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In no event shall the protected ar a CRZ be less than an area measured five (5) feet radially from the center of the tree at its base unless expressly determined by the environmental planner that a smaller specified pea CRZ may be established. A tree well design shall be required as appropriate in cases when the placement of fill threatens the viability of a protected tree or specimen tree to be preserved. (Ord. No. 90-16, § 1, 9-11-90) Section 927.13. Local permit not exclusive. It is the intent of this chapter that permits or approval required hereunder shall be in addition to and not in lieu of any federal, state, regional, or other local approvals which may be required for the same or similar activities. In the event this chapter conflicts with any other regulations on this subject matter, the more restrictive shall apply, with the exception that in a municipality, the municipal ordinance shall prevail. Compliance with provisions of this chapter does not excuse any person for noncompliance with other applicable federal, state, regional or local laws. (Ord. No. 90-16, § 1, 9-11-90) Section 927.14. Open burning/air curtain incinerator regulations referenced. The provisions of Chapter 925, Open Buming/Air Curtain Incinerator Regulations, shall apply regarding the burning of debris associated with land clearing and tree removal activities, as applicable. (Ord. No. 90-16, § 1, 9-11-90) Section 927.15. Variances and administrative appeals. A variance from any of the substantive requirements of this chapter or an appeal of any administrative determination made by the environmental planner may be obtained in accordance with the procedures set forth for such relief under the land development regulations of Indian River County; however, the planning and zoning commission of Indian River County shall be the board to which all such variance requests or appeals are made. (Ord. No. 90-16, § 1, 9-11-90) Section 927.16. Tree protection as justification for variance relief from other land development regulations. Inasmuch as the requirements of this chapter have been determined to be of vital importance to the health, safety and well-being of the community, the desire to preserve a protected tree, whether mandated by this chapter or not shall be considered prima facie a unique or special condition or circumstance peculiar to the land involved for the purpose of application for a variance from the literal requirements of land development regulations pertaining to building setbacks, parking space requirements, or minor or residential street right-of-way widths, provided adjustments are made elsewhere on the site to preserve the maximum permitted lot coverage and the total minimum number of parking spaces, and provided safety precautions are taken to offset any hazard resulting from decreased right-of-way widths (Ord. No. 90-16, § 1, 9-11-90) Section 927.17. Penalties and enforcement. (1) It shall be a violation of this Chapter for any person: (a) to fail to obtain any permit required by this Chapter, or to violate or fail to comply with the provisions of any permit issued under this Chapter, (b) to, without a required permit, remove, destroy, or kill a protected tree(s); (c) to, without a required permit, remove, destroy, or kill a specimen tree(s); • to, without a required permit, perform any land clearing or grubbing; • to, with or without a permit, not properly dispose of tree removal or land clearing debris; NOVEMBER 12, 2002 77 rit bit 1 • e-: