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ORDINANCE 2004-041 and vegetation, or high winds, hurricane, tornado, flooding, fire, or other act of God. If a permit required by this chapter has been issued concurrently with site plan or subdivision approval, then such permit shall run concurrently with the site plan or subdivision approval and shall be renewed together therewith. Section 927.12. Determination of critical root zone. The critical root zone (CRZ) is an area around a tree that is regulated by the Indian River County Land Development Regulations for the purpose of protecting the roots and trunk of a protected tree or a specimen tree, both during and after construction. It is a circular area using a radius measured from the center of the tree. The radius is calculated as one (1) foot of radius for each one (1) inch of diameter at breast height (4.5 feet above grade). For any fraction of a foot over a whole foot, the diameter at breast height will be rounded up to the next whole number. Example: a tree has a diameter at breast height of twenty-one and one-quarter (21 1/4) inches; the CRZ is a circle, centered on the center of the tree, with a radius of twenty-two (22) feet. In no event shall the CRZ be less than an area measured five (5) feet radially from the center of the tree at its base unless expressly determined by the environmental planner that a smaller, specified CRZ may be established. A tree well design shall be required as appropriate in cases when the placement of fill threatens the viability of a protected tree or specimen tree to be preserved. Section 927.13. Local permit not exclusive. It is the intent of this chapter that permits or approval required hereunder shall be in addition to and not in lieu of any federal, state, regional or other local approvals .e that may be required for the same or similar activities. In the event this chapter conflicts with any other regulations on this subject matter, the more restrictive shall apply, with the exception that in a municipality, the municipal ordinance shall prevail. Compliance with provisions of this chapter does not excuse any person for noncompliance with other applicable federal, state, regional or local laws. Section 927.14. Open burning/air curtain incinerator regulations referenced. The provisions of Chapter 925, Open Burning/Air Curtain Incinerator Regulations, shall apply regarding the burning of debris associated with land clearing and tree removal activities, as applicable. Section 927.15. Variances and administrative appeals. A variance from any of the substantive requirements of this chapter or an appeal of any administrative determination made by the environmental planner may be obtained in accordance with the procedures set forth for such relief under the land development regulations of Indian River County; however, the planning and zoning commission of Indian River County shall be the board to which all such variance requests or appeals are made. Section 927.16. Tree protection as justification for variance relief from other land development regulations. Inasmuch as the requirements of this chapter have been determined to be of vital importance to the health, safety and well-being of the community, the desire to preserve a protected tree or specimen tree, whether mandated by this chapter or not, shall be considered prima facie a unique or special condition or circumstance peculiar to the land involved for the purpose of application for a variance from the literal requirements of land development regulations pertaining to building setbacks, parking space requirements, or minor or residential street right-of-way widths, provided adjustments -14- Underline depicts addition of text; strike depicts deletion of text. 1 .A(C )nunanity C:lavek>pinen� [)yurs'•.l t)1.,1tiC>�I DR 927 "1les Ord �cci.itnr,'2t�U..� if)it �:[iee t)<<1 uUt�=+ �:}_ d 0