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Home My WebLink About1989-07INDIAN RIVER COUNTY ORDINANCE NO. 89-7 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 25.1 REGULATIONS FOR SPECIFIC LAND USES, OF APPENDIX A, ZONING, OF THE CODE OF LAWS AND ORDINANCES; AMENDING SECTION 25.1(c)(7) RELATING TO SINGLE-FAMILY DOCKS CONSTRUCTED PRIOR TO THE PRINCIPAL RESIDENCE, TO REDUCE REQUIRED SECURITY FROM A $5,000 BOND TO A $1,500 CASH ESCROW DEPOSIT, AND PROVIDING FOR THE REPEAL OF CONFLICTING PROVISIONS, CODIFICATION DATE, SEVERABILITY AND EFFECTIVE DATE. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, THAT: Subsection. 25.1(c)_(7of the_Re_gulations_of Specific. LandUses of Appendix A, Zoning, of the Indian River County Code of Laws and Ordinances is hereby amended as follows: (7) Single-family docks constructed prior to the construction of a principal single-family dwelling unit (Administrative permit). a. The construction of a single-family dock on a lot prior to -the construction of -a -principal single-family dwel- ling unit on the same lot shall be permitted for the purpose of providing waterfront property owners vested riparian rights of access to the adjacent waterbody. The aforementioned dock, however, shall continue to be construed as an accessory structure, and its use prior to the issuance of a certificate of occupancy for the principal structure shall not be considered consistent with the appropriate zoning district regulations. b. Districts requiring administrative permit: Single- family docks may be allowed in the A-1, RFD, RS -3, RS -6, .RT -6, RM -3, RM -4, RM -6, RM -8, RM -10 and RM -14 Districts prior to construction of a principal single-family dwelling use upon receiving approval for an administra- tive Permit as provided in Section 25.2 and after meeting the requirements defined below. C. Additional information requirements: A site plan showing the dimensions, elevations, and location of the dock structure. 2. All applicable local, state and federal permits, leases or consent of use agreements shall e submitted to the Planning and Development Division prior to release of the dock site plan. d. Criteria for single family docks constructed prior to the construction of a principal single dwelling unit: 1. The owner shall submit and record in the public records of Indian River County an agreement that the dock will not be used until such time as a certificate of occupancy for the principal single family unit is issued by the County. 2. To secure the agreement, the owner shall post with the County a $1,500 cash escrow deposit which may, be utilized by the County for removing the dock upon the determination of the Code Enforcement Board that the Annk bar been used with the owner's knowledge. Said escrow funds shall -be released -to the owner -providing the dock is removed within 30 days by the owner to the satisfaction of the County. CODING: Words in type are deletions from existing law: words underlined are additions. SmeadSoft Reprint Date: Monday, August 12, 2013 - 15:11:07 - OfficialDocuments:688, Attachment Id 0, Page 1 ORDINANCE NO. 89-7 3. Upon determination by the Code Enforcement Board that a violation has occurred, the Board shall order the owner to remove the dock and shall prohibit the building of a structure riparian to the land in question for a period of not less than two nor more than five years. The order of the Board shall be recorded in the public records of Indian River County. 4, The dock shall be constructed on pilings so as not to involve filling or dredging other than that necessary to install the pilings. 5. The dock shall not substantially impede the flow of water or create a -navigational herd. NOTE: see section 25(W)_for-other--eriteria. PART 2 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 provision of this ordinance are hereby repealed .othe—extent- of—such con fUct: kil—Special Acts--of--the legislature applying only to the unincorporated portion of Indian River County and which conflict with the provision of this ordinance are hereby repealed to the extent of such conflict. PART 3 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. 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. PART__5___ EFFECTIVE DATE The provisions of this ordinance shall become effective upon receipt from the Florida Secretary of state of official acknow- ledgement that this ordinance has been filed with the Department of State. Approved and adopted by the Board of County Commissioners of Indian River County on this7th day of February , 1989. This ordinance was advertised in the Vero Beach Press -Journal on the 18thday of Taniar , 1989 for a public hearing to be held on the ZYL day of Fe} r„a , 1989, at which time it was moved tiger CODING: Words intype are deletions from existing law; words underlined are additions. SmeadSoft Reprint Date: Monday, August 12, 2013 - 15:11:07 - OfficialDocuments:688, Attachment Id 0, Page 2 ORDINANCE NO.89-7 seconded by Commissioner Bowman , and adopted by the following vote: Chairman Gary C. Wheeler Ave Vice Chairman Carolyn K. Eggert Axa Commissioner Richard N. Bird Ave Commissioner Margaret C. Bowman 2Y9 Commissioner Don C. Scurlock, Jr. AY& BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY Acknowledgement by the Department of State of tie Mate of Florida this 13th day of February , 1989. EFFECTIVEDATEAcknowled gement trom fheITepart of "'Stere received on this 16th day of February ,,1989 at 2:,3;0 -AMyPM and filed in the office of the Clerk' of the 1Board.'of County Commissioners of Indian River County, Florida,. APPROVED AS TO PLANNING MATTERS By Robert ng, CP Community Deve opm t Director APPROVED AS TO FORM1 AND LUAL SUFMENCY� PY WILLIA:A G. COULINS II ASST. COUNTY ATTORNEY CODING: Words in type are deletions from existing law; words underlined are additions. SmeadSoft Reprint Date: Monday, August 12, 2013 - 15:11:07 - OfficialDocuments:688, Attachment Id 0, Page 3