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SmeadSoft Reprint Date: Friday, August 23, 2013 - 1 ORDINAICE -NE�J .-boat-shelter or other waterfront structure may encroach required riparian side yard setback, as extended waterward for the zoning district in which the _proiect_is located, unless such an encroachment is necessary for the utilization of riparian rights. Notwithstanding, an applicant shall have an opportunity to apply for an Administrative Approval to construct a water front structure within a riparian. side yard setback, under the following circumstances. a) SharecrfacilMes - Adjoining -property des mng-to share.• dock/boat slip facilities may apply for ,Administrative Approval pursuant to the provisions of Chapter 914. The applicants shall provide a detailed plarrshowing-t-he-dock-. location -and-c-onf iguration and -al -1 aquatic and shoreline vegetation. If .approved, 'shared' facilities may allow for up -to -four --(4-) or less, boat slips. without being considered multi -slip facilities. The-applicant(s) shall also*provide written conformation of a recorded access easement which verifies joint access to -the. proposed structure. Adjoining :Property' owners sharing dock boat/slip facilities shall not be permitted to construct additional, separate dock/boat slip facilities prior to the removal of .tfie existing -structure. Encroachment of the shared facility.may only occur with res to the adjoining property-owner`s shared.lot lines. (b) Hardships - in cases where lot configurations may create hardship asapplied to riparian side =yard -setback encroachment of single-family dock/boat slips,. the applicant may apply for- Administrative Approval, pursuant to the provisions of Chapter 914. The applicant shall provides detailed plan -indicating the nature of the hardship as well as .the proposed dock location, specifications and an aquatic or shoreline vegetation. .o• • • • •- .•• e o - •. • '• • •o- • County staff shall notify any affected adjacent property owner, as applicable, of the pending application. In all cases, the proposed encroachment -shall be the minimum necessary to allow for the desired use. (5) Environmental impact considerations. Piers, docks, boat shelters; -and -other waterfront structures shall be located -in order to minimize negative impacts on shoreline vegetation and marine grassbeds, as applicable. On riparian,property where the location of'a waterfront structure over or in the vicinity of.licght-�sens-itive_aguatic_vegetation (such as seagrasses)-is unavoidable, such structure (or portion thereof) shall be constructed_ a minimum of five (5) feet above the mean high water level where said aquatic vegetation exists or could potentially exist, as determined by county environmental planning staff. Said determination shall be based on staff review of seagrass inventory information and site specific conditions. Section 13: Repeal of Conflicting Provisions All previous- ordinances, resolutions, or motions of the Board of Count -T -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 Coding: Words in • type are deletions from existing law. Words unde—Min-ed are additions. 10 1:54:22- OFticialDocuments:621, Attachment Id 0, Page 10 -