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ORDINANCE 2013-022 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA CONCERNING AMENDMENTS TO ITS LAND DEVELOPMENT REGULATIONS (LDRs); PROVIDING FOR AMENDMENTS TO CHAPTER 911, ZONING, AND CHAPTER 912, SINGLE-FAMILY DEVELOPMENT, BY AMENDING SECTIONS 911.15(2) AND 912.07(1)(B)6. TO REGULATE THE SITING OF OUTDOOR MECHANICAL EQUIPMENT IN DEVELOPMENTS WITH REDUCED YARD SETBACKS; AMENDING SECTION 974.06 OF CHAPTER 974, NOISE AND VIBRATION CONTROL, TO EXEMPT PROPERLY SITED AND PROPERLY SOUND -MITIGATED OUTDOOR MECHANICAL EQUIPMENT IN DEVELOPMENTS WITH REDUCED YARD SETBACKS; AND BY PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS, CODIFICATION, SEVERABILITY, AND EFFECTIVE DATE. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT INDIAN RIVER COUNTY LAND DEVELOPMENT REGULATIONS (LDRS) CHAPTER 911, ZONING; CHAPTER 912, SINGLE-FAMILY DEVELOPMENT; AND CHAPTER 974, NOISE AND VIBRATION CONTROL, BE AMENDED AS FOLLOWS: SECTION #1: Amend LDR Chapter 911, Zoning, Section 911.15(2), Yard encroachments, to read as follows: (2) Yard encroachments. Every part of a required yard shall be open and unobstructed from the ground to the sky, except as hereinafter provided or as otherwise permitted in this ordinance. No structure shall be erected within any easement, except as specifically authorized by this ordinance. (a) Structural overhangs. Cornices, awnings, eaves, gutters or other similar structural overhangs, at least seven (7) feet above grade, may extend up to four (4) feet into any required yard, provided that no such overhang shall extend to within six (6) feet of any property line. (b) Sills and belt courses. Sills, belt courses and similar ornamental features may extend six (6) inches into any required yard. (c) Air conditioners, pool heaters and similar mechanical equipment. Air conditioning equipment, pool heaters, sprinkler system controls and similar mechanical equipment (including utility pad mounted equipment) may project into any required yard provided that the equipment is mounted adjacent to the building. In order to minimize potential noise nuisance to adjacent properties, air conditioners, pool heaters and similar mechanical equipment in Planned Developments and small - lot subdivisions with reduced yard setbacks shall be: • located adjacent to a garage or other non -living area, and not located adiacent to an outdoor living area such as a porch or patio; or • located at least 10 feet from all property lines; or • county -approved as a "quiet" low decibel model unit or installed with a county -approved sound barrier or other county -approved noise -mitigating improvement. Bold Underline: Additions to Ordinance StFiCadwoughi Deleted Text from Existing Ordinance F:\Community Development\Users\ROLAND\LDR\Mech equip noise LDR revisions\Outdoor Mech Equip Noise LDR Amend 2013.doc