HomeMy WebLinkAbout2021-002ORDINANCE NO. 2021-002
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA AMENDING SECTION 401.07 (THE
INDIAN RIVER COUNTY WIND BORNE DEBRIS REGION AND BASIC
WIND SPEED MAP) OF PART I (STANDARD CODES GENERALLY) OF
CHAPTER 401 (BUILDING CODES) OF THE CODE OF INDIAN RIVER
COUNTY, TO REPLACE THE EXISTING WIND SPEED MAP WITH TWO
UPDATED WIND SPEED MAPS; AND PROVIDING FOR
CODIFICATION; SEVERABILITY; CONFLICT OF ORDINANCES; AND
EFFECTIVE DATE OF THE ORDINANCE.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT:
Section 1. Enactment Authority.
Article VIII, section 1 of the Florida Constitution and chapter 125, Florida Statutes vest
broad home rule powers in counties to enact ordinances, not inconsistent with general or
special law, for the purpose of protecting the public health, safety and welfare of the
residents of the county. The Indian River County Board of County Commissioners
specifically determines that the enactment of this ordinance is necessary to protect the
health, safety and welfare of the residents of Indian River County.
Section 2. Amendment of Section 401.07 (The Indian River County Wind Borne
Debris Region and Basic Wind Speed Map) of Part 1 (Standard Codes Generally) of
Chapter 401 (Building Codes) of the Code of Indian River County, Florida.
Section 401.07 (The Indian River County Wind Borne Debris Region and Basic Wind
Speed Map) of Part 1 (Standard Codes Generally) of Chapter 401 (Building Codes) of the
Code of Indian River County, Florida is hereby stricken in its entirety and replaced with
the following:
CHAPTER 401. — BUILDING CODES
PART 1. - STANDARD CODES GENERALLY
Section 401.07. - The Indian River County Wind Borne Debris Region and Basic
Wind Speed Map.
Indian River County hereby adopts and establishes the geographic boundary of
the wind borne debris regions in Indian River County as set out in the attached Exhibit 1
"Indian River County Wind Speeds Risk Categories 1 thru 3 Map" and Exhibit 2 "Indian
River County Wind Speeds Risk Category 4 Map." This wind borne debris region
ORDINANCE NO. 2021- 002
Edition, and has a basic wind speed of one hundred forty (140) miles per hour or greater.
Wind borne debris requirements of the Florida Building Code applies in the entire county.
Section 3. Codification. It is the intention of the Board of County Commissioners that
the provision of this ordinance shall become and be made part of the Indian River County
Code, and that the sections of this ordinance may be renumbered or re -lettered and the
word ordinance may be changed to section, article or such other appropriate word or
phrase in order to accomplish such intention.
Section 4. Severability. If any part of this ordinance is held to be invalid or
unconstitutional by a court of competent jurisdiction, the remainder of this ordinance shall
not be affected by such holding and shall remain in full force and effect.
Section 5. Conflict. All ordinances or parts of ordinances in conflict herewith are hereby
repealed.
Section 6. Effective Date. This ordinance shall become effective upon adoption by the
Board of County Commissioners and filing with the Department of State.
This ordinance was advertised in the Indian River Press Journal on the 20th day of
December, 2020, for a public hearing to be held on the 5th day of January, 2021, at which
time it was moved for adoption by Commissioner Earman seconded by
Commissioner o'Bryan , and adopted by the following vote:
Chairman Joseph E. Flescher
AYE
Vice -Chairman Peter D. O'Bryan
AYE
Commissioner Susan Adams
AYE
Commissioner Joseph Earman
AYE
Commissioner Laura Moss
AYE
The Chairman thereupon declared the ordinance duly passed and adopted this5th day
of January, 2021.
ATTEST: Jeffrey R. Smith, Clerk
and Comptroller
BY: 7
Deputy Clerk
BOARD OF COUN-,7, cohr ass%
COMMISSIONERS OF INDIAN,
COUNTY, FLORIDA
By:
i6sepfi E. Flesc er, Chairmafi;��oU��'o���P`t
APPROVED /AS 'r�,.a' FORM
BY
211E`3°L AN = EiYlUOLO
OOi.dN? ;r AiTtRN EY
ORDINANCE NO. 2021-002
Deputy Clerk
EFFECTIVE DATE: This Ordinance was filed with the Department of State on the
day of j Jr , 2021.
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