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community facilities, protect the ecological balance of the environment, and <br />promote the public health, safety, convenience, prosperity and general welfare <br />of Indian River County's citizens and visitors. <br />In furtherence hereof, the Board of County Commissioners hereby declares <br />its policy and intent to evaluate all actions involving or affecting land use <br />for consistency with the Land Use Element. In recognition that zoning has been <br />and shall continue to be a major tool for the implementation of the land use and <br />development policies; all applicants for zoning, site plan or subdivision approval, <br />shall affirmatively establish the manner in which the development proposal and <br />requested change in land use conforms to and is consistent with the Land Use <br />Element. <br />SECTION III, VESTED RIGHTS: Nothing contained herein shall be construed <br />as affecting validly existing vested rights. It shall be the duty and responsi- <br />bility of the applicant alleging vested rights to affirmatively demonstrate the <br />legal requisites of vested rights. Rights shall vest upon a demonstration, to <br />the satisfaction of the Board of County Commissioners of Indian River County, <br />that the 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 incurred extensive <br />obligations and expenses to their detriment. <br />The mere existence of zoning or other development order, as defined in Florida <br />Statute 163.3161, et. seq., contrary to the Comprehensive Plan shall not be <br />determined in and of itself to vest rights. <br />SECTION IV, REPEAL OF CONFLICTING ORDINANCES: All ordinances or parts <br />of ordinances in conflict herewith are hereby repealed to the extent of such <br />conflict. <br />SECTION V, SEVERABILITY: Should any section or provision of this <br />ordinance or any portion thereof, any paragraph, sentence or word be declared <br />by a court of competent jurisdiction to be invalid, such decision shall not <br />affect the validity of the remainder hereof. <br />-2- <br />