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Home My WebLink About1986-76 (2)' 11/10/86(B4)LEGAL(Bnm) ORDINANCE NO. 86- 76 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 86-21, THE COASTAL. CODE; AMENDING THE BOUNDARY DESCRIPTION OF THE COASTAL BUILDING ZONE, AMENDING DEFINITIONS SECTION; REQUIRING COMPLIANCE WITH THE 1986 REVISIONS TO THE STANDARD BUILDING CODE; AMENDING SECTION 4-31, INDIAN RIVER COUNTY CODE OF LAWS AND ORDINANCES TO REQUIRE COMPLIANCE WITH 1986 REVISIONS TO THE STANDARD BUILDING CODE; PROVIDING FOR INCORPORATION IN CODE, SEVERABILITY AND EFFECTIVE DATE. WHEREAS the Board of County Commissioners of Indian River County passed Ordinance No. 86-21 to comply with the Coastal Zone Protection Act of 1985 [Sections 161.52-161.58, Florida Statutes (1985)]; and WHEREAS the Florida Legislature amended the requirement.s of that Act in Chapter 86-191, Laws of Florida; NOW, THEREFORE, be it ordained by the Board of County Commissioners of -Indian River County that: Indian'River County Ordinance No.•86-21, Section 4 is hereby amended as follows: Co.asta.l,Building Zone Boundary Description The boundary of the coastal building zone slga++-he eleser+beef-as on the coastal barrier island shall be the land area from the seasonal high_ -water line to a line 5,000 feet ------------------------- --------------------- landward from the coastal construction control line as established and as may _be- amended -from -time -to- time -pursuant Jo Section 161.053, Florida Statutes, or the entire island, whichever is 1-ess: If no coastal construction control line isi_n_place, _the coastal building -zone shall be the land area seaward of the most landward velocity zone "(V zone) boundary line fronting-.upon.the_ Atlantic Ocean. _Prov.ided, however, that in the event the Land and Water Adjudicatory ------------------------------------------------------------ Commission reduces the size of the coastal building zone in ------------------------------------------------------------ CODING: Words underlined are additions; words strueh-tWreagM are deletions 1 ORDINANCE NO. 86 - accordance with Chapter 86-191, Laws of Florida, then the ------------------------------------------------------------ Land and Water Adjudicatory —Commission's --decision — shall prevail—only—as—to—the—area addressed—by—such—decision. [The remainder of Indian River County Ordinance No. 86-21, Section 4, consisting of a long legal description, is hereby repealed. See original Ordinance for text.] SECTION 2. Certain definitions in Indian River County Ordinance No. 86-21, Section 9, are hereby amended as follows, and a new definition of "substantial improvement" is added: (b) "BREAKAWAY Bd+LB+NG WALL" OR "FRANGIBLE Bd+L9+NG WALL" means a partition independent of supporting structural members that will withstand design wind forces, but will fail under hydrostatic, wave, and run-up forces associated. with the design storm surge. Under such conditions, the wall shall fail in a manner such that it breaks up into components that will minimize the potential for damage to life or adjacent property. It shall be a characteristic of a —breakaway— or—frangible— wall —that it shall have a horizontal design—loading—resistance of no less --------------------------------------- than 10 nor more than 20 pounds per square foot. (e) "COASTAL BUILDING ZONE" - sba++-raeam-the-+anel area--as--r�easareel--5898--+ee+--+ar�elr�re�°el--+t°er�--+be--eeas+a+ eens+rue++an-w4c rtt-ro-1--++ne--ea+ l-i-alrecl--parsaaiq+- t-o--See++eR +6+-e53;-F+er+da-S+a+a+es- See Section 1 of this Ordinance. (g) "CONSTRUCTION" means the earrq+ng-et4--o4--any a�q-rrra�e-r-i��--e-�rarrge--i-�--t�-e-atz-e-er-t�se-rtrrf- arry--st-��e•��t�e-er +be- 9+rae+are9-,aiqd-beee+r-4-i-1-1 /-rti—s rly e;rt .--4Wtert-app reprrat-e-+e + b e - - -e•o-rt t-e•)tt ,- - - J Lccorr� t-f4xc-t i -o rr L- - ,r e 4e s - t- e - - -tote- - - -a-e-t - - e # MtHt-- f --c or t rttc-t�. building of or substantial improvement to any structure or the clearing, ------------------------------------------------------------ CODING:Words underlined are additions, words s+raek-+hreagh ---------------= are deletions. 14 G I 2/_10114011111101L6 : . filling,—or—excavation—of any land. It shall also mean—any alterations in the, size or use of any —existing—structure—or the appearance --of-- any land. ---When appropriate _—tothe context, "construction" refers to the act of construction or the result of construction. (o) "SUBSTANTIAL IMPROVEMENT" means any repair, -------------------------------------------------- reconstruction, or improvement of a structure, the cost of which equals or exceeds a cumulative total of -50 _percent —of the market value of the structure either. (a) Before the repair or improvement is --------------------------------------------- started; or (b) If the structure has been damaged and is -------------------------------------------- being —restored, —before _ the damage occurred. For the purposes__ of this definition, "SUBSTANTIAL ------------ ----------------------------------- IMPROVEMENT" is considered to occur when the first alteration —of_any wall, ceiling, floor, or other structural ------ -------------------- part--of--the —building _ commences, — whether or not that --------------- alteration affects the external dimensions of the structure. The term does not, however, include either any project for ------------------------------------------------------------ improvement of a structure to comply with —existing—state—or ------------------- local health, sanitary,— or safety code specifications ---------------------- are solely necessary _to— assure —safe_ 1 ivin2. conditions,* or anv alteration of a structure listed on the National Register --of— Historic Places or the State Inventory —_of Places. wttbstandtng-44�9-mi-4-e--3e-r�4tottr-wir Historic r�tks-peeeFs SECTION_3 Indian River County Ordinance No. 86-21, Section 11(h)(2), is hereby amended as follows: f ��--Irl-I--► a e�°--� ritc-tuwe�=slia-I-1--He- ekes-i-grred--.te veteettq- fwlessta es- s-Pre-I-I--rfio -He-Less--tkre - t-fre--was FLtes--gtveri betew- CODING_. Words underlined are additions; words 9-+ceaek-tP9reagR are deletions wttbstandtng-44�9-mi-4-e--3e-r�4tottr-wir r�tks-peeeFs veteettq- fwlessta es- s-Pre-I-I--rfio -He-Less--tkre - t-fre--was FLtes--gtveri betew- CODING_. Words underlined are additions; words 9-+ceaek-tP9reagR are deletions ORDINANCE NO. 86- Bas+a-W+mel-bye+ee+ty-Des+gra-Pressure f l?oum ls-per-Square-Feet j S1:ar�elarel-Batl-el+� j-Esele* He+gbt Pressure f+t j1 4 f ps+j *The -above-+.ab+e-+s- bas edlupem-l:He--ferma+a- P8-99256-x-b� x fH139j2/7 Where=----P-®-�ressa�°e-+r�-pea�elsfsgaare-�ee1: N-®-1.49-rapb H-�-be+gf�+-abode-graele-+r�-€eel: (2) All major structures shall be designed -------------------------------------------------- in accordance with Section 1205 of the.1986 Revisions to the ----------------------------=------------------------------- Standard-- Building -Code---(SBC)--1985 --Edition-- using --a fastest -mile wind velocity of 110 miles per hour. ------------------------------------------------- SECTION 4 Indian River County Ordinance No. 86-21, Section 13 is hereby amended as follows: SECTION 13 STRUCTURAL REQUIREMENTS FOR MINOR -------------------------------------------------- STRUCTURES .Minor structures need not meet the specific structural requirements of Section 11, Indian River County Ordinance No. 86-21, 4+738; except that they shall be --------------------- designed to produce the minimum adverse impact on the beach and dune system and shall comply with the applicable SECTION -5 Section 4-31, Indian River County Code of Laws and Ordinances is hereby amended as follows: standards of construction found elsewhere in this Code. Standard Building SECTION -5 Section 4-31, Indian River County Code of Laws and Ordinances is hereby amended as follows: The Standard Building Code, 1985 Edition, I ncluding Appendix A, and the 1986 Revisions, as published by the Southern Building Code Congress is hereby adopted by reference as the Indian River County, Florida Building Code, CODING: Words underlined are additions; words 9traek-1:Wreagb ---------- are deletions. Section,4-31:.. Standard Building Code adopted. The Standard Building Code, 1985 Edition, I ncluding Appendix A, and the 1986 Revisions, as published by the Southern Building Code Congress is hereby adopted by reference as the Indian River County, Florida Building Code, CODING: Words underlined are additions; words 9traek-1:Wreagb ---------- are deletions. ORDINANCE NO. 86 - subject to the limitations, exceptions and modifications set forth herein. SECTION 6 INCORPORATION IN CODE. This ordinance shall.be incorporated into the Code of Ordinances of Indian River County and the word lordi'nance" may be changed to "section", "article", or other appropriate word and the sections of this ordinance may be renumbered or relettered to accomplish such purposes. SECTION.7 . SEVERABILITY. If any Section, or if any sentence, paragraph, phrase, or word of this ordinance is for any reason held to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance; and lit shall be construed to have been. the legislative intent to pass the ordinance without such unconstitutional, invalid or.inoperative part. SECTION 8. EFFECTIVE DATE.. This ordinance shall become effective upon receipt from the Secretary of State of the State of Florida 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 thisl8th day of November,_. 1986. This ordinance was advertised in the Vero Beach Press -Journal commencing on the27th_ day of October 1986, for a public hearing to be held on the 18th day of .November 1986 at which time it was moved for adoption by Commissioner _Eggert________, seconded by CODING* Words underlined are additions; words struek-PtbPFeagb ---------- are deletions. 5 ORDINANCE NO. 86-76 Commissioner Bowman_ and adopted by the following vote: Commissioner Don C. Scurlock, Jr. Commissioner Carolyn.K. Eggert Aye— Commissioner Richard N. Bird Aye Commissioner Margaret C. Bowman Aye— Commissioner Gary C: Wheeler Aye, BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER.COUNTY, FLORIDA BY DON C. SCURL CK; JR. Chairman Acknowledgment by the Department of State of the State of Florida, this 21stday of November 1986• ----------------- Acknowledgment from the Department of State received on this 26th day of November r 19.86, at 10.00 A.M./P.M, and filed in the Office of the Clerk of the Boa7of County Commissioners'of Indian River'County, Florida. Approved as to form and legal,sufficiency ---------------------------- Bruce Barkett Assistant County Attorney