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HomeMy WebLinkAbout2001-033ORDINANCE NO. 2001- 033 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, REGARDING USE OF THE SUBDIVISION PROCESS FOR DIVIDING AGRICULTURALLY DESIGNATED PROPERTIES, AMENDING THE FOLLOWING CHAPTER OF THE LAND DEVELOPMENT REGULATIONS (LDRS): CHAPTER 911, ZONING; AND 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: 1. Zoning chapter 911 section 911.06(4) is hereby amended as follows: "(4) Uses. Uses in the agricultural and rural districts are classified as permitted uses, administrative permit uses and special exception uses. Site plan review shall be required for the construction, alteration and use of all structures and building except single-family dwellings and permitted agricultural uses. No residential development in agriculturally designated areas shall occur unless such development is approved as a planned development and meets the requirements of section 911.14; the following activities shall be exempt from this requirement: (a) Construction of a single-family dwelling unit on a tract or parcel existing on October 1, 1990. (b) Division of a tract or parcel into two (2) lots, each meeting or exceeding the minimum lot size of the agricultural zoning district and meeting the lot split criteria of section 913.06(3); any subsequent split of such property shall require approval -as in accordance with subdivision ordinance Chapter 913 requirements or planned development requirements. Ldd,) Division of a tract via a subdivision plat approved in accordance with subdivision (c) Division of a tract into parcels of at least forty (40) acres in size. Ldd,) Division of a tract via a subdivision plat approved in accordance with subdivision ordinance Chapter 913 requirements. Coding: Words in strike t#feugh are deletions from existing law. Words underlined are additions. UILESERVERTUBLIC\Community Development\Users\CurDev\ORDIANCE\91106(4).doc ORDINANCE NO. 2001- 033 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of County Commissioners of Indian River County, Florida which conflict with the provisions of this ordinance are hereby repealed to the extent of such conflict.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 the Indian River County which conflict with the provisions of this ordinance are hereby repealed to the extent of such conflict. 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 re -lettered 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. 5. Effective Date This ordinance shall take effect upon filing with the Florida Secretary of State. This ordinance was advertised in the Vero Beach Press -Journal on the 10th day of October 2001, for a public hearing to be held on the 23rd day of OctohPr , 2001, at which time it was moved for adoption by Commissioner Stanbridge , seconded by Commissioner Adams , and adopted by the following vote: The ordinance was adopted by a vote of. Chairman Caroline D. Ginn Vice Chairman Ruth M. Stanbridge Commissioner Kenneth R. Macht Commissioner John W. Tippin Commissioner Fran B. Adams Coding: Words in stfike thfeugk are deletions from existing law. Words underlined are additions. UILESERVER\PUBLIC\Community Development\Users\CurDev\ORDIANCE\91106(4).doc Provisions 2. Repeal of Conflicting 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 the Indian River County which conflict with the provisions of this ordinance are hereby repealed to the extent of such conflict. 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 re -lettered 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. 5. Effective Date This ordinance shall take effect upon filing with the Florida Secretary of State. This ordinance was advertised in the Vero Beach Press -Journal on the 10th day of October 2001, for a public hearing to be held on the 23rd day of OctohPr , 2001, at which time it was moved for adoption by Commissioner Stanbridge , seconded by Commissioner Adams , and adopted by the following vote: The ordinance was adopted by a vote of. Chairman Caroline D. Ginn Vice Chairman Ruth M. Stanbridge Commissioner Kenneth R. Macht Commissioner John W. Tippin Commissioner Fran B. Adams Coding: Words in stfike thfeugk are deletions from existing law. Words underlined are additions. UILESERVER\PUBLIC\Community Development\Users\CurDev\ORDIANCE\91106(4).doc ORDINANCE NO. 2001m 033 The Chairman thereupon declared the ordinance duly passed and adopted this of October , 2001. 1 _ BOARD OF COUNTY COMMISSIONERS =OF INDIAN RIVER COUNTY i � U Attest: MO B`arton,. Glerk r r yk w ti 3.. r B D? By: De € Clerk ` . Caroline D. Ginn pq; Y` Chairman Filed with the Florida Department of State on the day of 2001 APPROVED AS TO LEGAL FORM 1 William G. Collins Deputy County Attorney Community Development Coding: Words in s4ike-tktexgh are deletions from existing law. Words underlined are additions. \\FILESERVER\PUBLIC\Community Development\Users\CurDev\ORDIANCE\911 vok4).doc