HomeMy WebLinkAboutIRC - Supplement #150 SUPPLEMENT NO. 150 ��
VOLUMES I AND II ''~n TV g
April 2025
CODE OF ORDINANCES 4-T,i A + PX4Ey
County of
INDIAN RIVER,FLORIDA
Looseleaf Supplement
This Supplement contains all ordinances deemed advisable to be
through:
Ordinance No.2025-003,enacted January 28,2025.
See the Code Comparative Table—Volume 1,and the Table of Amendments—Volume 11 for
further information.
Remove Old Pages Insert New Pages
VOLUME I
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
103/1-103/13 103/1-103/14
210/1-210/5 210/1-210/5
CCT/9,CCT/10 CCT/9,CCT/10
VOLUME II
912/1-912/30 912/1-912/36
914/1-914/22 914/1-914/31
TOA/21 TOA/21
Insert and maintain this instruction sheet in front of Volume I.File removed pages for
reference.
F
POWERED BY CIVICPLUS
info@municode.com 800.262.2633 www.municode.com
P.O. Box 2235 Tallahassee,FL 32316
SUPPLEMENT NO. 150
VOLUMES I AND II
April 2025
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.2025-003,enacted January 28,2025.
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
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
103/1-103/13 103/1-103/14
210/1-210/5 210/1-210/5
CCT/9,CCT/10 CCT/9,CCT/10
VOLUME II
912/1-912/30 912/1-912/36
914/1-914/22 914/1-914/31
TOA/21 TOA/21
Insert and maintain this instruction sheet in front of Volume I.File removed pages for
reference.
40
municode
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P.O.Box 2235 Tallahassee,FL 32316
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. . I/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.. . 103/8
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. II. 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 . ... . .. . . ... . . . . . 20V18
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 ... . . ... . . . . . 204113
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. 150 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. . . ... . . .. . . . . .... . ... . . . 30V1
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. II. 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
Substances... . . . ...... . ...... . .. ......... . 315/1
Supp. No. 150 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. IV. 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 ... ... . . . .. . . . . . ... . .. . . . . . . .. . . . . . . . . . . . . . .. DU1
Supp. No. 150 xi
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.
Volume I 103/7, 103/8 150
Title page 142 103/9, 103/10 150
iii 149 103/11, 103/12 150
v 87 103/13, 103/14 150
vii,viii 87 104/1, 104/2 147
ix,x 150 104/3, 104/4 147
xi 150 10511, 105/2 133
SH:1,SH:2 101 105/3, 105/4 133
SH:3, SHA 128 10515 133
SH:5,SH:6 148 106/1, 106/2 135
SH:7 150 IUl 141
1/1 135 200/1,200/2 111
100/1, 100/2 146 200/3,200/4 111
100/3 146 201/1,201/2 141
101/1, 101/2 146 201/2.1 141
101/3, 101/4 146 201/3,201/4 125
102/1, 102/2 150 201/5,201/6 125
102/3, 102/4 150 201/7,201/8 125
103/1, 103/2 150 201/9,201/10 131
103/3, 103/4 150 201/11,201/12 131
103/5, 103/6 150 201/13,201/14 139
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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 91 210/1,210/2 150
201/29,201/30 91 210/3,210/4 150
201/31,201/32 91 210/5 150
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 91 215/1,215/2 141
201/47,201/48 141 215/3,215/4 141
201/49,201/50 141 111/1 143
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
205/4.1 146 302/15,302/16 60
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Page No. Supp.No. Page No. Supp.No.
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
307/1,307/2 63 318/1,318/2 128
307/3,307/4 63 318/3,318/4 128
307/5,307/6 63 318/5,318/6 128
308/1,308/2 134 319/1,319/2 143
308/3,308/4 137 319/3 143
308/5,308/6 134 IV/1 59
309/1,309/2 26 400/1,400/2 23
309/3,309/4 26 400/3,400/4 59
309/5,309/6 26 400/5,400/6 49
309/7 26 400/7 49
310/1,310/2 OC 401/1,401/2 149
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
312/15,312/16 2 403/6.1 102
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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/l,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/10 150 901/6.1 145
IX/l,IX/2 133 901/7,901/8 92
DU2.1 133 901/9,901/10 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,DU10 142 901/15,901/16 94
IX/11,IX/12 142 901/17,901/18 94
IX/13,DU14 142 901/19,901/20 94
DU15,IX/16 143 901/21,901/22 94
IX/17,IX/18 143 901/23,901/24 94
IX/19,IX/20 147 901/25,901/26 70
IX/20.1 147 901/27,901/28 70
IX/21,IX/22 146 901/29,901/30 112
IX/23,IX/24 135 901/31,901/32 94
IX/25,DU26 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
DO1,IX/32 146 901/39,901/40 94
IX/32.1 146 901/40.1,901/40.2 94
IX/33,DU34 141 901/40.3,901/40.4 94
IX/35,IX/36 142 901/40.5,901/40.6 94
Volume II 901/40.7,901/40.8 94
Title Page 142 901/41,901/42 121
xi,xii 127 901/43,901/44 121
VIII/1 OC 901/45,901/46 142
800/1,800/2 121 901/46.1 142
800/2.1 121 901/47,901/48 104
800/3,800/4 112 901/49,901/50 119
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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
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
911/3,911/4 92 911/50.19,911/50.20 116
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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 57
911/76.11,911/76.12 79 911/147,911/148 57
911/77,911/78 31 911/149,911/150 84
911/79,911/80 31 911/151,911/152 104
911/81,911/82 31 911/153,911/154 104
911/83,911/84 31 911/155,911/156 104
911/85,911/86 36 911/157,911/158 104
911/87,911/88 36 911/159,911/160 104
911/89,911/90 80 912/1,912/2 150
911/91,911/92 80 912/3,912/4 150
911/93,911/94 31 912/5,912/6 150
911/95,911/96 31 912/7,912/8 150
911/97,911/98 31 912/9,912/10 150
911/99,911/100 38 912/11,912/12 150
911/101,911/102 80 912/13,912/14 150
911/103,911/104 38 912/15,912/16 150
911/105,911/106 38 912/17,912/18 150
911/107,911/108 38 912/19,912/20 150
911/109,911/110 64 912/21,912/22 150
911/111,911/112 79 912/23,912/24 150
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CHECKLIST OF UP-TO-DATE PAGES
Page No. Supp.No. Page No. Supp.No.
912/25,912/26 150 914/3,914/4 150
912/27,912/28 150 914/5,914/6 150
912/29,912/30 150 914/7,914/8 150
912/31,912/32 150 914/9,914/10 150
912/33,912/34 150 914/11,914/12 150
912/35,912/36 150 914/13,914/14 150
913/1,913/2 35 914/15,914/16 150
913/3,913/4 122 914/17,914/18 150
913/5,913/6 128 914/19,914/20 150
913/7,913/8 128 914/21,914/22 150
913/8.1 128 914/23,914/24 150
913/9,913/10 126 914/25,914/26 150
913/11,913/12 126 914/27,914/28 150
913/12.1,913/12.2 126 914/29,914/30 150
913/13,913/14 128 914/31 150
913/15,913/16 129 915/1,915/2 92
913/17,913/18 128 915/3,915/4 128
913/19,913/20 128 915/4.1 128
913/21,913/22 128 915/5,915/6 92
913/23,913/24 128 915/7,915/8 92
913/25,913/26 128 915/9,915/10 92
913/26.1,913/26.2 128 915/11,915/12 92
913/26.3,913/26.4 129 915/13,915/14 92
913/26.5,913/26.6 129 915/15,915/16 123
913/27,913/28 58 915/16.1 124
913/29,913/30 58 915/17,915/18 98
913/31,913/32 62 915/19,915/20 92
913/33,913/34 92 915/21,915/22 92
913/35,913/36 92 915/23,915/24 108
913/37,913/38 101 915/25 108
913/38.1,913/38.2 101 916/1,916/2 OC
913/38.3,913/38.4 101 917/1,917/2 95
913/38.5,913/38.6 128 917/2.1 95
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913/38.9,913/38.10 128 917/5,917/6 92
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913/41 OC 918/3,918/4 92
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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
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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 94
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926/27,926/28 79 931/1,931/2 3
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926/33,926/34 79 932/1,932/2 30
926/35,926/36 79 932/2.1 30
926/37,926/38 79 932/3,932/4 13
927/1,927/2 55 932/5,932/6 13
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927/7,927/8 92 932/11,932/12 145
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928/5 56 934/3,934/4 130
929/1,929/2 60 934/4.1 130
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954/19 92 971/38.5,971/38.6 92
955/1,955/2 60 971/38.7,971/38.8 92
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971/39,971/40 62 1002/1 135
971/40.1,971/40.2 144 1003/1 107
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971/43,971/44 127 1007/1 107
971/44.1,971/44.2 28 1008/1 135
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971/46.1 58 1010/3, 1010/4 107
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971/49,971/50 45 1011/1 57
971/51,971/52 45 1012/1 57
971/53,971/54 45 10-APP/l, 10-APP/2 146
971/55,971/56 45 10-APP/3, 10-APP/4 146
971/57,971/58 45 10-APP/5 146
971/59,971/60 45 10-APP/7, 10-APP/8 135
971/61,971/62 45 XI/I 139
971/63,971/64 58 1100/1, 1100/2 115
971/65,971/66 127 1100/3, 1100/4 115
972/1,972/2 Errata 1100/5, 1100/6 136
972/3,972/4 129 1100/7, 1100/8 149
972/4.1 128 APP/l,APP/2 81
972/5,972/6 Errata APP/3,APPA 81
972/7,972/8 Errata APP/5,APP/6 95
972/9,972/10 118 APP/7,APP/8 95
972/11 128 APP/9,APP/10 95
973/1,973/2 66 APP/11 95
973/3 66 TOA/1,TOA/2 25
974/1,974/2 78 TOA/3,TOA/4 10
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SUPPLEMENT HISTORY TABLE
Date Included/
Ord. No. Adopted Omitted Supp. No.
2023-010 6-20-23 Omitted 148
2023-011 6-20-23 Omitted 148
2023-012 8-29-23 Included 148
2023-013 9-26-23 Included 148
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
2024-008 8-20-24 Omitted 150
2024-009 8-20-24 Omitted 150
2024-010 11-19-24 Included 150
2024-011 12- 3-24 Included 150
2024-012 12-17-24 Omitted 150
2024-013 12-17-24 Omitted 150
2024-014 12-17-24 Omitted 150
2024-015 12-17-24 Omitted 150
2025-001 1-14-25 Included 150
2025-002 1-14-25 Omitted 150
2025-003 1-28-25 Included 150
Supp. No. 150 SH:7
MEETINGS AND PROCEDURES § 102.04
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.Sec. 102.02. Presiding officer. less than twelve(12)hours'notice to each member
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.
Sec. 102.08. Silence constitutes affirmative vote. No. 2014-005,§2,4-1-14;Ord. No. 2020-011,§2,
Sec. 102.09. Commissioner may file dissent. 9-22-20; Ord. No. 2024-010, § 2, 11-19-24)
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
sioners meetings and pursuant to the order of business. He shall
preserve order and decorum and shall state
procedures. 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, to an appeal by any commissioner to the commis-
sion, in which event a majority vote of the
2. Place. All meetings of the commission shall commission shall determine the question of order.
be held in the Commission Chambers, County The presiding officer shall vote on all questions
Administration Building A, 1801 27th Street, unless he abstains pursuant to general law.
Vero Beach,Florida,unless otherwise decided by When appropriate he shall sign all ordinances,
the commission. resolutions, and other documents adopted by the
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
agenda for a regular meeting shall be uploaded The presiding officer shall take the chair at
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
matters shall be presented to the county commis- 3. Pledge of Allegiance.
Sion except with the unanimous approval of the 4. Additions or deletions to the agenda/
commission. emergency items.
Supp. No. 150 102/1
§ 102.04 INDIAN RIVER COUNTY CODE
5. Proclamations and presentations. 7-8-03;Ord. No. 2008-006, § 1,3-11-08;Ord. No.
6. Approval of minutes. 2014-005, § 3, 4-1-14; Ord. No. 2020-011, § 2,
9-22-20; Ord. No. 2023-014, § 1, 10-17-23; Ord.
7. Information items from staff or commis- No. 2024-010, § 2, 11-19-24)
sioners not requiring board action.
8. Public comment—agenda related matter- Section 102.05. Reading of minutes.
s.(Except for public hearings)
9. Consent agenda. Unless a reading of the minutes of a commis-
sion meeting is requested by the commission,the
10. Constitutional officers and governmental minutes may be approved without reading if a
agencies. copy has previously been furnished to each com-
11. 1-07 Public items: missioner.
(Ord. No. 90-19, § 1, 9-18-90)
a. Public hearings;
b. Public notice items. Section 102.06. Rules of debate.
12. 4-1, County administrator matters.
1. Presiding officer may debate. The presiding
13. 4-2, Departmental matters: officer may not move except for nominations but
a. Building and facilities services may, second, and debate from the chair, subject
b. Community services; only to such limitations of debate as are imposed
on all members, and shall not be deprived of any
C. Emergency services; of the rights and privileges of a commissioner by
d. Human resources; reason of acting as presiding officer.
e. Information technology; 2. Getting the floor. Any commissioner desir-
f. Natural resources; ing to speak shall address the chair and upon
g. Office of management and budget; recognition by the presiding officer, shall be
confined to the questions under debate.
h. Parks, recreation, and conserva-
tion; 3. Introduction before commission.All substan-
i. Planning and development services; tive matters requiring action by the commission
j. Public works; shall be introduced by motion and supported by
a second.
k. Sandridge golf club
1. Utilities services. 4. Interruptions. Any commissioner who has
the floor shall not be interrupted unless it is to
14. County attorney matters. preserve order or to ask for an explanation. If a
15. 1-4, Commissioners matters. commissioner is called to order speaking shall
cease until the question of order is determined.
16. Special districts and boards
a. Emergency services district; 5. Privilege of closing debate. The commis-
b. Solid waste disposal district; sioner moving the adoption of an ordinance,
resolution, or motion shall have the privilege of
C. Environmental control board. speaking last.
17. Public comment—non agenda related mat- 6. Votes required. No action of the commission
ters. shall be valid unless adopted by the affirmative
18. Adjournment. vote of at least three(3)members of the commis-
(Ord. No. 90-19,§ 1,9-18-90;Ord. No. 94-32,§ 1, sion, and, except as required by state law, no
11-22-94; Ord. No. 97-20, § 1, 6-17-97; Ord. No. more than three (3) affirmative votes shall be
2000-002, § 2, 2-1-00; Ord. No. 2003-020, § 1, required to pass any motion except for items to
Supp. No. 150 102/2
MEETINGS AND PROCEDURES § 102.11
be added to the agenda once the agenda kits 2. Procedures for adoption of ordinances and
have been distributed,in which case a unanimous resolutions. Each ordinance and resolution shall
vote is required. be adopted in accordance with the procedures
7. Motion to reconsider.A motion to reconsider specified in Florida Statutes.
an action taken by the commission may be made 3. Rates and fees by resolution. All rates,fees,
only during the session at which such action was deposits,and charges adopted by the commission
taken. Such motion must be made by one on the will, to the extent permitted by law, be adopted
prevailing side, but may be seconded by any by resolution rather than by ordinance.
member. This section shall not preclude any
item on which commission action has already 4. [County attorney review of contract docu-
been taken from being placed on a subsequent ments.] All contract documents shall be
agenda. coordinated with and noted by the county attorney
(Ord. No. 90-19, § 1, 9-18-90) and county administrator before presentation to
commission. Contracts that do not require com-
Section 102.07. County officer addressing mission action shall be noted by the county
the commission. attorney before execution; provided, however,
county attorney's review of purchase orders is
The county officers shall have the right to not required.
take part in discussion, upon recognition by the (Ord. No. 90-19, § 1, 9-18-90)
presiding officer, at any time but may not vote.
(Ord. No. 90-19,§ 1,9-18-90;Ord. No. 2013-015,
§ 3, 10-1-13) Section 102.11. Public opportunity to be
Editor's note—Section 3 of Ord. No. 2013-015,adopted heard.
Oct. 1,2013,changed the title of§ 102.07 from"Addressing
the commission" to "County officer addressing the commis- 1. Members of the public shall be given a
sion." reasonable opportunity to be heard on a proposi-
tion before the board of county commissioners.
Section 102.08. Silence constitutes The board shall provide an opportunity for public
affirmative vote. comment prior to the undertaking by the board
of any action on the agenda, including those
Unless a member of the board states he is matters on the consent agenda,which falls outside
abstaining, his silence shall be recorded as an the scope of those items listed in subsection (2)
affirmative vote. below. Public comment shall also be heard on
(Ord. No. 90-19, § 1, 9-18-90) any proposition which the board is to take action
which was either not on the board agenda or
Section 102.09. Commissioner may file distributed to the public prior to the commence-
dissent. ment of the meeting;
Any commissioner may have the reasons for 2. The requirements in subsection (1) do not
his dissent from or protest against any action of apply to:
the commission entered in the minutes.
(Ord. No. 90-19, § 1, 9-18-90) a. An official act that must be taken to deal
with an emergency situation affecting
Section 102.10. Ordinances, resolutions, the public health, welfare, or safety, if
and contracts. compliance with the requirements would
1. Preparation of ordinances. All ordinances cause an unreasonable delay in the abil-
ity of the board to act;
shall be approved by the county administrator
and the county attorney and no ordinance shall b. An official act of the board involving no
be prepared for presentation to the commission more than a ministerial act, including,
unless requested by a commissioner or county but not limited to, approval of minutes
officer. and ceremonial proclamations;
Supp. No. 150 102/3
§ 102.11 INDIAN RIVER COUNTY CODE
C. A meeting that is exempt pursuant to
F.S. § 286.011, such as a meeting with
the county attorney's office concerning
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)
Supp. No. 150 102/4
COMMISSIONS AND BOARDS § 103.02
CHAPTER 103. COMMISSIONS AND to advise the board of county commissioners and
BOARDS* staff with respect to specific governmental action
by making decisions on the disposition of certain
Part I. In General matters coming before the board or commission.
Sec. 103.01. General. Commissions and boards which give only advice
Sec. 103.02. General provisions applicable to all to are designated "advisory." Commissions and
commissions and boards. boards which give advice and take governmental
Sec. 103.03. Regulatory commissions and boards. action are designated "regulatory."
Sec. 103.04. Advisory commissions and boards.
Sec. 103.04.1. Ex officio members of commissions and (Ord. No. 90-20, § 1, 9-18-90)
boards.
Sec. 103.04.2. Voting conflicts.
Sec. 103.05. Tourist development council. Section 103.02. General provisions
Sec. 103.06. Code enforcement special master. applicable to all commis-
Sec. 103.07. Code enforcement citation procedures— sions and boards.
General.
Sec. 103.08. Same—Contracting.
Sec. 103.09. The Indian River County Enterprise 1. Terms,reappointment and vacancies. Unless
Development Agency. specified otherwise, the regular term of office
Secs. 103.10-103.19. Reserved. shall be four(4)years. Members may serve until
their successors are appointed. Members may be
Sec. 103.20. Purrpose.pose. reaPP
Part II. Chil Services Advisory Committee ointed. Vacancies shall be filled for the
Sec. 103.21. Objective. unexpired term.
Sec. 103.22. Appointment to the children's services
advisory committee. 2. Number of members. All boards and com-
Sec. 103.23. Duties of the children's services advisory missions shall have five(5)members each unless
committee members.
Sec. 103.24. Sub-committees. otherwise stated in the documents creating the
Sec. 103.25. Meetings. board.
Sec. 103.26. Funding.
Sec. 103.27. Use of funds. 3. Appointment dates.Unless otherwise stated,
Sec. 103.28. Process for distribution of funds.
Sec. 103.29. Bookkeeping and audit. all appointments shall be from the first meeting
Sec. 103.30. Function of executive staff officer. of that board in January of each odd-numbered
Sec. 103.31. Procedures handbook. year with the terms staggered so that the number
of people appointed shall be equal or in propor-
PART I. IN GENERALt tion to the number of commission seats normally
filled in the previous election. To the extent that
Section 103.01. General. a member is appointed by a single county com-
The board of county commissioners will, from missioner, that member's term shall commence
time to time, establish commissions and boards in January following the election of the commis-
*Editor's note—It should be noted that Rea. No. 92-59, sioner. To the extent that members serve in an
adopted April 21, 1992, adopts a schedule of penalties for ex ofI'icio capacity or are appointed by other
county code violations cited in accordance with the citation governmental entities or groups, such members
provisions of County Code Chapter 103 and establishes shall serve until replaced by new members serv-
notification time frames for different types of code violations ing in the ex of1'icio capacity or appointed by the
and designates code enforcement officers for purposes of other governmental entities or groups.
implementing the citation provisions of County Code Chapter
103. Said resolution is not set out herein,but is on file and
available for inspection in the county offices. Also,Ord. No. In order to effectuate this policy, the present
97-17,amended Ch. 103 by designating§§103.01-103.08 as terms of all commission and board members in
Part I and adding provisions designated as Part II. See the Office at the time of adoption of this Code may be
Code Comparative Table. extended or shortened by resolution of the com-
i'Editor's note—Ord. No. 97-17, § 1, adopted May 13,
1997, amended the Code by designating former Ch. 103 as mission or the normal appointment terms may
Part I of Chapter 103. See the Code Comparative Table. be shortened.
Supp. No. 150 103/1
§ 103.02 INDIAN RIVER COUNTY CODE
4. Removal. Members shall serve at the 10. Rules of procedure. Each commission and
pleasure of the county commission. To the extent board shall follow such appropriate rules of
that a member is appointed by a single commis- procedure as are set forth by this Code for the
sioner,the member shall serve at the pleasure of county commission and shall meet as necessary.
the appointing commissioner; and, to the extent
that a member is appointed by another 11. Quorum. A majority of members of any
governmental entity or group, the member shall commission or board shall constitute a quorum.
serve at the pleasure of the appointing
governmental entity or group. 12. Commission or board action. Any matter,
motion or application before any commission or
5. Absence of members.Absence of any member board with five(5)members or less,must receive
from three (3) consecutive meetings without the affirmative vote of at least three(3)members
approval of the commission or board on which he for passage. Any matter, motion or application
sits shall,at the discretion of the county commis- before any commission or board with more than
sion, constitute an abandonment of the office by five (5) members must receive the affirmative
such member. vote of at least four (4) members and a majority
of those present for passage. Any matter, motion
6. Serve in advisory capacity. Commissions or application which is voted on and which
and boards shall act only in an advisory capacity receives less than the number of votes required
to the county commission except as otherwise for passage shall be deemed to have been denied.
provided. (Ord. No. 90-20,§ 1,9-18-90;Ord. No. 2003-010,
§ 1, 3-11-03; Ord. No. 2011-007, § 2, 9-13-11)
7. Compensation. Members shall receive no
salary, but the county commission may make
provision for the payment of any expenses neces- Section 103.03. Regulatory commissions
sary to the proper functioning of the commission and boards.
or board.
1. Planning and zoning commission. There is
8. Meetings. Unless otherwise provided, all hereby created a planning and zoning commis-
meetings shall be given public notice by the sion to carry out the procedures, duties, and
commissioners' assistants, shall be open to the functions set forth for it in the zoning ordinances.
public, and shall generally be held in the County The board shall consist of seven(7)members and
Commission Chambers, 1801 27 Street, Vero one alternate plus a school board representative
Beach. Unless provided the clerk of the court or designated and approved by the school board
a department secretary, the commissioners' who shall be a non-voting member of the plan-
assistants shall provide support for all commis- ning and zoning commission. Each county com-
sions and boards and shall keep minutes and a missioner shall appoint one member who must
permanent record of their proceedings. A copy of reside in that commissioner's district. The remain-
the minutes shall be forwarded to the board to ing two (2) members and the alternate shall be
the county commission upon request. appointed from the public at large. The alternate
shall be a voting member of the planning and
9. Election of officers. Each commission and zoning commission in the event of the absence of
board shall elect from among its voting members one of the seven (7) voting members. The board
a chairman and vice-chairman annually at its shall be the local planning agency for the county.
first meeting in January,or at its next meeting if All members shall be residents of the county.
no meeting is held in January. Except as otherwise
provided by state or federal law, a county com- 2. Board of zoning adjustment.There is hereby
missioner appointed as a representative of the created a board of zoning adjustment to carry
board of county commissioners to a commission out the procedures, duties, and functions set
or board shall be the board's non-voting liaison forth for it in the zoning ordinances. All members
to such commission or board. shall be residents of Indian River County.
Supp. No. 150 103/2
COMMISSIONS AND BOARDS § 103.05
3. Code enforcement board. There is hereby absent may be represented by another representa-
created the Indian River County Code Enforce- tive of that member's organization. The purpose
ment Board pursuant to authority and procedures of ex officio membership is to allow the commis-
of F.S. ch. 162. The board shall be constituted sion or board to have the benefit of the views of
and have powers and responsibilities as set forth the organization represented by the ex officio
in F.S. ch. 162. Per F.S. § 162.09, the Indian member.
River County Code Enforcement Board has the (Ord. No. 93-16, § 1, 5-11-93)
authority to impose fines up to one thousand
dollars ($1,000.00) per day per violation for a Sec. 103.04.2. Voting conflicts.
first violation, five thousand dollars ($5,000.00)
per day per violation for a repeat violation, for a (a) This section is supplemental to voting
commercial event at residence and an illegal conflict restrictions in the Florida Statutes.
connection to the public water supply system.
4. Indian River County Environmental Control (b) Whenever a person is being considered for
Board. There is hereby created the Indian River appointment or reappointment to a commission,
County Environmental Control Board pursuant board or committee,the commissioners'assistants
to the authority and procedures of Chapter shall, at the request of the board of county
85-427, Laws of Florida. The board shall be commissioners, inform the board of the number
constituted and have powers and responsibility and nature of the memoranda of conflict previ-
as set forth in said laws of Florida. It shall ously filed by the person being considered for
appoint a five-member hearing board pursuant appointment or reappointment under F.S.
to and with powers provided by said Laws of § 112.3143.
Florida.
5. There is hereby created a Children's Services (c) No person who is a member of a commis-
Network (CSNetwork), an advisory board to the sion, board or committee shall appear before
that commission, board or committee in a
Indian River County Board of Commissioners,to
carry out the procedures, duties and functions representative capacity. This shall not prohibit
set forth in Part II of this chapter. said member from appearing before the commis-
sion, board or committee in a matter on that
(Ord. No. 90-20,§ 1,9-18-90;Ord. No. 97-17,§ 1, member's own behalf.
5-13-97; Ord. No. 2001-020, § 1, 7-17-01; Ord.No. 2003-036, § 1, 12-2-03; Ord. No. 2003-040, (Ord. No. 94-3, § 1, 1-11-94; Ord. No. 2011-007,
12-9-03; Ord. No. 2005-023, § 1, 7-19-05; Ord. § 2, 9-13-11)
No. 2018-011, § 2, 5-22-18; Ord. No. 2021-013,
§ 2, 9-21-21) Section 103.05. Tourist development
Section 103.04. Advisory commissions and council.
boards. 1. There is hereby established and appointed
All advisory boards or commissions shall be a county tourist development council consisting
created by resolution instead of by ordinance. of the chairman of the board of county commis-
The commissioners' assistants shall keep a cur- sioners of Indian River County or another member
rent list of all advisory board resolutions with a of the board of county commissioners as designated
current roster of their membership and shall by the chairman;two(2)elected municipal officers,
provide notice and minutes for all meetings. one of whom shall be from the most populous
(Ord. No. 90-20, § 1,9-18-90;Ord. No. 2011-007, municipality in the county; three (3) owners or
§ 2, 9-13-11) operators of motels, hotels, recreational vehicle
parks, or other tourist accommodations, within
Sec. 103.04.1. Ex officio members of com- the county;and three(3)persons who are involved
missions and boards. in the tourist industry and who have demonstrated
Whenever a commission or board has an ex an interest in tourist development, but who are
officio member, the named representative when not owners or operators of motels, hotels,
Supp. No. 150 103/3
§ 103.05 INDIAN RIVER COUNTY CODE
recreational vehicle parks,or other tourist accom- day per violation for a repeat violation, for a
modations. All members of the council shall be commercial event at residence and an illegal
electors of the county. connection to the public water supply system.
(Ord. No. 91-2, § 1, 2-5-91; Ord. No. 2018-011,
2. The members of the council shall be § 2, 5-22-18)
appointed by the board of county commissioners
of Indian River County and shall serve for terms
of four (4) years. Section 103.07. Code enforcement citation
procedures—General.
3. The chairman of the board of county com-
missioners of Indian River County or his designee
who is a member of the board of county commis- (1) These procedures are enacted pursuant to
sioners shall be the chairman of the tourist F.S. §162.21.
development council.
4. The council shall, from time to time, make (2) Citation authorization;application. A code
recommendations to the board of county commis- enforcement officer so designated by the county
sioners for the effective operation of special is authorized to issue a citation to a person
projects or for uses of the tourist development when, based upon personal investigation, the
officer has reasonable cause to believe that the
tax revenue. The council shall continuously review person has committed a civil infraction in viola-
expenditures of revenues from the tourist develop- tion of a duly enacted county code or ordinance;
ment trust fund and shall receive, at least the county court will hear the charge. Designa-
quarterly, expenditure reports from the board of tion as a code enforcement officer does not
county commissioners or its designee. provide the code enforcement officer with the
Expenditures which the council believes to be power of arrest or subject the code officer to the
unauthorized shall be reported to the board of provisions of F.S. §§ 943.085 through 943.255.
county commissioners and to the department of
revenue. The board of county commissioners and
the department of revenue shall review the (3) Notification prior to citation issuance;
findings of the council and take appropriate procedures.
administrative or judicial action to ensure compli-
ance with section 125.0104, Florida Statutes. (a) Prior to issuing a citation,a code enforce-
(Ord. No. 90-20, § 1, 9-18-90) ment officer shall provide notice to the
person that the person has committed a
Section 103.06. Code enforcement special violation of a code or ordinance and shall
master. establish a reasonable time period within
which the person must correct the viola-
The chairman of the code enforcement board tion. Such time period shall be no more
shall also be a special master as provided for than thirty (30) days. If, upon personal
under F.S. § 162.03. The special master shall investigation, a code enforcement officer
have all of the authority allowed under F.S. ch. finds that the person has not corrected
162. The primary duty of the special master will the violation within the time period, the
be to issue notices to appear. Proceedings initi- code enforcement officer may issue a
ated before a special master may be continued citation to the person who has committed
before the code enforcement board and proceed- the violation. A code enforcement officer
ings initiated before the code enforcement board does not have to provide the person with
may be continued before the special master. Per a reasonable time period to correct the
F.S. § 162.09,the special master has the author- violation prior to issuing a citation and
ity to impose fines up to one thousand dollars may immediately issue a citation if the
($1,000.00) per day per violation for a first code enforcement officer has reason to
violation, five thousand dollars ($5,000.00) per believe that the violation presents a seri-
Supp. No. 150 103/4
COMMISSIONS AND BOARDS § 103.08
ous threat to the public health, safety or ment may be entered against the
welfare, or if the violation is irreparable person for an amount up to the
or irreversible.* maximum civil penalty.
Notwithstanding the preceding paragraph 11. A statement to read as follow: I
(103.07(3)(a)), the board of county com- hereby elect to waive my right to a
missioners shall adopt, by resolution, a court hearing and in lieu thereof
schedule of violations and penalties to be select to have my case heard by the
assessed by code enforcement officers, Indian River County Code Enforce-
including standard notification time ment Board or designated special
periods for specific types of violations, master. I understand that the deci-
said time periods not exceeding thirty sion of the code enforcement board
(30) days. or designated special master shall
(b) A citation issued by a code enforcement
be final and binding on me.
officer shall be in a form prescribed by (signature).
the county and shall contain: (4) After issuing a citation to an alleged viola-
1. The date and time of issuance, tor, a code enforcement officer shall deposit the
original citation and one copy of the citation with
2. The name and address of the person the county court, unless the alleged violator
to whom the citation is issued. elects to appear before the code enforcement
3. The date and time the civil infrac- board or designated special master in which case
tion was committed. the citation and copy shall be deposited with the
4. The facts constituting reasonable secretary of the code enforcement board.
cause. (5) Any person who willfully refuses to sign
and accept a citation issued by a code enforce-
5. The number of the section of the ment officer shall be guilty of a misdemeanor of
code or ordinance violated. the second degree,punishable as provided in F.S.
6. The name and authority of the code §§ 775.082, 775.083.
enforcement officer. (6) The provisions of this section shall not
7. The procedure for the person to apply to the enforcement of building codes adopted
follow in order to pay the civil penalty pursuant to F.S. § 553.73, as they apply to
or to contest the citation. construction, provided that a building permit is
8. The applicable civil penalty if the either not required or has been issued by the
person elects to contest the citation.
county.
9. The applicable civil penalty if the (7) The provisions of this section are an
person elects not to contest the cita- additional and supplemental means of enforcing
tion. county codes and ordinances; nothing contained
in this section shall prohibit the county from
10. A conspicuous statement that if the enforcing its codes or ordinances by any other
person fails to pay the civil penalty means.
within the time allowed, or fails to (Ord. No. 92-9, § 1, 4-21-92)
appear in court to contest the cita-
tion, he shall be deemed to have Section 103.08. Same Contracting.
waived his right to contest the cita-
tion and that, in such case, judg- (1) These procedures are enacted pursuant to
F.S. §489.127.
*For purposes of this section, "irreparable or irreversible"
violations shall include(but not be limited to)violations that (2) A code enforcement officer so designated
result in apparent financial advantage for the violator in by the county may issue a citation for any
comparison to law-abiding citizens. violation of F.S. §§ 489.127(1) or 489.132 (relat-
Supp. No. 150 103/5
§ 103.08 INDIAN RIVER COUNTY CODE
ing to unlicensed, uncertified or unregistered administrative hearing shall be deemed
contractors), or for any violation of County Code an admission of the violation and penal-
Chapter 400, "Regulation of Contractors," ties may be imposed accordingly.
whenever, based upon personal investigation,
the code enforcement officer has reasonable and (c) If the person receiving the citation,or his
probable grounds to believe that such a violation designated representative, shows that
has occurred. the citation is invalid or that the viola-
tion has been corrected prior to appear-
(3) A contracting citation issued by a code ing before the county enforcement board
enforcement officer shall be in a form prescribed or designated special master,the enforce-
by the county and shall contain the information ment board or designated special master
outlined in subsection 103.07(3)(b), items 1. shall dismiss the citation unless, with
through 9. regard to a corrected violation, the viola-
(4) Penalties. The board of county commission- tion is irreparable or irreversible.*
ers shall adopt, by resolution, a schedule of (d) If the enforcement board or designated
penalties to be assessed by the code enforcement special master finds that a violation exists,
officer,for each prohibited contracting activity as the enforcement board or designated
set forth in F.S. §§ 489.127(1) and 489.132(1), special master may order the violator to
and Chapter 400 of the County Code. The pay a civil penalty of not less than the
maximum civil penalty which may be levied amount set forth on the citation but not
shall not exceed five hundred dollars ($500.00). more than five hundred dollars($500.00)
Each day a willful, knowing violation continues per day for each violation. In determin-
shall constitute a separate offense. ing the amount of the penalty,the enforce-
(5) Cessation of violations;hearing procedures. ment board or designated special master
(a) The act for which the citation is issued shall consider the following factors:
shall be ceased upon receipt of the cita- 1. The gravity of the violation.
tion. The person charged with the viola-
tion shall elect either to correct the 2. Any actions taken by the violator to
violation and pay the civil penalty in the correct the violation.
manner indicated on the citation or,within 3_ Any previous violations committed
ten (10) days of receipt of the citation, by the violator.
exclusive of weekends and legal holidays,
request an administrative hearing to (e) Upon written notification by the code
appeal the issuance of the citation by the enforcement officer that a violator has
code enforcement officer. Said administra- not contested the citation and has not
tive hearing shall be held before the paid the civil penalty within the time
county code enforcement board or frame allowed on the citation, or if a
designated special master. Any person violation has not been corrected within
who willfully refuses to sign and accept a the time frame set forth on the citation
citation issued by a code enforcement (as applicable),the enforcement board or
officer commits a misdemeanor of the designated special master shall enter an
second degree, punishable as provided order ordering the violator to pay the
for in F.S. § 775.082 or 775.083. civil penalty set forth on the citation,and
(b) Failure of a violator to appeal the deci- a hearing shall not be necessary for the
sion of the code enforcement officer within issuance of such order.
the time period set forth in the preceding
For purposes of this section, irreparable or irreversible"
paragraph shall constitute a waiver of violations shall include(but not be limited to)violations that
the violator's right to an administrative result in apparent financial advantage for the violator in
hearing. A waiver of the right to an comparison with law-abiding citizens.
Supp. No. 150 103/6
COMMISSIONS AND BOARDS § 103.19
(f) A certified copy of any order imposing living in the enterprise zone area, a non-profit
penalty against an uncertified contractor community-based organization operating in or
may be recorded in the public records providing services in the nominated area, the
and thereafter shall constitute a lien Workforce Development Board of the Treasure
against any real or personal property Coast, local code enforcement agency, local law
owned by the violator. The lien may be enforcement agency, and three (3) members of
foreclosed upon after three (3) months the public at large. The importance of minority
from the filing of any such lien which representation on the agency shall be considered
remains unpaid, in accordance with the in making appointments so that the agency
provisions of F.S. §487.127(3)(h). generally reflects the ethnic and gender composi-
(6) Appeal to circuit court. An aggrieved party, tion of the nominated area.
including the local governing body, may appeal a
final administrative order of the enforcement 2. The functions, powers and duties of the
board or designated special master to the circuit agency shall include, but not be limited to, the
court. Such an appeal shall not be a hearing de following:
novo but shall be limited to appellate review of A. Assist in the development and
the record created before the enforcement board implementation of the enterprise zone
or designated special mater. An appeal shall be strategic plan.
filed within thirty (30) days of the execution of
the order to be appealed. B. Oversee and monitor the implementa-
(7) Serving of notices. All notices required by tion of the goals of the strategic plan.
this section shall be provided to the alleged The agency shall make quarterly reports
violator by certified mail,return receipt requested; to the board of county commissioners and
by hand delivery by the sheriff or other law the Vero Beach City Council evaluating
enforcement officer or code enforcement officer; the progress in implementing the strategic
by leaving the notice at the violator's usual place plan.
of residence with some person of his family above
fifteen (15) years of age and informing such C. Identify and recommend to the board of
person of the contents of the notice;or by includ- county commissioners and the Vero Beach
ing a hearing date within the citation. City Council ways to remove regulatory
barriers.
(8) Nothing contained in this section shall
prohibit the county from enforcing its codes or D. Identify the financial needs of, and local
ordinances by any other means. resources or assistance available to,
(Ord. No. 92-9, § 1, 4-21-92) eligible businesses and residents in the
nominated area.
Section 103.09. The Indian River County
Enterprise Development E. Promote through the development of the
Agency. enterprise zone and its benefits by market-
ing and advertising.
1. There is hereby established The Indian
River County Enterprise Zone Development 3. Sunset. The Indian River County Enterprise
Agency. The agency shall consist of not fewer Zone Development Agency shall sunset and
than eight(8)or more than thirteen(13)members automatically cease to exist on December 31,
which shall consist of at least one(1)representa- 2015.
tive from each of the following entities: the (Ord. No. 2005-021, 5-24-05;Ord. No. 2015-019,
Indian River County Chamber of Commerce, a § 2, 12-1-15)
financial or insurance entity located in or provid-
ing services in the nominated area, a business
operating in the enterprise zone area, a resident Sections 103.10-103.19. Reserved.
Supp. No. 150 103/7
§ 103.20 INDIAN RIVER COUNTY CODE
PART II. CHILDREN'S SERVICES ADVISORY d) Recommend the allocation of funds to
COMMITTEE* agencies that provide services for the
benefit of children in Indian River County.
Section 103.20. Purpose. e) Recommend standards for evidence based
The purpose of the children's services advisory measurable outcomes within the request
committee is to promote the health and well- for proposal and monitor the agencies for
being of children in a healthy community. The actual performance on agreed upon
term"health"encompasses socioeconomic,physi- standards.
cal, mental, social, emotional, environmental f) Recommend to employ, pay and provide
and educational health. benefits for any part-time or full-time
(Ord. No. 99-1, § 1, 1-19-99; Ord. No. 2022-007, position needed to execute the foregoing
§ 2, 5-17-22) powers and functions.
Section 103.21. Objective. (Ord. No. 99-1, § 1, 1-19-99; Ord. No. 2022-007,
§ 2, 5-17-22)
(1) The objective of the children's services
advisory committee is to provide a unified system Section 103.22. Appointment to the
of planning and delivery within which children's children's services
needs can be identified, targeted, evaluated and advisory committee.
addressed by the children's services advisory (1) The membership of the children's services
committee. advisory committee shall consist of fifteen
(2) Definition of child. Any person who has (15) voting members who must be
not attained the age of eighteen (18) years, also residents of Indian River County as fol-
minor. lows:
(3) This objective will be met by the children's a. A county commissioner, who shall
services advisory committee through the powers be a non-voting member;
and functions of the board of county commission- b. Six (6) ex-officio voting members.
ers as follows: Those members shall be:
a) Recommended to provide and maintain 1. Judge living in Indian River
in the county, services for children as the designated by chief judge;
children's services advisory committee 2. Superintendent of schools, or
determines are needed for the general his or her designee;
well-being of the county.
3. Department of children and
b) Collect information and statistical data families, circuit 19 community
and conduct research helpful to the development administrator;
children's services advisory committee 4. Department of health county
and the county in deciding the needs of health department administra-
children in the county. tor;
c) Consult,collaborate,and coordinate with 5. Law enforcement officer;
other agencies dedicated to the well-
being of children to the end that unneces- 6. Representative from the Indian
sary duplication of services will be River County Hospital District.
prevented. b. Five (5) voting members from the
community appointed by the board
*Editor's note—Ord. No. 99-1, § 1, adopted Jan. 19, of county commissioners. Each com-
1999,amended Pt.II,in its entirety,to read as herein set out missioner shall appoint one (1)
in§§103.20-103.31.Prior to inclusion of said ordinance,Pt.
II pertained to the Children's Services Network. See the member to represent his/her district,
Code Comparative Table. which individuals shall have some
Supp. No. 150 103/8
COMMISSIONS AND BOARDS § 103.23
form of expertise in the arena of (8) Except in the event of a conflict between
children's services, such as a physi- with this chapter, the children's services
cian, licensed mental health profes- advisory committee shall be subject to
sional, child advocate or someone the provisions of chapter 103 of the Indian
with business experience. River County Code of Ordinances.
C. Three (3) at-large voting members (Ord. No. 99-1, § 1, 1-19-99; Ord. No. 2011-007,
shall be appointed by the board of § 2, 9-13-11; Ord. No. 2022-007, § 2, 5-17-22;
county commissioners. Ord. No. 2023-008, § 2, 6-6-23; Ord. No. 2025-
003, § 2, 1-28-25)
d. One (1) voting member, appointed
by the board of county commission- Section 103.23. Duties of the children's
ers, who is an accountant, certified services advisory commit-
financial officer, certified financial tee members.
planner or has significant financial
experience. (1) Identify and assess the needs of the children
(2) Reserved. in Indian River County and submit to the board
of county commissioners a written description of:
(3) The members appointed by the board of a) The activities, services, and opportuni-
county commissioners shall have been ties available to Indian River County
residents of Indian River County for at children.
least twenty-four (24) months prior to
nomination. Such members shall be b) The activities, services, and opportuni-
appointed for four-year terms,except that ties that need to be provided to Indian
the length of the terms of the initial River County's children.
appointees shall be adjusted to stagger
the terms. No at-large member shall c) The anticipated schedule for providing
serve for more than two (2) consecutive those activities, services, and opportuni-
four-year terms. ties.
(4) Reserved. d) The manner in which children will be
served, including a description of col-
(5) Except as set forth above,no 14B designee
laboration and partnerships that will be
of principals will be allowed for any made with community organizations,state
member of the children's services advisory and local educational agencies, federal
committee. agencies, public assistance agencies, the
(6) Reserved. juvenile courts, foster care agencies, and
other applicable public and private agen-
(7) Officers: The chair shall be the county cies and organizations.
commissioner assigned to the children's
services advisory committee. Other e) The strategy that will be used for
officers will include vice chair,and stand- interagency coordination and collabora-
tioning sub-committee chairs. Officers exclud- fiscal r t r maximize existing human and
ing the chair will be elected by the resources.
majority vote of the children's services fj The special outreach efforts that will be
advisory committee members each Janu- undertaken to provide services to promote
ary and will assume the duties of their healthy children.
office on the regular meeting on the
second Monday of the next meeting each (2) Provide orientation to all new children's
year. The term as an officer, other than a services advisory committee members, to allow
county commissioner, will be for one (1) them to perform their duties and understand the
year,but officers may succeed themselves. Sunshine Law.
Supp. No. 150 103/9
§ 103.23 INDIAN RIVER COUNTY CODE
(3) Based upon board of county commis- chair of the sub-committee. There shall be no
sioner's fiscal year, provide an annual written other children's services advisory committee
report and presentation in January to the board members on the sub-committees.
of county commissioners, including program (2) There shall be standing sub-committees
updates/highlights,outcome data and performance created by the children's services advisory com-
and fiscal reports from each funded organiza- mittee. The children's services advisory commit-
tion. tee chair shall appoint the sub-committee chairs
(4) Provide an updated short term and long- with the approval of the children's services
term plan to the board of county commissioners advisory committee. Annually standing sub-
to include, but not limited to: committees will evaluate their effectiveness and
make recommendations to the children's services
a) Programs, services, and activities that advisory committee.
meet the objectives of the children's a) Community needs assessment and plan-
services advisory committee, including ning sub-committee: Shall be comprised
recommendations on best practices, of no fewer than five (5) and no more
programs and services to be implemented than nine (9) members. Members may
outside the RFP process set forth below. serve no more than three (3) two-year
b) A detailed budget for activities, services, terms. A one (1) year absence shall be
and programs recommended to receive required before members may re-apply to
funding from the board of county commis- serve on the sub-committee. The sub-
sioners. committee shall identify and assess the
needs of children of Indian River County
(5) Work with staff and sub-committees to through a needs assessment and asset
review and update the procedure manual as set mapping; submit to the board of county
forth in Section 103.31 of this chapter, to be commissioners through the children's
presented to the board of county commissioners services advisory committee a written
for approval every two (2) years. description of those needs. Provide and
(Ord. No. 99-1, § 1, 1-19-99; Ord. No. 2022-007, update short term and long term plan to
§ 2, 5-17-22) the children's services advisory commit-
tee including,but not limited to,programs,
services and activities that meet the
Section 103.24. Sub-committees. objectives of the children's services
(1) The children's services advisory commit- advisory committee.
tee may establish the change of membership in b) Grant review and program sub-commit-
or termination of the existence of any sub- tee: Shall be comprised of no fewer than
committees. Each sub-committee shall be named nine (9) and no more than fifteen (15)
and shall have and may exercise such powers as members. Members may serve no more
delegated by the children's services advisory than three (3) two-year terms. A one (1)
committee through the board of county commis- year absence shall be required before
sioners. Sub-committees may be composed of members may re-apply to serve on the
children's services advisory committee members sub-committee. In coordination with the
and citizens who are Indian River County executive office director,review and revise
residents,with an effort to broadly represent the requests for proposal (RFP) based on
county,geographically and socioeconomically. Each need determination and set priorities.
sub-committee shall have one member who is an Submit to children's services advisory
ex off`icio member of the children's services committee for approval. Review and
advisory committee who is a board of county recommend letters of intent submitted
commissioners appointed member to the children's by agencies requesting funding. Review
services advisory committee who shall serve as final RFPs and make recommendations
Supp. No. 150 103/10
COMMISSIONS AND BOARDS § 103.27
for funding to children's services advisory Section 103.26. Funding.
committee, who will then recommend to
the board of county commissioners for The board of county commissioners shall
funding. Receive, review and present to provide an assigned millage of up to 0.25 to the
children's services advisory committee children's services advisory committee.
members' quarterly (at a minimum) (Ord. No. 99-1, § 1, 1-19-99; Ord. No. 2022-007,
reports from funded agencies. Conduct § 2, 5-17-22)
program evaluations throughout the fund-
ing period,schedule and attend site visits Section 103.27. Use of funds.
to funded program.
It is the intent of this part that the funds
c) Other sub-committees deemed necessary provided per Section 103.26 shall be used for the
to fulfill the duties of the children's development and authorization of continuing
services advisory committee may be programs to improve the quality of life for all
established by the children's services children in Indian River County. Funds will be
advisory committee chair, with the expended for children's services to promote the
expressed consent of the board of county health and well-being of children, which
commissioners. A minimum of three (3) encompasses socioeconomic, physical, mental,
people will serve on such sub-commit- social,emotional,environmental and educational
tees. health. Such programs and services may include,
(Ord. No. 99-1, § 1, 1-19-99; Ord. No. 2022-007, but shall not be limited to the following purposes:
§ 2, 5-17-22) 1) To allocate and provide funds for agen-
cies in Indian River County which are
Section 103.25. Meetings. operated for the benefit of children.
2) To support programs and services which
(1) The children's services advisory commit- will enhance academic achievement and
tee will meet at least quarterly or as called by assist all children to achieve literacy and
the chair. perform at grade level in core areas such
a) All members are expected to attend all as reading, math and science.
meetings. If a member's annual 3) To provide and maintain in Indian River
attendance drops below the seventy-five County such guidance, psychological, or
(75) percent mark the executive office psychiatric programs and services as the
director shall submit a report to the county determines are needed for the
board of county commissioners for their general welfare of the children and
consideration of possible removal from families of Indian River County.
the children's services advisory commit- 4) To support programs and services which
tee.
promote and improve the physical health
b) Members of the children's services and well-being of all children, including
advisory committee shall serve without physical and recreational activities.
compensation. 5) To support programs and services
(2) The fiscal year of the children's services designed to stop child abuse before it
advisory committee will be the same as the starts.
Indian River County Board of County Commis- 6) To provide funds to programs and services
sioners. that keep our children off the streets and
(Ord. No. 99-1, § 1, 1-19-99; Ord. No. 2022-007, away from drugs, alcohol and other risky
§ 2, 5-17-22) behaviors.
Supp. No. 150 103/11
§ 103.27 INDIAN RIVER COUNTY CODE
7) To provide prenatal care programs where and such rules, policies and procedures as may
such programs will improve birth be established by resolution of the county,which
outcomes for all children. may include,but shall not be limited to programs
8) To provide for such other services for all providing for grants to not-for-profit agencies for
children as the county determines are the reimbursement of expenditures for operational
needed for the general welfare of Indian and overhead expenses for the creation, develop-
River County. ment and implementation of programs,grants to
not-for-profit agencies or children based upon
9) To collect information and statistical data funding all or a portion of the cost of services
which will be helpful to the county in rendered, the purchase of services or, where
deciding the needs of children and to children's services can most economically and
develop techniques for monitoring the efficiently be provided by county, through the
efficacy of funded programs and services establishment of county-run programs. Funding
including, but not limited to the gather- will not be used to pay for or reimburse services
ing of data, measuring outcomes, goal provided by other governmental entities or their
effectiveness, research. employees.
10) To provide or coordinate training,profes- (Ord. No. 99-1, § 1, 1-19-99; Ord. No. 2022-007,
sional development and other support to § 2, 5-17-22)
children's services advisory committee Editor's note—Ord. No. 2022-007,§2,adopted May 17,
2022,amended§2,and in so doing changed the title of said
funded agencies which will ultimately section from distribution of funds to read as set out herein.
improve service delivery and desired
outcomes for children. Section 103.28. Process for distribution of
11) To consult, coordinate and collaborate funds.
with local, state and national entities 1) The application process will be in the form
which promote best practices, profes- of a request for proposal. Each completed applica-
sional standards and advocacy focusing tion shall contain expected results stated in
on the health, well-being and education required evidence based measurable terms for
of children and families. review by the children's services advisory com-
12) To lease or purchase such equipment and mittee and a copy of the most recent financial
personal property, up to five thousand audit. Governmental agencies are excluded from
dollars ($5,000.00), as are needed to the financial audit requirement.
execute the foregoing programs and
services. 2) Announcement of plan. As soon as reason-
ably possible after submission of the children's
13) To employ and pay, on a part-time or services advisory committee's annual report and
full-time basis, personnel needed to initial funding plan for children's programs and
execute the foregoing programs and services, the county shall approve or modify the
services. plan and announce the availability of funding for
14) To provide for administrative expenses the upcoming fiscal year. The announcement
limited to Indian River County staff will include a description of services and programs
implementing this chapter and operating recommended for funding. The announcement
supplies, directly related to tasks neces- will include information pertaining to funding
sary to fulfill the scope and purposes of applications, rules and procedures pertaining to
this chapter, in an amount not to exceed the award of funds and applicable dates for
eight (8) per cent of the annual millage submission of applications and all details pertinent
for that fiscal year, to be determined at thereto.
the time of budget adoption. 3) Funding request evaluation. Evaluations of
Such children's services may be provided in agencies submitting funding applications shall
accordance with the provisions of this chapter include, but not be limited to, site visits,
Supp. No. 150 103/12
COMMISSIONS AND BOARDS § 103.30
interviews, and application review. Applications funding set forth for children's services by the
received will be assessed on the basis of specified board of county commissioners under Section
criteria and will include, but not be limited to, 103.26.
the following items: (Ord. No. 2022-007, § 2, 5-17-22)
Editor's note—Ord. No. 2022-007,§2,adopted May 17,
a. Organization's capability. The qualifica- 2022, repealed the former § 103.28, and enacted a new
tions and experience of the applicant in § 103.28 as set out herein. The former§103.28 pertained to
providing quality human services and cooperative agreements and derived from Ord. No. 99-1,
the agency's financial capability. adopted Jan. 19, 1999.
b. Evidence based outcomes from prior years.
C. Need for service. Appropriate goals and Section 103.29. Bookkeeping and audit.
objectives in response to the advertise-
ment of funding availability. Any agency funded through the process set
forth in Part II of this chapter shall be required
d. Soundness of methodology. The goal and to keep adequate records reflecting the use of
objectives, description of services with funds and services provided. These records shall
timeline and documented coordination be made available to the children's services
with other service providers. advisory committee or board of county commis-
e. Evaluation. The program's process and sioners upon reasonable demand. The executive
outcome objectives,data collection system office director shall,at a minimum;review records
and evaluation design. quarterly and prepare written reports for the
children's services advisory committee. All agen-
f. Cost effectiveness.The proportion of budget cies must provide the children's services advisory
applied to direct services, funds from committee with an audit based upon standard
other sources, funds requested, current accounting procedures.
and projected long range efficiency. (Ord. No. 99-1, § 1, 1-19-99; Ord. No. 2022-007,
g. Children and families served. The extent § 2, 5-17-22)
to which the application addresses services
to meet identified needs of the target Section 103.30. Function of executive
population. office director.
h. Neighborhood-based initiatives.The extent
and degree to which the application The executive office director of the county,
focuses on a local area or neighborhood. under the purview of the county administrator,
i. Response to a specified strategy. The will provide all services needed to support the
applicant's identification of and appropri- services set forth in this part, including, but not
ate response to a specified primary limited to,complete reports and activities required
strategy to meet the objectives of the children's services
advisory committee. These activities will include,
j. Application. The relative completeness, but are not limited to,administrative support for
clarity and conciseness of the response to the children's services advisory committee meet-
all required items in the funding ings and be the official record repository for said
announcement and application. records,keeping other records, monitoring agen-
cies receiving funds, writing appropriate grants,
4) Prior to budget hearings, the children's producing written materials, reviewing applica-
services advisory committee shall submit a line tions for funding, reporting to the children's
item request, by program, to the board of county services advisory committee, preparing annual
commissioners for funding consideration. This budgets, writing and presenting annual reports.
total request will be within the boundaries of the The office of the executive office director shall
Supp. No. 150 103/13
§ 103.30 INDIAN RIVER COUNTY CODE
consist of a director or manager and adequate
staff to perform all duties provided for under this
part.
(Ord. No. 99-1, § 1, 1-19-99; Ord. No. 2011-007,
§ 2, 9-13-11; Ord. No. 2022-007, § 2, 5-17-22)
Editor's note--Section 2 of Ord. No. 2011-007,adopted
Sept. 13,2011,changed the title of§ 103.30 from"Function
of executive staff officer" to "Function of executive office
director."
Section 103.31. Procedures handbook.
The procedure handbook shall be adopted by
the board of county commissioners by resolution,
which sets out the operating procedures of the
children's services advisory committee.
(Ord. No. 99-1, § 1, 1-19-99)
Supp. No. 150 103/14
TOURIST DEVELOPMENT TAX § 210.03
CHAPTER 210. TOURIST DEVELOPMENT recreational vehicle park, camping space or
TAX condominium for a term of six(6)months or less.
Said additional tax shall be for the purpose of
Sec. 210.02.. Tourist development plan.
Sec. 210.0 Taxing district and levy funding those authorized uses of tourist develop-
Sec. 210.03. Authorized uses of revenue. ment tax revenue as set out in section 210.03(a)(2)
Sec. 210.04. Local administration of tourist development and section 210.03(a)(6) of this chapter.
tax.
(e) There is hereby adopted and imposed an
Section 210.01. Taxing district and levy. additional one (1) percent tourist development
tax in accordance with F.S. § 125.0104(3)(n). on
(a) There are hereby created two (2) taxing the exercise within each of the taxing districts of
districts in which the tourist development tax is the taxable privilege of renting, leasing, or let-
imposed. One taxing district encompasses the ting for consideration any living quarters or
geographical boundaries of the City of Vero accommodations in any hotel, apartment hotel,
Beach. The second taxing district encompasses motel, rooming house, mobile home park,
the remainder of geographical boundaries of recreational vehicle park, camping space or
Indian River County. condominium for a term of six(6)months or less.
(b) There is hereby adopted and imposed a Said additional tax shall be for the purpose of
funding those authorized uses of tourist develop
accordance(2) percent tourist development tax in accordance with F.S. § 125.0104, on the exercise went tax revenue as set out in section 210.03(a)(2)within each of the taxing districts herein created of this chapter.
(Ord. No. 92-26,§5,7-14-92;Ord. No. 93-27,§ 1,
of the taxable privilege of renting, leasing or 7.20-93;Ord. No. 2000-029, § 1,9-7-00;Ord. No.
letting, for consideration any living quarters or 2019-004, § 2, 1-15-19; Ord. No. 2023-012, § 2,
accommodations in any hotel, apartment hotel, 8_29-23; Ord. No. 2023-018, § 2, 12-12-23; Ord.
motel, rooming house, mobile home park, No. 2024-011, § 2, 12-3-24)
recreational vehicle park, camping space or
condominium for a term of six(6)months or less. Section 210.02. Tourist development plan.
(c) There is hereby adopted and imposed an There are hereby adopted the plans for tourist
additional one (1) percent tourist development development for each district created by the
tax in accordance with F.S. § 125.0104(3)(d), on tourist development council with regard to the
the exercise within each of the taxing districts of specific revenues and expenditures for the first
the taxable privilege of renting, leasing, or let- twenty-four(24)months following the levy of the
ting for a consideration any living quarters or tourist development tax. The plans are attached
accommodations in any hotel, apartment hotel, hereto and by reference are hereby incorporated
motel, rooming house, mobile home park, as if fully set forth herein.
recreational vehicle park, camping space or
condominium for a term of six(6)months or less. (Ord. No. 92-26, § 5, 7-14-92)
Said additional tax shall be for the purpose of Section 210.03. Authorized uses of
funding those authorized uses of tourist develop- revenue.
ment tax revenue as set out in section 210.03(a)(4)
of this chapter. (a) All revenues received pursuant to this
(d) There is hereby adopted and imposed an article shall be used for the following purposes
additional one (1) percent tourist development only:
tax in accordance with F.S. § 125.0104(3)(1), on (1) To acquire, construct, extend, enlarge,
the exercise within each of the taxing districts of remodel,repair,improve,maintain,oper-
the taxable privilege of renting, leasing, or let- ate or promote one or more publicly
ting for consideration any living quarters or owned and operated convention centers,
accommodations in any hotel, apartment hotel, sport stadiums, sports arenas, coliseums
motel, rooming house, mobile home park, or auditoriums within the boundaries of
Supp. No. 150 210/1
§210.03 INDIAN RIVER COUNTY CODE
the county or subcounty special taxing facility, either publicly owned and oper-
distinct. However, these purposes may ated, or publicly owned and operated by
be implemented through services contracts the owner of a professional sports
and leases with lessees that have suf- franchise or other lessee with sufficient
ficient expertise or financial capacity to expertise or financial capability to oper-
operate such facilities; ate such facility, and to pay the planning
and design costs incurred prior to the
(2) To promote and advertise tourism in the issuance of such bonds.
State of Florida and nationally and
internationally;however, if tax revenues (b) A minimum of fifty (50) percent of the
are expended for an activity, service, revenues to be derived from the tourist develop-
venue, or event, the activity, service, ment tax levied pursuant to sections 210.01(b)
venue, or event must have as one of its and (c) of this chapter shall be used for the
main purposes the attraction of tourists purposes set forth in section(a)(4)of this section.
as evidenced by the promotion of the The remaining revenue derived from the tourist
activity, service, venue, or event to tour- development tax levied pursuant to sections
ists; 210.01(b) and(c) of this chapter may be used for
(3) To fund convention bureaus, tourist the purposes set forth in section (a)(1).
bureau, tourist information centers and (Ord. No. 92-26,§5,7-14-92;Ord. No. 93-27,§2,
news bureaus as county agencies or by 7-20-93;Ord. No. 2000-029, § 1, 9-7-00;Ord. No.
contract with the chambers of commerce 2019-004, § 2, 1-15-19; Ord. No. 2023-012, § 2,
or similar associations in the county; 8-29-23; Ord. No. 2023-018, § 2, 12-12-23; Ord.
No. 2024-011, § 2, 12-3-24)
(4) To finance beach improvement,
maintenance, renourishment restoration Section 210.04. Local administration of
and erosion control, including shoreline tourist development tax.
protection,enhancement,cleanup,restora-
tion of inland lakes and rivers to which (a) Any person, firm or corporation receiving
there is public access; consideration for rental or lease(herein referred
(5) Until such time as Indian River County to as the "dealer") for any period subsequent to
reaches a population of five hundred October 1, 2000, shall receive, account for, and
thousand (500,000) based on the most remit the tax to the county clerk of the circuit
recent population estimated prepared court.
pursuant to the provisions of F.S. (b) Initial collection of the tax shall be made
§ 186.901, as in effect on July 1st of each in the same manner as the tax imposed under
year, tax revenues received pursuant to F.S. Ch. 212.
this article may also be used to acquire,
construct,extend,enlarge,remodel,repair. (c) The county clerk of the circuit court shall
improve, maintain, operate or promote be responsible for the collection of the tax from
one or more museums, zoological parks, the dealer and administration of the tax.
fishing piers or nature centers which are
publicly owned and operated or owned by (d) The same duties and privileges imposed
not-for-profit organizations are open to by F.S. Ch. 212,upon dealers in tangible property,
the public. respecting the collection and remission of tax,
the making of returns, the keeping of books,
(6) Pay the debt service on bonds issued to records and accounts, shall apply to and be
finance the construction, reconstruction, binding upon all persons who are subject to the
or renovation of a professional sports provisions of this chapter; provided, however,
franchise facility, or the acquisition, that the county clerk of the circuit court may
construction, reconstruction, or renova- authorize a quarterly return and payment when
tion of a retained spring training franchise the tax remitted by the person receiving the
Supp. No. 150 210/2
TOURIST DEVELOPMENT TAX §210.04
consideration for such rental or lease for the of the state, and shall record the warrant in the
preceding quarter did not exceed one hundred public records of the county; and thereupon the
dollars ($100.00). amount of the warrant shall become a lien on
any real or personal property of the taxpayer in
(e) The county clerk of the circuit court shall the same manner as a recorded judgment. The
promulgate such rules,and prescribe and publish clerk may issue a tax execution to enforce the
such forms as may be necessary to effectuate the collection of taxes imposed by this section and
purposes of the section. deliver it to the sheriff. The sheriff shall thereupon
(f) The county clerk of the circuit court shall proceed in the same manner as prescribed by law
perform the enforcement functions associated for executions and shall be entitled to the same
with the collection and remission of this tax. fees for his services in executing the warrant to
be collected. The clerk may also have a writ of
(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 subset- �]) 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, leas 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 (k) Interest earned on the tax collections
paid by each dealer and to enforce payment of received by the county clerk of the circuit court
such tax, penalties, and interest by, but not shall be remitted by the clerk of the circuit court
limited to, distress warrants, writ of garnish- on a quarterly basis to be placed in the county
ments and criminal penalties as provided in F.S. tourist development tax fund.
Ch. 212. In addition to criminal sanctions, the
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 (1) For the purpose of enforcing this part,
collection,directed to all and singular the sheriffs the clerk of the circuit court is hereby
Supp. No. 150 210/3
§210.04 INDMN RIVER COUNTY CODE
specifically authorized and empowered scheduled to begin an audit, informing
to examine at all reasonable hours the the taxpayer of the audit. The clerk of
books, records, and other documents of the circuit court is not required to give
all persons taxable hereunder, or other thirty (30) days prior notification of a
persons charged with the duty to report forthcoming audit in any instance in
or pay a tax under this chapter, in order which the taxpayer requests an emergency
to determine whether they are collecting audit.
the tax or otherwise complying with this a. Such written notification shall
chapter. In the event said person refuses contain:
to permit such examination of its books (i) The appropriate date of which
records, or other documents by the clerk the auditor is scheduled to
of the circuit court as aforesaid, such begin the audit.
person is guilty of violating the provi-
sions of this chapter and shall be subject (ii) A reminder that all of the
to the penalties provided for in F.S. records, receipts, invoices, and
§ 125.69. The county clerk of the circuit related documentation of the
court shall have the right to proceed in taxpayer must be made avail-
circuit court to seek a mandatory injunc- able to the auditor.
tion or other appropriate remedy to enforce (iii) Any other request or sugges-
its rights against the offender,as granted tions the clerk of the circuit
by this section, to require an examina- court may deem necessary.
tion of the books and records of such b. Only records,receipts,invoices,and
dealer. related documentation which are
(2) Each person taxable hereunder, shall available to the auditor when such
secure,maintain,and keep for a period of audit begins shall be deemed accept-
three(3)years a complete record of rooms able for the purposes of conducting
or other lodging,leased or rented by said such audit.
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 § 126.0104(8)(a)),in addition to being personally
all such records which are located or 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 such
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
this subsection is (pursuant to F.S.
(3) The clerk of the circuit court shall send § 125.0104(8)(b)),guilty of a misdemeanor of the
written notification, at least thirty (30) first degree, punishable as provided in F.S.
days prior to the date an auditor is §§ 775.082 or 775.083.
Supp. No. 150 210/4
TOURIST DEVELOPMENT TAX §210.04
(o) As compensation for the keeping of
prescribed records and the proper accounting
and remitting of taxes, a dealer shall be allowed
a dealer's credit in accordance with the provision
of F.S. § 212.12(1).
(p) Tax revenues collected hereunder may be
used only in accordance with the provision of F.S.
§ 125.0104. Taxes collected by the county clerk of
the circuit court, less costs of administration
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)
Supp. No. 150 210/5
CODE COMPARATIVE TABLE
Section
Ord. No. Date Section this Code
2019-004 1-15-19 2 210.01(d)
210.03(a)(2)
2019-013 6-18-19 1 302.02(A)35,302.051
2019-014 6-18-19 1 Added 302.02(A)8,28
Rnbd 302.02(A)8-39
as 302.02(A)9-41
302.02(A)27
Added 302.15-302.18
2019-016 7- 9-19 2 105.01, 105.02,
105.04
2019-022 12-10-19 2 205.091
2019-023 12-17-19 1(App. A) 308.01-308.14
2020-001 1- 7-20 1 100.03
2020-004 3- 3-20 2 Added 106.01-106.05
2020-006 4- 7-20 2 201.64(A)
Added 201.65(B)(16)
2020-011 9-22-20 2 102.01
102.04
2020-013 10- 6-20 2 308.07(3)(b),(c),(9)
2021-001 1- 5-21 1 100.03.4
2021-002 1- 5-21 2 401.07
2021-005 3- 9-21 2 201.22(D)
Added 201.22(E)-(I)
2021-008 4- 6-21 2 313.01-313.03
Added 313.01.1,313.04-
313.07
2021-012 9-14-21 3 Added 215.01-215.20
2021-013 9-21-21 2 103.03.1.
2021-014 9-21-21 2 201.64
Added 201.93
2022-001 1-18-22 2 304.02
304.03
304.07-304.09
304.11,304.12
3 Rpld 304.13-304.18
2022-003 3- 1-22 1 100.03
2022-005 4-12-22 2 312.11(B)
2022-007 5-17-22 2 103.20-103.27
Rpld 103.28
Added 103.28
103.30
2022-008 5-17-22 2 Added 319.01-319.09
2022-011 7-12-22 2 204.06
204.13(2)
2022-017 12-20-22 2 Added 205.03(28)
2023-003 2- 7-23 2 101.05
2023-004 2- 7-23 1 100.03
2023-005 3-28-23 2 306.06
Added 306.065
2023-008 6- 6-23 2 103.22
2023-009 6- 6-23 2 104.03
Added 104.03.1
2023-012 8-29-23 Added 210.01(e)
210.03
2023-014 10-17-23 1 102A
2023-018 12-12-23 2 210.01
210.03
Supp. No. 150 CCT/9
INDIAN RIVER COUNTY CODE
Section
Ord. No. Date Section this Code
2023-019 12-12-23 2 401.07
2024-005 2-20-24 2 305.11
2024-010 11-19-24 2 102.01
102.04
2024-011 12- 3-24 2 210.01
210.03
2025-003 1-28-25 2 103.22
Supp. No. 150 CCT/10
SINGLE-FAMILY DEVELOPMENT § 912.05
CHAPTER 912. SINGLE-FAMILY Section 912.03. Definitions.
DEVELOPMENT
All terms used in this chapter are defined in
Sec. 912.01. Title. Chapter 901.
Sec. 912.02. Purpose and intent. (Ord. No. 90-16, § 1, 9-11-90)
Sec. 912.03. Definitions.
Sec. 912.04. Applicability and relationship to other Section 912.04. Applicability and relation-
regulations.
Sec. 912.05. Allowable uses;where single-family uses are ship to other regulations.
allowed and other uses are allowed in single-family areas. This chapter establishes certain regulations
Sec. 912.06. Property "buiidability"; determining if a which are found only within this chapter (912).
parcel can be built upon. Other regulations are presented or referenced in
Sec. 912.07. Locating buildings and structures on a this chapter, although they may occur in other
property. chapters, because such regulations affect single-
Sec. 912.08. Drainage;stormwater management and flood protection. family development. Thus, this chapter also
Sec. 912.09. Water and wastewater; utilities, wells, and functions as a reference for a range of land
septic tanks. development regulations that apply to single-
Sec. 912.10. Construction; building permit review, family development. The regulations contained,
approval,inspections. described or referenced within this chapter are
Sec. 912.12. ConcurImpact
not exhaustive. This chapter should not be
Sec. 912.12. Impact fees. P
Sec. 912.13. Moving,razing,and replacing a structure. construed to represent an exclusive list of all
Sec. 912.14. Fences and walls. requirements applicable to single-family
Sec. 912.15. Accessory uses and structures. residential development and uses within the
Sec. 912.16. Excavation,mining,and ponds. unincorporated area of Indian River County. In
Sec. 912.17. Parking and storage.
Sec. 912.18. Maintenance and public nuisance and noise. all cases,the regulations and provisions found or
Sec. 912.19. Nonconformities and related restrictions. referenced in this chapter apply to single-family
Sec. 912.20. Summary table; permits and approvals development. The regulations contained in this
required. chapter are also applicable to duplexes on
individual lots or parcels of record for the purposes
Section 912.01. Title. of building and permitting review.
(Ord. No. 90-16, § 1,9-11-90;Ord. No. 2025-001,
This chapter, the terms and provisions § 1, 1-14-25)
contained herein shall be known as the "Single-
Family Development Ordinance" of Indian River Section 912.05. Allowable uses: locations
County, Florida. for single-family develop-
(Ord. No. 90-16, § 1, 9-11-90) ment and uses allowed in
single-family areas.
Section 912.02. Purpose and intent. (1) Locations for single-family development.
Single-family development and use is allowed in
The purpose and intent of this chapter is to various comprehensive plan land use designated
establish regulations to protect and further the areas and within various zoning districts. Single-
health,safety,and welfare of Indian River County family residential development is allowed in the
residents in regards to single-family develop- following land use plan designated areas and
ment, and to present and explain other regula- within the following zoning districts:
tions affecting properties which may be developed
and used for single-family residential purposes. Land use plan designated areas:
It is also the purpose and intent of this chapter C-2, Conservation-2
to establish regulations in conformance with the C-3, Conservation-3
adopted comprehensive plan and other land use
regulations. AG-1, Agriculture
(Ord. No. 90-16, § 1, 9-11-90) AG-2, Agriculture
Supp. No. 150 912/1
§912.05 INDIAN RIVER COUNTY CODE
AG-3, Agriculture OCR, Office, commercial, residential
R, Rural (2) [Uses other than single-family dwelling
L-1, Low-1 units.] Within the land use designations and
L-2, Low-2 zoning districts referenced in section 912.05(1),
uses and related structures other than single-
M-1, Medium-1 family dwelling units are allowed as either permit-
M-2, Medium-2 ted,administrative approval,or special exception
Zoning districts: uses. More specific information regarding allow-
able uses within these districts is contained in
Con-2, Conservation; 1 unit per 40 acres Chapter 911, Zoning.
Con-3, Conservation;up to 1 unit per 2.5
(3) Accessory uses and structures.
acres
A-1, Agriculture up to 1 unit per 5 acres (A) Uses and structures accessory to a single-
A-2,Agriculture up to 1 unit per 10 acres family dwelling may be allowed upon a
property as follows:
A-3,Agriculture up to 1 unit per 20 acres
1. For properties that are less than
RFD, Rural fringe development up to 1 one-half (1/2) acres in size, the
unit per 2.5 acres cumulative floor area of all acces-
RS-1, Residential single-family up to 1 sory structures shall be at least one
unit per acre (1) square foot less than the floor
RS-2, Residential single-family up to 2 area of the principal single-family
units per acre dwelling.
RS-3, Residential single-family up to 3 2. For properties that are at least one-
units per acre half(1/2) acres in size but less than
RS-6, Residential Single-family up to 6 one(1)acres in size,the cumulative
units per acre floor area of all accessory structures
shall not exceed one and one-half
RT-6,Residential two-family up to 6 units (11/2)times the area of the principal
per acre single-family dwelling.
RM-3, Residential multifamily up to 3 3. For properties that are at least one
units per acre (1) acres in size but less than 4.59
RM-4, Residential multifamily up to 4 acres (200,000 square feet) in size,
units per acre the cumulative floor area of all acces-
RM-6, Residential multifamily up to 6 sory structures shall not exceed two
units per acre (2) times the area of the principal
RM-8, Residential multifamily up to 8 single-family dwelling.
units per acre 4. For properties that exceed 4.59 acres
RM-10, Residential multifamily up to 10 (200,000 square feet) in size, the
units per acre cumulative floor area of all acces-
sory structures shall not exceed three
R-BCID, Residential, Blue Cypress (3) times the area of the principal
Improvement District:See special regula- single-family dwelling.
tions, Chapter 911 (Zoning)
5. For items 1.-4. above, the floor
ROSE-4, Roseland Residential District: area measurement for both the acces-
See special regulations, Chapter 911 sory structure(s) and the principal
(Zoning) single-family dwelling shall be based
PRO, Professional office on enclosed area(including enclosed
Supp. No. 150 912/2
SINGLE-FAMILY DEVELOPMENT § 912.05
garages), but not unenclosed areas 2. Any structure or facility used for
such as open and screened porches, commercial or industrial processes
carports, terraces, and patios. or storage of stock in trade.
(B) Allowable accessory structures include, (4) Temporary uses. Certain temporary uses
but are not limited to, the following: and related structures are allowed in areas
1. Air conditioners and similar where single-family development is allowed;these
mechanical equipment; are as specified in Chapter 972,Temporary Uses.
2. Docks and accessory waterfront Portions of those regulations are restated herein.
structures (piers, observation (A) Temporary construction trailers, storage
platforms, and other similar facilities, watchman's quarters.
structures); Temporary construction trailers,
3. Swimming pools and related temporary construction storage facili-
structures; ties, and watchmen's quarters which are
used temporarily in connection with
4. Play equipment,tree houses,lights, construction activities may be permitted
outdoor furniture and mailboxes; to locate in any zoning district under a
5. Patios, terraces,porches,walkways, temporary use permit issued by the com-
gazebos, decks; munity development director if the fol-
6. Walls and fences; lowing requirements are met.
(1) Temporary use permits for construc-
tion trailers and temporary construc-
t. Utility buildings,workrooms,sheds; tion storage facilities may be issued
9. Parking areas and driveways; for temporary trailers for a period of
up to one year. Upon showing of
10. Sidewalks; good cause, such permits may be
11. Steps; renewed annually by the community
development director. In no case
12. Balconies, outside stairways; shall a permit be renewed for a
13. Guest cottages, servants quarters;* period of time which extends beyond
14. Satellite dishes and antennas;* the termination date of an active
building permit for the project.
15. Greenhouses;* (2) Construction trailers may be allowed
16. Fuel tanks (noncommercial); in conjunction with construction of
17. Transmission and/or reception subdivision improvements, and in
towers seventy (70) feet or shorter conjunction with the construction of
in height;* model and display homes in subdivi-
sions for a period of up to but not
18. Dune crossover structures;* exceeding one year from the date of
19. Tennis courts.* final plat approval.
*Note: These uses/structures must (3) No watchman's quarters trailers are
meet specific zoning requirements allowed in the RFD, RS-1, RS-2,
found in section 912.15 of this RS-3,RS-6,or RT 6 zoning districts.
chapter. No construction storage facility or
(C) Prohibited accessory structures include construction trailers exceeding two
hundred sixty (260) square feet in
but are not limited to: area may be allowed in the RFD,
1. Transmission towers over seventy RS-1, RS-2, RS-3, RS-6, or RT-6
(70) in height; zoning districts or within a single-
Supp. No. 150 912/3
§912.05 INDIAN RIVER COUNTY CODE
family subdivision development, b. Constructed as a breakaway
except as allowed for construction sign;
trailers in section (4) (A) (2) above. C. No more than three (3) feet in
(4) Watchman's quarters trailers or height measured from the
recreational vehicles may be allowed crown of the adjacent road,
only in the A-1, A-2 or A-3 zoning measured to the top of the
districts upon issuance of a building sign;
permit to construct a residence and d. Displayed only when the garage
temporary use permit to temporar- sale is actually open for visita-
ily allow the trailer or recreational tion by the public and only
vehicle. No such watchman's during the hours of 6:00 a.m.
quarters trailer permit shall be to 7:00 p.m.; and
allowed for a period of more than e. No greater than four(4)square
one year; no extensions shall be feet in area.
granted.
No on or off premises garage sale
(5) Garage sales and yard sales. Garage sales signs shall be maintained for a period
and yard sales are allowed to be conducted from exceeding eighteen(18)days during
any residence, with the following restrictions: a calendar year.
(A) No sale shall be conducted for more than These requirements are a restatement of
three (3) consecutive days; a section in chapter 956, sign regula-
(B) No more than three (3) sales may be tions.
conducted from any residence or site in No permit from the planning division is
any given calendar year; and required to be issued to conduct a garage sale
(C) Garage sale signs are allowed only as in accordance with these regulations.
specified herein. The number, size, loca- (6) Home occupations.
tion, and other characteristics of garage
sale or yard sale signs are as follows: (A) Authorizations. Home occupations are
1. One(1)on-premises garage sale sign permitted in any dwelling unit subject to
per street frontage may be the following provisions:
maintained between the hours of (B) Authorized home occupations. Except as
6:00 a.m. and 7:00 p.m. The sign set forth in subsection (G) below, the
shall not exceed four(4)square feet. following home occupations shall be
Said signs shall be located outside permitted uses, subject to the require-
of rights-of-way, within property ments of this section and the respective
lines, and shall maintain a ten-foot zoning district.
setback from all adjacent property 1. Artists and sculptors;
lines, excepting the road right-of-
way from which no setback is 2. Authors and composers;
required. 3. Dressmakers, seamstresses and
Two (2) additional off-premises tailors;
temporary signs may be placed 4. Computer programming;
within road right-of-way; however,
no more than two (2) such signs 5. Home crafts,such as model making,
may be placed per intersection. Such rug weaving, lapidary work, and
signs may be located within a road ceramics;
right-of-way, provided the sign is: 6. Office facility of a minister, rabbi,
a. Located at least eight (8) feet priest or other similar person associ-
from any roadway; ated with a religious organization;
Supp. No. 150 912/4
SINGLE-FAMILY DEVELOPMENT §912.05
7. Office facility of a salesman, sales 13. Restaurants;
representative, or manufacturers 14. Veterinary hospitals and clinics;
representative, provided that no
retail in person or wholesale transac- 15. Similar uses not strictly in compli-
tions are made on the premises,and ance with this section and the spirit
that no clients are attracted to the and intent of the zoning ordinance
premises; and the Indian River County
8. Telephone answering services; Comprehensive Plan.
9. The renting of not more than one (D) Use limitations. Except as set forth in
subsection (G) below, in addition to the
room for rooming or boarding persons regulations applicable in the zoning
who are not transients; district in which located,all home occupa-
10. Similar uses which do not involve in tions shall be subject to the following
person retail or wholesale sales limitations and requirements.
transactions on the premises, 1. Location. A home occupation shall
employment of persons on the be conducted within a dwelling which
premises other than occupants of is the bona fide residence of the
the dwelling, and any mass produc- principal practitioner or in any build-
tion assembly,processing,or fabrica- ing accessory thereto which is
tion operations; normally associated with a
11. Child care service for five (5) or residential use.
fewer children who are not related 2. Merchandise. No stock in trade shall
to the operator; be displayed or sold on the premises.
12. Realtors; 3. Exterior alterations. No alterations
13. Licensed contractors. to the exterior appearance of the
(C) Non-authorized home occupations. Except principal residence or premises shall
as set forth in subsection (G) below, the be made which change the character
following are not permissible home occupa- thereof as a residence.
tions: 4. Outdoor display or storage. No
1. Automotive repair or paint shops; outside display of goods or outside
storage of equipment or material
2. Barber shops and beauty shops; used in the home occupation shall
3. Child care centers for more than be permitted.
five(5)children who are not related 5. Employees. No persons other than
to the operator; an occupant of the dwelling shall be
4. Dog grooming services; allowed to work on the premises.
Non-resident employees may be
5. Food service establishments; employed under the home occupa-
6. Funeral chapels, funeral homes; tion,but only for off-premise conduct
7. Giftshops; of the home occupation. In such
cases, no more than two (2) non-
8. Massage parlors; resident employees shall be allowed
9. Nursing homes; to park their vehicles or meet on the
10. Medical or dental laboratories; home occupation premises.
11. Outdoor repair; 6. Level of activity. The use of the
dwelling unit for the home occupa-
12. Rental of any equipment or other tion shall be clearly incidental and
items; subordinate to its use for residential
Supp. No. 150 912/5
§912.05 INDIAN RIVER COUNTY CODE
purposes by its occupants,and shall in writing by the planning division within
under no circumstances change the ten (10) working days of the director's
residential character thereof. decision. The appeal shall state what
7. Parking. Parking generated by the aspect of the decision is being appealed
conduct of such home occupation and the reasons for and justification for
shall be met off the street. the appeal with specific reference to the
regulations and requirements of this
8. Equipment processes. No equipment subsection. The appeal shall be heard by
or process shall be used in such the planning and zoning commission.
home occupations which creates Decisions of the planning and zoning
noise,vibration,glare,fumes,odors, commission may be appealed to the board
or electrical interference detectable of county commissioners. The appeal
to the normal senses off the premises. process is also defined in Chapter 902 of
In the case of electrical interfer- the land development regulations.
ence, no equipment or process shall
be used which creates visual or (G) A home occupation that operates from a
audible interference in any radio or residential property as provided below:
television receivers off the premises. 1. May operate in an area zoned for
9. Signs. No signs accessory to such residential use.
home occupation shall be displayed 2. Shall be subject to any prohibitions,
except as permitted or authorized restrictions, regulations, or license
by applicable county sign regula- requirements as set forth for similar
tions. businesses under the county land
10. Licenses, permits. A home occupa- development regulations.
tion shall be subject to all applicable 3. Is subject to the applicable business
licenses and permits. taxes under F.S., ch. 205.
(E) Application and fees. Except as set forth 4. A home occupation is otherwise
in subsection(G)below,any person desir- exempt from the requirements of
ing to establish a home occupation, as the county land development regula-
authorized herein, shall submit an tions pertaining specifically to home
application for a home occupation permit occupations, if it operates, in whole
to the planning division. The application or in part,from a residential property
shall be on a form provided by the plan- and meets the following criteria:
ning division and shall include all informa- a. The employees of the home
tion required for a complete application. occupation who work at the
All such applications shall also be residential dwelling must also
accompanied by a fee, as established by reside in the residential dwell-
the board of county commissioners. ing, except that up to a total of
Applications shall be approved,approved two (2) employees or
with conditions, or denied by the com- independent contractors who
munity development director. do not reside at the residential
(F) Appeal of community development direc- dwelling may work at the home
for decisions. The community develop- occupation. The home occupa-
ment director's decision on a home tion may have additional
occupation application may be appealed remote employees that do not
within ten (10)working days of the date work at the residential dwell-
the decision is rendered. Any appeal may ing.
be made by an applicant or affected b. Parking related to the busi-
party. Any valid appeal must be received ness activities of the home
Supp. No. 150 912/6
SINGLE-FAMILY DEVELOPMENT §912.05
occupation complies with the and federal regulations with
county land development respect to the use, storage, or
regulation requirements and disposal of any corrosive,
the need for parking generated combustible, or other hazard-
by the home occupation may ous or flammable materials or
not be greater in volume than liquids.
would normally be expected at
a similar residence where no (7) Special uses.
business is conducted. Vehicles (A) General description of use categories. All
and trailers used in connection properties in the unincorporated area of
with the home occupation must the county are located within one or
be parked in legal parking more zoning districts, as shown in the
spaces that are not located official county zoning atlas (original and
within the right-of-way, on or copies kept in the planning division).
over a sidewalk, or on any The zoning district regulations of Chapter
unimproved surfaces at the 911 of the land development regulations
residence. specify what uses are allowed in any
C. As viewed from the street, the given zoning district. Uses that are
use of the residential property allowed are classified in one of three (3)
is consistent with the uses of ways: "permitted," "administrative
the residential areas that sur- permit," or "special exception."
round the property. External 1. Permitted uses are the types of uses
modifications made to a found throughout the zoning district
residential dwelling to accom- which are allowed "by right" upon
modate a home occupation must meeting the applicable land develop-
conform to the residential ment criteria. General development
character and architectural standards apply.
aesthetics of the neighbor- 2. Administrative permit uses are
hood. The home occupation may considered appropriate in the zoning
not conduct retail transactions district upon meeting specific
at a structure other than the development criteria, as well as
residential dwelling; however, general development standards.
incidental business uses and Administrative permit uses must be
activities may be conducted at approved by the planning and zoning
the residential property. commission.
d. The activities of the home 3. Special exception uses are those
occupation are secondary to the uses most closely scrutinized for the
property's use as a residential appropriateness of the use and the
dwelling. intensity,characteristics,and specific
e. The business activities comply location of the use. Special excep-
with the county land develop- tion uses must meet specific develop-
ment regulations or state ment criteria, as well as general
regulations with respect to sig- development standards, and must
nage and equipment or be considered by the planning and
processes that create noise, zoning commission and approved by
vibration, heat, smoke, dust, the board of county commissioners
glare, fumes, or noxious odors. at public hearings.
f. All business activities comply The specific development criteria that
with any relevant local, state, apply to administrative permit and special
Supp. No. 150 912/7
§912.05 INDIAN RIVER COUNTY CODE
exception uses are specified in Chapter (2) Exemptions. The following activities shall
971, Regulations for Specific Land Uses. be exempt from the provisions of this
(B) Specific administrative permit and special chapter:
exception uses. The many zoning districts (A) Creation of equal or larger building
which allow single-family development sites from lots of record.
allow various uses by administrative 1. The combination or recombina-
permit and special exception approval, tion of all or a portion of previ-
as established in Chapter 911, Zoning. ously created and parcels of
(Ord. No. 90-16, § 1, 9-11-90; Ord. No. 91-7, record where the newly cre-
§§ 12, 13, 2-27-91;Ord. No. 91-48, § 34, 12-4-91; ated and resulting parcels
Ord. No. 99-13, § 8, 5-5-99; Ord. No. 2012-016, comply with all applicable
§§ 13, 14,7-10-12;Ord. No. 2017-002,§5,3-7-17; zoning district dimensional
Ord. No. 2021-010, § 3, 8-17-21; Ord. No. 2023- criteria or, where applicable,
13, § 2, 9-26-23) the regulations governing non-
conformities.
Section 912.06. Property "buildability"; 2. The combination or recombina-
determining if a parcel tion of all or a portion of previ-
can be built upon. ously platted parcels of record
No property may be built upon unless it was are exempt where none of the
legally created,in conformance with the subdivi- newly created or residual
sion ordinance (Chapter 913) and the applicable parcels contain less area,width
zoning district lot dimensional standards found or depth than the smallest of
in Chapter 911, Zoning. the original parcels of record
being combined and no streets
(1) Determination of legal parcel creation. A of any kind or public ease-
parcel shall be determined to be legally ments are created, changed or
created in compliance with the regula- extinguished.
tions of this chapter if the parcel meets
one or more of the following: (B) Boundary settlements. Any convey-
ance between adjoining landowners
(A) The parcel was created under an if:
applicable exemption set forth in
section 912.06(2)below; or 1. The purpose of the conveyance
is to adjust or settle the
(B) The parcel is part of an approved common boundary line between
subdivision plat recorded in the adjoining landowners;
official plat book sections of the 2. The deed of conveyance or other
public records; or legal instrument states such
(C) The parcel was created as part of an purpose and is recorded in the
approved affidavit of exemption as official records of Indian River
provided for in the affidavit of exemp- County; and
tion section 913.06(5); or 3. The resulting parcel(s)conform
(D) The parcel was created in such a to the applicable zoning district
manner that does not constitute an dimensional criteria.
unlawful activity as specified in sec-
tion 912.06(3) below; (C) Conveyance to government.Any divi-
sion of land for the purpose of convey-
No building permit shall be issued for ing land to any federal, state or
construction of any improvements on a local government entity or agency
parcel that was not legally created in or public utility, provided such
compliance with these regulations. conveyance is accepted by the
Supp. No. 150 912/8
SINGLE-FAMILY DEVELOPMENT §912.06
grantee by an instrument recorded ing of land into two (2) or more
in the public records of Indian River parcels without filing a plat under
County. the provisions of this chapter,where
(D) Division by order of court. Any divi- the land divided was the result of a
sion of land by order of a court of previous division of land into two
competent jurisdiction. (2) or more parcels which occurred
(E) Corrective instrument. Any convey-
after July 23, 1983, is prohibited.
ance for the purpose of correcting (B) Divide property by any means for
an error made in the language used the purpose of sale or transfer of
in an original conveyance. title unless each of the resulting
(F) Forty (40) acre tracts. Any division parcels has at least the minimum
of width and depth require-
of land where all parcels resulting ments prescribed by the zoning
from the division contain forty (40) regulations and land use plan of
acres of land or more and no public Indian River County as applied to
easements or streets are created. the lots created,unless exempt under
When the tract prior to dividing is a section 912.06(2) above.
size which is not an even multiple of
forty (40) acres, a fractional (C) Divide property after December 8,
breakdown resulting in lots of equal 1973 by any means where a result-
size which are larger than thirty- ing lot does not have frontage on: a
eight (38) acres also qualifies for dedicated public right-of-way, a
the exemption. private platted right-of-way(street),
Notwithstanding this exemption for or a roadway historically and cur-
the maintained by the county, as
r
the creation of parcels forty (40)acres or greater in size,any proposal referenced on the county road grad-
ing map, of at least:
or aggregate proposals to create fifty
(50)or more parcels forty(40)acres 1. Sixty (60) continuous feet,
or greater in size shall be deemed to unless exempted under section
constitute a subdivision and shall 912.06(2), or unless the lot
require approval as a subdivision. fronts upon a cul-de-sac or
All provisions of this chapter shall curve and meets the require-
apply. ments of section 913.09(6)(C),
(G) Platting of a portion of a tract. for properties located within
the A-1,A-2,A-3,Con-2,Con-3,
Platting of a portion of a parcel or RFD and RS-1 zoning districts;
tract, under the terms and
procedures of Chapter 913, Subdivi- 2. The minimum lot width of the
sions and Platting, shall not zoning district applicable to the
constitute a splitting of that parcel lot(s) created for properties
or tract. located within zoning districts
other than those referenced in
(3) Unlawful activity. It shall be unlawful the above paragraph 1.,unless
and subject to the penalties provided exempted under section
hbrein for any person to: 912.06(2), or unless the lot
(A) Create a subdivision without first fronts upon a cul-de-sac or
complying with the provisions of curve and meets the require-
this chapter and filing a plat ments of section 913.09(6)(c).
approved by the board of county Access,ingress/egress,or other
commissioners unless exempt under easements shall not be deemed
section 912.06(2) above. The divid- to constitute a publicly
Supp. No. 150 912/9
§912.06 INDIAN RIVER COUNTY CODE
dedicated road right-of-way Note:Parcels created between September
unless previously dedicated to 21, 1990 and December 4, 1991 are subject
and accepted by the county. to the sixty (60) contiguous feet (rather
Private access easements shall than a minimum lot width) frontage
be considered "private platted requirement, regardless of the zoning
rights-of-way (street)" for district in which the property is located.
purposes of this section, if
a. The physical roadway (D) Commence the construction of any
located within the ease- improvements required under the
existed prior to provisions and requirements of
ment(s)
the countys road front- Chapter 913,Subdivisions and Plats,
age requirement without first having obtained a land
(December 8, 1973). The development permit from Indian
alignment of the physical River County or fail to construct or
roadway may be shifted maintain improvements in
from its 1973 location if accordance with an approved land
the roadway remains in development permit, plat approval
the same general location or requirements of this chapter.
and retains its 1973 begin-
ning and ending points; (E) Create a public or private right-of-
and way (street) without platting in
accordance with the applicable provi-
b. The physical roadway has sions of this chapter.
a passable width for two-
way traffic meeting county (F) Divide any lot or tract in a platted
local road standards subdivision that was approved by
(twenty(20)feet for single- the board of county commissioners
family development); and of Indian River County in a manner
C. A notarized letter,accept- which results in a construction-site
able to the county smaller than or inconsistent with
attorney's office in regard the surrounding lots in the subdivi-
to form and legal suf- sion unless approved by the board
ficiency, from the person of county commissioners.
or entity responsible for 1. Any request to divide a lot or
road maintenance is filed tract in such a manner shall be
with the county and reviewed and considered as fol-
recorded in the public lows:
records, indicating the
person or entity a. The technical review com-
responsible for mittee(TRC)shall review
maintenance and the the request and make a
method of maintenance recommendation to the
performed; and planning and zoning com-
d. The person(s) proposing mission;
the lot split files for and b. The planning and zoning
obtains administrative commission at a public
approval from staff,verify- hearing shall review the
ing that requirements are request and make a
satisfied regarding private recommendation to the
road right-of-way front- board of county commis-
age. sioners;
Supp. No. 150 912/10
SINGLE-FAMILY DEVELOPMENT §912.07
C. The board of county com- or covenants which would
missioners at a public prohibit the division or
hearing shall review the splitting of the lots.
request and approve,
approve with conditions, These provisions are edited and restated from
or deny the request. subsections of section 913.06 of the subdivision
ordinance.
2. Written notice of the public (Ord. No. 90-16, § 1, 9-11-90; Ord. No. 94-25,
hearings shall be mailed certi- § 25, 8-31-94; Ord. No. 99-13, § 9A, 5-5-99;
fied to each owner of property 2018-017, § 1, 9-18-18)
in the subdivision at least
fifteen (15) days in advance of Section 912.07. Locating buildings and
the hearing. structures on a property.
3. Prior to approval of a lot split,
the board of county commis- Many factors limit where a residence or other
sinners shall determine that: buildings and structures may be erected or placed
on a property. These factors include (but are not
a. No substantial negative limited to) zoning setbacks; easements; road
neighborhood impacts are rights-of-way;access and driveway location regula-
anticipated as a result of tions; wetlands regulations; and tree protection,
the split or subsequent tree removal, and landclearing regulations.
similar neighborhood lot
splits; (1) Setbacks. Setbacks are areas measured
b. The resulting lots conform perpendicular to property lines within which no
to the applicable county improvements may be located except as allowed
zoning requirements and in section 912.07(1)(b)6. below. Setbacks are
state regulations; applied to every property in the unincorporated
C. The resulting lots are
area of the county, and are established in every
zoning district.
buildable under current
regulations; (a) All zoning districts require setbacks for
d. No substantial adverse front,rear,and side yards. After verifica-
impacts on existing tion from the planning division,a parcel's
infrastructure are setbacks can be determined based upon
anticipated, as the result the zoning district setbacks applied to
of the split or subsequent the parcel and the yard configuration of
similar neighborhood lot the parcel. Yard configurations vary.
splits, via the resulting Corner lots that have frontage on two(2)
increase in density of streets have two (2) front yards.
intensity of use; (b) Special setbacks exist for various
e. The impacts of the split structures in various locations.
or potential splits will not 1. S.R. 60: All developments abutting
degrade adopted levels of S.R. 60 shall setback seventy-five
service to unacceptable (75) feet from the S.R. 60 right-of-
levels, pursuant to the way. This seventy-five-foot setback
provisions of Chapter 910, shall not apply to individual lots of
Concurrency Manage- record lawfully created prior to
ment; October 9, 1992 having a depth of
f. The applicant certifies one hundred fifty (150) feet or less
that he knows of no as measured from S.R. 60 road right-
recorded deed restrictions of-way.
Supp. No. 150 912/11
§912.07 INDIAN RIVER COUNTY CODE
2. Coastal construction control line provide the property owner with
(CCCL) and dune stabilization reasonable access to the
setback line (DSSL): Along the waterway.
Atlantic Ocean, special building (I) No more than twenty (20)
setbacks and dune vegetation protec- percent or twenty-five(25)feet,
tion lines have been established whichever is greater, of any
where building and clearing are shoreline may be altered for
prohibited or restricted. Further reasonable access. Native
information can be found in Chapter vegetation in the remainder of
932, Coastal Management. the shoreline protection buffer
shall remain unaltered, except
3. Jungle Trail protected area: Special as may be allowed through
building setbacks and vegetation county trimming regulations.
protection areas have been
established along the entire length C. Shoreline alteration shall be
of the Jungle Trail, located on the prohibited, unless it is in the
western portion of the north barrier public interest or prevents or
island. The planning division should repairs erosion damage, or
be contacted for further information provides reasonable access to
on Jungle Trail setbacks. the water, does not adversely
impact water quality, natural
4. St. Sebastian River and Indian habitat or adjacent shoreline
River: In accordance with regula- uses, and is permitted by all
tions from Chapter 929, Upland applicable jurisdictional regula-
Habitat Protection, the following tory agencies. Any native
apply to parcels on the St. Sebastian vegetation removed in such
and Indian rivers: instances, except as may be
allowed in Chapter 929, shall
a. A fifty-foot shoreline protec- be relocated or replaced on-
tion buffer for unplatted site with vegetation comparable
parcels, and a twenty-five-foot in type and amount.
buffer for existing platted lots 5. Required corner visibility.
is established on land parcels
bordering the St. Sebastian a. Location. On every corner lot,
River or the Indian River the triangle formed by the
Lagoon Aquatic Preserve, street lines of such lot and a
measured from the mean high line drawn between points on
water line is required. In no such street lines which are
case, however, with reference thirty (30) feet from the
to existing parcels or lots of intersection thereof shall be
record, shall the buffer exceed clear of any structure or plant-
twenty(20)percent of the parcel ing of such nature and dimen-
or lot depth perpendicular to sion as to obstruct lateral
the applicable waterway. vision; provided that this
requirement shall generally not
b. Within the shoreline protec- apply to the trunk of a tree,
tion buffer, no development (but shall apply to branches
shall be permitted with the and foliage), or a post, column
exception of docks,boat ramps, or similar structure which is
pervious walkways and not greater than one foot in
elevated walkways which cross section or diameter. In
Supp. No. 150 912/12
SINGLE-FAMILY DEVELOPMENT §912.07
addition, when applicable, all properties,air conditioners,pool
sight distance requirements of heaters and similar mechani-
the Indian River County cal equipment in planned
landscape chapter shall also developments and small-lot
be maintained. subdivisions with reduced yard
b. Vertical clearance. Such lateral setbacks shall be:
vision shall be maintained • Located adjacent to a garage
between a height of thirty(30) or other non-living area,and
inches and ten (10) feet above not located adjacent to an
the average elevation of the outdoor living area such as
existing surface of both streets a porch or patio; or
measured along the center- • Located at least ten(10)feet
lines adjacent to the visibility from all property lines; or
triangle. • County-approved as a"quiet"
6. [Setbacks for certain types of low decibel model unit or
structures.]Setbacks for certain types installed with a county-ap-
of structures are reduced or waived, proved sound barrier or other
in accordance with the "yard county-approved noise-
encroachment"provisions of chapter mitigating improvement.
911, Zoning. The following yard d. Fire escapes,outside stairways,
encroachments are allowed. balconies, chimneys and other
a. Structural overhangs. Cornices, similar appurtenances. Open
awnings,eaves,gutters or other or enclosed fire escapes,outside
similar structural overhangs, stairways, balconies, and
at least seven (7) feet above chimneys and flues may project
grade, may extend up to four up to four (4) feet into any
(4)feet into any required yard, required yard, provided such
provided that no such overhang projections shall not unduly
shall extend to within six (6) obstruct light and ventilation.
feet of any property line. e. Docks and accessory waterfront
b. Sills and belt courses. Sills, structures. Docks and other
belt courses and similar permitted accessory waterfront
ornamental features may structures are allowed within
extend six (6) inches into any required yards, excluding
required yard. required side yards.
C. Air conditioners, pool heaters f. Swimming pools and related
and similar mechanical equip- structures.
ment. Air conditioning equip- (I) Swimming pools. No
ment, pool heaters, sprinkler swimming pool shall be
system controls and similar located closer than ten(10)
mechanical equipment(includ- feet to any rear property
ing utility pad mounted equip- line or within any ease-
ment) may project into any ment for utilities, drain-
required yard provided that age or access.
the equipment is mounted (II) Special yard situations.
adjacent to the building. a. On corner lots with
In order to minimize potential one (1) yard which
noise nuisance to adjacent abuts a road right-of-
Supp. No. 150 912/13
§912.07 INDIAN RIVER COUNTY CODE
way classified as an to the rear property line
arterial road on the on interior or corner lots.
county's For purposes of this
thoroughfare plan paragraph, yards which
map, no swimming are not adjacent to the
pool shall be located main entrance of the lot,
closer than ten (10) but which abut a road
feet to the property classified as an arterial
line abutting the road on the county's
arterial road, or thoroughfare plan map
within any easement shall be considered rear
for utilities, drain- yards. Pool enclosures
age, or access, shall not encroach on the
provided that the required rear yard on
yard adjacent to the either double frontage lots
arterial road is not or corner lots if the rear
the yard providing yard abuts or faces the
the main entrance to front yard providing the
the lot. main entrance to another
lot.
b. On lots where no
rear yard,as defined g• Play equipment,lights,outdoor
re chapter 911, furniture. Play equipment,
in x wires,lights,outdoor furniture,
Zoning,exists having
a width least one- mailboxes, ornamental entry
half (1/2) the columns and gates,and outdoor
equipment are allowed within
applicable minimum
lot width,one(1)side required yards.
yard or side yard h. Unenclosed porches, steps and
area may be paved terraces. An unroofed
designated by the porch, steps or paved terrace
property owner as a area may project into the front
"rear yard" for the yard for a distance not to exceed
purposes of apply- ten (10) feet.
ing the regulations i. Walls and fences. Fences and
contained within this walls are allowed within
section. required yards, subject to the
(III) Pool decks and patios. No provisions of Chapter 917,
deck or patio constructed Accessory Uses and Structures.
in conjunction with any j. Utility buildings. Utility build-
swimming pool shall be ings or sheds of one hundred
located within an ease- (100) square feet or less may
ment or closer than five be located within a required
(5) feet to any property side or rear yard, provided a
line. minimum of five (5) feet is
(IV) Pool enclosures. No screen maintained from the side or
enclosures for swimming rear property line and the util-
pools shall be located ity building or shed is clear of
within an easement or all easements. Only one such
closer than ten (10) feet utility building or shed may be
Supp. No. 150 912/14
SINGLE-FAMILY DEVELOPMENT §912.07
allowed to encroach into a that the planter is constructed
required yard on a single lot or in a manner contiguous to the
parcel of land. A utility build- building.
ing or shed(one hundred(100) n. [Exemptions.] The following
square feet or less) that is to structures shall be exempted
be located to within five (5) from the minimum yard
feet of a side or rear property requirements: underground
line shall be located no closer utility equipment,clothes lines,
than ten (10) feet to the flag poles,mailboxes,police call
principal structure and shall boxes, traffic signals, fire
not exceed the height of the hydrants, light poles, or any
principal structure. (Refer to similar structure or device as
chapter 917 regulations for approved by the community
accessory storage buildings.) development director.
k. [Driveways on single-family o. [Dune crossover structures.]
lots.] On single-family zoned Dune crossover structures serv-
lots,driveways must be located ing one (1) parcel shall be
a minimum of five(5)feet from allowed to be located to within
the nearest side lot line at the five (5) feet of a side property
point of intersection with the line. Crossover structures
right-of-way. Driveways may shared by two (2) adjacent
come within two (2) feet of a parcels may be located on and
side or rear lot line, subject to over the common boundary
the above referenced five-foot between the two (2) parcels if
minimum setback at the right- located in a common beach
of-way line. On corner and access easement. No crossover
other multi-frontage lots, structure shall be allowed to
driveways may come within two be located within any ease-
(2)feet of a rear lot line,subject ment other than a beach access
to the above referenced five- easement.
foot minimum setback at the p. Screening enclosures, patios,
right-of-way line. Common or and decks. No screening
shared driveways may be enclosures, patios, or decks
located across lot lines and shall be located closer than
within sideyard setbacks when five(5)feet to any rear property
located within recorded cross- line or within any easement
access easements. for utilities,drainage,or access.
1. Sidewalks. Sidewalks, q. Compost piles. Compost piles
pedestrian paths, and are allowed to be located within
recreational courts and similar rearyard setback areas but may
on-grade improvements not be located within ease-
formally shared between ments unless written consent
owners of abutting properties, is granted
may encroach within required r. Tennis courts. Tennis courts
yards. shall not encroach into any
m. Planters. Planters for flowers required yards. They must meet
and shrubs may be extended or exceed the minimum build-
up to four (4) feet into any ing setback for the applicable
required yard setback provided zoning district,unless the court
Supp. No. 150 912/15
§912.07 INDIAN RIVER COUNTY CODE
is formally shared by owners screened from adjacent
of abutting properties in which neighboring side and rear
case no setback is required. yards by a four (4) foot
S. Building entry/exit landings. opaque feature which may
A building entry/exit landing consist of existing or
located adjacent to a building planted vegetation,a wall,
may project up to five (5) feet a fence, or other improve-
into any required yard but shall ments approved by the
not project into an easement. planning division.
t. Generators and associated (VI) No generator or fuel tank
above ground fuel tanks (above ground tank or
(permanent facilities). below ground tank) shall
(I) Above ground fuel tanks be located within a public
having a capacity in excess right-of-way or drainage
of five hundred (500) gal- and/or utility easement.
lons are subject to the 7. The thirty-five-foot height limita-
requirements of 917.06(1). tion stipulated in the single-family
(II) A generator or above zoning districts shall not apply to
ground fuel tank not the following,provided that no such
located within five(5)feet structure exceeds the height limits
of a building may be for airport approach areas, as
located no closer than ten established in paragraph a. below:
(10) feet from a side or Church steeples and spires;
rear property line. Chimneys;
(III) Where allowed by Flag poles;
applicable building and Silos;
fire codes, a generator or Windmills;
fuel tank located within
five (5) feet of a building Aircraft control towers and
may be allowed within five navigational aids;
(5)feet of any side or rear Utility transmission towers;
property line. For a legally Solar energy collectors;
created lot of record that Transmission and receiving
is less than seventy (70) towers; and
feet wide, a generator or Similar structures.
fuel tank may be located
no closer than two and Any radio, television or microwave
one-half(2.5) feet from a transmission or receiving tower
side or rear property line which is greater than seventy (70)
where allowed by feet in height shall only be allowed
applicable building and subject to the criteria established
fire codes. for such towers in Chapter 971,
(IV) A generator or above Specific Land Use Criteria.
ground fuel tank may be Note:Special height limitations and
allowed to encroach up to setback criteria for towers are
five(5)feet into a required addressed in section 912.15.
front yard setback. a. Airport approach areas. No
(V) Generators and above structure shall be erected which
ground tanks shall be would encroach into or through
Supp. No. 150 912/16
SINGLE-FAMILY DEVELOPMENT §912.07
any established public or ally,construction is prohibited within most ease-
private airport approach plan, ments; in some cases construction is allowable
prepared in accordance with over easements.
the criteria established by the (a) Easements count toward required setback
Federal Aviation Administra- area. Setbacks may "overlap" easement
tion, including the approach areas; easements may be counted as
and zoning plan for any airport setback area.
or airstrip which may cur-
rently exist or be created in (b) Easements may be released (abandoned)
the future. if their function is no longer necessary
and if no potential future use is needed.
b. Height limitations. (c) Covenants for removal of structures within
1. No structure shall be an easement may be approved, to permit
erected which would the construction of a fence, or other
conflict with the airport structure, with the provision that the
zoning ordinance height structure is removed at the owner's
regulations of section expense if necessary.
911.17(4)(a). In such covenants, the property owner
2. Parapet walls located at acknowledges that the construction is at
the building roof-top edge the sufferance of the easement holder
may extend no more than and that the constructed improvement
five (5) feet above the may be removed by the easement holder
building height limita- without penalty or expense. More specific
tion (thirty-five (35) or information is contained in Chapter 917,
forty-five (45) feet, as Accessory Uses and Structures.
applicable). (3) Road rights-of-way. Road right-of-way is a
3. Other than the parapet strip of land within which road, sidewalk or
wall provision referenced bikeway, drainage, and utilities are or will be
in 911.15(1)(b)2. above, located. Front yards abut road rights-of-way.
roof-top structures such Along county roads having deficient right-of-
as screen walls, elevator way, right-of-way expansion can have a great
shafts and enclosures; effect upon where new development should be
stairways and enclosures; located on adjacent parcels. The more significant
and similar structures road right-of-way deficiencies exist along the
shall be set back from the county's major thoroughfare, listed as follows:
building roof-top edge two Major Arterials:
(2)feet horizontal distance S.R. A.1.A.
for every one (1) foot of
vertical rise above the I.R. Blvd.
applicable building height I-95
limitation. C.R. 512
(2) Easements. An easement is the right of a C.R. 510
person,governmental agency,or public or private S.R. 60
utility to use public or private land owned by 17th St.
another for a specific purpose. There are many 27th Ave.
different types of easements;these include:access,
utilities, drainage, buffering, and others. Gener- 58th Ave.
Supp. No. 150 912/17
§912.07 INDIAN RIVER COUNTY CODE
Minor Arterials: mities under the land development regulations
Roseland Rd. that could restrict future expansion or rebuild-
ing plans.
43rd Ave.
66th Ave. (4) Access and driveway regulations.
82nd Ave.
69th St. (a) Any application to construct a single-
53rd St. family residence shall include the loca-
tion of the driveway(s). Said driveway
41st St. shall provide access to the residence and
12th St. to the off-street parking area(s).
4th St.
1. For any single-family residence
17th St. S.W. proposed to be constructed, the
Collectors: driveway(s) shall have a minimum
Old Dixie width of eleven(11)feet in the area
where the driveway is within the
20th Ave. right-of-way.
74th Ave.
90th Ave. (b) On single-family parcels having frontage
98th Ave. on more than one roadway, access shall
be restricted to the roadway having the
73rd St. lower functional classification.
65th St.
61st St. 1. Where new residences are
constructed or carports or garages
57th St. are constructed on single-family
49th St. parcels where access is restricted as
45th St. provided in 4.(b)above,garages and
carports shall be designed and
37th St. oriented so as to be accessed by
33rd St. legal, conforming, and approved
26th St. driveways.
16th St. 2. Right-of-way permits are required
8th St. for connecting a driveway(s)to either
1st St. S.W. a county or a state road.
5th St. S.W. The applicable county or state
standards must be satisfied.
13th St. S.W.
21st S.W. (5) Wetlands regulations. Wetlands regula-
Applicants for single-family residences are tions restrict or prohibit development within
strongly encouraged to set back residences and wetland areas, which generally consist of water
other permanent structures from road rights-of- bodies, impoundments, or areas inundated by
way a distance that is sufficient to accommodate water for a period of time. Wetlands may be close
ultimate setbacks from future, expanded road to or connected to a waterbody or "isolated."
rights-of-way, and thus avoid future nonconfor- Generally,the following activities within wetlands
Supp. No. 150 912/18
SINGLE-FAMILY DEVELOPMENT §912.07
are subject to regulations and restrictions (b) [Vegetative conservation.]
[restated from Chapter 928, Wetlands and
Deepwater Habitat Protection]. 1. No vegetation or trees may he cleared
or removed within established
(a) No activity shall be allowed that results conservation easements, without a
in the alteration,degradation,or destruc- special permit issued by the plan-
tion of wetlands or deepwater habitats ning division.
except when:
1. Such an activity is necessary to 2. For the proposed development of a
prevent or eliminate a public hazard, single-family residence on a parcel
provided wetland and deepwater five (5) acres or larger, a native
habitat functional loss is unavoid- upland vegetation conservation ease-
able and minimized; ment deeded to the county may be
required. Any application to
2. Such an activity would provide direct construct a single-family residence
public benefits which would exceed on a parcel five (5) acres or larger
the loss of wetland or deepwater shall be reviewed by environmental
habitat functions and values, planning staff to determine the aerial
provided there is a public need, and extent of native upland vegetation
wetland and deepwater habitat communities on site, if any. If an
functional loss is unavoidable and area of native vegetation is
minimized; or determined to exist then either a
conservation easement, or off-site
3. Such an activity is proposed for preservation,or a fee-in-lieu of ease-
wetlands or deepwater habitats in ment shall be provided by the
which the functions and values cur- applicant to the county prior to
rently provided are significantly less building permit issuance in
than those typically associated with accordance with section 929.05 of
such habitats and cannot be reason- the land development regulations.
ably restored, and preservation of
the habitat is not in the public (c) Protected trees or specimen trees shall
interest. not be removed from lots or parcels over
one-quarter(Y/4)acre(ten thousand eight
(b) Mitigation shall be required for any activ- hundred ninety (10,890) square feet) in
ity that results in the alteration,degrada- size without a tree removal permit issued
tion, or destruction of wetlands or by the planning division. A protected
deepwater habits, as provided for in tree is a"tree having a diameter-at-breast-
Chapter 928. height (dbh) of four (4) inches or more,
but not including "specimen trees," as
(6) Tree protection, tree removal, land clear- defined in County Code Section 927.04.
ing, and landscape regulations. Tree protection, Cabbage palms (Sabal palmetto) with
tree removal,land clearing,and landscape regula- ten (10) feet or more of clear trunk,
tions affect the development and maintenance of regardless of dbh, are protected trees.
single-family parcels. Protected trees shall also include each
tree,regardless of the dbh of the individual
(a) Mangroves and dune (Atlantic Ocean tree, within a significant grouping of
beach area) vegetation may not be trees of West Indian or tropical origin.
removed, cleared, or trimmed without a The following trees, regardless of size or
special permit issued by the planning location, and any other trees listed on
division. the Florida Exotic Pest Plant Council's
Supp. No. 150 912/19
§912.07 INDIAN RIVER COUNTY CODE
most current list of Invasive Species, trees, or to the critical root
shall not be considered to be protected zones of protected trees or speci-
trees: men trees.
Casuarina spp. -Australian pine C. The removal, pruning, trim-
ming or alteration of any tree,
Enterolobium cyclocarpum - Earpod not classified as protected or
Melia azedarach - Chinaberry specimen,or vegetation for the
purpose of maintaining exist-
Schinus terebinthifolius-Brazilian pepper ing access to a property.
tree 2. Routine landscape maintenance such
Melaleuca quinquenervia - Melaleuca, as trimming or pruning of protected
punk or paper tree trees, specimen trees, or other
vegetation,mowing of yards or lawns,
Cupania anacardioides - Carrotwood or undertaking any other landscap-
Citrus trees of all varieties shall not be ing or gardening activity which is
considered protected trees." commonly recognized as routine
maintenance or replacement. This
(d) Exemptions from county tree protection, exemption shall be construed to allow
tree removal, and land clearing regula- routine maintenance of dune vegeta-
tions include the following: tion growing seaward of the coastal
construction control line, provided
1. The removal, trimming, pruning or sufficient documentation evidenc-
alteration of any unprotected tree ing express permission for such activ-
or other vegetation as necessary for: ity from the Bureau of Beaches and
a. The clearing of a path not to Coastal Systems of the Florida
exceed four(4)feet in width to Department of Environmental
provide physical access of view Protection.
necessary to conduct a survey 3. The removal, trimming, pruning or
or site examination for the alteration of any tree or vegetation
preparation of subdivision plats, in an existing utility easement or
site plans, or tree surveys. right-of-way, provided such work is
Under this permit exemption, done by or under the control of the
no disturbance shall occur to operating utility company and said
protected trees or specimen company has received all necessary
trees, or to the critical root licenses or permits to provide utility
zones of protected trees or speci- service within the easement.
men trees.
4. The removal of any tree which has
b. The clearing of a path not to been destroyed or damaged beyond
exceed ten(10)feet in width to saving, or which constitutes an
provide vehicular access neces- immediate peril to life or property.
sary to conduct soil percolation
and/or soil bore tests on a 5• Tree removal,land-clearing,or grub-
bing of any vegetation, except
property, provided such clear-
mangrove or dune vegetation,within
ing or removal is conducted
under the direction of a Florida ten (10) feet of a house.
registered surveyor or engineer. 6. Land-clearing or grubbing of vegeta-
Under this permit exemption, tion,except for protected trees,speci-
no disturbance shall occur to men trees, mangroves, dune
protected trees or specimen vegetation,or any native vegetation
Supp. No. 150 912/20
SINGLE-FAMILY DEVELOPMENT §912.08
in a conservation easement, upon issuance of a certificate of occupancy for
any detached single-family the residence. This requirement of two
residential lot or parcel of land (2) canopy trees shall not apply to any
having an area of one (1.0) acre or single-family lot where an initial build-
less, provided this exemption shall ing permit application for home construc-
not be construed to allow land- tion was submitted prior to March 14,
clearing or grubbing without permit 2005(the effective date of this ordinance).
on any such lot or parcel by its Planted canopy trees shall be of a size,
subdivider unless the subdivider quality and type as specified in Section
intends in good faith to forthwith 926.06 of the County Landscape and
begin construction of a dwelling unit Buffer Ordinance. The owner of the lot
or units upon said lot. Advertise- shall be required to maintain the canopy
ment or listing for sale of the trees in viable condition. The following
particular lot or parcel without the trees are approved for use to meet the
dwelling unit shall create a presump- single-family lot canopy tree require-
tion that the subdivider does not ment of this section. Other canopy tree
intend to forthwith begin such species may be used subject to county
construction and that the intent is staff approval.
for the lot or parcel to be developed Live oak (Quercus virginiana)
by a subsequent purchaser.
Laurel oak (Quercus hemisphaerica)
7. Tree removal,except for mangroves, Diamond-leaf oak(Quercus laurifolia)
dune vegetation,or native trees in a
conservation easement, upon any Red maple (Acer rubrum)
detached single-family residential American holly(Ilex opaca)
lot or parcel of land having an area Southern magnolia (Magnolia grandi-
of one quarter(74)acre(ten thousand flora)
eight hundred ninety(10,890)square
feet) or less, provided this exemp- Sweet gum (Liquidambar styraciflua)
tion shall not be construed to allow Sycamore (Platanus occidentalis)
tree removal without permit on any Seagrape (Coccoloba uvifera)
such lot or parcel by its subdivider
unless the subdivider intends in Red mulberry (Morus rubra)
good faith to forthwith begin Slash pine (Pinus elliottii)
construction of a dwelling unit or (Ord. No. 90-16, § 1, 9-11-90; Ord. No. 91-48,
units upon said lot. Advertisement §§ 35, 37, 12-4-91; Ord. No. 92-11, §§ 4, 12,
or listing for sale of the particular 4-22-92; Ord. No. 92-39, § 15, 9-29-92; Ord. No.
lot or parcel without the dwelling 93-29,§ 11A,9-7-93;Ord. No. 95-10,§7,5-31-95;
unit shall create a presumption that Ord. No. 96-24, § 2, 12-17-96; Ord. No. 2000-
the subdivider does not intend to 006, § 2, 3-14-00; Ord. No. 2000-26, § 2B,
forthwith begin such construction 7-18-00; Ord. No. 2004-041, § 4, 12-7-04; Ord.
and that the intent is for the lot or No. 2012-016, § 15, 7-10-12; Ord. No. 2013-022,
parcel to be developed by a § 2, 12-10-13)
subsequent purchaser.
(e) Canopy tree landscape requirement. Two Section 912.08. Drainage; stormwatermanagement and flood
(2) canopy trees, as defined in Chapter protection.
901, shall be planted or preserved on
single-family lots in conjunction with lot Drainage and flood protection regulations are
development. Said trees are required to applied to the construction of single-family homes
be planted or preserved prior to county and duplexes on individual lots or parcels of
Supp. No. 150 912/21
§912.08 INDIAN RIVER COUNTY CODE
record. In many newer subdivisions complete The conceptual drainage plan shall depict on a
drainage systems have been constructed to address survey the existing and proposed stormwater
most, if not all, drainage concerns. Nonetheless, management system including swales,
lots must be filled and graded in such a manner approximate finished floor elevations of proposed
as to meet the county's stormwater management structures, finished floor elevations of existing
requirements(Chapter 930,Stormwater Manage- structures on adjacent property, physical loca-
ment and Flood Protection). The following storm- tion and centerline elevations of the roadway
water management and flood protection providing access to the site, transition grades to
regulations apply to single-family development. adjacent property, and off-site tributary drain-
age entering the property, and other pertinent
(1) All of Indian River County has been information as may be required by the public
surveyed for flooding and stormwater works director.
characteristics by the federal govern-
ment; all areas have been mapped and All conceptual drainage plans must be approved
assigned to various zones. Some areas by the public works director prior to the issuance
are located in flood zones. Flood zone of a building permit. The public works director
maps are maintained by the public works shall approve conceptual drainage plans and
department. approve revisions to such plans,if it is determined
that by constructing in accordance with the
(a) Prior to constructing a single-fam- plans:
ily home or duplex on a parcel located
in a "Flood Hazard Zone," a Type (1) Stormwater runoff shall be directed
"C"stormwater management permit through a proper system, including
must be obtained from the public driveway culverts conforming to the
works department. requirements of section 930.07(1)(i);
(b) Minimum finished floor elevations (2) Stormwater runoff shall not encroach
upon adjacent properties;
are required for all single-family
development. The minimum eleva- (3) Side slopes do not exceed a maximum
tion figure can be obtained along of four(4)feet horizontal to one foot
with the flood zone information by vertical; and
contacting the public works depart- (4) For sites that are not located in a
ment. flood hazard zone, as defined in
(c) In applying for a building permit to Chapter 930,the minimum finished
construct a new single-family home floor elevation shall be a minimum
or duplex, the following require- of eighteen (18) inches above the
ments must be addressed. crown of the adjacent road,unless it
can be shown that the natural
Each applicant for single-family home or duplex ground elevations provide for
building permit approval shall submit a conceptual adequate control of runoff. For
drainage plan, as part of his parcel survey,if the applications covering sites within a
building lot or parcel is not located in a subdivi- flood hazard zone, the conceptual
sion having a positive drainage system previ- drainage plan and proposed construc-
ously approved by the public works director. A tion shall meet the minimum floor
list of "previously approved" subdivisions shall elevations and applicable cut and
be on file at: fill balance requirements, if any,
found in Chapter 930, Stormwater
The Building Division; Management.
The Public Works Department: and No certificate of occupancy shall be issued
until a functional drainage system has been
The Planning Division. constructed that meets items (1), (2), (3), and(4)
Supp. No. 150 912/22
SINGLE-FAMILY DEVELOPMENT §912.09
listed above. The public works director may (3) Septic tanks and drainfields. On-site septic
require construction of retaining walls, roof gut- tanks and drainfields may be used where
ters piped to directly discharge into a swale or centralized sewer service is not available
other outfall,underdrains, or any other facilities or otherwise required if approved by the
deemed necessary to provide adequate drainage. environmental health department(Indian
(Ord. No. 90-16, § 1, 9-11-90; Ord. No. 91-48, River County Public Health Unit) upon
§ 36, 12-4-91; Ord. No. 2025-001, § 2, 1-14-25) issuance of a septic tank permit. Certain
Section 912.09. Water and wastewater; locational as well as soil condition
utilities, wells, and septic standards are applied to all septic tank
tanks. permits. Distances from adjacent water-
All single-family homes must be served by bodies, wells, and property boundaries,
potable water and provide for wastewater treat- as well as the size of the single-family
ment. These services include centralized water parcel affect if and where a septic tank
and sewer utilities, individual potable water and drainfield may be allowed. In most
wells, and individual septic tanks and drain- circumstances, parcels not near utilities
fields. The following regulations apply to these services are allowed to be developed with
services. septic tanks; however, the overall size of
(1) Utilities. Centralized water and sewer the residence may be limited by
service is available for some parcels and environmental health regulations if the
lots in the unincorporated county. Where residence is to be built on a parcel less
new homes are constructed on lots or that one-half(1/2) acre in size.
parcels that are within two hundred
(200) feet of a water and/or sewer line,
that home must be hooked-up to that (a) Septic tank and drainfield elevation
line(s). Specific regulations are contained requirements can have a significant
in Chapter 918, Sanitary Sewer and impact on the amount and type of
Potable Water. fill required for a parcel to be
(2) Potable water wells. On-site potable water developed. Elevation and fill require-
wells may be used where centralized ments for septic tanks and drain-
water service is not available or otherwise fields are determined by the
required if approved by the environmental environmental health department,
health department(Indian River County and can exceed the finished floor
Public Health Unit) upon issuance of a elevation requirements of the flood
well permit. Certain locational and water protection regulations.
quality standards are applied to all potable
well applications. Distances from adjacent (b) No septic tank or drainfield shall be
waterbodies, wells, and septic tanks and located in an easement or within
drainfields, as well as the size of the five (5) feet of a perimeter property
single-family parcel are factors that affect
if and where a well may be allowed. In boundary.
(Ord. No. 90-16, § 1, 9-11-90)
most circumstances,parcels not near utili-
ties services are allowed to be developed
with wells; however, the overall size of
the residence may be limited by
environmental health regulations if the
residence is to be built on a parcel less
that one-half(1/2) acre in size.
(a) Wells are accessory structures, and
may not be placed in any road right-
of-way.
Supp. No. 150 912/23
§912.10 INDIAN RIVER COUNTY CODE
Section 912.10. Construction;building [13.] Well and septic tank permit
permit review, approval, (non-county);
inspection. [14.] DNR construction seaward of
The building division reviews, approves, CCCL (non-county).
permits, and inspects regulated construction (2) No single-family building permit applica-
activities. tion will be accepted for review unless
either a concurrency certificate has been
(1) Construction activities for which applica- obtained or has been applied for.
tion approvals and/or permits are required
include the following: (3) Once all permits are issued or approvals
are given,construction may commence in
(a) Permits or approvals given over-the- conformance with the issued permit or
counter (while you wait) include: approved application. Inspections are
[1.] Driveway construction/ required and conducted as indicated by
uncovered slab permit; the building division on the permits,
[2.] Fence/wall permit; approved applications, and information
materials available at the building divi-
[3.] Accessory structures permit; sion office.
[4.] Demolition permit; (4) Minor improvements, such as fences,
[5.] Re-roofing permit; receive a final inspection which is the
[6.] Minor alteration permit; last approval given by the county which
allows full use of the improvement and
[7.] Construction and subcontrac- indicates that the improvement complies
for "trade" permits (electrical, with all applicable county standards.
plumbing, mechanical). Major improvements,such as the construc-
(b) Permits or approvals requiring more tion of a new home,requires the issuance
detailed review include: of a"certificate of occupancy"(C.O.)which
[1.] Concurrency certificate; is the last approval given by the county
which allows full use of the improve-
[2.] Construction of single-family ments and indicates that the improve-
home (including alterations/ ments comply with all applicable county
additions); requirements.
[3.] Tree removal and land clear- (a) Prior to the issuance of a C.O.,
ing permit; "temporary power" may be granted
[4.] Right-of-way permit; (e.g. to energize a house)to complete
construction or moving prior to actu-
[5.] Type "C" stormwater manage- ally occupying and using the
ment permit; structure. Temporary power is
[6.] Pond permit; granted only after execution of a
[7.] Mangrove alteration permit; building agreement and posting
security. The security is forfeited if
[8.] Temporary use permit; the agreement is broken by the
[9.] Home occupation permit,unless applicant.
exempt per Section 912.05; (Ord. No. 90-16,§ 1,9-11-90;Ord. No. 2021-010,
[10.] Release of easement; § 3, 8-17-21)
[11.] Covenant for removal of Section 912.11. Concurrency.
structure in easement;
(1) Intent. The intent of concurrency require-
[12.] Drainage district permit(non- ments is to ensure that public facilities and
county); services needed to support development are avail-
Supp. No. 150 912/24
SINGLE-FAMILY DEVELOPMENT §912.13
able concurrent with the impacts of such develop- between the time of previous payment and the
ment. The level and quality of the public facilities time of building permit application,the applicant
and services needed to support developments is must pay the increment prior to building permit
known as a "level of service." Level of service issuance. When impact fees are required, no
standards have been established for roads,potable building permit shall be issued until the fees are
water, sanitary sewer, solid waste, drainage and paid.
parks. A concurrency management system has
been established to ensure that no project,includ- (1) Impact fees are also required for expan-
ing the construction of a new single-family home, sions to existing homes when such expan-
will have an impact that degrades roads,potable sions cross either of the following size
water, sanitary sewer, solid waste, drainage or thresholds:
parks below the established acceptable level of
service. a from less than 1,500 sq. ft. under air
(2) Applicability. Concurrency approval, to 1,500 sq. ft. or greater, or
granted upon issuance of a concurrency certificate, a from 1,500-2,499 sq. ft. under air to
is required when a new single-family home is 2,500 sq. ft. or greater.
constructed. Credit can be given if the new home is
(a) A "final concurrency certificate" shall be replacing an old home located on the
obtained prior to issuance of a building same parcel. The fees are based upon fee
permit. schedules adopted by the board of county
(b) A separate application and review/ap- commissioners. Specific regulations for
proval process is established for concur- impact fees are contained in Chapter
rency certificates. 1000, Title X, Impact Fees.
(c) Due to the length of concurrency review, (2) Utilities capacity charges for water and
applicants for single-family home sewer service hook-up can apply to new
construction are urged to apply for a home construction or instances where an
concurrency certificate prior to applying existing home is being hooked into water
for a single-family building permit. and/or sewer services (voluntarily or
(d) Impact fees and applicable utility capac-
involuntarily).
ity charges shall be paid prior to the (Ord. No. 90-16,§ 1,9-11-90;Ord. No. 2007-001,
issuance of a concurrency certificate. § IV(2), 1-23-07, eff. 3-1-07)
(e) No single-family building permit applica-
tion will be accepted for review unless Section 912.13. Moving, razing and replac-
ing a structure.
either a concurrency certificate has been
obtained or applied for. County approval is required prior to moving
Specific regulations and procedures regarding or razing a single-family building or structure.
concurrency requirements are contained in Replacing a house while living in an existing
Chapter 910,Concurrency Management System. house, building a new house on the same parcel,
(Ord. No. 90-16, § 1,9-11-90;Ord. No. 2007-001, and then razing the old house, is allowed upon
§ IV(1), 1-23-07, eff. 3-1-07) county approval as provided for herein.
Section 912.12. Impact fees. (1) No building or structure larger than one
hundred fifty (150) square feet shall be
County impact fees and applicable utility capac- moved into the county or from one parcel
ity charges are required at the time of building to another within the county unless: the
permit issuance, unless such fees have been building or structure complies or is made
previously paid. If impact fees have increased to comply with all applicable building
Supp. No. 150 912/25
§912.13 INDIAN RIVER COUNTY CODE
codes, and a special application is made within forty-five (45) days of the
by the owner or his agent and is approved date of issuance of a C.O. for the
by the county. new house. The agreement and
(a) Special procedures and require- posted security shall be in a form
ments, which include the posting of deemed legally sufficient by the
a performance bond must be satis- county attorney's office.
fied. The procedures and require- (Ord. No. 90-16, § 1, 9-11-90)
ments can be found by obtaining a
copy of Chapter 955, Moving of Section 912.14. Fences and walls.
Structures. No walls or fences may be erected or replaced
(2) Razing a building or structure requires without first obtaining a permit issued by the
approval and the issuance of a demoli- building division.
tion permit by the building division. (1) Location. Walls and fences shall not be
(3) On any single-family parcel,a new house placed or replaced within road rights-of-
may be built to replace an existing(older) way or within a drainage or utility ease-
house on the same parcel while the exist- ment, except as provided below.
ing (older) house is being occupied upon (a) Subject to easements and height
satisfaction of the following condition: restrictions specified herein, walls
(a) As part of the building permit and/or fences may be located up to
application, the property owner or on a property line.
submits a notarized letter stating (b) Height of walls and fences. Height
that: of walls and fences shall be the
[1.] At no time will more than one vertical distance from the grade of
dwelling be occupied on the the lot at the wall or fence location
parcel; to the top of the wall or fence. If the
[2.] No certificate of occupancy wall or fence is to be located on a
(C.O.)will be requested for the berm or fill added above the finished
new house until a permit to lot grade, then the height of the
raze the older house is obtained berm or added fill shall be included
and an agreement is executed in the height of the wall or fence.
by the property owner, Walls or fences located outside of
guaranteed by posted security, required front, side, and rear yard
that the older house will be setback areas are subject to the
razed within forty-five(45)days building height regulation applicable
after the issuance of a C.O. for to the property on which the wall or
the new house. fence is located.
(b) No C.O. shall be issued for the new 1. Front yard. Walls and fences
house until a permit to raze the not exceeding forty-eight (48)
older house is obtained and an agree- inches in height may be erected
ment is executed by the property in the front yard of any lot.
owner,guaranteed by posted security, 2. Side yard. Walls and fences
in an amount equal to one hundred not exceeding six (6) feet in
fifteen (115) percent of the cost to height may be erected in the
raze the house and remove and side yard of any lot provided
dispose of all debris,committing the they do not extend into the
owner to having the older house required front yard setback
razed and all trash materials and area and are not erected within
debris removed from the parcel a drainage or utility easement
Supp. No. 150 912/26
SINGLE-FAMILY DEVELOPMENT §912.14
unless a covenant for removal located within the front
of the wall or fence has been yard setback area if the
approved by the county. wall or fence is placed
3. Rear yard. Walls and fences five (5) feet or more from
not exceeding six (6) feet in the front property line.
height may be erected in the The height of the wall or
rear yard of any lot within a fence may be increased to
zoning district, provided that six (6) feet if vegetation
no wall or fence shall be erected or a vegetated berm is
in a drainage or utility ease- preserved or installed
ment unless a covenant for between the wall or fence
removal of the wall or fence and the front property line
has been approved by the in a manner that visually
county. screens at least twenty
4. The following are exceptions to (20) percent of the total
the maximum wall and fence area of the wall or fence/
height requirements provided berm.
in subsections 1. through 3. d. A wall or fence up to eight
above that may be approved by (8)feet in height,or higher
the community development than eight (8) feet where
director or his designee upon a necessary to buffer noise
finding that the fence or wall from an arterial roadway
will be visually compatible with or other source of
the surrounding area(neighbor- significant noise, may be
hood). erected in a required side
a. A wall or fence up to six or rear yard setback area
(6) feet in height may be upon issuance of an
erected in the front yard administrative approval
setback area of a multi- and a determination by
frontage lot where the lot the community develop-
abuts a collector or arte- ment director or his
rial road classified on the designee that additional
county's thoroughfare plan wall or fence height is
map and the main access justified due to grade dif-
to the lot is not from the ferences of adjacent
collector or arterial road. residences or to provide
b. A wall or fence that adequate buffering
replaces a wall or fence between a residential and
previously approved by non-residential use or
the county, where the source of significant noise.
replacement wall or fence e. Gates,posts,columns,and
does not exceed the similar wall or fence
approved height of the appurtenances may
original wall or fence and exceed the maximum
meets conditions placed fence or wall height by up
on the original wall or to two (2) feet.
fence approval, if any. f. All fences in agricultural
C. A wall or fence up to five districts and temporary
(5) feet in height may be fences used at construc-
Supp. No. 150 912/27
§912.14 INDIAN RIVER COUNTY CODE
tion-sites for the purpose with the surrounding area. Within
of security shall be exempt residential zoning districts, barbed
from the height provi- wire fences may be allowed within
sions of this section, required front,side,and rear setback
provided corner visibility areas, subject to site plan approval,
is maintained. if the proposed barbed wire fence:
If mandatory approval by an 1. Is necessary to maintain an
architectural control or review board allowable agricultural use(e.g.
having authority in the neighbor- horse pasture); and
hood or subdivision is required for a 2. Abuts a residentially zoned
proposed wall or fence exceeding property that has a lot area of
the maximum height requirements at least forty thousand(40,000)
in subsections 1. through 3. above, square feet, or is physically
then the results of the architectural separated from abutting
review shall be submitted to the residentially zoned property by
community development depart- a ditch/canal,heavily vegetated
ment prior to approval or denial of area,wall,or similar structure.
the wall or fence, and any such (Ord. No. 90-16,§ 1,9-11-90;Ord. No. 2012-024,
architectural review results shall § 1, 7-10-12)
be given substantial weight in the
county's approval process. Section 912.15. Accessory uses and
In addition,the community develop- structures.
ment director or his designee is
authorized to attach conditions to (1) [Generally.] Specific requirements apply
approval of a height exception to to the following accessory uses as follows:
0
ensure compliance with these regula- (a) Guest cottages and servants quarters are
tions. allowed in the single-family zoning
(c) Prohibited walls and fences; districts as administrative permit uses
residential districts. No barbed wire, that can be approved at a staff level,
electrical element, or other hazard- subject to site plan review and meeting
ous materials shall be maintained chapter 971 specific land use criteria for
as a fence or part of a fence or wall guest cottages and servants quarters.
in a residential district, except as (2) Antennas.
provided for barbed wire fencing in
subsection (d), below. (a) Dish antenna location restrictions. To
(d) Barbed wire fences. Barbed wire reduce the negative aesthetic impacts of
fences are allowed anywhere on an dish antenna visibility from streets and
agriculturally zoned parcel and on surrounding properties, no dish antenna
lots within any non-agricultural exceeding one(1)meter in diameter shall
zoning district if the fence is located be located between any building and any
outside of the required front, side, front or side property line except on
and rear yard setback area of the corner lots which do not have a rear yard
lot. Within industrial or commercial in which case the dish may be placed in
zoning districts, barbed wire fences the side yard.
may be allowed within required (b) Screening dish antenna from residential
front, side, and rear yard setback districts. All dish antennas exceeding
areas, subject to site plan approval, one (1) meter in diameter located within
where needed for security and a residential district or which abut a
designed to be visually compatible residential district shall provide for
Supp. No. 150 912/28
SINGLE-FAMILY DEVELOPMENT §912.15
opaque screening approved by the com- cover no more than fifty(50)square
munity development director to reduce feet of facade area. No facade area
the negative aesthetic impacts of dish limitation shall apply where anten-
antenna visibility from streets and sur- nas are completely screened from
rounding properties. The screening view (from adjacent roads and
materials shall be located and of a qual- properties)by material(s) matching
ity(e.g. landscaping,panels that provide the building exterior.
screening but allow signals to be received
or transmitted)that shields the proposed (3) [Greenhouses.] Greenhouses (noncom-
antenna from view of persons standing mercial)are,by definition,strictly for the personal
at ground level on surrounding proper- enjoyment of the property owner. No special
ties and rights-of-way and allows for approval for a greenhouse is needed if it does not
signal reception. The location and exceed two hundred (200) square feet in area.
specification of all screening materials Only a building permit, issued by the building
shall be approved by the director of division, is required. All normal setbacks apply.
community development.
(a) Greenhouses (noncommercial) over two
(c) Antennas attached to existing structures. hundred (200) square feet in size are
Antennas attached to existing, legally allowed by administrative permit approval
constructed structures shall be treated which requires site plan review and
as a permitted use for a height of up to approval by the planning and zoning
one hundred ten (110) percent of the commission.
height of the existing structure to which
the antenna is being attached. 1. Special criteria, found in Chapter
(d) The following screening and design 971,Specific Land Use Criteria,mustbe satisfied by the site plan/
requirements shall apply to commercial administrative permit application.
antenna attachments: NOTE: in no case shall the area of
(1) Equipment buildings or shelters the noncommercial greenhouse
accessory to antenna facilities shall exceed five(5)percent of the area of
be limited to a height of fifteen (15) the site.
feet and shall, in developed areas,
have color and finish materials that (4) Communications towers. Additional
are compatible with the main build- amateur radio communications tower criteria
ing(s)on the same development site, are found in subsection 971.44(4).
and shall, in undeveloped areas,
have colors that match the natural (a) Amateur radio towers up to eighty (80)
surroundings. feet in height shall meet applicable zoning
district building setbacks. Guy anchor-
(2) Roof mounted antennas extending age shall be set back at least five(5)feet
vertically ten (10) feet above the from property lines.
building height shall be set back
from the building edge (facade) a (b) In residential zoning districts, towers
distance equal to the antenna height. must be accessory to an approved,
(3) Roof and building mounted anten- principal site use and shall meet standard
nas shall be located and/or screened building code requirements for structures.
so as to minimize the visual impact (c) Proposals for amateur radio towers which
from adjacent roads and properties. are eighty (80) feet or more in height
(4) Antennas mounts on building facades must be reviewed as a special exception
shall project out from the facade no use, as specified in Chapter 911 and
more than four (4) feet, and shall Chapter 971.
Supp. No. 150 912/29
§912.15 INDIAN RIVER COUNTY CODE
(d) Towers shall meet the airport zoning (b) No excavation takes place within
ordinance requirements (see section fifty (50) feet of the lot property
911.17). line. Notwithstanding, in cases
where the pond is necessary to meet
(e) Additional requirements relating to towers stormwater management cut and
may be found in Chapters 911, 917, and fill balance requirements, said
971. setback may be reduced to twenty-
(5) Beach access dune crossover structures. five (25) percent of parcel width
perpendicular to a given lot line, as
(a) DNR as well as county approval of such applicable;
structure is required.
(c) The excavation does not disturb any
(b) Such structures shall be wood-pile sup- existing wetland;
ported and elevated twenty-four (24) to
thirty(30)inches above dune vegetation. (d) Pond depth does not exceed twelve
(c) Such structures shall be limited to one (12) feet;
(1) per single-family parcel unless (e) Side slopes are not greater than one
otherwise approved pursuant to Chapter foot vertical to four (4) feet
932, Coastal Management. horizontal;
Further information and specifications are (f) There will be no hauling of excavated
contained in Chapter 932, Coastal Management. material from the property unless
(6) Tennis courts. Tennis courts shall not the excavation is conducted to satisfy
encroach into any required yards. They must cut and fill balance requirements
meet or exceed the minimum building setback for stormwater management
for the applicable zoning district, unless the purposes, as verified by the county
court is formally shared by owners of abutting engineer, provided removal of
properties in which case no setback is required. excavated material off-site is the
(Ord. No. 90-16, § 1, 9-11-90; Ord. No. 94-1, minimum necessary to satisfy said
§ 2L, 1-5-94; Ord. No. 97-16, § 2(1), (2), 5-6-97; requirements;
Ord. No. 2012-016, § 16, 7-10-12) (g) It is demonstrated that the pond
excavation is the minimum neces-
Section 912.16. Excavation, mining, and sary to satisfy the intended use of
ponds. fill on-site, as applicable; and
Ponds may be created on single-family parcels (h) A pond permit is obtained from
upon issuance of a pond permit from the county planning division, including
environmental planning section of the planning the posting of a two hundred fifty
division. dollar ($250.00) [to] five hundred
dollar($500.00)bond to be returned
(1) Pond and pond permit regulations are as upon verification by county staff
follows (restated from a subsection of that the above criteria have been
Chapter 934, Excavation and Mining). satisfied.
A pond or ponds are allowed on a single- (Ord. No. 90-16, § 1, 9-11-90)
family parcel provided that:
(a) The total surface area of the pond or Section 912.17. Parking and storage.
ponds (at design elevation) is not
greater than one-half (Y2) acre in As restated from the "general provisions"
size or thirty-five(35)percent of the subsection of Chapter 911, Zoning, the following
lot, whichever is more restrictive; regulations apply to parking commercial vehicles, 40
Supp. No. 150 912/30
SINGLE-FAMILY DEVELOPMENT §912.17
parking or storing vehicles and the storage of the resident of the premises,
boats and recreational vehicles, in residential limited to one(1)per premises
areas. and parked off-street in a
(1) Parking of commercial vehicles in garage, carport or driveway.Under this paragraph, one (1)
residential areas. tow truck or wrecker is allowed
(a) Restrictions on the parking of com- to be parked or stored at a
mercial vehicles in residential areas. residence.
No commercial vehicles, as defined 5. One (1) commercial vehicle
in County Code Section 901.03,shall shall be allowed per residential
be parked overnight nor for an premises within the A-1, A-2,
extended period(more than ten(10) and A-3 districts
hours in any calendar month) on
any residentially used lot, in the (2) Parking or storage of vehicles.
street abutting such lot, or on (a) Parking or storage of junk vehicles.
residentially zoned land, except: No junk vehicle shall be parked,
1. Within residential zoning and no motor vehicle frame,vehicle
districts, one (1) commercial body, or vehicle body part shall be
vehicle consisting of a pickup stored on residentially zoned or used
truck or van with a rack for property unless expressly permit-
transporting materials or ted by this chapter, except when
equipment and items other parked or stored in a completely
than the personal effects of enclosed garage or building. In any
private passengers,not exceed- agricultural district,one such vehicle
ing a length of twenty-three is permitted in the rear yard,
(23) feet, height of nine (9) completely screened from view of
feet, or gross vehicle weight of neighboring homes and properties.
fifteen thousand (15,000)
pounds, shall be allowed per (b) Parking or storage of automobiles.
residential premises. Except as provided in subsections
1-3. below,a maximum of three(3)
2. Commercial vehicles temporar- automobiles (not including
ily parked on a lot for the recreational vehicles)maybe parked
purpose of providing construc- outside of a carport or garage on a
tion, transportation, or other single-family zoned lot. However,
services specifically for the loca- one additional vehicle for each
tion where such vehicles are licensed driver permanently resid-
parked. ing at the premises may be parked
3. In no case shall a commercial on the lot. No automobile may be
vehicle which is used for haul- parked or stored in any required
ing explosives,gasoline or lique- yard area except in a designated
fied petroleum products be and improved or stabilized driveway.
permitted to be parked for an The limitations on the number of
extended period in a residential automobiles parked outside of a
area. carport and garage shall not preclude
4. "Class A" tow trucks or the parking of automobiles by
hydraulic wreckers, on an persons visiting a single-family
emergency towing service rota- home.
tion list with the local sheriffs 1. For a vacation rental that has
or police department, used by a carport or garage,the number
Supp. No. 150 912/31
§912.17 INDIAN RIVER COUNTY CODE
of automobiles that may be single-family or two-family lot in
parked outside of a carport or any residential zoning district shall
garage shall be limited to one meet the following standards:
(1)automobile per bedroom not
to exceed a total of five (5) 1. Ownership of recreational
automobiles parked outside the vehicles and boats; authorized
storage. Such storage shall be
carport or garage. Automobiles
parked outside of a carport or limited to vehicles owned by
garage shall be parked within the occupant(s)of the residence
a designated and improved or or the house guests of the
stabilized driveway and not occupant(s).
within any required yard area. 2. Limitation on number of
2. For a vacation rental that has recreational vehicles. No more
no carport or garage, the total than one recreational vehicle
number of automobiles parked per dwelling unit may be stored
shall be limited to two (2) in an unenclosed area upon
automobiles plus one (1) each site, except that one
automobile per bedroom not to additional recreational vehicle
exceed a total of five (5) per dwelling unit may be
automobiles parked on site. parked on the property for a
Automobiles parked outside of period not in excess of two (2)
a carport or garage shall be weeks in any one-year period.
parked within a designated and
improved or stabilized driveway 3. Limitation on number of boats.
and not within any required No more than one boat per
yard area. dwelling unit shall be stored in
3. For all vacation rentals, all an unenclosed area upon each
automobiles except for service site except that one additional
and delivery vehicles shall be boat per dwelling may be
parked on-site and shall not be parked on the property for a
parked within a road right-of- period not in excess of two (2)
way except within a designated weeks in any continuous time
and improved or stabilized period or six (6) weeks in any
driveway. one-year period.
(3) Unenclosed storage of recreational vehicles, 4. Location of unenclosed storage
trailers and boats. areas. Such storage shall not
be located in any required front
(a) [Generally.]Any recreational vehicle or side yard, or any easement;
not in normal daily usage for except that such vehicles may
transportation of the occupants of be stored on any designated
the residence shall be considered as driveway.
"stored"for purposes of this chapter.
(b) Unenclosed storage of trailers,camp- 5. Licensing. Recreational vehicles
and boat trailers shall have a
ers and boats; restrictions in valid motor vehicle license at
residential zoning districts. all times.
Recreational vehicles and boats may
be stored on any lot. However, any 6. Use limitations. Recreational
trailers,campers or boats which are vehicles and boats shall not be
stored in unenclosed areas on any used for office or commercial
Supp. No. 150 912/32
SINGLE-FAMILY DEVELOPMENT §912.18
purposes, nor for sleeping, (50) percent developed. Parcels
housekeeping or living quarters having agricultural zoning are
while so stored. exempt from this prohibition.
7. No public facilities hook-ups. Further information on this prohibi-
No service facilities, such as tion, including notice and enforce-
water, sanitary, or electrical ment and penalties, are contained
connections shall be attached; in Chapter 973, Public Nuisance.
except a temporary electrical (b) Junk and debris. No person shall
extension connected to the discard,place,abandon,accumulate,
vehicle for battery charging or or permit or cause to be discarded,
to facilitate repair is permit- placed, abandoned or accumulated
ted. any garbage, trash, junk, debris,
8. Limitation on overall size of wrecked or unserviceable vehicle or
recreational vehicles. Consistent the parts thereof on property in the
with the Chapter 901 defini- unincorporated areas of the county
unless such vehicles or parts are
tion of "Recreational vehicle," stored in an enclosed structure or at
the overall area of a an authorized junk or auto wreck-
recreational vehicle stored ing yard.
outside on a residentially zoned
lot shall not exceed four Further information on this prohibi-
hundred (400) square feet tion including notice and enforce-
(vehicle length multiplied by ment and penalties are contained in
width). Chapter 973, Public Nuisance.
(Ord. No. 90-16,§ 1,9-11-90;Ord. No. 96-6,§ 19, (2) Noise control.
2-27-96; Ord. No. 2008-021, § 3, 12-16-08; Ord. (a) The following are noise producing
No. 2013-005, § 2, 6-18-13; Ord. No. 2015-014,
§ 3, 10-13-15) activities that are prohibited:
[1.] Use of radios, television sets,
musical instruments, and
Section 912.18. Maintenance and public similar devices used between
nuisance and noise. 10:00 p.m. and 6:00 a.m. in a
The county has adopted regulations designed manner that creates a
disturbance;
to prevent or clean-up nuisances such as the
accumulation of garbage, trash, and high weeds [2.] Outside construction or repair
on parcels located in developed residential areas. work on buildings or structures
Also, the county restricts certain noise-making between 8:00 p.m. and 6:00
activities in and near residential areas. a.m.;
[3.] Use of internal combustion
(1) Nuisances. engines that have no mufflers
(a) Weed clearance. The accumulation or similar devices;
of weeds in excess of eighteen (18) [4.] Offensive or excessive animal
inches (maximum height) is noises (no prohibitions or
prohibited on any lot with a com- restrictions in agricultural
mercial or residential structure, or zoning districts);
on a vacant lot abutting such a lot [5.] Rebuilding, repairing, or test-
with said structure(s),within a plat- ing any motor vehicle between
ted, recorded subdivision where the 8:00 p.m. and 6:00 a.m. in a
platted lots area minimum of fifty manner that disturbs the peace;
Supp. No. 150 912/33
§912.18 INDIAN RIVER COUNTY CODE
[6.] Use of skateboard ramps or event at residence that is scheduled
similar devices used between to be performed prior to September
8:00 p.m. and 6:00 a.m. in a 30, 2016, holding the commercial
manner that disturbs the peace; event at residence shall not be a
[7.] Use of air-blow cleaners shall violation of this Code so long as the
used between 8:00 p.m. and contract documents are provided to
6:00 a.m. in a manner that the community development direc-
disturbs the peace; for by October 31, 2015.
[8.] Landscape maintenance (Ord. No. 90-16,§ 1,9-11-90;Ord. No. 2015-013,
performed between 8:00 p.m. § 1, 9-22-15)
and 6:00 a.m. in a manner
that disturbs the peace. Section 912.19. Nonconformities and
related restrictions.
Specific regulations and procedures are
contained in Chapter 974, Noise and A nonconformity is "a lot, structure, use of
Vibration Control. land, or any combination thereof, which was
lawful prior to the passage of present county
(3) Commercial event at residence.As defined land development regulations or any amend-
in Section 901.03, it shall be a violation ment thereto, but which would be prohibited or
of this Code for any owner to lease a further restricted under the terms of such regula-
single family residence as a location fora tions or any amendment thereto."
commercial event at residence to be held.
It shall be prima facie evidence of a (1) Generally, no nonconformity can be
violation of this Code for an owner or enlarged, increased or changed to a dif-
owner's agent to advertise or hold out the ferent nonconformity unless, as
property to be used as a location for a determined by the community develop-
commercial event at residence. ment director, the change results in a
(a) A commercial event at residence lessening of the degree of nonconformity.
held at a site that is: (2) Additions to site related nonconformities
1. Four (4) acres or greater in must comply with existing regulations.
area; and (3) Nonconforming structures may be
2. At a site that is zoned repaired and maintained as long as such
agricultural; or work does not expand the nonconformity
3. At a site used for agricultural and as long as such work does not exceed
purposes fifty (50) percent of the cost of the
must first apply for and receive a building's assessed value on the latest
temporary use permit as prescribed tax roll.
by IRC Code Chapter 972 prior to Further information on these types of
conducting the commercial event at restrictions, prohibitions, and regula-
residence. tions are contained in Chapter 904,Non-
(b) If the owner of the property is not conformities.
on the premises at the time of a (Ord. No. 90-16, § 1, 9-11-90)
commercial event at residence, it
shall be a rebuttable presumption Section 912.20. Summary table; permits
of a violation of this section. and approvals required.
(c) Notwithstanding the prohibition The following is a summary of county permits
contained in paragraph (3) above, issued and approvals given which are necessary
should this ordinance impair an for various types of single-family development
existing contract for a commercial activities described or referenced in this chapter.
Supp. No. 150 912/34
SINGLE-FAMILY DEVELOPMENT §912.20
this is intended to be a reference tool for real [5.] Water and sewer connection/
estate and design professionals,contractors, and well and septic tank [912.091.
property owners. [6.] Impact fees [912.161.
TABLE: DETERMINATIONS, PERMITS AND [7.] Excavation and ponds [912.161.
APPROVALS REQUIRED BY TYPE OF
DEVELOPMENT ACTIVITY (f) Concurrency certificate (planning):
LEGEND: See 912.11—[L].
H = Higher degree of application preparation (g) Right-of-way permit (engineering):
See 912.07(4}—[M],
involved and higher degree of review and
approval time required. If.
M = Medium degree of application prepara- Accessing county road (county
engineering); or
tion, review and approval time required.
L = Low degree of application preparation, Accessing state road (state D.O.T.).
review and approval time required. (h) Drainage District Permit(Drainage
(Planning) = Division of the county issuing District)—[M],
information, the permit, or granting approval If proposing to culvert over a ditch
or canal under the control of a
(1) Construction of single-family home: drainage district (e.g. Indian River
(a) Verify that parcel is "buildable" Farms Water Control District)
(planning), if parcel is not within a (2) Fence/wall permit(building):See 912.14—
platted subdivision: See section [L].
912.06.
(b) Verify all setbacks and platted ease- (3) Accessory structures(tie-down or anchor-
ing)permit(examples:utility sheds,satel-
ments (planning): See section lite dishes) (building): See 912.15—[L].
912.07(1) and (2).
(c) Verify right-of-way deficiencies (4) Type"C"stormwater management permit
(public works), especially if parcel (engineering) (construction in floodplain
abuts a major roadway: See section only): See 912.08—[H].
912.07(3). (5) Well and septic tank permits
(d) Tree removal and landclearing (environmental health): See 912.09—
permit (planning), [M].
If. (6) Alterations/additions: building permit
Parcel is greater than one acre; or (building): See 912.10—[M].
"Dune" vegetation seaward of the (7) Demolition permit: (building): See
1987 CCCL is to be removed; 912.10—[L].
See section 912.07(6)—[M]. Note:Environmental health"rat"inspec-
(e) Building permit (building): See sec- tion required.
tion 912.10—[H]. (8) Pond permit: (planning): See 912.16—
Considerations: [M]
[1.] Effect of easements [912.07(2)]. (9) Mangrove alteration permit: (planning):
[2.] Access and driveways See 912.07(6)—[L].
[912.07(4)]. (10) Temporary use permit (planning): See
[3.] Wetlands [912.07(5)]. 912.05—[M].
[4.] Drainage and stormwater (11) Home occupation permit: (planning): See
management [912.081. 912.05—[M].
Supp. No. 150 912/35
§912.20 INDIAN RIVER COUNTY CODE
(12) Driveway construction/uncovered slab
permit; (building): See 912.07(4)—[L].
(13) Re-roofing permit: (building)—[L].
(14) Contractor/subcontractor"trade"permits
(electrical,plumbing,mechanical):(build-
ing)—[L].
(15) DNR construction seaward of CCCL
permit: (D.N.R.; state): See 912.07(1)—
[H].
(16) Release(abandonment)of easement(plan-
ning): See 912.07(2)—[H].
Note: Must be approved by the board of
county commissioners
(17) Covenant for removal of structure in
easement (planning): See 912.07(2)—
[M].
(Ord. No. 90-16,§ 1,9-11-90;Ord. No. 91-7,§ 19,
2-27-91)
Supp. No. 150 912/36
SITE PLAN REVIEW AND APPROVAL PROCEDURES §914.06
CHAPTER 914. SITE PLAN REVIEW AND (b) All developments proposing a
APPROVAL PROCEDURES "change of use."
Sec. 914.01. Title. (c) All uses requiring an administra-
Sec. 914.02. Purpose and intent. tive permit.
Sec. 914.0 . Definitions.
Sec. 914.04. Applicability.
(d) All uses requiring special exception
Sec. 914.05. Technical review committee; duties and approval.
responsibilities. (e) Planned developments (P.D.), as
Sec. 914.06. General thresholds and procedures for site specified in Chapter 915.
plan review and approval.
Sec. 914.07. Administrative approvals and modifications (Ord. No. 90-16, § 1,9-11-90;Ord. No. 2025-001,
to approved site plans. § 3, 1-14-25)
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.
Sec. 914.11. Timing of issuance of building permits. tee;duties and
Sec. 914.12. Inspection and certification. responsibilities.
Sec. 914.13. Appeals of decisions regarding site plans.
Sec. 914.14. Site plan submittal requirements. (1) Refer to Chapter 902 for the establish-
Sec. 914.15. Review standards and requirements. merit, duties, and responsibilities of the techni-
cal review committee (hereafter referred to as
Section 914.01. Title. TRC).
This chapter, the terms and provisions (Ord. No. 90-16, § 1, 9-11-90)
contained herein, shall be known as the "Site
Plan Ordinance"of Indian River County,Florida. Section 914.06. General thresholds and
(Ord. No. 90-16, § 1, 9-11-90) procedures for site plan
Section 914.02. Purpose and intent. review and approval.
The purpose of this section is to establish (1) Site plan thresholds.
uniform requirements and procedures for review- (a) Major site plans. The following
ing applications for site plan approval. It is projects shall constitute major site
further the intent of this section to establish plan projects and shall require,
procedures and standards to implement the goals except as noted in paragraph 4 below,
and policies of the Indian River County major site plan approval.
Comprehensive Plan, and to ensure compliance 1. Residential projects having
with the intent, standards, and procedures of all three(3)or more dwelling units.
applicable land development regulations. 2. Nonresidential projects
(Ord. No. 90-16, § 1, 9-11-90) comprised of five thousand
Section 914.03. Definitions. (5,000) square feet or more or
All terms used in this chapter are defined in new impervious surface area,
Chapter 901 of this code. or projects comprised of new
(Ord. No. 90-16, § 1, 9-11-90) impervious surface area
representing more than ten(10)
Section 914.04. Applicability. percent of the site/area of
(1) All site plan applications shall be reviewed development,whichever is less.
pursuant to the procedures set forth in 3. Where three(3)or more minor
this chapter. Site plans shall be required site plan requests or six (6) or
for each of the following: more administrative approval
(a) All permitted uses except single- requests for a single project
family residences, duplexes on area/site have been submitted
individual lots or parcels of record, and approved over any five-
and permitted agricultural uses. year period of time; where
Supp. No. 150 914/1
§914.06 INDIAN RIVER COUNTY CODE
potential cumulative impacts (c) Administrative approvals. The following
exceed the criteria of a major projects shall constitute administrative
site plan application or together approval site plan projects and shall
may create a substantial require administrative approval.
impact,the director of the com- 1. A modification or alteration to any
munity development depart- project covered in section 914.04 of
ment may require any this chapter, consisting of less than
subsequent minor site plan or one thousand five hundred (1,500)
administrative approval square feet of new impervious surface
application to be reviewed area which does not require major
pursuant to the criteria of a or minor site plan approval.
major site plan.
2. Improvements or activities which
4. The following major site plan are required to obtain administra-
projects shall require the same tive approval pursuant to require-
approval process required of ments specified in other chapters of
minor site plan projects: this code.
a. Residential projects that
constitute a permitted use (2) Formal pre-application conference required.
and that propose less than For site plans over twenty (20) residential units
twenty-five (25) or over forty thousand (40,000) square feet of
residential units. new impervious surface a formal pre-application
b. Nonresidential projects conference is required.
involving less than one (a) [Generally.] Applicants are required to
hundred fifty thousand participate in a pre-application confer-
(150,000) square feet of ence with appropriate county staff prior
new impervious surface to submission of a site plan application.
area, regardless of new All pre-application conference materials
building area amount. are to be submitted by the applicant to
C. Solar facilities located in the planning division at least seven (7)
the A-1, A-2, and/or A-3 working days prior to any scheduled
zoning districts regard- pre-application conference.
less of new impervious
area. (b) [Purpose.] The purpose of the formal
pre-application conference is to provide
(b) Minor site plans. The following the applicant with the opportunity to
projects shall constitute minor site explain the proposed development
plan projects and shall require minor concepts to the staff, and for the staff to
site plan approval. examine the policies, ordinances,
1. Nonresidential projects standards, opportunities and constraints
comprised of less than five which may be applicable to the site and
thousand(5,000)square feet of type of proposed development before the
new impervious surface area. applicant has invested substantial design
time or become committed to particular
2. Nonresidential projects adding design solutions. The pre-application
or replacing two thousand conference is for informational purposes
(2,000) square feet or more of only and does not confer any approval or
building gross floor area that waive any requirements that may be
do not constitute a major site applied to any subsequent formal applica-
plan. tions.
Supp. No. 150 914/2
SITE PLAN REVIEW AND APPROVAL PROCEDURES §914.06
(c) Scheduling.Arrangements for this formal h. conceptual stormwater manage-
conference are to be made through the ment systems;
community development department office i. All fire lanes an emerencd
by submitting the required application g y
and drawings at least seven (7) working access ways;
days in advance of the conference date. A j. Location of existing and
filing fee, as established in a resolution proposed fire hydrant(s)within
adopted by the board of county commis- five hundred (500) feet.
sioners,is required at the time of submit-
tal. k. Provisions for fire protection
1. The planning division shall review water supply.
all submitted formal pre-applica- 3. Written data including:
tion conference materials to ensure
completeness before distribution to a. parcel size and proposed
reviewing departments and agen- uses(s);
cies. Incomplete submittals shall b. proposed number of dwelling
not be routed. The planning divi- units and density(if applicable);
sion shall contact the applicant
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:
1. A complete application; e. zoning, land use designation,
and existing use(s) of the
2. Ten (10)plan sets (twenty-four (24) subject site and adjacent
inches by thirty-six (36) inches)
properties;
depicting:
a. Proposed buildings and f. demonstration that any and
structures; all applicable specific land use
b. Proposed parking areas, criteria can be satisfied by the
vehicular and pedestrian
proposed project.
circulation systems; g. name, address and telephone
C. Location map; number of the applicant,
d. All driveways and roadways surveyor and engineer and a
near the site; list of all the owners of the
property (must be on the
e. Open space and all required application and the drawings);
buffer areas,and native vegeta-
tion preservation areas;
f. Right-of--way and traffic (3) Formal pre-application conference optional.
For all site plan applications not requiring a
improvements, existing condi- formal pre-application conference prior to applica-
tions and proposed improve- tion submission pursuant to section 914.06, a
ments; formal pre-application conference is recom-
g. Drainage features, mended by staff but is solely an option available
environmentally sensitive areas to an applicant. Applicants should confer with
and environmentally significant planning staff to discuss any applicable site plan
areas; requirements.
Supp. No. 150 914/3
§914.06 INDIAN RIVER COUNTY CODE
(4) Submission of formal site plan application (5) Departmental review of site plan applica-
and fees. tions.
(a) Application submittals. All applications (a) Coordinating division. The planning divi-
for major site plans,minor site plans and sion shall be responsible for the coordina-
administrative approvals shall include: tion of all site plan reviews. Applicants
1. All required fees as established by shall submit all applications and materi-
the board of county commissioners; als to the planning division.
2. All other necessary county permit (b) Completeness review:
applications and information (such
as right-of--way, land clearing, tree 1. The planning division shall review
removal, stormwater, traffic impact all applications to ensure complete-
ness before distribution to review-
statement or study); ing departments and agencies. Only
3. A deed for the subject property; complete applications will be
4. Authorization from the owner for distributed to the reviewing depart-
the applicant/agent if different from ments and agencies. Failure to
the owner; and submit required application mate-
5. A concurrency certificate or evidence rial will result in the application
of application for a certificate, a material not being distributed; the
determination by staff that the application will be deemed
project does not require a concur- incomplete. Planning staff shall
rency certificate,or an acknowledge- notify the applicant within three(3)
ment that the applicant will apply working days of submittal if the
for a concurrency certificate. The application is incomplete and will
acknowledgement shall be in writ- route the proposed site plan within
ing on a form provided by Indian three (3) working days of a
River County. determination of application
completeness.
(b) Form. All application packages shall be
submitted in a form and in a complete 2. Applicants shall have thirty (30)
manner as specified by the planning days from the notice of an incomplete
division on the site plan application form. application to complete the applica-
tion; failure of the applicant to
(c) Application expiration. All applications complete the application within the
shall expire and become null and void if thirty(30) day period shall void the
approval is not obtained within twelve application request.
(12) months from the date a complete
application is received by the planning 3. Once the application is deemed to
division. be complete, it will be distributed
(d) Application extensions. Upon finding of by the planning division for
departmental review, and
good cause, the community development
director may ant one extension for consideration at the appropriate TRC
3' meeting.
period of one year. No further site plan
application extensions may be granted. (c) Application distribution for review. For
If denied, all appeals of such decisions complete applications, the planning divi-
shall be heard by the planning and zoning sion shall distribute all appropriate
commission. All appeals must be filed application material(s) to the appropri-
within ten (10) days of notification of ate TRC members,all appropriate county
denial. Appeal procedures shall be as departments, and other state, regional
specified in Chapter 902. and local review agencies.
Supp. No. 150 91414
SITE PLAN REVIEW AND APPROVAL PROCEDURES §914.06
(d) TRC review and comments. Each TRC can be located. Once all comments have
member shall review the application and been adequately addressed, all technical
submit written comments to the plan- and informational requirements met,and
ning division within eighteen (18) days the commenting members of the TRC
after the routing of the site plan applica- have recommended approval or approval
tion materials and prior to the TRC with conditions on the application, the
meeting date at which the application is application shall be approved by the
scheduled to be considered. community development director or his
designee if staff-level approval, or
Prior to each TRC meeting, the planning scheduled for consideration before the
division shall conduct an inter- planning and zoning commission if not
departmental staff coordination meeting staff level approval.
to coordinate draft comments and transmit 1. An applicant may request, at any
post-coordination meeting draft com- time in the review process, that the
ments to the applicant by email or similar application be forwarded to the plan-
medium prior to the TRC meeting. The ning and zoning commission for
technical review committee shall consider consideration. Said request shall be
each application,shall complete a techni-
cal evaluation of the site plan applica- submitted to the planning division
in writing and shall acknowledge
tion, shall identify any deficiencies or
that, in staffs opinion, the applica-
discrepancies,and for each comment shall
tion is not ready for consideration
either indicate that the comment involves due to a lack of adequate responses
a code, safety, or engineering require- to staff and/or reviewing agency com-
ment or that the comment is advisory. ments.
Comments shall consist of the draft com-
' ments and items discussed at the TRC (� Approval of minor site plans. The TRC is
meeting. Complete and final comments authorized to approve,approve with condi-
on all applications considered at the TRC tions or deny minor site plan applica-
tions not requiring planning and zoning
meeting shall be assembled and forwarded commission approval. Within seven (7)
to the applicant within four (4) working
days. At the discretion of the technical working days after the applicant submits
review committee, applications with to staff a complete response to TRC
substantial deficiencies may, upon post- comments(also known as a resubmittal),
TRC re-submittal, be scheduled for re- the county shall either issue site plan
review at another technical review approval or a comment letter. Once all
committee meeting. commenting TRC members have reviewed
and approved the applicant's responses
(e) Resubmission, staff-level approval, and to comments,the minor site plan shall be
scheduling major site plans for planning signed and approved. All approved minor
and zoning commission consideration. The site plans shall be signed by the com-
applicant's response to the TRC com- munity development director or his
ments shall consist of five (5) revised designee.
plan sets, a traffic study if required by (g) For all site plan applications that are not
Chapter 952 regulations, a concurrency associated with a request involving a
certificate or evidence of application for a public hearing but are required to be
concurrency certificate if required by reviewed by the Planning and Zoning
Chapter 910 regulations, and an item- Commission, the applicant shall submit
ized letter that recites each staff com- the following along with his response to
ment, details how each comment has TRC comments and revised site plans:
been adequately addressed, and states A separate document that verifies the
where any corresponding plan revision duration of the required sign posting and
Supp. No. 150 914/5
§ 914.06 INDIAN RIVER COUNTY CODE
summarizes all contacts with the public. provide a mechanism for minor alterations to the
The summary shall, at a minimum, condition of a site or structure or the establish-
describe the nature of contacts (e.g. from ment of minor facilities and structures.
nearby resident, by phone), the types of
comments received, and changes to the (a) Threshold. Administrative approval is
project proposal (if any) based on com- required for additions,removals or altera-
ments received. tions, or the establishment of a new
facility or structure to a project site,
(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-
tions for the respective zoning district, the site (c) Conceptual administrative approvals may
review standards established herein and all be obtained in order to satisfy the
other applicable land development regulations, conceptual site plan approval require-
and comprehensive plan policies. The planning ments for affordable housing grant
and zoning commission may impose conditions applicants seeking funding assistance.
on-site plan approval which ensure compliance Conceptual administrative approvals shall
with all applicable land development regulations be initially reviewed at a formal pre-
and comprehensive plan policies. application conference, if required, per
Section 914.06(2), and then shall follow
(a) All site plan application decisions of the the administrative approval review
planning and zoning commission for uses procedures of Section 914.07(2).
not requiring special exception approval
are final unless appealed in accordance (2) Review procedures. All administrative
with the provisions of section 914.13 and approval applications and materials shall be
902.07. submitted to the planning division. The plan-
(Ord. No. 90-16,§ 1,9-11-90;Ord. No. 91-23 §8, ning division shall ensure that the applications
5-15-91; Ord. No. 91-48, § 42, 12-4-91; Ord. No. are complete and that complete application materi-
93-29, § 7, 9-7-93; Ord. No. 94-25, § 10, 8-31-94; als are routed to the appropriate reviewing
Ord. No. 95-10, § 5, 5-31-95;Ord. No. 2000-015, departments and agencies.
§§ 5, 7, 5-9-00;Ord. No. 2001-016, § 11, 6-19-01; (a) All administrative approval applications
Ord. No. 2001-032, §§ 1, 2, 10-23-01; Ord. No. and materials shall be submitted in a
2002-004, § 2, 2-12-02; Ord. No. 2006-012, § 5, form and quantity as specified by the
4-11-06;Ord. No. 2018-004,§§ 1,2,3-13-18;Ord. planning division on the application form.
No. 2023-016, § 1, 10-31-23; Ord. No. 2025-001,
§ 4, 1-14-25) (b) Administrative approval applications and
materials shall demonstrate that all the
Section 914.07. Administrative approvals existing land development regulations
and modifications to are satisfied as applied to the proposed
approved site plans. area of development.
(1) [Generally.]Administrative approvals apply (c) The current development section chief
to all uses which require site plan approval will assign the application to a staff
under section 914.04 of this chapter. The intent planner for review within one day of
of the Administrative Approval process is to submission.
Supp. No. 150 914/6
SITE PLAN REVIEW AND APPROVAL PROCEDURES § 914.08
(d) The reviewing planner shall review the ment director to be minor modifications
application for completeness and contact shall be reviewed and approved in the
the applicant if more information is same manner as the original plan.
needed. (d) Appeals. Decisions of the community
(e) The reviewing planner will obtain com- development director shall be as provided
ments from all applicable TRC members. for in Chapter 902.
The reviewing planner shall forward com- (Ord. No. 90-16,§ 1,9-11-90;Ord. No. 2018-020,
ments, if any from the reviewing depart- § 1, 9-18-18)
ments and agencies to the applicant.
Section 914.08. Time limitations on-site
(f) Once the applicant has responded to plan approval.
reviewing department and agency com- (1) Commencement of construction.
ments, if any, and all applicable review-
ing departments and agencies have (a) All site plan approvals shall terminate
approved the application,the application and become null and void automatically
shall be presented to the community without notice if construction has not
development director for approval, commenced within twenty-four (24)
approval with conditions or denial. months from the date of approval.
(g) Decisions of the community director may (b) For the purposes of this paragraph,
be appealed in accordance with the provi- construction will have commenced when
the developer has built a portion of a
sions of Chapter 902. structure shown on the plan (e.g. the
(3) Amendments to approved site plans. pouring of footers), or has made
substantial improvements to the site,
(a) Scope of authority of community develop- other than land clearing, or filling or
ment director. The community develop- grading,in accordance with the approved
ment director is authorized to approve, site plan,evidencing a good faith effort to
approve with conditions, or deny diligently pursue construction to comple-
administrative approval applications. tion in accordance with completion dates
(b) Limits of authority of community develop-
noted on the approved plans.
ment director. The community develop- (2) Extensions of site plan approval. Site plan
ment director is not authorized to approve approval may be extended one-time only for good
any modification(s) to approved plans cause. Site plan approvals that were granted by
which would: the planning and zoning commission may be
extended by the board of county commissioners
1. Increase the square footage of build- for a period not to exceed twelve (12) months.
ings, structures or increase a site's Site plan approvals that were granted at staff
impervious area above administra- level may be extended by staff for a period not to
tive approval thresholds; exceed twelve (12) months. All requests for
2. Increase the number of dwelling extensions must be in writing, and must be
units; or received by the planning division prior to expira-
tion of the site plan approval that is the subject
3. Grant any approval that would of the extension request.
constitute a variance from the (a) During review of an extension request,
requirements of this ordinance. the county shall consider the following:
(c) Classifying amendment requests; minor 1. The effect any delay in proposed
and major. Any amendments to approved project construction and completion
site plans where such amendments are will have on the concurrency
not deemed by the community develop- management system.
Supp. No. 150 914/7
§914.08 INDIAN RIVER COUNTY CODE
2. The impacts of having any new and of notice unless the inactivity is attribut-
existing regulations applied to the able to the deliberate and scheduled phas-
project, and whether or not the ing of a multi-phase project which has
project will comply with regulations been approved as such by the county.
in effect at the time the extension
request was filed. (c) Upon determination by the community
development director to pursue termina-
(b) The county may attach conditions to a tion, the county building division shall
site plan extension approval that furthers issue a stop work order for the project.
the intent and purpose or satisfies the Said order shall be effective until
requirements of any comprehensive plan determination by the board of county
policies or land development regulations commissioners. This subsection shall not
in effect at the time the extension request operate to invalidate any site plan prior
was filed. to the end of the initial twelve-month
(c) No extensions may be granted unless the period or any authorized extension thereof.
county determines that an extension satis- (d) The board of county commissioners shall
fies the applicable requirements of the consider the time elapsed since the last
concurrency regulations of Chapter 910. sigificant construction,any evidence from
(3) Abandonment of construction. the developer which indicates a good
faith effort to diligently pursue construc-
(a) In cases where construction has com- tion to completion, and the impact of
menced according to paragraph permitting the project as approved as
914.08(1)(b)of this chapter and has been compared to the project if approved under
subsequently abandoned, the site plan a new application in conformance with
approval shall terminate and become then-existing land development regula-
null and void if, after notice to the tions and comprehensive plan policies.
applicant or successors in title(of record)
(e) If the project's approval is terminated,
and hearing by the board of county com-
the board of county commissioners may
missioners,the board moves to terminate
the approval. In lieu of approval termina- require the removal of construction work
tion, the board at its discretion may (earth work or structures) which may
move to validate the approval with condi- pose a threat to the public health, safety
tions that will ensure compliance with or welfare, or may otherwise conflict
any and all then-existing land develop- with land development regulations or
ment regulations'and comprehensive plan comprehensive plan policies.
policies. M If the project's approval is not terminated,
(b) For the purposes of this paragraph, the project may proceed under time-
construction shall be considered frames set by the board for the comple-
abandoned or suspended if at the hear- tion of the project.
ing it is shown that an active building (Ord. No. 90-16, § 1,9-11-90;Ord. No. 2009-002,
permit has not been maintained for the § 3, 2-17-09; Ord. No. 2012-018, § 7, 7-10-12)
construction of a structure in accordance
with the completion dates noted on the Section 914.09. Transfer of site plan
approved plan or it is shown to the approval.
satisfaction of the board of county com-
missioners that construction at a level (1) Approval runs with the land.
indicating a good faith effort to proceed (a) A site plan approval shall run with the
with completion of the project has not land and shall transfer to a successor in
occurred for a continuous period of six(6) interest from the original applicant upon
months immediately preceding the receipt written disclosure of such transfer to the
Supp. No. 150 914/8
SITE PLAN REVIEW AND APPROVAL PROCEDURES §914.10
planning division as to the identity of the Section 914.10. Timing of release of
successor. The disclosure shall provide approved site plans.
the full legal name of the person or
business entity acquiring the interest in (1) Issuance of necessary permits.
the property, the nature of the interest, (a) It may be necessary for some projects to
the address of the principal place of seek permits from governmental agen-
business of the successor, telephone cies other than the county. In such cases,
number, name and address of registered approved site plans for these projects
agent; if the successor is a corporation. shall not be released until the applicant
In addition, the following information submits proof of approval or certification
shall be provided: name, address and of compliance from those agencies to the
title of officers or agents authorized to planning division when applicable to the
transact business with the County, project.
together with proof of authorization if
other than president or vice-president or (b) The building division shall not issue a
general partner,and the name and address building permit until the applicant has
obtained site plan release. The planning
of any new design professional for the
project. division shall release approved site plan
sets to the applicant when the applicant
(b) A transferee developer must also assume demonstrates that all conditions of site
in writing on a form acceptable to the plan release are met and when a site
county attorney all commitments, plan release form has been completed
responsibilities, and obligations of the and signed.
prior developer, including all conditions (c) It is the responsibility of the applicant to
of site plan approval and all the obliga- list on the plan all permitting agencies
tions, conditions and requirements of all which have jurisdiction within the project
applicable development permits (includ- and the type of permit required.
ing permits from other jurisdictional agen-
cies). (d) Agencies from which permits may be
required include, but are not limited to,
(2) Disclosure of required information. Failure the following:
to make the required disclosure and assumption 1. Florida Department of
shall suspend all site plan and zoning approvals Environmental Regulation;
until such time as proper disclosure and assump-
tion is made. 2. Florida Department of Transporta-
tion;
(3) Time limits. Transfer of site plan approval 3. U. S. Army Corps of Engineers;
shall not toll or modify the calculation of time 4. St. John's River Water Manage-
limits set forth with respect to commencement or ment District;
abandonment of construction; following any
transfer,such time limits shall be calculated as if 5. Florida Health and Rehabilitation
the transfer had not occurred. Services;
(4) Transferability exceptions. This provision 6. Indian River Farms Water Control
does not relate to any transfer of space, units,
District;
buildings,or property to a transferee who intends 7. St. John's Drainage Water Control
to occupy the property only after issuance of a District;
certificate of occupancy, unless the transferee is 8. Fellsmere Water Control District;
the successor developer, nor to the creation or
transfer of a nonpossessory lien or encumbrance. 9. Sebastian River Drainage District;
(Ord. No. 90-16, § 1, 9-11-90) 10. Other municipalities;
Supp. No. 150 914/9
§914.10 INDIAN RIVER COUNTY CODE
11. All applicable Indian River County provisions of Chapter 902. No building permit
agencies; shall be issued, or in cases of after-the-fact
12. Florida Department of Natural approval no final inspection shall be performed,
Resources; until all decisions regarding the appeal have
been finalized.
13. United States Coast Guard; (Ord. No. 90-16, § 1, 9-11-90)
14. Federal Aviation Authority.
Section 914.12. Inspection and certifica-
(e) Payment of required county fees. Evidence tion.
that the applicant has paid all county
fees payable prior to site plan release, (1) Site inspections. Upon approval of a site
including utilities impact fees and applica- plan and prior to site plan release,the applicant
tion fees, must be submitted to the plan- shall notify the Indian River County planning
ning division prior to the release of site division in writing of the intent to begin construc-
plan tion and shall submit a proposed construction
schedule. Said schedule dates shall not exceed
(f) Dedication of right-of-way. All approved those noted on the approved plans without
site plans which require lands to be approval of the community development direc-
dedicated for road right-of-way will be tor. The division may conduct periodic inspec-
released by the planning division only tions to ensure that the project is completed in
after the deed(s)for the right-of-way has accordance with the approved site plan.
been properly executed and accepted by
the Indian River County attorney's office (2) Minor variations. Minor variations in the
for recording. In cases where a dedica- approved site plan area may be permitted upon
tion requirement is contested by litiga- approval by the community development direc-
tion, the deed may be escrowed pending for of an administrative approval. Said approval
the outcome of the litigation,and the site shall be in writing and shall be affixed to the site
plan may be released. plan. Cease and desist orders may be issued by
the community development director or his
(g) Granting of easements and other required designee when violations are discovered. All
legal documents. All approved site plans work not in conformity with the approved site
which require an easement(s) to be plan shall cease until approval is given by the
granted or other document(s) (such as appropriate approving body or entity.
unity of title form) to be executed shall
be released by the planning division only (3) Final certification.
after the required document(s)have been (a) The applicant's site plan professional
executed and are in recordable form as (architect or engineer) of record shall
determined by the county attorney's office. notify the planning division when the
(Ord. No. 90-16, § 1, 9-11-90) project is completed and shall so certify
in writing under seal that the project has
Section 914.11. Timing of issuance of been completed and is substantially in
building permits. conformance with the approved site plan
No site plan shall be released and no building and all county and jurisdictional agen-
permit shall be issued by the county until the cies' permits and conditions attached
deadline has passed for appeals to either the thereto.
planning and zoning commission or the board of (b) In cases where an architect's or engineer's
county commissioners regarding site plan deci- services are not required, the applicant
sions as applicable, as provided for in section shall notify the community development
914.13. If an appeal is so filed, no site plan shall director when the project is complete and
be released until after a final decision of such shall so certify in writing that it conforms
appeal has been made in accordance with the to the approved site plan, that all condi-
Supp. No. 150 914110
SITE PLAN REVIEW AND APPROVAL PROCEDURES §914.14
tions of site plan approval have been (5) Fees. All inspections of a site other than
satisfied, that it complies with all neces- the initial check and one re-inspection shall
sary county and jurisdictional agency require the payment of a fee to the planning
permits and any conditions attached division by the applicant. Said fee shall be
thereto, and that any variations have established by resolution of the board of county
been approved in writing by the com- commissioners.
munity development director. (Ord. No. 90-16,§ 1,9-11-90;Ord. No. 91-23, §9,
5-15-91)
(c) The appropriate reviewing departments
shall make a final inspection and verify Section 914.13. Appeals of decisions
that the project was completed in regarding site plans.
accordance with the approved site plan. Appeals of site plan decisions rendered by the
Notice of verification shall be transmit- community development director or by the techni-
ted in writing to the building division cal review committee (TRC) may be made in
director who shall ensure that copies of accordance with the provisions of section 902.07,"
final certifications of approval are Appeals from decisions of the community develop-
transmitted to the planning director, to ment director or his designee." Appeals of plan-
be placed in the project file. No certificate ning and zoning commission-site plan decisions
of occupancy(C.O.)or its equivalent shall may be filed by:
be issued unless and until the appropri- (1) The applicant;
ate reviewing departments have verified
that the project has been completed in (2) County administration;
accordance with the approved site plan. (3) Any aggrieved person or group with an
For purposes of this section a certificate interest that will be affected by the project.
of occupancy or its equivalent shall be An appeal of a planning and zoning commis-
required prior to the operation or sion decision on a site plan must be filed with the
occupancy of a building or facility for its community development department within
ultimate intended residential,commercial twenty-one(21) days of the meeting wherein the
or industrial use. decision appealed was rendered. Upon receipt of
an appeal from the appellant, the county
(4) Funds for required improvements. administrator will place the site plan application
and all recommendations on the agenda of a
(a) All applicants having site plans which regularly scheduled meeting of the board of
require funds to be escrowed or other county commissioners for consideration within
security posted for future required thirty(30)days. The board of county commission-
improvements must deposit those funds ers will conduct a de novo hearing. The procedures
or post security in the form of a letter of of section 902.07(3) shall apply and the board of
credit drawn on a Florida Financial county commissioners shall make findings with
Institution, or provide a performance respect to the criteria of section 902.07(4). Any
bond or other surety issued by a company appellant must receive three(3)affirmative votes
authorized to do business in the State of from the board of county commissioners to prevail
Florida with the county prior to the in the appeal.
issuance of a certificate of occupancy. (Ord. No. 90-16,§ 1,9-11-90;Ord. No. 93-29,§9,
9-7-93; Ord. No. 2002-004, § 3, 2-12-02)
(b) The funds or financial security must be
accompanied by an agreement that speci- Section 914.14. Site plan submittal
fies the purpose and use of the funds and requirements.
obligations of the applicant, acceptable (1) Purpose and intent. The purpose of this
as to form and legal sufficiency to the section is to ensure that all major and minor
county attorney's office. (including administrative approval) site plan
Supp. No. 150 914/11
§914.14 INDIAN RIVER COUNTY CODE
applications include sufficient information and (h) Written authorization from the property
analysis for proper review and consideration in owner(s) if the applicant/agent is other
light of the comprehensive plan and land develop- than the property owner(s).
ment regulations.
(i) A concurrency certificate, or evidence of
(2) Applicability. All information required application for a concurrency certificate,
herein shall be provided as part of a complete or a copy of the approved traffic methodol-
site plan application. All major site plans shall ogy for the development project.
be prepared and sealed by a Florida registered 0) For minor site plans and administrative
architect or engineer. approvals, the community development
(3) General submittal requirements. director or his/her designee may waive or
modify submittal, information, tabula-
(a) Three (3) surveys meeting the minimum tion, or any other application require-
technical standards and containing the ments if he/she deems that such
information required in section 914.14(9), information is not necessary or appropri-
are required for major site plans, and ate for a review of the proposed project.
may be required by the community (k) Traffic impact study. All proposed develop-
development director for minor site plans ments which are determined to generate
and administrative approvals. four hundred(400)or more average daily
(b) Ten (1) plan sets containing all the trips, or are located at a critical
information required in this section transportation location as determined by
(914.14). If a formal pre-application confer- the public works director, shall submit a
ence was held for the project,the applicant traffic study pursuant to the require-
shall submit a written response to each ments of Chapter 952 prior to the post-
item in the project's pre-application confer- TRC resubmittal. All projects generating
ence discrepancy letter or a written between four hundred(400)or more aver-
description of all revisions made to the age daily trips shall submit traffic impact
project plans since the pre-application studies prior to the post-TRC resubmit-
conference review. tal.
(c) A completed and signed site plan applica- (1) A shared(non-concurrent)parking study
tion form (furnished by the planning shall be required where there is a proposal
division). by the applicant to reduce normal park-
ing requirements pursuant to section
(d) A completed and signed land clearing 954.08 of the land development regula-
and tree removal permit application tions.
pursuant to Chapter 927, or a completed
(4) Conceptual site plans; submittal and
acknowledgement form(furnished by the
informational requirements.
planning division) stating that no tree
removal and/or land clearing as defined (a) The intent of the conceptual site plan
in Chapter 927 is to take place on-site. and process is to approve the use, scope,
level of intensity,and scale of the proposed
(e) When applicable, a completed stormwa- project. Also, the concept plan may
ter management application and two (2) address and allow approval of specific
copies of the stormwater report pursuant and detailed,project-wide,design require-
to the requirements of Chapter 930. ments (e.g. drainage, landscaping, park-
M A landscape plan meeting the require- ing provisions) that satisfy applicable
ments of Chapter 926. development regulations. Such plans may
be approved for the level of detail covered
(g) A copy of the deed for the subject property. by the site plan application, as reviewed
Supp. No. 160 914/12
SITE PLAN REVIEW AND APPROVAL PROCEDURES §914.14
and approved by staff. Approval of the ment that the applicant will apply
conceptual plan shall vest the project in for a concurrency certificate. The
relation to county development regula- acknowledgement shall be in writ-
tions, at the level of detail of information ing on a form provided by Indian
and design indicated on the approved River County.
plans. The design of the overall project
6. The plan shall depict the following
will be considered as it relates to general information:
site plan requirements and any applicable
specific review criteria contained in a. Building envelope locations;
Chapter 971. Conceptual site plan applica- b. Parking areas and circulation
tions may be submitted as requests for patterns;
approval of special exception,administra- C. Stormwater management tract
tive permit, or permitted uses. If a
locations;
conceptual site plan request is approved,
a separate and complete, "final"site plan d. Setbacks from all property
application shall be submitted,reviewed, lines;
approved, and released (as specified in e. The location of all driveways;
this Chapter 914), prior to issuance of a f. An estimate of average daily
building permit for all or a portion of the trips (for those uses not
development project. Conceptual site plan required to perform a traffic
approval for affordable housing projects impact analysis);
seeking funding assistance shall follow
the conceptual administrative approval g• Flood zone;
process outlined in Section 914.07(1)(c). h. Location map;
(b) The following are submittal require- i. Any required buffering or
ments for conceptual plan applications: conservation/preservation
1. A complete application form with areas;
the appropriate review fee. j. Existing road rights-of-way;
2. Two (2) copies of the owners deed k. All fire lane and emergency
and two (2) copies of a letter of access ways;
authorization from the owner if the 1. Location of fire hydrant(s).
owner is different from the applicant. 7. Project tabulations by phase and
3. Ten(10)plan sets to scale on twenty- aggregate:
four-inch by thirty-six-inch sheets
at a scale of not greater than one a. Gross area;
inch equals fifty(50)feet. If a formal b. Number of units/density;
pre-application conference was held C. Area and percent of site as
for the project, the applicant shall open space;
submit a written response to each d. Area and percent of site as
pre-application conference
discrepancy letter item. impervious space;
4. A written description of the proposed e. Area and percent of site as
building coverage;
use.
5. Verification that a concurrency f. Parking requirements;
certificate has been applied for, or a g• Approximate building area by
determination by staff that the use category;
project does not require a concur- h. Area and percentage of site as
rency certificate,or an acknowledge- water;
Supp. No. 150 914/13
§914.14 INDIAN RIVER COUNTY CODE
8. Existing site conditions: management and flood protection
a. Waterbodies; criteria of Chapter 930 relating to
b. Area and location of the retention/detention require-
jurisdictional wetlands shown ments of the appropriate Land
on aerial photograph or survey; Development Regulations. Unless
requested by the applicant and
C. Native vegetation coverage; approved by the Public Works Direc-
d. Protected trees or tree group- tor, the conceptual plan shall in no
ings; way be construed as a final design
e. Topography and drainage as required by Chapter 930. The
features (including canals and results of the drainage study
ditches), soil types; required under Chapter 930 shall
f. Listed historical or archeologi- govern the retention/detention areas
cal features or such features of the final site plan or plat.
known or evident to the 13. When development or alteration of
developer; jurisdictional wetlands is proposed,
g. Wells, free-flowing or valved; the applicant shall provide the
h. Buildings, structures, or environmental planner with a
driveways and their disposi- qualitative assessment of the exist-
tion(to be removed,to remain, ing wetlands and indicate on the
to be altered); plans if wetlands mitigation is
proposed on-site, off-site, or is to be
i. Utilities services and facili- satisfied by payment of a fee-in-lieu
ties, including water, sewer, of direct mitigation.
electric, telephone, cable;
j. Easements. a. If on-site mitigation is proposed,
the applicant shall indicate if
9. Vehicular and pedestrian systems, restoration and/or creation of
circulation plan, including typical wetlands is proposed, the
or potential travelway surface(s)and approximate area and location
right-of-way widths, proposed con- of such restoration and/or
nections to existing streets and the creation, the type of wetlands
planned street network in the vicin- to be restored or created, and
ity of the project. Existing streets alteration/mitigation area
and driveways within three hundred ratios.
(300) feet of the project area.
b. If off-site mitigation is
10. A traffic impact analysis if required proposed, the applicant shall
by the Chapter 952 regulations, in indicate the off-site area(s) to
accordance with the Chapter 952 be used for mitigation and the
regulations. information in subsection a.,
11. Vicinity map,showing the land area above.
within three quarters (3/4) of a mile C. If a fee-in-lieu of mitigation is
of the project area. proposed, the applicant shall
12. Proposed stormwater management provide an estimate of the fee
design and a signed and sealed letter amount,based on the assessed
from a professional engineer certify- value of the project site and
ing that the conceptual stormwater the area of wetlands to be
management plan will be able to impacted (reference subsec-
meet all applicable stormwater tion 928.06(5)).
Supp. No. 150 914114
SITE PLAN REVIEW AND APPROVAL PROCEDURES §914.14
14. Additional submittal requirements 0) Existing zoning and comprehensive plan
may be required by staff at a formal land use map designation(s) of the site
pre-application conference or a TRC and adjacent sites;
meeting, whichever occurs first, (k) Estimated number of vehicle trips
based upon staff concerns and issues attracted to the site using the latest
particular to the site, surrounding edition of the ITE Trip generation rates,
area, or proposed use. The posted to ensure compliance with the require-
sign notice requirements of ments and provisions of Chapter 952.
914.14(17)and 914.O6(5)(g)shall be
applied. (6) All site plan applications shall include the
(c) The review and approval process for a
following calculations:
conceptual plan application shall be the (a) Gross acreage of the site, to the nearest
process appropriate for the use approval one-tenth('ho)of an acre,and the square
level (special exception, administrative footage of sites;
permit, permitted). (b) Number of proposed dwelling units and
(5) All site plan applications shall include gross density(residential). Note the total
statements on the plans regarding each of the proposed and total permitted density;
following: (c) Number of proposed buildings and
(a) Name of the project; structures;
(b) Statement of intended uses to occur on (d) Floor area of each type of proposed dwell-
the site; ing unit;
(c) A statement describing the proposed (e) Floor area of each structure; if the
means of conveying ownership in the structure(s) includes areas for different
property; commercial or industrial uses, the floor
area for each use-area shall be provided
(d) Name, address, and telephone number of and clearly shown on the site plan;
all equitable owners;
(e) Name address and telephone number of (� Total square feet and percent of site
P covered by enclosed structures (ground
the applicant and firm which he or she floor building coverage). Note the total
represents; provided and the maximum permitted
(f) Name, address, signature, and registra- building coverage;
tion number of the professionals prepar- (g) Total square feet and percent of site
ing the plan; covered by impervious surfaces;
(g) Legal description, including the section, (h) Total square feet and percent of site
township and range, and the property provided as green open space. Note the
appraiser's tax parcel number(s) of the total provided and the minimum permit-
subject property; ted open space;
(h) Date plan was drawn and date of any (i) Total square feet and percent of site
subsequent revision(s); covered by lakes and wet stormwater
(i) Approximate timetable(month and year) retention areas;
for completion of the project, and any 0) Number of parking spaces required for
proposed phases of a phased develop- each use and the total number of spaces
ment project. All phases of multi-phase provided, including handicapped and
projects must be able to meet all of the compact. Note the total number of
site plan requirements within the subject required parking spaces and the total
phase; proposed;
Supp. No. 150 914/15
§914.14 INDIAN RIVER COUNTY CODE
(k) Number of loading spaces required and (7) Parking: provide information as
the total number of spaces provided; shown in the following example:
(1) The above calculations should be shown EXAMPLE
in the following format: Area in Parking No. of
(1) Gross area (square feet). Use Sq. Ft. Standard Spaces
Retail 1,000 1 sp. per 2 5
(2) Building coverage (square Medical office 3,000 1 sp.per 175 sq. 17.1
feet percent of G.L.A.) ft.
Paved area: (square feet Total Required: 22.1 or 23
percent of G.L.A.) Provided Spaces:
p Standard: 20
Green landscaped area Compact: 4
(square feet percent of G.L.A.) Handicap: 1
Total Provided: 25
Lakes, canals wetlands
(square feet percent of G.L.A.) (7) Vicinity map and location map.
Other (explain) (square
feet percent of G.L.A.) (a) A location map showing the general loca-
tion of the site depicted on a roadway
(3) Number of structures map shall be provided. The scale shall be
(4) Density(residential) adequate to cover a region of the county.
#dwelling unit:Net land (b) A vicinity map insert, separate from the
acres or square feet location map, shall be made part of the
equals DU's per acre. site plan showing the specific location of
Example: Unit A (# the site using the names and location of
square feet per unit) nearby streets and prominent natural or
Unit B (#square feet per manmade landmarks. The scale shall be
unit) sufficient to indicate the zoning and cur-
rent land use of the property contiguous
Unit C (#square feet per to the site,including properties separated
unit) from the site by a public or private
(5) Floor area (nonresidential) street.
Building Coverage: sq. ft. 100
percent of building (8) Site conditions. The following information
shall appear on the site plan:
Retail: sq. ft. percent of
building (a) Limits of one hundred year (100)
Office: sq. ft. percent of floodplain and/or coastal flood velocity
building areas (V-zones), as shown on the most
recent Federal Emergency Management
Restaurant: sq. ft. Agency (FEMA) maps.
percent of building
Industrial:sq. ft. percent (b) Location of the 1987 Coastal Construc-
of building tion Control Line (CCCL) and the dune
Warehouse: sq. ft. stabilization setback line (DSSL), if
percent of building applicable.
Medical: sq. ft. percent (c) Existing right-of-way width of all adjacent
of building (other) roadways,road names,and setback lines.
(6) Building height (d) Location and explanation of any existing
Number of stories easements.
Supp. No. 150 914/16
SITE PLAN REVIEW AND APPROVAL PROCEDURES §914.14
(e) Location and dimensions of any existing (d) Location of coastal construction control
structures on the site, and any parking line and dune stabilization setback line,
or loading areas. if applicable.
(f) Location and width of existing on-site (e) Existing right-of-way width of all adjacent
roadways and rights-of-way. roadways and setback lines. The roadway
(g) Location and dimensions of existing
shall be located within the right-of-way.
driveways and access points on the (fl Location and explanation of any existing
property and within three hundred(300) easements.
feet of the site. (g) Location and dimensions of any existing
(h) Specific boundaries and acreage of structures on the site, and any parking
wetlands and other environmentally sensi- or loading areas.
tive areas, if any. (h) Location and width of existing on-site
(i) Boundaries and acreage of native vegeta-
roadways and rights-of-way,
tive communities preservation areas, (i) Specific boundaries, and acreage of
including ownership, maintenance, and wetlands and other environmentally sensi-
enforcement responsibilities. tive areas, where such areas exist on-
Q) Location of existing utility lines (water, site.
sewer, power, etc., as applicable) and 0) Location and size of all existing natural
existing private utility systems (wells and manmade waterbodies.
and septic tanks) shall be shown extend- (k) The location,size and type of all protected
ing a minimum of two hundred(200)feet trees on-site, pursuant to the require-
from the sites property. ments and provisions of Chapter 927,
(k) Statement noting distance from project unless the location of protected trees are
site to existing water and wastewater otherwise depicted within the applica-
lines. tion materials in a manner acceptable to
(1) Location and size of all natural and environmental planning staff (such as
the development depicted on an aerial
manmade waterbodies. photograph) pursuant to the provisions
(m) The ultimate right-of-way width as of Chapter 927.
depicted on the county's thoroughfare
plan shall be boldly depicted and the (10) Graphic requirements.All required graphic
information shall be displayed on twenty-four-
amount of any right-of-way deficiencies. inch by thirty-six-inch sheets, at a scale of no
(9) Criteria for required surveys. less than one inch equals fifty(50)feet,and shall
include a north arrow,graphic scale and the date
(a) Certified survey of the site, including the plans were prepared.
property boundaries and their dimen-
sions. (a) Plans shall be prepared using an engineer-
ing scale of between one inch to ten (10)
(b) Existing topography with a maximum of feet and one inch to fifty (50) feet. A
one-foot contour intervals, based upon smaller scale may be used for all or part
North American Vertical Datum 1988 of the project depiction when the project
(NAVD88). cannot fit on a twenty-four-inch by thirty-
(c) Limits of 100-year floodplain and/or six-inch plan sheet,upon approval by the
coastal flood velocity areas (V-zones), as community development director.
shown on the most recent Federal (b) All plans shall include a north arrow, a
Emergency Management Agency(FEMA) scale, a legend and the date the plans
maps. and all revisions were prepared.
Supp. No. 150 914/17
§914.14 INDIAN RIVER COUNTY CODE
(c) Matchlines shown on all pages if multiple General traffic circulation and internal
sheets are used. vehicular movement. (See Chapter 952 for further
traffic requirements).
(d) Provide a location key sketch for each
plan page, showing the portion of the (12) The following information is required to
overall project that each plan page covers. be noted or graphically depicted on all site plans:
(e) All phase boundaries and phase designa- (a) Location and dimensions of all existing
tions shall be shown for all multi-phase and proposed driveways and median cuts,
projects. and the distance separating them from
intersections and other existing or
(11) Proposed buildings and structures. The proposed access points within three
following information for all structures and build- hundred (300) feet of the project site;
ings must be noted or depicted on the plan:
(b) Designation of all parking spaces,includ-
(a) Intended use of all principal and acces- ing the number and dimensions of spaces
sory structures; and whether or not such spaces are
designated for handicapped or compact
(b) Location,size,type,and orientation of all car parking;
signs, including traffic and directional
(c) Number and designation of loading spaces;
signs;
(c) Three (3) sets of preliminary exterior (d) Surface materials of roadways and
building elevations and floor plans driveways;
prepared by a registered architect with (e) Fire lanes which shall be at least twenty
registration number noted, as required (20)feet in width;exception:reduction of
by Florida Statutes (Section 481.221.)or, fire lane width may be permitted only
for pre-engineered buildings, elevations when approved by the fire division.
and floor plans signed and sealed by a (f) Overall internal circulation plan, includ-
registered professional engineer; ing directional arrows and signs to direct
(d) Distance between structures, and the traffic flow. The public works director
distance between structures and property may request additional information on-
boundaries; site distance triangles if conditions war-
rant;
(e) Location of exterior mechanical equip-
ment and/or utilities, and method of (g) Location of existing and proposed on-site
traffic-control signs and signalization
screening or buffering, if applicable; devices;
(f) Location,height and type of construction (h) Posted speed limits of abutting roadways;
material of fences;
(i) Location and specifications of all existing
(g) Location, height and materials utilized and committed, abutting and/or
for screening; transitional deceleration lanes, turning
(h) Intended means of outdoor lighting, lanes, sidewalks, bikepaths, drainage
including location, method of shielding facilities (underground and surface);
the light source from adjacent properties 0) Location of all existing and proposed
and roadways, and intensity of outdoor sidewalks and/or bikeways abutting the
illumination and lighting; site;
(i) Intended means of buffering or otherwise (k) Where shared parking is proposed, all
attenuating potential noise nuisances information required in Off-Street Park-
generated by the proposed use(s). ing Ordinance, Chapter 954 shall be
Supp. No. 150 914118
SITE PLAN REVIEW AND APPROVAL PROCEDURES §914.14
included in the application (three (3) (14) Water, sewer, solid waste, and other util-
copies,minimum).All standards contained ity facilities.
in Chapter 954 shall be satisfied;
(a) All existing water and sewer lines within
(1) Certain uses may require additional the boundaries of, or adjacent to,the site
internal circulation features such as must be shown on the site plan.
customer drop-off or loading zones, short (b) All water and sewer lines within the
term parking areas, areas restricted to connection distance required by the
employee parking, or other features or Florida Administrative Code must be
facilities. These features may be required noted on plans or a proposed connection
by the planning and zoning commission to public water and sewer must be shown.
after a recommendation from the traffic
engineer or community development direc- (1) All existing and proposed fire protec-
tor, to safely provide for traffic circula- tion water lines within the boundar-
tion and to accommodate the proposed ies of, or adjacent to, the site must
use; be shown. This shall include back-
flow prevention devices,fire depart-
(m) A handicap access plan meeting the ment connections,and fire hydrants.
criteria of the Florida Administrative (c) All existing on-site sewage disposal facili-
Code. ties and wells on the subject property
(13) General open space,landscape,and aegeta-
must be shown.
tion protection. (d) All existing private sewage disposal facili-
ties and wells within a radius as required
(a) Delineation of permanent green open by Florida Administrative Code must be
space areas. shown.
(b) Delineation of areas specifically (e) General locations of all proposed water
designated as common open space for and sewer lines, utility/power poles,
residential projects. underground power lines, telephone and
television cable transmission lines, and
(c) Proposed landscaping areas or other other transmission or generation facili-
screening or buffer improvements and ties, and all proposed utility easements.
areas,including location,height and type
of perimeter or ornamental walls, fences, (f1 Location of all proposed water wells,
landscaping, including berms and other private wastewater treatment facilities,
required screening devices. gas transmission lines, fire hydrants or
other similar facilities or services.
(d) Irrigation method utilized and source of (g) Solid waste storage locations and the
water. method of storage and screening must be
(e) Location of mangroves, specimen trees, provided and identified. Where dumpsters
historical trees or other protected trees are utilized,the location and paving mate-
as specified in the Indian River County rial of the pad shall also be shown. All
Tree Protection Ordinance. dumpsters shall be totally enclosed on all
sides.
M Transition grades to all abutting proper- (h) All proposed and existing utility rights-
ties. of-way and easements.
(g) All areas proposed for conservation and (i) When the project proposes to utilize a
preservation, pursuant to the require- public or private water franchise and/or
ments of Chapter 929. sewage system,all application and submit-
Supp. No. 150 914/19
§914.14 INDIAN RIVER COUNTY CODE
tal items and information required by improvements are capable of
the county utilities department must be retaining or detaining the first
satisfied. one inch of rainfall on-site.
0) All utilities lines shall be underground, (4) Transitional property line
except for agricultural projects,and when grades.
the subject utility company issues a letter (5) Finished ground floor eleva-
of objection. tions.
(15) Drainage plan. (6) The location and tracing of all
legal positive outfalls to be used
(1) Major site plans. All major site plans by the site.
shall provide a drainage plan, which (7) The depth and location of the
includes all of the information and calcula- wet season groundwater table.
tion requirements of the Indian River (g) Size, configuration, and loca-
County Stormwater Management and tion of proposed stormwater
Flood Water Protection Ordinance management tracts.
(Chapter 930), prior to receiving site
plan approval. The applicant may submit (b) A complete drainage plan, which
such a plan with the site plan application includes all of the information and
or following the approval of a preliminary calculations required in chapter 930,
drainage plan. shall be submitted and a stormwa-
(a) In lieu of providing a complete drain- ter management permit issued
age plan with the application for pursuant to the requirements and
site plan approval, the applicant provisions of chapter 930 prior to
may submit a preliminary drainage the release of any major site plan.
plan to be evaluated by the techni- (c) Type"B"stormwater permit applica-
cal review committee. All tions shall not be eligible for
preliminary drainage plans shall preliminary drainage review.
include the following information:
(1) A soil boring log meeting the (2) Minor site plans. Minor site plans shall
include the following information regard-
requirements of the Indian ing drainage conditions and improve-
River Stormwater Management ments:
and Floodwater Protection
Ordinance. (a) One-foot interval contours based
(2) Percolation tests pursuant to upon coastal geodetic datum.
procedures established in the (b) Proposed finished elevations of each
Indian River County Stormwa- building site and the first floor level.
ter Management and A proposed grading plan shall be
Floodwater Protection submitted.
Ordinance.
(c) Proposed system for the orderly
(3) A written opinion from a profes-
disposal of surface water runoff with
sional engineer (or architect if the system capabilities of having a
under one acre)licensed in the minimum ability to accommodate
State of Florida certifying the the runoff from the first inch of
size, configuration and loca rain; all swales and retention areas
tion of all existing and proposed will be located with grades and
stormwater management elevations provided.
Supp. No. 150 914/20
SITE PLAN REVIEW AND APPROVAL PROCEDURES §914.14
(d) The size and grade of all existing and test results will be required, when
and proposed drainage facilities applicable, to demonstrate effectiveness
including culverts and pipes. of a component of the site plan.
(e) Centerline elevation of any street (c) Additional information. Any additional
contiguous to the site measured at information, as may be required, which
the property lines extended. is commensurate with the purpose and
(f) Location and method of linkage with intent of the land development regula-
off-site drainage facilities/ditches to tions.
accommodate the site's surface water
runoff outfall, including documents (17) For all site plan applications that are not
indicating legal access across private associated with a request involving a public
property, if applicable. hearing but are required to be reviewed by the
planning and zoning commission, the following
(g) Soil boring log showing representa- shall be submitted with the site plan application:
tive soil types to a depth of ten (10)
feet. This requirement may be A written statement, signed by the applicant,
waived by the public works director. certifying that a sign, meeting the requirements
(h) Description of the existing pre- below, has been posted on the site. The signed
development drainage characteristics written statement shall be accompanied by a
of the land, including those areas dated photograph or digital photo image of the
contributing stormwater which sign posted on the project site.
passes through the site.
a. Sign specifications: The sign shall have
(i) Proposed method(s)of erosion protec- minimum dimensions of sixteen (16)
tion. inches x twenty-one(21)inches and shall
have a light-colored background (yellow
(3) Administrative approvals. The county or white) that provides high contrast
engineer may require any information with dark lettering.
and analysis necessary to ensure compli-
ance of any administrative approval b. Sign placement:The sign shall be posted
project with the applicable requirements at the front lot line of the project site in
of Chapter 930. plain view of the public. The bottom of
the sign shall be at least 18" above the
(16) Additional requirements. The community ground.
development director, technical review commit-
tee, planning and zoning board, or board of C. Sign information:In black or dark letter-
county commissioners may require that additional ing, with letters at least two (2) inches
information be provided in order to facilitate the high, the sign shall state the following:
review of site plans. Additional requirements
may include,but are not limited to the following: RESIDENTIAL DEVELOPMENT
PROPOSED ON THIS SITE
(a) Legal assurances. The applicant will be FOR INFO. CONTACT
required,when applicable,to furnish legal (insert applicant's phone number here)
assurances confirming the availability of "(insert project name here)"
required supportive facilities and systems
for water supply, central wastewater
disposal, drainage, recreation and other For non-residential projects, the word
related services before site plan approval. "COMMERCIAL", or the specific project
use(e.g. CHURCH,OFFICE,DAYCARE),
(b) Additional surveys. Soil, geologic, shall be substituted for the word
hydrological,vegetation or other surveys "RESIDENTIAL".
Supp. No. 150 914/21
§914.14 INDIAN RIVER COUNTY CODE
d. Duration: The sign shall be posted a project's development, the initial phase
minimum of three (3) weeks. or any successive groups of phases shall
(Ord. No. 90-16, § 1, 9-11-90; Ord. No. 92-39, be able to "stand alone," meeting all
§ 18, 9-29-92; Ord. No. 96-6, § 5, 2-27-96; Ord. applicable standards set forth and
No. 2000-015,§§6, 8,5-9-00;Ord. No. 2001-016, referenced in this chapter and other
§§ 12-14, 6-19-01; Ord. No. 2006-012, §§ 3, 4, applicable land development regulations.
4-11-06; Ord. No. 2012-023, § 3, 7-10-12; Ord. (b) The initial phase and any successive
No. 2018-004, § 3, 3-13-18; Ord. No. 2018-020, groups of phases shall be able to "stand
§ 2, 9-18-18) alone"and function adequately in regards
Section 914.15. Review standards and to required improvements,infrastructure,
requirements. facilities, and in relation to all project
conditions so as to be independent from
(1) Purpose and intent. The purpose of this any future phase or phases and improve-
section is to establish standards for reviewing ments or areas contained therein.
site plans in order to ensure compliance with
applicable county regulations. (5) Bikeways. The project developer shall be
responsible for the provision of a bikeway(s)
(2) Applicability. Site plans shall be reviewed along the project site's frontage on all rights-of-
pursuant to all applicable zoning district regula- way or easements as designated in the Indian
tions and regulations for specific land uses, as River County Comprehensive Bikeway and
applicable. Sidewalk Plan.
(a) Major site plans. The standards (a) Specifications. All bikeways shall be
established herein shall apply to all major constructed in accordance with specifica-
site plan applications required pursuant tions found in the Florida Department of
to the procedures of this Code. Transportation(FDOT)Bicycle Facilities
(b) Minor site plans. Minor site plans shall Planning and Design Manual(most recent
be exempt from installation of marginal edition), unless otherwise approved by
access roads, sidewalks and bikepaths, the public works director or the director's
and shall be exempted from the paved appointed designee. In approving
road requirements of Chapter 952. construction plans for bikeways,the public
(c) Administrative approval. Administrative works director,or the director's appointed
approvals shall be exempt from the instal- designee,shall also consider the specifica-
lation of marginal access roads,sidewalks tions listed in the comprehensive bikeway
and bikeways, and shall be exempted and sidewalk plan in relation to the
from the paved road requirements of following items:
Chapter 952. 1. Width:Bikeways shall be constructed
(3) Comprehensive plan consistency. The at the minimum width specified in
development of any areas subject to the provi- the county comprehensive bikeway
sions of this ordinance shall be consistent with and sidewalk plan. The public works
the policies regarding land development as director, or the director's appointed
established in the various elements of the Indian designee, may approve construction
River County Comprehensive Plan. plans proposing less than the listed
minimum width in order to accom-
(4) Phasing. Site plan projects maybe phased. modate design constraints for the
Phasing, if proposed, shall be shown on all plan bikeway(s);
sheets and may be modified through the 2. Location: Bikeways shall be
administrative approval process. constructed in the locations speci-
(a) Phasing shall be arranged and designed fied in the county comprehensive
in such a manner that at any point in a bikeway and sidewalk plan. The
Supp. No. 150 914/22
SITE PLAN REVIEW AND APPROVAL PROCEDURES § 914.15
public works director,or the director's by providing a cash payment of
appointed designee, may approve funds equal to one hundred
alternative locations in order to (100) percent of the estimated
accommodate design constraints for cost to construct the required
the bikeway(s); bikeway segment(s)and execut-
3. Identification. Bikeways shall be ing an agreement for the
posted or identified by permanent transfer of responsibility for
markings as set forth by the FDOT required improvements.
Bicycle Facilities Planning and The developer shall be responsible for
Design Manual (most recent edi- clearing and grading the intended loca-
tion) and the Federal Highway tion of the required bikeway segment(s)
Administration (FHA) Manual on at the time clearing and grading for the
Uniform Traffic Control Devices development project is performed. The
(MUTCD) (most recent edition). value of such clearing and grading shall
(b) Provision. The developer shall be required be reflected in the cash payment amount
to provide for construction of a required provided by the developer. The cleared
bikeway segment(s) in compliance with path shall be approved by the public
one (1) of the following methods, as works department and shall be selected
approved by the public works director or so as to maximize tree preservation while
the director's appointed designee: maintaining compliance with the FDOT
1. Exemptions. The developer is Bicycle Facilities Planning and Design
exempted from the requirement to Manual.
provide a bikeway segment(s) along
an unpaved thoroughfare plan (c) Timing.The developer shall be responsible
roadway which is not scheduled for for providing the required the bikeway
improvement on the county's twenty- segment(s) in compliance with subsec-
year roadway improvement plan tion 914.15(5)(b)2.a. or b. prior to receiv-
schedule. ing an equivalent certificate of occupancy
for the project. However,in the event the
2. Method. When required to construct developer is required to construct the
or provide a required bikeway seg- required bikeway segment(s) (subsection
ment(s), the developer shall: 914.15(5)(b)2.1.),the developer may delay
a. Construct the required bikeway construction of the required bikeway seg-
segment(s) if the roadway and ment(s) for a period of two (2) years
corresponding bikeway seg- beyond the date of issuance of an
ment(s) are designated as a equivalent certificate of occupancy for
primary pedestrian corridor the project. In electing to bond-out for
and if construction can satisfy construction, the developer shall provide
the design and safety criteria a completed contract for construction for
of the FDOT Bicycle Facilities remaining required improvements and
Planning and Design Manual. post security to guarantee the completed
As an alternative,the developer contract in conformance with subsection
may delay construction by 913.10(1). The developer shall have the
bonding-out for construction ability to extend the contract for construc-
of the segment(s) as described tion and posted security for a period of
in subsection 914.15(5)(c); or two (2) years, in addition to the original
b. Transfer to the county the two (2) years, upon approval of both the
obligation to construct the public works director and the community
required bikeway segment(s) development director.
Supp. No. 150 914/23
§914.15 INDIAN RIVER COUNTY CODE
(6) Sidewalks. The project developer shall be sac circles. Where sidewalks are
responsible for sidewalk improvements along the required along a roadway which
project site's frontage on local roads and arterial, terminates in a cul-de-sac and
collector,and subdivision collector roadways(also sidewalks following the circumfer-
known as "thoroughfare plan roadways") in ence of the cul-de-sac circle are not
compliance with the Indian River County proposed, the sidewalks shall
Comprehensive Bikeway and Sidewalk Plan,and terminate into the cul-de-sac circle
the required improvements regulations of the pavement utilizing a design approved
site's applicable zoning district. Sidewalks shall by the public works director or the
also be provided either on both sides of all director's appointed designee.
interior streets that lie within rights-of-way 5. Function: Be designed to provide
and/or easements created via a subdivision plat, pedestrian access from residences
or as shown on a pedestrian system plan approved to common recreation/community
by the county engineer that proposes pedestrian areas and to the public sidewalk
system service for each project unit and amenity system external to the project.Where
area. a project's internal sidewalk system
(a) Specifications. All construction plans for is designed to connect to the external
required sidewalks shall be approved by public sidewalk system through an
the county public works director or the adjacent project, the applicant for
director's appointed designee. All the "dependent" project shall
sidewalks shall be constructed in coordinate with the applicantlowner
accordance with the specifications listed of the adjacent project to ensure
in the comprehensive bikeway and that the design and construction of
sidewalk plan and the following general the sidewalk system inter-connec-
specifications: tion is properly coordinated and
1. Width:Be a minimum of five(5)feet accurately reflected on the project's
wide, or wider if so specified by the land development permit drawings.
comprehensive bikeway and sidewalk (b) Provision.The developer shall be required
plan, along all thoroughfare plan to provide for construction of a required
roads, and a minimum of four (4) sidewalk segments as follows:
feet wide along local roads and for 1. Sidewalk segments along
internal sidewalks. thoroughfare plan roadways.
2. Location: Be located outside of the a. Exemptions.
roadside recovery area unless protec-
tive devices are provided (e.g., non- i. The developer is exempted
mountable curbs). from providing a sidewalk
segment(s) along an
3. Accessibility:Have a curb cut and/or unpaved thoroughfare
ramp at intersections, where plan roadway if the
required by federal and/or state roadway is not scheduled
accessibility requirements. for improvement on the
4. Culs-de-sac: Be installed on the county's twenty-year
entire length of internal roadways, roadway improvements
except for cul-de-sac circles as speci- plan schedule.
fied below and except for cul-de-sac ii. The developer may be
road segments exempted under exempted from providing
subsection 913.09(5)(b)2.c. Internal a thoroughfare plan
sidewalks are not required around sidewalk segment(s) by
the circumference of roadway cul-de- obtaining a determina-
Supp. No. 150 914/24
SITE PLAN REVIEW AND APPROVAL PROCEDURES §914.15
tion from the public works The developer shall be
and community develop- responsible for clearing and
ment directors that the grading the intended location
need for a sidewalk seg- of the required sidewalk seg-
ments)along the adjacent ment(s) at the time clearing
thoroughfare plan and grading for the develop-
roadway is precluded by ment project is performed. The
physical or design value of such clearing and grad-
constraints. ing shall be reflected in the
cash payment amount provided
b. Method. When required to by the developer. The cleared
construct or provide a required path shall be approved by the
thoroughfare plan roadway public works department and
sidewalk segment, the shall be selected so as to
developer shall: maximize tree preservation
i. Construct the required while maintaining compliance
sidewalk segment(s)if the with the sidewalk design
roadway and correspond- specifications listed in subsec-
ing sidewalk segment(s) tion 914.15(6)(a).
are designated as a C. Timing. The developer shall be
primary pedestrian cor- responsible for providing the
ridor and if construction required thoroughfare plan
can satisfy the design and
s roadway sidewalk segment(s)
safety criteria of subset-
in compliance with subsection
tion 914.15(6)(a), as 914.15(6)(b)l.b.i. or ii. prior to
determined by the public receiving an equivalent
works director or the certificate of occupancy for the
director's appointed project. In the event that the
designee. As an alterna- developer is required to
tive, the developer may construct the required sidewalk
delay construction by segment(s) (subsection
"bonding-out for construc- 914.15(6)(b)l.b.i.),the developer
tion of the segment(s) as may delay construction of the
described in subsection required sidewalk segment(s)
914.15(6)(b)l.c. as for a period of two (2) years
approved by the public beyond the final plat approval
works director, or date of the corresponding
ii. Transfer to the county the subdivision development. In
obligation to construct the electing to bond-out for
required sidewalk seg- construction, the developer
ment(s) by providing a shall provide a completed
cash payment of funds contract for construction for
equal to one hundred(100) remaining required sidewalk
percent of the estimated improvements and post security
cost to construct the to guarantee the completed
required sidewalk seg- contract in conformance with
ment(s) and executing an subsection 913.10(1) construc-
agreement for the transfer tion security requirements. The
of responsibility for developer shall have the abil-
required improvements. ity to extend the contract for
Supp. No. 150 914/25
§914.15 INDIAN RIVER COUNTY CODE
construction and posted b. Multiple phase projects. In
security for a period of two (2) addition to the requirements
years,in addition to the original of subsection 913.09(5)(b)2.a.
two(2)years,upon approval of above, the following require-
both the public works director ments shall apply to multiple
and the community develop- phase projects that are under
ment director. unified control. If a subdivi-
2. Internal sidewalk segments along sion consists of multiple phases
local roadways. that are under unified control,
a. Responsibility. The developer sidewalks must be completed
shall be responsible for provid- on ninety (90) percent of the
ing internal sidewalks along lots in the preceding phase prior
internal project roadways to the issuance of a certificate
adjacent to project entrances of completion(C.C.)for the next
and common areas. Those phase of the project. If a
developer-provided sidewalks certificate of completion on a
shall be depicted on the subsequent phase is needed
approved project preliminary prior to the completion of ninety
plat and land development (90) percent of the sidewalks
permit. in the preceding phase, then
The builder/lot owner shall be security, in conformance with
responsible for providing the subsection 913.10(1),construc-
sidewalk required along his lot's tion security requirements,
street frontage, as depicted on shall be posted to guarantee
the approved project construction of sidewalks
preliminary plat and land needed to meet the ninety(90)
development permit. For percent completion require-
subdivisions platted prior to ment for the preceding phase.
adoption of this provision(9-8- For purposes of calculating the
2009) and that have outstand- ninety (90) percent threshold,
ing obligations for providing sidewalks adjacent to lots shall
internal sidewalks, the provi- be considered completed if:
sion for builder/lot owner i. A valid reservation agree-
responsibility may be applied ment (as determined by
if authorized by recorded the county attorney)with
covenants,restrictions,and lot deposit has been signed
owner consent and, if by the end user of the lot;
applicable,mortgagee consent, ii. A valid contract (as
in a manner acceptable to the determined by the county
county attorney's office,includ- attorney) to build with
ing a covenant that the deposit has been signed
applicable covenants and by the end user of the lot;
restrictions cannot be modified or
or terminated without county iii. A building permit applica-
approval. The sidewalk seg- tion has been applied for
ment shall be constructed and construction of a residence
inspected prior to the issuance on the lot.
of a certificate of occupancy C. Exemptions.
(C.O.) for the residence(s) on i. A developer is exempt
the builder's/lot owner's lot. from providing a required
Supp. No. 150 914/26
SITE PLAN REVIEW AND APPROVAL PROCEDURES §914.15
internal sidewalk seg- D. The location of the
ment(s) along a local subdivision or exist-
roadway which serves no ing street conditions
more than twenty(20)lots are such that it is
and terminates in a cul- anticipated that
de-sac where a future sidewalks could not
extension of the street be effectively
beyond the cul-de-sac is integrated into an
not required or possible existing or planned
as determined by the sidewalk system;
county public works direc- E. The developer
for or the director's provides for an
appointed designee. alternate route
ii. A developer may obtain a and/or improvement
waiver from providing a that adequately
required internal sidewalk accommodates
segment(s)by submitting pedestrian traffic
a written request for such and movement and
waiver from the com- coordinates with
munity development existing and planned
director and the public sidewalks.
works director based upon Decisions by the community
one (1) or more of the development director and the
following criteria: public works director to
A. It is anticipated that approve, approve with condi-
the use(s) tions, or deny an exemption
(nonresidential request may be appealed to
projects only)will not the planning and zoning com-
attract or generate mission pursuant to the provi-
significant sions of section 902.07.
pedestrian traffic; Planning and zoning commis-
B. A nearby existing or sion decisions regarding exemp-
planned sidewalk tion requests may be appealed
will adequately serve to the board of county commis-
anticipated sioners pursuant to the provi-
pedestrian traffic sions of section 902.07.
attracted or gener- d. Method. When required to
ated by the cor- construct or provide a required
responding sidewalk segment(s), the
subdivision project; developer shall:
C. The anticipated i. Construct the required
use(s) sidewalk segment(s)along
(nonresidential the local internal roadway
project only) or or alternative route
vehicular traffic approved under subsec-
characteristics of the tion 913.09(5)(b)2.c.ii.E.
subdivision are As an alternative to "up
incompatible with front" construction, the
pedestrian traffic; developer may delay
Supp. No. 150 914/27
§914.15 INDIAN RIVER COUNTY CODE
construction by"bonding- completed and inspected
out for construction" of sidewalk segments deemed
the segment(s) as acceptable to the county.
described in subsection Reduction requests are subject
913.09(5)(b)2.e. to payment of the applicable
e. Timing. The developer shall be reduction fee adopted by the
responsible for providing his board of county commissioners
required internal sidewalk seg- and the conditions and time-
ment(s) in compliance with frames provided in these
subsections 914.15(6)(b)2.b. and regulations. The developer may
914.15(6)(b)2.d.i., above prior delay construction of the
to receiving an equivalent required sidewalk segment(s)
certificate of occupancy for the for a period of up to four (4)
project. However, in the event years following final plat
the developer is required to approval. A one-time construc-
construct the required sidewalk tion contract extension of two
segment(s) (subsection (2) years may be granted for
914.15(6)(b)2.b.i.),the developer any project with a contract in
may delay construction of the effect prior to June 30, 2012,
required sidewalk segment(s) subject to payment of applicable
for a period of up to four (4) extension fee adopted by the
years beyond the date of issu- board of county commissioners
ante of an equivalent certificate and the conditions and time-
of occupancy for the project if frames provided in these
such delay is needed to accom- regulations.
0
modate development of the (7) Use and maintenance of site and zoning
common area or meet sidewalk standards.
requirements for multiple
phase projects. If the developer (a) The site must be used and maintained in
qualifies for delay and elects to conformance with the approved site plan.
delay, then the developer shall Any deviation from the approved site
provide a completed contract plan(s) shall be considered a code viola-
for construction for remaining tion, and shall require corrective action
required sidewalk improve-
ments and post security to (b) All zoning district criteria must be met,
guarantee the completed including but not limited to:
contract in conformance with (1) Setbacks;
subsection 913.10(1). The
construction contract shall be (2) Minimum open space;
for a period of two (2) years (3) Bufferyard requirements;
and may be extended subject
to payment of the applicable (4) Maximum floor area;
extension fee adopted by the (5) Building separation;
board of county commissioners (6) Lot coverage;
and the conditions and time-
frames provided in these (7) Building separation;
regulations. The construction (8) Required improvements;
contract may provide for annual
reductions in the posted (9) Density;
security amount based on (10) Use(s).
Supp. No. 150 914/28
SITE PLAN REVIEW AND APPROVAL PROCEDURES § 914.15
(8) Other Critical Site Plan Project Require- portion of any new buildings, measured
ments and Review Standards. Requirements of along the fire truck access route to the
the following sections shall be adequately outside building perimeter.
addressed and satisfied via the site plan applica- (Ord. No. 90-16, § 1, 9-11-90; Ord. No. 92-11,
tion and materials. Site plan applications shall § 23, 4-22-92; Ord. No. 93-29, §§ 12D, 12E,
comply with all land development regulations. 9-7-93; Ord. No. 2001-016, § 15, 6-19-01; Ord.
The TRC may require information and analysis No. 2009-013,§2,9-8-09;Ord. No. 2012-018,§8,
deemed necessary to demonstrate compliance 7-10-12)
with these regulations.
(1) Concurrency Management, Chapter 910;
(2) Zoning, Chapter 911;
(3) Developments of Regional Impact (DRI),
Chapter 916;
(4) Accessory Uses and Structures, Chapter
917;
(5) Potable Water and Sanitary Sewer,
Chapter 918;
(6) Landscaping and Buffering,Chapter 926;
(7) Trees Protection and Land Clearing,
Chapter 927;
(8) Environmentally Sensitive Area Protec-
tion, Chapter 928;
(9) Upland Habitat, Chapter 929;
(10) Floodplain/Stormwater Management,
Chapter 930;
(11) Wellfield/Aquifer Protection,Chapter 931;
(12) Coastal Management, Chapter 932;
(13) Historical and Archaeologic Preserva-
tion, Chapter 933;
(14) Mining and Excavation, Chapter 934;
(15) Traffic, Chapter 952;
(16) Parking, Chapter 954;
(17) Specific Land Use Criteria, Chapter 971.
(9) (a) Fire hydrants and water supply systems
shall be installed, located, and designed
in conformance with the rules set forth
by the department of utility services and
the fire division.
(b) Fire hydrants shall be installed within
five hundred(500)feet of the most remote
Supp. No. 150 914/29
§914.15 INDIAN RIVER COUNTY CODE
SITE Pj:1H RF.VIEU/APPROVAL F10W CHART
Major 6 Minor Site Plans
Pre-application
Lonferance
(most major
site plain)
Applicant cubmlc. -- --
complete •,,ilea cl on ifu re. locum,irte Al
r egnlrad mat<rlon. --- �.l_. .l
(eu)or 6 minor plwns)
Sia(t review• or
Sncomplaia complacence• _ —comp lace
(major 6 minor plena)
routed to
Sc [f contact• applicant: TRC
l ncwmplete item wted embers
Sta[f routes TRC reviews applic wtion
reaubmiasiombe and meets [o cuordtn.te
to TRC men r• corm<nu
TRC determines if e
Appllun{are-.ubmitc re-TRC re-TRC review if no re-THC
wppllcect..with needed needed: cotmeenu n;: eeded
written spon.ec scut to applicant
to TRC comment.
Applt cant re..ubmlt.
(�— ppIitation with
Additi one I revisions written response to
aaded applicant TRC cuemunca
to.
c.ctad
TRC memo<rs review
All it. edequ.cely
addre.scd
Major sit. plane Mino site pines
schedule) for cpn ror I by TRC
PAZ meting
Sc:! prepare. report,
send. to ", and
applicant
r6Z eonaider■ applLcat[on
application and Lake• .scion aPP1 t<stlun wlrtruv.d
dented wpproved wire
cond It tun(n)
OI/tton co •,peer applicant ob inns neeeu ary IOC+t inn w aP,�•.�1�
decision to DCC davalopment parmlts and 1 cinlun
e<cI any sppropri— tondici n. —--
Su(f reSeuu
1lcant
Applicant ,,ilea [or,
o tame building permit
APplleane construct. project;
County ins eats
C.rci[lu to ut Occupancy
(C.O.) L:.ueA
Supp. No. 150 914/30
SITE PLAN REVIEW AND APPROVAL PROCEDURES §914.15
SITE PLAN APPEALS
FLOW CHAR7—
STEP 1 For minor site plan STEP I for administrative approvals
Action by Technical Action by Community
Review Committee Development Director
STEP 1 for major site plans
appealed to appealed to
Planning 6 Zoning
Commission
Action by
Planning & Zoning
Commission
appealed to
Board of
County Commissioners
Action by Board of
County Commissioners
appealed to
Circuit Court
Supp. No. 150 914/31
TABLE OF AMENDMENTS
Section
Ord. No. Date Section this Code
3 912.05(6)(B)-4E)
Added 912.05(6)(G)
912.10(1)(b)[91
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
2025-001 1-14-25 1 912.04
2 912.08
3 914.04
4 914.06
Supp. No. 150 TOA/21