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HomeMy WebLinkAbout1997-18r ORDINANCE NO. 97- 18 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA AMENDING THE LAND DEVELOPMENT REGULATIONS TO MODIFY THE AGRICULTURE/RESIDENTIAL BUFFER REQUIREMENTS OF CHAPTER 911, ZONING, AND PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS, CODIFICATIONS, SEVERABILITY AND EFFECTIVE DATE, BE IT ORDAINED by the Board of County Commissioners of Indian River County, Florida that the Indian River County land development regulations (LDRs) be amended as follows. 1. Agricultural/Residential Buffer Section 911.04(3)(c)5. is hereby amended to read as follows: Yards adjacent to agricultural operations. Subdivision and planned development projects located within the Urban Service Area proposing new residential lots adjacent to active agricultural operations (e.g. citrus groves and field crops) shall include provisions for a special buffer. Said buffer.shall.be provided between the proposed residential use and the agricultural operation and shall consist of native vegetation planted in a 25' (or wider) Type "B" buffer with a 6' opaque feature, as described in Chapter 926. Where required, said buffer shall be treated as a required subdivision improvement for the project or project phase-in which the buffer is to be located. The buffer and opaque feature shall be maintained until such time as the adjacent property being buffered is converted to a non-agricultural use. ORDINANCE NO. 97- 18 2. REPEAL OF CONFLICTING PROVISIONS All previous ordinances, resolutions, or motions of the Board of County Commissioners of Indian River County, Florida which conflict with the provisions of this ordinance are hereby repealed to the extent of such conflict. All Special Acts of the legislature applying only to the unincorporated portion of Indian River County and which conflict with the provisions of this ordinance are hereby repealed to the extent of such conflict. Nothing in this ordinance and nothing in the land development regulations are intended to conflict with the catastrophic hurricane mutual aid agreement or the comprehensive emergency management plan approved by Indian.River County. In the event of a conflict between this ordinance and the mutual aid agreement or the emergency management plan, the agreement and the plan shall prevail. 3. CODIFICATION The provisions of this ordinance shall be incorporated into the County Code and the word "Ordinance" may be changed to "section", "article", or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intentions. 4. SEVERABILITY If any section, part of a sentence, paragraph, phrase or word of this ordinance is for any reason held to be unconstitutional, inoperative or void, such holdings shall not affect the remaining portions hereof and it shall be construed to have been the legislative intent to pass this ordinance without such unconstitutional, invalid or inoperative part. S. EFFECTIVE DATE Approved and adopted by the Board of County Commissioners of Indian River County, Florida on this 27 day of May , 1997. This ordinance was advertised in the Vero Beach Press -Journal on the 12 day of May , 1997 for a public hearing to be held on the 20 day of May , 1997. Said hearing was held and was continued to the 27 day of May 1997 at which time it was moved for adoption by Commissioner Macht seconded by Commissioner Tippin , and adopted by the following vote, The provisions of this ordinance shall become effective upon filing with the.Department of State. Approved and adopted by the Board of County Commissioners of Indian River County, Florida on this 27 day of May , 1997. This ordinance was advertised in the Vero Beach Press -Journal on the 12 day of May , 1997 for a public hearing to be held on the 20 day of May , 1997. Said hearing was held and was continued to the 27 day of May 1997 at which time it was moved for adoption by Commissioner Macht seconded by Commissioner Tippin , and adopted by the following vote, ORDINANCE NO. 97- 18 Chairman Carolyn K. Eggert Aye Vice Chairman Fran B. Adams Nay Commissioner John W. Tippin Aye Commissioner Caroline D. Ginn Nay Commissioner Kenneth R. Macht Aye r BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY...,,d ATTEST BY: ._U. M�yk} +_ Acknowledgment by the Department of State of the State of Florida this 9th day of June , 1997. IFA Effective Date: Filed with the Department of State on the 4th day of June , 1997. APPROVED AS TO LEGAL FORM Charles P. Vitunac County Attorney u\c\s\1dr\agresbuf.ord Community Devel