9/6/2016 2:17:37 PM
10/5/2015 8:52:26 AM
Agenda Item Number
Land Development Regulations Amendment
State Filed Date
Individual Development Projects, Permanent Exceptions
Codified or Exempt
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ORDINANCE 2009- 017 <br />AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA CONCERNING AN AMENDMENT TO <br />ITS LAND DEVELOPMENT REGULATIONS (LDR); PROVIDING FOR AMENDMENTS TO <br />CHAPTER 902, ADMINISTRATIVE MECHANISMS, BY CREATING THE ROLE OF BOARD OF <br />COUNTY COMMISSIONERS IN CHAPTER 902 TO HEAR REQUESTS FOR PERMANENT <br />EXCEPTIONS FOR INDIVIDUAL DEVELOPMENT PROJECTS; PROVIDING FOR OTHER <br />MODIFICATIONS IN CHAPTER 902; AND BY PROVIDING FOR REPEAL OF CONFLICTING <br />PROVISIONS; CODIFICATION; SEVERABILITY; AND EFFECTIVE DATE. <br />BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, <br />FLORIDA THAT THE INDIAN RIVER COUNTY LAND DEVELOPMENT REGULATIONS (LDRS) <br />BE AMENDED AS FOLLOWS: <br />SECTION #1: <br />Amend LDR sections 902.04(14) through (17), to read as follows: <br />(14) The board of county commissioners may hear requests for temporary suspensions of <br />compliance, as provided below. <br />(A) Purpose and intent. This section is established to provide procedures for reviewing temporary <br />suspensions of compliance (including appeals and referrals) by the board of county <br />commissioners and staff. A temporary suspension of compliance is of limited duration, <br />pertains to regulations not directly related to public safety, and is intended to provide site <br />plan, planned development, and subdivision project applicants an opportunity to obtain a <br />certificate of occupancy or certificate of completion with a condition that minor deficiencies <br />are corrected within a specified and limited timeframe. <br />(B) Approving authority. The board of county commissioners is hereby authorized to grant <br />temporary suspensions of compliance in accordance with the provisions of this section and <br />may attach conditions to temporary suspensions of compliance granted. In addition, the <br />county administrator or his designee is authorized to grant temporary suspensions of <br />compliance, in accordance with the provisions of this section. <br />(1) Temporary suspension of compliance by the county administrator or his designee. A <br />temporary suspension of compliance with land development regulations not directly <br />related to public safety may be granted by the county administrator or his designee, <br />without board of county commissioners approval, under the following circumstances. <br />a. The development project is certified by the project design professional or <br />owner/designer to be complete and in substantial conformance with the <br />approved development plan in accordance with site plan ordinance section <br />914.12(3)(a) and (b) or subdivision ordinance section 913.07(5)(I), whichever <br />is applicable, and required landscaping is certified by a landscape architect or <br />landscape contractor as Florida No. 1 or better in accordance with landscape <br />ordinance section 926.12(l)(a). <br />b. The development project has been inspected by county staff, a "punchlist" of <br />discrepancies has been issued, and the project developer has provided staff a <br />written request specifying the discrepancies he or she wishes to be temporarily <br />suspended. <br />Bold Underline: Additions to Ordinance 1 <br />Strike ,"r• Deleted Text from Existing Ordinance <br />F:\Community Development\Users\CurDev\ORDINANCE\2009\2009-_ 902 perex after BCC.RTF <br />
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