HomeMy WebLinkAbout2021-003ORDINANCE NO. 2021- 003
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA AMENDING SECTION 904.05
(EXPANSION, INCREASE, OR CHANGE OF NONCONFORMITY) OF
CHAPTER 904 (NONCONFORMITIES) OF THE CODE OF INDIAN
RIVER COUNTY, TO ALLOW FOR SINGLE FAMILY HOMES ON
CERTAIN NONCONFORMING PROPERTIES; 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 904.05 (Expansion, increase, or -change of nonconformities)
of Chapter 904 (Nonconformities) of the Code of Indian River County, Florida.
New language indicated by underline, and deleted language indicated by strikethrough.
Section 904.05 (Expansion, increase, or change of nonconformities) of Chapter 904
(Nonconformities) of the Code of Indian River County, Florida is hereby amended to read as
follows:
CHAPTER 904. — NONCONFORMITIES
Section. 904.05. —Expansion, increase, or change of nonconformities.
PMWA
7) Sinale-familv homes on nronerties with existing nonconforming communications towers.
No more than two single family homes, if otherwise permitted in the applicable zoning,
district, can be allowed to be built, subject to all other zoning requirements, on property
with a nonconforming communications tower, so long as the homes are set back at least
250 feet from the communications tower and the property owner, and the property owners'
successors and assigns hold the county, and its commissioners, officers, employees and
agents, harmless from any claims or damages relatingto o the granting of such authority.
ORDINANCE NO. 2021- 003
APPROVED AS TO FORM AND LEGAL SUFFICIENCY
Dylan 4 gold, County Attorney
APPROVED AS TO PLANNING MATTERS
Phillip J. Matson, AICP; Community Development Director
ORDINANCE NO. 2021- 003
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 Yd day of January, 2021,
for a public hearing to be held on the 19d' day of January, 2021, at which time it was moved for
adoption by Commissioner 0' Bryan seconded by Commissioner Earman and
adopted by the following vote:
Chairman Joseph E. Flescher - AYE
Vice -Chairman Peter D. O'Bryan AYE
Commissioner Susan Adams AYE_
Commissioner Joe Earman AYE
Commissioner Laura Moss AYE
The Chairman thereupon declared the ordinance duly passed and adopted this 19th day of
January , 2021,
BOARD OF •o>y1'�i`
COMMISSIONERS OF IN: .f VE
COUNTY, FLORIDA ,
By: •�' - ' `P:
se E. Flesc er, Chairni
ATTEST: Jeffrey R. Smith, Clerk
and omptroller
By:
Deputy Clerk
EFFECTIVE DATE: This Ordinance was filed with the Department of State on the - f day
of J1 oaf• , 2021.