HomeMy WebLinkAbout2012-028ORDINANCE 2012-028
AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA CONCERNING AMENDMENTS
TO ITS LAND DEVELOPMENT REGULATIONS (LDRs); PROVIDING FOR AMENDMENTS
TO CHAPTER 929, UPLAND HABITAT PROTECTION, BY AMENDING ST. SEBASTIAN
RIVER AND INDIAN RIVER LAGOON AQUATIC PRESERVE SHORELINE PROTECTION
BUFFER ZONE SECTION 929.07, AND BY PROVIDING FOR REPEAL OF CONFLICTING
PROVISIONS; CODIFICATION; SEVERABILITY; AND EFFECTIVE DATE.
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER
COUNTY, FLORIDA THAT THE INDIAN RIVER COUNTY LAND DEVELOPMENT
REGULATIONS (LDRS) CHAPTER 929, UPLAND HABITAT PROTECTION, BE AMENDED
AS FOLLOWS:
SECTION #l:
Amend LDR Section 929.07, St. Sebastian River and Indian River Lagoon Aquatic Preserve
Shoreline Protection Buffer Zone, to read as follows:
(1) For parcels created after June 18, 1991 along the St. Sebastian River, a one hundred -
foot shoreline protection buffer is hereby established measured from the mean high water mark of
the river or fifty (50) feet from the landward boundary of jurisdictional wetlands along the river or
any tributary, whichever is greater (cross reference section 911.12(4)(e)). For parcels of record
which existed prior to June 18, 1991, a fifty -foot shoreline protection buffer for unplatted parcels,
and a twenty -five-foot buffer for existing platted lots is hereby established on land parcels bordering
the St. Sebastian River or the Indian River Lagoon Aquatic Preserve, measured from the mean high
water line. In no case, however, with reference to parcels or lots of record, which existed prior to
June 18, 1991, shall the buffer(s) exceed twenty (20) percent of the parcel or lot depth perpendicular
to the applicable waterway. The shoreline protection buffer(s) described in this section shall
not apply to riverfront properties with permitted seawalls.
(2) Within the shoreline protection buffer, no development shall be permitted with the
exception of docks, boat ramps, pervious walkways and elevated walkways which provide the
property owner with reasonable access to the waterway.
(a) No more than twenty (20) percent or twenty-five (25) feet, whichever is greater, of
any shoreline may be altered for reasonable access. Native vegetation in the
remainder of the shoreline protection buffer shall remain unaltered, except as may be
allowed through county trimming regulations.
(3) Shoreline alteration shall be prohibited, unless it is in the public interest or prevents
or repairs erosion damage, or provides reasonable access to the water, does not adversely impact
water quality, natural habitat or adjacent shoreline uses, and is permitted by all applicable
jurisdictional regulatory agencies. Any native vegetation removed in such instances except as may
be allowed in subsection 929.07(2)(a), shall be relocated or replaced on-site with comparable
vegetation and amount.
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ORDINANCE 2012-028
SECTION #2: SEVERABILITY.
If any clause, section or provision of this Ordinance shall be declared by a court of competent
jurisdiction to be unconstitutional or invalid for any cause or reason, the same shall be eliminated
from this Ordinance and the remaining portion of this Ordinance shall be in full force and effect and
be as valid as if such invalid portion thereof had not been incorporated therein.
SECTION #3: REPEAL OF CONFLICTING ORDINANCES.
The provisions of any other Indian River County ordinance that are inconsistent or in conflict with
the provisions of this Ordinance are repealed to the extent of such inconsistency or conflict.
SECTION #4: INCLUSION IN THE CODE OF LAWS AND ORDINANCES.
The provisions of this Ordinance shall become and be made a part of the Code of Laws and
Ordinances of Indian River County, Florida. The sections of the Ordinance may be renumbered or
relettered to accomplish such, and the word 'ordinance" may be changed to "section", "article", or
any other appropriate word.
SECTION #5: EFFECTIVE DATE
This Ordinance shall take effect upon filing with the Department of State.
This ordinance was advertised in the Press -Journal on the 9th day of June, 2012, for a public
hearing to be held on the 19th day of June, 2012, and on the 30th day of June, 2012 for a second
public hearing to be held on the 10th day of July, 2012, at which time it was moved for adoption by
Commissioner O'Bryan, seconded by Commissioner Solari, and adopted by the following vote:
Chairman Gary C. Wheeler Aye
Vice Chairman Peter D. O'Bryan Aye
Commissioner Bob Solari Aye
Commissioner Wesley S. Davis Aye
Commissioner Joseph E. Flescher Aye
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BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY
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BY:
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Gary C. eeler, Chairman
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ORDINANCE 2012- 028
ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller
BY: C�� (�L_
Deputy Clerk
This ordinance was filed with the Department of State on the following date:
APPROVED AS TO FORM AND LEGAL SUFFICIENCY
01 Alan Polackwich, Sr., County Attorney
APPROVED AS TO PLANNING MATTERS
bert M. Keating, AICD/,` Comms Development Director
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