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M ORDINANCE 2004- 001 These special buffering and landscaping 2. Repeal provisions shall with the State of Florida. apply whether or not a subdivision is separated from an arterial or collector road right-of-way by an intervening canal or similar right -of -wad The landscape buffer shall be located in an easement or tract to be dedicated to and maintained by a homeowners' association. All previous ordinances, resolutions, or motions of the Board of County Commissioners of Indian River County, Florida which conflict with the provisions of this ordinance are hereby repealed to the extent of such conflict. All special Acts of the legislature applying only to the unincorporated portion of the Indian River County which conflict with the provisions of this ordinance are hereby repealed to the extent of such conflict. 3. Codification The provisions of this ordinance shall be incorporated into the County Code and the word "Ordinance" may be changed to "section", "article", or other appropriate word, and the sections of this ordinance may be renumbered or re -lettered to accomplish such intentions. 4. Severability If any section, part of a sentence, paragraph, phrase or word of this ordinance is for any reason held to be unconstitutional, inoperative, or void, such holdings shall not affect the remaining portions hereof and it shall be construed to have been the legislative intent to pass this ordinance without such unconstitutional, invalid or inoperative part. 5. Effective Date 2. Repeal of Conflicting Provisions with the State of Florida. All previous ordinances, resolutions, or motions of the Board of County Commissioners of Indian River County, Florida which conflict with the provisions of this ordinance are hereby repealed to the extent of such conflict. All special Acts of the legislature applying only to the unincorporated portion of the Indian River County which conflict with the provisions of this ordinance are hereby repealed to the extent of such conflict. 3. Codification The provisions of this ordinance shall be incorporated into the County Code and the word "Ordinance" may be changed to "section", "article", or other appropriate word, and the sections of this ordinance may be renumbered or re -lettered to accomplish such intentions. 4. Severability If any section, part of a sentence, paragraph, phrase or word of this ordinance is for any reason held to be unconstitutional, inoperative, or void, such holdings shall not affect the remaining portions hereof and it shall be construed to have been the legislative intent to pass this ordinance without such unconstitutional, invalid or inoperative part. 5. Effective Date This ordinance was advertised in the Vero Beach Press Journal on the 31 sday of December_ 2003, for public hearing to be held on the 13thday of January , 2004 at which time at the final hearing it was moved for adoption by Commissioner Adams seconded by Commissioner Mar.,bt , and adopted by the following vote; The ordinance was adopted by a vote of: Chairman Caroline Ginn Aye Vice Chairman Arthur Neuberger Aye Commissioner Fran Adams _Aye Commissioner Thomas Lowther Aye Commissioner Kenneth Macht Aye Coding: Words in'�-i'�type are deletions from existing law. Words underlined are additions 2 This ordinance shall take effect upon filing with the State of Florida. This ordinance was advertised in the Vero Beach Press Journal on the 31 sday of December_ 2003, for public hearing to be held on the 13thday of January , 2004 at which time at the final hearing it was moved for adoption by Commissioner Adams seconded by Commissioner Mar.,bt , and adopted by the following vote; The ordinance was adopted by a vote of: Chairman Caroline Ginn Aye Vice Chairman Arthur Neuberger Aye Commissioner Fran Adams _Aye Commissioner Thomas Lowther Aye Commissioner Kenneth Macht Aye Coding: Words in'�-i'�type are deletions from existing law. Words underlined are additions 2