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INDIAN RIVER COUNTY ORDINANCE NO. 83-2 <br />AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS <br />OF INDIAN RIVER COUNTY, FLORIDA; AMENDING INDIAN <br />RIVER COUNTY ORDINANCE NO. 71-3; MODIFYING THE <br />DEFINITION OF STRUCTURE TO EXCLUDE RESIDENTIAL <br />DRIVEWAYS UNDER CERTAIN PRESCRIBED CONDITIONS; <br />PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND <br />ORDINANCES; SEVERABILITY AND EFFECTIVE DATE. <br />NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY <br />COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: <br />SECTION 1 <br />Ordinance No. 71-3 Section 2, paragraph referenced as <br />"Structures" is hereby amended to read: <br />Anything constructed or erected, the use of which <br />requires a permanent location on the ground or is attached to <br />4_ something having a permanent location on the ground. <br />Provided, however, that paved driveways serving as the <br />primary access to a dwelling unit shall not be considered a <br />structure if the driveway is: <br />a. A minimum of five (5' ) feet from the nearest side <br />lot line at the point of intersecting the right-of-way, <br />b. Constructed not less than two (21) feet from the <br />side lot line, <br />c. Constructed in such a manner as to prevent the <br />discharge of stormwater runoff to adjacent property, unless <br />stormwater is directed to legal positive outfall, <br />d. Constructed upon any portion of the side yard and it <br />serves as a means of ingress and egress to a side or rear yard <br />facing garage or carport, and is not designed to store or park any <br />s <br />vehicles upon that portion within the side yard. <br />e. Constructed to extend into any county or private <br />right-of-way.or utility easement if the builder shall have first <br />received a right-of-way or utility permit from the Public Works <br />Division or the Utilities Division, respectively, provided that no <br />concrete or asphalt driveway shall be constructed in any <br />right-of-way where the street is unpaved. <br />-1- <br />J A N 5 1983 503 <br />