HomeMy WebLinkAbout1974-10INDIAN RIVER COUNTY ORDINANCE
No. 74-10
An Ordinance relating to Dune Protection, amend-
ing Indian River County Ordinance 79-B, to
provide restrictions for, the use of the 50 foot
construction setback, providing definitions and
providing exceptions and an effective date.
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY,:. FLORIDA, that Indian River County Ordinance
71_� is hereby amended by adding the following definitions to
Section 2:
Beach -
The word "beach" as used hereinafter means the
sandy area lying between the water line of the
Atlantic Ocean at mean low tide to a point west
thereof where the vegetation grows generally.
Natural Vegetation Line -
The point on the beach above mean high water
where rooted terrestrial vegetation exists.
Main Dune Bluff -
The seaward edge of the easternmost highest,
most prominent dune immediately west of the
vegetation line. This dune can be determined
by its continuous relationship to the main
dune line extending north and south from the
point of determination.
By substituting the following for Section 3, Paragraph 8:
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 accordingg to law.
B. Except as provided for herein, distrubance of the
bluff line or vegetation seaward of the construction setback line
is prohibited.
C. No roadway shall be allowed to cross the area
within the 50 foot construction setback, except at specified
locations, to be designated by Resolution of the Board of County
Commissioners.
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D. Parking of automobiles, boats, trailers, motor
homes, vrecre,ation and I,ftanyehae1es a,re)rWdl"H:i'tled:4Pthi6ht-he
setback area.
E. During construction, a chain or rope barrier
running parallel to the dune line shall be maintained no less than
35 feet back from the main bluff for the purpose of preventing
workers and their equipment and material from destroying the dune
and its vegetation during construction activities. No parking of
construction equipment or other vehicles shall be allowed nearer
than 35 feet of the main dune bluff during construction. The 15
foot leeway shall be restored with natural vegetation or sod upon
completion of construction. Under special circumstances requirsog,
extra-wide equipment or vehicles, this leeway may be extended an
additional 10 feet seaward.
F. It shall be unlawful for any person to operate,
drive, or propel any automobile, motorcycle, dune buggie or other
motor vehicle upon, over or within the dune setback area, including
the area in front of the main dune eastward to the natural vegetation
line, except at specified access routes as provided in (C) above.
G. During periods of emergency, such as hurricanes
or severe storms, in order to protect life or property, provisions
of this ordinance may be temporarily suspended by petition to,and
approval of,, the Board of County Commissioners.
H. This Ordinance will become effective on May 13, 1974.
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