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ORDINANCE 2022- 013 <br />riparian side yard setback encroachment consideration for protection purposes include mangroves and <br />submerged aquatic vegetation. <br />(5) Environmental impact considerations. Piers, docks, boat shelters, and other waterfront structures shall be <br />located in order to minimize negative impacts on shoreline vegetation and marine grassbeds, as <br />applicable. On riparian property where the location of a waterfront structure over or in the vicinity of <br />light-sensitive aquatic vegetation (such as sea grasses) is unavoidable, such structure (or portion thereof) <br />shall be constructed a minimum of five (5) feet above the mean high water level where said aquatic <br />vegetation exists or could potentially exist, as determined by county environmental planning staff. Said <br />determination shall be based on staff review of seagrass inventory information and site specific <br />conditions. <br />(6) Design and construction characteristics of private observation/fishing piers. All private <br />observation/fishing piers shall be constructed to the following design characteristics: <br />(a) The main access pier shall not exceed four (4) feet in width. <br />(b) The terminal platform shall not exceed one hundred sixty (160) square feet in area and shall not be <br />used for docking a boat. <br />(c) The water depth at the outermost projection of the private observation/fishing pier shall not exceed <br />two (2) feet mean high water (MHW). <br />(d) Handrailing, built to Southern Building Code standards, shall be installed around that portion of the <br />perimeter, of the observation/fishing pier, that extends waterward of the mean high water line. <br />(e) That portion of the fishing pier that extends waterward of the mean high water line shall be elevated <br />at least five (5) feet above the mean high water line, as measured from the top of the decking material. <br />This elevation shall apply to both the main access pier as well as the terminal platform. The purpose <br />of the elevation is to reduce or eliminate the potential for mooring of boats at the observation/fishing <br />pier. <br />(f) "No Mooring" signs shall be installed on opposite sides of the main access pier and on the end of the <br />terminal platform facing waterward (i.e., three signs in total). Lettering shall be no less than four (4) <br />inches high and no greater than six (6) inches high. <br />(7) Prohibition ofprivate observation/fishingpiers in the Pelican Island National Wildlife Refuge. No private <br />fishing pier shall be permitted, authorized, or built within the Pelican Island National Wildlife Refuge. <br />SECTION #2: SEVERABILITY <br />If any clause, section or provision of this Ordinance shall be declared by a court of competent jurisdiction to <br />be unconstitutional or invalid for any cause or reason, the same shall be eliminated from this Ordinance and <br />the remaining portion of this Ordinance shall be in full force and effect and be as valid as if such invalid portion <br />thereof had not been incorporated therein. <br />SECTION #3: REPEAL OF CONFLICTING ORDINANCES <br />The provisions of any other Indian River County ordinance that are inconsistent or in conflict with the <br />provisions of this Ordinance are repealed to the extent of such inconsistency or conflict. <br />SECTION #4: INCLUSION IN THE CODE OF LAWS AND ORDINANCES <br />The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of <br />Indian River County, Florida. The sections of the Ordinance may be renumbered or re -lettered to accomplish <br />such, and the word 'ordinance" may be changed to "section", "article", or any other appropriate word. <br />SECTION #5: EFFECTIVE DATE <br />Bold Underline: Additions to Ordinance 3 <br />Stake tteugh� Deleted Text from Existing Ordinance <br />F:\Community Development\Users\Steven Hitt\LDR Amendment\2022020086-91934\BCC\2022-_932.07(3) Proposed Ordinance.docx <br />