HomeMy WebLinkAbout2025-009ORDINANCE NO. 2025- 009
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA AUTHORIZING A TEMPORARY
MORATORIUM FOR ONE (1) YEAR, WITHIN THE UNINCORPORATED
AREAS OF INDIAN RIVER COUNTY SPECIFIC TO THE OSLO CORRIDOR
STUDY AREA PROHIBITING THE FILING, ACCEPTANCE, PROCESSING
AND/OR CONSIDERATION OF ANY APPLICATION OR REQUEST FOR A
ZONING CHANGE OR COMPREHENSIVE PLAN AMENDMENT;
PROVIDING FOR THE IMPLEMENTATION OF ADMINISTRATIVE ACTIONS;
PROVIDING A SAVINGS CLAUSE; PROVIDING FOR NONCODIFICATION
AND SCRIVENER'S ERRORS; PROVIDING FOR CONFLICTS; PROVIDING
FOR SEVERABILITY; REPEAL OF CONFLICTING PROVISIONS, AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, as provided in Article VIII, Section 1 of the Florida Constitution and
Chapter 125, Florida Statutes, counties have broad home rule powers 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; and
WHEREAS, the Indian River County Board of County Commissioners ("Board")
specifically determines that the enactment of this ordinance is necessary to protect the
health, safety and welfare of the residents of Indian River County; and
WHEREAS, pursuant to Section 163.3202, Florida Statutes, Indian River County
has enacted land development regulations, consistent with its adopted Comprehensive
plan, which protect the quality of life in Indian River County; and
WHEREAS, the County has not comprehensively evaluated and analyzed the Oslo
Corridor; and
WHEREAS, on May 20, 2025, the Board determined that a temporary moratorium
of one (1) year was necessary to allow the Planning and Development Services
Department sufficient time to analyze, evaluate, and comprehensively restructure the
Future Land Use designations, as well as to finalize cohesive development guidelines and
architectural standards specific to the Oslo Corridor study area; and
WHEREAS, a temporary moratorium is a recognized important land -use planning
tool to preserve the status quo during the planning process and ensure the community's
problems are not exacerbated during the time it takes to formulate a regulatory scheme; and
WHEREAS, the Growing Smart User's Manual, published by the American Planning
Association, identifies a temporary moratorium as a smart growth tool used to avoid "a rush
of development applications before a local government can adopt or amend its
comprehensive plan or development regulations" (Meck, S. E.D., 2002a, p 51); and
WHEREAS, the Growing Smart Legislative Guidebook, also published by the
American Planning Association, conveys that the "first purpose for moratoria is when a local
ORDINANCE NO. 2025- 009
government is preparing a comprehensive plan or extensive amendment of land
development regulations" (Meck, S. E.D., 2002b, p 8-179).
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT:
Section 1. Recitals Adopted
Each of the recitals set forth above is hereby adopted, re -adopted and incorporated
herein.
Section 2. Enactment Authorit
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 Board 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 3. Temporary Moratorium.
Beginning on the effective date of this ordinance and continuing for a period of one (1)
year—unless rescinded earlier by subsequent ordinance of the Indian River County Board
of County Commissioners—a temporary moratorium is hereby imposed within the Oslo
Corridor Study Area located in the unincorporated area of Indian River County. During the
term of this moratorium, the County shall suspend the filing, acceptance, processing,
and/or consideration of any application or request for a zoning change or Comprehensive
Plan amendment affecting properties within the designated Oslo Corridor Study Area. See
attached Exhibit A.
Section 4. Expiration of Temporary Moratorium.
The temporary moratorium imposed by Section 3 of this ordinance expires one (1) year
from the moratorium effective date set forth in this ordinance. The moratorium may be
extended or terminated early by adoption of an ordinance or resolution of the Indian River
County Board of County Commissioners.
Section 5. 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 6. Conflict.
All ordinances or parts of ordinances in conflict herewith are hereby repealed.
Section 7. Effective Date. This ordinance shall become effective upon adoption by the
Board of County Commissioners and filing with the Department of State.
ORDINANCE NO. 2025- 009
This ordinance was advertised in the Indian River Press Journal on the 1st day of June,
2025, for a public hearing to be held on the 17th day of June, 2025, at which time it was
moved for adoption by Commissioner Adams , seconded by Commissioner
Earman and adopted. The vote on this ordinance was as follows:
Chairman Joseph E. Flescher AYE
AYE
Vice Chairman Deryl Loar
Commissioner Susan Adams AYE
Commissioner Joseph H. Earman AYE
Commissioner Laura Moss AYE
The Chairman thereupon declared the ordinance duly passed and adopted this 17th day
of June, 2025.
BOARD OF COUNTY COMMISSIONERS ,� '����. .Ss%•�,,
OF INDIAN RIVER COUNTY
BY.
J seph E. Flescher, Chairman
ATTEST: Ryan L. Butler, Clerk of Court and Comptroller
BY: omhO'o
Deputy Clerk
ORDINANCE NO. 2025- 009
This ordinance was filed with the Department of State on the following date
APPR VEDA RM AND LEGAL SUFFICIENCY
--� // 'M
Jennifer W. Sh ounty ttomey OR
Susan J. Prado, Deputy County Attorney
APPROVED ASTO PLANNING MATTERS
C Batter; Planning & Development Services Director