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ORDINANCE 2019- 015 <br />AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, CONCERNING AMENDMENTS TO ITS <br />LAND DEVELOPMENT REGULATIONS (LDRS); PROVIDING FOR AMENDMENTS TO CHAPTER <br />932, COASTAL MANAGMENT; BY AMENDING SUBSECTION 932.07(3)(A), UNWALLED <br />SHELTERS, OF SECTION 932.07, PIERS, DOCKS AND BOAT SLIPS; AND BY PROVIDING FOR <br />REPEAL OF CONFLICTING PROVISIONS; CODIFICATION; SEVERABILITY; AND EFFECTIVE <br />DATE. <br />BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, <br />FLORIDA THAT THE INDIAN RIVER COUNTY LAND DEVELOPMENT REGULATIONS (LDRS) <br />CHAPTER 932, COASTAL MANAGEMENT, BE AMENDED AS FOLLOWS: <br />SECTION #1: <br />Amend LDR Section 932.07, Piers, docks and boatslips, as follows: <br />Section 932.07. Piers, docks and boatslips. <br />(1) Restrictions upon regularly moored watercraft; maintenance. Watercraft shall not be regularly moored <br />along any shore without consent of the riparian land owner. Regularly moored watercraft shall not be <br />used as live -aboard vessels, offices or commercial enterprises except in commercial marinas with <br />approval and facilities for that purpose. Regularly moored watercraft shall be kept in seaworthy <br />condition when not in a permitted repair area. The mooring of live -aboard vessels (as defined in Chapter <br />901) in commercial marinas shall be limited to those boat slips designated for live -aboard vessels use on <br />an approved site plan meeting the provisions described in section 971.35(3). <br />(2) Location of boatslips. Boatslips shall be permitted only as a wet storage area adjacent to a dock, <br />marina, boat livery, or boat yard. Boat slips shall not encroach upon a riparian side yard setback as <br />determined by the applicable zoning side yard setback of the zoning district in which the project is <br />located, as extended waterward from the adjacent upland. No portion of a watercraft moored at such <br />boatslip shall project into the extended riparian side yard setback, unless necessary to allow the <br />utilization of riparian rights. <br />(3) Projection of waterfront structures. <br />(a) Unwalled shelters. Unwalled shelters may be erected over boatslips associated with docks or over <br />the terminal platform associated with private observation/fishing piers and public piers; however, <br />no part of such shelter may be erected beyond waterward of the mean high water line (MHWL) <br />shoreline unless the following conditions are met: <br />1. The applicant shall provide a detailed inventory of sea grasses and submerged aquatic <br />vegetation in the area to reviewing county staff, <br />2. The applicant must demonstrate that the unwalled shelter does not adversely impact light- <br />sensitive aquatic resources such as sea grasses; <br />The combined total surface area of the unwalled shelter, walkway, and the terminal platform <br />of the associated dock, private observation/fishing pier, or public pier shall not exceed <br />Florida Department of Environmental Protection (FDEP) size limitations where such <br />structures are located in an aquatic preserve_, pr��:dca <br />surface area covered by an unwalled shelter shall not exceed four hundred (400) square feet <br />on a dock, except that the surface area coveralse of the unwalled shelter may be greater <br />than 400 square feet up to 1,000 square feet if the coverage does not exceed fifty <br />percent (50%) of the combined total surface area of the entire waterfront structure <br />located waterward of the NH-IWL. The roof of the unwalled shelter shall not extend <br />more than one foot beyond the footprint of the boat stored at the boatslip. Such shelters <br />Bold Underline: Additions to Ordinance <br />8tr-ilE0 threugh: Deleted Text from Existing Ordinance <br />M:\LDRs\932.07 Boat Shelters Guidroz LDR Amen d\2019-932.07(3) unwalled boat shelters REVISED for BCC.doex <br />