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HomeMy WebLinkAboutSupplement No. 148 - Indian River, FL SUPPLEMENT NO. 148 VOLUMES I AND II January 2024 CODE OF ORDINANCES County of INDIAN RIVER,FLORIDA Looseleaf Supplement This Supplement contains all ordinances deemed advisable to be included at this time through: Ordinance No.2023-013,enacted September 26,2023. See the Code Comparative Table—Volume I,and the Table of Amendments—Volume II for further information. Remove Old Pages Insert New Pages VOLUME I Checklist of up-to-date pages Checklist of up-to-date pages (following Table of Contents) SH:5, SH:6 SH:5—SH:7 210/1-210/2.1 210/1-210/2.1 CCT/9 CCT/9 VOLUME II 901/1-901/2.1 901/1-901/2.1 901/57, 901/58 901/57, 901/58 912/1-912/8.1 912/1-912/8.2 TOA/21 TOA/21 Insert and maintain this instruction sheet in front of Volume I.File removed pages for reference. municode POWERED BY Cr info@municode.com 1800.262.2633 ( www.n P.O. Box 2235 Tallahassee, FL 3231 JAN29224 COUNTYATTORNEY1 Al SUPPLEMENT NO. 148 • VOLUMES I AND II January 2024 CODE OF ORDINANCES County of INDIAN RIVER,FLORIDA Looseleaf Supplement This Supplement contains all ordinances deemed advisable to be included at this time through: Ordinance No.2023-013,enacted September 26,2023. See the Code Comparative Table—Volume I,and the Table of Amendments—Volume II for further information. Remove Old Pages Insert New Pages VOLUME I Checklist of up-to-date pages Checklist of up-to-date pages (following Table of Contents) SH:5, SH:6 SH:5—SH:7 210/1-210/2.1 210/1-210/2.1 110 CCT/9 CCT/9 VOLUME II 901/1-901/2.1 901/1-901/2.1 901/57,901/58 901/57, 901/58 912/1-912/8.1 912/1-912/8.2 TOA/21 TOA/21 Insert and maintain this instruction sheet in front of Volume I.File removed pages for reference. municode POWERED BY CIVICPLUS info@municode.com 1800.262.2633 I www.municode.com P.O.Box 2235 Tallahassee,FL 32316 0 Checklist of Up-to-Date Pages (This checklist will be updated with the printing of each Supplement) From our experience in publishing Looseleaf Supplements on a page-for-page substitution basis, it has become evident that through usage and supplementation many pages can be inserted and removed in error. The following listing is included in this Code as a ready guide for the user to determine whether the Code volume properly reflects the latest printing of each page. In the first column all page numbers are listed in sequence. The second column reflects the latest printing of the pages as they should appear in an up-to-date volume. The letters "OC" indicate the pages have not been reprinted in the Supplement Service and appear as published for the original Code. When a page has been reprinted or printed in the Supplement Service,this column reflects the identification number or Supplement Number printed on the bottom of the page. In addition to assisting existing holders of the Code, this list may be used in compiling an up-to-date copy from the original Code and subsequent Supplements. Page No. Supp.No. Page No. Supp.No. 1111 Volume I 103/5, 103/6 88 Title page 142 103/7, 103/8 147 iii 145 103/9, 103/10 147 v 87 103/11, 103/12 143 vii,viii 87 103/13 143 ix,x 142 104/1, 104/2 147 xi 143 104/3, 104/4 147 SH:1, SH:2 101 105/1, 105/2 133 SH:3, SH:4 128 105/3, 105/4 133 SH:5, SH:6 148 105/5 133 SH:7 148 106/1, 106/2 135 Ul 135 II/1 141 100/1, 100/2 146 200/1,200/2 111 100/3 146 200/3,200/4 111 101/1, 101/2 146 201/1,201/2 141 101/3, 101/4 '146 201/2.1 141 102/1, 102/2 136 201/3,201/4 125 102/3, 102/4 136 201/5,201/6 125 103/1, 103/2 143 201/7,201/8 125 103/3, 103/4 141 201/9,201/10 131 103/4.1 141 201/11,201/12 131 [1] III Supp.No.148 0 INDIAN RIVER COUNTY CODE Page No. Supp.No. Page No. Supp.No. 201/13,201/14 139 205/4.1 146 201/15,201/16 139 205/5,205/6 134 201/16.1,201/16.2 139 206/1,206/2 6 201/16.3 139 207/1,207/2 113 201/17,201/18 76 207/3,207/4 82 201/19,201/20 141 207/5 82 201/21,201/22 141 208/1,208/2 53 201/23,201/24 141 208/3,208/4 53 201/25,201/26 141 208/5 53 201/26.1,201/26.2 141 209/1,209/2 38 201/27,201/28 91 210/1,210/2 148 201/29,201/30 91 210/2.1 148 201/31,201/32 91 210/3,210/4 36 201/33,201/34 91 210/5 36 201/35,201/36 91 211/1 24 201/37,201/38 91 212/1 24 201/39,201/40 91 213/1,213/2 97 201/41,201/42 91 214/1,214/2 106 201/43,201/44 91 214/3,214/4 106 201/45,201/46 91 214/5 1060 201/47,201/48 141 215/1,215/2 141 201/49,201/50 141 215/3,215/4 141 202/1,202/2 102 III/1 143 202/3,202/4 102 300/1, 300/2 109 202/4.1 102 300/3 109 202/5,202/6 10 301/1, 301/2 33 204/1,204/2 107 301/3,301/4 33 204/3,204/4 144 301/5,301/6 33 204/5,204/6 144 301/7,301/8 33 204/7,204/8 144 301/9,301/10 33 204/9,204/10 144 302/1,302/2 133 204/11,204/12 144 302/3, 302/4 133 204/12.1,204/12.2 144 302/5,302/6 133 204/13,204/14 47 302/7,302/8 133 204/15,204/16 47 302/9,302/10 133 204/17 47 302/10.1,302/10.2 133 205/1,205/2 117 302/11, 302/12 73 205/3,205/4 146 302/13, 302/14 73 [2] Supp.No. 1480 0 CHECKLIST OF UP-TO-DATE PAGES Page No. Supp.No. Page No. Supp.No. 302/14.1 73 312/11, 312/12 2 302/15,302/16 60 312/13,312/14 2 302/17,302/18 60 312/15, 312/16 2 302/19, 302/20 133 312/17,312/18 64 302/21 133 312/19,312/20 97 303/1, 303/2 95 313/1,313/2 139 303/3, 303/4 47 313/3 139 303/5,303/6 69 314/1, 314/2 33 303/7,303/8 69 314/3, 314/4 33 304/1, 304/2 142 314/5,314/6 33 304/3, 304/4 142 314/7,314/8 33 304/5,304/6 142 314/9 33 305/1,305/2 107 315/1,315/2 123 305/3,305/4 107 315/3,315/4 123 305/4.1 107 315/5, 315/6 123 305/5,305/6 65 315/7,315/8 106 306/1,306/2 147 316/1,316/2 99 306/3,306/4 147 316/3, 316/4 100 0 306/5,306/6 147 316/5 100 306/7 147 317/1 120 307/1, 307/2 63 318/1, 318/2 128 307/3,307/4 63 318/3,318/4 128 307/5,307/6 63 318/5,318/6 128 308/1,308/2 134 319/1,319/2 143 308/3,308/4 137 319/3 143 308/5, 308/6 134 IV/1 59 309/1, 309/2 26 400/1,400/2 23 309/3,309/4 26 400/3,400/4 59 309/5,309/6 26 400/5,400/6 49 309/7 26 400/7 49 310/1,310/2 OC 401/1,401/2 138 312/1,312/2 120 401/2.1,401/2.2 138 312/3, 312/4 120 401/3,401/4 94 312/4.1 120 401/5 94 312/5,312/6 2 402/1,402/2 OC 312/7, 312/8 2 402/3,402/4 OC 312/9, 312/10 143 402/5,402/6 OC 312/10.1, 312/10.2 143 403/1,403/2 59 [3] 0 Supp.No. 148 • INDIAN RIVER COUNTY CODE Page No. Supp.No. Page No. Supp.No. 403/3,403/4 102 800/1, 800/2 121 403/5,403/6 102 800/2.1 121 403/6.1 102 800/3, 800/4 112 403/7,403/8 59 800/5, 800/6 112 403/9,403/10 59 800/7 112 403/11,403/12 59 IX/1 104 403/13,403/14 59 900/1, 900/2 OC CCT/1, CCT/2 81 901/1, 901/2 148 CCT/3,CCT/4 97 901/2.1 148 CCT/5,CCT/6 97 901/3,901/4 10 CCT/7,CCT/8 131 901/5,901/6 145 CCT/9 148 901/6.1 145 IX/1,IX/2 133 901/7,901/8 92 IX/2.1 133 901/9, 901/10 92 IX/3,IX/4 127 901/11,901/12 112 IX/5,IX/6 143 901/12.1 112 IX/7,IX/8 142 901/13, 901/14 94 IX/9,IX/10 142 901/15, 901/16 94 IX/11,IX/12 142 901/17, 901/18 94 IX/13,IX/14 142 901/19,901/20 94 • IX/15,IX/16 143 901/21, 901/22 94 IX/17,IX/18 143 901/23,901/24 94 IX/19,IX/20 147 901/25,901/26 70 IX/20.1 147 901/27,901/28 70 IX/21,IX/22 146 901/29,901/30 112 1X/23,IX/24 135 901/31,901/32 94 IX/25,IX/26 147 901/33, 901/34 94 1X/26.1 147 901/35,901/36 119 IX/27,IX/28 139 901/37,901/38 119 IX/29,IX/30 139 901/38.1 119 IX/31,IX/32 146 901/39,901/40 94 1X/32.1 146 901/40.1, 901/40.2 94 IX/33,IX/34 141 901/40.3,901/40.4 94 IX/35,IX/36 142 901/40.5,901/40.6 94 Volume II 901/40.7,901/40.8 94 Title Page 142 901/41,901/42 121 xi,xii 127 901/43,901/44 121 VIII/1 OC 901/45,901/46 142 [4] Supp.No.148 • • 0 CHECKLIST OF UP-TO-DATE PAGES Page No. Supp.No. Page No. Supp.No. 901/46.1 142 910/35,910/36 71 901/47,901/48 104 911/1,911/2 105 901/49,901/50 119 911/3, 911/4 92 901/51, 901/52 119 911/5,911/6 92 901/53,901/54 119 911/7,911/8 92 901/55,901/56 119 911/9, 911/10 92 901/57,901/58 148 911/11,911/12 142 902/1,902/2 80 911/13,911/14 142 902/2.1, 902/2.2 77 911/14.1 142 902/3,902/4 80 911/15,911/16 129 902/5,902/6 108 911/17,911/18 129 902/7, 902/8 108 911/19,911/20 129 902/9,902/10 108 911/21,911/22 129 902/10.1,902/10.2 108 911/22.1 129 902/11, 902/12 43 911/23,911/24 126 902/12.1 43 911/25, 911/26 92 902/13 OC 911/27, 911/28 145 904/1, 904/2 138 911/29,911/30 92 0 904/3,904/4 138 911/31,911/32 92 904/5 138 911/33,911/34 128 910/1,910/2 70 911/35,911/36 145 910/3,910/4 70 911/36.1 145 910/5,910/6 70 911/37,911/38 119 910/7,910/8 70 911/39,911/40 119 910/9, 910/10 70 911/40.1 119 910/11,910/12 70 911/41, 911/42 92 910/13,910/14 70 911/43,911/44 92 910/15,910/16 92 911/45,911/46 92 910/17,910/18 70 911/47,911/48 140 910/19,910/20 70 911/49,911/50 129 910/21,910/22 92 911/50.1,911/50.2 129 910/23,910/24 126 911/50.3,911/50.4 140 910/25,910/26 126 911/50.4.1 129 910/27,910/28 126 911/50.5,911/50.6 92 910/29,910/30 126 911/50.7, 911/50.8 92 910/30.1 126 911/50.9,911/50.10 101 910/31,910/32 70 911/50.11,911/50.12 101 910/33,910/34 70 911/50.13,911/50.14 112 [5] 0 Supp.No. 148 0 INDIAN RIVER COUNTY CODE Page No. Supp.No. Page No. Supp.No. 911/50.15,911/50.16 116 911/107,911/108 38 911/50.17,911/50.18 116 911/109, 911/110 64 911/50.19, 911/50.20 116 911/111,911/112 79 911/50.21 116 911/113,911/114 80 911/51, 911/52 10 911/115,911/116 80 911/53,911/54 10 911/117,911/118 80 911/55,911/56 38 911/119,911/120 49 911/57, 911/58 80 911/121,911/122 49 911/59,911/60 33 911/123, 911/124 49 911/61, 911/62 33 911/125,911/126 49 911/63,911/64 80 911/127,911/128 49 911/65,911/66 33 911/129,911/130 79 911/67,911/68 79 911/131,911/132 95 911/69, 911/70 79 911/133,911/134 95 911/71, 911/72 33 911/135,911/136 95 911/73, 911/74 80 911/136.1 95 911/75,911/76 33 911/137, 911/138 79 911/76.1,911/76.2 33 911/138.1 79 911/76.3,911/76.4 80 911/139,911/140 57 911/76.5, 911/76.6 80 911/141,911/142 570 911/76.7, 911/76.8 79 911/143,911/144 92 911/76.9,911/76.10 79 911/145,911/146 57 911/76.11,911/76.12 79 911/147,911/148 57 911/77,911/78 31 911/149,911/150 84 911/79,911/80 31 911/151,911/152 104 911/81, 911/82 31 911/153,911/154 104 911/83, 911/84 31 911/155,911/156 104 911/85, 911/86 36 911/157,911/158 104 911/87,911/88 36 911/159,911/160 104 911/89, 911/90 80 912/1,912/2 148 911/91,911/92 80 912/3,912/4 148 911/93,911/94 31 912/5,912/6 148 911/95,911/96 31 912/7,912/8 148 911/97, 911/98 31 912/8.1,912/8.2 148 911/99,911/100 38 912/9,912/10 128 911/101, 911/102 80 912/10.1 128 911/103,911/104 38 912/11,912/12 101 911/105,911/106 38 912/12.1,912/12.2 101 [6] Supp.No.1480 0 CHECKLIST OF UP-TO-DATE PAGES Page No. Supp.No. Page No. Supp.No. 912/12.3,912/12.4 101 913/38.9, 913/38.10 128 912/13, 912/14 55 913/39,913/40 OC 912/15, 912/16 55 913/41 OC 912/17,912/18 101 914/1, 914/2 126 912/19,912/20 140 914/3,914/4 126 912/21,912/22 92 914/5,914/6 128 912/23, 912/24 92 914/7,914/8 128 912/25,912/26 113 914/9, 914/10 128 912/27,912/28 113 914/11, 914/12 128 912/29,912/30 112 914/12.1, 914/12.2 128 913/1,913/2 35 914/13,914/14 61 913/3, 913/4 122 914/15,914/16 92 913/5,913/6 128 914/17, 914/18 92 913/7,913/8 128 914/18.1,914/18.2 128 913/8.1 128 914/19 128 913/9,913/10 126 . 914/20.1,914/20.2 92 913/11,913/12 126 914/20.3,914/20.4 92 913/12.1,913/12.2 126 914/20.5, 914/20.6 93 0 913/13, 913/14 128 914/20.7 92 913/15, 913/16 129 914/21, 914/22 OC 913/17, 913/18 128 915/1,915/2 92 913/19,913/20 128 915/3,915/4 128 913/21,913/22 128 915/4.1 128 913/23, 913/24 128 915/5,915/6 92 913/25, 913/26 128 915/7,915/8 92 913/26.1, 913/26.2 128 915/9,915/10 92 913/26.3, 913/26.4 129 915/11, 915/12 92 913/26.5,913/26.6 129 915/13, 915/14 92 913/27,913/28 58 915/15,915/16 .123 913/29, 913/30 58 915/16.1 124 913/31,913/32 62 915/17,915/18 98 913/33, 913/34 92 915/19,915/20 92 913/35, 913/36 92 915/21,915/22 92 913/37, 913/38 101 915/23,915/24 108 913/38.1,913/38.2 101 915/25 108 913/38.3,913/38.4 101 916/1,916/2 OC 913/38.5,913/38.6 128 917/1,917/2 95 913/38.7,913/38.8 128 917/2.1 95 [7] 0 Supp.No. 148 • INDIAN RIVER COUNTY CODE Page No. Supp.No. Page No. Supp.No. 917/3,917/4 92 928/5 56 917/5, 917/6 92 929/1, 929/2 60 918/1,918/2 92 929/3,929/4 92 918/3,918/4 92 929/5, 929/6 92 918/5 92 929/7 92 925/1,925/2 53 930/1,930/2 94 925/3,925/4 53 930/3, 930/4 94 926/1,926/2 66 930/5,930/6 94 926/3, 926/4 133 930/7,930/8 94 926/4.1 133 930/9,930/10 94 926/5,926/6 79 930/11,930/12 94 926/7,926/8 133 930/13,930/14 94 926/9,926/10 79 930/15, 930/16 143 926/11,926/12 79 930/17,930/18 143 926/13,926/14 79 930/19,930/20 143 926/15,926/16 79 930/21,930/22 146 926/16.1, 926/16.2 92 930/22.1 146 926/16.3 92 930/23,930/24 94 926/17,926/18 64 930/25,930/26 94 926/19,926/20 64 930/27, 930/28 940 926/21, 926/22 64 930/29, 930/30 94 926/23, 926/24 64 930/31,930/32 94 926/25,926/26 64 930/33,930/34 94 926/27,926/28 79 931/1,931/2 3 926/29,926/30 79 931/3,931/4 OC 926/31, 926/32 79 931/5,931/6 3 926/33, 926/34 79 932/1,932/2 30 926/35, 926/36 79 932/2.1 30 926/37, 926/38 79 932/3,932/4 13 927/1,927/2 55 932/5,932/6 13 927/3,927/4 92 932/7, 932/8 145 927/5,927/6 92 932/9,932/10 145 927/7,927/8 92 932/11,932/12 145 927/9,927/10 92 932/13 145 927/11,927/12 92 933/1,933/2 80 927/13 92 933/3,933/4 80 928/1,928/2 92 933/5,933/6 80 928/3,928/4 92 934/1,934/2 74 [8] Supp.No.1480 0 CHECKLIST OF UP-TO-DATE PAGES Page No. Supp.No. Page No. Supp.No. 934/3,934/4 130 954/15, 954/16 92 934/4.1 130 954/17,954/18 92 934/5, 934/6 74 954/19 92 934/7,934/8 74 955/1,955/2 60 934/9,934/10 91 956/1, 956/2 92 934/11,934/12 130 956/3,956/4 121 934/13,934/14 130 956/5,956/6 122 934/14.1 130 956/7,956/8 121 934/15,934/16 74 956/9, 956/10 121 934/17 74 956/11,956/12 140 951/1, 951/2 37 956/13,956/14 140 951/3,951/4 40 956/14.1,956/14.2 140 951/5 40 956/15, 956/16 31 952/1, 952/2 127 956/17,956/18 OC 952/3, 952/4 127 956/19 92 952/5, 952/6 127 971/1,971/2 19 952/6.1 127 971/2.1 19 952/7,952/8 92 971/3,971/4 3 0 952/9,952/10 92 971/5, 971/6 12 952/11,952/12 127 971/6.1 12 952/19,952/20 63 971/7,971/8 3 952/20.1,952/20.2 62 971/9,971/10 92 952/20.3 62 971/11,971/12 92 952/21,952/22 48 971/13,971/14 92 952/23,952/24 48 971/15,971/16 92 952/25,952/26 92 971/17,971/18 127 952/27,952/28 92 971/19,971/20 134 952/29,952/30 92 971/21,971/22 134 952/31,952/32 92 971/23,971/24 145 952/33,952/34 98 971/24.1, 971/24.2 145 953/1 57 971/25,971/26 92 954/1, 954/2 92 971/27, 971/28 92 954/3, 954/4 92 971/29,971/30 92 954/5,954/6 92 971/31,971/32 127 954/7,954/8 92 971/33,971/34 127 954/9,954/10 92 971/35,971/36 129 954/11,954/12 92 971/37,971/38 129 954/13,954/14 92 971/38.1, 971/38.2 129 [9] 0 Supp.No.148 • INDIAN RIVER COUNTY CODE Page No. Supp.No. Page No. Supp.No. 971/38.2.1 129 974/5 101 971/38.3,971/38.4 92 X/1 77 971/38.5,971/38.6 92 1000/1, 1000/2 107 971/38.7,971/38.8 92 1000/3, 1000/4 107 971/38.9,971/38.10 92 1000/5, 1000/6 132 971/38.11, 971/38.12 92 1000/7 132 971/38.13, 971/38.14 92 1001/1 57 971/39,971/40 62 1002/1 135 971/40.1,971/40.2 144 1003/1 107 971/40.3,971/40.4 144 1004/1 135 971/40.5, 971/40.6 144 1005/1 135 971/41,971/42 127 1006/1 107 971/43,971/44 127 1007/1 107 971/44.1,971/44.2 28 1008/1 135 971/44.3,971/44.4 28 1009/1 135 971/45,971/46 58 1010/1, 1010/2 107 971/46.1 58 1010/3, 1010/4 107 971/47,971/48 45 1010/5, 1010/6 135 971/49,971/50 45 1011/1 57 971/51,971/52 45 1012/1 57 • 971/53, 971/54 45 10-APP/1, 10-APP/2 146 971/55, 971/56 45 10-APP/3, 10-APP/4 146 971/57, 971/58 45 10-APP/5 146 971/59,971/60 45 10-APP/7, 10-APP/8 135 971/61,971/62 45 XU1 139 971/63,971/64 58 1100/1, 1100/2 115 971/65, 971/66 127 1100/3, 1100/4 115 972/1,972/2 Errata 1100/5, 1100/6 136 972/3,972/4 129 1100/7, 1100/8 139 972/4.1 128 APP/1,APP/2 81 972/5,972/6 Errata APP/3,APP/4 81 972/7,972/8 Errata APP/5,APP/6 95 972/9,972/10 118 APP/7,APP/8 95 972/11 128 APP/9,APP/10 95 973/1,973/2 66 APP/11 95 973/3 66 TOA/1,TOA/2 25 974/1,974/2 78 TOA/3,TOA/4 10 974/3,974/4 101 TOA/5,TOA/6 16 [10] Supp.No. 148 • CHECKLIST OF UP-TO-DATE PAGES Page No. Supp.No. TOA/7,TOA/8 28 TOA/9,TOA/10 36 TOA/11,TOA/12 56 TOA/13,TOA/14 66 TOA/15,TOA/16 92 TOA/17,TOA/18 107 TOA/19,TOA/20 140 TOA/21 148 IX2/1,IX2/2 80 IX2/3,IX2/4 139 IX2/4.1 139 IX2/5,IX2/6 81 IX2/7,IX2/8 73 IX2/9,IX2/10 121 IX2/11,IX2/12 94 IX2/12.1 94 IX2/13,IX2/14 104 IX2/15,IX2/16 104 [11] Supp.No. 148 SUPPLEMENT HISTORY TABLE 110 Date Included/ Ord. No. Adopted Omitted Supp. No. 2018-021 9-18-18 Included 128 2018-022 9-18-18 Included 128 2018-023 10-16-18 Included 129 2018-024 11-20-18 Included 130 2018-025 12- 4-18 Omitted 130 2018-026 12-18-18 Included 130 2018-027 12-18-18 Included 130 2019-001 1- 8-19 Omitted 130 2019-002 1- 8-19 Included 131 2019-003 1-15-19 Included 131 2019-004 1-15-19 Included 131 2019-005 1-22-19 Omitted 131 2019-006 1-22-19 Omitted 131 _ 2019-007 3- 5-19 Included 132 2019-008 3- 5-19 Omitted 132 2019-009 3- 5-19 Omitted 132 2019-010 6-11-19 Included 133 2019-011 6-11-19 Included 133 2019-012 6-18-19 Omitted 133 2019-013 6-18-19 Included 133 III 2019-014 6-18-19 Included 133 2019-015 7- 2-19 Included 133 2019-016 7- 9 19 Included 133 2019-017 8-13-19 Omitted 134 2019-018 9-17-19 Omitted 134 2019-019 11- 5-19 Omitted 134 2019-020 12- 3-19 Omitted 134 2019-021 12-10-19 Omitted 134 2019-022 12-10-19 Included 134 2019-023 12-17-19 Included 134 2020-001 1- 7-20 Included 134 2020-002 1-21-20 Omitted 135 2020-003 2-11-20 Omitted 135 2020-004 3- 3-20 Included 135 2020-005 3-10-20 Included 135 2020-006 4- 7-20 Included 135 2020-007 6-16-20 Omitted 136 2020-008 7-14-20 Included 136 2020-009 7-14-20 Omitted 136 2020-010 9-15-20 Omitted 136 2020-011 9-22-20 Included 136 2020-012 9-22-20 Omitted 136 2020-013 10- 6-20 Included 137 2020-014 10-28-20 Included 137 III 2020-015 11- 3-20 Omitted 137 2020-016 11-10-20 Omitted 137 Supp. No. 148 SH:5 INDIAN RIVER COUNTY CODE • Date Included/ Ord. No. Adopted Omitted Supp. No. 2020-017 11-17-20 Omitted 138 2020-018 12- 1-20 Omitted 138 2020-019 12- 8-20 Omitted 138 2020-020 12-15-20 Omitted 138 2021-001 1- 5-21 Included 138 2021-002 1- 5-21 Included 138 2021-003 1-19-21 Included 138 2021-004 1-19-21 Omitted 138 2021-005 3- 9-21 Included 139 2021-006 3-16-21 Omitted 139 2021-007 3-30-21 Included 139 2021-008 4- 6-21 Included 139 2021-009 4-20-21 Omitted 139 2021-010 8-17-21 Included 140 2021-011 9-14-21 Omitted 141 2021-012 9-14-21 Included 141 2021-013 9-21-21 Included 141 2021-014 9-21-21 Included 141 2021-015 12-14-21 Omitted 142 2021-016 12-14-21 Omitted 142 2022-001 1-18-22 Included 142 2022-002 2- 1-22 Included 142 • 2022-003 3- 1-22 Included 142 2022-004 4- 5-22 Omitted 143 2022-005 4-12-22 Included 143 2022-006 5-17-22 Included 143 2022-007 5-17-22 Included 143 2022-008 5-17-22 Included 143 2022-009 6- 7-22 Omitted 144 2022-010 7- 5-22 Included 144 2022-011 7-12-22 Included 144 2022-012 10-18-22 Omitted 145 2022-013 11- 1-22 Included 145 2022-014 12- 6-22 Included 145 2022-015 12-13-22 Omitted 145 2022-016 12-13-22 Omitted 145 2022-017 12-20-22 Included 146 2023-001 1-17-23 Included 146 _ 2023-002 1-17-23 Included 146 2023-003 2- 7-23 Included 146 2023-004 2- 7-23 Included 146 2023-005 3-28-23 Included 147 2023-006 4-18-23 Omitted 147 2023-007 5-15-23 Omitted 147 2023-008 6- 6-23 Included 147 2023-009 6- 6-23 Included 147III Supp. No. 148 SH:6 SUPPLEMENT HISTORY TABLE • Date Included/ Ord. No. Adopted Omitted Supp. No. 2023-010 6-20-23 Omitted 148 2023-011 6-20-23 Omitted 148 2023-012 8-29-23 Included 148 2023-013 9-26-23 Included 148 Supp. No. 148 SH:7 TOURIST DEVELOPMENT TAX §210.03 • CHAPTER 210. TOURIST DEVELOPMENT recreational vehicle park, camping space or TAX condominium for a term of six(6)months or less. Said additional tax shall be for the purpose of Sec. 210.01. Taxing district and levy. funding those authorized uses of tourist develop- Sec. 210.02. Tourist development plan. Sec. 210.03. Authorized uses of revenue. ment tax revenue as set out in section 210.03(a)(2) Sec. 210.04. Local administration of tourist development and section 210.03(a)(6) of this chapter. tax. (e) There is hereby adopted and imposed an Section 210.01. Taxing district and levy. additional one (1) percent tourist development tax in accordance with F.S. § 125.0104(3)(n), on (a) There are hereby created two (2) taxing the exercise within each of the taxing districts of districts in which the tourist development tax is the taxable privilege of renting, leasing, or let- imposed. One taxing district encompasses the ting for consideration any living quarters or geographical boundaries of the City of Vero accommodations in any hotel, apartment hotel, Beach. The second taxing district encompasses motel, rooming house, mobile home park, the remainder of geographical boundaries of recreational vehicle park, camping space or Indian River County. condominium for a term of six(6)months or less. (b) There is hereby adopted and imposed a Said additional tax shall be for the purpose of funding those authorized uses bf tourist develop- two (2) percent tourist development tax in ment tax revenue as set out in section 210.03(a)(2) accordance with F.S. § 125.0104, on the exercise of this chapter. within each of the taxing districts herein created (Ord. No. 92-26,§5, 7-14-92;Ord. No. 93-27,§ 1, of the taxable privilege of renting, leasing or 7-20-93;Ord. No. 2000-029, § 1, 9-7-00;Ord. No. letting, for consideration any living quarters or 2019-004, § 2, 1-15-19; Ord. No. 2023-012, § 2, 110 accommodations in any hotel, apartment hotel, 8-29-23) motel, rooming house, mobile home park, recreational vehicle park, camping sp a or Section 210.02. Tourist development plan. condominium for a term of six(6)months or less. (c) There is hereby adopted and imposed an There are hereby adopted the plans for tourist development for each district created by the additional one (1) percent tourist development tourist development council with regard to the tax in accordance with F.S. § 125.0104(3)(d), on specific revenues and expenditures for the first the exercise within each of the taxing districts of twenty-four(24)months following the levy of the the taxable privilege of renting, leasing, or let- tourist development tax. The plans are attached ting for a consideration any living quarters or hereto and by reference are hereby incorporated accommodations in any hotel, apartment hotel, as if fully set forth herein. motel, rooming house, mobile home park, recreational vehicle park, camping space or (Ord. No. 92-26, § 5, 7-14-92) condominium for a term of six(6)months or less. Section 210.03. Authorized uses of Said additional tax shall be for the purpose of funding those authorized uses of tourist develop- revenue. ment tax revenue as set out in section 210.03(a)(4) (a) All revenues received pursuant to this of this ordinance. article shall be used for the following purposes (d) There is hereby adopted and imposed an only: additional one (1) percent tourist development (1) To acquire, construct, extend, enlarge, tax in accordance with F.S. § 125.0104(3)(1), on remodel,repair,improve,maintain,oper- the exercise within each of the taxing districts of ate or promote one (1) or more publicly the taxable privilege of renting, leasing, or let- owned and operated convention centers, ting for consideration any living quarters or sport stadiums, sports arenas, coliseums accommodations in any hotel, apartment hotel, or auditoriums within the boundaries of motel, rooming house, mobile home park, the county or subcounty special taxing Supp. No. 148 210/1 §210.03 INDIAN RIVER COUNTY CODE distinct. However, these purposes may tion of a retained spring training franchise be implemented through services, facility, either publicly owned and oper- contracts and leases with persons who ated, or publicly owned and operated by maintain and operate adequate existing the owner of a professional sports lessees that have sufficient expertise or franchise or other lessee with sufficient financial capacity to operate such facili- expertise or financial capability to oper- ties; ate such facility, and to pay the planning (2) To promote and advertise tourism in the and design costs incurred prior to the State of Florida and nationally and issuance of such bonds. internationally;however, if tax revenues (b) A minimum of fifty (50) percent of the are expended for an activity, service, revenues to be derived from the tourist develop- venue, or event, the activity, service, ment tax levied pursuant to Sections 210.01(b) venue, or event must have as one (1) of and (c) of this chapter shall be used pledged to its main purposes the attraction of tour- secure and liquidate revenue bonds issued by the ists as evidenced by the promotion of the county for the purposes set forth in section(a)(4) activity, service, venue, or event to tour- of this section. Up to one-half(1/2) of the remain- ists; ing revenue derived from the tourist develop- (3) To fund convention bureaus, tourist ment tax levied pursuant to sections 210.01(b) bureau, tourist information centers and and (c) of this chapter may be used pledged to news bureaus as county agencies or by secure and liquidate revenue bonds issued by the contract with the chambers of commerce county for the purposes set forth in section(a)(1). or similar associations in the county; (Ord. No. 92-26, §5, 7-14-92;Ord. No. 93-27,§2, 7-20-93;Ord. No. 2000-029, § 1, 9-7-00;Ord. No. (4) To finance beach improvement, 2019-004, § 2, 1-15-19; Ord. No. 2023-012, § 2, maintenance, renourishment restoration 8-29-23) and erosion control, including shoreline protection,enhancement,cleanup,restora- Section 210.04. Local administration of tion of inland lakes and rivers to which tourist development tax. there is public access; (5) Until such time as Indian River County (a) Any person, firm or corporation receiving reaches a population of five hundred consideration for rental or lease (herein referred thousand (500,000) based on the most to as the "dealer") for any period subsequent to recent population estimated prepared October 1, 2000, shall receive, account for, and pursuant to the provisions of F.S. remit the tax to the Indian River County Clerk of § 186.901, as in effect on July 1st of each the Circuit Court. year, tax revenues received pursuant to (b) Initial collection of the tax shall be made this article may also be used to acquire, in the same manner as the tax imposed under construct,extend,enlarge,remodel,repair, Chapter 212, Florida Statutes. improve, maintain, operate or promote one(1)or more museums,zoological parks, (c) The Indian River County Clerk of the fishing piers or nature centers which are Circuit Court shall be responsible for the collec- publicly owned and operated or owned by tion of the tax from the dealer and administra- not-for-profit organizations are open to tion of the tax. the public. (d) The same duties and privileges imposed (6) Pay the debt service on bonds issued to by Chapter 212, Florida Statutes, upon dealers finance the construction, reconstruction, in tangible property, respecting the collection or renovation of a professional sports and remission of tax, the making of returns, the franchise facility, or the acquisition, keeping of books, records and accounts, shall construction, reconstruction, or renova- apply to and be binding upon all persons who are Supp. No. 148 210/2 TOURIST DEVELOPMENT TAX §210.04 subject to the provisions of this chapter;provided, however, that the Indian River County Clerk of the Circuit Court may authorize a quarterly return and payment when the tax remitted by the person receiving the consideration for such rental or lease for the preceding quarter did not exceed one hundred dollars ($100.00). (e) The Indian River County Clerk of the Circuit Court shall promulgate such rules, and prescribe and publish such forms as may be necessary to effectuate the purposes of the sec- tion. (f) The Indian River County Clerk of the Circuit Court shall perform the enforcement functions associated with the collection and remis- sion of this tax. (g) A total of three (3) percent of the total tourist development tax collected shall be retained by the Indian River County Clerk of the Circuit Court for costs of administration. (h) The taxes imposed by this section shall 410 become county funds at the moment of collection and shall for each month be due to the Indian River County Clerk or the Circuit Court on the first day and is delinquent on the twenty-first day of the month following, unless otherwise provided for by subsection(d). Collections received by the Indian River County Clerk of the Circuit Court from the tax, less costs of administration of the local collection,shall be paid and returned, on a monthly basis, to Indian River County, Florida, Supp. No. 148 210/2.1 CODE COMPARATIVE TABLE • Section Ord. No. Date Section this Code 2019-004 1-15-19 2 210.01(d) 210.03(a)(2) 2019-013 6-18-19 1 302.02(A)35,302.051 2019-014 6-18-19 1 Added 302.02(A)8,28 Rnbd 302.02(A)8-39 as 302.02(A)9-41 302.02(A)27 Added 302.15-302.18 2019-016 7- 9-19 2 105.01, 105.02, 105.04 2019-022 12-10-19 2 205.091 2019-023 12-17-19 1(App. A) 308.01-308.14 2020-001 1- 7-20 1 100.03 2020-004 3- 3-20 2 Added 106.01-106.05 2020-006 4- 7-20 2 201.64(A) Added 201.65(B)(16) 2020-011 9-22-20 2 102.01 102.04 2020-013 10- 6-20 2 308.07(3)(b),(c), (9) 2021-001 1- 5-21 1 100.03.4 2021-002 1- 5-21 2 401.07 2021-005 3- 9-21 2 201.22(D) Added 201.22(E)-(I) 2021-008 4- 6-21 2 313.01-313.03 Added 313.01.1,313.04- 313.07 0 2021-012 9-14-21 3 Added 215.01-215.20 2021-013 9-21-21 2 103.03.1. 2021-014 9-21-21 2 201.64 Added 201.93 2022-001 1-18-22 2 304.02 304.03 304.07-304.09 304.11,304.12 3 Rpld 304.13-304.18 2022-003 3- 1-22 1 100.03 2022-005 4-12-22 2 312.11(B) 2022-007 5-17-22 2 103.20-103.27 Rpld 103.28 Added 103.28 103.30 2022-008 5-17-22 2 Added 319.01-319.09 2022-011 7-12-22 2 204.06 204.13(2) 2022-017 12-20-22 2 Added 205.03(28) 2023-003 2- 7-23 2 101.05 2023-004 2- 7-23 1 100.03 2023-005 3-28-23 2 306.06 Added 306.065 2023-008 6- 6-23 2 103.22 2023-009 6- 6-23 2 104.03 Added 104.03.1 2023-012 8-29-23 Added 210.01(e) 210.03 • Supp. No. 148 CCT/9 DEFINITIONS §901.03 CHAPTER 901. DEFINITIONS enabling a vehicle entering a roadway to increase its speed to a rate at which it can more safely Sec. 901.01, Title. merge with through traffic. Sec. 901.02. Purpose and intent. Sec. 901.03. Definitions in alphabetical order. Access, point of a driveway or other opening for vehicles onto a public street. Section 901.01. Title. Accessory apartment a second dwelling unit, This chapter, the terms and definitions either in or added to an existing single-family contained herein shall be known as the "Indian detached dwelling, or in a separate accessory River County, Definitions Chapter." structure on the same lot as the main dwelling, (Ord. No. 90-16, § 1, 9-11-90) for use as a complete, independent living facility with provision for cooking, eating, sanitation, Section 901.02. Purpose and intent. and sleeping. Such a dwelling is an accessory use to the main dwelling. It is the purpose of this chapter to maintain the definitions of terms for all of the land Accessory structure a structure which is development regulations of Indian River County, customarily associated with, subordinate in size Florida. and incidental in use to the principal structure (Ord. No. 90-16, § 1, 9-11-90) and located on the same site. However,accessory structures may be larger in size than a single- Section 901.03. Definitions in alphabetical family dwelling, subject to the regulation of order. Section 912.05(3). Examples are tool sheds and garages. Abandon to discontinue a use or activity for Accessory use a use which: more than six (6) consecutive months. Abandonment to cease or discontinue a use or (a) Is clearly incidental to,customarily found activity without intent to resume, but excluding in association with,and serves a principal temporary or short term interruptions to a use or use; activity during periods of remodeling, maintain- (b) Is subordinate in purpose, area, and ing, or otherwise improving or re-arranging a extent to the principal use served; and facility, or during normal periods of vacation or (c) Is located on the same lot as the principal seasonal closure. use, or on an adjoining lot in the same Abandonment, right-of-way an action by the ownership as that of the principal use board of county commissioners,closing,abandon- and legally combined via a unity of title ing,vacating,surrendering,discontinuing,remiss- or equivalent legal instrument. ing and releasing any interest the county may Accessway a paved area intended to provide have in the subject right-of-way. ingress and egress of vehicular traffic from a Abutting having a common border with, or public or private right-of-way to an off-street being separated from such a common border by a parking area. right-of-way, alley, or easement. Addition(to an existing building)for purposes Abutting property property that is immediately of County Code Chapter 930 relating to flood adjacent to or contiguous to property that is protection, means any walled and roofed expan- subject to review or property that is located sion to the perimeter of a building in which the immediately across any road or public right-of- addition is connected by a common load bearing way from the property subject to review. wall other than a firewall. Any walled and roofed addition which is connected by a firewall or is 1111 Acceleration lane the portion of a roadway separated by independent perimeter load-bear- adjoining the traveled way for the purpose of ing walls is new construction. Supp. No. 148 901/1 §901.03 INDIAN RIVER COUNTY CODE • Adjacent a lot or parcel of land that is nearby describing of"specified sexual activities" and not necessarily abutting. The lots or parcels or"specified anatomical areas"as defined; may be separated by streets,rights-of-way,power or lines, or similar open areas. (2) Instruments, devices, or paraphernalia Administrative permit use a use that would which are designed for use in connection not be appropriate generally or without restric- with "specified sexual activities" as tion throughout the zoning district but which, if defined. controlled as to number, area, location, or rela- tion to the neighborhood,would not be detrimental Adult care facility an establishment, whether to public health, safety, or general welfare. operated for profit or not, which undertakes through its ownership or management to provide Administrator the Indian River County basic services to three (3) or more adults, not Administrator. related to the owner/operator by blood or mar- riage, for a period of less than twenty-four (24) Adopted portion of the Indian River County hours a day on a regular basis. Comprehensive Plan those portions of the comprehensive plan adopted by the board of Adult congregate living facility(ACLF)a home, county commissioners by Ordinance No. 90-3 as institution, building(s) or residence(s), public or the adopted portion of the plan pursuant to the private,whether operated for profit or not,licensed requirements of Chapter 163, Part II, Florida by the state,which provides housing,food service, Statutes, and FAC 9J-5.005(c). and one or more personal services for a period exceeding twenty-four (24) hours to four (4) or Adult arcade an establishment where, for any more adults who are not related to the operator. form of consideration,one or more motion picture Such a facility may provide extended congregate projectors, slide projectors or similar machines, care,limited nursing services and limited mental • for viewing by five (5) or fewer persons each, are health services for on-site residents when licensed used to show films, motion pictures, video cas- by the state. settes,slides,photographic reproductions,or other visual materials having as their primary or Adult dancing establishment an establish- dominant theme the depiction of or description ment that permits, suffers or allows dancers, of "specified sexual activities" or "specified employees or other persons to display or expose anatomical areas." Such use is generally not "specified anatomical areas"to public view,regard- open to the public in general, but only to one or less of whether the employees or other persons more classes of the public, excluding minors by actually engage in dancing. reason of age. Adult entertainment business any of one or Adult bookstore an establishment that sells or more of the following described businesses:Adult rents, or offers to sell or rent, for any form of arcade, adult bookstore, adult dancing establish- consideration, adult materials and that(a) more ment, adult motion picture booth, adult mini- than twenty (20) percent of the stock on view to motion picture theater or drive-in, adult motel/ the public, excluding minors, consists of adult hotel, adult personal service business and adult materials or,(b)more than twenty(20)percent of theater. its gross revenue is derived from the sale or rental of adult materials. "Adult materials"shall Adult mini-motion picture theater an enclosed mean any one or more of the following: building with a capacity of less than fifty (50) persons including, but not limited to, an adult (1) Books, magazines, periodicals, or other arcade having as a principal activity the presenta- printed matter, or photographs, films, tion of material having as the primary or dominant motion pictures, video cassettes or video theme the depiction of, description of, or portray- reproductions that have as their primary als of "specified anatomical areas" or "specified or dominant theme the depicting or sexual activities." Such use is generally not open • Supp. No. 148 901/2 DEFINITIONS §901.03 to the public in general but only to one or more classes of the public, excluding any minor by reason of age. Adult motel/hotel any hotel or motel, boardinghouse, rooming house or other lodging which includes the word "adult" in any name it uses or otherwise advertises the presenting of closed circuit television transmissions,films,video, motion pictures or other visual material having as its primary or dominant theme the depicting or describing of "specified sexual activities" or "specified anatomical areas," as defined, for observation by patrons of such establishment. Adult motion picture booth an enclosed area designed or used for the viewing by one or more persons of motion pictures, films, video cas- settes, slides or other visual materials which have as their primary or dominant theme mat- ters depicting,illustrating or relating to "specific anatomical areas." Such use is not generally open to the public 41) • Supp. No. 148 901/2.1 cn 0 0 0 ro b z 0 cc cP CORNER LOTS INTERIOR LOTS STREET FRONT FRONT o -DOUBLE FRONTAGE LOTS F Ss S S 0 aD o d o0 d STREET T. T REAR E E REAR E0 "' E REAR ' REAR 0 T A SS S z it 0 DID D y N EE E T FRONT FRONT STREET STREET 0 I- W §901.03 INDIAN RIVER COUNTY CODE 410 Year the word "year" shall mean a calendar § 1,2-15-00 Ord. No. 2000-026, § 1, 7-18-00;Ord. year, unless a fiscal year is indicated. No. 2001-016, § 1, 6-19-01; Ord. No. 2002-030, Year-round units housing units available or § 1, 11-12-02; Ord. No. 2003-001, § 1, 1-21-03; Ord. No. 2004-041, § 1, 12-7-04; Ord. No. 2007- intended for occupancy at any time of the year. A 012, § 1, 3-20-07; Ord. No. 2008-021, § 1, 12-16- unit in a resort area occupied either on a year- 08; Ord. No. 2011-008, § 2, 9-13-11; Ord. No. round basis or occasionally throughout the year 2012-013, § 1, 7-10-12; Ord. No. 2012-023, § 1, is also considered as year-round. 7-10-12; Ord. No. 2012-036, § 2, 11-6-12; Ord. Zero lot line the location of a building on a lot No. 2014-012, §§ 1, 2, 6-17-14; Ord. No. 2015- in such a manner that one or more of the 013, § 1, 9-22-15; Ord. No. 2015-014, § 1, 10-13- building's sides rests directly on a lot line. 15; Ord. No. 2015-015, § 1, 10-13-15; Ord. No. 2016-011, § 1, 10-18-16; Ord. No. 2017-002, § 1, Zone a portion of the territory of the county, 3-7-17; Ord. No. 2022-002, § 2, 2-1-22; Ord. No. exclusive of streets, alleys, and other public 2022-014, § 1, 12-6-22; Ord. No. 2023-13, § 1, ways,within which certain uses of land,premises, 9-26-23) and buildings are not permitted and within which certain yards and open spaces are required and certain height limits are established for buildings. Zone of aeration the area where both air and moisture are found in the spaces between soil and rock particles. Zone of saturation the area where every pore space between rock and soil particles is saturated 1111 with water. Zone of imminent collapse means an area subject to erosion adjacent to the shoreline of an ocean,bay,or lake and within a distance equal to ten (10) feet plus five (5) times the average annual long-term erosion rate for the site, measured from the reference feature. Zoning district any section or area of Indian River County for which the zoning regulations governing the use, placement of structures, yard and setback requirements, and size and dimen- sion criteria are uniform. (Ord. No. 90-16, § 1, 9-11-90; Ord. No. 91-7, § 1, 2-27-91; Ord. No. 91-23, § 1, 5-15-91; Ord. No. 91-48, §§ 1-7, 12-4-91; Ord. No. 92-39, §§ 1-4, 9-29-92; Ord. No. 93-7, § 2, 3-18-93; Ord. No. 93-8, §§ 2-7, 32, 3-18-93;Ord. No. 93-29, §§ 1B, 3A, 3B, 4A-4D, 12A, 9-7-93; Ord. No. 94-1, §§ 1A, 2A, 5A-5C, 1-5-94; Ord. No. 94-25, §§ 18(G), (H), 19, 8-31-94;Ord. No. 95-10, §§ 8A, 20A, 5-31-95; Ord. No. 96-6, § 1, 2-27-96; Ord. No. 97-16, § 1(A), (B), 5-6-97; Ord. No. 98-9, §§ 2A, 6, 5-19-98; Ord. No. 99-26, § 2, 9-28-99; Ord. No. 99-13, § 1, 5-5-99; Ord. No. 2000-004, Supp. No. 148 901/58 SINGLE-FAMILY DEVELOPMENT §912.05 • CHAPTER 912. SINGLE-FAMILY Section 912.03. Definitions. DEVELOPMENT All terms used in this chapter are defined in Sec. 912.01. Title. Chapter 901. Sec. 912.02. Purpose and intent. (Ord. No. 90-16, § 1, 9-11-90) Sec. 912.03. Definitions. Sec. 912.04. Applicability and relationship to other Section 912.04. Applicability and relation- regulations. Sec. 912.05. Allowable uses;where single-family uses are ship to other regulations. allowed and other uses are allowed in This chapter establishes certain regulations single-family areas. Sec. 912.06. Property "buildability'; determining if a which are found only within this chapter (912). parcel can be built upon. Other regulations are presented or referenced in Sec. 912.07. Locating buildings and structures on a this chapter, although they may occur in other property. chapters, because such regulations affect single- Sec. 912.08. Drainage;stormwater management and flood family development. Thus, this chapter also protection. Sec. 912.09. Water and wastewater; utilities, wells, and functions as a reference for a range of land septic tanks. development regulations that apply to single- Sec. 912.10. Construction; building permit review, family development. The regulations contained, approval,inspections. described or referenced within this chapter are Sec. 912.11. Concurrency. not exhaustive. This chapter should not be Sec. 912.12. Impact fees. Sec. 912.13. Moving,razing,and replacing a structure. construed to represent an exclusive list of all Sec. 912.14. Fences and walls. requirements applicable to single-family Sec. 912.15. Accessory uses and structures. residential development and uses within the Sec. 912.16. Excavation,mining,and ponds. unincorporated area of Indian River County. In Sec. 912.17. Parking and storage. all cases,the regulations and provisions found or Sec. 912.18. Maintenance and public nuisance and noise. Sec. 912.19. Nonconformities and related restrictions. referenced in this chapter apply to single-family Sec. 912.20. Summary table; permits and approvals development. required. (Ord. No. 90-16, § 1, 9-11-90) Section 912.01. Title. Section 912.05. Allowable uses: locations for single-family develop- This chapter, the terms and provisions ment and uses allowed in • contained herein shall be known as the "Single- single-family areas. Family Development Ordinance" of Indian River (1) Locations for single-family development. County, Florida. Single-family development and use is allowed in (Ord. No. 90-16, § 1, 9-11-90) various comprehensive plan land use designated areas and within various zoning districts. Single- Section 912.02. Purpose and intent. family residential development is allowed in the following land use plan designated areas and The purpose and intent of this chapter is to within the following zoning districts: establish regulations to protect and further the Land use plan designated areas: health,safety,and welfare of Indian River County residents in regards to single-family develop- C-2, Conservation-2 ment, and to present and explain other regula- C-3, Conservation-3 tions affecting properties which may be developed AG-1, Agriculture and used for single-family residential purposes. It is also the purpose and intent of this chapter AG-2, Agriculture to establish regulations in conformance with the AG-3, Agriculture adopted comprehensive plan and other land use regulations. R, Rural (Ord. No. 90-16, § 1, 9-11-90) L-1, Low-1 Supp. No. 148 912/1 §912.05 INDIAN RIVER COUNTY CODE • L-2, Low-2 (2) [Uses other than single-family dwelling M-1, Medium-1 units.] Within the land use designations and zoning districts referenced in section 912.05(1), M-2, Medium-2 uses and related structures other than single- Zoning districts: family dwelling units are allowed as either permit- ted,administrative approval,or special exception Con-2, Conservation; 1 unit per 40 acres uses. More specific information regarding allow- Con-3, Conservation;up to 1 unit per 2.5 able uses within these districts is contained in acres Chapter 911, Zoning. A-1, Agriculture up to 1 unit per 5 acres (3) Accessory uses and structures. A-2,Agriculture up to 1 unit per 10 acres A-3,Agriculture up to 1 unit per 20 acres (A) Uses and structures accessory to a single- family dwelling may be allowed upon a RFD, Rural fringe development up to 1 property as follows: unit per 2.5 acres 1. For properties that are less. than RS-1, Residential single-family up to 1 one-half (1/2) acres in size, the unit per acre cumulative floor area of all acces- RS-2, Residential single-family up to 2 sory structures shall be at least one units per acre (1) square foot less than the floor RS-3, Residential single-family up to 3 area of the principal single-family units per acre dwelling. RS-6, Residential Single-family up to 6 2. For properties that are at least one- units per acre half(1/2) acres in size but less than one (1) acres in size, the t:anulative RT-6,Residential two-family up to 6 units floor area of all accessory structures per acre shall not exceed one and one-half RM-3, Residential multifamily up to 3 (11/2)times the area of the principal units per acre single-family dwelling. RM-4, Residential multifamily up to 4 3. For properties that are at least one units per acre (1) acres in size but less than 4.59 acres (200,000 square feet) in size, RM-6, Residential multifamily up to 6 the cumulative floor area of all acces- units per acre sory structures shall not exceed two RM-8, Residential multifamily up to 8 (2) times the area of the principal units per acre single-family dwelling. RM-10, Residential multifamily up to 10 4. For properties that exceed 4.59 acres units per acre (200,000 square feet) in size, the R-BCID, Residential, Blue Cypress cumulative floor area of all acces- Improvement District:See special regula- sory structures shall not exceed three tions, Chapter 911 (Zoning) (3) times the area of the principal single-family dwelling. ROSE-4, Roseland Residential District: See special regulations, Chapter 911 5. For items 1.-4. above, the floor (Zoning) area measurement for both the acces- PRO, Professional office sory structure(s) and the principal single-family dwelling shall be based OCR, Office, commercial, residential on enclosed area(including enclosed Supp. No. 148 912/2 SINGLE-FAMILY DEVELOPMENT §912.05 garages), but not unenclosed areas 2. Any structure or facility used for such as open and screened porches, commercial or industrial processes carports, terraces, and patios. or storage of stock in trade. (B) Allowable accessory structures include, (4) Temporary uses. Certain temporary uses but are not limited to, the following: and related structures are allowed in areas 1. Air conditioners and similar where single-family development is allowed;these mechanical equipment; are as specified in Chapter 972,Temporary Uses. Portions of those regulations are restated herein. 2. Docks and accessory waterfront structures (piers, observation (A) Temporary construction trailers, storage platforms, and other similar facilities, watchman's quarters. structures); Temporary construction trailers, 3. Swimming pools and related temporary construction storage facili- structures; ties, and watchmen's quarters which are used temporarily in connection with 4. Play equipment, tree houses,lights, construction activities may be permitted outdoor furniture and mailboxes; to locate in any zoning district under a 5. Patios, terraces,porches,walkways, temporary use permit issued by the com- gazebos, decks; munity development director if the fol- lowing requirements are met. 6. Walls and fences; 7. Garages, carports; (1) Temporary use permits for construc- tion trailers and temporary construc- 8. Utility buildings,workrooms,sheds; tion storage facilities may be issued 9. Parking areas and driveways; for temporary trailers for a period of up to one year. Upon showing of 10. Sidewalks; good cause, such permits may be 11. Steps; renewed annually by the community development director. In no case 12. Balconies, outside stairways; shall a permit be renewed for a 13. Guest cottages, servants quarters;* period of time which extends beyond 14. Satellite dishes and antennas;* the termination date of an active building permit for the project. 15. Greenhouses;* (2) Construction trailers may be allowed 16. Fuel tanks (noncommercial); in conjunction with construction of 17. Transmission and/or reception subdivision improvements, and in towers seventy (70) feet or shorter conjunction with the construction of in height;* model and display homes in subdivi- sions for a period of up to but not 18. Dune crossover structures;* exceeding one year from the date of 19. Tennis courts.* final plat approval. *Note: These uses/structures must (3) No watchman's quarters trailers are meet specific zoning requirements allowed in the RFD, RS-1, RS-2, found in section 912.15 of this RS-3,RS-6, or RT-6 zoning districts. chapter. No construction storage facility or construction trailers exceeding two (C) Prohibited accessory structures include hundred sixty (260) square feet in but are not limited to: area may be allowed in the RFD, 1. Transmission towers over seventy RS-1, RS-2, RS-3, RS-6, or RT-6 (70) in height; zoning districts or within a single- Supp. No. 148 912/3 §912.05 INDIAN RIVER COUNTY CODE 41) family subdivision development, b. Constructed as a breakaway except as allowed for construction sign; trailers in section (4) (A) (2) above. c. No more than three (3) feet in (4) Watchman's quarters trailers or height measured from the recreational vehicles may be allowed crown of the adjacent road, only in the A-1, A-2 or A-3 zoning measured to the top of the districts upon issuance of a building sign; permit to construct a residence and d. Displayed only when the garage temporary use permit to temporar- sale is actually open for visita- ily allow the trailer or recreational tion by the public and only vehicle. No such watchman's during the hours of 6:00 a.m. quarters trailer permit shall be to 7:00 p.m.; and allowed for a period of more than e. No greater than four(4)square one year; no extensions shall be feet in area. granted. No on or off premises garage sale (5) Garage sales and yard sales. Garage sales signs shall be maintained for a period and yard sales are allowed to be conducted from exceeding eighteen(18)days during any residence, with the following restrictions: a calendar year. (A) No sale shall be conducted for more than These requirements are a restatement of three (3) consecutive days; a section in chapter 956, sign regula- (B) No more than three (3) sales may be tions. conducted from any residence or site in No permit from the planning division is any given calendar year; and required to be issued to conduct a garage sale (C) Garage sale signs are allowed only as in accordance with these regulations. specified herein. The number, size, loca- tion, and other characteristics of garage (6) Home occupations. sale or yard sale signs are as follows: (A) Authorizations. Home occupations are 1. One(1)on-premises garage sale sign permitted in any dwelling unit subject to per street frontage may be the following provisions: maintained between the hours of (B) Authorized home occupations. Except as 6:00 a.m. and 7:00 p.m. The sign set forth in subsection (G) below, the shall not exceed four(4)square feet. following home occupations shall be Said signs shall be located outside permitted uses, subject to the require- of rights-of-way, within property ments of this section and the respective lines, and shall maintain a ten-foot zoning district. setback from all adjacent property 1. Artists and sculptors; lines, excepting the road right-of- way from which no setback is 2. Authors and composers; required. 3. Dressmakers, seamstresses and Two (2) additional off-premises tailors; temporary signs may be placed within road right-of-way; however, 4. Computer programming; no more than two (2) such signs 5. Home crafts,such as model making, maybe placed per intersection. Such rug weaving, lapidary work, and signs may be located within a road ceramics; right-of-way, provided the sign is: 6. Office facility of a minister, rabbi, a. Located at least eight (8) feet priest or other similar person associ- from any roadway; ated with a religious organization; • Supp. No. 148 912/4 SINGLE-FAMILY DEVELOPMENT §912.05 • 7. Office facility of a salesman, sales 13. Restaurants; representative, or manufacturers 14. Veterinary hospitals and clinics; representative, provided that no retail in person or wholesale transac- 15. Similar uses not strictly in comple- tions are made on the premises,and ance with this section and the spirit that no clients are attracted to the and intent of the zoning ordinance premises; and the Indian River County Comprehensive Plan. 8. Telephone answering services; 9. The renting of not more than one (D) Use limitations. Except as set forth in room for rooming or boarding persons subsection (G) below, in addition to the regulations applicable in the zoning who are not transients; district in which located,all home occupa- 10. Similar uses which do not involve in tions shall be subject to the following person retail or wholesale sales limitations and requirements. transactions on the premises, 1. Location. A home occupation shall employment of persons on the be conducted within a dwelling which premises other than occupants of is the bona fide residence of the the dwelling, and any mass produc- tion assembly,processing,or fabrica- principal practitioner or in any build- tion operations; ing accessory thereto which is normally associated with a 11. Child care service for five (5) or residential use. fewer children who are not related 2. Merchandise. No stock in trade shall to the operator; be displayed or sold on the premises. 12. Realtors; 3. Exterior alterations. No alterations 13. Licensed contractors. to the exterior appearance of the (C) Non-authorized home occupations. Except principal residence or premises shall as set forth in subsection (G) below, the be made which change the character following are not permissible home occupa- thereof as a residence. tions: 4. Outdoor display or storage. No 1. Automotive repair or paint shops; outside display of goods or outside storage of equipment or material 2. Barber shops and beauty shops; used in the home occupation shall 3. Child care centers for more than be permitted. five(5) children who are not related 5. Employees. No persons other than to the operator; an occupant of the dwelling shall be 4. Dog grooming services; allowed to work on the premises. Non-resident employees may be 5. Food service establishments; employed under the home occupa- 6. Funeral chapels, funeral homes; tion,but only for off-premise conduct 7. Giftshops; of the home occupation. In such cases, no more than two (2) non- 8. Massage parlors; resident employees shall be allowed 9. Nursing homes; to park their vehicles or meet on the home occupation premises. 10. Medical or dental laboratories; 11. Outdoor repair; 6. Level of activity. The use of the dwelling unit for the home occupa- 12. Rental of any equipment or other tion shall be clearly incidental and items; subordinate to its use for residential Supp. No. 148 912/5 §912.05 INDIAN RIVER COUNTY CODE purposes by its occupants, and shall in writing by the planning division within under no circumstances change the ten (10) working days of the director's residential character thereof. decision. The appeal shall state what 7. Parking. Parking generated by the aspect of the decision is being appealed conduct of such home occupation and the reasons for and justification for shall be met off the street. the appeal with specific reference to the regulations and requirements of this 8. Equipment processes. No equipment subsection. The appeal shall be heard by or process shall be used in such the planning and zoning commission. home occupations which creates Decisions of the planning and zoning noise,vibration,glare,fumes,odors, commission may be appealed to the board or electrical interference detectable of county commissioners. The appeal to the normal senses off the premises. process is also defined in Chapter 902 of In the case of electrical interfer- the land development regulations. ence, no equipment or process shall be used which creates visual or (G) A home occupation that operates from a audible interference in any radio or residential property as provided below: television receivers off the premises. 1. May operate in an area zoned for 9. Signs. No signs accessory to such residential use. home occupation shall be displayed 2. Shall be subject to any prohibitions, except as permitted or authorized restrictions, regulations, or license by applicable county sign regula- requirements as set forth for similar tions. businesses under the county land 10. Licenses, permits. A home occupa- development regulations. tion shall be subject to all applicable 3. Is subject to the applicable business licenses and permits. taxes under F.S., ch. 205. (E) Application and fees. Except as set forth 4. A home occupation is otherwise in subsection(G)below,any person desir- exempt from the requirements of ing to establish a home occupation, as the county land development regula- authorized herein, shall submit an tions pertaining specifically to home application for a home occupation permit occupations, if it operates, in whole to the planning division. The application or in part,from a residential property shall be on a form provided by the plan- and meets the following criteria: ning division and shall include all informa- a. The employees of the home tion required for a complete application. occupation who work at the All such applications shall also be residential dwelling must also accompanied by a fee, as established by reside in the residential dwell- the board of county commissioners. ing, except that up to a total of Applications shall be approved,approved two (2) employees or with conditions, or denied by the corn- independent contractors who munity development director. do not reside at the residential (F) Appeal of community development direc- dwelling may work at the home tor decisions. The community develop- occupation. The home occupa- ment director's decision on a home tion may have additional occupation application may be appealed remote employees that do not within ten (10) working days of the date work at the residential dwell- the decision is rendered. Any appeal may ing. be made by an applicant or affected b. Parking related to the busi- party. Any valid appeal must be received ness activities of the home Supp. No. 148 912/6 SINGLE-FAMILY DEVELOPMENT § 912.05 1111 occupation complies with the and federal regulations with county land development respect to the use, storage, or regulation requirements and disposal of any corrosive, the need for parking generated combustible, or other hazard- by the home occupation may ous or flammable materials or not be greater in volume than liquids. would normally be expected at a similar residence where no (7) Special uses. business is conducted. Vehicles (A) General description of use categories. All and trailers used in connection properties in the unincorporated area of with the home occupation must the county are located within one or be parked in legal parking more zoning districts, as shown in the spaces that are not located official county zoning atlas (original and within the right-of-way, on or copies kept in the planning division). over a sidewalk, or on any The zoning district regulations of Chapter unimproved surfaces at the 911 of the land development regulations residence. specify what uses are allowed in any c. As viewed from the street, the given zoning district. Uses that are use of the residential property allowed are classified in one of three (3) is consistent with the uses of ways: "permitted," "administrative the residential areas that sur- or "special exception." round the property. External 1. Permitted uses are the types of uses modifications made to a found throughout the zoning district residential dwelling to accom- modatewhich are allowed "by right" upon a home occupation must meeting the applicable land develop- conform to the residential ment criteria. General development character and architectural standards apply. aesthetics of the neighbor- 2. Administrative permit uses are hood. The home occupation may considered appropriate in the zoning not conduct retail transactions district upon meeting specific at a structure other than the development criteria, as well as residential dwelling; however, general development standards. • incidental business uses and Administrative permit uses must be activities may be conducted at approved by the planning and zoning the residential property. commission. d. The activities of the home 3. Special exception uses are those occupation are secondary to the uses most closely scrutinized for the property's use as a residential appropriateness of the use and the dwelling. intensity,characteristics,and specific e. The business activities comply location of the use. Special excep- with the county land develop- tion uses must meet specific develop- ment regulations or state ment criteria, as well as general regulations with respect to sig- development standards, and must nage and equipment or be considered by the planning and processes that create noise, zoning commission and approved by vibration, heat, smoke, dust, the board of county commissioners glare, fumes, or noxious odors. at public hearings. Sf. All business activities comply The specific development criteria that with any relevant local, state, apply to administrative permit and special Supp. No. 148 912/7 §912.05 INDIAN RIVER COUNTY CODE exception uses are specified in Chapter (2) Exemptions. The following activities shall 971, Regulations for Specific Land Uses. be exempt from the provisions of this (B) Specific administrative permit and special chapter: exception uses. The many zoning districts (A) Creation of equal or larger building which allow single-family development sites from lots of record. allow various uses by administrative 1. The combination or recombina- permit and special exception approval, tion of all or a portion of previ- as established in Chapter 911, Zoning. ously created and parcels of (Ord. No. 90-16, § 1, 9-11-90; Ord. No. 91-7, record where the newly cre- §§ 12, 13, 2-27-91; Ord. No. 91-48, § 34, 12-4-91; ated and resulting parcels Ord. No. 99-13, § 8, 5-5-99; Ord. No. 2012-016, comply with all applicable §§ 13, 14, 7-10-12;Ord. No. 2017-002,§5,3-7-17; zoning district dimensional Ord. No. 2021-010, § 3, 8-17-21; Ord. No. 2023- criteria or, where applicable, 13, § 2, 9-26-23) the regulations governing non- conformities. Section 912.06. Property "buildability"; 2. The combination or recombina- determining if a parcel tion of all or a portion of previ- can be built upon. ously platted parcels of record No property may be built upon unless it was are exempt where none of the legally created,in conformance with the subdivi- newly created or residual sion ordinance (Chapter 913) and the applicable parcels contain less area,width zoning district lot dimensional standards found or depth than the smallest of in Chapter 911, Zoning. the original parcels of record being combined and no streets (1) Determination of legal parcel creation. A of any kind or public ease- parcel shall be determii.:,;d to be legally ments are created, changed or created in compliance with the regula- extinguished. tions of this chapter if the parcel meets one or more of the following: (B) Boundary settlements. Any convey- (A) The parcel was created under an ance between adjoining landowners if: applicable exemption set forth in section 912.06(2) below; or 1. The purpose of the conveyance is to adjust or settle the (B) The parcel is part of an approved common boundary line between subdivision plat recorded in the adjoining landowners; official plat book sections of the 2. The deed of conveyance or other public records; or legal instrument states such (C) The parcel was created as part of an purpose and is recorded in the approved affidavit of exemption as official records of Indian River provided for in the affidavit of exemp- County; and tion section 913.06(5); or 3. The resulting parcel(s)conform (D) The parcel was created in such a to the applicable zoning district manner that does not constitute an dimensional criteria. unlawful activity as specified in sec- (C) Conveyance to government. Any divi- tion 912.06(3) below; sion of land for the purpose of convey- No building permit shall be issued for ing land to any federal, state or construction of any improvements on a local government entity or agency parcel that was not legally created in or public utility, provided such 111 compliance with these regulations. conveyance is accepted by the Supp. No. 148 912/8 SINGLE-FAMILY DEVELOPMENT §912.06 grantee by an instrument recorded ing of land into two (2) or more in the public records of Indian River parcels without filing a plat under County. the provisions of this chapter,where (D) Division by order of court. Any divi- the land divided was the result of a sion of land by order of a court of previous division of land into two competent jurisdiction. (2) or more parcels which occurred after July 23, 1983, is prohibited. (E) Corrective instrument. Any convey- ance for the purpose of correcting (B) Divide property by any means for an error made in the language used the purpose of sale or transfer of in an original conveyance. title unless each of the resulting parcels has at least the minimum (F) Forty (40) acre tracts. Any division area, width and depth require- of land where all parcels resulting ments prescribed by the zoning from the division contain forty (40) regulations and land use plan of acres of land or more and no public Indian River County as applied to easements or streets are created. the lots created,unless exempt under When the tract prior to dividing is a section 912.06(2) above. size which is not an even multiple of forty (40) acres, a fractional (C) Divide property after December 8, breakdown resulting in lots of equal 1973 by any means where a result size which are larger than thirty- ing lot does not have frontage on: a eight (38) acres also qualifies for dedicated public right-of-way, a the exemption. private platted right-of-way(street), 1111 Notwithstanding this exemption for or a roadway historically and cur- the creation of parcels forty (40) rently maintained by the county, as acres or greater in size,any proposal referenced on the county road grad- or aggregate proposals to create fifty ing map, of at least: (50) or more parcels forty(40) acres 1. Sixty (60) continuous feet, or greater in size shall be deemed to unless exempted under section constitute a subdivision and shall 912.06(2), or unless the lot require approval as a subdivision. fronts upon a cul-de-sac or All provisions of this chapter shall curve and meets the require- apply. ments of section 913.09(6)(C), for properties located within (G) Platting of a portion of a tract. the A-1,A-2,A-3,Con-2,Con-3, Platting of a portion of a parcel or RFD and RS-1 zoning districts; tract, under the terms and procedures of Chapter 913, Subdivi- 2. The minimum lot width of the sions and Platting, shall not zoning district applicable to the constitute a splitting of that parcel lot(s) created for properties or tract. located within zoning districts other than those referenced in (3) Unlawful activity. It shall be unlawful the above paragraph 1.,unless and subject to the penalties provided exempted under section herein for any person to: 912.06(2), or unless the lot (A) Create a subdivision without first fronts upon a cul-de-sac or complying with the provisions of curve and meets the require- this chapter and filing a plat ments of section 913.09(6)(c). approved by the board of county Access,ingress/egress,or other 1110 commissioners unless exempt under easements shall not be deemed section 912.06(2) above. The divid- to constitute a publicly Supp. No. 148 912/8.1 §912.06 INDIAN RIVER COUNTY CODE • 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 ease- ment(s) existed prior to III • III Supp. No. 148 912/8.2 TABLE OF AMENDMENTS • Section Ord. No. Date Section this Code 3 912.05(6)(B)—(E) Added 912.05(6)(G) 912.10(1)(b)[9] 4 956.16(d) 2022-002 2- 1-22 2 901.03 3 911.06(4) 2022-006 5-17-22 2 930.07(2)(e) 2022-010 7- 5-22 1 971.41(10) 2022-013 11- 1-22 1 932.07(3)(a)3. 2022-014 11- 6-22 1 901.03 2 911.10(4) 3 Added 971.13(6) 2023-001 1-17-23 1 930.07(2)(i) 2023-002 1-17-23 2(Att.) Title X,App. A 2023-013 9-26-23 1 901.03 2 912.05(3) Supp. No. 148 TOA/21