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SUPPLEMENT NO. 149
VOLUMES I AND II JUN 20 2024
June 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.2024-006,enacted March 19,2024.
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
iii iii
ix—xi ix—xi
Checklist of up-to-date pages Checklist of up-to-date pages
(following Table of Contents)
SH:7 SH:7
102/1-102/4 102/1-102/4
210/1-210/5 210/1-210/5
305/3-305/6 305/3-305/6
401/1-401/5 401/1-401/7
CCT/9 CCT/9, CCT/10
VOLUME II KLJ4'
901/12.1-901/14 901/13-901/14.1
901/57,901/58 901/57,901/58
914/1-914/6 914/1-914/6
1100/7, 1100/8 1100/7, 1100/8
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
1111 SUPPLEMENT NO. 149
VOLUMES I AND II
June 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.2024-006,enacted March 19,2024.
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
iii iii
ix—xi ix—xi
Checklist of up-to-date pages Checklist of up-to-date pages
(following Table of Contents)
SH:7 SH:7
102/1-102/4 102/1-102/4
210/1-210/5 210/1-210/5
305/3-305/6 305/3-305/6
401/1-401/5 401/1-401/7
CCT/9 CCT/9, CCT/10
VOLUME II
901/12.1-901/14 901/13-901/14.1
901/57,901/58 901/57,901/58
914/1-914/6 914/1-914/6
1100/7, 1100/8 1100/7, 1100/8
TOA/21 TOA/21
Insert and maintain this instruction sheet in front of Volume I.File removed pages for
reference.
municode
Bpi u r.
info@municode.com 1800.262.2633 I www.municode.com
P.O.Box 2235 Tallahassee,FL 32316
4110
CURRENT OFFICIALS
of the
COUNTY OF
INDIAN RIVER, FLORIDA
(2024)
Susan Adams, Chairman
Joseph E. Flescher, Vice Chairman
Joseph H. Earman
III Laura Moss
Deryl Loar
Commissioners
Ryan L. Butler
Clerk of the Circuit Court and Comptroller
111 William DeBraal
County Attorney
Supp. No. 149 iii
•
TABLE OF CONTENTS—VOLUME I
Page
Current Officials of County (2020) iii
Officials of the County at the Time of this Codification v
Preface vii
Checklist of Up-to-Date Pages [1]
Supplement History Table SH:1
Title
I. The Code, County Organization, and Internal Procedures 1/1
Ch. 100. General Provisions 100/1
Ch. 101. Government Organization 101/1
Ch. 102. Board of County Commissioners; Meetings
and Procedures 102/1
Ch. 103. Commissions and Boards 103/1
Pt. I. In General 103/1
Pt. II. Children's Services Advisory Committee 103/7
Ch. 104. Human Resources 104/1
Ch. 105. Purchasing 105/1
Ch. 106. Real Property Disposition Procedures 106/1
II. Taxes, Utilities and Special Districts II/1
Ch. 200. Municipal Service Taxing or Benefit Unit 200/1
Pt. I. Streetlighting 200/1
Pt. I. Additional Services 200/3
Pt. III. Stormwater 200/3
Ch. 201. County Water and Sewer Services 201/1
Pt. I. In General 201/1
Pt. II. Regulation of Franchises 201/18
Pt. III. The Indian River County Industrial
Pretreatment Regulations Ordinance 201/19
Ch. 202. Reclaimed Water Regulations 202/1
Ch. 204. Solid Waste Disposal 204/1
Pt. I. General 204/1
Pt. II. Solid Waste Disposal District 204/13
Ch. 205. Parks and Recreation 205/1
Ch. 206. Special Assessments 206/1
Ch. 207. Local Business Tax Receipts 207/1
Ch. 208. Indian River County Emergency Services
District 208/1
Pt. I. General 208/1
Pt. II. District Fire Code 208/2
Ch. 209. Local Option Gas Tax 209/1
Ch. 210. Tourist Development Tax 210/1
Ch. 211. Levy on Sale of Electrical Energy 211/1
Ch. 212. Cablevision 212/1
Supp. No. 149 iX
INDIAN RIVER COUNTY CODE
•
Title Page
Ch. 213. Property Tax reduction for Construction or
Reconstruction to House Elderly Parent(s) or
Grandparent(s) of Owner(s) 213/1
Ch. 214. State Road 60 Interest Share Fee Ordinance 214/1
CH. 215. Indian River County Local Provider Participa-
tion Fund 215/1
III. Police Power Ordinances III/1
Ch. 300. Alcoholic Beverages 300/1
Ch. 301. False Alarms 301/1
Pt. I. False Fire Alarms 301/1
Pt. II. False Alarms—Law Enforcement 301/3
Ch. 302. Animal Control and Kennel Regulations 302/1
Pt. I. Animal Control 302/1
Ch. 303. Environmental Health and Sanitation 303/1
Pt. I. Environmental Control Board 303/1
Pt. II. Health and Sanitation 303/1
Pt. III. Pollutant Interceptors and Grease Traps 303/2
Pt. IV. Electrical Transmission Lines 303/5
Pt. V. Demolition Approval 303/6
Ch. 304. Life Support Services 304/1
Pt. I. Life Support Services 304/1
Pt. I. Reserved 304/6
Ch. 305. Court Costs 305/1
Ch. 306. Miscellaneous Offenses and Programs 306/1
Ch. 307. Traffic 307/1
Ch. 308. Indian River County Local Housing Assistance
Program 308/1
Pt. I. In General 308/1
Pt. II. Indian River County Neighborhood Stabiliza-
tion Program Acquisition, Rehabilitation,
and Sale Procedures and Standards 308/4
Ch. 309. Fair Housing 309/1
Ch. 310. Sales and Solicitation 310/1
Pt. I. Handbills 310/1
Ch. 312. Rights-of-Way 312/1
Pt. I. [In General] 312/1
Pt. II. Grant of Electric Franchise to Florida Power
and Light Company 312/17
Pt. III. Requirement of Franchise for Natural Gas
Utility 312/20
Ch. 313. Merchandising and Sale of Tobacco Products
and Merchandising,Sale and Use of Electronic
Cigarettes 313/1
Art. I. In General 313/1
Art. II. Electronic Cigarettes 313/2
Ch. 314. Title Loan Regulations 314/1
Ch. 315. Pain Management Clinics and Controlled
1111
Substances 315/1
Supp. No. 149 x
TABLE OF CONTENTS—VOLUME I
Title Page
Ch. 316. Fertilizer and Landscape Management 316/1
Ch. 317. Oil and Gas Well Stimulation Prohibited 317/1
Ch. 318. Illicit Stormwater Discharge 318/1
Ch. 319. Landscape Irrigation 319/1
IV. Contractor and Building Regulations IV/1
Ch. 400. Regulation of Contractors 400/1
Pt. I. General Conditions 400/1
Pt. II. Construction Contractors and Inspectors 400/4
Pt. III. Electrical Contractors and Inspectors 400/4
Pt. N. Plumbing Contractors and Inspectors 400/6
Ch. 401. Building Codes 401/1
Pt. I. Standard Codes Generally 401/1
Pt. II. Amendments to FBC 401/3
Pt. III. Reserved 401/5
Ch. 402. Coastal Construction Code 402/1
Ch. 403. Property Maintenance Code 403/1
Code Comparative Table CCT/1
Volume I Index IX/1
Supp. No. 149 Xi
III
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.
III Volume I 103/5, 103/6 88
Title page 142 103/7, 103/8 147
iii 149 103/9, 103/10 147
v 87 103/11, 103/12 143
vii,viii 87 103/13 143
ix,x 149 104/1, 104/2 147
xi 149 104/3, 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:7 149 106/1, 106/2 135
I/1 135 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, 102/2 149 201/3,201/4 125
102/3, 102/4 149 201/5,201/6 125
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
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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 91 210/1,210/2 149
201/29,201/30 91 210/3,210/4 149
201/31,201/32 91 210/5 149
201/33,201/34 91 211/1 24
201/35,201/36 91 212/1 24
201/37,201/38 91 213/1,213/2 97
201/39,201/40 . 91 214/1,214/2 106
201/41,201/42 91 214/3,214/4 106
201/43,201/44 91 214/5 106
201/45,201/46 91 215/1,215/2 1410
201/47,201/48 141 215/3,215/4 141
201/49,201/50 141 III/1 143
202/1,202/2 102 300/1,300/2 109
202/3,202/4 102 300/3 109
202/4.1 102 301/1,301/2 33
202/5,202/6 10 301/3,301/4 33
204/1,204/2 107 301/5,301/6 33
204/3,204/4 144 301/7,301/8 33
204/5,204/6 144 301/9,301/10 33
204/7,204/8 144 302/1,302/2 133
204/9,204/10 144 302/3, 302/4 133
204/11,204/12 144 302/5,302/6 133
204/12.1,204/12.2 144 302/7,302/8 133
204/13,204/14 47 302/9, 302/10 133
204/15,204/16 47 302/10.1,302/10.2 133
204/17 47 302/11,302/12 73
205/1,205/2 117 302/13,302/14 73
205/3,205/4 146 302/14.1 73
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302/15,302/16 60 312/15,312/16 2
302/17,302/18 60 312/17, 312/18 64
302/19,302/20 133 312/19,312/20 97
302/21 133 313/1,313/2 139
303/1,303/2 95 313/3 139
303/3,303/4 47 314/1, 314/2 33
303/5,303/6 69 314/3,314/4 33
303/7,303/8 69 314/5,314/6 33
304/1,304/2 142 314/7,314/8 33
304/3, 304/4 142 314/9 33
304/5,304/6 142 315/1,315/2 123
305/1,305/2 107 315/3,315/4 123
305/3,305/4 149 315/5,315/6 123
305/5,305/6 149 315/7,315/8 106
306/1,306/2 147 316/1,316/2 99
306/3,306/4 147 316/3,316/4 100
306/5,306/6 147 316/5 100
306/7 147 317/1 120
0 307/1,307/2 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 1V/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 401/1,401/2 149
312/1,312/2 120 401/3,401/4 149
312/3,312/4 120 401/5,401/6 149
312/4.1 120 401/7 149
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
312/11,312/12 2 403/3,403/4 102
312/13,312/14 2 403/5,403/6 102
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Page No. Supp.No. Page No. Supp.No.
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,CCT/10 149 901/6.1 145
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/6 143 901/13,901/14 149
IX/7,IX/8 142 901/14.1 149
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 94III
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
IX/23,IX/24 135 901/31,901/32 94
IX/25,IX/26 147 901/33,901/34 94
IX/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
1X/31,IX/32 146 901/39,901/40 94 ,
IX/32.1 146 901/40.1,901/40.2 94
IX/33,IX/34 141 901/40.3,901/40.4 94
1X/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
V111/1 OC 901/45,901/46 142
800/1,800/2 121 901/46.1 142
800/2.1 121 901/47,901/48 104
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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
901/57,901/58 149 911/11,911/12 142
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
904/3,904/4 138 911/31,911/32 92
904/5 138 911/33,911/34 128
0 910/1,910/2 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
910/35,910/36 71 911/50.15,911/50.16 116
911/1,911/2 105 911/50.17,911/50.18 116
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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 57
911/76.7,911/76.8 79 911/143,911/144 92
911/76.9,911/76.10 79 911/145,911/146 570
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
911/107,911/108 38 912/12.3,912/12.4 101
911/109,911/110 64 912/13,912/14 55
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912/15,912/16 55 913/41 OC
912/17,912/18 101 914/1,914/2 149
912/19,912/20 140 914/3,914/4 149
912/21,912/22 92 914/5,914/6 149
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
913/13,913/14 128 914/20.7 92
913/15,913/16 129 914/21,914/22 OC
0 913/17,913/18 913/19,913/20
128 915/1,915/2 92
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
913/38.9,913/38.10 128 917/3,917/4 92
913/39,913/40 OC 917/5,917/6 92
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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 94
926/21,926/22 64 930/29,930/30 94
926/23,926/24 64 930/31,930/32 940
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
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0
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
2023-014 10-17-23 Included 149
2023-015 10-31-23 Omitted 149
2023-016 10-31-23 Included 149
2023-017 12- 5-23 Omitted 149
2023-018 12-12-23 Included 149
2023-019 12-12-23 Included 149
2024-001 1-23-24 Omitted 149
2024-002 1-23-24 Omitted 149
2024-003 2- 6-24 Omitted 149
2024-004 2- 6-24 Omitted 149
2024-005 2-20-24 Included 149
2024-006 3-19-24 Included 149
2024-007 4-23-24 Omitted 149
0
1110
Supp. No. 149 SH:7
MEETINGS AND PROCEDURES § 102.04
1111
CHAPTER 102. BOARD OF COUNTY 5. Special meetings. Special meetings may be
COMMISSIONERS;MEETINGS AND held at the call of the chairman, or, in his
PROCEDURES absence, at the call of the vice chairman, or at
the request of a majority of the commissioners;
Sec. 102.01. Board of county commissioners meetings and and, whenever practicable, shall provide for not
procedures. less than twelve(12)hours'notice to each member
Sec. 102.02. Presiding officer.
Sec. 102.03. Call to order. and the public.
Sec. 102.04. Order of business. (Ord. No. 90-19,§ 1,9-18-90;Ord. No. 2000-002,
Sec. 102.05. Reading of minutes. § 1, 2-1-00;Ord. No. 2004-023, 7-20-04;Ord. No.
Sec. 102.06. Rules of debate. 2005-026, § 1, 8-16-05; Memo of 11-22-13; Ord.
Sec. 102.07. County officer addressing the commission. No. 2014-005,§2,4-1-14;Ord. No. 2020-011,§2,
Sec. 102.08. Silence constitutes affirmative vote.
Sec. 102.09. Commissioner may file dissent. 9-22-20)
Sec. 102.10. Ordinances,resolutions,and contracts.
Sec. 102.11. Public opportunity to be heard. Section 102.02. Presiding officer.
Section 102.01. Board of county commis- The presiding officer shall conduct meetings
sinners meetings and pursuant to the order of business. He shall
procedures. preserve order and decorum and shall state
every question coming before the commission,
1. Time. The county commission shall gener- announce the decision of the commission on all
ally hold regular meetings on Tuesday beginning subjects,and decide all questions of order,subject
at 9:00 a.m. There shall be no commission to an appeal by any commissioner to the commis-
meeting on the last Tuesday of each month. sion, in which event a majority vote of the
commission shall determine the question of order.
2. Place. All meetings of the commission shall The presiding officer shall vote on all questions
be held in the Commission Chambers, County unless he abstains pursuant to general law.
Administration Building A, 1801 27th Street,
When appropriate he shall sign all ordinances,
Vero Beach,Florida,unless otherwise decided by
resolutions, and other documents adopted by the
the commission. commission during his presence.
3. Quorum. A majority of the commission (Ord. No. 90-19, § 1, 9-18-90)
shall constitute a quorum.
Section 102.03. Call to order.
4. Agenda. All matters to be placed on the The presiding officer shall take the chair at
agenda for a regular meeting shall be uploaded
to the county's document management system, the hour appointed for the meeting and shall call
allowing for approval chain to reach the county the commission to order.
administrator on or before noon of the Wednesday (Ord. No. 90-19, § 1, 9-18-90)
before the commission meeting at which the Section 102.04. Order of business.
matter is to be heard. The county administrator
shall then compile an agenda kit arranged accord- The order of business shall appear on the
ing to the order of business and furnish each agenda as follows:
member of the commission, and the county 1. Call to order.
attorney with a kit on or before Friday noon
preceding the commission meeting. An agenda 2. a. Moment of silent reflection for first
kit shall be kept for inspection by the public. responders and members of the
Electronically,the agenda shall be emailed to the Armed Forces.
public and posted on www.ircgov.com. Once the b. Invocation.
agenda kits have been distributed no additional 3. Pledge of Allegiance.
matters shall be presented to the county commis-
", sion except with the unanimous approval of the 4. Additions or deletions to the agenda/
commission. emergency items.
Supp. No. 149 102/1
§ 102.04 INDIAN RIVER COUNTY CODE
5. Proclamations and presentations. Section 102.05. Reading of minutes.
6. Approval of minutes. Unless a reading of the minutes of a commis-
7. Information items from staff or commis- sion meeting is requested by the commission,the
minutes may be approved without reading if a
sinners not requiring board action. copy has previously been furnished to each com-
8. Consent agenda. missioner.
(Ord. No. 90-19, § 1, 9-18-90)
9. Constitutional officers and governmental
agencies. Section 102.06. Rules of debate.
10. Public items: 1. Presiding officer may debate. The presiding
a. Public hearings; officer may not move except for nominations but
b. Public discussion items; may, second, and debate from the chair, subject
only to such limitations of debate as are imposed
c. Public notice items. on all members, and shall not be deprived of any
11. County administrator matters. of the rights and privileges of a commissioner by
reason of acting as presiding officer.
12. Departmental matters: 2. Getting the floor. Any commissioner desir-
a. Community services; ing to speak shall address the chair and upon
b. Emergency services; recognition by the presiding officer, shall be
confined to the questions under debate.
c. Human resources;
3. Introduction before commission.All substan-
d. Information technology; tive matters requiring action by the commission
e. Natural resources; shall be introduced by motion and supported by
1111
a second.
f. Office of management and budget;
4. Interruptions. Any commissioner who has
g. Parks, recreation, and conserva- the floor shall not be interrupted unless it is to
tion; preserve order or to ask for an explanation. If a
h. Planning and development services; commissioner is called to order speaking shall
i. Public works; cease until the question of order is determined.
j. Utilities services. 5. Privilege of closing debate. The commis-
sioner moving the adoption of an ordinance,
13. County attorney matters. resolution, or motion shall have the privilege of
speaking last.
14. Commissioners matters.
15. Special districts and boards. 6. Votes required. No action of the commission
shall be valid unless adopted by the affirmative
a. Emergency services district; vote of at least three(3)members of the commis-
b. Solid waste disposal district; sion, and, except as required by state law, no
more than three (3) affirmative votes shall be
c. Environmental control board. required to pass any motion except for items to
16. Adjournment. be added to the agenda once the agenda kits
(Ord. No. 90-19,§ 1,9-18-90;Ord. No. 94-32,§ 1, have been distributed,in which case a unanimous
11-22-94; Ord. No. 97-20, § 1, 6-17-97; Ord. No.
vote is required.
2000-002, § 2, 2-1-00; Ord. No. 2003-020, § 1, 7. Motion to reconsider.A motion to reconsider
7-8-03;Ord. No. 2008-006, § 1, 3-11-08;Ord. No. an action taken by the commission may be made
2014-005, § 3, 4-1-14; Ord. No. 2020-011, § 2, only during the session at which such action was
9-22-20; Ord. No. 2023-014, § 1, 10-17-23) taken. Such motion must be made by one on the
Supp. No. 149 102/2
MEETINGS AND PROCEDURES § 102.11
4110
prevailing side, but may be seconded by any 3. Rates and fees by resolution. All rates,fees,
member. This section shall not preclude any deposits,and charges adopted by the commission
item on which commission action has already will, to the extent permitted by law, be adopted
been taken from being placed on a subsequent by resolution rather than by ordinance.
agenda.
(Ord. No. 90-19, § 1, 9-18-90) 4. [County attorney review of contract docu-
ments.] All contract documents shall be
Section 102.07. County officer addressing coordinated with and noted by the county attorney
the commission. and county administrator before presentation to
commission. Contracts that do not require corn-
missionThe county officers shall have the right to action shall be noted by the county
take part in discussion, upon recognition by the attorney before execution; provided, however,
presiding officer, at any time but may not vote. county attorney's review of purchase orders is
(Ord. No. 90-19, § 1,9-18-90;Ord. No. 2013-015, not required.
§ 3, 10-1-13) (Ord. No. 90-19, § 1, 9-18-90)
Editor's note—Section 3 of Ord. No. 2013-015,adopted
Oct. 1,2013,changed the title of§ 102.07 from"Addressing Section 102.11. Public opportunity to be
the commission" to "County officer addressing the commis- heard.
sion."
1. Members of the public shall be given a
Section 102.08. Silence constitutes reasonable opportunity to be heard on a proposi-
affirmative vote. tion before the board of county commissioners.
The board shall provide an opportunity for public
4110 Unless a member of the board states he is comment prior to the undertaking by the board
abstaining, his silence shall be recorded as an of any action on the agenda, including those
affirmative vote. matters on the consent agenda,which falls outside
(Ord. No. 90-19, § 1, 9-18-90) the scope of those items listed in subsection (2)
below. Public comment shall also be heard on
Section 102.09. Commissioner may file any proposition which the board is to take action
dissent. which was either not on the board agenda or
distributed to the public prior to the commence-
Any commissioner may have the reasons for ment of the meeting;
his dissent from or protest against any action of
the commission entered in the minutes. 2. The requirements in subsection (1) do not
(Ord. No. 90-19, § 1, 9-18-90) apply to:
a. An official act that must be taken to deal
Section 102.10. Ordinances, resolutions, with an emergency situation affecting
and contracts. the public health, welfare, or safety, if
compliance with the requirements would
1. Preparation of ordinances. All ordinances cause an unreasonable delay in the abil-
shall be approved by the county administrator ity of the board to act;
and the county attorney and no ordinance shall
be prepared for presentation to the commission b. An official act of the board involving no
unless requested by a commissioner or county more than a ministerial act, including,
officer. but not limited to, approval of minutes
and ceremonial proclamations;
2. Procedures for adoption of ordinances and
resolutions. Each ordinance and resolution shall c. A meeting that is exempt pursuant to
be adopted in accordance with the procedures F.S. § 286.011, such as a meeting with
specified in Florida Statutes. the county attorney's office concerning
Supp. No. 149 102/3
§ 102.11 INDIAN RIVER COUNTY CODE
0
settlement negotiations or strategy ses-
sions related to litigation expenditures;
or
d. A meeting during which the board is
acting in a quasi-judicial capacity.
3. Any person who desires to address the
board of county commissioners may be recognized
by the presiding officer, and when recognized
shall step to the microphone, give his or her
name and address, and then give his or her
remarks, limiting his or her remarks to three(3)
minutes unless additional time is granted by the
presiding officer.
4. Representatives of groups or factions on a
proposition may address the board of county
commissioners, rather than all members of such
groups or factions, at meetings in which a large
number of individuals wish to be heard.
(Ord. No. 2013-015, § 4, 10-1-13)
III
0
Supp. No. 149 102/4
TOURIST DEVELOPMENT TAX §210.03
CHAPTER 210. TOURIST DEVELOPMENT vehicle park, camping space or condominium for
TAX a term of six (6) months or less. Said additional
tax shall be for the purpose of funding those
Sec. 210.01. Taxing district and levy. authorized uses of tourist development tax
Sec. 210.02. Tourist development plan.
Sec. 210.03. Authorized uses of revenue. revenue as set out in section 210.03(a)(2) and
Sec. 210.04. Local administration of tourist development section 210.03(a)(6) of this chapter.
tax. (Ord. No. 92-26,§5, 7-14-92;Ord. No. 93-27, § 1,
7-20-93;Ord. No. 2000-029, § 1, 9-7-00;Ord. No.
Section 210.01. Taxing district and levy. 2019-004, § 2, 1-15-19; Ord. No. 2023-012, § 2,
8-29-23; Ord. No. 2023-018, § 2, 12-12-23)
(a) There are hereby created two (2) taxing
districts in which the tourist development tax is Section 210.02. Tourist development plan.
imposed. One taxing district encompasses the
geographical boundaries of the City of Vero There are hereby adopted the plans for tourist
Beach. The second taxing district encompasses development for each district created by the
the remainder of geographical boundaries of tourist development council with regard to the
Indian River County. specific revenues and expenditures for the first
(b) There is hereby adopted and imposed a twenty-four(24)months following the levy of the
two (2) percent tourist development tax in tourist development tax. The plans are attached
accordance with F.S. § 125.0104, on the exercise hereto and by reference are hereby incorporated
within each of the taxing districts herein created as if fully set forth herein.
of the taxable privilege of renting, leasing, or (Ord. No. 92-26, § 5, 7-14-92)
letting, for consideration any living quarters or
110 accommodations in any hotel, apartment hotel, Section 210.03. Authorized uses of
motel, rooming house, mobile home park, revenue.
recreational vehicle park, camping space or (a) All revenues received pursuant to this
condominium for a term of six(6)months or less. article shall be used for the following purposes
(c) There is hereby adopted and imposed an only:
additional one percent tourist development tax (1) To acquire, construct, extend, enlarge,
in accordance with F.S. § 125.0104(3)(d), on the remodel,repair,improve,maintain,oper-
exercise within each of the taxing districts of the ate, or promote one or more publicly
taxable privilege of renting, leasing, or letting owned and operated convention centers,
for a consideration any living quarters or accom- sport stadiums,sports arenas,coliseums,
modations in any hotel, apartment hotel, motel, or auditoriums, within the boundaries of
rooming house, mobile home park, recreational the county or subcounty special taxing
vehicle park, camping space or condominium for distinct. However, these purposes may
a term of six (6) months or less. Said additional be implemented through services,
tax shall be for the purpose of funding those contracts and leases with persons who
authorized uses of tourist development tax maintain and operate adequate existing
revenue as set out in section 210.03(a)(4) of this lessees that have sufficient expertise or
chapter. financial capacity to operate such facili-
(d) There is hereby adopted and imposed an ties;
additional one percent tourist development tax (2) To promote and advertise tourism in the
in accordance with F.S. § 125.0104(3)(1), on the State of Florida and nationally and
exercise within each of the taxing districts of the internationally; however, if tax revenues
taxable privilege of renting, leasing, or letting are expended for an activity, service,
for consideration any living quarters or accom- venue, or event, the activity, service,
1110 modations in any hotel, apartment hotel, motel, venue, or event must have as one of its
rooming house, mobile home park, recreational main purposes the attraction of tourists
Supp. No. 149 210/1
§ 210.03 INDIAN RIVER COUNTY CODE
as evidenced by the promotion of the of this section. Up to one half(1/2)percent of the
activity, service, venue, or event to tour- remaining revenue derived from the tourist
ists; development tax levied pursuant to sections
(3) To fund convention bureaus, tourist 210.01(b) and (c) of this chapter may be used
bureaus, tourist information centers and pledged to secure and liquidate revenue bonds
news bureaus as county agencies or by issued by the county for the purposes set forth in
contract with the chambers of commerce section (a)(1), (2), and (3).
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, restora- 8-29-23; Ord. No. 2023-018, § 2, 12-12-23)
tion, and erosion control, including
shoreline protection, enhancement, Section 210.04. Local administration of
cleanup, restoration of inland lakes and tourist development tax.
rivers to which there is public access;
(5) Until such time as the county reaches a (a) Any person, firm or corporation receiving
population of five hundred thousand consideration for rental or lease(herein referred
(500,000)based on the most recent popula- to as the "dealer") for any period subsequent to
tion estimated prepared pursuant to the October 1, 2000, shall receive, account for, and
provisions of F.S. § 186.901, as in effect remit the tax to the county clerk of the circuit
on July 1st of each year, tax revenues court.
received pursuant to this article may (b) Initial collection of the tax shall be made
also be used to acquire,construct,extend, in the same manner as the tax imposed under
enlarge, remodel, repair, improve, F.S. Ch. 212.
maintain,operate or promote one or more
museums, zoological parks, fishing piers (c) The county clerk of the circuit court shall
or nature centers which are publicly be responsible for the collection of the tax from
owned and operated or owned by not-for- the dealer and administration of the tax.
profit organizations are open to the public.
(d) The same duties and privileges imposed
(6) Pay the debt service on bonds issued to by F.S. Ch. 212,upon dealers in tangible property,
finance the construction, reconstruction, respecting the collection and remission of tax,
or renovation of a professional sports the making of returns, the keeping of books,
franchise facility, or the acquisition, records and accounts, shall apply to and be
construction, reconstruction, or renova- binding upon all persons who are subject to the
tion of a retained spring training franchise provisions of this chapter; provided, however,
facility, either publicly owned and oper- that the county clerk of the circuit court may
ated, or publicly owned and operated by authorize a quarterly return and payment when
the owner of a professional sports the tax remitted by the person receiving the
franchise or other lessee with sufficient consideration for such rental or lease for the
expertise or financial capability to oper- preceding quarter did not exceed one hundred
ate such facility, and to pay the planning dollars ($100.00).
and design costs incurred prior to the
issuance of such bonds. (e) The county clerk of the circuit court shall
promulgate such rules,and prescribe and publish
(b) A minimum of fifty (50) percent of the such forms as may be necessary to effectuate the
revenues to be derived from the tourist develop- purposes of the section.
ment tax levied pursuant to sections 210.01(b)
and (c) of this chapter shall be used pledged to (f) The county clerk of the circuit court shall
secure and liquidate revenue bonds issued by the perform the enforcement functions associated
county for the purposes set forth in section(a)(4) with the collection and remission of this tax.
Supp. No. 149 210/2
TOURIST DEVELOPMENT TAX § 210.04
(g) A total of three (3) percent of the total garnishment to subject any indebtedness due to
tourist development tax collected shall be retained the delinquent dealer by a third person in any
by the county clerk of the circuit court for costs of goods,money,chattels or effects of the delinquent
administration. dealer in the hands, possession or control of the
third person in the manner provided by law for
(h) The taxes imposed by this section shall
the payment of the tax due. Upon payment of the
become county funds at the moment of collection
execution, warrant, judgment or garnishment,
and shall for each month be due to the county the clerk shall satisfy the lien of record within
clerk of the circuit court on the first day and is thirty(30) days.
delinquent on the twenty-first day of the month
following,unless otherwise provided for by subsec- (j) As specifically provided by F.S. § 212.12,
tion (d). Collections received by the county clerk penalties for non-compliance, when any person,
of the circuit court from the tax, less costs of firm, or corporation required hereunder to make
administration of the local collection, shall be any return or to pay the tax imposed, fails to
paid and returned, on a monthly basis, the timely file such return or fails to pay the tax due
county, for use by the county in accordance with with in the time required hereunder, in addition
the provisions of this chapter and shall be placed to all other penalties provided herein and by the
in the "Indian River County Tourist Develop- laws of this state in respect to such taxes, a
ment Trust Fund." specific penalty shall be added to the tax in the
amount of ten (10) percent of any unpaid tax, if
(i) The county clerk of the circuit court assumes the failure is for not more than thirty (30) days,
all responsibility for collecting and enforcing or fraction thereof, during the time which the
payment of current and delinquent tourist failure continues,not to exceed a total penalty of
development taxes. The clerk of the circuit court fifty(50)percent,in the aggregate,of any unpaid
adopts any and all powers and authority granted tax. In no event may the penalty be less than ten
in F.S. § 125.0104 and F.S. Ch. 212, and as dollars ($10.00) for failure to timely file a tax
further incorporated therein to determine the return required.
amount of the tax, penalties and interest to be
paid by each dealer and to enforce payment of (k) Interest earned on the tax collections
such tax, penalties, and interest by, but not received by the county clerk of the circuit court
limited to, distress warrants, writ of garnish- shall be remitted by the clerk of the circuit court
ments and criminal penalties as provided in F.S. on a quarterly basis to be placed in the county
Ch. 212. In addition to criminal sanctions, the tourist development tax fund.
clerk is empowered,and it shall be its duty,when (1) The clerk of the circuit court of the county
any tax becomes delinquent or is otherwise in or his/her designated agent shall perform the
jeopardy under this section, to issue a warrant audit functions associated with this tax, includ-
for the full amount of the tax due or estimated to ing, without limitation, the following:
be due, with the interest, penalties and cost of
collection,directed to all and singular the sheriffs (1) For the purpose of enforcing this part,
of the state, and shall record the warrant in the the clerk of the circuit court is hereby
public records of the county; and thereupon the specifically authorized and empowered
amount of the warrant shall become a lien on to examine at all reasonable hours the
any real or personal property of the taxpayer in books, records, and other documents of
the same manner as a recorded judgment. The all persons taxable hereunder, or other
clerk may issue a tax execution to enforce the persons charged with the duty to report
collection of taxes imposed by this section and or pay a tax under this chapter, in order
deliver it to the sheriff. The sheriff shall thereupon to determine whether they are collecting
proceed in the same manner as prescribed by law the tax or otherwise complying with this
for executions and shall be entitled to the same chapter. In the event said person refuses
fees for his services in executing the warrant to to permit such examination of its books
be collected. The clerk may also have a writ of records, or other documents by the clerk
Supp. No. 149 210/3
§210.04 INDIAN RIVER COUNTY CODE
of the circuit court as aforesaid, such (ii) A reminder that all of the
person is guilty of violating the provi- records, receipts, invoices, and
sions of this chapter and shall be subject related documentation of the
to the penalties provided for in F.S. taxpayer must be made avail-
§ 125.69. The county clerk of the circuit able to the auditor.
court shall have the right to proceed in
circuit court to seek a mandatory injunc- (iii) Any other request or sugges-
tion or other appropriate remedy to enforce tions the clerk of the circuit
its rights against the offender,as granted court may deem necessary
by this section, to require an examina- b. Only records,receipts,invoices, and
tion of the books and records of such related documentation which are
dealer. available to the auditor when such
(2) Each person taxable hereunder, shall audit begins shall be deemed accept-
secure,maintain,and keep for a period of able for the purposes of conducting
three(3)years a complete record of rooms such audit.
or other lodging, leased or rented by said
persons,together with gross receipts from (m) Any dealer who falls or refuses to charge
such sales, and other pertinent records and collect the tax from the person paying any
and papers as may be required by the rental or lease, either by himself or through his
clerk of the circuit court for the reason- agents or employees, is (pursuant to F.S.
able administration of this section; and
all such records which are located or § 126.0104(8)(a)),in addition to being personally
liable for the payment of the tax, guilty of a
maintained in this state shall be open for misdemeanor of the first degree, punishable as
inspection by the clerk of the circuit provided in F.S. §§ 775.082 and 775.083.
court at all reasonable hours at such1110
person's place of business located in the (n) No person shall advertise or hold out to
county. Any person who maintains such the public in any manner, directly or indirectly,
books and records at a point outside this that he will absorb all or any part of the tax,that
county must make such books and records he will relieve the person paying the rental of the
available for inspection by the county payment of all or any part of the tax, or that the
clerk of the circuit court. Any person tax will not be added to the rental or lease
subject to the provisions of this chapter consideration or,when added,that it or any part
who violates these provisions shall be thereof will be refunded or refused,either directly
subject to the penalties provided for in or indirectly, by any method whatsoever. Any
F.S. § 125.69. person who willfully violates any provision of
(3) The clerk of the circuit court shall send this subsection is (pursuant to F.S.
written notification, at least thirty (30) § 125.0104(8)(b)), guilty of a misdemeanor of the
days prior to the date an auditor is first degree, punishable as provided in F.S.
scheduled to begin an audit, informing §§ 775.082 or 775.083.
the taxpayer of the audit. The clerk of
the circuit court is not required to give (o) As compensation for the keeping of
thirty (30) days prior notification of a prescribed records and the proper accounting
forthcoming audit in any instance in and remitting of taxes, a dealer shall be allowed
which the taxpayer requests an emergency a dealer's credit in accordance with the provision
audit. of F.S. § 212.12(1).
a. Such written notification shall
contain: (p) Tax revenues collected hereunder may be
(i) The appropriate date of which used only in accordance with the provision of F.S.
the auditor is scheduled to § 125.0104. Taxes collected by the county clerk of
begin the audit. the circuit court, less costs of administration
Supp. No. 149 210/4
TOURIST DEVELOPMENT TAX §210.04
0
identified in subsection (g) of this section shall
be remitted on a monthly basis for deposit into
the county tourist development trust fund.
(q) The county clerk of the circuit court shall
keep appropriate books, records and accounts of
the tourist development tax collections and make
quarterly written reports of collections to the
county tourist development council, through the
office of management and budget of the county.
(Ord. No. 2000-019, § 1, 7-11-00)
0
0
Supp. No. 149 210/5
COURT COSTS §305.09
Section 305.06. Court assessment for (3) An alcohol and other drug abuse treat-
alcohol and other drug ment or education program recipient shall, in
abuse programs. seeking assistance grants from the The county
Alcohol and Other Drug Abuse Trust Fund,
On and after the effective date of this chapter, provide the board with detailed financial informa-
and pursuant to Sections 938.21, 938.23 and tion and requests for expenditures.
893.165, Florida Statutes (2003), the courts in (Ord. No. 2004-019, 6-22-04)
The county may assess, for alcohol and other
drug abuse programs, any person who pleads Section 305.08. Maintenance of driver
guilty or nolo contendere to, or is convicted of, a education program trust
violation of any provision of Chapter 893,Florida fund.
Statutes(2004)or that involves a criminal viola-
tion of Sections 316.193, 856.011, or 856.015, The The county Traffic Education Program
Florida Statutes(2003),or Chapter 562,Chapter Trust Fund,created October 1,2002 by Ordinance
567, or Chapter 568, Florida Statutes (2003), in No. 2002-026, and re-established effective July
addition to any fine and other penalty provided 1, 2004 by Ordinance No. 2004-019, shall be
by law, a court cost in an amount up to the maintained by the clerk and county in the The
amount of the fine authorized for the violation if county Driver Education Program Trust Fund
the court finds that the person has the ability to for the purposes set forth in Section 305.10 of the
pay the fine and the additional assessment and Code. The county imposed an additional three
will not be prevented thereby from being dollar ($3.00) fee on all civil traffic penalties
rehabilitated or from making restitution. issued in The county from October 1, 2002
(Ord. No. 2004-019, 6-22-04) through and including September 30,2006. Civil
traffic penalties are collectable for several years
after the issuance of the civil traffic infraction
Section 305.07. Accounting and uses of ticket. Any three dollar ($3.00) fee received on
The county Alcohol and and after October 1, 2006 shall be deposited in
Other Drug Abuse Trust the Indian River Driver Education Program
Fund. Trust Fund.
(1) All assessments authorized by section There is hereby created the The county Driver
305.06 shall be collected by the Clerk of the Education Program Trust Fund. Funds deposited
Circuit Court of The county("Clerk") and remit- into the The county Driver Education Program
ted to The county for deposit into the The county Trust Fund shall be used to fund driver educa-
Alcohol and Other Drug Abuse Trust Fund for tion programs in public and nonpublic schools.
the purpose of providing assistance grants to The funds shall be used for direct educational
drug abuse treatment or alcohol treatment or expenses and shall not be used for administra-
education programs as provided in Section tion. The board shall administer the funds
893.165, Florida Statutes (2003). Pursuant to deposited into the The county Driver Education
Section 893.165(2), Florida Statutes (2003), the Program Trust Fund.
board shall require a full report from the clerk (Ord. No. 2004-019, 6-22-04;Ord. No. 2006-035,
once each month of the amount of such assess- § 2, 9-19-06; Ord. No. 2015-003, § 1, 2-17-15)
ments imposed by the courts. Editor's note—Section 1 of Ord. No. 2015-003,adopted
Feb. 17,2015,changed the title of§305.08 from"Maintenance
of traffic education program trust fund"to read as herein set
(2) To receive assistance grants from the The out.
county Alcohol and Other Drug Abuse Trust
Fund,county alcohol and other drug abuse preven- Section 305.09. Collection of five dollars.
tion, treatment, or education programs shall be
designated by the board as the chosen program Effective March 1,2015,the clerk shall collect
recipients. Such designations shall be made an additional five dollars ($5.00) with each civil
annually, based on success of the programs. traffic penalty assessed in the county. The collec-
Supp. No. 149 305/3
§305.09 INDIAN RIVER COUNTY CODE
110
tion of such additional five dollars ($5.00) shall of sixty-five dollars ($65.00) shall be imposed by
not be waived. The clerk shall keep a record of the courts in the county when a person pleads
funds collected. The clerk shall deposit all funds guilty or nolo contendere to, or is found guilty of,
collected pursuant to this section into the The or adjudicated delinquent for each count of, any
county Driver Education Program Trust Fund. felony, misdemeanor, delinquent act, or criminal
Beginning on March 1, 2015, once each quarter, traffic offense under the Florida Statutes. The
the clerk shall submit a full report to the board courts in the county shall order payment of these
as to the amount of funds collected and deposited additional court costs in all matters as set forth
into the The county Driver Education Program in Section 305.11, but shall defer payment if the
Trust Fund, and the amount of expenditures person against whom the cost is imposed is
from the Indian River Driver Education Program indigent. The additional court cost authorized
Trust Fund. pursuant to F.S. § 939.185, as amended shall be
(Ord. No. 2015-003, § 2, 2-17-15) collected by the clerk and remitted to the county
Editor's note—Ord.No.2006-035,§3,adopted September for use in accordance with Section 305.12 of this
19,2006,repealed§305.09,which pertained to court assess- Code.
went for traffic education program trust fund. See also the (Ord. No. 2004-019, 6-22-04;Ord. No. 2007-028,
Code Comparative Table.
Subsequently, Ord. No. 2015-003, § 2, adopted Feb. 17, § 2, 7-24-07; Ord. No. 2024-005, § 2, 2-20-24)
2015,enacted new provisions to read as herein set out.
Section 305.12. Uses of additional court
Section 305.10. Uses and purposes of costs in criminal cases.
driver education program
trust fund. (1) Funds received from the additional court
Funds deposited into the The county Driver cost set forth in Section 305.11 shall be distributed
Education Program Trust Fund shall be used to as follows:
fund driver education programs in public and (A) Twenty-five (25) percent shall be remit-
10
nonpublic schools. The funds shall be used for ted to fund innovations to supplement
direct educational expenses and shall not be funding for the state court system in the
used for administration. The board shall county consistent with F.S. § 29.004 and
administer the funds deposited into the The to fund local requirements consistent
county Driver Education Program Trust Fund. with F.S. § 29.008(2)(a)2.
The board shall award annual grants from funds
deposited into the Indian River Driver Educa- (B) Twenty-five (25) percent shall be remit-
tion Program Trust Fund to public and nonpub- ted to assist in providing legal aid
lic schools for driver education programs in such programs in the county consistent with
public and nonpublic schools,based on an applica- F.S. § 29.008(3).
tion and selection procedure administered by the (C) Twenty-five (25) percent shall be remit-
county administrator or his designee. ted to fund personnel and legal materials
(Ord. No. 2004-019, 6-22-04;Ord. No. 2015-003, for the public as part of law libraries in
§ 3, 2-17-15) the county.
Editor's note—Section 3 of Ord. No. 2015-003,adopted
Feb. 17,2015, changed the title of§ 305.10 from"Uses and (D) Twenty-five (25) percent of the amount
purposes of traffic education program trust fund"to read as collected shall be used as determined by
herein set out. the board of county commissioners to
Section 305.11. Imposition of additional support teen court programs, juvenile
court costs in criminal assessment centers, and other juvenile
cases pursuant to Section alternative programs.
939.185, Florida Statutes (2) In accordance with F.S. § 939.185, the
(2004), as amended. county shall report the amount of funds collected
Pursuant to the authority set forth in F.S. pursuant to Section 305.11 and an itemized list
III
§ 939.185, as amended, an additional court cost of expenditures for all authorized programs and
Supp. No. 149 305/4
COURT COSTS §305.17
activities. The report shall be submitted in a Section 305.15. Allocation of funds
format developed by the Supreme Court to the received from court costs
Governor, the Chief Financial Officer, the imposed on non-criminal
President of the Senate, and the Speaker of the traffic infractions or viola-
House of Representatives on a quarterly basis tions pursuant to F.S.
beginning with the quarter ending September § 318.18(11)(c).
30, 2004. Quarterly reports shall be submitted
no later than thirty(30)days after the end of the Pursuant to the authority set forth in F.S.
quarter. In accordance with F.S. § 939.185, any §318.18(11)(c), an additional two dollar and fifty
unspent funds at the close of the county fiscal cents ($2.50) court cost must be paid for each
year allocated under subsections (1)(B), (C), and non-criminal traffic infraction or violation that
(D) of this section shall be transferred for use is disposed pursuant to F.S. § 318.14. The
pursuant to subsection (1)(A) of this section. additional court cost collected pursuant to F.S.
(Ord. No. 2004-019, 6-22-04) § 318.18(11)(c) shall be collected by the clerk,
deposited into the Criminal Justice Education
Section 305.13. Imposition of surcharge in and Training Trust Account, and remitted to the
non-criminal traffic cases county sheriff to help pay for criminal justice
pursuant to F.S. education and training programs in accordance
§ 318.18(13)(a). with F.S. § 938.15.
(Ord. No. 2004-019, 6-22-04)
Pursuant to the authority set forth in F.S.
§ 318.18(13)(a), every person who pays a fine or
civil penalty for any violation of a non-criminal Section 305.16. Imposition of additional
traffic infraction pursuant to F.S. Ch. 318 and court costs on non-
every person who pleads guilty or nolo contend- criminal traffic infrac-
ere to or is convicted of, regardless of adjudica- tions or violations
tion,a violation of a non-criminal traffic infraction pursuant to F.S.
or a criminal violation of F.S. § 318.17 shall be § 318.18(11)(d).
assessed a surcharge of fifteen dollars ($15.00). Pursuant to the authority set forth in F.S.
A non-criminal traffic infraction is defined in
F.S. § 318.14(1). The courts in the county shall §§ 318.18(11)(d) and 938.15, an additional two
order payment of the surcharge imposed under dollar ($2.00) court cost is hereby imposed, re-
this section in all matters subject to this chapter imposed, and assessed on each non-criminal
and the clerk shall add this surcharge to all traffic infraction or violation that is disposed
payments of fines or civil penalties for any pursuant to F.S. § 318.14.
violation of a non-criminal traffic infraction. The (Ord. No. 2004-019, 6-22-04)
surcharge collected pursuant to F.S.
§ 318.18(13)(a), shall be collected by the clerk Section 305.17. Allocation of funds
and remitted to the county for use in accordance received from additional
with Section 305.14 below. court costs on non-
(Ord. No. 2004-019, 6-22-04) criminal traffic infrac-
tions or violations
Section 305.14. Uses of funds received pursuant to Section
from the surcharge in 318.18(11)(d) Florida
non-criminal traffic cases. Statutes (2004).
The funds collected pursuant to Section 305.13 Pursuant to F.S. §318.18(11)(d),the additional
shall be used to fund state court facilities in court cost imposed under Section 305.16 shall be
accordance with F.S. § 318.18(13)(a) and in collected by the clerk,deposited into the Criminal
4110 accordance with the direction of the board. Justice Education and Training Trust Account,
(Ord. No. 2004-019, 6-22-04) and remitted to the the county sheriff to help pay
Supp. No. 149 305/5
§305.17 INDIAN RIVER COUNTY CODE
for criminal justice education degree programs not having contained such section, subsection,
and training courses programs in accordance sentence, clause, or provision, and shall not be
with F.S. § 938.15. affected by such holding.
(Ord. No. 2004-019, 6-22-04) (Ord. No. 2004-019, 6-22-04)
Section 305.18. Allocation of additional Section 305.21. Inclusion into the Code of
court costs imposed on Ordinances.
criminal cases pursuant to It is the intent of the board that the provisions
Section 775.083, Florida of this chapter shall become and be made part of
Statutes (2004). this Code and that the sections of this chapter
Pursuant to the authority set forth in F.S. may be renumbered or relettered.
§ 775.083(2), in addition to the fines set forth in (Ord. No. 2004-019, 6-22-04)
subsection (1) of F.S. § 775.083(2), court costs
shall be assessed and collected in each instance a Section 305.22. Effective date.
person pleads nolo contendere to, or is convicted A certified copy of the ordinance from which
of, or adjudicated delinquent for, a felony, a this chpater is derived shall be filed with the
misdemeanor, or a criminal traffic offense under Department of State by the clerk to the board
state law, or a violation of any municipal or immediately after adoption of this chapter, and
county ordinance if the violation constitutes a this chapter shall take effect on July 1, 2004.
misdemeanor under state law. As set forth in (Ord. No. 2004-019, 6-22-04)
F.S. § 775.083(2), the court costs imposed shall
be fifty dollars ($50.00) for a felony and twenty
dollars ($20.00) for any other offense and shall
be collected by the clerk and remitted to the
county for use in accordance with this section.
The county shall account for the funds received
under this section separately from other county
funds as crime prevention funds. The county, in
consultation with the county sheriff,must expend
such funds for crime prevention programs in the
county, including, without limitation, safe
neighborhood programs under F.S. §§ 163.501
through 163.523.
(Ord. No. 2004-019, 6-22-04)
Section 305.19. Repeal of conflicting
ordinances.
The provisions of any other county ordinance
that are inconsistent or in conflict with the
provisions of this chapter are repealed to the
extent of such inconsistency or conflict.
(Ord. No. 2004-019, 6-22-04)
Section 305.20. Severability.
It is declared to be the intent of the board,
that if any section, subsection, sentence, clause,
or provision of this chapter is held invalid, the
remainder of the chapter shall be construed as
Supp. No. 149 305/6
BUILDING CODES §401.07
CHAPTER 401. BUILDING CODES Section 401.02. Reserved.
Part I. Standard Codes Generally Editor's note-Ord.No. 2002-007,§1,adopted March 5,
2002, repealed § 401.02 which pertained to the Florida
Sec. 401.01. Standard technical codes. Thermal Efficiency Code. See the Code Comparative Table.
Sec. 401.02. Reserved.
Sec. 401.03. Minimum standards for mobile homes. Section 401.03. The minimum standards
Sec. 401.04. Reserved. for mobile homes.
Sec. 401.05. Construction and application of the technical
codes. The minimum standards for mobile homes,
Sec. 401.06. Violation of technical codes. house trailers, or modular homes shall be as
Sec. 401.07. The Indian River County Wind Borne Debris specified in the Florida Administrative Codes
Region and Basic Wind Speed Map. and F.S. § 320.8325.
Secs. 401.08-401.09. Reserved.
(Ord. No. 91-12,§ 1, 3-26-91;Ord. No. 2002-007,
Part II. Amendments to FBC § 1, 3-5-02)
Sec. 401.10. Administrative amendments to the Florida Section 401.04. Reserved.
Building Code.
Sec. 401.11. Technical amendments to the Florida Editor's note-Ord. No. 2002-007,§1,adopted March 5,
Building Code. 2002, repealed§ 401.04,which pertained to fire prevention
Secs. 401.12,401.13. Reserved. codes and standards. See the Code Comparative Table.
Sec. 401.14. Agricultural exemption.
Secs. 401.15-401.19. Reserved. Section 401.05. Construction and applica-
Part III. Reserved tion of the technical
codes.
Secs. 401.20-401.25. Reserved. In order to better protect and preserve the
public health, welfare, and safety, whenever any
PART I. STANDARD CODES GENERALLY provisions contained in the technical codes adopted
by this chapter is in conflict or inconsistent with
an application provision contained in the fire
Section 401.01. Standard technical codes. prevention code then in force in the county
dealing with or pertaining to the same subject,
Indian River County hereby adopts and then and in that event the more stringent provi-
incorporates the following standard technical sion shall apply and govern to the exclusion of
codes as part of the Code of Indian River County, the less stringent provision.
except to the extent that specific additions, (Ord. No. 91-12, § 1, 3-26-91)
deletions, or amendments are set forth in this
title, provided, however, should the State of Section 401.06. Violation of technical
Florida enact standards which adopt later edi- codes.
tions,the editions set forth in the Florida Statutes The violation of any applicable provision of a
shall apply: technical code adopted by this chapter is a
The latest edition of the Florida Building violation of the Code of Ordinances of Indian
Code, less and except Chapter 1, Administra- River County and any violator is subject to the
tion; and the latest edition of Chapter 1, penalties as prescribed in this Code.
Model Administrative Code,Building Officials (Ord. No. 91-12, § 1, 3-26-91)
Association of Florida. Section 401.07. The Indian River County
(Ord. No. 91-12, § 1, 3-26-91; Ord. No. 92-6, § 1, Wind Borne Debris Region
3-10-92; Ord. No. 95-31, § 1, 11-21-95; Ord. No. and Basic Wind Speed
97-27,§ 1, 12-2-97;Ord. No. 99-29,§ 1, 10-19-99;
Ord. No. 2002-007, § 1, 3-5-02; Ord. No. 2005- Map.
048, § 1, 11-15-05; Ord. No. 2012-005, § 1, Indian River County hereby adopts and
3-13-12) establishes the geographic boundary of the wind
Supp. No. 149 401/1
§401.07 INDIAN RIVER COUNTY CODE
0
borne debris regions in Indian River County as (1), (2), (3) and (4) of the Florida Building Code,
set out in the attached Exhibit 1 "Indian River 2023 8th Edition, and has a basic wind speed of
County Wind Speeds Risk Categories 1 through one hundred forty(140)miles per hour or greater.
3 Map" and Exhibit 2 "Indian River County Wind borne debris requirements of the Florida
Wind Speeds Risk Category 4 Map." This wind Building Code applies in the entire county.
borne debris region coincides with Figures 1609.3
0
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Supp. No. 149 401/2
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(Ord. No. 2002-008, § 1, 3-5-02; Ord. No. 2012-005, § 1, 3-13-12; Ord. No. 2021-002, 1-5-21; Ord. No.
2023-019, § 2, 12-12-23)
0
Supp. No. 149 401/4
BUILDING CODES §401.11
Sections 401.08-401.09. Reserved. flood load and flood resistance construc-
tion requirements of the Florida Build-
PART II. AMENDMENTS TO FBC* ing Code.
Amendment to Sec. 117, Florida Building
Section 401.10. Administrative amend- Code, Building:
ments to the Florida Add a new Sec. 117 as follows:
Building Code. 117 VARIANCES IN FLOOD HAZARD
Indian River County hereby adopts the follow- AREAS
ing local administrative amendments to the 117.1 Flood hazard areas. Pursuant to
Florida Building Code. F.S. § 553.73(5), the variance procedures
adopted in the local floodplain manage-
Amendment to Sec. 104.10.1,Florida Building
Code, Building: ment ordinance shall apply to requests
submitted to the Building Official for
Add a new Sec. 104.10.1 as follows: variances to the provisions of Section
1612.4 of the Florida Building Code,
104.10.1 Modifications of the strict applica- Building or, as applicable, the provisions
tion of the requirements of the Florida of R322 of the Florida Building Code,
Building Code. The Building Official shall Residential. This section shall not apply
coordinate with the Floodplain to Section 3109 of the Florida Building
Administrator to review requests submit- Code, Building.
ted to the Building Official that seek (Ord. No. 2012-036, § 4, 11-6-12)
approval to modify the strict application
of the flood resistant construction require- Section 401.11. Technical amendments to
require-
ments of the Florida Building Code to the Florida Building Code.
determine whether such requests require
the granting of a variance pursuant to Indian River County hereby adopts the follow-
Florida Building Code Section 117. ing local technical amendments to the Florida
Building Code.
Amendment to Sec. 107.6.1. Florida Building
Code, Building: Amendment to Sec. 322.2.1, Florida Building
Code, Residential:
Add a new Sec. 107.6.1 as follows: Modify Sec. R322.2.1 as follows:
107.6.1 Building permits issued on the R322.2.1 Elevation requirements.
basis of an affidavit. Pursuant to the
requirements of federal regulation for 1. Buildings and structures in flood
participation in the National Flood Insur- hazard areas not designated as
ance Program(44 C.F.R. Sections 59 and Coastal A Zones shall have the lowest
60), the authority granted to the Build- floors elevated to or above the base
ing Official to issue permits, to rely on flood elevation plus one-half 0/2)
inspections, and to accept plans and foot or the design flood elevation,
construction documents on the basis of whichever is higher.
affidavits and plans submitted pursuant 2. Buildings and structures in flood
to Florida Building Code Section 105.14 hazard areas designated as Coastal
and Section 107.6,shall not extend to the A Zones shall have the lowest floors
*Editor's note—Ord. No. 2002-007,§ 1,adopted March elevated to or above the base flood
5,2002,amended the title of Part II to read as herein set out. elevation plus 1 foot(305 mm),or to
Prior to inclusion of said ordinance, Part II was entitled the design flood elevation,whichever
"Amendments to SBC."See the Code Comparative Table. is higher.
Supp. No. 149 40 U5
§401.11 INDIAN RIVER COUNTY CODE
3. In areas of shallow flooding (AO wave approach,where perpendicular
Zones), buildings and structures shall mean greater than 20 degrees
shall have the lowest floor (includ- (0.35 rad) from the direction of
ing basement) elevated at least as approach.
high above the highest adjacent 2. Basement floors that are below grade
grade as the depth number speci- on all sides are prohibited.
fled in feet on the FIRM plus one-
half('/2)foot, or at least 2'/2 feet if a 3. The use of fill for structural support
depth number is not specified. is prohibited.
4. Basement floors that are below grade 4. Minor grading, and the placement
on all sides shall be elevated to or of minor quantities of fill, shall be
above the base flood elevation plus permitted for landscaping and for
one-half('/2)foot or the design flood drainage purposes under and around
elevation, whichever is higher. buildings and for support of parking
Exception:Enclosed areas below the slabs, pool decks, patios and
design flood elevation, including
walkways.
basements whose floors are not below Exception: Walls and partitions
grade on all sides, shall meet the enclosing areas below the design
requirements of Section R322.2.2. flood elevation shall meet the
requirements of Sections R322.3.4
Amendment to Sec. 322.3.2, Florida Building and R322.3.5.
Code, Residential:
Amendment to Sec. 1612.2, Florida Building
Modify Sec. R322.3.2 as follows: Code, Building:
1111
R322.3.2 Elevation requirements. Modify a definition as follows:
1. All buildings and structures erected Substantial improvement. Any combina-
within coastal high-hazard areas tion of repair, reconstruction, rehabilita-
shall be elevated so that the lowest tion, addition, or other improvement of a
portion of all structural members building or structure taking place during
supporting the lowest floor,with the a ten (10) year period, the cumulative
exception of mat or raft founda- cost of which equals or exceeds 50 percent
tions, piling, pile caps, columns, of the market value of the building or
grade beams and bracing, is: structure before the improvement or
1.1 Located at or above the base repair is started and determined no sooner
flood elevation plus one-half ('/2) than six (6) months before the work is
foot or the design flood elevation, started. For each building or structure,
whichever is higher, if the lowest the 10-year period begins on the date of
horizontal structural member is the first improvement or repair of that
oriented parallel to the direction of building or structure subsequent to the
wave approach,where parallel shall effective date of this ordinance. If the
mean less than or equal to 20 degrees structure has incurred "substantial
(0.35 rad) from the direction of damage," any repairs are considered
approach, or substantial improvement regardless of
1.2 Located at the base flood eleva- the actual repair work performed. The
tion plus 1 foot (305 mm), or the term does not, however, include either:
design flood elevation, whichever is 1. Any project for improvement of a
higher, if the lowest horizontal building required to correct existing
structural member is oriented health,sanitary,or safety code viola-
perpendicular to the direction of tions identified by the building
4110
Supp. No. 149 401/6
BUILDING CODES §401.14
•
official and that are the minimum
necessary to assure safe living condi-
tions.
2. Any alteration of a historic structure
provided the alteration will not
preclude the structure's continued
designation as a historic structure.
(Ord. No. 2012-036, § 5, 11-6-12)
Sections 401.12, 401.13. Reserved.
Editor's note—Ord.No. 2002-007,§1,adopted March 5,
2002,repealed§§401.10-401.13,which pertained to build-
ing code board of adjustment and appeals; fire districts;
standpipes; and hurricane requirements. See the Code
Comparative Table.
Subsequently, Ord. No. 2012-036, §§4, 5, adopted Nov 6,
2012,added new provisions as§§401.10 and 401.11.
Section 401.14. Agricultural exemption.
Nothing contained in this article shall be
construed to apply to or affect buildings,structures
or appurtenances located outside the corporate
limits of municipalities and used solely for hous-
III ing of storing agricultural animals, supplies,
equipment or products by person,firm,or corpora-
tions engaged in agriculture. The exemption
shall be construed consistent with applicable
state exemptions and the Florida Building Code.
(Ord. No. 91-12, § 1,3-26-91;Ord. No. 2002-007,
§ 1, 3-5-02)
Sections 401.15-401.19. Reserved.
PART III. RESERVED*
Sections 401.20-401.25. Reserved.
*Editor's note—Ord. No. 2002-007,§ 1, adopted March
1110 5,2002,repealed Part III,§§401.20-401.25,which pertained
to amendments to National Electrical Code. See the Code
Comparative Table.
Supp. No. 149 401/7
CODE COMPARATIVE TABLE
4110
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 2 205.0911
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
41110 2021-012 914-21 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
2023-014 10-17-23 1 102.4
0 2023-018 12-12-23 2 210.01
210.03
Supp. No. 149 CCT/9
INDIAN RIVER COUNTY CODE
0
Section
Ord. No. Date Section this Code
2023-019 12-12-23 2 401.07
2024-005 2-20-24 2 305.11
0
0
Supp. No. 149 CCT/10
DEFINITIONS §901.03
such providers/services include: AM/FM generally open to the public and designed to
radio, television, microwave, telephone, accommodate and serve significant segments of
cellular, personal wireless services, and the community.
related forms of electronic communica-
tion. Community development shall mean the plan-
ning and developmental services department.
(c) Commercial camouflaged: a communica-
tions tower and support facilities designed Community development director shall mean
to blend into the existing surroundings the planning and development services director.
and to be disguised so as not to have the Compensatory storage floodwater storage
appearance of a communications tower volume created on a development site to offset
and tower support facilities. Camouflaged the volume of floodwater storage displaced by
towers may be disguised to appear as development on the site within a floodplain.
either part of or within the structure
housing the site's principal use or as an Comprehensive plan the Indian River County
accessory structure that is normally Comprehensive Plan, adopted pursuant to the
associated with the site's principal use. "Local Government Comprehensive Planning and
Examples of such camouflaged towers Land Development Regulation Act of 1985," Sec-
include towers disguised or within or as tion 163.3161 et. seq., Florida Statutes, as
a part of a steeple, clock tower, or light amended.
pole. Camouflaged towers may also be
disguised to blend in with or be designed Conceptual development order any develop-
to complement their surroundings. ment order which changes the potential density
Examples of such camouflaged towers and intensity of use of lands such as a
include towers constructed in the form of comprehensive plan land use amendment or a
a tree to appear to be part of a forested rezoning; these development orders do not
area or towers disguised within a monu- authorize any construction or physical changes
ment that blends in with an entranceway to the property.
feature or park. Concurrency determination network a listing
(d) Lattice: a self supporting tower structure of all existing and planned roadway segments
other than a monopole,characteristics by within Indian River County that comprise the
a lattice structural appearance. roadway network to be used when evaluating the
traffic impacts of a proposed development.
(e) Monopole:a tower structure that consists
of a single pole supported by a permanent Concurrency determination network map a
foundation. map illustrating all existing and planned roadway
segments within Indian River County that
Communications tower height: tower height comprise the roadway network to be used when
shall be measured vertically from the tower evaluating the traffic impacts of a proposed
site's average natural grade elevation to the development.
tower's highest point above the ground, includ-
ing the highest point of the highest antenna Concurrency management system the process
attached to the tower. Required safety used to determine that public facilities and
appurtenances such as air traffic lighting and services needed to support development are avail-
lightning rods covering a vertical distance of able concurrent with the impacts of such develop-
eight (8) feet or less shall not be included in the ment.
calculation of tower height. Concurrency review process the procedures,
Community center a publically or privately review timeframes, and appeals process pursu-
owned place, structure, area, or other facility ant to Chapter 910, Concurrency Management
1111 used for and providing social programs, System of the Indian River County Land Develop-
recreational programs, and/or a meeting place ment Regulations.
Supp. No. 149 901/13
§901.03 INDIAN RIVER COUNTY CODE
Condominium that form of ownership of predominately in their natural, scenic, open, or
property under which units of improvements are wooded condition; retaining such areas as suit-
subject to ownership by one or more owners, and able habitat for fish, plants, or wildlife; or
there is appurtenant to each unit as part thereof maintaining existing land uses.
an undivided share in the common elements.
Condominium property means and includes the Consistent with the Indian River County
land in a condominium whether or not contigu- Comprehensive Plan a determination that the
ous, and all improvements thereon and all ease- land uses, densities or intensities and other
ments and rights appurtenant thereto intended aspects of development permitted by a develop-
for use in connection with the condominium. ment order are compatible with and further the
goals, objectives, policies, land uses, and densi-
Cone of depression a depression in the poten- ties or intensities in the Indian River County
tiometric surface of a body of ground water that Comprehensive Plan.
has the shape of an inverted cone and develops
around a pumped well. Constrained facility a roadway segment on the
concurrency determination network that is cur-
Congregate housing a residential facility for rently backlogged or projected to be backlogged
four(4)or more elderly persons (age sixty(60)or due to the inability to expand the facility because
older) within which are provided living and of environmental concerns, inability to economi-
sleeping facilities, meal preparation, laundry cally obtain required right-of-way, or community
services, and room cleaning. Such facilities may policies about the extent of road widening
also provide other services, such as transporta- considered to be acceptable without undue
tion for routine social and medical appoint- degradation of neighborhood character.
meats, and counseling. Construction the building of or substantial
Conservation areas real property supporting a improvement to any structure or the clearing,
natural area or areas protected via the filing of a filling, or excavation of any land. It shall also
conservation easement, whereby such areas are mean any alterations in the size or use of any
preserved in viable condition with intact canopy, existing structure or the appearance of any land.
understory, and groundcover, as applicable. When appropriate to the context, "construction"
Conservation areas are generally established in refers to the act of construction or the result of
accordance with the requirements of Chapter construction.
928, Wetlands and Deepwater Habitat Protec- Construction (start of) any on-site activity
tion, and Chapter 929, Upland Habitat Protec- including land clearing, earth moving, or the
tion. Such areas include freshwater and estuarine
erection of structures. "Start of construction"
wetlands,and upland plant communities such as includes substantial improvement, and means
coastal strand, hardwood hammocks,xericscrub, the date the building permit was issued,provided
coastal/tropical hammocks, pine flatwoods, and the actual start of constructing,repair,reconstruc-
dry prairies. tion,placement,or other improvement was within
Conservation areas are allowed as credit toward one hundred eighty (180) days of the permit
other county land development regulations such date. The actual start means either the first
as landscape, buffer, and open space require- placement of permanent construction of a
ments, and minimum yard setback require- structure on a site, such as the pouring of a slab
meats. Certain activities, such as passive or footings,the installation of piles,the construc-
recreation,may be allowed in conservation areas tion of columns, or any work beyond the stage of
provided the activities are not detrimental to the excavation; or the placement of a manufactured
health of the ecological system. home on a foundation. Permanent construction
does not include land preparation, such as clear-
Conservation easement an easement granting ing, grading and filling; nor does it include the
a right or interest in real property that is installation of streets and/or walkways;nor does
appropriate to retaining land or water areas it include excavation for a basement, footings,
Supp. No. 149 901/14
DEFINITIONS §901.03
piers,or foundations or the erection of temporary
forms;nor does it include the installation on the
property of accessory buildings, such as garages
or sheds not occupied as dwelling units or not
part of the main structure.
Construction material sales a retail establish-
ment which sells materials used for the construc-
tion and maintenance of structures. Such
materials shall include but not be limited to
lumber and related supplies, roofing supplies,
plumbing fixtures supplies,and electrical materi-
als and fixtures.
Construction plans or drawings those detailed
engineered plans, specifications and calculations
prepared in accordance with county and other
applicable regulations, codes and standards,
submitted to the county for approval of a site and
development plan or final subdivision plan,which
set forth the specific improvements to be made in
conjunction with development as they affect the
Supp. No. 149 901/14.1
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§901.03 INDIAN RIVER COUNTY CODE
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; Ord. No. 2023-014, 10-17-23)
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
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,
4110
Supp. No. 149 901/58
SITE PLAN REVIEW AND APPROVAL PROCEDURES §914.06
0
CHAPTER 914. SITE PLAN REVIEW AND (b) All developments proposing a "change of
APPROVAL PROCEDURES use."
Sec. 914.01. Title. (c) All uses requiring an administrative
Sec. 914.02. Purpose and intent. permit.
Sec. 914.03. Definitions.
Sec. 914.04. Applicability. (d) All uses requiring special exception
Sec. 914.05. Technical review committee; duties and approval.
responsibilities.
Sec. 914.06. General thresholds and procedures for site (e) Planned developments (P.D.), as sped-
plan review and approval. fled in Chapter 915.
Sec. 914.07. Administrative approvals and modifications (Ord. No. 90-16, § 1, 9-11-90)
to approved site plans.
Sec. 914.08. Time limits on-site plan approval.
Sec. 914.09. Transfer of site plan approval. Section 914.05. Technical review commit-
Sec. 914.10. Timing of release of approved site plans. tee; duties and
Sec. 914.11. Timing of issuance of building permits. responsibilities.
Sec. 914.12. Inspection and certification.
Sec. 914.13. Appeals of decisions regarding site plans. (1) Refer to Chapter 902 for the establish-
Sec. 914.14. Site plan submittal requirements. ment, duties, and responsibilities of the techni-
Sec. 914.15. Review standards and requirements. cal review committee (hereafter referred to as
Section 914.01. Title. TRC).
(Ord. No. 90-16, § 1, 9-11-90)
This chapter, the terms and provisions
contained herein, shall be known as the "Site Section 914.06. General thresholds and
Plan Ordinance"of Indian River County,Florida. procedures for site plan
410 (Ord. No. 90-16, § 1, 9-11-90) review and approval.
Section 914.02. Purpose and intent. (1) Site plan thresholds.
The purpose of this section is to establish (a) Major site plans. The following projects
uniform requirements and procedures for review- shall constitute major site plan projects
ing applications for site plan approval. It is and shall require, except as noted in
further the intent of this section to establish paragraph 4 below, major site plan
procedures and standards to implement the goals approval.
and policies of the Indian River County
Comprehensive Plan, and to ensure compliance 1. Residential projects having three
with the intent, standards, and procedures of all (3) or more dwelling units.
applicable land development regulations. 2. Nonresidential projects comprised
(Ord. No. 90-16, § 1, 9-11-90) of five thousand (5,000) square feet
or more or new impervious surface
Section 914.03. Definitions. area, or projects comprised of new
All terms used in this chapter are defined in impervious surface area represent-
Chapter 901 of this code. ing more than ten (10) percent of
(Ord. No. 90-16, § 1, 9-11-90) the site/area of development,
whichever is less.
Section 914.04. Applicability. 3. Where three (3) or more minor site
(1) All site plan applications shall be reviewed plan requests or six (6) or more
pursuant to the procedures set forth in this administrative approval requests for
chapter. Site plans shall be required for each of a single project area/site have been
the following: submitted and approved over any
(a) All permitted uses except single-family five-year period of time; where
0 residences and permitted agricultural potential cumulative impacts exceed
uses. the criteria of a major site plan
Supp. No. 149 914/1
§ 914.06 INDIAN RIVER COUNTY CODE
application or together may create a this chapter, consisting of less than
substantial impact, the director of one thousand five hundred (1,500)
the community development depart- square feet of new impervious surface
ment may require any subsequent area which does not require major
minor site plan or administrative or minor site plan approval.
approval application to be reviewed 2. Improvements or activities which
pursuant to the criteria of a major are required to obtain administra-
site plan. tive approval pursuant to require-
4. The following major site plan projects ments specified in other chapters of
shall require the same approval this code.
process required of minor site plan
projects: (2) Formal pre-application conference required.
a. Residential projects that For site plans over twenty (20) residential units
constitute a permitted use and or over forty thousand (40,000) square feet of
that propose less than twenty- new impervious surface a formal pre-application
five (25) residential units. conference is required.
b. Nonresidential projects involv- (a) [Generally.] Applicants are required to
ing less than one hundred fifty participate in a pre-application confer-
thousand(150,000)square feet ence with appropriate county staff prior
of new impervious surface area, to submission of a site plan application.
regardless of new building area All pre-application conference materials
amount. are to be submitted by the applicant to
c. Solar facilities located in the the planning division at least seven (7)
A-1, A-2, and/or A-3 zoning working days prior to any scheduled
districts regardless of new pre-application conference.
impervious area. (b) [Purpose.] The purpose of the formal
(b) Minor site plan. The following projects pre-application conference is to provide
shall constitute minor site plan projects the applicant with the opportunity to
and shall require minor site plan approval. explain the proposed development
1. Any residential project, comprised concepts to the staff, and for the staff to
of less than three (3) units examine the policies, ordinances,
determined not be an exempted standards, opportunities and constraints
single-family development (see sec- which may be applicable to the site and
tion 914.04). type of proposed development before the
2. Nonresidential projects comprised applicant has invested substantial design
of less than five thousand (5,000) time or become committed to particular
square feet of new impervious surface design solutions. The pre-application
area. conference is for informational purposes
3. Nonresidential projects adding or only and does not confer any approval or
replacing two thousand (2,000) waive any requirements that may be
square feet or more of building gross applied to any subsequent formal applica-
floor area that do not constitute a tions.
major site plan. (c) Scheduling.Arrangements for this formal
(c) Administrative approvals. The following conference are to be made through the
projects shall constitute administrative community development department office
approval site plan projects and shall by submitting the required application
require administrative approval. and drawings at least seven (7) working
1. A modification or alteration to any days in advance of the conference date. A
project covered in section 914.04 of filing fee, as established in a resolution
Supp. No. 149 914/2
SITE PLAN REVIEW AND APPROVAL PROCEDURES § 914.06
II
adopted by the board of county commis- j. Location of existing and
sioners,is required at the time of submit- proposed fire hydrant(s)within
tal. five hundred (500) feet.
1. The planning division shall review k. Provisions for fire protection
all submitted formal pre-applica- water supply.
tion conference materials to ensure 3. Written data including:
completeness before distribution to a. parcel size and proposed
reviewing departments and agen- uses(s);
cies. Incomplete submittals shall
not be routed. The planning divi- b. proposed number of dwelling
sion shall contact the applicant units and density(if applicable);
regarding any incomplete items or c. for non-residential uses, the
materials, so that the applicant can proposed area in square feet
then complete the submittal. for each use proposed;
(d) Submittal requirements. The following d. provisions for water and
shall be provided by the applicant,in the wastewater;
appropriate written or graphic form: e. zoning, land use designation,
1. A complete application; and existing use(s) of the
subject site and adjacent
2. Ten (10)plan sets (twenty-four (24) properties;
inches by thirty-six (36) inches) f. demonstration that any and
III depicting: all applicable specific land use
a. Proposed buildings and criteria can be satisfied by the
structures; proposed project.
b. Proposed parking areas, g. name, address and telephone
vehicular and pedestrian number of the applicant,
circulation systems; surveyor and engineer and a
list of all the owners of the
c. Location map; property (must be on the
d. All driveways and roadways application and the drawings);
near the site;
(3) Formal pre-application conference optional.
e. Open space and all required For all site plan applications not requiring a
buffer areas,and native vegeta- formal pre-application conference prior to applica-
tion preservation areas; tion submission pursuant to section 914.06, a
f. Right-of-way and traffic formal pre-application conference is recom-
improvements, existing condi- mended by staff but is solely an option available
tions and proposed improve- to an applicant. Applicants should confer with
ments; planning staff to discuss any applicable site plan
requirements.
g. Drainage features,
environmentally sensitive areas (4) Submission of formal site plan application
and environmentally significant and fees.
areas;
(a) Application submittals. All applications
h. conceptual stormwater manage- for major site plans,minor site plans and
went systems; administrative approvals shall include:
III i. All fire lanes and emergency 1. All required fees as established by
access ways; the board of county commissioners;
Supp. No. 149 914/3
§914.06 INDIAN RIVER COUNTY CODE
0
2. All other necessary county permit (b) Completeness review:
applications and information (such 1. The planning division shall review
as right-of-way, land clearing, tree all applications to ensure complete-
removal, stormwater, traffic impact ness before distribution to review-
statement or study); ing departments and agencies. Only
3. A deed for the subject property; complete applications will be
distributed to the reviewing depart-
4. Authorization from the owner for ments and agencies. Failure to
the applicant/agent if different from submit required application mate-
the owner; and rial will result in the application
5. A concurrency certificate or evidence material not being distributed; the
of application for a certificate, a application will be deemed
determination by staff that the incomplete. Planning staff shall
project does not require a concur- notify the applicant within three(3)
rency certificate,or an acknowledge- working days of submittal if the
ment that the applicant will apply application is incomplete and will
for a concurrency certificate. The route the proposed site plan within
acknowledgement shall be in writ- three (3) working days of a
ing on a form provided by Indian determination of application
River County. completeness.
2. Applicants shall have thirty (30)
(b) Form. All application packages shall be days from the notice of an incomplete
submitted in a form and in a complete application to complete the applica-
manner as specified by the planning tion; failure of the applicant to
division on the site plan application form. complete the application within the0
(c) Application expiration. All applications thirty(30) day period shall void the
shall expire and become null and void if application request.
approval is not obtained within twelve 3. Once the application is deemed to
(12) months from the date a complete be complete, it will be distributed
application is received by the planning by the planning division for
division. departmental review, and
(d) Application extensions. Upon finding of consideration at the appropriate TRC
good cause, the community development meeting.
director may grant one extension for a (c) Application distribution for review. For
period of one year. No further site plan complete applications, the planning divi-
application extensions may be granted. sion shall distribute all appropriate
If denied, all appeals of such decisions application material(s) to the appropri-
shall be heard by the planning and zoning ate TRC members,all appropriate county
commission. All appeals must be filed departments, and other state, regional
within ten (10) days of notification of and local review agencies.
denial. Appeal procedures shall be as (d) TRC review and comments. Each TRC
specified in Chapter 902. member shall review the application and
submit written comments to the plan-
(5) Departmental review of site plan applica-
ning division within eighteen (18) days
tions. after the routing of the site plan applica-
(a) Coordinating division.The planning divi- tion materials and prior to the TRC
sion shall be responsible for the coordina- meeting date at which the application is
tion of all site plan reviews. Applicants scheduled to be considered.
shall submit all applications and materi- Prior to each TRC meeting, the planning
0
als to the planning division. division shall conduct an inter-
Supp. No. 149 914/4
SITE PLAN REVIEW AND APPROVAL PROCEDURES §914.06
0
departmental staff coordination meeting scheduled for consideration before the
to coordinate draft comments and transmit planning and zoning commission if not
post-coordination meeting draft com- staff level approval.
ments to the applicant by email or similar 1. An applicant may request, at any
medium prior to the TRC meeting. The time in the review process, that the
technical review committee shall consider application be forwarded to the plan-
each application,shall complete a techni- ning and zoning commission for
cal evaluation of the site plan applica- consideration. Said request shall be
tion, shall identify any deficiencies or submitted to the planning division
discrepancies,and for each comment shall in writing and shall acknowledge
either indicate that the comment involves that, in staffs opinion, the applica-
a code, safety, or engineering require- tion is not ready for consideration
ment or that the comment is advisory. due to a lack of adequate responses
Comments shall consist of the draft corn- to staff and/or reviewing agency com-
ments and items discussed at the TRC ments.
meeting. Complete and final comments
on all applications considered at the TRC () Approval of minor site plans. The TRC is
meeting shall be assembled and forwarded authorized to approve,approve with condi-
to the applicant within four (4) working tions or deny minor site plan applica-
tions not requiring planning and zoning
days. At the discretion of the technical commission approval. Within seven (7)
review committee, applications with working days after the applicant submits
substantial deficiencies may, upon post- to staff a complete response to TRC
0 TRC re-submittal, be scheduled for re- comments(also known as a resubmittal),
review at another technical review the county shall either issue site plan
committee meeting. approval or a comment letter. Once all
commenting TRC members have reviewed
(e) Resubmission, staff-level approval, and and approved the applicant's responses
scheduling major site plans for planning to comments,the minor site plan shall be
and zoning commission consideration. The signed and approved. All approved minor
applicant's response to the TRC corn- site plans shall be signed
com-
ments shall consist of five (5) revised the
munity development director or his
plan sets, a traffic study if required by designee.
Chapter 952 regulations, a concurrency
certificate or evidence of application for a (g) For all site plan applications that are not
concurrency certificate if required by associated with a request involving a
Chapter 910 regulations, and an item- public hearing but are required to be
ized letter that recites each staff corn- reviewed by the Planning and Zoning
ment, details how each comment has Commission, the applicant shall submit
been adequately addressed, and states the following along with his response to
where any corresponding plan revision TRC comments and revised site plans:
can be located. Once all comments have A separate document that verifies the
been adequately addressed, all technical duration of the required sign
posting and
and informational requirements met,and summarizes all contacts with the public.
the commenting members of the TRC The summary shall, at a minimum,
have recommended approval or approval describe the nature of contacts (e.g. from
with conditions on the application, the nearby resident, by phone), the types of
application shall be approved by the comments received, and changes to the
0 community development director or his project proposal (if any) based on com-
designee if staff-level approval, or ments received.
Supp. No. 149 914/5
§914.06 INDIAN RIVER COUNTY CODE
4110
(h) Appeals of decisions made by the com- which constitutes an increase of less
munity development director or by the than one thousand five hundred (1,500)
TRC may be made by applicants pursu- square feet of new impervious surface.
ant to the provisions of Section 914.13. (b) Administrative approvals may be required
(6) Planning and zoning commission decision. for other types of structures or site
The planning and zoning commission shall modifications,when specifically required
consider each site plan application scheduled for in other sections of the land development
consideration by the TRC and shall base its regulations.
decision on the use, size and dimension regula- (c) Conceptual administrative approvals may
tions for the respective zoning district, the site be obtained in order to satisfy the
review standards established herein and all conceptual site plan approval require-
other applicable land development regulations, ments for affordable housing "grant"
and comprehensive plan policies. The planning applicants seeking funding assistance.
and zoning commission may impose conditions Conceptual administrative approvals shall
on-site plan approval which ensure compliance be initially reviewed at a formal pre-
with all applicable land development regulations application conference, if required, per
and comprehensive plan policies. Section 914.06(2), and then shall follow
the administrative approval review
(a) All site plan application decisions of the procedures of Section 914.07(2).
planning and zoning commission for uses
not requiring special exception approval (2) Review procedures. All administrative
are final unless appealed in accordance approval applications and materials shall be
with the provisions of section 914.13 and submitted to the planning division. The plan-
902.07. ning division shall ensure that the applications
(Ord. No. 90-16, § 1, 9-11-90;Ord. No. 91-23 § 8, are complete and that complete application materi-
5-15-91; Ord. No. 91-48, § 42, 12-4-91; Ord. No. als are routed to the appropriate reviewing
93-29, § 7, 9-7-93; Ord. No. 94-25, § 10, 8-31-94; departments and agencies.
Ord. No. 95-10, § 5, 5-31-95; Ord. No. 2000-015, (a) All administrative approval applications
§§ 5, 7, 5-9-00; Ord. No. 2001-016, § 11, 6-19-01; and materials shall be submitted in a
Ord. No. 2001-032, §§ 1, 2, 10-23-01; Ord. No. form and quantity as specified by the
2002-004, § 2, 2-12-02; Ord. No. 2006-012, § 5, planning division on the application form.
4-11-06;Ord. No. 2018-004,§§ 1,2,3-13-18;Ord.
No. 2023-016, § 1, 10-31-23) (b) Administrative approval applications and
materials shall demonstrate that all the
existing land development regulations
Section 914.07. Administrative approvals are satisfied as applied to the proposed
and modifications to area of development.
approved site plans.
(c) The current development section chief
(1) [Generally.]Administrative approvals apply will assign the application to a staff
to all uses which require site plan approval planner for review within one day of
under section 914.04 of this chapter. The intent submission.
of the Administrative Approval process is to (d) The reviewing planner shall review the
provide a mechanism for minor alterations to the application for completeness and contact
condition of a site or structure or the establish- the applicant if more information is
ment of minor facilities and structures. needed.
(a) Threshold. Administrative approval is (e) The reviewing planner will obtain com-
required for additions,removals or altera- ments from all applicable TRC members.
tions, or the establishment of a new
facility or structure to a project site,
Supp. No. 149 914/6
ECONOMIC DEVELOPMENT AD VALOREM TAX EXEMPTION § 1100.15
Section 1100.15. Economic development (3) On or before January 15th of each year,
ad valorem tax exemp- beginning in 2023, PCP Tactical, LLC shall
tion granted to PCP submit to the county community development
Tactical, LLC ("busi- department an annual report providing evidence
ness"). of continued compliance with the definition of an
(1) An economic development ad valorem tax expanding business and the Indian River County
Ad Valorem Tax Abatement Application Scoring
exemption is hereby granted to business whose Guidelines used to set the exemption percent-
address is 3895 39th Square, Vero Beach, FL
32960. The exemption shall apply to its new ages set forth above for each of the ten years
improvements to real property and its new during which PCP Tactical, LLC is eligible to
tangible personal property related to planned receive ad valorem tax exemption. If the annual
expansion of its existing business to be located at report is not received, or if the annual report
4155 49th Avenue, Vero Beach, Florida, 32967, indicates PCP Tactical, LLC no longer meets the
described as lots 2, 3, and 4, Indian River criteria of F.S. § 196.012, or no longer meets the
Industrial Center, according to the plat thereof Indian River County Ad Valorem Tax Abatement
recorded in Plat Book 23, Page 9, of the Public Application Scoring Guidelines used to set the
Records of Indian River County, Florida. This exemption percentages set forth above,the county
exemption shall apply only to the improvements community development director shall make a
to real property and the tangible personal property report to the board of county commissioners for
described in business'application for such exemp- consideration of revocation or reduction of the
tion. tax exemption awarded under this section.
(2) The exemption shall be for a term of ten
(10) years commencing with the first year the (4) The total amount of revenue available to
new improvements or new tangible personal the county from ad valorem tax sources for the
property are added to the assessment roll. The current fiscal year is one hundred nineteen
amount of the exemption shall be a specified million,seven hundred ninety-six thousand,three
percentage of county ad valorem taxes for the hundred fifty-two dollars ($119,796,352.00); the
general fund, municipal services taxing units, total amount of revenue lost to the county for the
and emergency services district, which would current fiscal year by virtue of economic develop-
otherwise be due with respect to the new improve- went ad valorem tax exemptions currently in
ments or new tangible personal property in the effect is zero dollars ($0.00); and the estimated
absence of the exemption. The approved exemp- revenue loss to the county for the current fiscal
tion percentages are, as follows: year attributable to the exemption granted in
this section is zero dollars($0.00). The estimated
Year 1 (January 1, 2023 tax roll) 100% revenue loss to the county for fiscal year 2023 is
Year 2 (January 1, 2024 tax roll) 100% twenty-six thousand, eight hundred sixty-five
dollars and seven cents ($26,865.07).
Year 3 (January 1, 2025 tax roll) 100%
Year 4 (January 1, 2026 tax roll) 90% (5) The exemption shall be subject to all
Year 5 (January 1, 2027 tax roll) 80% provisions set forth in sections 1100.01 through
1100.13. Without limitation, the continuation of
Year 6 (January 1, 2028 tax roll) 70% the exemption shall be contingent upon busi-
ness'compliance with section 1100.10 relating to
Year 7 (January 1, 2029 tax roll) 60% "continuing performance."
Year 8 (January 1, 2030 tax roll) 50%
Year 9 (January 1, 2031 tax roll) 40% (6) The board specifically finds that business
meets the requirements of F.S. § 196.012(15).
Year 10(January 1,2032 tax roll) 30% (Ord. No. 2020-014, § 3, 10-28-20)
Supp. No. 149 1100/7
§ 1100.16 INDIAN RIVER COUNTY CODE
III
Section 1100.16. Economic development (3) On or before January 15th of each year,
ad valorem tax exemp- beginning in 2025,Mod Units LLC. shall submit
tion granted to Diamond to the county planning and development services
Drinks of Florida, Inc. department an annual report providing evidence
("business"). of continued compliance with the definition of an
expanding business and the Indian River County
(1) An economic development ad valorem tax ad valorem tax abatement application scoring
exemption is hereby granted to a business whose guidelines used to set the exemption percentages
address is 7756 130th Street, Sebastian, FL set forth above for each of the eight years during
32958. The exemption shall apply to its new which Mod Units LLC. is eligible to receive ad
tangible personal property related to its new valorem tax exemption. If the annual report is
business to be located at 7756 130th Street, not received, or if the annual report indicates
Sebastian,FL 32958,described as Lots 15 through Mod Units LLC. no longer meets the criteria of
16 of Section 30, less the southwest 100 feet for F.S. § 196.012(15). or no longer meets the Indian
road right-of-way, all recorded on plat showing River County ad valorem tax abatement applica-
subdivision of the Fleming Grant revised from tion scoring guidelines used to set the exemption
the Carter Survey. Townships 30 and 31 South, percentages set forth above,the county planning
Ranges 38 and 39 East,of Brevard and St. Lucie and developing services director shall make a
Counties, Florida, by A. A. Berry, July 6, 1913, report to the board of county commissioners for
said plat filed in Plat Book 2, Page 14, of the consideration of revocation or reduction of the
public records of St. Lucie County, Florida. Said tax exemption awarded under this section.
land is now lying and being in Indian River
County, Florida. This exemption shall apply to (4) The total amount of revenue lost to the
new tangible personal property described in the county for the current fiscal year by virtue of
business' application for such exemption and economic development ad valorem tax exemp-
real property. tions currently in effect is zero dollars ($0.00), 0
and the estimated revenue loss to the county for
(2) The exemption shall be for a term of eight the current fiscal year attributable to the exemp-
years commencing with the first year the new tion granted in this section is zero dollars($0.00).
improvements or new tangible personal property The estimated revenue loss to the county for
are added to the assessment roll. The amount of fiscal year 2025 is twenty-three thousand six
the exemption shall be a specified percentage of hundred two and forty hundredths ($23,602.40).
county ad valorem taxes for the general fund, (5) The exemption shall be subject to all
and emergency services district, which would provisions set forth in Sections 1100.01 through
otherwise be due with respect to the new improve- 1100.13. Without limitation, the continuation of
ments or new tangible personal property in the the exemption shall be contingent upon the
absence of the exemption. The approved exemp- business'compliance with Section 1100.10 relat-
tion percentages are as follows: ing to "continuing performance."
Year 1 (January 1, 2025 tax roll) 100% (6) The board finds explicitly that business
Year 2 (January 1, 2026 tax roll) 100% meets the requirements of F.S. § 196.012(15).
(Ord. No. 2021-007,§ 3,3-30-21;Ord. No. 2024-
Year 3 (January 1, 2027 tax roll) 90% 006, § 3, 3-19-24)
Year 4 (January 1, 2028 tax roll) 80%
Year 5 (January 1, 2029 tax roll) 60%
Year 6 (January 1, 2030 tax roll) 40%
Year 7 (January 1, 2031 tax roll) 20%
Year 8 (January 1, 2032 tax roll) 10%
III
Supp. No. 149 1100/8
TABLE OF AMENDMENTS
0
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)
2023-014 10-17-23 1 901.03
2023-016 10-31-23 1 914.06
2024-006 3-19-24 3 1100.16
0
0
Supp. No. 149 TOA/21