HomeMy WebLinkAbout1985-46INDIAN RIVER COUNTY ORDINANCE NO. 8S-46
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN
RIVER COUNTY, FLORIDA, AMENDING APPENDIX A OF THE CODE OF
LAWS AND ORDINANCES, KNOWN AS THE ZONING CODE, ESTABLISHING
DECISIONMAKING AND ADMINISTRATIVE BODIES AND ADMINISTRATIVE
PROCEDURES BY 1) REPEALING SECTION 26, "BOARD OF ADJUSTMENT
AND APPEALS", AND SUBSTITUTING "DECISIONMAKING AND ADMINIS-
TRATIVE BODIES"; 2) REPEALING SECTION 27 "ZONING AMEND-
MENTS", AND SUBSTITUTING "ADMINISTRATIVE PROCEDURES"; AND 3)
REPEALING SECTION 29(C) "PLANNING COMMISSION": AND PROVIDING
FOR THE REPEAL OF CONFLICTING ORDINANCES, AS WELL AS CODI-
FICATION, SEVERABILITY, AND EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN
RIVER COUNTY, FLORIDA that:
SECTION 26: DECISION14AKI14G AND ADMINISTRATIVE BODIES
SECTION 1
Section 26, entitled "Board of Adjustment and Appeals', is hereby repealed and a
new Section 26, entitled "Decisionmaking and Ad-inistrative Bodies", is hereby
substituted in place thereof and shall read as follc.s:
26 A. Legislative Powers and Duties of the Board Of Count' Ccmaissieners
Under these Zoning Ordinance regulations, the Board of Covnty umm iSSign-
ers of Indian River County shall have the follc+,rina duties and powers:
1. To consider and adopt; consider, amnend and adopt, or consider and
reject adoption of these Zoning Ordinance regulations.
2. To consider and adopt; consider, amend and adopt; or- consider and
reject proposed amendments to these Zoning Ordinance regulations,
including rezonings.
3. To consider and repeal or consider and partially repeal these Zoning
Ordinance regulations.
4. To establish fees, charges, and expenses irposed by these Zoning
Ordinance regulations.
5. To consider and make decisions regarding special exception uses.
6. To hear and take action regarding appeals of decisions regarding site
plans and uses requiring administrative permits when required to do
SO.
7. To enforce the Zoning Ordinance regulations, provisions and re-
strictions, including taking appropriate administrative and legal
action.
8. To appoint and confirm members of the Planning and Zoning Commission,
the Board of Zoning Adjustment, and any other Board or Committee as
now or may be required by the Zoning Ordinance.
9. As provided in Section 171.062, Florida Statutes, the Board of County
Commissioners is granted authority to review applications for rezon-
ings in areas which have been annexed for a period of two (2) years
from the effective date of the annexation in order to evaluate
whether or not such applications are consistent with the Indian River
County Comprehensive Plan, the Zoning Ordinance, and the density and
intensity limitations established therein. No such application shall
be lawful which increases the density or intensity of development, as
allowed by County regulations, unless approval is granted by the
Board of County Commissioners.
26 B. Planning and Zoning Commission.
I. Establishment, Composition, Terms, Meetings.
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TABLE OF CONTENTS
SECTION 26: DECISIONMAKING AND ADMINISTRATIVE BODIES
Page
SECTION1............................................................... 1
26 A. Legislative Powers and duties of the Board of
County Commissioners.......................................... 1
26 B. Planning and Zoning Commission................................ 1
1. Establishment, Composition, Terms, Meetings .............. 1
a. Establishment....................................... 2
b. Membership.......................................... 2
C. Terms of Office ..................................... 2
d. Removal from Office ................................. 2
e. Vacancies........................................... 2
f. Compensation........................................ 2
g. Rules of Procedure.................................. 2
h. Meetings............................................ 2
2. Function, Powers and Duties of the Planning and Zoning
Commission ............................................... 2
a. Prepare Principles and Policies ..................... 2
b. Prepare Ordinances.................................. 2
C. Recommendations Regarding Corpr-ehensive
Plan Amendments..................................... 2
d. Recommendations Regarding Rezonings ................. 3
e. Consider Proposed Developments ...................... 3
f. Advise Regarding Planning ........................... 3
g. Conduct Public Hearings ............................. 3
h. Decisions Regarding Site Plans ...................... 3
i. Review Special Exception Uses ....................... 3
j. Decisions on Uses Requiring Administrative Permits .. 3
k. Special Studies..................................... 3
1. Other............................................... 3
26 C. Board of Zoning Adjustment.................................... 3
1. Establishment, Appointment, Terms, Meetings .............. 3
a. Establishment....................................... 3
b. Composition......................................... 3
C. Terms of Office; Removal ............................ 4
d. Vacancies........................................... 4
Page
e. Compensation ........................................ 4
f. Meetings ............................................ 4
2. Functions, Powers, and Duties of the Board of
ZoningAdjustment ........................................ 4
a. Hear• Appeals ........................................ 4
b. Interpretation ...................................... 4
C. Granting of Variances ............................... 4
SECTION 27: ADMINISTRATIVE PROCEDURES
SECTION2............................................................... 5
27 A. Amendments to the Zoning Ordinance and Official Zoning Atlas .. 5
I. Purpose and Intent ....................................... 5
2. Changes and Amendments ................................... 5
3. Standards of Review ...................................... 5
4. Amendment Procedures ..................................... 5
a. Application Forte and Content ........................ 6
i. Legal Description; Boundary Surrey ............. 6
ii. Statement of Verification 6
iii. Fees 6
iv. Application Time Limitations ...................
b. Staff Review ........................................ 6
i. Published Notice Require-!ent ................... 6
ii. Mailed Notice; Posted Notice 6
iii. Failure to Provide Nailed Notice ............... 1
C. Action by Planning and Zoning Cc, -mission ............ 7
d. Appeals of Decisions by Planning and
Zoning Commission ................................... 7
e. Action by the County Commission ..................... 7
f. Amendments Affecting less Than Five (5`l.) Percent
of the Land Area .................................... 7
g. Amendments Affecting Five (5%) Percent or, More of
Total Land Area ..................................... 8
5. Time for Reapplying ...................................... 8
6. Interim Zoning ........................................... 8
27 B. Variance from the Terms of Zoning Ordinance ................... 8
1. Purpose and Intent ....................................... 8
2. Approving Authority ...................................... 8
3. Type of Variance to be Allowed ........................... 8
4. Unauthorized Variances ................................... 8
a. Use Variances ....................................... 8
27 C.
b. Special Exceptions ..................................
C. Uses Requiring Administrative Permit ................
d. Nonconforming Uses ..................................
e. Definitions .........................................
f. Density .............................................
g. Consistency .........................................
5. Procedures ...............................................
a. Applicant ...........................................
b. Filing of Variance Application; Pay ent of Fee ......
i. Specific Regulation involved ...................
ii. Variance Sought ................................
iii. Grounds ........................................
iv. Other Information ..............................
C. Administrative Reco-r:endaticn Filed .................
d. Public Hearings; Notice .............................
6. Review by the Board of Zoning Adjust-ent .................
a. Criteria for Granting Variances .....................
i. Special Condition ..............................
ii. Action of Applicant ............................
iii. Special Privilege ..............................
iv. Unnecessary Hardship ...........................
V. Minimum Variance Necessary .....................
vi. Purpose and Intent Compliance ..................
vii. Detriment to Public Welfare ....................
viii.Reasonable Use .................................
b. Prohibited Consideration ............................
C. Restrictions, Stipulations and Safeguards ...........
7. Decision .................................................
8. Time Limitations .........................................
9. Judicial Relief Available ................................
Appeals from Decisions of Administrative Officials ............
1. Purpose and Intent .......................................
2. Authorization ............................................
a. Generally ...........................................
b. Scope of Authority Upon Appeal ......................
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27 D.
C. Vote Required .......................................
3. Appeal Procedures ........................................
a. Initiation ..........................................
b. Time Limit for Filing ...............................
C. Filing of Appeal; Fees ..............................
d. Public Hearing; Notice ..............................
4. Action by the Board of Zoning Adjustment;
Findings of Fact .........................................
5. Further Appeals from Action by the Board of
Zoning Adjustment ........................................
6. Effect of Filing an Appeal ...............................
7. Transmittal of Record ....................................
Uniform Public Hearing Procedures .............................
1. Setting the Hearing ......................................
2. Examination and Copying of Application and
Other Documents ..........................................
3. Conduct of the Hearing ...................................
a. Rights of All Persons ...............................
b. Rights of Parties ...................................
C. Appearance, Withdrawal and Continuations ............
i. Failure to Appear ..............................
ii. Withdrawal .....................................
iii. Continuation for Further Study .................
iv. Continuation Due to Modification ...............
4. Record of the Hearing ....................................
a. Record ..............................................
5. Action by Decisionmaking Body ............................
a. Time ................................................
b. Decisions in Writing ................................
6. Notification of Decision .................................
SECTION3...............................................................
SECTION 4
INCORPORATION IN CODE ..............................................
SECTION 5
SEVERABILITY.......................................................
SECTION 6
EFFECTIVE DATE .....................................................
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a. Establishment.
There is hereby created a Planning and Zoning Commission for
Indian River County, Florida.
b. Membership.
The Planning and Zoning Commission shall be composed of five (5)
members, appointed for four year terms by the Board of County
Commissioners of Indian River County, by resolution; the term
for each Planning and Zoning Commissioner shall run concurrently
with the terms of the Board of County Commission member respon-
sible for that Planning and Zoning Commissioner's nomination.
C. Removal from Office.
Any member of the Planning and Zoning Commission may be subject
to removal from office by a three-fifths vote of the Board of
County Commissioners.
d. Vacancies.
Vacancies shall be filled by appointrent by the Board of County
Commissioners for the unexpired ten of any member whose seat
becomes vacant.
e. Compensation.
The Indian River County Planning and Zoning Comn'ssion members
shall serve without co-pensation but shall be paid actual
expense which expenses shall not exceed allowances as prescribed
by state law.
f. Rules of Procedure.
Indian River County Planning and Zoning Ccr-mission shall orga-
nize, adopt rules, and perform its duties as called for by this
ordinance.
g. Meetings.
Meetings shall be at the call of the chairman or vice-chairman
or at such times as a majority of the members may determine.
The chairman, vice-chairman or any acting chairman may adminis-
ter oaths and compel the attendance of witnesses. All meetings
shall be open to the public. Three (3) members shall constitute
a quorum, and a majority vote of those present shall determine
any issue before the Planning and Zoning Commission.
2. Function, Powers and Duties of the Planning and Zoning Conmission.
The functions, powers and duties of the Planning and Zoning Commis-
sion shall be, in general:
a. Prepare Principles and Policies.
To prepare and recommend principles and policies for guiding the
development of Indian River County.
b. Prepare Ordinances.
To prepare and recommend ordinances and amendments to ordinances
which are designed to promote orderly development and implement
the Indian River County Comprehensive Plan.
C. Recommendations Regarding Comprehensive Plan Amendments.
To consider whether or not any proposed amendments to the Indian
River County Comprehensive Plan are consistent with the overall
growth management goals and objectives of the County, and to
make recommendations regarding all such amendments to the Board
of County Commissioners.
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d. Recommendations Regarding Rezonings.
To consider whether or not any proposed rezoning requests are
consistent with the Indian River County Comprehensive Plan and
make recommendations regarding all rezonings to the Board of
County Commissioners.
e. Consider Proposed Developments.
To consider whether or not specific proposed developments
including subdivisions and planned developments conform to the
principles and requirements of this Ordinance and the Comprehen-
sive Plan and to make recommendations based thereon.
f. Advise Regarding Planning.
To keep the Board of County Counjissioners and the general public
informed and advised on matters relating to planning.
g. Conduct Public Hearings.
To conduct such public hearings as may be required to gather
information for the drafting, establishment and maintenance of
the various components of the Cc=7prehensive Plan, and such
additional public hearings as are specified under the provisions
of this Ordinance.
h. Decisions Regarding Site Plans.
To review and make decisions regarding applications for site
plan approval.
i. Review Special Exception Uses.
To receive, hear, and investigate petitions for special excep-
tion uses under this Ordinance and, if the facts and conditions
required by this Ordinance for the approval of such uses are
found to be present, to reccrr,erd to the Board of County Commis-
sioners that the petition be granted.
j. Decisions on Uses Requiring Administrative Permits.
To consider whether proposed uses requiring administrative
permits conform to the specific use requirements and make
decisions related thereto.
k. Special Studies.
In addition, the Planning and Zoning Coad ssion may make, cause
to be made, or obtain special studies on the location, condition
and adequacy of specific facilities, of the area. These may
include, but are not limited to, studies on housing, commercial
and industrial facilities, parks, playgrounds, beaches and other
recreational facilities, schools, public buildings, public and
private utilities, traffic, transportation and parking.
Other.
To perform any other duties which may be lawfully assigned to
it.
26 C. Board of Zoning Adjustment.
1. Establishment, Appointment, Terms, Meetings.
a. Establishment.
There is hereby created a Board of Zoning Adjustment for Indian
River County, Florida.
b. Composition.
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The Board of Zoning Adjustment shall be composed of five (5)
members appointed by the Board of County Commissioners of Indian
River County.
C. Terms of Office; Removal.
The Board of Zoning Adjustment members shall serve a term of two
(2) years or until a successor is appointed. Members shall be
removable by a majority vote of the full Board of County Commis-
sioners.
d. Vacancies.
Vacancies shall be filled for the unexpired term of any member
whose seat becomes vacant.
e. Compensation.
The Board of Zoning Adjustment members shall serve without
compensation but will be paid actual expenses incurred in the
performance of their duties. Such expenses shall not exceed the
allowances prescribed by state law.
f. Meetings.
The Board of Zonino Adjust-ent shall organize and adopt rules in
accordance with the provisions of any resolution or regulation
of the Board of County Co-cissioners. Meetings of the Board
shall be held at the call of the chairman or at such other times
as the Board may deterine. The Chairman, or in his absence,
the acting chairman, may ad7iinister oaths and compel the atten-
dance of witnesses. All reetings shall be open to the public.
Three (3) meirbers of the Board shall constitute a quorum and a
majority vote of those present shall determine any issue before
the Board.
2. Functions, Powers, and Duties of the Board of Zoning Adjustment.
The Board of Zoning Adjustment shall have the following powers and
duties:
a. Hear Appeals.
To hear and decide appeals where it is alleged there is error in
any order, requirements, decision, or determination made by an
administrative official in the enforcement of this ordinance.
b. Interpretation.
To interpret these regulations at the request of the zoning
enforcement officials.
C. Granting of Variances.
To receive and consider appeals for the granting of variances
from the terms of this ordinance and to grant such variances as
will not be contrary to the public interest, pursuant to the
procedures and requirements of Section 27 (b) of this ordinance,
where, owing to special conditions, a literal enforcement of the
provisions of the ordinance will cause significant hardship.
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SECTION 27: ADMINISTRATIVE PROCEDURE
ccrTTnN 9
Section 27, entitled "Zoning Amendments", is hereby repealed and a new Section
27, entitled "Administrative Procedures", is hereby substituted in place thereof
and shall read as follows:
27 A. Amendments to the Zoning Ordinance and Official Zoning Atlas.
1. Purpose and Intent. The purpose of this section is to provide a
means for changing the text of the Zoning Ordinance or the Official
Zoning Atlas. It is not intended to relieve particular hardships or
confer special privileges or rights to any person.
2. Changes and Amendments. The Board of County Commissioners may from
time to time, on its own motion, the motion of the Indian River
County Planning and Zoning Commission or the petition of the owner or
the owner's authorized agent, amend, supplement, change, modify, or
repeal by ordinance, pursuant to the authority and in the manner
provided by state law and this ordinance, the zoning boundaries or
districts established herein or the provisions of this ordinance.
3. Standards of Review. In reviewing the application of a proposed
amendment to the text of the Zoning Ordinance or an application for a
proposed amendment to the Official Zoning Atlas, the Board of County
Commissioners and the Planning and Zoning Ccm— ission shall consider:
a. Whether or not the proposed amendr-jent is in conflict with any
applicable portions of the Zoning Ordinance.
b. Whether or not the proposed a-encnent is consistent with all
elements of the the Indian River County Carprehensive Plan;
C. Whether or not the proposed a77end-:ent is inconsistent with
existing and proposed land uses;
d. Whether or not the proposed amend.-ent is in compliance with the
adopted County Thoroughfare Plan.
e. Whether or not the proposed arend,-ent would generate traffic
which would decrease the service levels on roadways below Level
of Service "C" on a daily basis and Level of Service "0" during
peak season.
f. Whether or not there have been changed conditions which would
warrant an amendment;
g. Whether or not the proposed amendment would result in demands on
public facilities, and whether or not the proposed amendments
would exceed the capacity of such public facilities, including
but not limited to transportation facilities, sewage facilities,
water supply, parks, drainage, schools and emergency medical
facilities;
h. Whether or not the proposed amendment would result in signifi-
cant adverse impacts on the natural environment;
i. Whether or not the proposed amendment would result in an orderly
and logical development pattern, specifically identifying any
negative effects on such pattern;
j. Whether or not the proposed amendment would be in conflict with
the public interest, and is in harmony with the purpose and
interest of this ordinance; as well as
k. Any other matters that may be deemed appropriate by the Planning
and Zoning Commission or the Board of County Commissioners in
review and consideration of the proposed amendment.
4. Amendment Procedures.
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a. Application Form and Content. All applications for changes and
amendments shall contain all the information required of this
section and shall be in a form prescribed by the County Planning
and Development Division and approved by the County Commission.
i. mal Description; Boundary Survey. The application shall
describe by legal description and by street address, where
possible, the property to be affected by the proposed
change, setting forth the present zoning applicable thereto
and specifying the district, zone or use requested by the
applicant. The application shall also include a copy of
the deed and at least one other conveying instrument
indicating present legal and/or equitable ownership togeth-
er with notarized authorization from the owner of the
subject property if the applicant is not the owner. The
application shall also include a boundary survey, sealed by
a registered land surveyor, of the property proposed to be
rezoned.
ii. Statement of Verification. All such applications or
petitions shall include a verified statement showing each
and every individual person having a legal and/or equitable
ownership interest in the property upon which the applica-
tion for rezoning is sought.
iii. Fees. Each application shall include a publication and
application fee as fro- titre to tir-e established by resolu-
tion of the Board of County Co-missioners for each request-
ed change; provided, hor,ever, that as many lots or parcels
of property as the applicant ray desire may be included in
a single petition if they constitute one contiguous area.
iv. Application Time Limitations. A rezoning application shall
be considered active for a period of one year after it is
submitted to the Planning and Develop+rent division. If the
application is not co-plete or the Board of County Commis-
sioners does not hold a public hearing on the application
because of delays by the applicant, the application shall
be terminated one year after the sutmittal date.
Staff Review. The County Planning and Development Division
shall have twenty (20) working days from the date the completed
application and required fees are sutniitted to review and
comment upon the application. The County Planning and Develop-
ment division shall then place the cc,Tpleted application on the
agenda of the next regularly scheduled County Planning and
Zoning Commission meeting; provided, however, that the following
publication requirements are met prior to the public hearing
before the County Planning and Zoning Coi3nission.
i. Published Notice Requirement. The County Planning and
Development Division shall cause a publication of the
material contents of the application, together with a map
indicating the area proposed to be rezoned, at least
fifteen (15) days, excluding Sundays and legal holidays,
prior to the County Planning and Zoning Commission's public
hearing on the application, unless Florida Statutes mandate
different notice requirements.
ii. Mailed Notice; Posted Notice. Additionally, the County
Planning and Development Division shall mail a written
(certified return receipt requested) notice to all property
owners of property within three hundred (300) feet of the
outer limits of the area described in the petition request-
ing a change, advising all such owners as shown upon the
last prepared and completed tax assessment roll of the
County, in simple terms, the proposed change and the time
and place of the public hearing. In the event that more
than ten (10) lots or parcels are proposed for rezoning,
notification shall be by published notice only. The
Planning Department shall erect and conspicuously place
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upon the -subject property at least one (1) notice which
shall contain the following information:
1) Map of property which is the subject of the rezoning
,etition;
2) Present zoning and requested rezoning classification;
3) Dates of scheduled hearings;
iii. Failure to Provide Notice. The provisions hereof for
mailing notice are directory only and the failure to mail
such notices shall not affect any change or amendment of
said zoning ordinance. Moreover, failure to maintain a
conspicuous notice on the property shall not affect any
change or amendment of said zoning ordinance.
C. Action By Planning and Zoning Commission. After the public
hearing, the County Planning and Zoning Commission shall report
its recommendations to the County Ca -mission for final action. A
denial of the application by the County Planning and Zoning
Commission, unless appealed as provided for herein, will be
final.
igm,
of Decisions by Plannine and Zonine Cermission.Any
t who is aggrieved by the decisicn of the County Plan -
Zoning Cormission regarding rezoning applications shall
ifteen (15) days of the decision of the County Planning
ng Commission file a v ritten notice of intent to appeal
ty Planning and Zoning Cc+rission decision with the
of the County Planning and Gevelopmanr. division,the
of the County Planning and Zoning Commission, and the
Chairman of the County Connission.
Action the Count Coamission. Upon receipt of -the recornnen-
dationsb from the County Panning and Zoning Cc+rmission, or upon
receipt of a written notice or intent to appeal the County
Commission shall consider the proposed change, amendment or
rezoning application and appeal within forty-five (45) working
days of the submission of said reco-r..endations or written notice
of intent to appeal.
Amendments Affecting Less Than Five (5) Percent of the Land
Area. when a public hearing is held on an application for
change, amendment or rezoning before the County Cornnission
involving less than five (5,,) percent of the total land area of
the County, the Board of County Conmissioners shall direct its
Clerk to notify by mail each real property owner whose land will
be rezoned, stating the substance of the proposed rezoning as it
affects the property owner, and stating a time and place for one
or more public hearings on such rezoning, at least thirty (30)
days prior to the date set for the public hearing. The County
Commission shall, at least fifteen (15) days prior to the public
hearing for rezoning, excluding Sundays and legal holidays,
publish notice of intent to consider the rezoning in a newspaper
of general circulation within the County, unless Florida Stat-
utes mandate different notice requirements.
Notification of Surrounding Property Owners. Additionally,
the County Planning and Development division, on behalf of
the County Commission, shall mail a written (certified
return receipt requested) notice to all property owners of
property within three hundred (300) feet of the outer
limits of the area described in the petition requesting a
change, advising all such owners as shown upon the last
prepared and completed tax assessment roll of the County,
in simple terms, the proposed change action of the Planning
and Zoning Commission and the time and place of the public
hearing. In the event that more than ten (10) lots or
parcels are being rezoned, notification shall be by pub-
lished notice only. The sign or signs erected pursuant to
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(2) b, of this Ordinance shall be amended to reflect the
hearing date before the Board of County Commissioners.
ii. Failure to Provide Notice. The provisions hereof for
mailing notice are directory only and the failure to mail
such notices shall not affect any change or amendment of
said zoning ordinance. Failure to maintain a conspicuous
notice on the property shall not affect any change or
amendment of said notice.
g. Amendments Affecting Five (5%) Percent or More of Total Land
Area. In cases in which the - proposed rezoning involves five
57% percent or more of the total land area of the County, the
Board of County Commissioners shall provide for public notices
and hearings as provided for in Chapter 125 Florida Statutes
(1979) as amended.
5. Time for Reapplying. No new application for an amendment, change or
modification of the boundaries or districts, regulations or re-
strictions contained in this chapter shall be permitted to be filed
until after the expiration of twelve (12) months from the filing of a
previous application with the County Planning and Development Divi-
sion, covering substantially the sa-e lands.
6. Interim Zoning. The Board of County Ccri7issioners may adopt stop -gap
or interim zoning for periods of time not to exceed one year designed
to preserve the status quo in any area in the County, pending the
completion of comprehensive zoning, water, and sewer, urban renewal or
other similar type plans.
27 B. Variance from the Terms of the Zoning Ordinance.
1. Purpose and Intent.
This section is established to provide procedures -or reviewing
variances by the Board of Zoning Adjustment. A variance is a depar-
ture from the dimensional or numerical require -tints of the ordinance
where such variance will not be contrary to the public interest and
where, owing to conditions peculiar to the property and not the
result of the actions of the applicant, a literal enforcement of the
section would result in an unnecessary and undue hardship.
2. Approving Authority.
The Board of Zoning Adjustment is hereby authorized to grant vari-
ances in accordance with the provisions of this section.
Type of Variance to be allowed.
The Board of Zoning Adjustment shall have the authority to grant the
following variances:
Permit a variance in the yard or area requirements of any zoning
district where there are unusual and practical difficulties in
carrying out these provisions due to an irregular shape of the
lot, topography, or other conditions, provided such variation
will not seriously impact any adjoining property or the general
welfare.
Permit a variance when an owner can show that a strict applica-
tion of the terms of the code relating to the construction or
alteration of the buildings or structure or the use of the land
will impose upon him unusual and impractical difficulties, but
not loss of monetary value alone.
4. Unauthorized Variances.
Use Variances.
No variance shall be granted which would permit the establish-
ment or expansion of a use in a zone or district in which such
use is not permitted by this ordinance, or any use expressly or
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by implication prohibited by the terms cf this ordinance in said
district.
b. Special Exceptions.
No variance shall be granted which would permit the establish-
ment or expansion of a special exception use in any zoning
district without the approval required in Section 25.3.
C. Uses Requiring Administrative Permit.
No variance shall be granted which would permit the establish-
ment or expansion of a use requiring an Administrative Permit in
any zoning district without the approval required in Section
25.2.
d. Nonconforming Uses.
No variance shall be granted which relates in any way to a
nonconforming use, except as allowed in Section 25(J), Noncon-
formities.
e. Definitions.
No variance shall be granted which codifies any definitions
contained within this ordinance.
f. Density.
No variance shall be granted which would in any way result in
any increase in density above that permitted in the applicable
zoning district regulations.
g. Consistency.
No variance shall be granted which would be inconsistent with
the Indian River County Carprehensive Plan.
5. Procedures.
a. Applicant.
Any property owner may apply for a variance after a decision by
the Director of Planning and Developm.ent that a proposal of such
property owner does not ca -ply with the provisions of this
ordinance.
b. Filing of Variance Application; Payment of Fee.
The applicant must file the requisite number of applications for
variance along with the appropriate fee with the Planning and
Development Division. The application shall be in a form
approved by the Director of Planning and Development and shall
also contain the following information:
i. Specific Re ulation Involved. Identification of the
specific provisions of th s ordinance from which a variance
is sought and the decision of the Director of Planning and
Development relating thereto.
ii. Variance Sought. The nature and extent of the variance
sought and n explanation why it is necessary.
iii. Grounds. The grounds relied upon to justify the proposed
variance.
iv. Other Information. The application shall also include a
legal description of the property, a copy of the warranty
deed for the property, as well as a certified survey or
plot plan of the property.
C. Administrative Recommendation Filed.
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On all proceedings held before the Board of Zoning Adjustment,
the staff of the Planning and Development Division shall review
the application and file a recommendation on each item. Such
recommendations shall be received, heard and filed prior to
final action on any item before the Board of Zoning Adjustment,
and shall be part of the record of the application. (In refer-
ence to Administrative Appeals, a summary explanation shall be
filed in place of a recommendation.)
d. Public Hearings; Notice.
Notice, in writing, shall be mailed by the Planning and Develop-
ment Division by using the address of said owner on the last tax
roll, and to the owners of all land which abuts the property
upon which a variance is sought, at least seven (7) days prior
to the hearing. The notice shall contain the name of the
applicant for the variance, a description of the land sufficient
to identify it, the variance requested, as well as the date,
time and place of the hearing.
6. Review by the Board of Zoning AdjusV.-ent.
a. Criteria for Granting Variances.
In order to authorize any variance of the terms of this regu-
lation, the Board of Zoning Adjustment shall have determined
that the application for variance is cccplete, that the public
hearing has been held with the opportunity for the aggrieved
parties to appear in person or be represented by an attorney at
law authorized to practice in the State of Florida. The.Board
of Zoning Adjustment shall also find:
i. Special Condition. That special conditions and circum-
stances exist which are peculiar to the land, structure, or
building involved, and which are not applicable to other
lands, structures, or buildings in the sa;ce zoning dis-
trict.
ii. Action of Applicant. That the special conditions and
circumstances do not result from the actions of the appli-
cant.
iii. Special Privilege. That granting the variance requested
will not confer on the applicant any special privilege that
is denied by the regulation to other lands, buildings, or
structures in the same zoning district.
iv. Unnecessary Hardship. That literal interpretation of the
provisions of the regulations would deprive the applicant
of rights commonly enjoyed by other properties in the same
zoning district under the terms of the regulations and
would constitute an unnecessary and undue hardship upon the
applicant.
V. Minimum Variance Necessary. That the variance granted is
the minimum necessary in order to make possible the reason-
able use of the land, building, or structure.
vi.Purpose and Intent Compliance. That the granting of the
variance rvi11 be in harmony with the general purpose and
intent of these zoning regulations and the Indian River
County Comprehensive Plan.
vii. Detriment to Public Welfare. That such variance will not
be injurious to the surrounding area or otherwise by
detrimental to the public welfare.
viii.Reasonable Use. That the property cannot be put to a
reasonable use which fully complies with the requirements
of this ordinance.
b. Prohibited Consideration.
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No non -conforming use of neighboring lands, structures, or
buildings in the same zoning district and no permitted use of
lands, structures, or buildings, in other zoning districts shall
be considered grounds for the authorization of a variance.
C. Restrictions, Stipulations and Safeguards.
In granting any variance, the Board of Zoning Adjustment may
make the authorization of a variance conditional upon such
alternate and additional restrictions, stipulations and safe-
guards as it may deem necessary to ensure compliance with the
purpose and intent of this ordinance and consistency with the
Indian River County Comprehensive Plan. Violation of such
conditions, when made a part of the terms under which the
variance is granted, shall be deemed a violation of this ordi-
nance and punishable under the terms of this ordinance. Such
conditions, restrictions, stipulations and safeguards may
include, but are not limited to a reasonable time limit within
which the action for which the variance is sought shall be begun
or completed or both, the establishment of screening and/or
buffering techniques as well as provisions for extensions or
renewals.
Decision.
The Board of Zoning Adjustment shall approve, approve with con-
ditions, or deny the application, furnishing the applicant a written
statement of the reasons for any denial.
Time Limitations.
Variances shall become void if not exercised within six (6) months of
the date granted. Before this six (6) month period has expired, the
applicant may make a request to the Beard of Zoning Adjustment by
letter for an additional six (6) month extension.-- Any further
extensions of time shall require a ne: application to be processed as
a new case.
9. Judicial Relief Available.
Any person or persons, jointly or severally, aggrieved by a decision
of the Board of Zoning Adjustment or any officer, department, or
commission of Indian River County may apply to the Circuit Court in
the respective judicial district, for judicial relief within thirty
(30) days after the rendering of the decision by the Board of Zoning
Adjustment. The election remedies shall lie within the appellant.
27 C. Appeals from Decisions of Administrative Officials.
Purpose and Intent.
This section is established to provide a mechanism for the hearing
and decision of appeals of decisions or actions by administrative
officials and the Board of Zoning Adjustment.
2. Authorization.
a. Generally.
The Board of Zoning Adjustment shall have the power and duty to
hear and decide appeals when it is alleged that there is an
error in any order, requirement, decision, or determination made
by an administrative official in the enforcement of the pro-
visions of this Zoning Ordinance.
Scope of Authority Upon Appeal.
In exercising its powers, the Board of Zoning Adjustment may,
upon appeal and in conformity with this ordinance, reverse or
affirm, wholly or partly, or may modify the order, requirement,
decision or determination of administrative officials.
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C. Vote Required.
A majority vote of all members of the Board of Zoning Adjustment
shall be necessary to reverse any order, requirement, decision,
or determination of administrative officials.
3. Appeal Procedures.
a. Initiation.
The applicant, any aggrieved party, or any officer, department,
board or bureau of Indian River County or any other resident of
the County may initiate an appeal.
b. Time Limit for Filing.
Appeals must be filed within thirty (30) days following action
by the respective official.
C. Filing of Appeal; Fees.
An appeal must be filed with the Planning and Development
division on a form prescribed by the County within the specified
time limit. All such appeals shall recite the reasons why such
an appeal is being taken. The appeal shall be accompanied by a
fee to be determined by resolution of the Board of County
Commissioners. The Director of Planning and Development shall
coordinate the appeal procedure with the office of the County
Administrator.
d. Public Hearin Notice.
All appeals shall be heard at a i7eeting of the Board of Zoning
Adjustment. All interested parties shall have a right to appear
before the Board of Zoning Adjust:-,ent and address specific
concerns directly related to the appeal. Any person may appear
by agent or attorney. All such hearings shall be conducted in
compliance with the rules of procedure for the Board of Zoning
Adjustment. Notice shall be provided in accordance with the
requirements for granting a variance.
4. Action by the Board of Zoning Adjustment; Findings of Fact.
At the public hearing scheduled for the purpose of hearing the
appeal, the Board of Zoning Adjustment may, in conformity with the
provisions of law and this ordinance, uphold, amend, or reverse
wholly or partly, the administrative action which is being appealed.
As such, the Board of Zoning Adjustment shall have all of the powers
of the administrative officer from whom the appeal is taken. In
reviewing an appeal of a decision by an administrative official, the
Board of Zoning Adjustment must make findings in the following areas:
a. Did the reviewing official fail to follow the appropriate review
procedures?
b. Did the reviewing official act in an arbitrary or capricious
manner?
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 of Indian River County?
The decision of the local Board of Zoning Adjustment shall be con-
sidered final unless further appealed.
5. Further Appeals from Action by the Board of Zoning Adjustment.
At any time within thirty (30) days following action by the Board of
Zoning Adjustment, the applicant or any aggrieved party meeting the
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requirements for initiating an appeal may seek review of such deci-
sion by a court of competent jurisdiction, as approved by applicable
law of the State of Florida.
6. Effect of Filing an Appeal.
An appeal stays all proceedings in furtherance of the action appealed
from, unless the administrative official from whom the appeal is
taken certifies to the Board of Zoning Adjustment after the notice of
appeal is filed that by reason of facts stated in the certificate, a
stay would, in his or her opinion, pose imminent peril to life or
property. In such case, proceedings shall not be stayed other than
by a restraining order.
7. Transmittal of the Record.
The official, department, board or co:mittee from whom the appeal is
taken shall forthwith transmit to the decisionmaking body all papers,
documents and maps constituting the record of the action from which
the appeal is taken.
27 D. Uniform Public Hearing Procedures.
1. Setting the Hearing.
Upon determination by the Director of Planning and Development that
all applications and/or petitions for any actions which require a
public hearing, as set forth by the provisions of this ordinance have
been completed and/or filed, the appropriate decisionmaking body
shall be notified so a public hearing r.ay be set and noticed in
accordance with the provisions of this ordinance.
2. Examination and Copying of Application and Other Documents.
Any time after the provision of notice, as required by this ordi-
nance, any person, upon reasonable request, ;ray examine the applica-
tion or petition in question and the raterial submitted in support or
opposition to the application or petition in the Planning and Devel-
opment Division offices during regular business hours. Any- person
shall be entitled to obtain copies of the application or petition and
other materials upon reasonable request and payment of a fee to cover
the actual costs of providing such copies.
Conduct of the Hearing.
a. Rights of All Persons.
Any person may appear at a public hearing and submit documents,
materials and other written or oral testimony either individual-
ly or as a representative of an organization. Each person who
appears at a public hearing shall identify himself, his address,
and state the name and mailing address of any organization he
represents. The body conducting the public hearing may place
reasonable time restrictions on the presentation of testimony
and the submission of documents and other materials.
Rights of Parties.
Persons entitled to be parties at public hearings shall include
the applicant, the owner of the subject real property, and any
officer, department, board of commission of Indian River County.
In addition, any other person who, in the opinion of the hearing
body, has demonstrated a special interest in the outcome of the
matter distinct from that of the general public may be permitted
to intervene as a party. In addition to the rights granted to
persons in para. "1", above, all parties shall have the follow-
ing rights:
i. to be represented by counsel or an agent;
ii. to present witnesses;
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iii. to cross-examine all witnesses;
iv. to examine and reproduce any documents produced at the
hearing;
to request one continuance for the purpose of presenting
evidence to rebut evidence introduced by any other person.
Such rights shall at all times be subject to the sound dis-
cretion of the body conducting the hearing and may be limited if
unwarranted or undue delay will result or where no new materials
or testimony will be presented.
Appearance, Withdrawal and Continuations.
i. Failureto A ear. An applicant's failure to appear or to
Fe represented at a scheduled hearing, shall not prevent a
decision from being made based solely on the information
contained in the application or other evidence provided at
the public hearing.
ii. Withdrawal. A withdrawal of an application shall be in
writing, signed by the applicant or designed representa-
tive, and shall be delivered to the Planning Department
prior to the hearing on the application; or an application
may be verbally withdrawn at the ti. -e the case is under
consideration at the hearing. too withdrawal of an applica-
tion shall be allowed after it has been heard at the
hearing, except by affirmation of the reviewing body.
iii. Continuation for Further Study. An application may be
continued during a public hearing at the request of the
Director of Planning and Develop?-ent, Planning and Zoning
Commission, Board of Zoning Adjust:.ent, or the Board of
County Commissioners based on the need for additional study
or information.
iv. Continuation Due to Modification. An application may be
continued at the request of the applicant or designated
representative when the applicant is proposing a modifica-
tion of his original request.
Record of the Hearing.
a. Record.
i. The transcript of testimony, the minutes of the Secretary,
all application, exhibits, documents, materials and papers
submitted in any proceeding before the decisionmaking body,
the report of the Director of Planning and Development or a
member of his staff, and the decision and report of the
decisionmaking body shall constitute record.
ii. The body conducting the hearing shall record the proceed-
ings by any appropriate means; upon request of any person
to the Director of Planning and Development and payment of
fee to cover the cost of transcription, the record may be
transcribed and a copy provided to that person. If a sound
recording is made, any person shall be entitled to listen
to the recording at any reasonable time, or make copies at
his own expense, at the Planning and Development Division
office.
iii. Any person shall be entitled to examine the record, at a
reasonable time, or make copies at his own expense, at the
Planning and Development Division.
5. Action by Decisionmaking Body.
a. Time.
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The decisionmaking body shall render its decision within a
reasonable time.
b. Decisions in Writing.
All decisions or recommendations of the decisionmaking bodies
shall include a statement of such decisions or recommendations,
and the reasons upon which they are based.
Notification of Decision.
Notification of the final decision on an application shall be mailed
to all parties. A copy of the final decision shall be filed with the
Planning and Development Division.
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SECTION 3
Section 29 (c), entitled "Zoning Commission", is hereby repealed.
SECTION 4
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 appropri-
ate word, and the sections of this ordinance may be renumbered, reserved or
relettered to accomplish such intentions.
cGrTTnN F
CVVGRAATITTV
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 hold-
ings shall not affect the remaining portions hereof and it shall be construed to
have been the legislative intent to pass this ordinance without such unconstitu-
tional, invalid or inoperative part.
SECTION 6
EFFECTIVE DATE
The provisions of this ordinance shall beco,-�e effective upon receipt from the
Florida Secretary of state of Official Acknawledgezient that this ordinance has
been filed with the Department of State.
Approved and adopted by the Board of County Cc,-T-issioners of Indian River
County, Florida, on this 15th day of l,"av 1985.
Indian River County Ordinance
No. 85-46
BOARD OF COUNTY COMISSIOMEP.S
B�'
at"c yo
Chairman
Board of County ormrissioners
Acknowledgement by the Department of State of the State
of Florida this 31st day of rtav , 1985.
Effective Date: Acknowledgement from the Department of
State received on this 6th day of June
1985, at11:OO A.M./P.M. and filed in the Office of
the Clerk of the Board of County Commissioners of
Indian River County, Florida.
APPROVED TO F9RM AND
LEGAL SU ICI Y.
By ✓
G Br denburg
OUNT� TORNEY
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Approved as to form
and legal sufhcrency
By _
Gary IA. Drandenb ru 0
County Attorney