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HomeMy WebLinkAbout1976-120 INDIAN RIVER COUNTY ORDINANCE NO. 76 - 12 BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA: SECTION 1: Short Title: This Ordinance shall be known and may be cited as the INDIAN RIVER COUNTY COMPREHENSIVE PLANNING ORDINANCE OF 1976 SECTION 2: Intent and Purpose: A. It is the purpose of this Ordinance to utilize and strengthen the existing role, processes, and powers of local government in the establishment and implementation of compre- hensive planning programs and to guide and control future development. B. It is the intent of this Ordinance that its adoption is necessary so that this County Government can preserve and enhance present advantages; encourage the most appropriate use of land, water, and resources consistent with the public interest; overcome present handicaps; and deal effectively with future problems that may result from the use and development of land with the County's jurisdiction. Through the process of comprehensive planning, it is intended that the County can preserve, promote, and improve the public health, safety, comfort, good order, appearance, con- venience, law enforcement and fire prevention, and general welfare; prevent the overcrowding of land and avoid undue concentration of population; facilitate the adequate and efficient provision of transportation, water, sewerage, schools, parks recreational facilities, housing and other requirements of services; and conserve, develop, utilize and protect natural resources within the County's jurisdiction. C. It is the intent of this Ordinance to improve the physical environment of this County as a setting for human activities - to make it more functional, beautiful, decent, healthful, interesting and efficient. (1) To facilitate the democratic determination and implementation of County policies on physical development. i (2) To effect political and technical coordination in County development. (3) To inject long-range considerations into the determination of short-range actions. (4) To bring professional and technical knowledge to bear on the making of political decisions concerning the physical development of the County. (5) To promote public interest, while maintaining, if possible, a balance between the interest of the County at large, and the interests of individuals or special groups within the County. D. It is the intent of this Ordinance to encourage and assure cooperation between and among municipalities and counties and to encourage and assure coordination of planning and development activities of units of local government with the planning activities of regional agencies and the state government in accord with applicable provisions of law. E. It is the intent of this Ordinance that the adopted comprehensive plan (s) shall have the legal status set out in this Ordinance. As part of the rezoning process each county board or commission shall be guided by this Ordinance prior to approving any rezoning request. F. It is the intent of this Ordinance that the Comprehensive Land Use Plan for Indian River County which is incorporated into this Ordinance, is not a constitution but is a guide only to the most compatible, least disruptive, uses of land on a broad, general basis without in some cases considering the present use of lands included therein. A broad brush approach was used with the intent that lines between land uses not be interpreted as being permanently fixed or located. The Plan is not ultimately definitive. It is simply a gauge for determining the optimum desirable development under presently known resources. G. It is further the intent of this Ordinance to encourage and assure cooperation and coordination between and among municipalities and the County, and to encourage and assure -2- M coli ,a tion of planning and deveZuPmer?= activities of units of local government with the planning activities of regional agencies and state government in accord with applicable provisions of law. Nothing in this Ordinance shall be intended or interpreted to mean that the planning, zoning or other tools to control growth or the Comprehensive Master Plans of Municipalities in Indian River County or the appointed Boards of Municipalities whose duty it is to develop or effectuate these functions shall be superceded or override local government plans, ordinances, functions or decisions. Only when a local unit of government by ordinance may transfer specific planning functions to the County may the County take over those functions, only then by mutual consent of both governing bodies. SECTION 3: Adoption: The Comprehensive Plan for Indian River County, Florida as originally prepared by Adley and Associates, Inc. and thereafter amended is hereby adopted as the Comprehensive Plan for Indian River County, Florida. SECTION 4: Contents: The Comprehensive Plan for Indian River County, Florida consists of the following: (1) Goals and Objectives: a. Living Objectives. b. Ecomomic Objectives (c) Basic Elements a. Population Analysis & Projections b. Economics Study C. Existing Land use d. Environmental Study e. Initial Housing Element f. Neighorbood Analysis I & II g. Public Facilities & Recreation h. Public Improvement Programs i. Central Business District & Commercial Area Analysis j. Major Thoroughfare Plan k. Annexation Study & Program 1. Potential Reuse of Defunct Subdivisions (3) Plan Elements a. Comprehensive Land Use Plan for Indian River County -3- b. Composite Land Use & Transportation Plan C. Conceptual Land Use Sketch Plan d. Low & Moderate Cost housing e. Impact Zoning Procedures f. Management Systems Report g. Zoning Review h. Summary Report i. Growth Policy The Official Comprehensive Plan for Indian River County, including Map, goals and objectives, Basic elements and Plan elements as above outlined are incorporated herein by specific reference. The official copy of the Comprehensive Land Use Plan and these reports and documents have been filed with the Clerk of the Circuit Court of Indian River County, Florida, and are part of the official records of the Indian River County Board of County Commissioners. SECTION 5: Legal Effect: The Indian River County Comprehensive Plan shall provide an official guide and be an advisory planning tool only, and in and of itself shall not be construed to regulate or control the use of private property in any way, except as to such part thereof as has been duly enacted by a zoning, plat or other specific ordinance. It is intended that this Ordinance and its incorporated parts shall be used as an interim stepping stone to complete compliance with the Local Government Comprehensive Act of 1975. SECTION 6: Revision and Amendments: A. At least once each year prior to the 1st day of March, the Land Use Plan element of the Indian River Comprehensive Plan shall be reviewed by the Indian River County Zoning Commission to determine whether changes in the amount, kind or direction of development in the County, or other factors make it beneficial to make additions or amendments to the Plan. B. In making additions or amendments, the Zoning Commission shall seek an equitable fusion of economics, political considerations and preservation of essential natural qualities recognizing that growth in itself is neither destructive nor undesirable; however, its desirability is to be measured by its quality, its cost - both direct and indirect - to the public, and its impact on the environment. The Commission shall seek a balance between public -4- f s,. concern and private interests and harmony between man and nature. Other elements may be reviewed as needed. C. Any person may submit a petition to the Indian River County Zoning Commission at any time to amend the Comprehensive Plan. All such petitions shall be reviewed and considered by the Zoning Commission at its annual review of the Comprehensive Plan. D. Should the Zoning Commission determine that revisions or amendments are needed, a public hearing, duly noticed by publication once in a newspaper of county -wide circulation at least fifteen (15) days prior to the hearing, shall be held prior to approval by the Zoning Commission. E. Should the Zoning Commission approve revisions or amend- ments, the Commission shall forward the same to the Board of County Commissioners of Indian River County, which Board may amend or revise this Ordinance after holding a public hearing pursuant to law. SECTION .7: Intergovernmental Cooperation: In the exercise of the powers covered by this Ordinance, planning and zoning commissions, governmental or administrative bodies of this County and cities within the County, may cooperate, coordinate or integrate any activity, for the purpose of coordinating and integrating the planning and zoning of the county and cities. SECTION 8: Density Definitions: Wherever density is mentioned in the Comprehensive Land Use Plan or in any element of the overall plan, the following density shall apply: (a) Low density shall mean 0 through 4 units per acre. (b) Medium density shall mean more than 4 units per acre, but less than 12 units per acre. (c) High density shall mean 12 units per acre, but not more than 15 units per acre. SECTION 9: Effective Date: This Ordinance shall become effective on the 14th day of June, 1976. a