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ORDINANCE 2005-030 Note: Where more than one buffer and/or screening requirement can be adequately provided together in one buffer area, the board of county commissioners may approve plans to allow the buffer/screening requirements to "overlap." 22. Limited utilities buffer. LDR Section 971.44(3)(d) is hereby amended, to read as follows: (d) Criteria for utilities, public and private --limited: 1. See Chapter 901 for definition of utilities, public and private --limited; 2. Between all above -ground facilities (except distribution and collection facilities) and adjacent property having a residential land use designation a Type "B" buffer (reduce to Type "C" where abutting a local or thoroughfare plan roadway), reduce to "D" buffer where abutting a thoroughfare plan Fealway) (with six-foot opaque screening) as specified in Chapter 926, Landscaping, shall be provided; 3. All below -ground high voltage cables within a utility right-of-way shall be made known to the public through the use of signs posted therein; 4. In all zoning districts except the industrial districts, all equipment, machinery and facilities which cannot by their size or nature be located within an enclosed building shall be separated from adjacent properties having a residential land use designation by a Typed "C" buffer (with six-foot opaque screening) as specified in Chapter 926, Landscaping; 5. Driveways located in close proximity to adjacent properties having a residential land use designation shall provide a six-foot opaque screening between the driveway and adjacent property. An eight -foot opaque screen may be required if deemed necessary to mitigate noise and visual impacts. Note: Where more than one buffer and/or screening requirement can be adequately provided together in one buffer area, the Board of County Commissioners may approve plans to allow the buffer/screening requirements to "overlap." PART VI: GENERAL PROVISIONS. SECTION ONE: 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 TWO: 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. Bold Underline: Additions to Ordinance 13 8441w -through: Deleted Text from Existing Ordinance C:\Documents and Settings\kmassung\Local Settings\Temporary Internet Files \OLKF\2005- Chapters 911 913 and 915.rtf