HomeMy WebLinkAbout2017-009ORDINANCE 2017- 009
AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, CONCERNING
AMENDMENTS TO ITS LAND DEVELOPMENT REGULATIONS (LDRS); PROVIDING
FOR AMENDMENTS TO CHAPTER 926, LANDSCAPE AND BUFFER REGULATIONS; BY
AMENDING SECTION 926.05 GENERAL REQUIREMENTS; 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) CHAPTER 926, LANDSCAPE AND BUFFER REGULATIONS, BE
AMENDED AS FOLLOWS:
SECTION #1:
The Chapter 926 Landscape and Buffer Regulations section 926.05 General Requirements
shall be amended to establish sub -section 926.05(8), to read as follows:
(8) Reduction of landscapinz requirements for proiects in remote agricultural locations. For a
development project subject to Chapter 926 landscape and buffer requirements, situated
on property designated AG -2 (Agricultural 2 up to 1 unit per 10 acres) or AG -3
(Agricultural 3 up to 1 unit per 20 acres), and located west of 102"d Avenue, an applicant
may request a reduction in the requirements of section 926.08 perimeter buffer standards
and section 926.10 non -vehicular area landscaping standards. Such request shall be
considered by the Community Development Director and may be granted by the Director
upon a finding that a reduction in requirements is warranted based on mitigating factors
which may include but are not limited to the following:
(a) Separation of the project development area from adiacent property under different
ownership.
(b) Separation of the project development area from an adjacent residential use.
(c) Presence of intervening vegetation (existing vegetation located between the project
development area and adjacent property) or other intervening features.
(d) Separation and/or intervening vegetation between the project development area and
an adjacent road used by the public.
The project site plan shall note any approved reduction in landscaping requirements and
shall show the project -specific required landscaping improvements.
A decision of the Community Development Director may be appealed as provided in
section 902.07 "Appeals from decision of the community development director or his
designee".
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ORDINANCE 2017- 009
SECTION #3: 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 #4: 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 #5: 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 #6: EFFECTIVE DATE
This Ordinance shall take effect upon filing with the Department of State.
This ordinance was advertised in the Press -Journal on the ? 6th day of ,Tune , 2017, fora public
hearing to be held on the l l th day of July , 2017, at which time it was moved for adoption
by Commissioner Solari , seconded by Commissioner Flescher , and adopted by
the following vote:
Chairman Joseph E. Flescher AYE
Vice Chairman Peter D. O'Bryan AYE
Commissioner Bob Solari WE
Commissioner Tim Zorc AYE
Commissioner Susan Adams AYE
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY
The Chairman thereupon declared the ordinance duly passed and adopted this 11th day of
July , 20;,it`(C�Atry�S•ti.
.•per.••• .5���
_ * oseph E. F escher, Chairman
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ORDINANCE 2017- 009
ATTEST: Jeffrey R. Smith, Clerk of Court andomptroller
BY:
Deputy Clerk
BCC APPff)VAT,: July 11, 2017
This ordinance was filed with the Department of State on the following date:
APPROVED AS TO FORM AND LEGAL SUFFICIENCY
k�"'
Dylan Reingol , County Attorney
APPROVED AS TO PLANNING MATTERS
Stan Boling, y
CP; Community Development Director
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