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HomeMy WebLinkAbout1986-72N 7r.. N ORDINANCE NO. 86-72 October 15, 1986 Height Ord. RS/vh/AC/r LR -Planning AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA AMENDING SECTION 25. GENERAL PROVISIONS, OF APPENDIX A OF THE CODE OF LAWS AND ORDINANCES, BY CREATING A NEW PARAGRAPH 25 (A) (3) COASTAL HOTEL HEIGHT EXCEPTIONS; PROVIDING FOR ADDITIONAL HEIGHT EXCEPTIONS FOR HOTELS, MOTELS AND COMMERCIAL RESORT DEVELOPMENTS LOCATED EAST OF STATE ROAD A -1-A IN THE CG, GENERAL COMMERCIAL DISTRICT; AND PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS, CODIFICATION, SEVERABILITY, AND EFFECTIVE DATE. BE IT ORDAINED by the Board of County Commissioners of Indian River County, Florida, that: Section 25. General Provisions, is hereby amended by creating paragraph 25 (a) (3) Coastal Hotel Height Exceptions, as follows: 25(a)(3) Coastal Hotel, Motel and Resort Development Height Exceptions. The height limitations stipulated in the CG General Commercial District may be modified for hotels, motels and resort developments located east of State Road A -1-A provided that no building structure exceeds the height limits for airport approach areas and provided that the following criteria are met. a) One and one-half (1.5) feet of additional setback from the Coastal Construction Control Line (CCCL) shall be provided for each foot in height exceeding thirty-five feet. b) Once the additional setback is established, all structures exceeding six feet in height shall be prohibited within the designated additional setback area. c) In no case shall any building structure be allowed to exceed forty-five feet SECTION 2 REPEAL OF CONFLICTING PROVISIONS in height. All previous ordinances, resolutions, or motions of the Board of County Commissioners of Indian River County, Florida, which conflict with the provisions of this ordinance are hereby repealed to the extent of such conflict. All Special Acts of the legislature applying only to the unincorporated portion of Indian River County and which conflict with the provisions of this ordinance are hereby repealed to the extent of such conflict. CODING: Words in U4¢9ft4tiA type are deletions from existing law. Words underlined are additions. W H W ORDINANCE NO. 86-72 The provisions of this ordinance shall be incorporated into the County Code 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 intentions. If in any section, part of a sentence, paragraph, phrase or word of this ordinance is for any reason held to be unconstitutional, inoperative or void, such holdings shall not affect the remaining portions hereof and it shall be construed to have been the legislative intent to pass this ordinance without such unconstitutional, invalid or inoperative part. EFFECTIVE DATE The provisions of this ordinance shall become effective upon receipt from the Florida Secretary of State of official acknowledgment that this ordinance has been filed with the Department of State. Approved and adopted by the Board of County Commissioners of Indian River County, Florida on this 4th day of November, 1986. By Don`C. S rlock, Jr.; eChairman Acknowledgment by the Department of State of the State of Florida this 17th day of November , 1986. ORDINANCE NO. 86- 72 Effective Date: Acknowledgment from the Department of State received on this 20th day of November 1986, at 11:00 A.M./P.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. 44C� A Bruce Barkett, Assistant County Attorney APPROVED AS TO PLANNING MATTERS. ry-1O� a ��` Art Challacombe, Chief, Environmental Planning Height Ord. pnot2