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SECTION II, PURPOSE: [T]he <br />Comprehensive Plan of Indian River County is adopted to <br />direct and achieve coordinated and harmonious development and <br />land use irk a manner which will permit planning for adequate <br />community i'acilities, protect the ecological balance of the <br />environment, and promote the public health, safety, <br />convenience, prosperity and general welfare of Indian River <br />County's citizens and visitors. <br />In furtherance hereof, the Board of County Commissioners <br />hereby declares its policy and intent to evaluate all actions <br />involving qir affecting land use for consistency with the Land <br />Use Element. In recognition that zoning has been and shall <br />continue to be a major tool for the implementation of the <br />land use and development policies; all applicants for zoning, <br />site plan or subdivision approval, shall affirmatively estab- <br />lish the manner in which the development proposal and <br />requested change in land use conforms to and is consistent <br />with the Land Use Element. <br />SECTION III, VESTED RIGHT: Nothing contained herein <br />shall be construed as affecting validly existing vested <br />rights. It shall be -the duty and responsibility of the <br />applicant alleging vested rights to affirmatively demonstrate <br />the legal requisites of vested rights. Rights shall vest <br />upon a demonstration, to the satisfaction of the Board of <br />County Commissioners of Indian River County, that the <br />applicant; <br />1. Has reasonably relied in good faith, <br />2. Upon some act or omission of the County, <br />3. Has made a substantial change in position or incur- <br />red extensive obligations and expenses to their <br />detriment. <br />The mere existence of zoning or other development order, as <br />defined in Florida Statute 163.3161, et. seq., contrary to <br />the Comprehensive Plan shall not be determined in and of <br />itself to vest rights. <br />SECTION II, REPEAL OF CONFLICTING ORDINANCES: All <br />portions of Ordinance No. 82-1 not specifically amended by this <br />ordinance shall remain in full force and effect and all other <br />ordinances of Indian River County conflicting herewith are hereby <br />repealed to the extent of such conflict. <br />SECTION III, SEVERABILITY: Should any section or provi- <br />sign of this ordinance or any portion thereof, any paragraph, <br />sentence or word be declared by a court of competent,jurisdiction <br />to be invalid, such decision shall not affect the validity of the <br />remainder hereof. <br />SECTION IV, EFFECTIVE DATE: The provisions of this <br />ordinance shall become effective upon receipt from the Florida <br />Secretary of State of official acknowledgment that this ordinance <br />has been filed with the Department of State. <br />Approved and adopted by the Board of County <br />-2- <br />