HomeMy WebLinkAbout2009-0052009- 005
AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA CONCERNING AN AMENDMENT TO
ITS LAND DEVELOPMENT REGULATIONS (LDR); PROVIDING FOR AMENDMENTS TO
CHAPTER 902, ADMINISTRATIVE MECHANISMS, BY CREATING THE ROLE OF BOARD OF
COUNTY COMMISSIONERS SECTION 902.04(14) TO HEAR REQUESTS FOR TEMPORARY
SUSPENSION OF COMPLIANCE; AND BY PROVIDING FOR REPEAL OF CONFLICTING
PROVISIONS; CODIFICATION; 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:
SECTION #1:
Amend LDR section 902.049 Role of board of county commissioners, to read as follows:
(1) The board of county commissioners shall adopt and amend the comprehensive plan
pursuant to Chapter 163, Florida Statutes.
(2) The board of county commissioners of Indian River County shall have the power to
consider, amend, adopt, repeal or reject land development regulations.
(3) The board of county commissioners shall consider, amend, adopt, repeal or reject proposed
amendments to the county's official zoning atlas.
(4) The board of county commissioners shall establish fees, charges, and expenses applicable
to land development related applications.
(5) The board of county commissioners shall consider and make decisions regarding special
exception uses.
(6) The board of county commissioners shall hear and take action regarding appeals of
decisions regarding site plans and uses requiring administrative permits, when required to do so by the
regulations of Title IX of this Code.
(7) The board of county commissioners shall enforce land development regulations through
initiation of appropriate administrative and legal action.
(8) The board of county commissioners shall appoint and confirm members of the planning
and zoning commission, the board of county commissioners, and any other board or committee as
required by the comprehensive plan or by other regulations.
(9) The board of county commissioners shall consider approval of final plats, development of
regional impact (DRI) development orders, amendments to development orders, right-of-way
abandonments, easement releases, subdivision variance requests, and plat vacations.
(10) The board of county commissioners shall hear appeals of planning and zoning commission
decisions.
Bold Underline: Additions to Ordinance I
mak; Deleted Text from Existing Ordinance
F:\Community Development\Users\CurDev\ORDINANCE\2009\2009-_ 902 BOA (After Vote).RTF
2009- 005
(11) The board of county commissioners shall direct studies relating to planning issues or
problems.
(12) The board of county commissioners shall designate historic resources as such, and apply
and enforce the rules and regulations of Chapter 933, Historic and Archeological Resource Protection and
other relative land development regulations of Indian River County and, as applicable, the State of
Florida, concerning historical resources within the county.
(13) The board of county commissioners shall levy fines and/or additional penalties for
violations of these land development regulations.
(14) The board of county commissioners may hear requests for temoorary suspensions of
compliance, as provided below.
(A) Purpose and intent This section is established to provide procedures for reviewing
temporary suspensions of compliance (including appeals and referrals) by the board
of county commissioners and staff. A temporary suspension of compliance is of
limited duration pertains to regulations not directly related to public safety, and is
intended to provide site plan planned developmentj and subdivision prosect
applicants an opportunity to obtain a certificate of occupancv or certificate of
completion with a condition that minor deficiencies are corrected within a specified
and limited timeframe.
(13) Approving authority, The board of county commissioners is hereby authorized to
grant temporary suspensions of compliance in accordance with the provisions of this
section and may attach conditions to temporary suspensions of compliance granted.
In addition the county administrator or his designee is authorized to grant
temporary suspensions of compliance in accordance with the provisions of this
section.
(1) Temporary suspension of compliance by the county administrator or his
designee A temporary suspension of compliance with land development
regulations not directly related to public safety may be granted by the county
administrator or his designee without board of county commissioners
approval under the following circumstances.
a The development project is certified by the proiect design professional
or owner/designer to be complete and in substantial conformance with
the approved development plan in accordance with site plan ordinance
section 91412(3)(a) and (b) or subdivision ordinance section
913 07(5)(I) whichever is applicable and required landscaping is
certified by a landscape architect or landscane contractor as Florida
No 1 or better in accordance with landscape ordinance section
926.12(1)(a).
b The development proiect
has
been inspected
by county staff,
a
"punchlist" of discrepancies
has
been issued,
and
the
project
developer
has provided staff a
written
request
specifying the
discrepancies
he or
she wishes to be temporarily
suspended,
Bold Underline: Additions to Ordinance
SlHke thfengh Deleted Text from Existing Ordinance
F:\Community Development\Users\CurDev\ORDINANCE\2009\2009-_ 902 BOA (After Vote).RTF
2009-005
C, The project deficiencies that are the subject of the suspension request
are found to be minor in nature and extent, and are found to be
correctable within a timeframe not to exceed 90 days.
d The suspension timeframe is specified in writing and does not exceed 90
days from the date of the suspension.
el The corrective action(s) is specified in writing and found to be sufficient
to brine the development project into compliance upon completion.
L The project developer and owner agree to the specified suspension
timeframe and the obligation to complete the specified corrective
action(s) within the specified timeframe.
(C) Procedures for approval by the county administrator or his designee. The county
administrator or his desienee shall act on any temporary approved suspension
request within 2 business days of receiving the request For each temporary
suspension of compliance determination staff shall provide notice of such action in
writing to the project owner, project developer, and Board of County Commissioners.
Each suspension determination shall specify the maximum duration of the
suspension required mitigation and/or corrective action(s) and any condition(s)
attached to the suspension.
(D) Procedure for referral or appeal to the Board of County Commissioners. The project
owner, or project developer may appeal a decision of the county administrator or his
designee to the board of county commissioners within 10 days of the mailing of the
written determination referenced in sub -section (C) above. Each appeal shall be
accompanied by a fee established by resolution of the Board of County
Commissioners.
The county administrator or his designee may refer a request to the board of county
commissioners Any referral or appeal shall be.
(1) Made in writing to the chairman of the board of county commissioners with a
copy provided to the project developer, project owner, and Board of County
Commissioners Upon receipt of a referral or appeal the chairman shall call a
meeting of the board of county commissioners as soon as practicable to
conduct a hearing on the suspension request subject to the requirements of
sub -sections (D)(2) and (3) below.
(2) Noticed at least seven (7) days prior to the hearing via written notice of the
hearing mailed to each owner of property adjacent to the development protect
site The notice shall contain the name of the applicant a description of the
appeal/temporary suspension request and development project location as
well as the date time and place of the hearing.
(3) Considered at a hearing held no more than 12 business days after receipt of
the appeal or referral At the hearing the board of county commissioners may
approve a temporary suspension request if it finds that all temporary
suspension criteria of sub -subsection (B)(1)a-f above are satisfied.
Bald Underline: Additions to Ordinance
Sinks ftrfaw4t: Deleted Text from Existing Ordinance
F:\Community Development\users\CurDev\ORDINANCE\2009\2009-_ 902 BOA (Aller Vote).RTF
2009-005
(E) Conditions authorized The countv administrator or his designee or, upon referral or
appeal the Board of County Commissioners may impose conditions including but not
limited to a cash deposit which will be forfeited for non-compliance within a time
specified.
(F) Consequences of Non-compliance In the event that the specified corrective action(s)
is not completed prior to the end of the specified suspension timeframe, the proiect
owner shall be deemed in violation of the land development regulations, shall forfeit
any reuuired cash deposit for compliance and shall be subject to code enforcement
action In addition the county shall withhold issuance of any future development
order, building permit certificate of completion or certificate of occupancy
associated with the proiect site unless and until the violation is corrected.
Notwithstanding the above a certificate of occupancv may be issued for a residential
unit within a subdivision proiect site deemed to be in violation if securitv is posted
with the countv that guarantees correction of the violation. For purposes of these
regulations the subdivision proiect site shall mean the development area that is the
subject of the certificate of completion.
(G) Limitation No temporary suspension of compliance shall be granted for building
code or fire code items or other items directly related to public safety.
04)Ll.,51 The board of county commissioners shall, when appropriate, authorize grant
applications for assistance available from state, federal, or private sources for planning or land
development related projects.
(}-5-)JI.61 The board of county commissioners shall exercise all powers and duties consistent
with the grant of power contained in F.S. 125.01.
46)JU7 Notwithstanding any section to the contrary and, as an alternative to misdemeanor
prosecution or other enforcement procedures, an alleged violator of regulations found in County Land
Development Regulations Chapter 927, 928, 929 or 932.06(11) may request that the Board of County
Commissioners, at a public meeting, determine whether or not a violation of the land development
regulations has occurred. The alleged violator may appear, with or without attorney, and present evidence
and information on the alleged violation. The burden of proof shall be on staff to show by a
preponderance of the evidence that a violation has occurred. If the Board of County Commissioners
determines that a violation has occurred, the Board may impose a fine not to exceed five hundred dollars
($500.00) or an amount set forth in the various penalty sections of the regulations and/or require
restoration; if applicable. The decision of the Board shall be final. The alleged violator may reject this
alternative procedure, in which case the County may prosecute the alleged violator in the same manner as
a misdemeanor in County Court or take other enforcement action.
(Ord. No. 90-16, § 1, 9-11-90; Ord. No. 92-39, § 5, 9-29-92)
SECTION #2: SEVERABILITY.
If any clause, section or provision of this Ordinance shall be declared by a court of competent jurisdiction
to be unconstitutional or invalid for any cause or reason, the same shall be eliminated from this Ordinance
Bold Underline: Additions to Ordinance 4
Wim: Deleted Text from Existing Ordinance
�Community Development\Users\CurDev\ORDINANCE\2009\2009-_ 902 BOA (After Vote).RTF
F:
2009-005
and the remaining portion of this Ordinance shall be in full force and effect and be as valid as if such
invalid portion thereof had not been incorporated therein.
SECTION #3: REPEAL OF CONFLICTING ORDINANCES.
The provisions of any other Indian River County ordinance that are inconsistent or in conflict with the
provisions of this Ordinance are repealed to the extent of such inconsistency or conflict.
SECTION #4: INCLUSION IN THE CODE OF LAWS AND ORDINANCES.
The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of
Indian River County, Florida. The sections of the Ordinance may be renumbered or relettered to
accomplish such, and the word 'ordinance" may be changed to "section", "article", or any other
appropriate word.
SECTION #5: EFFECTIVE DATE,
This Ordinance shall take effect upon filing with the Department of State.
Approved and adopted by the Board of County Commissioners of Indian River County, Florida,
on this 19th day of May , 2009.
This ordinance was advertised in the Press -Journal on the 4th day of May , 2009, for a
public hearing to be held on the 19th day of May , 2009, at which time it was moved
for adoption by Commissioner Solari seconded by Commissioner Flescher
and adopted by the following vote:
Chairman Wesley S. Davis
Vice Chairman Joseph E. Flescher
Commissioner Gary C. Wheeler
Commissioner Peter D. O'Bryan
Commissioner Bob Solari
AYE
AYE
AYE
AYE
AYE
BOARD OF COUNTY COMMISSIONERS
OF INDIA VER C 'NTY
BY:
Wesley S. Davis, Chairman
ATTESTBY:
Jeffrey K. Barton, Clerk
Bold Underline: Additions to Ordinance
o,;;,r - ,q;aug; : Deleted Text from Existing Ordinance
F:\Community Development\Users\CurDev\ORDINANCE\2009\2009-_ 902 BOA (After Vote).RTF
2009-005
This ordinance was filed with the Department of State on the following date: JUN 0 t 2009
APPROVED AS TO FORM AND LEGAL SUFFICIENCY
_ 5
William G. Collins II, County Attorney
APPROVED AS TO PLANNING MATTERS
M. Keating, AICP; Community 1)iXopment Director
Bold Underline: Additions to Ordinance 6
st ie thmugh Deleted Text from Existing Ordinance
F:\Community Developmenf�Users\CurDev\OR DIN ANCE\2009\2009- 902 BOA (After Vote).RTF