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ORDINANCE 2019- 015 that warrant riparian side yard setback encroachment consideration for protection purposes include mangroves and submerged aquatic vegetation. (5) Environmental impact considerations. Piers, docks, boat shelters, and other waterfront structures shall be located in order to minimize negative impacts on shoreline vegetation and marine grassbeds, as applicable. On riparian property where the location of a waterfront structure over or in the vicinity of light-sensitive aquatic vegetation (such as sea grasses) is unavoidable, such structure (or portion thereof) shall be constructed a minimum of five (5) feet above the mean high water level where said aquatic vegetation exists or could potentially exist, as determined by county environmental planning staff. Said determination shall be based on staff review of seagrass inventory information and site specific conditions. (6) Design and construction characteristics of private observation/fishing piers. All private observation/fishing piers shall be constructed to the following design characteristics: (a) The main access pier shall not exceed four (4) feet in width. (b) The terminal platform shall not exceed 160 square feet in area and shall not be used for docking a boat. (c) The water depth at the outermost projection of the private observation/fishing pier shall not exceed two feet mean high water (MHW). (d) Handrailing, built to Southern Building Code standards, shall be installed around that portion of the perimeter, of the observation/fishing pier, that extends waterward of the mean high water line. (e) That portion of the fishing pier that extends waterward of the mean high water line shall be elevated at least five feet above the mean high water line, as measured from the top of the decking material. This elevation shall apply to both the main access pier as well as the terminal platform. The purpose of the elevation is to reduce or eliminate the potential for mooring of boats at the observation/fishing pier. (f) "No Mooring" signs shall be installed on opposite sides of the main access pier and on the end of the terminal platform facing waterward (i.e., three signs in total). Lettering shall be no less than four (4) inches high and no greater than six (6) inches high. (7) Prohibition of private observation/fishing piers in the Pelican Island National Wildlife Refuge. No private fishing pier shall be permitted, authorized, or built within the Pelican Island National Wildlife Refuge. SECTION 92: SEVERABILITY If any clause, section or provision of this Ordinance shall be declared by a court of competent jurisdiction to be unconstitutional or invalid for any cause or reason, the same shall be eliminated from this Ordinance and the remaining portion of this Ordinance shall be in full force and effect and be as valid as if such invalid portion thereof had not been incorporated therein. SECTION #4: REPEAL OF CONFLICTING ORDINANCES The provisions of any other Indian River County ordinance that are inconsistent or in conflict with the provisions of this Ordinance are repealed to the extent of such inconsistency or conflict. SECTION #5: INCLUSION IN THE CODE OF LAWS AND ORDINANCES The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Indian River County, Florida. The sections of the Ordinance may be renumbered or re -lettered to accomplish such, and the word 'ordinance" may be changed to "section", "article", or any other appropriate word. Bold Underline: Additions to Ordinance 3 Stdke tkreugh:: Deleted Text from Existing Ordinance M:\LDRs\932.07 Boat Shelters Guidroz LDR Amend\2019-_932.07(3) unwalled boat shelters REVISED•for BCC.docx