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1983-41
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1983-41
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Last modified
3/20/2019 10:47:06 AM
Creation date
10/5/2015 9:48:09 AM
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Ordinances
Ordinance Number
1983-41
Adopted Date
11/16/1983
Ordinance Type
Trees Mangroves and Dunes
State Filed Date
11\21\1983
Subject
Trees Mangroves and Dune Vegetation
Supplemental fields
SmeadsoftID
13020
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protective barrier proposed, or other relevant criteria, and shall <br />be established for the purpose of protecting the roots and trunk <br />of a protected tree both during and after construction. In no <br />event shall the protected area exceed the drip line of the canopy <br />area, nor shall the protected area be less than an area measured <br />five (5) feet radially from the center of the tree at its base. <br />SECTION 13 <br />LOCAL PERMIT NOT EXCLUSIVE <br />It is the intent of this ordinance that permits or <br />approvals required hereunder shall be in addition to and not in <br />lieu of any federal, state, regional or other local approvals <br />which may be required for the same or similar activities. In the <br />event this ordinance conflicts with any other regulations on this <br />subject matter, the more restrictive shall apply, with the excep- <br />tion that in a municipality, the municipal ordinance shall pre- <br />vail. Compliance with provisions of this ordinance does not <br />excuse any person for iron -compliance with other applicable <br />federal, state, regional or local laws. <br />,.--1 I. <br />VARIANCES AND ADMINISTRATIVE APPEALS <br />A variance from any of the substantive requirements of <br />this ordinance or an appeal of any administrative determination <br />made by the Environmental Planner may be obtained in accordance <br />with the procedures set forth for such relief under the current <br />Zoning Ordinance of Indian River County, however, the Planning and <br />Zoning Commission of Indian River County shall be the Board to <br />which all such variance requests or appeals are made. <br />SECTION 15 <br />TREE PROTECTION AS JUSTIFICATION FOR VARIANCE RELIEF <br />FROM OTHER LAND DEVELOPMENT REGULATIONS <br />Inasmuch as the requirements of this ordinance have been <br />determined to be of vital importance to the health, safety ar.d <br />well-being of the community, the desire to preserve a protected <br />tree, whether mandated by this ordinance or not, shall be <br />considered prima facie a unique or special condition or <br />-17- <br />
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