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HomeMy WebLinkAbout1981-09INDIAN RIVER COUNTY ORDINANCE NO. 81- 9 AN ORDINANCE AMENDING INDIAN RIVER COUNTY CODE OF COUNTY ORDINANCES APPENDIX A - ZONING, SEC- TION 27 ZONINO AMENDMENTS, SUBSECTION (b) AMENDMENT PROCEDURES, BY PROVIDING FOR A NEW AMENDMENT PROCEDURE; BY PROVIDING FOR THE PAYMENT OF APPLICATION FEES; BY PROVIDING FOR THE PAYMENT OF OTHER EXPENSES INCURRED IN THE AMENDMENT PROCEDTTRE; BY PROVIDING - FOR APPEALS; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Indian River County Code of County Ordinances Appendix A - Zoning, Section 27 Zoning Amendments, Subsection (b) Amendment Procedures, which previously read: Sec. 27. Zoning amendments. (b) Amendment procedures. Persons authorized under paragraph (a) to request zoning changes or amendments shall submit a petition on forms with the required fee and in the manner provided from time to time by resolution of the boar::[ of county commissioners. The appli- cant shall pay to the county an application fee as established by resolution of the board of county commissioners for each requested change; provided, however, that as many lots or parcels of property as the applicant may desire may be included in any single petition if they constitute one contiguous area. Within ten (10) days the county planning office will transmit the petition with its comments to the county zoning department. The zoning department shall trans- mit copies of the petition and the county planning office's comments to the members of the county zoning commission at least seven (7) days prior to the zoning commission's first consideration of the petition. The county zoning department shall notify the applicant of the time and place of the county zoning commission meeting to consider the applicant's petition. Should the county zoning com- mission tentatively approve the petition, public hearings shall be held by the county zoning commission and the board of county com- missioners. Should the county zoning commission deny tentative approval and the applicant wishes to appeal the decision to the board of county commissioners of Indian River County, the county zoning department shall transmit copies of the petition, the county planning office's comments and the minutes of the zoning commission meeting to each member of the board of county commissioners at least sevQn (7) days before f La board shall consider the Apneas_ The county zoning department shall notify the applicant of the time and place of the meeting at which the board of county commissioners will hear the appeal. Should the board of county commissioners tentatively approve the petition, the county zoning commission and the board of county commissioners will proceed to hold public hearings on the petition. Should the board of county commissioners deny tentative approval, the applicant may withdraw his peitition and the fee depos- ited shall be returned to him. Should the applicant desire public hearings, he shall inform the board of county commissioners and the county zoning commission and the board of county commissioners will proceed with public hearings and the fee deposited shall remain the property of the county. The county zoning commission shall hold the first public hearing on any petition. At least seven (7) days prior to the board of county commissioners' public hearing on any petition, the county zoning department shall transmit to each commissioner, copies of the petition, the county planning office's comments, and all minutes of the county zoning commission concerning the petition. When public hearings are held, then in addition to meeting the state iaA statutes' notice requirements, the county administrator or his designee shall mail a written 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 and the time and place of the public hearing. In the event more than ten (10) lots or parcels are being rezoned, notification shall be by public notice only. The provisions hereof providing for mail- ing notice is directory only, and the failure to mail such notice shall not affect any change or amendment of said zoning ordinance. Indian River County Code of County Ordinances Appendix A - Zoning, Section 27 Zoning Amendments, Subsection (b) Amendment Procedures, is amended to read as follows: Sec. 27. Zoning amendments. (b) Amendment procedures. (1) Every such proposed change or amendment or rezoning to this chapter shall be submitted in writing to the County Planning and Zoning Department. a. When the application or petition is initiated by persons or other entities authorized under paragraph (a), 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 or other conveying instrument indicating present legal and/or equitable ownership to- gether with an authorization from the owner of the subject property if the applicant is not the owner. The applica- tion shall also include a survey of the property proposed to be rezoned. Such application shall be in a form sub- stantially in accordance with the form prescribed by the County Planning and Zoning Department and approved by the County Commission. b. 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 application for rezoning is sought. c. Each application shall include a publication and applica- tion fee as from time to time established by resolution of -2- the Board of County Commissioners for each requested change; provided, however, that as many lots or parcels of property as the applicant may desire may be included in a single petition if they constitute one contiguous area. (2) The County Planning and Zoning Department shall have twenty (20) work days from the date the completed application and required fees are submitted to review and comment upon the application. The County Planning and Zoning Department shall then place the completed application on the agenda for the next regularly scheduled County Planning and Zoning Commission meeting; pro- vided, however, that the following publication requirements are met prior to the public hearing before the County Planning and Zoning Commission. a. The County Planning and Zoning Department 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. b. Additionally, the County Planning and Zoning Department 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 de- scribed 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 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 published notice only. The Planning Department shall erect and conspicuously place upon the subject property at least one (1) notice which shall contain 1) Map of property which is the subject of the rezoning petition; 2) Present zoning and requested rezoning classification; -3- A �•. 3) Dates of scheduled hearings. C. 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. (3) After the public hearing, the County Planning and Zoning Com- mission shall report its recommendations to the County Commis- sion for final action. A denial of the application by the County Planning and Zoning Commission, unless appealed as provided for herein, or reconsidered, will be final. - (4) Appeals. Any applicant who is aggrieved by the decision of the County Planning and Zoning Commission regarding rezoning applications shall within fifteen (15) days of the decision of the County Planning and Zoning Commission file a written notice of intent to appeal the County Planning and Zoning Commission decision with the Director of the County Planning and Zoning Office, the Chairman of the County Planning and Zoning Commission, and the Chairman of the County Commission. (5) Upon receipt of the recommendations from the County Planning and Zoning Commission, or upon receipt of a written notice of intent to appeal the County Commission shall consider the proposed change, amendment or rezoning application and appeal within forty-five (45) work days of the submission of said recommendations or written notice of intent to appeal. (6) When a public hearing is held on an application for change, amendment or rezoning before the County Commission involving less than five (5%) percent of the total land area of the County, the Board of County Commissioners shall direct its Clerk to notify by mail each real property owner whose land will be rezoned, stating the substance of the proposed rezoi,- ing 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 con- sider the rezoning in a newspaper of general circulation within the County. -4- (7) Additionally, the County Planning and Zoning Department, 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 outei 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 published notice only. The sign or signs erected pursuant to 0b. of this Ordinance shall be amended to reflect the hearing date before the Board of County Commissioners. (8) 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. (9) In cases in which the proposed rezoning involves five (5%) percent or more of the total land area of the County, the Board of County Commissioners shall provide for public notice and hearings as provided for in Chapter 125 Florida Statutes (1979) as amended. This Ordinance shall take effect as provided for by law. This Ordinance shall take effect March 4, 1981. 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 WRIGHT, CLERK Vy wily/YI n: D: i