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HomeMy WebLinkAbout2003-006ORDINANCE NO. 2003-006 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA REQUIRING ELECTRICAL EQUIPMENT, HEATING EQUIPMENT, VENTILATION EQUIPMENT, PLUMBING EQUIPMENT, AIR CONDITIONING EQUIPMENT AND OTHER SERVICE FACILITIES IN SPECIAL FLOOD HAZARD AREAS TO BE ELEVATED 0.5 FEET OR MORE ABOVE BASE FLOOD ELEVATION; AMENDING CHAPTER 930, STORMWATER MANAGEMENT AND FLOOD PROTECTION, OF THE LAND DEVELOPMENT REGULATIONS (LDRS); AND PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS, CODIFICATION, SEVERABILITY AND EFFECTIVE DATE. BE IT ORDAINED BY THE INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS THAT THE COUNTY LAND DEVELOPMENT REGULATIONS (LDRS) BE AMENDED AS FOLLOWS: 1. Chapter 930, Stormwater Management and Flood Protection, Subsection (2) of Section 930.07, Review Criteria for All Development Projects, is hereby amended to read as follows: "(2) Stormwater management and flood protection permit (Type B). When a development project is determined to be within a flood hazard zone according to the procedure set forth in 930.07(1)(s), a Type B permit shall be required and the project shall be reviewed under the criteria of section 930.07(1) and sections 930.07(2)(d) through 930.07(2)(k) and must meet the following additional criteria; (a) Zone A requirements. All proposed construction and other developments including the placement of manufactured homes, within Zone A on the FIRM shall require a permit. 2. All necessary permits from those governmental agencies from which approval is required by federal or state law, including Section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334, shall be provided prior to the time the proposed development is released by the community development department. The community development department shall review all permit applications to determine whether the proposed building sites will be reasonably safe from flooding. If a proposed building site is in a flood -prone area, all new construction and substantial improvements shall: a. Be designed or modified and adequately anchored to prevent floatation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy; b. Be constructed with materials resistant to flood damage for an T portion of the building ghat is elevated less than 0.5_6eet ibove_basc flood elevation, C, Be constructed by methods and practices that minimize flood damages, and; d. Be constructed with electrical equipment, heating equipment, ventilation 1 Coding: Words in stFike through are deletions from existing law. Words underlined are additions. \\Fileserver\Public\Community Development\Users\ROLAND\Miscellaneous\LDR\930.07 mech equip freeboard\930.07 LDR amd 011603.DOC ORDINANCE NO. 2003- 006 other service facilities, including ductwork, that are designed atid/of laeatec elevated 0.5 feet or more above base flood elevation so as to prevent water from entering or accumulating within the components during conditions of flooding. 4. The community development department and the public works Department shall review subdivision proposals and other proposed new development, including manufactured home parks or subdivision, to determine whether such proposals will be reasonably safe from flooding. If a subdivision proposal or proposed new development is in a flood -prone area, any such proposals shall be reviewed to ensure that a. All such proposals are consistent with the need to minimize flood damage within the flood -prone area; b. All public utilities and facilities, such as sewer, gas, electrical, and water systems are located and constructed to minimize or eliminate flood damage, and; Adequate drainage is provided to reduce exposure to flood hazards; d. Sewage treatment and potable water supply systems must be designed and located to prevent inflow or contamination of surface waters up to the base flood elevations. Electrical and communications utilities must be designed to avoid flood damage up to the base flood elevation. Within flood -prone areas new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the systems. 6. Within flood -prone areas; a. New and replacement sanitary sewage systems are required to be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters, and; b. On-site waste disposal systems are required to be located to avoid impairment to them or contamination from them during flooding. 7. All new subdivision proposals and other proposed developments (including proposals for manufactured home parks and subdivisions) greater than fifty (50) lots or five (5) acres, whichever is the lesser, shall include within such proposals base flood elevation data. 8. The community development and public works departments shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a federal, state, or other source, including data developed pursuant to subsection 930.07(2)(a)7. above, as criteria for requiring that new construction, substantial improvements, or other development in A Zones on the county's FIRM meet the 2 Coding: Words in stizike through are deletions from existing law. Words underlined are additions. \\Fileserver\Public\Community Development\Users\ROLAND\Miscellaneous\LDR\930.07 mech equip freeboard\930.07 LDR amd 011603.DOC ORDINANCE NO. 2003-006 standards in subsections (2)(b)2., (2)(b)3., (2)(b)5., (2)(b) I I., (2)(b) I -a, (2)(b) 14.a and (2)(b)14.b - . of this section. However, in no case shall such development within a flood hazard zone be less than eighteen (18) inches above the crown of the road or elevation required by the Indian River County Wealth Department of Health. If base flood data are not available, or cannot be estimated by the county, then new buildings, together with mechanical and electrical equipment, must be elevated at least three (3) feet above highest adjacent natural grade. Where base flood elevation data are utilized, within Zone A on the FIRM, the community development department shall: a. Obtain the elevation (in relation to mean sea level) of the lowest floor (including basement) of all new and substantially improved structures, and; b. Obtain, if the structure has been flood -proofed in accordance with subsection (2)(b)3.b of this section, the elevation (in relation to mean sea level) to which the structure was flood -proofed, and; Maintain a record of all such information. 10. The public works department shall notify adjacent communities and the state coordinating office prior to any alteration and relocation of a water course in riverine situations, and submit copies of such notifications to the administrator of the Federal Insurance Administration. 1 1. The public works department shall ensure that the flood -carrying capacity within the altered or relocated portion of any watercourse is maintained. The velocity of the base flood must not be adversely altered on any watercourse. 12. The community development department shall require that all manufactured homes to be placed within Zone A on the FIRM shall be installed using methods and practices which minimize flood damage. For purposes of this requirement, manufactured homes must be elevated and anchored to resist floatation, collapse, or lateral movement. Methods of anchoring may include, but are not to be limited to, use of over -the -top or frame ties to ground anchors. This requirement is in addition to applicable State and other local anchoring requirements for resisting wind forces. (b) Zones A99, AE, A, AH, and AO zone requirements. All development within zones designated A99, AE, A, AH, and AO on the county FIRM shall meet all the standards of Zone A requirements set out in section 930.07(2)(a)1. through 12. above. All new construction and substantial improvements of residential structures within Zones A99, AE, and AH on the county FIRM shall have the lowest floor (including basement) and electrical equipment, heating; equipment, ventilation 3 Coding: Words in stfike through are deletions from existing law. Words underlined are additions. \\Fileserver\Public\Community Development\Users\KOLANDWIiscellaneous\LDR\930.07 mech equip freeboaraw30.07 LDR amd 011603.DOC ORDINANCE NO. 2003- 006 equipment plumbing equipment, air conditioning: equipment and other service facilities, including ductwork, elevated to 0.5 feet one half (0.5) F^^' or more above the base flood level. All new construction and substantial improvements of nonresidential structures within Zones Al -30 [A99], AE and AH on the county's FIRM shall: a. Have the lowest floor, including basement, and electrical e ui meat, heating ecu ment. ventilation e ui ment. ,.lumbin equipment, air conditioning equipment and other service facilities. includina ductwork, elevated to 0.5 feet oiie hal (0.5) or more above the base flood level, or; b. Together with attendant utility and sanitary facilities, be designed so that any area elevated less than 0.5 feet above bei the base flood level of the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. Flood -proofing measures must be operable without human intervention and without an outside source of electricity. 4. Where a nonresidential structure is intended to be made watertight below the base flood level: a. A registered professional engineer or architect shall develop and/or review structural design, specifications, and plans for the construction, and shall certify that the design and methods of construction are in accordance with accepted standards of practice for meeting the applicable provisions of section 930.07(2)(b)3. a., b. and c. or 930.07(2)(b)8. a. and b. and; b. A record of such certificates which includes the specific elevations (in relation to mean sea level) to which such structures are flood -proofed shall be maintained by the community development director. All new construction and substantial improvements, that fully enclose areas below the lowest floor that are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria: a minimum of two (2) openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided. The bottom of all openings shall be no higher than one foot above grade. Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters. Coding: Words in strw gh are deletions from existing law. Words underlined are additions. UileserverTublic\Community Development\Users\ROLAND\Miscellaneous\LDR\930.07 mech equip freeboard\930.07 LDR amd 011603.DOC' ORDINANCE NO. 2003- 006 6. All manufactured homes to be placed or substantially improved within Zones A991 AH, and AE of the county's FIRM shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is at one half (0.5) foot or more above the base flood elevation; and be securely anchored to an adequately anchored foundation system in accordance with the provisions of section 930.07(2)(x)12. and Section 15C--1.10 F.A.C. Manufactured homes must not be installed in a regulatory floodway or coastal high hazard area. Within any AO zone on the county's FIRM, all new construction and substantial improvements of residential structures shall have the lowest floor (including basement) elevated above the highest adjacent grade, at least 0.5 feet higher than asp as the depth number specified in feet on the county's FIRM (at least two and one half (2 % ) feet if no depth number is specified). Highest adjacent grade shall mean the highest natural elevation of the ground surface prior to construction next to the proposed wall of the structure. Within any AO Zone on the county's FIRM, all new construction and substantial improvements of nonresidential structures shall: a. Have the lowest floor (including basement) and electrical ecpa pinent, heating equipment. ventilation equipment, plumbing; equipment, air conditioning equipment and other service facilities, including ductwork, elevated above the highest adjacent grade at least Q,S.feet higher than as higi the depth number specified in feet on the county's FIRM (at least two and one half (2 % ) feet if no depth number is specified) or; b. Together with attendant utility and sanitary facilities be completely flood - proofed to that level to meet the flood -proofing standard specified in section 930.07(2)(b)3.a. and b. 9. Within any A99 Zones on the county's FIRM the standards of (2)(a)1. through (2)(a)4.a and (2)(a)9. through (2)(a)12. of this section shall be met and all proposed construction, or other development including the placement of manufactured homes, shall be required to obtain permits so that the community development department may determine whether such construction or other development is proposed within flood -prone area. 10. Within Zones AH and AO, adequate drainage paths around structures on slopes to guide flood waters around and away from proposed structures are required. 11. All manufactured homes to be placed or substantially improved within Zones A991 AH, and AE on the eornmunity's counter FIRM shall be elevated on a permanent foundation such that the lowest floor of the ma n,fdetured dome is and electrical equil)meni, ligating equi.pmcnt, ventilation egu_ipment,.t1libing equipment, air conditioning equi'pment and other service fac:ilities:._including ductwork, are elevated to 0.5 feet at one -half (0.5) foot or more above the base flood elevation; and be securely anchored to an adequately anchored foundation system in accordance with the provisions of paragraph 930.07(2)(x)12 of this section. This paragraph applies to manufactured homes to be placed or Coding: Words in strike are deletions from existing law. Words underlined are additions. \\FileserverTublic\Community Development\Users\ROLAND\Miscellaneous\LDR\930.07 mech equip freeboard\930.07 LDR amd 01 1603.130C ORDINANCE NO. 2003- 006 substantially improved in an expansion to an existing manufactured home park or subdivision. This paragraph does not apply to manufactured homes to be placed or substantially improved in an existing manufactured home park or subdivision except where the repair, reconstruction, or improvement of the streets, utilities and pads equals or exceeds fifty (50) percent of the value of the streets, utilities and pads before the repair, reconstruction or improvement has commenced. 12. For substantial improvements on existing structures which do not meet the above requirements (one half (0.5) foot above base flood), but did meet the finish floor elevation requirement in effect at the time the structure was given a building permit, any substantial improvement will not be cause to require the finish floor of the existing structure to be elevated to meet the finish floor requirements set out above. 13. Notwithstanding any other provisions of section 930.07(2), the._p_ublic._works department a ecomLinity may approve certain development in Zones Al -30, AE, and AH, on the county's ceniffim+4j FIRM which increase the water surface elevation of the base flood by more than one foot, provided that the county_ oom+*un-fty first applies for a conditional FIRM revision, fulfills the requirements for such a revision as established under the provisions of 44 Code of Federal Regulations (CFR) 65.12, and received the approval of the Administrator of the Federal Insurance Administration. 14. Floodway provisions. a. The public works department shall utilize final flood elevations within Zones Al -30 and/or AE on the county's FIRM to designate its regulatory floodway by selecting and adopting a regulatory floodway based on the principle that the area chosen for the regulatory floodway must be designed to carry the water of the base flood, without increasing the water surface elevation of that flood more than one foot at any point. b. Encroachments, including fill, new construction, substantial improvements, and other development within the adopted regulatory floodway that would result in any increase in flood levels within the county during the occurrence of the base flood discharge shall be prohibited. Notwithstanding any other provisions of section 930.07(2), the_public works department a-tc��:t�trnity may permit encroachments within the adopted regulatory floodway that would result in an increase in base flood elevations, provided that the county eeffunupAty first applies for a conditional FIRM and floodway revision, fulfills the requirements for such revisions as established under the provisions of 44 CFR 65.12 and receives the approval of the Administrator of the Federal Insurance Administration. Coding: Words in strike through are deletions from existing law. Words underlined are additions. \\Fileserver\Public\Community Development\Users\ R0LAND\Miscellaneous\LDR\930.07 mech equip Tree board \930.07 LDR amd 011603.DOC ORDINANCE NO. 2003- 006 (c) Zone VE and V requirements. The community development department shall require developments within Zones V1-30, VE and V on the county's FIRM to meet the requirements of subsections (2)(b)1. through (2)(b)14. The community development department shall, within Zones V 1-30, VE and V on the county's FIRM: a. Obtain the elevation (in relation to mean sea level) of the bottom of the lowest structural member of the lowest floor (excluding pilings and columns) of all new and substantially improved structures, and whether or not such structures contain a basement, and; b. Maintain a record of such information with the community development director. All new construction within Zones V1-30, VE, and V on the county's FIRM must be located landward of the reach of mean high tide. 4. All new construction and substantial improvements in Zones VE and V, if base flood elevation data is available on the county's FIRM, must be elevated on pilings and columns so that: a. The bottom of the lowest horizontal structural member of the lowest floor (excluding the pilings and columns) and electrical equipment, heating equipment, ventilation ec ui nent;._phi nhing ecjuipment,. air _conditi_oning equipment and other service facilities, including ductvorl:, are +s elevated to 0.5 feet one half (0.5) -1 Ht or more above the base flood level, and; b. The pile or column foundation and structure attached thereto must be anchored to resist flotation, collapse, and lateral movement due to the effects of wind and water loads acting simultaneously on all building components. Wind and water loading values shall each have a one percent chance of being equalled or exceeded in any given year (one hundred -year mean recurrence interval); C, A registered professional engineer or architect shall develop or review the structural design, specifications, and plans for the construction, and shall certify that the design and methods of construction to be used are in accordance with accepted standards of practice for meeting the provisions of a. and b. above. All new construction and substantial improvements within Zones V 1-30, VE and V on the county's FIRM shall have the space below the lowest floor either free of obstruction or constructed with non -supporting breakaway walls, open wood lattice -work, or insect screening intended to collapse under wind and water loads without causing collapse, displacement, or other structural damage to the elevated portion of the building or supporting foundation system. For the purposes of this 7 Coding: Words in stFike thFough are deletions from existing law. Words underlined are additions. \\Fileserver\Public\Community Development\Users\ROLAND\Miscellaneous\LDR\930.07 mech equip freeboard\930.07 LDR amd 011603.DOC ORDINANCE NO, 2003- 006 section, a breakaway wall shall have a design safe loading resistance of not less than ten (10) and no more than twenty (20) pounds per square foot. Use of breakaway walls which exceed a design safe loading resistance of twenty (20) pounds per square foot (either by design or when so required by local or state codes) may be permitted only if a registered professional engineer or architect certifies that the designs proposed meet the following conditions: a. Breakaway wall collapse shall result from a water load less than that which would occur during the base flood, and; b. The elevated portion of the building and supporting foundation system shall not be subject to collapse, displacement, or other structural damage due to the effects of wind and water loads acting simultaneously on all building components (structural and nonstructural). Maximum wind and water loading values to be used in this determination shall each have one percent chance of being equalled or exceeded in any given year (one hundred -year mean recurrence interval). Such enclosed space shall be useable solely for parking of vehicles, building access, or storage. The use of fill for structural support of buildings within Zones VI -30, VE, and V on the county's FIRM is prohibited. Beach dune type fill may be placed beneath the structure provided that the fill would not enhance erosion on neighboring property and is designed to be compatible with surrounding topography and does not result in lateral forces for which the foundation has not been designed. Manmade alteration of sand dunes and mangrove stands within Zones V1-30, VE and V on the county's FIRM which would increase potential flood damage is prohibited. (d) An equal volume of storage capacity must be created for any volume of the base flood that would be displaced by fill or structures except for the following instances: Those development projects within the one hundred -year floodplain along the Indian River when granted a waiver from the cut and fill balance requirements by the board of county commissioners. In the one hundred -year floodplain of the Indian River an equal volume of storage capacity must be created for any volume of the base flood that would be displaced by fill or structures below elevation four (4) feet NGVD, or the ten-year flood elevation which has been determined by FEMA, whichever is greater. The board of county commissioners may, in its discretion, grant a waiver from the provisions of this subsection upon the affirmative showing of the applicant, by means of a competent engineering study, that the development project is situated in an estuarine environment and that the development project, as designed,, will meet all other requirements of the stormwater management and flood protection chapter and will not create a material adverse impact on flood protection on other lands in the estuarine environment. Coding: Words in strike through are deletions from existing law. Words underlined are additions. \\Fileserver\Public\Community Development\Users\ROLANDWiscellaneous\LDR\930.07 mech equip freeboard\930.07 LDR amd 011603.DOC 1 M ej 010,15091_WMINT11 1/• 2. For subdivided lots of less than one (1) acre in area that existed prior to July 1, 1990. At such time as the county may create or cause to be brought into existence a stormwater utility, or other entity charged with managing drainage concerns the requirements of this section will apply for lots less than one (1) acre in area existing prior to July 1, 1990, if the utility or entity has the authority to compensate for fill added in floodplains by administering a program that causes compensation for fill added on individual lots to be mitigated by contribution to an off site mitigation fund for a central facility or facilities, owned by the county, the stormwater utility, or other entity. Those development projects, located in the St. John's Marsh and within either the Terra Ceia, Holopaw, Delray, Canova, Gator or Floridian soil types (as described in the United States Department of Agriculture Soil Conservation Service Soil Survey of Indian River County, latest edition) for which a cut and fill waiver has been granted by the board of county commissioners. The board of county commissioners may, in its discretion, grant a waiver from the provisions of this subsection upon the affirmative showing of the applicant, by means of a competent engineering study, that the development project, as designed, will meet all other requirements of the stormwater management and flood protection chapter and will not create a material adverse impact on flood protection. 4. Development located within the Vero Lake Estates Municipal Services Taxing Unit as referenced in Ordinance No. 84-81, for which a cut and fill waiver has been granted by the board of county commissioners. The board of county commissioners may, in its discretion, grant a waiver from the provisions of this subsection upon the affirmative showing of the applicant, by means of a competent engineering study, that the development project, as designed, will meet all other requirements of the stormwater management and flood protection chapter and will not create a material adverse impact on flood protection. No structure or fill shall be permitted within the limits of the floodway of the St. Sebastian River, South Prong except as provided by 93 0.07(2)(b) 14c. 1-3 &. (e) No development will be allowed that poses a significant threat of releasing harmful quantities of pollutants to surface waters or groundwaters during flooding. (f) All construction within the Indian River County Coastal Building Zone shall be in compliance with Chapter 402 of this Code, Coastal Construction Code. (g) If fill is used for foundation support, the elevation of the soil support shall not be greater than that which would result from the erosion reasonably anticipated as a result of the design storm conditions. (h) If any lot in a residential subdivision lies within a flood hazard zone, then the following additional standards apply to approval of the plat: Each lot must include a site suitable for constructing a residential building in conformity with the standards of this chapter. Coding: Words in strikethrough are deletions from existing law. Words underlined are additions. \\Fileserver\Public\Community Development\Users\ROLAND\Miscellaneous\LDR\930.07 mech equip freeboard\930.07 LDR amd 011603.DOC ORDINANCE NO. 2003- 006 One or more elevation benchmarks must be established and indicated on the plat. Said elevations must be referenced to the NGVD (1929) and shall be calculated to within 0.1 feet. All prospective agreements for deed, purchase agreements, leases or other contracts for sale or exchange of lots within the flood hazard zone and all prospective instruments conveying title to lots within the flood hazard zone must carry the following flood hazard warning prominently displayed on the document: "This property may be subject to flooding during a 100 year base flood event. You should contact local building and zoning officials and obtain the latest information regarding flood elevations and restrictions on development before making plans for the use of this property." 4. The following information shall be included on the final plat: boundaries of flood zones; base flood elevations; the date and panel number of the applicable current flood insurance rate map; and a notation, if applicable, that a letter of map revision had been applied for prior to final plat approval, but has not yet been granted. (i) All roads shall be set at or above the ten year flood elevation, but in no case shall a road be constructed at an elevation below five (5) feet above sea level. All roads shall be designed to maintain drainage flow beneath the road bed so that equalization may occur. (j) If the development project is in a critical flood zone, it must be demonstrated, in addition to compliance with section 930.07(2), that: 2. There is no significant threat of releasing quantities of pollutants which have the effect of degrading water quality below standards established in Florida Administrative Code Chapter 17-3, as amended from time to time, to surface or groundwater during the base flood. The capacity of the critical flood zone to store and convey surface waters or perform other significant water management functions will not be impaired. (k) Any project proposal that will alter the boundaries of a regulatory floodway, the configuration of the watercourse contained within a regulatory floodway, or an area of special flood hazard as shown on FEMA flood insurance rate maps, shall be subject to the following conditions of approval: If the project proposes to alter the boundaries of a regulatory floodway or the configuration of the watercourse contained within the floodway, the applicant shall submit proposed grading and drainage plans, stormwater management plans, floodplain studies, and all supporting computer modelling to the FEMA Region 10 Coding: Words in stFi ,through are deletions from existing law. Words underlined are additions. \\Fileserver\Public\Community Development\Users\ROLAND\Miscellaneous\LDR\930.07 mech equip freeboard\930.07 LDR amd 01 1603.130C ORDINANCE NO. 2003=006 IV Office for a conditional letter of map revision. The project will not receive final approval until the proposed alteration of the watercourse and/or floodway boundaries has been approved by FEMA. 2. If a proposed project will alter the boundaries of an area of special flood hazard as shown on the FEMA flood insurance rate maps, the applicant shall submit approved grading and drainage plans, stormwater management plans, floodplain studies, and all supporting computer modelling to the FEMA Region [IV] Office for a conditional letter of map revision, within thirty (30) days of receiving final approval. Within thirty (30) days following completion of the entire project or a phase thereof, the applicant shall submit engineer's certified copies of the final, constructed grading and drainage plans and stormwater management plans to the FEMA Region IV Office for issuance of a final letter of map revision. 4. The community development director shall be provided copies of all related correspondence. (3) Stormwater management and flood protection permit (Type Q. A Type "C" permit or flood protection permit is required prior to the construction of an individual detached single-family residence, duplex residence or accessory structure which is located in a flood hazard zone as defined in section 930.07(1)(s). The Type "C" permit shall be issued upon the applicant demonstrating compliance with section 930.07(2)(a) through 0). 2. Repeal of Conflicting Provisions All previous ordinances, resolutions, or motions of the Board of County Commissioners of Indian River County, Florida that 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 the Indian River County that conflict with the provisions of this ordinance are hereby repealed to the extent of such conflict. 3. Codification 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 re -lettered to accomplish such intentions. 4. Severability If 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. 5. Effective Date This ordinance shall take effect upon filing with the Florida Secretary of State. Coding: Words in strike through are deletions from existing law. Words underlined are additions. \\Fileserver\Public\Community Development\Users\ROLAND\Miscellaneous\LDR\930.07 mech equip freeboard\930.07 LDR amd 011603.DOC ORDINANCE NO. 2003-006 This ordinance was advertised in the Vero Beach Press -Journal on the 8th day of Feb. , 2003, for a public hearing to be held on the 18thday of February , 2003, at which time it was moved for adoption by Commissioner NPiihPrgPr , seconded by Commissioner Ginn , and adopted by the following vote: The ordinance was adopted by a vote of: Chairman Kenneth R. Macht Aye Vice Chairman Caroline D. Ginn Aye Commissioner Fran B. Adams Aye Commissioner Thomas S. Lowther Aye Commissioner Arthur R: Neuberger Aye The Chairman thereupon declared the ordinance duly passed and adopted this 18th day of February , 2003 z eta.r BOARD OF COUNTY COMMISSIONERS Co ,r OF INDIAN VER CO TY Att J.K., ton;* Cl kIF r .1 ..✓-. ii.. By: By: •Deputy Clerk , eth R. Macht, Chai an �: IF CIF F t tC �1 IFF 77f Filed with the Floridd. Department of State on the 6 day of , 2003. jr V L l William G. Collins Deputy County Attorney APPROVED AS TO PLANNING MATTERS r Robert M. Keating, AI P Community Development Director Coding: Words inStFi*ethretigh are deletions from existing law. Words underlined are additions. \\Fileserver\Public\Community Development\Users\KOLAND\Miscellaneous\LDR\930.07 mech equip freeboard\930.07 LDR amd 011603.DOC