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INDIAN RIVER COUNTY ORDINANCE NO. 84- 2 <br />AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS <br />OF INDIAN RIVER COUNTY, FLORIDA AMENDING ORDINANCE <br />NO.71-3, AS AMENDED, APPENDIX "A" OF THE CODE OF LAWS <br />OF INDIAN RIVER COUNTY, KNOWN AS THE ZONING CODE, <br />SECTION 23 (h) REGARDING SITE PLAN APPROVAL TIME <br />LIMITATIONS AND TRANSFER; PROVIDING FOR THE <br />EXPIRATION OF SITE PLANS AFTER TWELVE MONTHS; <br />EXTENSIONS OF TIME; TERMINATION OF APPROVALS FOR <br />PROJECTS WHICH HAVE BEEN ABANDONED OR SUSPENDED; <br />TRANSFER OF SITE PLAN APPROVAL UPON DISCLOSURE; <br />REPEAL OF CONFLICTING PROVISIONS; INCORPORATION IN <br />CODE; SEVERABILITY; EFFECTIVE DATE. <br />BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF <br />INDIAN RIVER COUNTY, FLORIDA that: <br />SECTION 1 <br />Paragraph (h) of Section 23 of Appendix "A" of the Code <br />of Laws and Ordinances of Indian River County, Florida, known as <br />the Zoning Code, is hereby amended to read as follows: <br />(h) Validity of Site Plan Approval <br />(1) Time Limits <br />(A) All site plan approvals shall terminate and <br />become null and void automatically without notice if construction <br />has not commenced within twelve (12) months from the date of <br />approval unless extended for good cause by the Board of County <br />Commissioners for a period not to exceed twelve (12) months. All <br />requests for extensions must be in writing on a form supplied by <br />the County and received by the County prior to expiration of the <br />site plan. For the purposes of this paragraph, construction will <br />have commenced when the developer has built a portion of a struc- <br />ture shown on the plan (e.g. the pouring of footers), or has made <br />substantial improvements to the site, other than land clearing, <br />filling or grading, in accordance with the approved site plan, <br />evidencing a good faith effort to diligently pursue construction <br />to completion. <br />(B) In cases where construction has commenced <br />according to paragraph 1 of this section, the site plan approval <br />shall terminate and become null and void after notice and hearing <br />by the Board of County Commissioners if construction is then <br />abandoned or suspended. For the purposes of this paragraph, <br />construction shall be considered abandoned or suspended if at the <br />-1- <br />