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HomeMy WebLinkAbout1984-02INDIAN RIVER COUNTY ORDINANCE NO. 84- 2 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA AMENDING ORDINANCE NO.71-3, AS AMENDED, APPENDIX "A" OF THE CODE OF LAWS OF INDIAN RIVER COUNTY, KNOWN AS THE ZONING CODE, SECTION 23 (h) REGARDING SITE PLAN APPROVAL TIME LIMITATIONS AND TRANSFER; PROVIDING FOR THE EXPIRATION OF SITE PLANS AFTER TWELVE MONTHS; EXTENSIONS OF TIME; TERMINATION OF APPROVALS FOR PROJECTS WHICH HAVE BEEN ABANDONED OR SUSPENDED; TRANSFER OF SITE PLAN APPROVAL UPON DISCLOSURE; REPEAL OF CONFLICTING PROVISIONS; INCORPORATION IN CODE; SEVERABILITY; EFFECTIVE DATE. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that: SECTION 1 Paragraph (h) of Section 23 of Appendix "A" of the Code of Laws and Ordinances of Indian River County, Florida, known as the Zoning Code, is hereby amended to read as follows: (h) Validity of Site Plan Approval (1) Time Limits (A) All site plan approvals shall terminate and become null and void automatically without notice if construction has not commenced within twelve (12) months from the date of approval unless extended for good cause by the Board of County Commissioners for a period not to exceed twelve (12) months. All requests for extensions must be in writing on a form supplied by the County and received by the County prior to expiration of the site plan. For the purposes of this paragraph, construction will have commenced when the developer has built a portion of a struc- ture shown on the plan (e.g. the pouring of footers), or has made substantial improvements to the site, other than land clearing, filling or grading, in accordance with the approved site plan, evidencing a good faith effort to diligently pursue construction to completion. (B) In cases where construction has commenced according to paragraph 1 of this section, the site plan approval shall terminate and become null and void after notice and hearing by the Board of County Commissioners if construction is then abandoned or suspended. For the purposes of this paragraph, construction shall be considered abandoned or suspended if at the -1- hearing it is shown that an active building permit has not been maintained for the construction of a structure in accordance with the approved plan or it is shown to the satisfaction of the Board of County Commissioners that construction at a level indicating a good faith effort to proceed with the completion of the project has not occurred for a continuous period of six (6) months, unless the inactivity is attributable to the deliberate and scheduled phasing of a multi -phase project which has been approved as such by the County. This subsection shall not operate to invalidate any site plan prior to the end of the initial twelve (12) month period or any authorized extension thereof. (2) Transfer of Site Plan Approval (A) A site plan approval shall run with the land and shall transfer to a successor in interest to the original i applicant upon written disclosure of such transfer to the Planning and Development Division as to the identity of the successor. The disclosure shall provide the full legal name of,the person or business entity acquiring the interest in the property, the nature of the interest, the address of the principal place of business of the successor, telephone number, name and address of registered agent if corporation, name, address and title of officers or agents authorized to transact business with the County, together with proof of authorization if other than president or vice presi- dent or general partner, and the name and address of any new design professional for the project. A transferee developer must also assume in writing on a form acceptable to the County Attorney all commitments, responsibilities, and obligations of the prior developer, including all special conditions of site plan s approval. (B) Failure to make the required disclosure and assumption shall suspend all site plan and zoning approvals until such time as proper disclosure and assumption is made. (C) Transfer of site plan approval shall not toll or modify the calculation of time limits set forth in paragraph 1 of this section with respect to commencement or abandonment of construction and following any transfer, such time limits shall be -2- calculated as if the transfer had not occurred. (D) This provision does not relate to any transfer of space, units, buildings, or property, to a transferee which intends to occupy the property only after issuance of a Certificate of Occupancy, unless the transferee is the successor developer, nor to the creation or transfer of a non -possessory lien or encumbrance. SECTION 2 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 Indian River County and which conflict with the provisions of this ordinance are hereby repealed to the extent of such conflict. SECTION 3 INCORPORATION IN CODE 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 relettered to accomplish such intentions. SECTION 4 SEVERABILITY If any section, part of a sentence, paragraph, phrase or word of this ordinance is for any reason held to be unconstitu- tional, 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 uncon- stitutional, invalid or inoperative part. SECTION 5 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 -3- Department of State. Approved and adopted by the Board of County Commissioners of Indian River County, Florida on this 8th day of February , 1984. • BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY / By DON C. SC LOCK, JR Chairman Acknowledgment by the Department of State of the State of Florida this 16th day of February , 1984. Effective Date: Acknowledgment from the Department of State received on this 21st day of February , 1984, at 10:00 A.M./P.M. and filed in the Office of the Clerk of the Board of ounty Commissioners of Indian River County, Florida. APPROV FO �ANR LEGA F� I NC By RY B A ENBURG, County Attorney 0 -4-