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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repealed to the extent of such conflict.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ordinance are hereby repealed to the extent of such conflict.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
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BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY...,,d
ATTEST BY:
._U.
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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
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Community Devel