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Home My WebLink About1987-262/2/87(B4)LEGAL(Bnm) ORDINANCE NO. 87-26 AN ORDINANCE OF INDIAN RIVER COUNTY AFFECTING CONSTRUCTION OF STRUCTURES SEAWARD OF THE COASTAL CONSTRUCTION CONTROL LINE ESTABLISHED BY THE FLORIDA DEPARTMENT OF NATURAL RESOURCES BY REPEALING SECTIONS 232-10(a) and (c), INDIAN RIVER COUNTY CODE OF LAWS AND ORDINANCES; BY REPEALING SECTION 3(8)(a) OF APPENDIX A, INDIAN RIVER COUNTY CODE OF LAWS AND ORDINANCES; AND BY AMENDING SECTION 25(x)(1), APPENDIX A. INDIAN RIVER COUNTY CODE OF LAWS AND ORDINANCES, TO ALLOW CONSTRUCTION OF A BUILDING OR MAN-MADE STRUCTURE SEAWARD OF THE COASTAL CONSTRUCTION CONTROL LINE ONLY TO THE EXTENT PERMITTED BY THE FLORIDA DEPARTMENT OF NATURAL RESOURCES, CHAPTER 161, FLORIDA STATUTES, AND IMPLEMENTING RULES THEREUNDER, PROVIDING FOR EFFECTIVE DATE, SEVERABILITY AND INCORPORATION IN CODE. Commissioners of Indian River County, Florida as follows: SECTION I. Repeal—of—Sections 232-10(a) and (c), Indian River ----------------------------------- County _Code —of Laws and Ordinances. Sections 232-10(a) and (c), Indian River County Code of Laws and Ordinances, reprinted below, are hereby repealed: (a) No structure shall be located seaward of the coastal construction control line established by the Department of Natural Resources pursuant to Florida Statutes, Chapter 161, as may be amended from time to time, except as provided elsewhere in this chapter, anis provision shall be construed to establish a local setback ordinance within the meaning of Florida Administrative Code, Chapters 1613-25 and 1613-33, as may be amended from time to time. (c) No structure, other than an elevated bridge or dune cross-over, or observation tower constructed in the interest of public safety, may be located seaward of the CODING: Words underlined are additions; words $ilrOcK/1Ifirvili.gn are deletions ORDINANCE NO. 87-26 coastal construction control line and the design of any such allowed structure, must. be approved in advance by the Department of Natural Resources, Bureau of Beaches and Shores, or its successor, and the Public Works Director of Indian River County, Florida. SECTION—II. Repeal —_of Section 3(8)(a), Appendix —A, --Indian ---------------------- River Countv Code of Laws and Ordinances. Section 3(8)(a), Appendix A, Indian River County Code of Laws and Ordinances, reprinted below, is hereby repealed. (8)(a) Along the Atlantic Ocean, no building or man-made structure, except as provided for herein, shall be located above or below natural grade closer than 50 feet from the main dune bluff, west of the natural vegetation line until a permanent construction setback line shall be established by a survey by the State Department of Natural Resources and duly approved according to law. SECTION Ill. Amendment to Section 25(x)(1), Appendix A, Indian -------------------------------------------------- River County—Code—of Laws and Ordinances. Section 25(x)(1), ------------ --------------------- Appendix A, Indian River County Code of Laws and Ordinances is hereby amended as follows: (x) (1 ) E M Ib 1 X zf ffifi The coastal construction control line, as established in "Beach and Shores Preservation", Chapter 1611 Florida Statutes,—as—may—be—amended—from—time—to—time, is adopted by reference. No building, excavation or man-made structure) ��1��1��f��1��1�f��l�1�r1��/►�rd��/�f��u�f�a��/�� shall be located seaward of the coastal construction control line, Ailot6lf1didlflhi ilii except those—which have either received --------------------- CODING: Words underlined are additions, words strOcK/forolligm are deletions ORDINANCE NO. 87- a permit from the Department of Natural Resources or are ------------------------------------------------------------ exempt pursuant to' Rule 1613-33, Florida Administrative Code ------------------------------------------------------------ (Rules and Procedures for Coastal Construction and ------------------------------------------------------------ Excavation). SECTION IV, Severability. If any section, or if any sentence, paragraph, phrase, or word of this ordinance is for any reason held to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance, and it shall be construed to have been the legislative intent to pass the ordinance without such unconstitutional, invalid or inoperative part. SECTION -V. Effective Date. This ordinance shalt become - --------------- effective upon receipt from the Secretary of State of the State of Florida of official acknowledgment that this ordinance has been filed with the Department of State. SECTION VI. Incorporation in Code. This ordinance shall be incorporated into the Code of Laws and Ordinances of Indian River County and the word "ordinance" may be changed to "section", "article", or other appropriate word and the sections of this ordinance may be renumbered or relettered to accomplish such purposes. Approved and adopted by the Board of County Commissioners of Indian River County, Florida, on this 10th day of March, 1987. This ordinance was advertised in the Vero Beach Press -Journal on the 11th day of February, 1987, for a public. hearing to be held on the 3rd day of March, 1987, at which time it was tabled, and on March 10, 1987 it was moved for adoption by. Commissioner Eggert, seconded by Commissioner Bird, and adopted by the following vote: CODING: Words underlined are additions; words ittOWilhiroO 0 are deletions ORDINANCE NO. 87-26 Chairman Don C. Scurlock, Jr. Aye Vice Chairman Margaret C. Bowman Aye - Commissioner Richard N. Bird Aye Commissioner Carolyn K. Eggert Aye - Commissioner Gary C. Wheeler Aye - BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA oe By --`ms's G - --- Don C. Scurlock, Jr Chairman �A_ , Attest By - Freda Wr i Clerk Acknowledgment by the Department of Sta-te of the State of Florida, this 16thday of March 1987. ------------------ Acknowledgment from the Department of State received on this 20th_ day of March 1987, at 11.0.0 a•m. and filed in the Office of_the Clerk of the Board of County Commissioners of Indian River County, Florida. APPROVED AS TO FORM AND LEGAL SUFFICIENCY. Bruce Barkett Assistant County Attorney CODING. Words underlined are additions, words siEroev itthrowdNi are deletions