HomeMy WebLinkAbout2009-017ORDINANCE 2009- 017
AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA CONCERNING AN AMENDMENT TO
ITS LAND DEVELOPMENT REGULATIONS (LDR); PROVIDING FOR AMENDMENTS TO
CHAPTER 902, ADMINISTRATIVE MECHANISMS, BY CREATING THE ROLE OF BOARD OF
COUNTY COMMISSIONERS IN CHAPTER 902 TO HEAR REQUESTS FOR PERMANENT
EXCEPTIONS FOR INDIVIDUAL DEVELOPMENT PROJECTS; PROVIDING FOR OTHER
MODIFICATIONS IN CHAPTER 902; AND BY PROVIDING FOR REPEAL OF CONFLICTING
PROVISIONS; CODIFICATION; SEVERABILITY; AND EFFECTIVE DATE.
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY,
FLORIDA THAT THE INDIAN RIVER COUNTY LAND DEVELOPMENT REGULATIONS (LDRS)
BE AMENDED AS FOLLOWS:
SECTION #1:
Amend LDR sections 902.04(14) through (17), to read as follows:
(14) The board of county commissioners may hear requests for temporary suspensions of
compliance, as provided below.
(A) Purpose and intent. This section is established to provide procedures for reviewing temporary
suspensions of compliance (including appeals and referrals) by the board of county
commissioners and staff. A temporary suspension of compliance is of limited duration,
pertains to regulations not directly related to public safety, and is intended to provide site
plan, planned development, and subdivision project applicants an opportunity to obtain a
certificate of occupancy or certificate of completion with a condition that minor deficiencies
are corrected within a specified and limited timeframe.
(B) Approving authority. The board of county commissioners is hereby authorized to grant
temporary suspensions of compliance in accordance with the provisions of this section and
may attach conditions to temporary suspensions of compliance granted. In addition, the
county administrator or his designee is authorized to grant temporary suspensions of
compliance, in accordance with the provisions of this section.
(1) Temporary suspension of compliance by the county administrator or his designee. A
temporary suspension of compliance with land development regulations not directly
related to public safety may be granted by the county administrator or his designee,
without board of county commissioners approval, under the following circumstances.
a. The development project is certified by the project design professional or
owner/designer to be complete and in substantial conformance with the
approved development plan in accordance with site plan ordinance section
914.12(3)(a) and (b) or subdivision ordinance section 913.07(5)(I), whichever
is applicable, and required landscaping is certified by a landscape architect or
landscape contractor as Florida No. 1 or better in accordance with landscape
ordinance section 926.12(l)(a).
b. The development project has been inspected by county staff, a "punchlist" of
discrepancies has been issued, and the project developer has provided staff a
written request specifying the discrepancies he or she wishes to be temporarily
suspended.
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C. The project deficiencies that are the subject of the suspension request are found
to be minor in nature and extent, and are found to be correctable within a
timeframe not to exceed 90 days.
d. The suspension timeframe is specified in writing and does not exceed 90 days
from the date of the suspension.
e. The corrective action(s) is specified in writing and found to be sufficient to
bring the development project into compliance upon completion.
f. The project developer and owner agree to the specified suspension timeframe
and the obligation to complete the specified corrective action(s) within the
specified timeframe.
(C) Procedures for approval by the county administrator or his designee. The applicant may
apply to the planning division for a temporary suspension by filing a temporary
suspension application form provided by the planning division. The county administrator
or his designee shall act on any temporary appr-eved suspension request within 2 business
days of receiving the request. For each temporary suspension of compliance determination,
staff shall provide notice of sueh the determination decision in writing to the project
owner, project developer, and Bboard of Ecounty Ecommissioners. Each suspension
determination granting approval shall specify the maximum duration of the suspension,
required mitigation and/or corrective action(s), and any condition(s) attached to the
suspension.
(D) Procedure for referral or appeal to the Board of County Commissioners. The project owner,
or project developer, may appeal a decision of the county administrator or his designee to the
board of county commissioners within 10 days of the mailing of the written determination
referenced in sub -section (C) above. Each appeal shall be accompanied by a fee established
by resolution of the Bboard of Ecounty Ecommissioners.
The county administrator or his designee may refer a request to the board of county
commissioners. Any referral or appeal shall be:
(1) Made in writing to the chairman of the board of county commissioners with a copy
provided to the project developer, project owner, county administrator (if an
appeal), and Bboard of Ecounty Ecommissioners. Upon receipt of a referral or
appeal, the chairman shall call a meeting of the board of county commissioners as
soon as practicable to conduct a hearing on the suspension request, subject to the
requirements of sub -sections (D)(2) and (3) below.
(2) Noticed at least seven (7) days prior to the hearing via written notice of the hearing
mailed to each owner of property adjacent to the development project site. The notice
shall contain the name of the applicant, a description of the appeal/temporary
suspension request and the development project location, as well as the date, time, and
place of the hearing.
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(3) Considered at a hearing held no more than 12 business days after receipt of the appeal
or referral. At the hearing, the board of county commissioners may approve a
temporary suspension request if it finds that all temporary suspension criteria of sub -
subsection (B)(1)a-f above are satisfied.
(E) Conditions authorized. The county administrator or his designee or, upon referral or appeal,
the Bboard of Ocounty Ccommissioners may impose conditions including but not limited to a
cash deposit which will be forfeited for non-compliance within a time specified.
(F) Consequences of Non-compliance. In the event that the specified corrective action(s) is not
completed prior to the end of the specified suspension timeframe, the project owner shall be
deemed in violation of the land development regulations, shall forfeit any required cash
deposit for compliance, and shall be subject to code enforcement action. In addition, the
county shall withhold issuance of any future development order, building permit, certificate of
completion, or certificate of occupancy associated with the project site unless and until the
violation is corrected. Notwithstanding the above, a certificate of occupancy may be issued
for a residential unit within a subdivision project site deemed to be in violation if security is
posted with the county that guarantees correction of the violation. For purposes of these
regulations, the subdivision project site shall mean the development area that is the subject of
the certificate of completion.
(G) Limitation. No temporary suspension of compliance shall be granted for building code or fire
code items, or other items directly related to public safety.
(15) The board of county commissioners may hear requests for permanent exceptions to
specific land development regulations for individual development protects, as provided below.
(A) Purpose and intent. This section is established to provide criteria and procedures for
reviewing permanent exceptions to specific land development regulations for individual
development proiects by the board of county commissioners. A permanent exception is
a waiver or modification of a land development regulation not related to public safety or
other particular types of standards or requirements defined herein, and is intended to
allow development with a superior or functionally equivalent alternative design and/or
improvements than would otherwise result under strict compliance with the excepted
regulation.
(B) Approving authority and required rindings. The board of county commissioners is
authorized to grant a permanent exception to a land development regulation as applied
to an individual development proiect, upon making the following findings of fact:
(1) That the permanent exception does not relate to any of the following types of
standards or requirements:
a. Building code
b. Fire code
C. Setbacks
d. Building height
e. Open space or building coverage
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f. Uses
g. Specific land use criteria
h. Public safety
(2) That the purpose and intent of the land development regulation being excepted is
achieved through a superior or functionally equivalent alternative design and/or
through superior or functionally equivalent alternative improvements provided
by the development.
(3) That the proposed superior or functionally equivalent design and/or
improvements includes one or more of the following:
a Enhanced development 'features or improvements that provide public
benefits that are proportionate to the degree of exception or variation
requested.
b. Innovative use of new materials, methods, or technologies that result in a
better or equivalent quality of development.
C. Lav -out that results in a more efficient and/or integrated development
pattern.
d Plan that reduces environmental impacts or enhances/restores
environmental resources.
e Plan that provides a better way to meet or exceed the protections offered
by the regulation being excepted.
(4) That granting the exception and having the development constructed with the
superior or functionally equivalent alternative design and/or superior or
functionally equivalent alternative improvements will not adversely impact
surrounding properties, public facilities, or environmental or historic resources.
(C) Procedures for approval by the board of county commissioners. The prosect developer
shall apply to the planning division for a permanent exception by filing a permanent
exception application form provided by the planning division. The application shall be
accompanied by a fee approved by the board of county commissioners and five (5) sets
of development plans depicting the proposed superior or functionally equivalent
alternative design and/or superior or functionally equivalent improvements. In
addition, the applicant shall submit a description of the land development regulation
being excepted and the proposed alternative design and/or improvements, an
explanation of how the alternative will achieve or exceed the purpose and intent of the
regulation being excepted, reasons for the request, and how the request satisfies each of
the four findings of fact criteria in sub -section (B), above.
(1) Within 30 days of receiving the permanent exception application, the planning
division shall schedule a public hearing at which the board of county
commissioners shall consider the request.
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(2) Prior to each permanent exception hearing, staff shall provide notice of the
hearing in writing to the project owner, and project developer. Notice to
adjacent property owners shall also be provided as specified below.
a. Notice shall be mailed to each owner of property adiacent to the
development project site at least seven (7) days prior to the hearing. The
notice shall contain the name of the applicant, a description of the
permanent exception request, the development project location, and the
date, time, and place of the hearing.
(3) The hearing shall be advertised (published notice) in the same manner as are
rezoning hearings (reference section 902.12).
D) Conditions authorized. The board of county commissioners may attach conditions to the
development approval and/or require guarantees to ensure implementation of the
superior alternative or functionally equivalent design and/or provision and performance
of the superior alternative or functionally equivalent improvements. Guarantees
required may include but are not limited to posted security.
(E) Time limit. A permanent exception shall remain valid as long as the associated
development project site plan or preliminary plat approval remains valid and shall
expire if and when the associated development project site plan or preliminary plat
approval expires.
F) Enforcement. No certificate of occupancy _or certificate of completion shall be issued for
a development project which has received a permanent exception unless the superior or
functionally equivalent alternative design is implemented as approved or unless the
development project is constructed as a conventional development that conforms to all
applicable land development regulations.
"JU6 The board of county commissioners shall, when appropriate, authorize grant
applications for assistance available from state, federal, or private sources for planning or land development
related projects.
" 17 The board of county commissioners shall exercise all powers and duties consistent
with the grant of power contained in F.S. 125.01.
(1-7-)JU8 Notwithstanding any section to the contrary and, as an alternative to misdemeanor
prosecution or other enforcement procedures, an alleged violator of regulations found in County Land
Development Regulations Chapter 927, 928, 929 or 932.06(11) may request that the Board of County
Commissioners, at a public meeting, determine whether or not a violation of the land development
regulations has occurred. The alleged violator may appear, with or without attorney, and present evidence
and information on the alleged violation. The burden of proof shall be on staff to show by a preponderance
of the evidence that a violation has occurred. If the Board of County Commissioners determines that a
violation has occurred, the Board may impose a fine not to exceed five hundred dollars ($500.00) or an
amount set forth in the various penalty sections of the regulations and/or require restoration; if applicable.
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The decision of the Board shall be final. The alleged violator may reject this alternative procedure, in which
case the County may prosecute the alleged violator in the same manner as a misdemeanor in County Court or
take other enforcement action.
SECTION #2: SEVERABILITY.
If any clause, section or provision of this Ordinance shall be declared by a court of competent jurisdiction to
be unconstitutional or invalid for any cause or reason, the same shall be eliminated from this Ordinance and
the remaining portion of this Ordinance shall be in full force and effect and be as valid as if such invalid
portion thereof had not been incorporated therein.
SECTION #3: REPEAL OF CONFLICTING ORDINANCES.
The provisions of any other Indian River County ordinance that are inconsistent or in conflict with the
provisions of this Ordinance are repealed to the extent of such inconsistency or conflict.
SECTION #4: INCLUSION IN THE CODE OF LAWS AND ORDINANCES.
The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of
Indian River County, Florida. The sections of the Ordinance may be renumbered or relettered to accomplish
such, and the word "ordinance" may be changed to "section", "article", or any other appropriate word.
SECTION #5: EFFECTIVE DATE.
This Ordinance shall take effect upon filing with the Department of State.
This ordinance was advertised in the Press -Journal on the 28th day of September , 2009, for a public
hearing to be held on the 13th day of October , 2009, at which time it was moved for adoption by
Commissioner Flescher , seconded by Commissioner O'Bryan , and adopted by the following vote:
Chairman Wesley S. Davis
Vice Chairman Joseph E. Flescher
Commissioner Gary C. Wheeler
Commissioner Peter D. O'Bryan
Commissioner Bob Solari
BOA
^ er
- -�'OFI
r --BYE
Aye
Aye
Aye
Aye
Aye
vTY COMMISSIONERS
R BOUNTY
,r
ijWesley"SAX? is, Chairman
r.
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Ell
ORDINANCE 2009- 017
ATTEST BY: ,
Jeffrey K. Barton, Clerk
This ordinance was filed with the Department of State on the following date:
APPROVED AS TO FORM AND LEGAL SUFFICIENCY
William G. Collins II, County Attorney
APPROVED AS TO PLANNING MATTERS
Robert M. Keating,
Director
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