HomeMy WebLinkAbout2002-004ORDINANCE NO. 2002-004
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. GENERAL APPEAL CRITERIA [902.07]
LDR Section 902.07, Appeals from decisions of the community development director or his
designee, is hereby amended to read as follows:
"(1) Purpose and intent. This section is established to provide a mechanism for the hearing
and resolution of appeals of decisions or actions by the community development director
or his designee and for further appeals from decisions and actions from the planning and
zoning commission.
(2) Authorization.
(a) The planning
and
zoning commission of
Indian
is
River County shall
is
in
be authorized
2. Hear
to:
when
alleged that
there
an error
1. Hear and decide appeals when it is alleged that there is an error in any
order, requirement, decision, or determination made by the community
development director or his designee in the application and enforcement of
the provisions of the land development regulations.
(b) Upon appeal and in conformance with land development regulations, the planning
and zoning commission in exercising its powers may reverse or affirm wholly or
partly or may modify the order, requirement, decision, interpretation, application
or determination of the community development director or his designee.
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it
is
is
in
2. Hear
and decide appeals
when
alleged that
there
an error
the
interpretation
or application
of a
provision(s)
of
these
land development
regulations
in relation
to
a development
application.
Decisions
rendered
by the
planning and
zoning
commission
may be
appealed
to the
board
of
county
commissioners
which
shall
have the power
to
hear and
decide
such
appeals.
(b) Upon appeal and in conformance with land development regulations, the planning
and zoning commission in exercising its powers may reverse or affirm wholly or
partly or may modify the order, requirement, decision, interpretation, application
or determination of the community development director or his designee.
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ORDINANCE NO. 2002-004
(c) Any action reversing the community development director's decision shall require
four (4) affirmative votes of the planning and zoning commission.
(3) Appeal procedures.
(a) The applicant, or any other person(s) whose substantial interests may be affected
during the development review process, may initiate an appeal.
(b) Appeals
must
be filed
within
fifteeft
twenty-one
(2 1)
days
from the
date of
(e) All appeals
shall
.11 .11
heard
at a meeting
notification
letter rendering the
decision by the
respective official.
Appeals
commission.
may
All interested
parties
shall
have
a right to
be concurrent
with requests
for
approval
and
of a development
application(s).
(c) An appeal must be filed within the specified time limit with the planning division
on a form prescribed by the county. All such appeals shall recite the reasons such
an appeal is being taken. The appeal should identify: the error alleged; the
ordinance allegedly improperly interpreted or the requirement decision or order
allegedly improperly issued; the land development regulations supporting the
applicant's position; and the goals, objectives and/or policies of the
comprehensive plan supporting the applicant's position. The appeal shall be
accompanied by a fee to be determined by resolution of the board of county
commissioners. The community development director shall schedule the appeal at
the earliest available meeting of the planning and zoning commission.
(d) Notice of the appeal, in writing, shall be mailed by the planning division to the
owners of all land which abuts the property upon which an appeal is sought, at least
seven (7) days prior to the hearing. The property appraiser's address for said owners
shall be used in sending all such notices. The notice shall contain the name of the
applicant for the appeal, a description of the land sufficient to identify it, a
description of the appeal requested, as well as the date, time and place of the hearing.
(4) Action by the planning and zoning commission; findings of fact. At the hearing scheduled
for the purpose of considering the appeal, the planning and zoning commission may, in
conformity with the provisions of law and these land development regulations, uphold,
development director or his designee from whom the appeal is taken. In reviewing an
appeal of a decision by the community development director or his designee, the planning
and zoning commission must make findings in the following areas:
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(e) All appeals
shall
be
heard
at a meeting
of
the planning
and
zoning
commission.
All interested
parties
shall
have
a right to
appear
before the
planning
and
zoning
commission
and
address
specific
concerns
directly
related
to the
appeal.
Any
in
person may
appear
by
agent
or attorney.
All
such
hearings
shall
be
conducted
compliance
with
the
rules
of procedure
for
the planning
and
zoning
commission.
The time and
place
scheduled
for
hearing
shall be
given to
the applicant
in writing
(4) Action by the planning and zoning commission; findings of fact. At the hearing scheduled
for the purpose of considering the appeal, the planning and zoning commission may, in
conformity with the provisions of law and these land development regulations, uphold,
development director or his designee from whom the appeal is taken. In reviewing an
appeal of a decision by the community development director or his designee, the planning
and zoning commission must make findings in the following areas:
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ORDINANCE NO.2002-004
(b) Did the reviewing
the
reviewing official
official
or commission
(a) Did the
reviewing
official
fail to follow the appropriate
application
apply the
review
procedures?
respect to
(b) Did the reviewing
the
reviewing official
official
or commission
fail
fail
to
properly
application
apply the
with
use or size and
respect to
the
comprehensive
dimension
regulations
development
for the respective
Indian
zoning
district(s)?
(c) Did the reviewing official fail to consider adequately the effects of the proposed
development upon surrounding properties, traffic circulation or public health,
safety and welfare?
(d) Did
the
reviewing official
fail
to evaluate
the
application
with
respect to
the
comprehensive
plan
and land
development
regulations of
Indian
River County?
The decision of the planning and zoning commission shall be final unless further
appealed. Not withstanding findings (a) through (d) above, the planning and zoning commission
may make additional findings of fact.
(5) Further appeals from actions by the planning and zoning commission. At any time within
tori. ��twenty-ane 21 idays following action by the planning and zoning
commission, the applicant, the county administration, or any department thereof, or any
other person whose substantial interests may be affected by the proceeding may seek
review of such decision by the board of county commissioners. The decision of the board
of county commissioners shall be final. At the hearing scheduled for the purpose of
considering an appeal of the planning and zoning commission's action, the board of
county commissions may, in conformity with the provisions of law and these land
development regulations, uphold, amend, or reverse wholly or partly, the decision by the
planning and zoning commission which is being appealed. Appeals of
planning and zoning commission decisions to deny rezoning_ applications are regulated in
section 902.12. All other types of appeals to the Board of County Commissioners shall be
followed in accordance with the same provisions of appeal procedures to the planning
and zoning commission, section 902.07(3), and the Board of County Commissioners shall
review the appeals with respect to the findings criteria of section 902.07(4). Any action
by the board of county commissioners reversing a planning and zoning commission
decision shall require three (3) affirmative votes.
(6) Effect of filing an appeal. The filing of an appeal shall terminate all proceedings which
further the action appealed until the appeal is resolved, except when the halting of such
action poses a threat to life or property. The planning and zoning commission shall make
this determination. Notwithstanding this provision, proceedings involving review of a
development application may proceed when an appeal of an administrative decision has
been filed and will be considered concurrent with the development application request.
(7) Transmittal of the record. Staff shall forthwith compile and transmit to the planningland
zoning commission all information documented which constitutes the record of action
from which the appeal is taken."
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ORDINANCE NO. 2002-004
(Ord. No. 90-16, § 1, 9-11-90; Ord. No. 91-7, § 2, 2-27-91; Ord. No. 93-29, §§ 8A5 8B9 9-7-93)
2. SITE PLAN APPEALS [914.06(6)]
LDR Section 914.06(6) is hereby amended to read as follows:
"(6) Planning and zoning commission decision. The planning and zoning commission shall
consider each site plan application scheduled for consideration by the TRC and shall base
its decision on the use, size and dimension regulations for the respective zoning district,
the site review standards established herein and all other applicable land development
regulations, and comprehensive plan policies. The planning and zoning commission may
impose conditions on-site plan approval which ensure compliance with all applicable land
development regulations and comprehensive plan policies.
(a) All site plan application decisions of the planning and zoning commission for uses
not requiring special exception approval are final unless appealed in accordance
with the provisions of Section 914.13 and 902.07."
3. SITE PLAN APPEALS [914.13]
LDR Section 914.13, appeals of decisions regarding site plans, is hereby amended to read as
follows:
"Appeals of site plan decisions rendered by the community development director or by
the technical review committee (TRC) may be made in accordance with the provisions of section
902.07, "Appeals from decisions of the community development director or his designee".
Appeals of planning and zoning commission site plan decisions may be filed by:
(1) The applicant;
(2) County administration;
(3) Any aggrieved person
or group with
an interest
that
will
be affected
by the
project.
An appeal of a planning and zoning commission decision on a site plan must be filed with
the community development department within twenty-one (21) ting days of the
meeting wherein the decision appealed was rendered. Upon receipt of an appeal from the
appellant, the county administrator will place the site plan application and all recommendations
on the agenda of a regularly scheduled meeting of the board of county commissioners for
consideration within thirty (30) days. The board of county commissioners will conduct a de novo
hearing. The procedures of section 902.07 (3) shall apply and the Board of County
Commissioners shall make findings with respect to the criteria of section 902.07(4).Any
appellant must receive three (3) affirmative votes from the board of county commissioners to
prevail in the appeal."
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ORDINANCE NO. 2002-004
4. PRELIMINARY PLAT APPEALS [913.07(4)(G)]
LDR Section 913.07(4)(G) is hereby amended to read as follows:
"(G) The Board of County Commissioner's consideration of appeals of planning and
zoning commission preliminary plat decisions. An appeal may be filed by:
(1) The applicant;
(2) County administration;
(3) Any aggrieved
person or group with
an interest
that will be affected by the
project.
An appeal of a decision on a preliminary plat must be filed with the community development
department within twenty-one (21) to "n` wer- inn days of the meeting wherein the decision
appealed was rendered. Upon receipt of an appeal from the applicant, the county administrator will
place the preliminary plat application and all recommendations on the agenda of a regularly
scheduled meeting of the board of county commissioners for consideration within thirty (30) days.
The board of county commissioners will conduct a de novo hearing. The procedures of section
902.07(3.) shall apply and the Board of County Commissioners shall make finding with respect to
the criteria of section 902.07(4). Any appellant must receive three (3) affirmative votes from the
board of county commissioners."
5. APPEALS OF PLANNING AND ZONING COMMISSION REZONING APPLICATION
DENIALS [902.12(4)(d) & (e)]
LDR Section 902.12(4)(d) and (e) are hereby amended to read as follows:
" (d) Appeals of decisions by the planning and zoning commission to deny a rezoning
application. Any applicant who is aggrieved by a decision of the county planning and zoning
commission regarding denial of a rezoning application may file a written notice of intent to appeal
the county planning and zoning commission decision with the director of the community
development department, the chairman of the county planning and zoning commission, and the
chairman of the board of county commissioners. Such appeal must be filed within fifteen (15)
twenty-one (21) days of the decision of the county planning and zoning commission.
(e) Action by the Board of County Commissioners. Upon receipt of the recommendations
from the county planning and zoning commission, or upon receipt of a written notice of of intent
to appeal, the Board of County Commissioners shall consider the proposed change, amendment or
rezoning application and appeal within forty-five (45) days of the submission of said
recommendations or written notice of intent to appeal, at an advertised public hearing as required
by F.S. 125.66. An appeal of a denial of a rezoning application shall be heard de novo.
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ORDINANCE NO. 2002-004
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.
7. 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.
8. 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.
9. Effective Date
Commissioner Caroline
6. 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 the Indian River County which conflict with the provisions of this
ordinance are hereby repealed to the extent of such conflict.
7. 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.
8. 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.
9. Effective Date
This ordinance was advertised in the Vero Beach Press -Journal on the 30`h day of January ,
2002, for a public hearing to be held on the 12`h day of February , 2002, at which time it was
moved for adoption by Commissioner Macht , seconded by Commissioner Ginn , and
adopted by the following vote:
The ordinance was adopted by a vote of.
Chairman Ruth M. Stanbridge
Vice Chairman John W. Tippin
Commissioner Kenneth R. Macht
Commissioner Caroline
D. Ginn
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 30`h day of January ,
2002, for a public hearing to be held on the 12`h day of February , 2002, at which time it was
moved for adoption by Commissioner Macht , seconded by Commissioner Ginn , and
adopted by the following vote:
The ordinance was adopted by a vote of.
Chairman Ruth M. Stanbridge
Vice Chairman John W. Tippin
Commissioner Kenneth R. Macht
Commissioner Fran B. Adams
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Commissioner Caroline
D. Ginn
Commissioner Fran B. Adams
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ORDINANCE NO. 2002-004
The Chairman thereupon declared the ordinance duly passed and adopted this 12"' day of `-
Februar,�_, 20020 r s 1' A
I
BOARD OF COUNTY COMMISSIONERS,„0'
OF INDIAN RIVER COUNTY`'
Attest: J.K. Barton, Cl
. ,, u
By:
Deputy Clerk Ruth M. Stanbridge, Chairman A%�';�'
:�
Filed with the Florida Department of State on the day of +,
2002.
0s, MA, /v
WI Liam G. Collins
Deputy County Attorney
Community Development
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