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ORDINANCE NO. 2022 - <br />AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, <br />AMENDING SECTION 901.03 (DEFINITIONS 1N <br />ALPHABETICAL ORDER) OF CHAPTER 901 <br />(DEFINITIONS) AND SECTION 911.06 (AGRICULTURAL <br />AND RURAL DISTRICTS) OF CHAPTER 911 (ZONING) OF <br />THE CODE OF INDIAN RIVER COUNTY IN ORDER TO <br />ALLOW SOLAR FACILITIES AS A PERMITTED USE PER <br />STATE STATUTE; PROVIDING FOR CONFLICT AND <br />SEVERABILITY; PROVIDING FOR CODIFICATION; AND <br />PROVIDING FOR AN EFFECTIVE DATE. <br />WHEREAS, during the 2021 Legislative session, the Florida Legislature created <br />section 163.3205, Florida Statutes, which mandates that solar facili`ies shall be a <br />permitted use in all agricultural zoning districts within the unincorporated area; and <br />WHEREAS, the Code of Indian R ver County needs to be amended, in order to be <br />consistent with section 163.3205, Florida Statutes, <br />NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY <br />COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT: <br />Section 1. Enactment Authority. <br />Article VIII, section 1 of the Florida Constitution and chapter 125, Florida Statutes vest <br />broad home rule powers in counties to enact ordinances, not inconsistent with general or <br />special law, for the purpose of protecting the public health, safety and welfare of the <br />residents of the county. The Indian River County Board of County Commissioners <br />specifically determines that the enactment of this ordinance is necessary to protect the <br />health, safety and welfare of the residents of Indian River County. <br />Section 2. Amendment of Section 901.03 (Definitions in alphabetical order) of <br />Chapter 901 (Definitions). <br />New language indicated by underline, and deleted language indicated by strikethreugh. <br />Section 901.03 (Definitions in alphabetical order) of Chapter 901 (Definitions) of the Code <br />of Indian River County, Florida is hereby amended to read as follows: <br />CHAPTER 901- DEFINITIONS <br />Section 901.03.- Definitions in alphabetical order. <br />132 <br />