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Last modified
6/19/2025 2:37:23 PM
Creation date
6/19/2025 2:36:45 PM
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Ordinances
Ordinance Number
2025-009
Adopted Date
06/17/2025
Agenda Item Number
11.A.1.
Ordinance Type
Temporary Moratorium
State Filed Date
06\19\2025
Entity Name
Planning & Development Services Department
Subject
Temporary Moratorium prohibiting any zoning change or Comprehensive Plan amendment
for one (1) year in the Oslo Corridor Study Area
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ORDINANCE NO. 2025- 009 <br />AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF <br />INDIAN RIVER COUNTY, FLORIDA AUTHORIZING A TEMPORARY <br />MORATORIUM FOR ONE (1) YEAR, WITHIN THE UNINCORPORATED <br />AREAS OF INDIAN RIVER COUNTY SPECIFIC TO THE OSLO CORRIDOR <br />STUDY AREA PROHIBITING THE FILING, ACCEPTANCE, PROCESSING <br />AND/OR CONSIDERATION OF ANY APPLICATION OR REQUEST FOR A <br />ZONING CHANGE OR COMPREHENSIVE PLAN AMENDMENT; <br />PROVIDING FOR THE IMPLEMENTATION OF ADMINISTRATIVE ACTIONS; <br />PROVIDING A SAVINGS CLAUSE; PROVIDING FOR NONCODIFICATION <br />AND SCRIVENER'S ERRORS; PROVIDING FOR CONFLICTS; PROVIDING <br />FOR SEVERABILITY; REPEAL OF CONFLICTING PROVISIONS, AND <br />PROVIDING AN EFFECTIVE DATE. <br />WHEREAS, as provided in Article VIII, Section 1 of the Florida Constitution and <br />Chapter 125, Florida Statutes, counties have broad home rule powers to enact <br />ordinances, not inconsistent with general or special law, for the purpose of protecting the <br />public health, safety and welfare of the residents of the County; and <br />WHEREAS, the Indian River County Board of County Commissioners ("Board") <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; and <br />WHEREAS, pursuant to Section 163.3202, Florida Statutes, Indian River County <br />has enacted land development regulations, consistent with its adopted Comprehensive <br />plan, which protect the quality of life in Indian River County; and <br />WHEREAS, the County has not comprehensively evaluated and analyzed the Oslo <br />Corridor; and <br />WHEREAS, on May 20, 2025, the Board determined that a temporary moratorium <br />of one (1) year was necessary to allow the Planning and Development Services <br />Department sufficient time to analyze, evaluate, and comprehensively restructure the <br />Future Land Use designations, as well as to finalize cohesive development guidelines and <br />architectural standards specific to the Oslo Corridor study area; and <br />WHEREAS, a temporary moratorium is a recognized important land -use planning <br />tool to preserve the status quo during the planning process and ensure the community's <br />problems are not exacerbated during the time it takes to formulate a regulatory scheme; and <br />WHEREAS, the Growing Smart User's Manual, published by the American Planning <br />Association, identifies a temporary moratorium as a smart growth tool used to avoid "a rush <br />of development applications before a local government can adopt or amend its <br />comprehensive plan or development regulations" (Meck, S. E.D., 2002a, p 51); and <br />WHEREAS, the Growing Smart Legislative Guidebook, also published by the <br />American Planning Association, conveys that the "first purpose for moratoria is when a local <br />
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