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HomeMy WebLinkAbout1983-32 (2)INDIAN RIVER COUNTY ORDINANCE NO. 83-32 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA AMENDING SECTION 25 (i) OF APPENDIX A OF THE CODE OF LAWS AND ORDINANCES OF INDIAN RIVER COUNTY, KNOWN AS THE ZONING CODE, PERTAINING TO WALLS AND FENCES; PROVIDING FOR HEIGHT LIMITATIONS; MATERIALS AND CONSTRUCTION; ADMINISTRA- TIVE APPROVAL PROCEDURE FOR CERTAIN FENCES; APPEALS; EASEMENT PRESERVATION; REPEAL OF CONFLICTING ORDI- NANCES; CODIFICATION; SEVERABILITY; AND EFFECTIVE DATE. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER, FLORIDA that: SECTION 1 Section 25 (i) of Appendix A to the Code of Laws and Ordinances of Indian River County, Florida, known as the County Zoning Code, is hereby amended in its entirety to read as follOW5! Section 25 General Provisions (i) Walls and Fences. In all districts, except agricultural districts, fences and walls shall be permitted uses subject to the following requirements: (1) Height (a) Front yard - Fences and walls not exceeding forty-two (42) inches in height may be erected in the front yard. (b) Side and rear yard - Fences and walls not exceeding six (6) feet in height may be erected in the required side and rear yards, provided that no fence or wall exceeding forty-two (42) inches in height may extend beyond the front of the house or building. (2) Materials and Construction. All fences or walls shall be constructed to comply with the applicable local building code. Erection of any fence or wall shall require prior issuance of a zoning permit and payment of the appropriate fee in accordance with this ordinance. No fence or wall shall be constructed of materials which will be hazardous to the health, safety or welfare of persons or animals except as provided herein. -1- (3) Administrative Approval Procedure for Certain Fences (a) Higher fences and walls than listed above and all barbed wire fences shall require prior administrative approval by the Planning and Development Director. Before such approval may be issued, the Planning and Development Director must first determine that the structure will be visually compatible in the area in which it is to be located and that the additional security provided by such fence is reasonably necessary given the location or use of the property. A determination as to visual compatibility shall be based upon the number, proximity, height and design of other fences or walls in the area. If mandatory approval by an architectural control or review board having authority in the neighborhood or subdivision is required, then such recommendation shall be received prior to a determination by the Planning and Development Director under this provision, and any such architectural review board decision shall be given substantial weight in the County's review process. (b) If an applicant disagrees with a determination made by the Planning and Development Director under these provisions, review shall be available to the applicant by way of written appeal to the Planning and Zoning Commission. (4) Use of Easements -- Removal Agreement (a) No fence or wall shall be built in a utility or drainage easement without prior administrative approval from the Planning and Development Division. The division shall contact all present or intended users of an easement within which a fence approval has been requested with respect to the application for comment thereon prior to a determination on the approval request. (b) No zoning approval shall be issued for construction of a fence or wall in a drainage or utility easement unless the owner of the underlying fee property 2- shall first execute a removal agreement to be recorded among the public records, providing for preservation of the use of the easement. The removal agreement shall be in the nature of a covenant running with the land in favor of the parties to whom the easements have been dedicated. The covenant shall bind the owner and all successors to bear the expense of any removal or relocation of the fence or wall if determined necessary to make use of the easement, and shall hold harmless the County or any other entity removing the fence or wall, pursuant to terms of the agreement, in order to make lawful use of the easement. The cost of recording the covenant shall be borne by the applicant. SECTION 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 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 Indian River County and which conflict with the provisions of this ordinance are hereby repealed to the extent of such conflict. SECTION 3 INCORPORATION IN CODE 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 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 -3- 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. SECTION 5 EFFECTIVE DATE The provisions of this ordinance shall become effective upon receipt from the Florida Secretary of State of Official acknowledgment 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 12th day of October, 1983. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY BY: /c' � RICHARD N. BIRD Chairman Acknowledgment by the Department of State of the State of Florida this 24thday of October , 1983. Effective Date: Acknowledgment from the Department of State received on this 28th day of October , 1983, atll: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 FORM AND LEGAL SUFFj -C%CY. By: SLATE OF FLORIDA ='NTY 1 - ? PAT THIS IS c,JPY OF __ IN THIS C,.:.__. CLERK E Y ��,� C C. DATE �� � �T � "C