HomeMy WebLinkAbout1983-02INDIAN RIVER COUNTY ORDINANCE NO. 03-2
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA; AMENDING INDIAN
RIVER COUNTY ORDINANCE NO. 71-3; MODIFYING THE
DEFINITION OF STRUCTURE TO EXCLUDE RESIDENTIAL
DRIVEWAYS UNDER CERTAIN PRESCRIBED CONDITIONS;
PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND
ORDINANCES; SEVERABILITY AND EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that:
SECTION 1
Ordinance No. 71-3 Section 2, paragraph referenced as
"Structures" is hereby amended to read:
,
Anything constructed or erected, the use of which
requires a permanent location on the ground or is attached to
something having a permanent location on the ground.
Provided, however, that paved driveways serving as the
primary access to a dwelling unit shall not be considered a
structure if the driveway is:
a. A minimum of five (5') feet from the nearest side
lot line at the point of intersecting the right-of-way,
b. Constructed not less than two (2') feet from the
side lot line,
C. Constructed in such a manner as to prevent the
discharge of stormwater runoff to adjacent property, unless
stormwater is directed to legal positive outfall,
d. Constructed upon any portion of the side yard and it
serves as a means of ingress and egress to a side or rear yard
facing garage or carport, and is not designed to store or park any
vehicles upon that portion within the side yard.
e. Constructed to extend into any county or private
right-of-way or utility easement if the builder shall have first
received a right-of-way or utility permit from the Public Works
Division or the Utilities Division, respectively, provided that no
concrete or asphalt driveway shall be constructed in any
right-of-way where the street is unpaved.
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SECTION 2
INCORPORATION OF ORDINANCE IN COUNTY CODE.
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 relettered to accomplish
such intentions.
SECTION 3
SEVERABILITY
In the event any section, paragraph or phrase of this
Ordinance is declared invalid by a court of competent jurisdic-
tion, such section, paragraph or phrase shall be deemed a separate
provision of this Ordinance and shall not affect the validity of
other parts of this Ordinance.
SECTION 4
EFFECTIVE DATE
The provisions of this Ordinance shall become effective
upon receipt from the Florida Secretary of State of official
acknowledgment that this Ordinance has been filed with the
Department of State.
Approved and adopted by the Board of County
Commissioners of Indian River County, Florida this 5th day of
January , 1983.
INDIAN RIVER COUNTY BY ITS
BOARD OF COUNTY COMMISSIONERS
By
RICHARD N. BIRD
Chairman
Acknowledgment by the Department of State of the State of Florida
this 24th day of January , 1983.
Effective Date: Acknowledgment from the Departm��Q�p f State
received on this 28th day of January , 1983, aL A.M./P.M. and
filed in the office of the Clerk of the Board of oun y
Commissioners of Indian River County, Florida.
APPROVED AS TO FORM ND
LEGAL ,I ;N.By /'A Y M. ANG, County Attorney
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STATE OF FLORIDA
INMA�`! P.I \'Ei: COUNTY
lHiS IS TO CE211FY THAT THIS IS
A C,;,;,..CT COPY OF
C:1 FILE IN THIS
0"ri 1C c.
/�
FRLDA WPI HT, CLERK
0
BY . D.C.
DATE /' a/- 55-3
ORDINANCE NO. 83-3
WHEREAS, the Board of County Commissioners of Indian River
County, Florida, did publish and send its Notice of Intent to
rezone the hereinafter described property and pursuant thereto
held a public hearing in relation thereto, at which parties in
interest and citizens were heardf NOW, THEREFORE,
BE IT ORDAINED by the Board of County Commissioners of
Indian River County, Florida, that the Zoning Ordinance of
Indian River County, Florida, and the accompanying Zoning Map,
be amended as follows:
1. That the Zoning Map be changed in order that the
following described property situated in Indian River
County, Florida, t., -wit:
West 1/2 of Tract 1430A and East 32' of Tract
1429A, Township 31 South, Range 37 East, Fellsmere
Farms Company Subdivision, and recorded in Plat
Book 2, Page 2, Public Records of St. Lucie County,
Florida. Said lands now lying and being in Indian
River County, Florida.
AND ALSO
East 1/2 of Tract 1463 less East 70' and less North
153', Township 31 South, Range 37 East, Fellsmere
Farms Company Subdivision, and recorded in Plat Book 2,
Page 2, Public Records of St. Lucie, County, Florida.
Said lands now lying and being in Indian River. County,
Florida.
Be changed from C-1, Commercial to A, Agricultural.
All with the meaning and intent and as set forth
and described in said Zoning Regulations.
Approved and adopted by the Board of County Commissioners
of Indian River County, Florida on this 5th day of January ,1983.
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RRIIVERR COUNTY
By ClCNIc mak" %f�'
RICHARD N. BIRD
Chairman
Acknowledgment by the Department of State of the State of Florida
this 12th3ay of January , 1983.
Ordinance No. 83-3
Page 2
Effective Date: Acknowledgment from the Department of State
received on this 18th day of January 1983, at 10:00 A.M./P.M.
and filed in the Office of the Clerk of the Board of County
Commissioners of Indian River County, Florida.
APPROVEK KS TO
LEGAL FICI,4
By
Attor
STATE OF FLORIDA
INDIAN RIVER COUNTY
THIS IS TO CERTIFY THAT THIS IS
A TRUE AND CORRECT COPY OF
THE ORIGINAL ON FILE IN THIS
OFFICE.
FREDA WRI;.;HT, CLERK
BYgtjF D.C.
DATE