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HomeMy WebLinkAbout1985-64INDIAN RIVER COUNTY ORDINANCE NO. 86'-64 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, RELATING TO THE PRESERVATION OF SCENIC AND HISTORIC ROADS IN INDIAN RIVER COUNTY; PROVIDING FOR DEFINITIONS. OBJECTIVES, RESTRICTIONS,' RULES AND REGULATIONS, USE OF PROTECTED AREA AS REQUIRED YARD AREAS, MANAGEMENT, PROTECTION AND CONTROL OF SCENIC OR HISTORIC ROADS. VIOLATION, INCORPORATION IN CODE, SEVERABILITY, AND EFFECTIVE DATE. WHEREAS, Indian River County pursuant to Florida Statutes 5163.3164 et seq. adopted a Comprehensive Land Use Plan for the County, and WHEREAS, within the Comprehensive Land Use Plan, the Board of County Commissioners recognized that there are certain roads of special historic and scenic significance to the citizens of the County, and WHEREAS, it was recognized that Indian RIYCr County WiShQ9 t6 preserve its history, cultural traditions, elements of unique beauty and charm including scenic and historic roads, and WHEREAS, the Board of County Commissioners of Indian River County has now determined that it is necessary to adopt this ordinance to implement the policies contained within the Comprehensive Plan that is mandated by Florida Statutes, and WHEREAS, the County now determines and finds that it is in the County's best interest to take reasonable steps to prevent the destruction of the County's heritage and to provide for the preservation and maintenance of historic and scenic roads thereby contributing to civic pride, education, cultural heritage and general public welfare. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA: SECTION 1 DEFINITIONS 1.1 "County Commission" shall mean the Board of County Commissioners of Indian River County, Florida. 1.2 "Planning and Zoning Commission" shall mean the Planning and Zoning Commission of Indian River County, Florida. 1.3 "Protected Area" shall mean and refer to the area thirty (30) feet parallel to and abutting the right-of-way lines -1- on any historic or scenic road as set forth in the comprehensive plan of Indian River County. 1.4 "Structures" shall mean all buildings or other products of construction; provided, however, that the following shall not be deemed Structures for purposes of this ordinance: (a) Roads approved by the County Commission and permitted by the County Engineer which traverse the Protected Area. (b) Fences which have an opacity of not more than fifty (50) percent when viewed along a line of sight perpendicular to the fence. (c) Street lights. (d) Traffic control devices. (e) Docks and walkways. (f) Piers. (g) Outdoor advertising signs no larger than seven and one-half (7-1/2) square feet limited to advertising residential developments or homes on lots or parcels immediately adjacent to the roadway. SECTION 2 OBJECTIVES 2.1 To promote the safety and convenience of those members of the public traveling on scenic or historic roads. 2.2 To protect the natural and cultural heritage of historic or scenic roads and to enhance their resource value for enjoyment of future generations. 2.3 To protect the public interest in historic and scenic roads from activities, land uses, signs and the unnecessary removal of native vegetation, which impair both the integrity of the road, its capacity for traffic, and its visual qualities. 2.4 To contribute to the environmental and historical appreciation of scenic and historic roads and the education of the residents and visitors. SECTION 3 RESTRICTIONS It shall be illegal and subject to the penalties provided herein for any person to engage in any of the following -2- activities without prior authorization from the Planning and Zoning Commission. (a) The erection of structures within the Protected Area as defined in this ordinance. (b) The placement of overhead utilities within the Protected Area, except that: (1) Utility drops may be installed to previously exist- ing buildings within the Protected Area. (2) Primary electrical transmission lines carrying 25,000 volts or more may be exempted from this restriction by the County Commission after site plan approval when such transmission lines propose to cross the Protected Area perpendicular to the Scenic Road; (3) Utility lines carrying less than 25,000 volts shall be installed underground. The installation of transformers shall be allowed when landscaped to prevent view from the road when servicing new development from underground electrical transmission lines. SECTION 4 RULES AND REGULATIONS The County Commission may from time to time adopt rules and regulations by resolution setting forth specific restrictions for the purpose of preserving scenic and historic roads. Such restrictions may relate to but shall not be limited to the following topics: (1) Providing for the placement of informational signs designating scenic and historic roads and providing historical information to members of the public. (2) Providing special rules and regulations for the preservation and maintenance of the roads with the intent to protect and enhance their scenic quality. SECTION 5 USE OF PROTECTED AREA AS REQUIRED YARD AREAS The Protected Area defined by this ordinance may be used to fulfill the requirements of the Zoning Code and Land Use Plan of Indian River County pertaining to front, side or back yard set- -3- backs. SECTION 6 MANAGEMENT AND PROTECTION OF SCENIC OR HISTORIC ROADS The Public Works Division of Indian River County, the Parks Department and the Community Development Division shall implement guidelines for maintenance of the scenic and historic roads. These guidelines will be adopted by resolution of the Board of County Commissioners and shall include: (a) The prohibition on clear cutting of vegetation in the Protected Area except under circumstances where sight lines are obstructed and contribute to traffic hazards. (b) Provide for the cutting of selective vegetation within the Protected Area upon the recommendation of the Community Development Division and approval of the County Planning and Zoning Commission. (c) Rules will be adopted to promote the establishment of planting strips within the protected area to be comprised of native vegetation. (d) Provisions shall be established to provide adequate drainage for the roadbed and surrounding properties and a program of maintenance shall be established to assure the continued effectiveness of the system. (e) Provisions shall be established for the selective removal of trees and other vegetation from the Protected Area when such are damaged beyond restoration. In all cases all such activity will comply with the Indian River County Tree Protection Ordinance. SECTION 7 VARIANCES The Indian River County Planning and Zoning Commission, after due public notice, may grant such variances from the terms of this ordinance as will not be contrary to the public interest when, owing to special conditions, a literal enforcement of the provisions of this ordinance would result in unnecessary and undue hardship. Prior to the approval of any variance from the provi- sions of this ordinance or the rules and regulations adopted here- -4- under, the Planning and Zoning Commission must find: (1) That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or build- ings in the same zoning district; (2) That the special conditions and circumstances do not result from the actions of the applicant; (3) That granting the variance requested will not confer on the applicant any special privilege that is denied by this ordinance to other lands, buildings, or structures in the same zoning district; (4) That literal interpretation of the provisions of the ordinance would deprive the applicant of rights commonly enjoyed by other properties abutting the same historic or scenic road under the terms of this ordinance and would work unnecessary and undue hardship on the applicant; (5) That the variance granted is the minimum variance that will make possible the reasonable use of the land, building, or structure; (6) That the granting of the variance will be in harmony with the general intent and purpose of the ordinance and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. In granting any variance, the Planning and Zoning Commission may prescribe appropriate conditions and safeguards in conformity with the laws of Indian River County, this ordinance and any rules and regulations adopted under this authority. Violation of such conditions and safeguards when made a part of the terms under which the variance is granted shall be deemed a violation of the ordinance. SECTION 8 VIOLATION A violation of this ordinance shall be punishable according to law. SECTION 9 INCORPORATION IN CODE -5- 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. SECTION 10 SEVERABILITY If any section, part of a sentence, paragraph, phrase or word of this ordinance is for any reason held to be unconstitu- tional, 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 uncon- stitutional, invalid or inoperative part. SECTION 11 EFFECTIVE DATE This ordinance (No. SS -64) shall become effective as law on the 10th calendar day following the date of receipt of acknowledgment from the Department of State of the filing of this ordinance. An}, project %which has received final site plan or subdivision approval prior to the effective date of this ordinance shall be considered exempt from its requirements, with the exception of mangrove alteration or removal provisions which shall apply prospectively to all such activity beginning on the effective date hereof. Approved and adopted by the Board of County Commissioners of Indian River County, Florida, on this 24th day of July , 1985. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By / U 1�J�� Vice Chairman Acknowledgment by the Department of State of the State of Florida this lst day of August 1985. Effective Date: Acknowledgment from the Department of State received on this 5th_ day of Au ust 1985, at 10.100 A.M./P.M. and filed in the Office o the Clerk of the Board of County Commissioners of Indian River County, Florida. APPROVED AS TO FORM AND LEGAL SUFFICIENCY. By 1klJw^ CHARLES P. VITUNAC, County Attorney -6-