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ORDINANCE 2012-028 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA CONCERNING AMENDMENTS TO ITS LAND DEVELOPMENT REGULATIONS (LDRs); PROVIDING FOR AMENDMENTS TO CHAPTER 929, UPLAND HABITAT PROTECTION, BY AMENDING ST. SEBASTIAN RIVER AND INDIAN RIVER LAGOON AQUATIC PRESERVE SHORELINE PROTECTION BUFFER ZONE SECTION 929.07, 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 THE INDIAN RIVER COUNTY LAND DEVELOPMENT REGULATIONS (LDRS) CHAPTER 929, UPLAND HABITAT PROTECTION, BE AMENDED AS FOLLOWS: SECTION #l: Amend LDR Section 929.07, St. Sebastian River and Indian River Lagoon Aquatic Preserve Shoreline Protection Buffer Zone, to read as follows: (1) For parcels created after June 18, 1991 along the St. Sebastian River, a one hundred - foot shoreline protection buffer is hereby established measured from the mean high water mark of the river or fifty (50) feet from the landward boundary of jurisdictional wetlands along the river or any tributary, whichever is greater (cross reference section 911.12(4)(e)). For parcels of record which existed prior to June 18, 1991, a fifty -foot shoreline protection buffer for unplatted parcels, and a twenty -five-foot buffer for existing platted lots is hereby established on land parcels bordering the St. Sebastian River or the Indian River Lagoon Aquatic Preserve, measured from the mean high water line. In no case, however, with reference to parcels or lots of record, which existed prior to June 18, 1991, shall the buffer(s) exceed twenty (20) percent of the parcel or lot depth perpendicular to the applicable waterway. The shoreline protection buffer(s) described in this section shall not apply to riverfront properties with permitted seawalls. (2) Within the shoreline protection buffer, no development shall be permitted with the exception of docks, boat ramps, pervious walkways and elevated walkways which provide the property owner with reasonable access to the waterway. (a) No more than twenty (20) percent or twenty-five (25) feet, whichever is greater, of any shoreline may be altered for reasonable access. Native vegetation in the remainder of the shoreline protection buffer shall remain unaltered, except as may be allowed through county trimming regulations. (3) Shoreline alteration shall be prohibited, unless it is in the public interest or prevents or repairs erosion damage, or provides reasonable access to the water, does not adversely impact water quality, natural habitat or adjacent shoreline uses, and is permitted by all applicable jurisdictional regulatory agencies. Any native vegetation removed in such instances except as may be allowed in subsection 929.07(2)(a), shall be relocated or replaced on-site with comparable vegetation and amount. Bold Underline: Additions to Ordinance Strike thFOuglr Deleted Text from Existing Ordinance C:\Documents and Settings\tlister\Local Settings\Temporary Internet Files\Content.Outlook\QPAZMTU8\2012-028 929 Upland.doc