Title IX shall be known and may be cited as the Indian River County Land Development Regulations Ordinance.

(Ord. No. 90-16, § 1, 9-11-90)

(1)

This title is adopted pursuant to the authority contained in Article VIII, Section 1 Florida Constitution, Section 163.3202, Florida Statutes, Chapter 9J-24, Florida Administrative Code, and Section 125.01 Florida Statutes.

(2)

Whenever any provision of this title refers to or cites a section of Chapter 163 or 125, Florida Statutes it shall be deemed to refer to those sections, as amended.

(Ord. No. 90-16, § 1, 9-11-90)

(1)

This title shall be effective throughout the county's planning jurisdiction comprised of all the unincorporated portion of the county and such jurisdiction within municipalities as may be conferred by Florida law.

(Ord. No. 90-16, § 1, 9-11-90)

The provisions in this title were adopted on September 11, 1990 and became effective on September 21, 1990.

(Ord. No. 90-16, § 1, 9-11-90)

To the extent that the provisions of this title are the same in substance as the previously adopted provisions that they replace in the county's zoning, or other ordinances, they shall be considered as continuations thereof and not as new enactments unless otherwise specifically provided. In particular, a situation that did not constitute a lawful, nonconforming situation under the previously adopted zoning ordinance does not achieve lawful nonconforming status under this title merely by the repeal of the prior zoning ordinance.

(Ord. No. 90-16, § 1, 9-11-90)

In the case of inconsistency between the adopted comprehensive plan and these land development regulations the adopted planning policy will take precedence, pursuant to Florida Statutes 163.3194 (1)(b).

(Ord. No. 90-16, § 1, 9-11-90)

The purpose and intent of this title is to implement the adopted Indian River County planning policies as set out in Title VIII, Comprehensive Plan, and to provide land development regulations pursuant to Section 163.3202, Florida Statutes, for the following:

(a)

Regulate the subdivision of land;

(b)

Regulate the use of land and water for those land use categories included in the land use element of the Indian River County Comprehensive Plan and ensure the compatibility of adjacent uses and provide for open space;

(c)

Provide for the protection of potable water wellfields;

(d)

Regulate areas subject to seasonal and periodic flooding and provide for drainage and stormwater management;

(e)

Ensure the protection of environmentally sensitive land designated in the Indian River County Comprehensive Plan;

(f)

Regulate signage;

(g)

Provide that public facilities and services meet or exceed the standards established in the capital improvements elements of the Indian River County Comprehensive Plan, and that such public facilities and services are available when needed for developments, or that development orders and permits are conditioned on the availability of these public facilities and services necessary to serve the proposed development; and

(h)

Ensure safe and convenient on-site traffic flow, considering needed vehicular parking.

(Ord. No. 90-16, § 1, 9-11-90)

(1)

Subject to the nonconforming section of this title, no person may use, occupy, or sell any land or buildings or authorize or permit the use, occupancy, or sale of land or buildings under his control except in accordance with all of the applicable provisions of this chapter.

(2)

For purposes of this section, the "use" or "occupancy" of a building or land relates to anything and everything that is done to, on, or in that building or land.

(Ord. No. 90-16, § 1, 9-11-90)

(1)

Reasonable fees sufficient to cover the costs of administration, inspection, publication of notice and similar matters may be charged to applicants for zoning permits, sign permits, administrative use permits, special use permits, subdivision plat approval, zoning amendments, variances, special exception and other administrative functions. The amount of the fees charged shall be established by resolution of the board filed in the office of the board of county commissioners.

(2)

Fees established in accordance with subsection (1) shall be paid upon submission of a signed application or notice of appeal.

(Ord. No. 90-16, § 1, 9-11-90)