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ORDINANCE NO. 89- 29
AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA AMENDING SECTION
25(B), YARD ENCROACHMENTS, MODIFYING AND ESTABLISHING REGULATIONS
AFFECTING THE LOCATION OF SWIMMING POOLS AND RELATED STRUCTURES;
FURTHER AMENDING SECTION 25(i), WALLS AND FENCES, PERMITTING
FENCES OF UP TO SIX FEET IN HEIGHT ON CORNER LOTS ADJACENT TO
ARTERIAL ROADS; AND PROVIDING FOR REPEAL OF CONFLICTING PRO-
VISIONS, CODIFICATION, SEVERABILITY, AND EFFECTIVE DATE.
NOW THEREFORE, be it ordained by the Board of County Commissioners
of Indian River County, Florida that:
SECTION 1
Section 25(b)(6) be hereby amended as follows:
"(6) Swimming pools and related structures.
a. Swimming pools. No swimming pool shall be located
closer than ten (10) feet to any rear property line or
---fiv-e(5) feet- to any easement for utilities, drainage or
access, whichever distance is greater.
b. Special yard situations.
On corner lots with one yard which abuts a road
riqht-of-way classified as an arterial road on the
county's Tnorougnrare elan map, no swimminq pool
ine abutting the arterial road, or five feet to
easement for utilities, drainage, or access,
lever distance is greater, provided that the
adiacent to the arterial road is not the vard
entrance to
2. On lots where no rear yard, as defined in the
zoning code, exists having a width at least
one-half () the applicable -minimum lot width, one
side yard or side yard area may be designated by
the property owner as a "rear yard" for purposes of
applvinci the requlations contained within this
section: Section 25(b)(6).
[NOTE: see definitions section regarding double
frontage lots: "yard, rear".]
C. Pool decks and patios. No deck or patio constructed in
conjunction with any swimming pool shall be located
within an easement or closer than 5 feet to any property
line.
d. Pool enclosures. No screen enclosures for swimming
pools shall be located within an easement or closer than
1 -0 -feet -to -the r-ear-pr-operty-line an interior-orcorrter
lots. For purposes of this paragraph, yards which are
not adjacent to the main entrance of the lot, but which
abut a road classified as an arterial road on the
County's Thoroughfare Plan Map shall be considered rear
yards. Pool enclosures shall not encroach on the
required rear yard on either double frontage lots or
corner lots if the rear yard abuts or faces 4 the front
yard providing the main entrance to another lot
RFCTTnm 2
Section 25(i)(2) be hereby amended as follows:
"(2) Height of walls and fences.
Coding Words in_1`k)�)ff)i` type are deletions _from _-the existing
law. Words underlined are additions.
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ORDINANCE NO. 89-
a. Front yard. Fences not exceeding forty-two (42)
inches in height may be erected in the front yard
of any lot.
b. Side yard. Fences not exceeding six (6) feet in
height may be erected in the side yard of any lot
provided they do not extend beyond the front
setback line.
c. Rear yard. Fences not exceeding six (6) feet in
height may be erected in the rear yard of any lot
within a zoning district, provided that no .fence
shall be erected in a utility easement,
d. Fences not exceeding 6 feet in height may be
tnat yard does not provide the main entrance to the
lot but is adjacent to a road classified as an
arterial road in the County's Thoroughfare Plan
[NOTE: see definitions section regarding double frontage lots.]
SECTION 3
REPEAL OF CONFLICTING PROVISIONS
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 legisla-
ture 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.
SECTION 4
CODIFICATION
The provisions of this ordinance shall be incorporated into
the County Code and the word "ordinance" may be changed to "sec-
tion", "article", or other appropriate word, and the sections of
this ordinance may be renumbered or relettered to accomplish such
intentions.
SECTION 5
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 legis-
lative intent to pass this ordinance without such unconstitution-
al, invalid or inoperative part.
SECTION 6
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The provisions of this ordinance shall become effective upon
receipt from the Florida Secretary of State of official acknowl-
edgement 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 day of ,
1989.
Coding: Words in type are deletions from the existing
law. Words underlined are additions.
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ORDINANCE NO. 89- 29
This ordinance was advertised was advertised in the Vero Beach
Press -Journal on the26th day of September , 1989, for a public
hearing o e e on the l/t ay o ctotrer— , 1989, at
which time it was moved for adoption by Commissioner Eggert ,
seconded by Commissioner Bowman , and adopted by the
following vote;
Chairman Gary C. Wheeler Aye
Vice Chairman Carolyn K. Eggert Aye
Commissioner Richard N. Bird Aye
Commissioner Margaret C. Bowman Aye
Chairman Don C. Scurlock, Jr. Absent
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY
BY
Gary C. heeler, Chairman:
ATTEST BY:
Acknowledgement by the Department of State of the State of llori.da
this 23rd day of October 1989.
Effective Date: Acknowledgement from the 'Department of. State
received on -this- Yth day �f--October , 1989 -at
2:00 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.
U Z_ -Z'2': �_
William G. Collins II, Assistant County Attorney
Swimming Pools
ORDI
APP-ROVED-AS-T-0-PLANN-INC-MATTERS
Robert M. Keating, Commun
Development Director
Indian River cn Approved Dale
Admir:
Legal
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Bud gel
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Dept.
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;Risk Mgr.
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Coding: Words in OfHOjffWM type are deletions from the existing
law. Words underlined are additions.
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