Loading...
HomeMy WebLinkAbout2007-029ORDINANCE NO. 2007- 029 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE CODE OF INDIAN RIVER COUNTY, SECTION 972.08, TEMPORARY USES; TO PROVIDE FOR AN ANNUAL LIMIT OF TWELVE SPECIAL VEHICLE AND BOAT SALE EVENTS IN INDIAN RIVER COUNTY; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Indian River County Code Chapter 972 is known as the "Temporary Uses Ordinance"; and WHEREAS, the purpose and intent of this ordinance is to provide for temporary uses of property, allowing uses and facilities on a temporary basis that might not otherwise be appropriate on a permanent basis, in a manner temporarily compatible with surrounding properties and other land development regulations; and WHEREAS, the temporary uses may be permitted after proper application; and WHEREAS, the Board finds it fundamentally fair that temporary special vehicle and boat sales events be equally divided between businesses that reside and operate within Indian River County and businesses that reside and operate outside of the County; and WHEREAS, limiting the number of temporary special vehicle and boat sales in unincorporated Indian River County to twelve events is fair as in town and out of town businesses share the same opportunities to hold temporary sales. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: SECTION 1. AMENDMENT. Section 972.08 of the Indian River County Code is hereby amended to read as follows: Section 972.08. Specific uses, standards and requirements. (5) Special vehicle and boat sales events on -sites not approved for permanent vehicle and boat sales may be approved if the following requirements and standards are met: (a) - (k) no change (1) The Community Development Director shall issue no more than twelve (12) permits for special vehicle and boat sales annually, from January 1 — FAAttorney\Bill\Ordinance Amendments\Temporary Vehicle Sales\New Final ordinance.doc .b ORDINANCE NO. 2007- 029 December 31. No more than six of those permits shall be issued to businesses that reside and operate in Indian River County. No more than six permits shall be issued to businesses that do not reside and operate within Indian River County. All permits issued for special vehicle and boat sales shall be on a first come, first served basis. (1) After six permits have been issued to businesses that reside and operate in Indian River County the Community Development Director shall refuse to accept applications for special vehicle and boat sales from businesses that reside and operate in Indian River County. After six permits have been issued to businesses that do not reside and operate in Indian River County, the Community Development Director shall refuse to accept applications for special vehicle and boat sales from businesses that reside and operate in Indian River County. SECTION 2. CODIFICATION. It is the intention of the Board of County Commissioners that the provisions of this ordinance shall become and be made a part of the Indian River County Code and the word "ordinance" may be changed to "section," "article," or other appropriate word or phrase and the sections of this Ordinance may be renumbered or relettered to accomplish such intention; providing, however, that Sections 2, 3 and 4 shall not be codified. SECTION 3. SEVERABILITY. If any section, or any sentence, paragraph, phrase, or word of this ordinance is for any reason held to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance, and it shall be construed to have been the legislative intent to pass the ordinance without such unconstitutional, invalid or inoperative part. SECTION 4. EFFECTIVE DATE This ordinance shall take effect on January 1, 2008. This ordinance was advertised in the Press Journal on the 21st day of September 2007, for a public hearing on the 2nd day of October 2007, at which time it was moved for adoption by Commissioner Davis , and seconded by Commissioner Wheel er , and adopted by the following vote: Chairman Gary C. Wheeler Vice Chairman Sandra L. Bowden Commissioner Wesley S. Davis Commissioner Peter D. O'Bryan Commissioner Joseph E. Flescher 2 Aye Nay Ave Coding: Words underscored are additions to text; words in stFikethreug-h format are deletions to text. ORDINANCE NO. 2007- 029 The Chairman thereupon declared the ordinance duly passed this 2nd day of October , 2007. Attest: J. K. Barton, Clerk By puty Clerk Approved as to form and Leg I U Braal Deputy County Attorney INDIAN RIVER COUNTY, FLORIDA by its Board of County Commissioners By - Gary . Wheeler, Chairman BCC Approved: tober 2. 2007 ACKNOWLEDGMENT by the Department of State of the State of Florida, this 15 day of c"7�T, 2007. 3 Coding: Words underscored are additions to text; words in strikethr^„^" format are deletions to text.