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ORDINANCE 2005- 017 (15) Variances: (a) Variances from these special corridor regulations shall be processed pursuant to the procedures and timeframes of Section 70.001. Florida Statutes. The planning and zoning commission shall recommend variances to the board of county commissioners for final action. (b) The planning and zoning commission is authorized to propose settlements of claims under Chapter 70, Florida Statutes, through any means set out in Section 70.001(4)(c). (c) Criteria. The planning and zoning commission shall not approve a variance or other proposal for relief unless it finds the following: 1. The corridor regulation directly restricts or limits the use of real property such that the property owner is permanently unable to attain the reasonable, investment -backed expectation for the existing use of the real property or a vested right to a specific use of the real property with respect to the. real property as a whole; or 2. That the property owner is left with existing or vested uses that are unreasonable such that the property owner bears permanently a disproportionate share of a burden imposed for the good of the public, which in fairness should be borne by the public at large, and 3. The relief granted protects the public interest served by the regulations at issue and is the appropriate relief necessary to prevent the corridor regulations from inordinately burdening the real property. " 16. Repeal of Conflicting Provisions All previous ordinances, resolutions, or motions of the Board of County Commissioners of Indian River County, Florida which conflict with the provisions of this ordinance are hereby repealed to the extent of such conflict. All special Acts of the legislature applying only to the unincorporated portion of the Indian River County which conflict with the provisions of this ordinance are hereby repealed to the extent of such conflict. 17. Codification The provisions of this ordinance shall be incorporated into the County Code and the word "Ordinance" may be changed to "section", "article", or other appropriate word, and the sections of this ordinance may be renumbered or re -lettered to accomplish such intentions. 18. Severability If any section, part of a sentence, paragraph, phrase or word of this ordinance is for any reason held to be unconstitutional, inoperative, or void, such holdings shall not affect the remaining portions hereof and it shall be construed to have been the legislative intent to pass this ordinance without such unconstitutional, invalid or inoperative part. NOTE: All wording is new wording for new Section 911.22 F:\Community Development\Users\CurDev\ORDINANCE\2005\Chapter 911.22 Other Corridors.rtf 23