HomeMy WebLinkAbout2026-015ORDINANCE NO. 2026- 015
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER
COUNTY, FLORIDA, AMENDING TITLE IX, LAND DEVELOPMENT REGULATIONS OF
THE INDIAN RIVER COUNTY CODE, CHAPTER 902, ADMINISTRATIVE
MECHANISIMS; CREATING SECTION 902.13 TO ESTABLISH AN EXPEDITED
PERMITTING AND DEVELOPMENT REVIEW PROCESS FOR QUALIFYING
ECONOMIC DEVELOPMENT AND AFFORDABLE HOUSING PROJECTS;
ESTABLISHING LEGISLATIVE INTENT AND PURPOSE; DEFINING ELIGIBILITY
CRITERIA; PROVIDING STANDARDS FOR EXPEDITED BUILDING AND SITE PLAN
REVIEWS, PERMITTING, AND INSPECTIONS; PROVIDING FOR REPEAL OF
CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, economic development and affordable housing are in the public interest and
a priority of Indian River County to attract and retain businesses, create jobs, and provide
housing opportunities, to enhance the quality of life for its residents; and
WHEREAS, on November 18, 2025, the Board of County Commissioners adopted
Resolution No. 2025-071 approving the Indian River County Affordable Housing Advisory
Committee 2025 Incentives Review and Recommendation Report establishing policies for
expediting development orders and permits; and
WHEREAS, the Indian River County Economic Development Strategic Action Plan was
adopted on January 27, 2026, having a strategy of streamlining the efficiency and pace of
permitting with an incentive policy for expedited permitting; and
WHEREAS, the Economic Development Council reviewed the Ordinance and provided a
recommendation for adoption at their regular meetings on July 21, 2026 and September 15,
2026; and
WHEREAS, the Planning and Zoning Commission considered the Ordinance for
sufficiency with the Indian River County Land Development Regulations and consistency with
the Comprehensive Plan, making a recommendation for adoption at their meeting on
September 10, 2026 .
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA THAT:
Section 1. Establishment. Section 902.13., Chapter 902. of Title IX is hereby made part
of the Land Development Regulations of Indian River County, Florida, which shall be titled
"Expedited Permitting for Economic Development and Affordable Housing" and is as follows
(new language indicated by underline):
ORDINANCE NO. 2026- 015
Section 902.13- Expedited Permitting for Economic Development and Affordable Housing
(1) Purpose and Intent. The Indian River County Board of County Commission finds that
expedited permitting of qualified economic development and affordable housing projects serves
a vital public purpose by expanding the tax base, providing job opportunities, and providing
affordable and safe housing options for its residents. Qualified affordable housing projects and
qualified economic development projects are a priority of the County; therefore, qualifying
projects require a pathway for an efficient and accelerated process for land development review
and permit approvals. The expedited permitting process does not circumvent existing
nonprocedural standards or codes for permit approvals or inspections.
(2) Applicability for Qualifying Projects. Shall be determined by the Planning and Development
Services Director or his designee based upon a complete application submitted by the applicant
for an affordable housing _Project or an economic development project, which certifies the
project meets the following criteria:
(a) Qualified Affordable Housing Project. A qualified affordable housing project is a single-
family home or multi -family building that meets the definition of affordable consistent
with §420.0004, F.S. as amended, for extremely low-income, very -low income, low-
income, and moderate -income persons or households, and whereby the applicant will
be filing a Declaration of Restrictive Covenant or a Land Use Restriction Agreement for
the affordable units.
(b) Qualified Economic Development Project. A qualified economic development project is
a project that meets all the following standards:
1. A target industry as defined within §288.005, F.S., as amended or the Indian
River County Economic Development Strategic Action Plan;
2. A new or expanding business in Indian River County that is creating 25 or
more jobs;
3. The average wage for new lobs created is at or greater than 100% of the
Indian River County average wage;
4. New capital investment of $5,000,000 or greater; and
5. The business must pass a due diligence process for solvency and credibility
performed by the Indian River County Economic Development Organization,
which report will be reviewed by the Economic Development Division for
acceptance.
3) Benefits. Applicants that have been accepted for expedited permitting shall receive the
following benefits:
(a) Single point of contact. The Planning and Development Services Director shall
designate a point of contact for a qualified project during the site plan review and
permit approval process. For a qualified economic development project, the Director
shall appoint a staff person from the County's Economic Development Division. For a
qualified affordable housing project the Director shall appoint a staff person from the
ORDINANCE NO. 2026- 015
County's Planning Division. Notwithstanding, due to the number of departments
responsible for issuing or participating in the issuance of permits, each department or
division shall provide a person responsible for coordinating with the single point of
contact assigned to a qualified project, to facilitate efficiencies and communication.
(b) Initial Site Plan Project Review Meeting. A meeting with the applicant and County to
review the project and identify potential conflicts and limitations early in the process
and to avoid delays during formal review. The Planning and Development Services
Director shall determine the departments or divisions required for an initial project
review meeting. The pre -application meeting may involve the following departments
and divisions as determined:
1. Housing Services
2. Economic Development
3. Building
4. Life Safety
5. Natural Resources
6. Planning
7. Engineering
8. Traffic
9. Utility Services
10. Department of Health
11. County Surveyor
12. County Attorney
(c) Expedited Administrative Site Plan Review Timeframes. Qualified projects shall receive
priority at every pnase of the site plan review, and in the case that a major issue arises
during the development review process a face-to-face meeting will be coordinated
involving all concerned parties as soon as may reasonably be scheduled by the County.
The following expedited permitting timeframes are for qualified projects having
complete site plan applications that do not exceed 150,000 square feet of new
impervious surface:
1. Qualifying determination within 5 business days;
2. Initial site plan review meeting within 10 business days;
3. Completeness review within 5 business days;
4. First review within 15 business days;
5. Resubmittal review within 10 business days.
Review timeframes for expedited permit applications shall be suspended during any
period in which the applicant is required to address completeness reviews, sufficiency
comments, or plan revisions. Site plans exceeding 150,000 square feet of new
impervious surface or needing preliminary plat review, require Planning and Zoning
Commission approval. The expedited permitting timeframe increases by 30 business
days for these applications. After site plan approval, the applicant may secure permits
for land development activities which include, but are not limited to, land clearing,
tree removal, demolition, right-of-way work, stormwater retention, utilities, drives, and
fences.
ORDINANCE NO. 2026- 015
(d) Concurrent Plan Review. Applicants may request concurrent review of site plans and
building plans for permits issued by the Building Division. The applicant must
acknowledge that site plan revisions may necessitate corresponding revisions to
building plans.
(e) Building Plan Pre -submittal Meeting. Upon an applicant's request to the Building
Official, the Building Department will schedule a pre -submittal meeting to address
building code and life safety questions before finalization of building plans. The
meeting will be scheduled as soon as practicable.
(f) Expedited Inspection. As to not detrimentally affect the development and construction
of the building, required building inspections shall be conducted within 2 business days
of the inspection request to the respective departments and divisions during the
development and construction phases of the qualified project.
Section 2. Severability. If any part of this Ordinance is held to be invalid or
unconstitutional by a court c,f competent jurisdiction, the remainder of this ordinance shall not
be affected by such holding and shall remain in full force and effect.
Section 3. Conflict. All ordinances, parts of ordinances, resolutions, and policies in
conflict herewith are hereby repealed.
Section 4. 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 08-26-2026 for a public
hearing to be held on10- 06 bat which time it was moved for adoption by
Commissioner Flescher, seconded by Commissioner Earman and adopted.
The vote on this ordinance was as follows:
Chairman Deryl Loar AYE
Vice Chairman Laura Moss AYE
Commissioner Susan Adams AYE
Commissione' Joseph H. Earman AYE
Commissioner Joseph E. Flescher AYE
The Chairman thereupon declared this ordinance duly passed and adopted this 6 day
of Oc_o b rr ___________,2026.
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA
ORDINANCE NO. 2026- 015
ATTEST: Ryan L. Butler, Clerk of
Court and Comptroller
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By: f i
Deryl Loar, Chairman
This ordinance was filed with the Department of State on the following date:Q.ia�i!/lj/a�dOd�
Approved as to Form and Legal Sufficiency:
By:
J nifer . Shuler, County Attorney
Approved as to Planning Matters:
By:
John St II, Planning & Development Services Director