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y t ORDINANCE NO. 91-48 <br />Section 89: Sec_tion929.07(1� of Chapter 929, Upland Habitat <br />Protection, is hereby amended to read as follows: <br />(1) For parcels created after June 18, 1991 along the St. <br />Sebastian River, a one -hundred foot shoreline protection buffer is <br />hereby established measured from the mean high water mark of the <br />river or fifty feet from the landward boundary of jurisdictional <br />wetlands along the river or any tributary, whichever is greater <br />(cross-reference Sec. 911.12(4)(e)). For parcels of record which <br />existed -prier -to -June 1-8 11}91-a-fif-ty-foot shoreline -protection <br />buffer for unplatted parcels, and a twenty-five foot buffer for <br />existing platted lots is hereby established on land parcels <br />bordering the St. Sebastian River or the Indian River Lagoon <br />Aquatic Preserve, measured from the mean high water line. In no <br />case, however, with reference to Mjj=1 parcels or lots of record <br />which existed prior to June 18, 1991, shall the bufferiq exceed <br />twenty (20) percent of the parcel or lot depth perpendicular to the <br />applicable waterway. <br />SECTION 90: <br />REPEAL OF CONFLICTING PROVISIONS <br />All previous ordinances, resolutions, or motions of the Board <br />of County Commissioners of Indian River County, Florida which <br />conflict with the provisions of this ordinance are hereby repealed <br />to the—extent- of --such conflict.AllSpecial —Acts of the <br />legislature applying only to the unincorporated portion of Indian <br />River County and which conflict with the provisions of this <br />ordinance are hereby repealed to the extent of such conflict. <br />SECTION 91: <br />CODIFICATION <br />The provisions of - is orc'inance shall be incorporated into <br />the County Code and the word "Ordinance" may be changed to <br />"section", "article", or other appropriate word, and the sections <br />of this ordinance may be renumbered or relettered to accomplish <br />such intentions. <br />SECTION 92: <br />SEVERABILITY <br />If any section, part of a sentence, paragraph, phrase or word <br />of this ordinance is for any reason held to be unconstitutional, <br />inoperative or void, such holdings shall not affect the remaining <br />portions hereof and it shall be construed to have been the <br />legislative intent to pass this ordinance without such <br />unconstitutional, invalid or inoperative part. <br />SECTION 93: <br />EFFECTIVE DATE <br />The provisions of this ordinance shall become effective upon <br />receipt from the Florida Secretary of State of official <br />acknowledgement that this. ordinance has been filed with the <br />Department of State of the State of Florida. <br />Coding: Words in • . -•• type are deletions from existing law. <br />Words underlined are additions. <br />SmeadSoft Reprint Date: Friday, August 23, 2013 - 12:40:36 - OffcialDocuments:646, Attachment Id 0, Page 78 <br />