HomeMy WebLinkAbout1985-37ORDINANCE #85-37
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA PROVIDING FOR A
COMPREHENSIVE AMENDMENT TO THE COUNTY'S ZONING
ATLAS BY CONVERTING THE RESIDENTIAL DISTRICTS
DEPICTED ON THE ATLAS TO NEW DISTRICTS DESCRIBED
IN APPENDIX A OF THE CODE OF LAWS AND ORDINANCES,
KNOWN AS THE ZONING CODE, IN ACCORDANCE WITH THE
COUNTY'S COMPREHENSIVE LAND USE PLAN; PROVIDING
FOR EXCEPTIONS TO THE CONVERSION TABLE; REPEALING
SECTION 5, R-lE, COUNTRY ESTATE DISTRICT, SECTION
6, R-lAA, SINGLE-FAMILY DISTRICT, SECTION 7, R -1A,
SINGLE-FAMILY DISTRICT, SECTION 8, R-1, SINGLE-
FAMILY DISTRICT, SECTION 9, R -2W, MULTIPLE -FAMILY
DISTRICT, SECTION 10, R-2, MULTIPLE -FAMILY DIS-
TRICT, SECTION 10A, R -2A, MULTIPLE -FAMILY DIS-
TRICT, SECTION 10B, R -2B, MULTIPLE -FAMILY DIS-
TRICT, SECTION 10C, R -2C, MULTIPLE -FAMILY DIS-
TRICT, SECTION 10D, R -2D, MULTIPLE -FAMILY DIS-
TRICT, SECTION 11, R -3A, RETIREMENT DISTRICT,
SECTION 12, R-3, MULTIPLE -DWELLING DISTRICT,
SECTION 13, R-1PM, PERMANENT MOBILE HOME SUBDI-
VISION DISTRICT, SECTION 14, R-1MP, MOBILE HOME
PARK DISTRICT, SECTION 15, R-1TM, TRANSIENT MOBILE
HOME DISTRICT, SECTION 16, R-1ME, MOBILE HOME
ESTATE DISTRICT, AND SECTION 17, R-1RM, RESI-
DENCE -MOBILE HOME DISTRICT; AND PROVIDING FOR
CODIFICATION; SEVERABILITY; REPEAL OF CONFLICT-
ING PROVISIONS; AND EFFECTIVE DATE.
WHEREAS, The Board of County Commissioners of Indian River
County has adopted a Comprehensive Land Use Plan, Ordinance
#82-21, pursuant to Florida Statute 163; and
WHEREAS, Florida Statute 163 requires that all future de-
velopment be consistent with the County's adopted Comprehensive
Land Use Plan; and
WHEREAS, the existing zoning of many areas of the County
is not in conformance with the County's adopted Comprehensive
Land Use Plan; and
WHEREAS, on January 16, 1985, the Board of County Commis-
sioners adopted fourteen new residential zoning districts to
specifically implement the provisions of the County's adopted
Comprehensive Land Use Plan; and
WHEREAS, a table has been prepared to convert the existing
residential zoning districts depicted on the zoning atlas to
the new residential zoning districts; and
WHEREAS, certain exceptions to the general conversions are
necessary to assign the appropriate zoning districts to
properties which contained lawfully conforming uses when the
Comprehensive Plan was adopted or have been determined by the
Board of County Commissioners to be in conformance with the
Comprehensive Plan; and
WHEREAS, after the conversion table is adopted, seventeen
residential zoning districts will no longer appear on the
County's Zoning Atlas; and
WHEREAS, the Board of County Commissioners wishes to
repeal seventeen residential zoning districts which will no
longer appear on the County's Zoning Atlas;
NOW, THEREFORE, BE IT ORDAINED by the Board of County
Commissioners of Indian River County, Florida:
SECTION 1
All properties lying in unincorporated Indian River County
which have any of the "old zoning district" classifications
listed in the below table are hereby rezoned to the
corresponding "new zoning district" classifications listed
below, as determined by reference in such table to the existing
land use designation for such properties. Appropriate and
necessary revisions to the County Zoning Atlas to reflect such
rezoning are hereby authorized and approved.
RESIDENTIAL ZONING CONVERSION TABLE
Old
New
Zoning
Land Use
Zoning
District(s)
Designation(s)
District
R-lE
LD-1,LD-2,MD-1,RR-1
RS -1
R-1,R-IA,R-lAA
LD -1
RS -3
R-1,R-lA,R-lAA
LD-2,U.S.1 MXD MD -1,
Oslo Road MXD, Gifford MXD
RS -6
R-1,R-lA
MD -2, Env. Sensitive
RS -1
R-1
RR -1
RFD
R -2A
LD-2,MD-1,Giffor,i MXD,
U.S.1 MXD
RM -q
R -2D
All
RM -6
R -1,R-3
RR -2
RS -1
R -2,R-3
LD -1
RS -3
R -3A
LD -1
RM -3
R-3A,R-1RM,R-lMP
LD -2
RM -6
R -2,R -3,R -2B
LD-2,MD-1,U.S.1 MXD
RM -6
R -3A
MD -1
RM -8
R -2,R -2C
MD-2,Gifford MXD
RM -10
R-1ME,R-1MP,R-lPM
U.S.1 MXD
RMH-6
R-1PM,R-1TM,R-2,
R-lA,R-lE
AG
A-1
R-1RM,R-1MP,R-1PM,
R -IME
Gifford MXD,MD-1
RMH-8
R -2W
All
RM -10
R-lTM
U.S.1 MXD,Comm/Ind Nodes
CRVP
R -2B
MD -2
RM -8
R -2A
LD -1
RM -3
SECTION 2
The County's Comprehensive Plan states that it was not the
intent of the Board of County Commissioners to create
nonconforming uses by the adoption of the Plan. All lawful,
conforming uses in existence at the date of Plan adoption shall
be considered consistent with the Plan. In addition, projects
that had received site plan approval or subdivision plat
approval at the date of the adoption of the Plan shall be
considered in conformance with the Plan.
Notwithstanding anything to the contrary in Section One,
the following specifically identified properties are hereby re-
zoned from their existing "old zoning district" classifications
to the "new zoning district" classifications listed below for
each such property. The Board determines that each such re-
zoning is consistent with the Comprehensive Plan, based on the
above provision of the Plan, regardless of the current land use
designation depicted on the Land Use Map for such properties,
and appropriate changes to the County Zoning Atlas are hereby
authorized and approved to reflect such rezonings.
New
Zoning
Old Zoning Location District
Government Lot #4
R -2B Section 8, Township 31S, Range 39E RM -8
R -2B 17, 315, 39E RM -8
R-lMP 22, 32S, 39E RMH-8
R-lMP 31 325, 39E RMH-8
R-2 4, 335, 39E RS -6
R-1MP 6, 33S, 39E RMH-8
R -2A 12, 33S, 39E RM -6
R -2B 13, 33S, 39E RM -8
R-lE 17, 33S, 39E RFD
R-1 17, 33S, 39E RS -3
R-1 18, 33S, 39E RFD
R-lMP 22, 33S, 39E RMH-6
R -IMP 26, 33S, 39E RMH-8
R-lMP 17, 31S, 39E CRVP
A of NEa
R -IMP
Section 20,
Township 315,
Range 39E
CRVP
R -2,R -2C
27,
33S,
40E
RM -10
R-lC,R-3
28,
33S,
40E
RM -10
R -2B
21,
33S,
40E
RM -8
Government Lot
#7
R-lA
Section 19,
Township 33S,
Range 40E
RS -6
R-lMP
30,
33S,
40E
RMH-8
R -IMP
31,
33S,
40E
RMH-8
NW4, of SW4
R-1
Section
12,
Township 335,
Range
39E
RM -6
NES of
R -2D
Section
3,
Township 33S,
Range
38E
RM -8
R-3
32,
325,
39E
RM -8
R -2B
36,
305,
38E
RM -8
R -2B
31,
30S,
39E
RM -8
R-lA
24,
32S,
39E
RS -1
R-lA
25,
32S,
39E
RS -1
Government Lot
#6
R-2
Section
23,
Township 315,
Range
39E
RS -6
Lot 31
R-1
Section
22,
Fleming Grant
RS -3
Lots
1-7, Inclusive
R-1
Sunnyfield
Subdivision
RS -3
SECTION 3
The following Sections of Appendix A, Zoning, of the Code
of Laws and Ordinances, also know as Ordinance 71-3, as
amended, are hereby repealed in their entirety:
Section 5, R-lE Country Estate District;
Section 6, R-lAA Single -Family District;
Section 7, R-lA Single -Family District;
Section 8, R-1 Single -Family District;
Section 9, R -2W Multiple -Family Waterfront District;
Section 10, R-2 Multiple -Family District;
Section 10A, R -2A Multiple -Family District;
Section 10B, R -2B Multiple -Family District;
Section 10C, R -2C Multiple -Family District;
Section 10D, R -2D Multiple -Family District;
Section 11, R -3A Retirement District;
Section 12, R-3 Multiple -Dwelling District;
Section 13, R-lPM Permanent Mobile Home Subdivision
District;
Section 14, R-lMP Mobile Home Park District;
Section 15, R-lTM Transient Mobile Home District;
Section 16, R-1ME Mobile Home Estate District; and
Section 17, R-1RM Residence -Mobile Home District.
SECTION 4
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 5
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 6
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
unconstitutional, invalid or inoperative part, with the
exception that should the application of the "new districts" to
any property be held unconstitutional, inoperative or void,
then such property shall be considered zoned under the "old
district" applicable to the property as of the date of adoption
of this ordinance.
SECTION 7
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 on this 11th day of April
1985.
BOARD OF Y COMMISSIONERS
OF IND IVER COUNTY
BY
PATRICK B. NS
Chairman
Acknowledgment of the Department of State of the State of
Florida this 18th day of April , 1985.
Effective Date: Acknowledgment from the Department of State
received on this 22nd day of April , 1985, at 11:00
A.M./P.M. and filed in the office of the Clerk of the Board of
County Commissioners of Indian River County, Florida.
APPROVED AS -TO -,FORM AND
Rsdntl Cnvrzn Ord.
RICH2