear yard, provided a minimum of five (5) feet is maintained from the side or rear property line and the utility building or shed is clear of all easements. Only one such utility building or shed may be allowed to encroach into a required yard on a single lot or parcel of land. A utility building or shed (one hundred (100) square feet or less) that is to be located to within five (5) feet of a side or rear property line shall be located no closer than ten (10) feet to the principal structure and shall not exceed the height of the principal structure. (Refer to chapter 917 regulations for accessory storage buildings.)

k.

[Driveways on single-family lots.] On single-family zoned lots, driveways must be located a minimum of five (5) feet from the nearest side lot line at the point of intersection with the right-of-way. Driveways may come within two (2) feet of a side or rear lot line, subject to the above referenced five-foot minimum setback at the right-of-way line. On corner and other multi-frontage lots, driveways may come within two (2) feet of a rear lot line, subject to the above referenced five-foot minimum setback at the right-of-way line. Common or shared driveways may be located across lot lines and within sideyard setbacks when located within recorded cross-access easements.

l.

Sidewalks. Sidewalks, pedestrian paths, and recreational courts and similar on-grade improvements formally shared between owners of abutting properties, may encroach within required yards.

m.

Planters. Planters for flowers and shrubs may be extended up to four (4) feet into any required yard setback provided that the planter is constructed in a manner contiguous to the building.

n.

[Exemptions.] The following structures shall be exempted from the minimum yard requirements: underground utility equipment, clothes lines, flag poles, mailboxes, police call boxes, traffic signals, fire hydrants, light poles, or any similar structure or device as approved by the community development director.

o.

[Dune crossover structures.] Dune crossover structures serving one (1) parcel shall be allowed to be located to within five (5) feet of a side property line. Crossover structures shared by two (2) adjacent parcels may be located on and over the common boundary between the two (2) parcels if located in a common beach access easement. No crossover structure shall be allowed to be located within any easement other than a beach access easement.

p.

Screening enclosures, patios, and decks. No screening enclosures, patios, or decks shall be located closer than five (5) feet to any rear property line or within any easement for utilities, drainage, or access.

q.

Compost piles. Compost piles are allowed to be located within rearyard setback areas but may not be located within easements unless written consent is granted

r.

Tennis courts. Tennis courts shall not encroach into any required yards. They must meet or exceed the minimum building setback for the applicable zoning district, unless the court is formally shared by owners of abutting properties in which case no setback is required.

s.

Building entry/exit landings. A building entry/exit landing located adjacent to a building may project up to five (5) feet into any required yard but shall not project into an easement.

t.

Generators and associated above ground fuel tanks (permanent facilities).

(I)

Above ground fuel tanks having a capacity in excess of five hundred (500) gallons are subject to the requirements of 917.06(1).

(II)

A generator or above ground fuel tank not located within five (5) feet of a building may be located no closer than ten (10) feet from a side or rear property line.

(III)

Where allowed by applicable building and fire codes, a generator or fuel tank located within five (5) feet of a building may be allowed within five (5) feet of any side or rear property line. For a legally created lot of record that is less than seventy (70) feet wide, a generator or fuel tank may be located no closer than two and one-half (2.5) feet from a side or rear property line where allowed by applicable building and fire codes.

(IV)

A generator or above ground fuel tank may be allowed to encroach up to five (5) feet into a required front yard setback.

(V)

Generators and above ground tanks shall be screened from adjacent neighboring side and rear yards by a four (4) foot opaque feature which may consist of existing or planted vegetation, a wall, a fence, or other improvements approved by the planning division.

(VI)

No generator or fuel tank (above ground tank or below ground tank) shall be located within a public right-of-way or drainage and/or utility easement.

7.

The thirty-five-foot height limitation stipulated in the single-family zoning districts shall not apply to the following, provided that no such structure exceeds the height limits for airport approach areas, as established in paragraph a. below:

Church steeples and spires;

Chimneys;

Flag poles;

Silos;

Windmills;

Aircraft control towers and navigational aids;

Utility transmission towers;

Solar energy collectors;

Transmission and receiving towers; and

Similar structures.

Any radio, television or microwave transmission or receiving tower which is greater than seventy (70) feet in height shall only be allowed subject to the criteria established for such towers in Chapter 971, Specific Land Use Criteria.

Note: Special height limitations and setback criteria for towers are addressed in section 912.15.

a.

Airport approach areas. No structure shall be erected which would encroach into or through any established public or private airport approach plan, prepared in accordance with the criteria established by the Federal Aviation Administration, including the approach and zoning plan for any airport or airstrip which may currently exist or be created in the future.

b.

Height limitations.

1.

No structure shall be erected which would conflict with the airport zoning ordinance height regulations of section 911.17(4)(a).

2.

Parapet walls located at the building roof-top edge may extend no more than five (5) feet above the building height limitation (thirty-five (35) or forty-five (45) feet, as applicable).

3.

Other than the parapet wall provision referenced in 911.15(1)(b)2. above, roof-top structures such as screen walls, elevator shafts and enclosures; stairways and enclosures; and similar structures shall be set back from the building roof-top edge two (2) feet horizontal distance for every one (1) foot of vertical rise above the applicable building height limitation.

(2)

Easements. An easement is the right of a person, governmental agency, or public or private utility to use public or private land owned by another for a specific purpose. There are many different types of easements; these include: access, utilities, drainage, buffering, and others. Generally, construction is prohibited within most easements; in some cases construction is allowable over easements.

(a)

Easements count toward required setback area. Setbacks may "overlap" easement areas; easements may be counted as setback area.

(b)

Easements may be released (abandoned) if their function is no longer necessary and if no potential future use is needed.

(c)

Covenants for removal of structures within an easement may be approved, to permit the construction of a fence, or other structure, with the provision that the structure is removed at the owner's expense if necessary.

In such covenants, the property owner acknowledges that the construction is at the sufferance of the easement holder and that the constructed improvement may be removed by the easement holder without penalty or expense. More specific information is contained in Chapter 917, Accessory Uses and Structures.

(3)

Road rights-of-way. Road right-of-way is a strip of land within which road, sidewalk or bikeway, drainage, and utilities are or will be located. Front yards abut road rights-of-way. Along county roads having deficient right-of-way, right-of-way expansion can have a great effect upon where new development should be located on adjacent parcels. The more significant road right-of-way deficiencies exist along the county's major thoroughfare, listed as follows:

Major Arterials:

S.R. A.1.A.

I.R. Blvd.

I-95

C.R. 512

C.R. 510

S.R. 60

17th St.

27th Ave.

58th Ave.

Minor Arterials:

Roseland Rd.

43rd Ave.

66th Ave.

82nd Ave.

69th St.

53rd St.

41st St.

12th St.

4th St.

17th St. S.W.

Collectors:

Old Dixie

20th Ave.

74th Ave.

90th Ave.

98th Ave.

73rd St.

65th St.

61st St.

57th St.

49th St.

45th St.

37th St.

33rd St.

26th St.

16th St.

8th St.

1st St. S.W.

5th St. S.W.

13th St. S.W.

21st S.W.

Applicants for single-family residences are strongly encouraged to set back residences and other permanent structures from road rights-of-way a distance that is sufficient to accommodate ultimate setbacks from future, expanded road rights-of-way, and thus avoid future nonconformities under the land development regulations that could restrict future expansion or rebuilding plans.

(4)

Access and driveway regulations.

(a)

Any application to construct a single-family residence shall include the location of the driveway(s). Said driveway shall provide access to the residence and to the off-street parking area(s).

1.

For any single-family residence proposed to be constructed, the driveway(s) shall have a minimum width of eleven (11) feet in the area where the driveway is within the right-of-way.

(b)

On single-family parcels having frontage on more than one roadway, access shall be restricted to the roadway having the lower functional classification.

1.

Where new residences are constructed or carports or garages are constructed on single-family parcels where access is restricted as provided in 4.(b) above, garages and carports shall be designed and oriented so as to be accessed by legal, conforming, and approved driveways.

2.

Right-of-way permits are required for connecting a driveway(s) to either a county or a state road.

The applicable county or state standards must be satisfied.

(5)

Wetlands regulations. Wetlands regulations restrict or prohibit development within wetland areas, which generally consist of water bodies, impoundments, or areas inundated by water for a period of time. Wetlands may be close to or connected to a waterbody or "isolated." Generally, the following activities within wetlands are subject to regulations and restrictions [restated from Chapter 928, Wetlands and Deepwater Habitat Protection].

(a)

No activity shall be allowed that results in the alteration, degradation, or destruction of wetlands or deepwater habitats except when:

1.

Such an activity is necessary to prevent or eliminate a public hazard, provided wetland and deepwater habitat functional loss is unavoidable and minimized;

2.

Such an activity would provide direct public benefits which would exceed the loss of wetland or deepwater habitat functions and values, provided there is a public need, and wetland and deepwater habitat functional loss is unavoidable and minimized; or

3.

Such an activity is proposed for wetlands or deepwater habitats in which the functions and values currently provided are significantly less than those typically associated with such habitats and cannot be reasonably restored, and preservation of the habitat is not in the public interest.

(b)

Mitigation shall be required for any activity that results in the alteration, degradation, or destruction of wetlands or deepwater habits, as provided for in Chapter 928.

(6)

Tree protection, tree removal, land clearing, and landscape regulations. Tree protection, tree removal, land clearing, and landscape regulations affect the development and maintenance of single-family parcels.

(a)

Mangroves and dune (Atlantic Ocean beach area) vegetation may not be removed, cleared, or trimmed without a special permit issued by the planning division.

(b)

[Vegetative conservation.]

1.

No vegetation or trees may be cleared or removed within established conservation easements, without a special permit issued by the planning division.

2.

For the proposed development of a single-family residence on a parcel five (5) acres or larger, a native upland vegetation conservation easement deeded to the county may be required. Any application to construct a single-family residence on a parcel five (5) acres or larger shall be reviewed by environmental planning staff to determine the aerial extent of native upland vegetation communities on site, if any. If an area of native vegetation is determined to exist then either a conservation easement, or off-site preservation, or a fee-in-lieu of easement shall be provided by the applicant to the county prior to building permit issuance in accordance with section 929.05 of the land development regulations.

(c)

Protected trees or specimen trees shall not be removed from lots or parcels over one-quarter (¼) acre (ten thousand eight hundred ninety (10,890) square feet) in size without a tree removal permit issued by the planning division. A protected tree is a "tree having a diameter-at-breast-height (dbh) of four (4) inches or more, but not including "specimen trees," as defined in County Code Section 927.04. Cabbage palms (Sabal palmetto) with ten (10) feet or more of clear trunk, regardless of dbh, are protected trees. Protected trees shall also include each tree, regardless of the dbh of the individual tree, within a significant grouping of trees of West Indian or tropical origin. The following trees, regardless of size or location, and any other trees listed on the Florida Exotic Pest Plant Council's most current list of Invasive Species, shall not be considered to be protected trees:

Casuarina spp. - Australian pine

Enterolobium cyclocarpum - Earpod

Melia azedarach - Chinaberry

Schinus terebinthifolius - Brazilian pepper tree

Melaleuca quinquenervia - Melaleuca, punk or paper tree

Cupania anacardioides - Carrotwood

Citrus trees of all varieties shall not be considered protected trees."

(d)

Exemptions from county tree protection, tree removal, and land clearing regulations include the following:

1.

The removal, trimming, pruning or alteration of any unprotected tree or other vegetation as necessary for:

a.

The clearing of a path not to exceed four (4) feet in width to provide physical access of view necessary to conduct a survey or site examination for the preparation of subdivision plats, site plans, or tree surveys. Under this permit exemption, no disturbance shall occur to protected trees or specimen trees, or to the critical root zones of protected trees or specimen trees.

b.

The clearing of a path not to exceed ten (10) feet in width to provide vehicular access necessary to conduct soil percolation and/or soil bore tests on a property, provided such clearing or removal is conducted under the direction of a Florida registered surveyor or engineer. Under this permit exemption, no disturbance shall occur to protected trees or specimen trees, or to the critical root zones of protected trees or specimen trees.

c.

The removal, pruning, trimming or alteration of any tree, not classified as protected or specimen, or vegetation for the purpose of maintaining existing access to a property.

2.

Routine landscape maintenance such as trimming or pruning of protected trees, specimen trees, or other vegetation, mowing of yards or lawns, or undertaking any other landscaping or gardening activity which is commonly recognized as routine maintenance or replacement. This exemption shall be construed to allow routine maintenance of dune vegetation growing seaward of the coastal construction control line, provided sufficient documentation evidencing express permission for such activity from the Bureau of Beaches and Coastal Systems of the Florida Department of Environmental Protection.

3.

The removal, trimming, pruning or alteration of any tree or vegetation in an existing utility easement or right-of-way, provided such work is done by or under the control of the operating utility company and said company has received all necessary licenses or permits to provide utility service within the easement.

4.

The removal of any tree which has been destroyed or damaged beyond saving, or which constitutes an immediate peril to life or property.

5.

Tree removal, land-clearing, or grubbing of any vegetation, except mangrove or dune vegetation, within ten (10) feet of a house.

6.

Land-clearing or grubbing of vegetation, except for protected trees, specimen trees, mangroves, dune vegetation, or any native vegetation in a conservation easement, upon any detached single-family residential lot or parcel of land having an area of one (1.0) acre or less, provided this exemption shall not be construed to allow land-clearing or grubbing without permit on any such lot or parcel by its subdivider unless the subdivider intends in good faith to forthwith begin construction of a dwelling unit or units upon said lot. Advertisement or listing for sale of the particular lot or parcel without the dwelling unit shall create a presumption that the subdivider does not intend to forthwith begin such construction and that the intent is for the lot or parcel to be developed by a subsequent purchaser.

7.

Tree removal, except for mangroves, dune vegetation, or native trees in a conservation easement, upon any detached single-family residential lot or parcel of land having an area of one quarter (¼) acre (ten thousand eight hundred ninety (10,890) square feet) or less, provided this exemption shall not be construed to allow tree removal without permit on any such lot or parcel by its subdivider unless the subdivider intends in good faith to forthwith begin construction of a dwelling unit or units upon said lot. Advertisement or listing for sale of the particular lot or parcel without the dwelling unit shall create a presumption that the subdivider does not intend to forthwith begin such construction and that the intent is for the lot or parcel to be developed by a subsequent purchaser.

(e)

Canopy tree landscape requirement. Two (2) canopy trees, as defined in Chapter 901, shall be planted or preserved on single-family lots in conjunction with lot development. Said trees are required to be planted or preserved prior to county issuance of a certificate of occupancy for the residence. This requirement of two (2) canopy trees shall not apply to any single-family lot where an initial building permit application for home construction was submitted prior to March 14, 2005 (the effective date of this ordinance). Planted canopy trees shall be of a size, quality and type as specified in Section 926.06 of the County Landscape and Buffer Ordinance. The owner of the lot shall be required to maintain the canopy trees in viable condition. The following trees are approved for use to meet the single-family lot canopy tree requirement of this section. Other canopy tree species may be used subject to county staff approval.

Live oak (Quercus virginiana)

Laurel oak (Quercus hemisphaerica)

Diamond-leaf oak (Quercus laurifolia)

Red maple (Acer rubrum)

American holly (Ilex opaca)

Southern magnolia (Magnolia grandiflora)

Sweet gum (Liquidambar styraciflua)

Sycamore (Platanus occidentalis)

Seagrape (Coccoloba uvifera)

Red mulberry (Morus rubra)

Slash pine (Pinus elliottii)

(Ord. No. 90-16, § 1, 9-11-90; Ord. No. 91-48, §§ 35, 37, 12-4-91; Ord. No. 92-11, §§ 4, 12, 4-22-92; Ord. No. 92-39, § 15, 9-29-92; Ord. No. 93-29, § 11A, 9-7-93; Ord. No. 95-10, § 7, 5-31-95; Ord. No. 96-24, § 2, 12-17-96; Ord. No. 2000-006, § 2, 3-14-00; Ord. No. 2000-26, § 2B, 7-18-00; Ord. No. 2004-041, § 4, 12-7-04; Ord. No. 2012-016, § 15, 7-10-12; Ord. No. 2013-022, § 2, 12-10-13)

Drainage and flood protection regulations are applied to the construction of single-family homes and duplexes on individual lots or parcels of record. In many newer subdivisions complete drainage systems have been constructed to address most, if not all, drainage concerns. Nonetheless, lots must be filled and graded in such a manner as to meet the county's stormwater management requirements (Chapter 930, Stormwater Management and Flood Protection). The following stormwater management and flood protection regulations apply to single-family development.

(1)

All of Indian River County has been surveyed for flooding and stormwater characteristics by the federal government; all areas have been mapped and assigned to various zones. Some areas are located in flood zones. Flood zone maps are maintained by the public works department.

(a)

Prior to constructing a single-family home or duplex on a parcel located in a "Flood Hazard Zone," a Type "C" stormwater management permit must be obtained from the public works department.

(b)

Minimum finished floor elevations are required for all single-family development. The minimum elevation figure can be obtained along with the flood zone information by contacting the public works department.

(c)

In applying for a building permit to construct a new single-family home or duplex, the following requirements must be addressed.

Each applicant for single-family home or duplex building permit approval shall submit a conceptual drainage plan, as part of his parcel survey, if the building lot or parcel is not located in a subdivision having a positive drainage system previously approved by the public works director. A list of "previously approved" subdivisions shall be on file at:

The Building Division;

The Public Works Department: and

The Planning Division.

The conceptual drainage plan shall depict on a survey the existing and proposed stormwater management system including swales, approximate finished floor elevations of proposed structures, finished floor elevations of existing structures on adjacent property, physical location and centerline elevations of the roadway providing access to the site, transition grades to adjacent property, and off-site tributary drainage entering the property, and other pertinent information as may be required by the public works director.

All conceptual drainage plans must be approved by the public works director prior to the issuance of a building permit. The public works director shall approve conceptual drainage plans and approve revisions to such plans, if it is determined that by constructing in accordance with the plans:

(1)

Stormwater runoff shall be directed through a proper system, including driveway culverts conforming to the requirements of section 930.07(1)(i);

(2)

Stormwater runoff shall not encroach upon adjacent properties;

(3)

Side slopes do not exceed a maximum of four (4) feet horizontal to one foot vertical; and

(4)

For sites that are not located in a flood hazard zone, as defined in Chapter 930, the minimum finished floor elevation shall be a minimum of eighteen (18) inches above the crown of the adjacent road, unless it can be shown that the natural ground elevations provide for adequate control of runoff. For applications covering sites within a flood hazard zone, the conceptual drainage plan and proposed construction shall meet the minimum floor elevations and applicable cut and fill balance requirements, if any, found in Chapter 930, Stormwater Management.

No certificate of occupancy shall be issued until a functional drainage system has been constructed that meets items (1), (2), (3), and (4) listed above. The public works director may require construction of retaining walls, roof gutters piped to directly discharge into a swale or other outfall, underdrains, or any other facilities deemed necessary to provide adequate drainage.

(Ord. No. 90-16, § 1, 9-11-90; Ord. No. 91-48, § 36, 12-4-91; Ord. No. 2025-001, § 2, 1-14-25)

All single-family homes must be served by potable water and provide for wastewater treatment. These services include centralized water and sewer utilities, individual potable water wells, and individual septic tanks and drainfields. The following regulations apply to these services.

(1)

Utilities. Centralized water and sewer service is available for some parcels and lots in the unincorporated county. Where new homes are constructed on lots or parcels that are within two hundred (200) feet of a water and/or sewer line, that home must be hooked-up to that line(s). Specific regulations are contained in Chapter 918, Sanitary Sewer and Potable Water.

(2)

Potable water wells. On-site potable water wells may be used where centralized water service is not available or otherwise required if approved by the environmental health department (Indian River County Public Health Unit) upon issuance of a well permit. Certain locational and water quality standards are applied to all potable well applications. Distances from adjacent waterbodies, wells, and septic tanks and drainfields, as well as the size of the single-family parcel are factors that affect if and where a well may be allowed. In most circumstances, parcels not near utilities services are allowed to be developed with wells; however, the overall size of the residence may be limited by environmental health regulations if the residence is to be built on a parcel less that one-half (½) acre in size.

(a)

Wells are accessory structures, and may not be placed in any road right-of-way.

(3)

Septic tanks and drainfields. On-site septic tanks and drainfields may be used where centralized sewer service is not available or otherwise required if approved by the environmental health department (Indian River County Public Health Unit) upon issuance of a septic tank permit. Certain locational as well as soil condition standards are applied to all septic tank permits. Distances from adjacent waterbodies, wells, and property boundaries, as well as the size of the single-family parcel affect if and where a septic tank and drainfield may be allowed. In most circumstances, parcels not near utilities services are allowed to be developed with septic tanks; however, the overall size of the residence may be limited by environmental health regulations if the residence is to be built on a parcel less that one-half (½) acre in size.

(a)

Septic tank and drainfield elevation requirements can have a significant impact on the amount and type of fill required for a parcel to be developed. Elevation and fill requirements for septic tanks and drainfields are determined by the environmental health department, and can exceed the finished floor elevation requirements of the flood protection regulations.

(b)

No septic tank or drainfield shall be located in an easement or within five (5) feet of a perimeter property boundary.

(Ord. No. 90-16, § 1, 9-11-90)

The building division reviews, approves, permits, and inspects regulated construction activities.

(1)

Construction activities for which application approvals and/or permits are required include the following:

(a)

Permits or approvals given over-the-counter (while you wait) include:

[1.]

Driveway construction/uncovered slab permit;

[2.]

Fence/wall permit;

[3.]

Accessory structures permit;

[4.]

Demolition permit;

[5.]

Re-roofing permit;

[6.]

Minor alteration permit;

[7.]

Construction and subcontractor "trade" permits (electrical, plumbing, mechanical).

(b)

Permits or approvals requiring more detailed review include:

[1.]

Concurrency certificate;

[2.]

Construction of single-family home (including alterations/additions);

[3.]

Tree removal and land clearing permit;

[4.]

Right-of-way permit;

[5.]

Type "C" stormwater management permit;

[6.]

Pond permit;

[7.]

Mangrove alteration permit;

[8.]

Temporary use permit;

[9.]

Home occupation permit, unless exempt per Section 912.05;

[10.]

Release of easement;

[11.]

Covenant for removal of structure in easement;

[12.]

Drainage district permit (non-county);

[13.]

Well and septic tank permit (non-county);

[14.]

DNR construction seaward of CCCL (non-county).

(2)

No single-family building permit application will be accepted for review unless either a concurrency certificate has been obtained or has been applied for.

(3)

Once all permits are issued or approvals are given, construction may commence in conformance with the issued permit or approved application. Inspections are required and conducted as indicated by the building division on the permits, approved applications, and information materials available at the building division office.

(4)

Minor improvements, such as fences, receive a final inspection which is the last approval given by the county which allows full use of the improvement and indicates that the improvement complies with all applicable county standards. Major improvements, such as the construction of a new home, requires the issuance of a "certificate of occupancy" (C.O.) which is the last approval given by the county which allows full use of the improvements and indicates that the improvements comply with all applicable county requirements.

(a)

Prior to the issuance of a C.O., "temporary power" may be granted (e.g. to energize a house) to complete construction or moving prior to actually occupying and using the structure. Temporary power is granted only after execution of a building agreement and posting security. The security is forfeited if the agreement is broken by the applicant.

(Ord. No. 90-16, § 1, 9-11-90; Ord. No. 2021-010, § 3, 8-17-21)

(1)

Intent. The intent of concurrency requirements is to ensure that public facilities and services needed to support development are available concurrent with the impacts of such development. The level and quality of the public facilities and services needed to support developments is known as a "level of service." Level of service standards have been established for roads, potable water, sanitary sewer, solid waste, drainage and parks. A concurrency management system has been established to ensure that no project, including the construction of a new single-family home, will have an impact that degrades roads, potable water, sanitary sewer, solid waste, drainage or parks below the established acceptable level of service.

(2)

Applicability. Concurrency approval, granted upon issuance of a concurrency certificate, is required when a new single-family home is constructed.

(a)

A "final concurrency certificate" shall be obtained prior to issuance of a building permit.

(b)

A separate application and review/approval process is established for concurrency certificates.

(c)

Due to the length of concurrency review, applicants for single-family home construction are urged to apply for a concurrency certificate prior to applying for a single-family building permit.

(d)

Impact fees and applicable utility capacity charges shall be paid prior to the issuance of a concurrency certificate.

(e)

No single-family building permit application will be accepted for review unless either a concurrency certificate has been obtained or applied for.

Specific regulations and procedures regarding concurrency requirements are contained in Chapter 910, Concurrency Management System.

(Ord. No. 90-16, § 1, 9-11-90; Ord. No. 2007-001, § IV(1), 1-23-07, eff. 3-1-07)

County impact fees and applicable utility capacity charges are required at the time of building permit issuance, unless such fees have been previously paid. If impact fees have increased between the time of previous payment and the time of building permit application, the applicant must pay the increment prior to building permit issuance. When impact fees are required, no building permit shall be issued until the fees are paid.

(1)

Impact fees are also required for expansions to existing homes when such expansions cross either of the following size thresholds:

• from less than 1,500 sq. ft. under air to 1,500 sq. ft. or greater, or

• from 1,500—2,499 sq. ft. under air to 2,500 sq. ft. or greater.

Credit can be given if the new home is replacing an old home located on the same parcel. The fees are based upon fee schedules adopted by the board of county commissioners. Specific regulations for impact fees are contained in Chapter 1000, Title X, Impact Fees.

(2)

Utilities capacity charges for water and sewer service hook-up can apply to new home construction or instances where an existing home is being hooked into water and/or sewer services (voluntarily or involuntarily).

(Ord. No. 90-16, § 1, 9-11-90; Ord. No. 2007-001, § IV(2), 1-23-07, eff. 3-1-07)

County approval is required prior to moving or razing a single-family building or structure. Replacing a house while living in an existing house, building a new house on the same parcel, and then razing the old house, is allowed upon county approval as provided for herein.

(1)

No building or structure larger than one hundred fifty (150) square feet shall be moved into the county or from one parcel to another within the county unless: the building or structure complies or is made to comply with all applicable building codes, and a special application is made by the owner or his agent and is approved by the county.

(a)

Special procedures and requirements, which include the posting of a performance bond must be satisfied. The procedures and requirements can be found by obtaining a copy of Chapter 955, Moving of Structures.

(2)

Razing a building or structure requires approval and the issuance of a demolition permit by the building division.

(3)

On any single-family parcel, a new house may be built to replace an existing (older) house on the same parcel while the existing (older) house is being occupied upon satisfaction of the following condition:

(a)

As part of the building permit application, the property owner submits a notarized letter stating that:

[1.]

At no time will more than one dwelling be occupied on the parcel;

[2.]

No certificate of occupancy (C.O.) will be requested for the new house until a permit to raze the older house is obtained and an agreement is executed by the property owner, guaranteed by posted security, that the older house will be razed within forty-five (45) days after the issuance of a C.O. for the new house.

(b)

No C.O. shall be issued for the new house until a permit to raze the older house is obtained and an agreement is executed by the property owner, guaranteed by posted security, in an amount equal to one hundred fifteen (115) percent of the cost to raze the house and remove and dispose of all debris, committing the owner to having the older house razed and all trash materials and debris removed from the parcel within forty-five (45) days of the date of issuance of a C.O. for the new house. The agreement and posted security shall be in a form deemed legally sufficient by the county attorney's office.

(Ord. No. 90-16, § 1, 9-11-90)

No walls or fences may be erected or replaced without first obtaining a permit issued by the building division.

(1)

Location. Walls and fences shall not be placed or replaced within road rights-of-way or within a drainage or utility easement, except as provided below.

(a)

Subject to easements and height restrictions specified herein, walls and/or fences may be located up to or on a property line.

(b)

Height of walls and fences. Height of walls and fences shall be the vertical distance from the grade of the lot at the wall or fence location to the top of the wall or fence. If the wall or fence is to be located on a berm or fill added above the finished lot grade, then the height of the berm or added fill shall be included in the height of the wall or fence.

Walls or fences located outside of required front, side, and rear yard setback areas are subject to the building height regulation applicable to the property on which the wall or fence is located.

1.

Front yard. Walls and fences not exceeding forty-eight (48) inches in height may be erected in the front yard of any lot.

2.

Side yard. Walls and fences not exceeding six (6) feet in height may be erected in the side yard of any lot provided they do not extend into the required front yard setback area and are not erected within a drainage or utility easement unless a covenant for removal of the wall or fence has been approved by the county.

3.

Rear yard. Walls and fences not exceeding six (6) feet in height may be erected in the rear yard of any lot within a zoning district, provided that no wall or fence shall be erected in a drainage or utility easement unless a covenant for removal of the wall or fence has been approved by the county.

4.

The following are exceptions to the maximum wall and fence height requirements provided in subsections 1. through 3. above that may be approved by the community development director or his designee upon a finding that the fence or wall will be visually compatible with the surrounding area (neighborhood).

a.

A wall or fence up to six (6) feet in height may be erected in the front yard setback area of a multi-frontage lot where the lot abuts a collector or arterial road classified on the county's thoroughfare plan map and the main access to the lot is not from the collector or arterial road.

b.

A wall or fence that replaces a wall or fence previously approved by the county, where the replacement wall or fence does not exceed the approved height of the original wall or fence and meets conditions placed on the original wall or fence approval, if any.

c.

A wall or fence up to five (5) feet in height may be located within the front yard setback area if the wall or fence is placed five (5) feet or more from the front property line. The height of the wall or fence may be increased to six (6) feet if vegetation or a vegetated berm is preserved or installed between the wall or fence and the front property line in a manner that visually screens at least twenty (20) percent of the total area of the wall or fence/berm.

d.

A wall or fence up to eight (8) feet in height, or higher than eight (8) feet where necessary to buffer noise from an arterial roadway or other source of significant noise, may be erected in a required side or rear yard setback area upon issuance of an administrative approval and a determination by the community development director or his designee that additional wall or fence height is justified due to grade differences of adjacent residences or to provide adequate buffering between a residential and non-residential use or source of significant noise.

e.

Gates, posts, columns, and similar wall or fence appurtenances may exceed the maximum fence or wall height by up to two (2) feet.

f.

All fences in agricultural districts and temporary fences used at construction-sites for the purpose of security shall be exempt from the height provisions of this section, provided corner visibility is maintained.

If mandatory approval by an architectural control or review board having authority in the neighborhood or subdivision is required for a proposed wall or fence exceeding the maximum height requirements in subsections 1. through 3. above, then the results of the architectural review shall be submitted to the community development department prior to approval or denial of the wall or fence, and any such architectural review results shall be given substantial weight in the county's approval process.

In addition, the community development director or his designee is authorized to attach conditions to approval of a height exception to ensure compliance with these regulations.

(c)

Prohibited walls and fences; residential districts. No barbed wire, electrical element, or other hazardous materials shall be maintained as a fence or part of a fence or wall in a residential district, except as provided for barbed wire fencing in subsection (d), below.

(d)

Barbed wire fences. Barbed wire fences are allowed anywhere on an agriculturally zoned parcel and on lots within any non-agricultural zoning district if the fence is located outside of the required front, side, and rear yard setback area of the lot. Within industrial or commercial zoning districts, barbed wire fences may be allowed within required front, side, and rear yard setback areas, subject to site plan approval, where needed for security and designed to be visually compatible with the surrounding area. Within residential zoning districts, barbed wire fences may be allowed within required front, side, and rear setback areas, subject to site plan approval, if the proposed barbed wire fence:

1.

Is necessary to maintain an allowable agricultural use (e.g. horse pasture); and

2.

Abuts a residentially zoned property that has a lot area of at least forty thousand (40,000) square feet, or is physically separated from abutting residentially zoned property by a ditch/canal, heavily vegetated area, wall, or similar structure.

(Ord. No. 90-16, § 1, 9-11-90; Ord. No. 2012-024, § 1, 7-10-12)

(1)

[Generally.] Specific requirements apply to the following accessory uses as follows:

(a)

Guest cottages and servants quarters are allowed in the single-family zoning districts as administrative permit uses that can be approved at a staff level, subject to site plan review and meeting chapter 971 specific land use criteria for guest cottages and servants quarters.

(2)

Antennas.

(a)

Dish antenna location restrictions. To reduce the negative aesthetic impacts of dish antenna visibility from streets and surrounding properties, no dish antenna exceeding one (1) meter in diameter shall be located between any building and any front or side property line except on corner lots which do not have a rear yard in which case the dish may be placed in the side yard.

(b)

Screening dish antenna from residential districts. All dish antennas exceeding one (1) meter in diameter located within a residential district or which abut a residential district shall provide for opaque screening approved by the community development director to reduce the negative aesthetic impacts of dish antenna visibility from streets and surrounding properties. The screening materials shall be located and of a quality (e.g. landscaping, panels that provide screening but allow signals to be received or transmitted) that shields the proposed antenna from view of persons standing at ground level on surrounding properties and rights-of-way and allows for signal reception. The location and specification of all screening materials shall be approved by the director of community development.

(c)

Antennas attached to existing structures. Antennas attached to existing, legally constructed structures shall be treated as a permitted use for a height of up to one hundred ten (110) percent of the height of the existing structure to which the antenna is being attached.

(d)

The following screening and design requirements shall apply to commercial antenna attachments:

(1)

Equipment buildings or shelters accessory to antenna facilities shall be limited to a height of fifteen (15) feet and shall, in developed areas, have color and finish materials that are compatible with the main building(s) on the same development site, and shall, in undeveloped areas, have colors that match the natural surroundings.

(2)

Roof mounted antennas extending vertically ten (10) feet above the building height shall be set back from the building edge (facade) a distance equal to the antenna height.

(3)

Roof and building mounted antennas shall be located and/or screened so as to minimize the visual impact from adjacent roads and properties.

(4)

Antennas mounts on building facades shall project out from the facade no more than four (4) feet, and shall cover no more than fifty (50) square feet of facade area. No facade area limitation shall apply where antennas are completely screened from view (from adjacent roads and properties) by material(s) matching the building exterior.

(3)

[Greenhouses.] Greenhouses (noncommercial) are, by definition, strictly for the personal enjoyment of the property owner. No special approval for a greenhouse is needed if it does not exceed two hundred (200) square feet in area. Only a building permit, issued by the building division, is required. All normal setbacks apply.

(a)

Greenhouses (noncommercial) over two hundred (200) square feet in size are allowed by administrative permit approval which requires site plan review and approval by the planning and zoning commission.

1.

Special criteria, found in Chapter 971, Specific Land Use Criteria, must be satisfied by the site plan/administrative permit application. NOTE: in no case shall the area of the noncommercial greenhouse exceed five (5) percent of the area of the site.

(4)

Communications towers. Additional amateur radio communications tower criteria are found in subsection 971.44(4).

(a)

Amateur radio towers up to eighty (80) feet in height shall meet applicable zoning district building setbacks. Guy anchorage shall be set back at least five (5) feet from property lines.

(b)

In residential zoning districts, towers must be accessory to an approved, principal site use and shall meet standard building code requirements for structures.

(c)

Proposals for amateur radio towers which are eighty (80) feet or more in height must be reviewed as a special exception use, as specified in Chapter 911 and Chapter 971.

(d)

Towers shall meet the airport zoning ordinance requirements (see section 911.17).

(e)

Additional requirements relating to towers may be found in Chapters 911, 917, and 971.

(5)

Beach access dune crossover structures.

(a)

DNR as well as county approval of such structure is required.

(b)

Such structures shall be wood-pile supported and elevated twenty-four (24) to thirty (30) inches above dune vegetation.

(c)

Such structures shall be limited to one (1) per single-family parcel unless otherwise approved pursuant to Chapter 932, Coastal Management.

Further information and specifications are contained in Chapter 932, Coastal Management.

(6)

Tennis courts. Tennis courts shall not encroach into any required yards. They must meet or exceed the minimum building setback for the applicable zoning district, unless the court is formally shared by owners of abutting properties in which case no setback is required.

(Ord. No. 90-16, § 1, 9-11-90; Ord. No. 94-1, § 2L, 1-5-94; Ord. No. 97-16, § 2(1), (2), 5-6-97; Ord. No. 2012-016, § 16, 7-10-12)

Ponds may be created on single-family parcels upon issuance of a pond permit from the environmental planning section of the planning division.

(1)

Pond and pond permit regulations are as follows (restated from a subsection of Chapter 934, Excavation and Mining).

A pond or ponds are allowed on a single-family parcel provided that:

(a)

The total surface area of the pond or ponds (at design elevation) is not greater than one-half (½) acre in size or thirty-five (35) percent of the lot, whichever is more restrictive;

(b)

No excavation takes place within fifty (50) feet of the lot property line. Notwithstanding, in cases where the pond is necessary to meet stormwater management cut and fill balance requirements, said setback may be reduced to twenty-five (25) percent of parcel width perpendicular to a given lot line, as applicable;

(c)

The excavation does not disturb any existing wetland;

(d)

Pond depth does not exceed twelve (12) feet;

(e)

Side slopes are not greater than one foot vertical to four (4) feet horizontal;

(f)

There will be no hauling of excavated material from the property unless the excavation is conducted to satisfy cut and fill balance requirements for stormwater management purposes, as verified by the county engineer, provided removal of excavated material off-site is the minimum necessary to satisfy said requirements;

(g)

It is demonstrated that the pond excavation is the minimum necessary to satisfy the intended use of fill on-site, as applicable; and

(h)

A pond permit is obtained from county planning division, including the posting of a two hundred fifty dollar ($250.00) [to] five hundred dollar ($500.00) bond to be returned upon verification by county staff that the above criteria have been satisfied.

(Ord. No. 90-16, § 1, 9-11-90)

As restated from the "general provisions" subsection of Chapter 911, Zoning, the following regulations apply to parking commercial vehicles, parking or storing vehicles and the storage of boats and recreational vehicles, in residential areas.

(1)

Parking of commercial vehicles in residential areas.

(a)

Restrictions on the parking of commercial vehicles in residential areas. No commercial vehicles, as defined in County Code Section 901.03, shall be parked overnight nor for an extended period (more than ten (10) hours in any calendar month) on any residentially used lot, in the street abutting such lot, or on residentially zoned land, except:

1.

Within residential zoning districts, one (1) commercial vehicle consisting of a pickup truck or van with a rack for transporting materials or equipment and items other than the personal effects of private passengers, not exceeding a length of twenty-three (23) feet, height of nine (9) feet, or gross vehicle weight of fifteen thousand (15,000) pounds, shall be allowed per residential premises.

2.

Commercial vehicles temporarily parked on a lot for the purpose of providing construction, transportation, or other services specifically for the location where such vehicles are parked.

3.

In no case shall a commercial vehicle which is used for hauling explosives, gasoline or liquefied petroleum products be permitted to be parked for an extended period in a residential area.

4.

"Class A" tow trucks or hydraulic wreckers, on an emergency towing service rotation list with the local sheriff's or police department, used by the resident of the premises, limited to one (1) per premises and parked off-street in a garage, carport or driveway. Under this paragraph, one (1) tow truck or wrecker is allowed to be parked or stored at a residence.

5.

One (1) commercial vehicle shall be allowed per residential premises within the A-1, A-2, and A-3 districts

(2)

Parking or storage of vehicles.

(a)

Parking or storage of junk vehicles. No junk vehicle shall be parked, and no motor vehicle frame, vehicle body, or vehicle body part shall be stored on residentially zoned or used property unless expressly permitted by this chapter, except when parked or stored in a completely enclosed garage or building. In any agricultural district, one such vehicle is permitted in the rear yard, completely screened from view of neighboring homes and properties.

(b)

Parking or storage of automobiles. Except as provided in subsections 1—3. below, a maximum of three (3) automobiles (not including recreational vehicles) may be parked outside of a carport or garage on a single-family zoned lot. However, one additional vehicle for each licensed driver permanently residing at the premises may be parked on the lot. No automobile may be parked or stored in any required yard area except in a designated and improved or stabilized driveway. The limitations on the number of automobiles parked outside of a carport and garage shall not preclude the parking of automobiles by persons visiting a single-family home.

1.

For a vacation rental that has a carport or garage, the number of automobiles that may be parked outside of a carport or garage shall be limited to one (1) automobile per bedroom not to exceed a total of five (5) automobiles parked outside the carport or garage. Automobiles parked outside of a carport or garage shall be parked within a designated and improved or stabilized driveway and not within any required yard area.

2.

For a vacation rental that has no carport or garage, the total number of automobiles parked shall be limited to two (2) automobiles plus one (1) automobile per bedroom not to exceed a total of five (5) automobiles parked on site. Automobiles parked outside of a carport or garage shall be parked within a designated and improved or stabilized driveway and not within any required yard area.

3.

For all vacation rentals, all automobiles except for service and delivery vehicles shall be parked on-site and shall not be parked within a road right-of-way except within a designated and improved or stabilized driveway.

(3)

Unenclosed storage of recreational vehicles, trailers and boats.

(a)

[Generally.] Any recreational vehicle not in normal daily usage for transportation of the occupants of the residence shall be considered as "stored" for purposes of this chapter.

(b)

Unenclosed storage of trailers, campers and boats; restrictions in residential zoning districts. Recreational vehicles and boats may be stored on any lot. However, any trailers, campers or boats which are stored in unenclosed areas on any single-family or two-family lot in any residential zoning district shall meet the following standards:

1.

Ownership of recreational vehicles and boats; authorized storage. Such storage shall be limited to vehicles owned by the occupant(s) of the residence or the house guests of the occupant(s).

2.

Limitation on number of recreational vehicles. No more than one recreational vehicle per dwelling unit may be stored in an unenclosed area upon each site, except that one additional recreational vehicle per dwelling unit may be parked on the property for a period not in excess of two (2) weeks in any one-year period.

3.

Limitation on number of boats. No more than one boat per dwelling unit shall be stored in an unenclosed area upon each site except that one additional boat per dwelling may be parked on the property for a period not in excess of two (2) weeks in any continuous time period or six (6) weeks in any one-year period.

4.

Location of unenclosed storage areas. Such storage shall not be located in any required front or side yard, or any easement; except that such vehicles may be stored on any designated driveway.

5.

Licensing. Recreational vehicles and boat trailers shall have a valid motor vehicle license at all times.

6.

Use limitations. Recreational vehicles and boats shall not be used for office or commercial purposes, nor for sleeping, housekeeping or living quarters while so stored.

7.

No public facilities hook-ups. No service facilities, such as water, sanitary, or electrical connections shall be attached; except a temporary electrical extension connected to the vehicle for battery charging or to facilitate repair is permitted.

8.

Limitation on overall size of recreational vehicles. Consistent with the Chapter 901 definition of "Recreational vehicle," the overall area of a recreational vehicle stored outside on a residentially zoned lot shall not exceed four hundred (400) square feet (vehicle length multiplied by width).

(Ord. No. 90-16, § 1, 9-11-90; Ord. No. 96-6, § 19, 2-27-96; Ord. No. 2008-021, § 3, 12-16-08; Ord. No. 2013-005, § 2, 6-18-13; Ord. No. 2015-014, § 3, 10-13-15)

The county has adopted regulations designed to prevent or clean-up nuisances such as the accumulation of garbage, trash, and high weeds on parcels located in developed residential areas. Also, the county restricts certain noise-making activities in and near residential areas.

(1)

Nuisances.

(a)

Weed clearance. The accumulation of weeds in excess of eighteen (18) inches (maximum height) is prohibited on any lot with a commercial or residential structure, or on a vacant lot abutting such a lot with said structure(s), within a platted, recorded subdivision where the platted lots area minimum of fifty (50) percent developed. Parcels having agricultural zoning are exempt from this prohibition.

Further information on this prohibition, including notice and enforcement and penalties, are contained in Chapter 973, Public Nuisance.

(b)

Junk and debris. No person shall discard, place, abandon, accumulate, or permit or cause to be discarded, placed, abandoned or accumulated any garbage, trash, junk, debris, wrecked or unserviceable vehicle or the parts thereof on property in the unincorporated areas of the county unless such vehicles or parts are stored in an enclosed structure or at an authorized junk or auto wrecking yard.

Further information on this prohibition including notice and enforcement and penalties are contained in Chapter 973, Public Nuisance.

(2)

Noise control.

(a)

The following are noise producing activities that are prohibited:

[1.]

Use of radios, television sets, musical instruments, and similar devices used between 10:00 p.m. and 6:00 a.m. in a manner that creates a disturbance;

[2.]

Outside construction or repair work on buildings or structures between 8:00 p.m. and 6:00 a.m.;

[3.]

Use of internal combustion engines that have no mufflers or similar devices;

[4.]

Offensive or excessive animal noises (no prohibitions or restrictions in agricultural zoning districts);

[5.]

Rebuilding, repairing, or testing any motor vehicle between 8:00 p.m. and 6:00 a.m. in a manner that disturbs the peace;

[6.]

Use of skateboard ramps or similar devices used between 8:00 p.m. and 6:00 a.m. in a manner that disturbs the peace;

[7.]

Use of air-blow cleaners shall used between 8:00 p.m. and 6:00 a.m. in a manner that disturbs the peace;

[8.]

Landscape maintenance performed between 8:00 p.m. and 6:00 a.m. in a manner that disturbs the peace.

Specific regulations and procedures are contained in Chapter 974, Noise and Vibration Control.

(3)

Commercial event at residence. As defined in Section 901.03, it shall be a violation of this Code for any owner to lease a single family residence as a location for a commercial event at residence to be held. It shall be prima facie evidence of a violation of this Code for an owner or owner's agent to advertise or hold out the property to be used as a location for a commercial event at residence.

(a)

A commercial event at residence held at a site that is:

1.

Four (4) acres or greater in area; and

2.

At a site that is zoned agricultural; or

3.

At a site used for agricultural purposes

must first apply for and receive a temporary use permit as prescribed by IRC Code Chapter 972 prior to conducting the commercial event at residence.

(b)

If the owner of the property is not on the premises at the time of a commercial event at residence, it shall be a rebuttable presumption of a violation of this section.

(c)

Notwithstanding the prohibition contained in paragraph (3) above, should this ordinance impair an existing contract for a commercial event at residence that is scheduled to be performed prior to September 30, 2016, holding the commercial event at residence shall not be a violation of this Code so long as the contract documents are provided to the community development director by October 31, 2015.

(Ord. No. 90-16, § 1, 9-11-90; Ord. No. 2015-013, § 1, 9-22-15)

A nonconformity is "a lot, structure, use of land, or any combination thereof, which was lawful prior to the passage of present county land development regulations or any amendment thereto, but which would be prohibited or further restricted under the terms of such regulations or any amendment thereto."

(1)

Generally, no nonconformity can be enlarged, increased or changed to a different nonconformity unless, as determined by the community development director, the change results in a lessening of the degree of nonconformity.

(2)

Additions to site related nonconformities must comply with existing regulations.

(3)

Nonconforming structures may be repaired and maintained as long as such work does not expand the nonconformity and as long as such work does not exceed fifty (50) percent of the cost of the building's assessed value on the latest tax roll.

Further information on these types of restrictions, prohibitions, and regulations are contained in Chapter 904, Nonconformities.

(Ord. No. 90-16, § 1, 9-11-90)

The following is a summary of county permits issued and approvals given which are necessary for various types of single-family development activities described or referenced in this chapter. this is intended to be a reference tool for real estate and design professionals, contractors, and property owners.

TABLE: DETERMINATIONS, PERMITS AND APPROVALS REQUIRED BY TYPE OF DEVELOPMENT ACTIVITY

LEGEND:

H = Higher degree of application preparation involved and higher degree of review and approval time required.

M = Medium degree of application preparation, review and approval time required.

L = Low degree of application preparation, review and approval time required.

(Planning) = Division of the county issuing information, the permit, or granting approval

(1)

Construction of single-family home:

(a)

Verify that parcel is "buildable" (planning), if parcel is not within a platted subdivision: See section 912.06.

(b)

Verify all setbacks and platted easements (planning): See section 912.07(1) and (2).

(c)

Verify right-of-way deficiencies (public works), especially if parcel abuts a major roadway: See section 912.07(3).

(d)

Tree removal and landclearing permit (planning),

If:

Parcel is greater than one acre; or

"Dune" vegetation seaward of the 1987 CCCL is to be removed;

See section 912.07(6)—[M].

(e)

Building permit (building): See section 912.10—[H].

Considerations:

[1.]

Effect of easements [912.07(2)].

[2.]

Access and driveways [912.07(4)].

[3.]

Wetlands [912.07(5)].

[4.]

Drainage and stormwater management [912.08].

[5.]

Water and sewer connection/well and septic tank [912.09].

[6.]

Impact fees [912.16].

[7.]

Excavation and ponds [912.16].

(f)

Concurrency certificate (planning): See 912.11—[L].

(g)

Right-of-way permit (engineering): See 912.07(4)—[M],

If:

Accessing county road (county engineering); or

Accessing state road (state D.O.T.).

(h)

Drainage District Permit (Drainage District)—[M],

If proposing to culvert over a ditch or canal under the control of a drainage district (e.g. Indian River Farms Water Control District)

(2)

Fence/wall permit (building): See 912.14—[L].

(3)

Accessory structures (tie-down or anchoring) permit (examples: utility sheds, satellite dishes) (building): See 912.15—[L].

(4)

Type "C" stormwater management permit (engineering) (construction in floodplain only): See 912.08—[H].

(5)

Well and septic tank permits (environmental health): See 912.09—[M].

(6)

Alterations/additions: building permit (building): See 912.10—[M].

(7)

Demolition permit: (building): See 912.10—[L].

Note: Environmental health "rat" inspection required.

(8)

Pond permit: (planning): See 912.16—[M].

(9)

Mangrove alteration permit: (planning): See 912.07(6)—[L].

(10)

Temporary use permit (planning): See 912.05—[M].

(11)

Home occupation permit: (planning): See 912.05—[M].

(12)

Driveway construction/uncovered slab permit; (building): See 912.07(4)—[L].

(13)

Re-roofing permit: (building)—[L].

(14)

Contractor/subcontractor "trade" permits (electrical,plumbing, mechanical): (building)—[L].

(15)

DNR construction seaward of CCCL permit: (D.N.R.; state): See 912.07(1)—[H].

(16)

Release (abandonment) of easement (planning): See 912.07(2)—[H].

Note: Must be approved by the board of county commissioners

(17)

Covenant for removal of structure in easement (planning): See 912.07(2)—[M].

(Ord. No. 90-16, § 1, 9-11-90; Ord. No. 91-7, § 19, 2-27-91)