HomeMy WebLinkAbout1982-21ORDINANCE NO. 82- 21
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA, AMENDING ORDINANCE
NO. 82-1, AND ADOPTING THE COMPREHENSIVE PLAN FOR
THE UNINCORPORATED AREAS OF INDIAN RIVER COUNTY,
FLORIDA, IN ACCORDANCE WITH THE "LOCAL GOVERNMENT
COMPREHENSIVE PLANNING ACT OF 1975", AS AMENDED,
SECTIONS 163.3161, ET. SEQ. FLORIDA STATUTES,
PROVIDING FOR A COMPREHENSIVE PLAN, PURPOSE, VESTED
RIGHTS, REPEAL OF CONFLICTING ORDINANCES,
SEVERABILITY AND EFFECTIVE DATE.
WHEREAS, "The Local Government Comprehensive Planning
Act of 1975" as amended, Section 163.3161, et, seq., Florida
Statutes requires each local government in the State of Florida to
adopt a Comprehensive Plan to guide and control future
development; an$
WHEREAS, pursuant to said act, the Board of County
Commissioners of Indian River County appointed the Indian River
County Planning and Zoning Commission as the local planning agency
for the County; and
WHEREAS, the local planning agency has held public hear-
ings on the Comprehensive Plan and recommends adoption of the plan
by the Board of County Commissioners; and
WHEREAS, the County Commission has held numerous public
hearings and workshops on the Comprehensive Plan; and
WHEREAS, all requirements of the Florida Statutes with
regard to public input and review by the local planning agency
have been met.
NOW, THEREFORE, BE IT ORDAINED by the Board of County
Commissioners of Indian River County, Florida, that;
SECTION I. Indian River County Ordinance No. 82-1 is
hereby amended as follows:
SECTION I, COMPREHENSIVE PLAN: Pursuant to the provi-
sions of the "Local Government Comprehensive Planning Act of
197511, as amended, Section 163.3161, et. seq., Florida
Statutes, the Board of County Commissioners of Indian River
County, Florida, hereby declares its intent to exercise its
authority to plan for future development in the unincorpor-
ated areas of Indian River County and hereby adopts the -band
Use-Blement-o€ the Comprehensive Plan of Indian River County,
including the land use, transportation, conservation/coastal
zone protection, housing, recreation, sewer, water. drainace
oordination elements, a copy of which is attached hereto and
ncorporated herein by reference.
SECTION II, PURPOSE: [T]he
Comprehensive Plan of Indian River County is adopted to
direct and achieve coordinated and harmonious development and
land use irk a manner which will permit planning for adequate
community i'acilities, protect the ecological balance of the
environment, and promote the public health, safety,
convenience, prosperity and general welfare of Indian River
County's citizens and visitors.
In furtherance hereof, the Board of County Commissioners
hereby declares its policy and intent to evaluate all actions
involving qir affecting land use for consistency with the Land
Use Element. In recognition that zoning has been and shall
continue to be a major tool for the implementation of the
land use and development policies; all applicants for zoning,
site plan or subdivision approval, shall affirmatively estab-
lish the manner in which the development proposal and
requested change in land use conforms to and is consistent
with the Land Use Element.
SECTION III, VESTED RIGHT: Nothing contained herein
shall be construed as affecting validly existing vested
rights. It shall be -the duty and responsibility of the
applicant alleging vested rights to affirmatively demonstrate
the legal requisites of vested rights. Rights shall vest
upon a demonstration, to the satisfaction of the Board of
County Commissioners of Indian River County, that the
applicant;
1. Has reasonably relied in good faith,
2. Upon some act or omission of the County,
3. Has made a substantial change in position or incur-
red extensive obligations and expenses to their
detriment.
The mere existence of zoning or other development order, as
defined in Florida Statute 163.3161, et. seq., contrary to
the Comprehensive Plan shall not be determined in and of
itself to vest rights.
SECTION II, REPEAL OF CONFLICTING ORDINANCES: All
portions of Ordinance No. 82-1 not specifically amended by this
ordinance shall remain in full force and effect and all other
ordinances of Indian River County conflicting herewith are hereby
repealed to the extent of such conflict.
SECTION III, SEVERABILITY: Should any section or provi-
sign of this ordinance or any portion thereof, any paragraph,
sentence or word be declared by a court of competent,jurisdiction
to be invalid, such decision shall not affect the validity of the
remainder hereof.
SECTION IV, 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
-2-
Commissioners of Indian River County, Florida, on this 15th day
of September , 1982•
INDIAN RIVER COUNTY BY ITS
BOARD OF COUNTY COMMISSIONERS
By: / G
DON C. SCUR'OCK, JR.
Chairman
Acknowledgment by th Department of State of the State of Florida
this �7k day of 4z= , 1982.
Effective Date: Acknowledgment from the Department of State
received on thiel 'S*t day of GUS , 1982, at
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 form and
legal su ic' n�2't�lf
By: i/
GP,AYZM. BRANDEqBURG
C11 -
u ty AttorJ,c e
-3-
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
BY-i�!11fd�L�2 D.C.
DATE