HomeMy WebLinkAbout2021-013L
ORDINANCE NO. 2021- 013
AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA,
AMENDING SECTION 103.03 (REGULATORY
COMMISSIONS AND BOARDS) OF CHAPTER 103
(COMMISSIONS AND BOARDS) OF THE CODE OF INDIAN
RIVER COUNTY IN ORDER TO INCLUDE AN ALTERNATE
ON THE PLANNING AND ZONING COMMISSION;
PROVIDING FOR CONFLICT AND SEVERABILITY;
PROVIDING FOR CODIFICATION; AND PROVIDING FOR
AN EFFECTIVE DATE.
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 103.03 (Regulatory commissions and boards) of
Chapter 103 (Commissions and boards).
New language indicated by underline, and deleted language indicated by .
Section 103.03 (Regulatory commissions and boards) of Chapter 103 (Commissions and
boards) of the Code of Indian River County, Florida is hereby amended to read as follows:
CHAPTER 103- COMMISSIONS AND BOARDS
Section 103.03.- Regulatory commissions and boards.
1.Planning and zoning commission. There is hereby created a planning and
zoning commission to carry out the procedures, duties, and functions set forth for
it in the zoning ordinances. The board shall consist of seven (7) members and
one alternate plus a school board representative designated and approved by the
school board who shall be a non-voting member of the planning and zoning
commission. Each county commissioner shall appoint one (1) member who must
reside in that commissioner's district. The remaining two (2) members and the
alternate shall be appointed from the public at large. The alternate shall be a
voting member of the planning and zoning commission in the event of the
absence of one of the seven voting members. The board shall be the local
planning agency for the county. All members shall be residents of the county.
Section 3. Conflict. All ordinances or parts of ordinances in conflict herewith are hereby
repealed.
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. 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 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 10th day of
September, 2021, for a public hearing to be held on the 21St day of September, 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 H. Earman
AYE
Commissioner Laura Moss
AYE
The Chairman thereupon declared the ordinance duly passed and adopted this 21St day
of September, 2021.
BOARD OF COUNTY•"5V,6
COMMISSIONERS OF INDIAN Rl*. ". •M�ss�o'z.
COUNTY, FLO A ; *Y�
o h E. Flescher, Chairman '0v
ATTEST: Jeffrey R. Smith, Clerk
and Co ptroller '`•�FRcourin''
By:4 11146GVIJ
Deputy Clerk
EFFECTIVE DATE: This Ordinance was filed with the Department of State on the ?zW
day of qgp6e&A0v0' , 2021.
APPR0Vr1.--D AS TO FORM
AiNI'D UEGAL SUFFICIE-NICY
BY
YLAINJ F112-ING01-0
COUNTY Al-TORNEY