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ORDINANCE 2017- 2. Any division of an unplatted commercially zoned property where each resulting parcel exceeds one acre in size, meets applicable land development regulation requirements for lot size, lot dimensions, and paved road frontage, and is either served by existing adequate infrastructure (including shared access with adiacent properties) or is subiect to a recorded covenant adequately providing for shared infrastructure and shared access at the time of development, as demonstrated through an administrative approval site plan filed in accordance with site plan ordinance section 914.06(1)(c) and approved by the Community Development Director or his designee. The County shall review and be made a Party to any covenant used to meet this regulation to ensure that the covenant is not terminated or modified without County consent. Such covenant shall include as an exhibit a legal description and survey sketch provided by the applicant. SECTION #4: SEVERABILITY If any clause, section or provision of this Ordinance shall be declared by a court of competent jurisdiction to be unconstitutional or invalid for any cause or reason, the same shall be eliminated from this Ordinance and the remaining portion of this Ordinance shall be in full force and effect and be as valid as if such invalid portion thereof had not been incorporated therein. SECTION #5: REPEAL OF CONFLICTING ORDINANCES The provisions of any other Indian River County ordinance that are inconsistent or in conflict with the provisions of this Ordinance are repealed to the extent of such inconsistency or conflict. SECTION #6: INCLUSION IN THE CODE OF LAWS AND ORDINANCES The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Indian River County, Florida. The sections of the Ordinance may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section", "article", or any other appropriate word. SECTION #7: EFFECTIVE DATE This Ordinance shall take effect upon filing with the Department of State. This ordinance was advertised in the Press -Journal on the day of , 2017, for a public hearing to be held on the day of , 2017, at which time it was moved for adoption by Commissioner , seconded by Commissioner , and adopted by the following vote: Chairman Joseph E. Flescher Vice Chairman Peter D. O'Bryan Commissioner Bob Solari Bold Underline: Additions to Ordinance Stfike thfoug4i Deleted Text from Existing Ordinance F:\Community Development\CurDev\Ordinances\20170rdinances\2017-_ 913.06.docx 5 Attachment 3 P173