8/15/1994 - Laserfiche WebLink

Home Browse Search

Boor. 93 �AUE 69 Mr. Gordon returned to the microphone and responded to the concerns about enforceability. He maintained that the State legislature considered the liveaboard ordinance enforceable because the State legislature specifically grants the local governmental authorities the right to prohibit or restrict the mooring or anchoring of floating structures or liveaboard vessels within their jurisdiction. He did not believe that Code Enforcement must see it personally. The neighbors could present a case to a Code Enforcement Officer that a violation is taking place. Commissioner Adams agreed that the ordinance may be difficult to enforce. The accessory use was never intended to have rental units in single family neighborhoods. She compared it to having a structure such a barn or storage shed and renting that out. Commissioner Adams favored the revisions because the problems are addressed and will prevent problems in the future. She further cautioned that the dock rental restriction is good for the Indian River because a vessel without pumpout facilities can cause problems. Commissioner Eggert believed it would be difficult to change the beginning time for presumption of inhabitance, and it was the consensus of the Board that the time should not be changed. Commissioner Eggert wished to clarify the issue of lights, and the Board directed staff to present more information on that subject at the final hearing. SECTION 18 Director Boling related that Environmental Planning Chief Roland DeBlois and County Engineer Roger Cain would present staff's recommendations regarding Section 18, FEMA Recommended Changes to Stormwater Management and Flood Protection Requirements. Mr. DeBlois explained that the proposed revisions are largely based on the requirements that were expressed through Federal Emergency Management Agency (FEMA) to Indian River County as a participant in the National Flood Protection program. Subsection A covers revisions which are required to comply with FEMA's regulations. Revisions in Subsections B and C are strongly recommended by FEMA and deal with freeboard, which is the elevation of a structure above Base Flood Elevation. The recommendation is that the County should require one foot of freeboard, or one foot elevation above the minimum flood elevation on the flood maps. Mr. DeBlois reminded the Board that back in 1987 we -did require one foot above minimum base flood elevation as a margin of safety and because it was encouraged through FEMA. However, when we revised the Code back then, the one foot minimum was deleted largely based 14 August 15, 1994