HomeMy WebLinkAbout2023-016ORDINANCE 2023-016
AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 914.06
(GENERAL THRESHOLDS AND PROCEDURES FOR SITE PLAN REVIEW AND
APPROVAL) OF CHAPTER 914 (SITE PLAN REVIEW AND APPROVAL PROCEDURES), OF
THE CODE OF INDIAN RIVER COUNTY; PROVIDING FOR CONFLICT AND
SEVERABILITY; PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN
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 914, SITE PLAN REVIEW AND APPROVAL
PROCEDURES BE AMENDED AS FOLLOWS:
SECTION #1:
Amend LDR Section 914.06, as follows:
Section 914.06. - General thresholds and procedures for site plan review and approval.
(1) Site plan thresholds.
(a) Major site plans. The following projects shall constitute major site plan projects and
shall require, except as noted in paragraph 4 below, major site plan approval.
1. Residential projects having three (3) or more dwelling units.
2. Nonresidential projects comprised of five thousand (5,000) square feet or more or
new impervious surface area, or projects comprised of new impervious surface area
representing more than ten (10) percent of the site/area of development, whichever is
less.
3. Where three (3) or more minor site plan requests or six (6) or more administrative
approval requests for a single project area/site have been submitted and approved
over any five-year period of time; where potential cumulative impacts exceed the
criteria of a major site plan application or together may create a substantial impact,
the director of the community development department may require any subsequent
minor site plan or administrative approval application to be reviewed pursuant to the
criteria of a major site plan.
4. The following major site plan projects shall require the same approval process
required of minor site plan projects:
a. Residential projects that constitute a permitted use and that propose less
than twenty-five (25) residential units.
b. Nonresidential projects involving less than one hundred fifty thousand
(150,000) square feet of new impervious surface area, regardless of new
building area amount.
c. Solar facilities located in the A-1, A-2, and/or A-3 zoning districts
recardless of new impervious area.
Bold Underline: Additions to Ordinance
Strike through:: Deleted Text from Existing Ordinance
ORDINANCE 2023- 016
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 Indian River Press Journal on the 15th day of October, 2023,
for a public hearing to be held on the 31" day of October, 2023, at which time it was moved for
adoption by Commissioner F 1 e s ch e r seconded by Commissioner Lo a r and
adopted by the following vote:
Chairman Joseph H. Earman
AYE
Vice Chairman Susan Adams
AYE
AYE
Commissioner Joseph E. Flescher
Commissioner Deryl Loar
AYE
Commissioner Laura Moss
AYE
The Chairman thereupon declared the ordinance duly passed and adopted this 31st day of
October , 2023.
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY ..44-E....... sio
I
H. Earman,
�'� FRCOUN�'•
....... ... .
Bold Underline: Additions to Ordinance 2
Strike through! Deleted Text from Existing Ordinance
ORDINANCE 2023- 016
ATTEST: Ryan L. Butler, Clerk of Court and Comptroller
BY:
44z)�' "A�J—
Deputy Clerk
This ordinance was filed with the Department of State on the following date:a)6'4y"b"'I, TXAAa
APPROVED AS TO FORM AND L L SUFFICIENCY
William K. DeBraal, County Attorney
APPROVED AS TO PLANNING MATTERS
Andre czak; Planning and Development Services Director
Bold Underline: Additions to Ordinance
Soike thmughi Deleted Text from Existing Ordinance