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Home My WebLink About1989-0111/2/88 - ORDINANCE CODE ENFORCEMENT DeBlois/Workman INDIAN RIVER COUNTY ORDINANCE NO. 89-1 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 25(w), PIERS, DOCKS, AND BOATSLIPS, OF THE GENERAL PROVISIONS OF APPENDIX A, ZONING, OF THE CODE OF LAWS AND ORDINANCES; AMENDING PARAGRAPH 25(w)(4)b. TO ALLOW FOR THE EXTENSION OF DOCKS AND PIERS INTO WATERWAYS UP TO 20 PERCENT OF THE WATERWAY WIDTH, AMENDING PARAGRAPH 25(w)(4)c. TO ALLOW TIE -OFF PILES AND MOORING OR DOLPHIN POLES TO EXTEND INTO A WATERWAY A MAXIMUM OF 25 PERCENT OF THE WATERWAY WIDTH; CREATING PARAGRAPH 25(w Md. TO MAINTAIN AN UNOBSTRUCTED WATERWAY WIDTH OF AT LEAST 25 FEET; AND PROVIDING FOR REPEAL OF CONFLICTING' PROVISIONS, CODIFICATION; SEVERABILITY, AND EFFECTIVE DATE. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMIS- SIONERS OF INDIAN RIVER COUNTY, FLORIDA, THAT: PART 1 Subsection paragraphs 25(w)(4)b, and 25(w)(4)c, of the General Provisions of Appendix A, Zoning, of the Indian River County Code of Laws and Ordinances are hereby amended as follows: Extension of docks and piers in waterways; generally. Docks and piers i(/Wd-440tl►tbbf4b/31OVA§/,//a*/dty' v`100400dt m, shall not project outward from the shore more than WI AAAI OOiOdik twenty (20) percent of the width of the waterway at a point where they are located. 110; 46ft1t lib/dbb A141hb/leW* ,(8Yl�kkkll�l�ll�itdYMl ��ll�bll�lrfs'da'7lJls'cYlt��tdX��Slb>�lh4a'#'a'�a'Y Od dtM/ The outward projection of a dock shall be measured from the water's edge at mean low tide. The location, di- mensions, and structural character of all structures shall be in conformity with applicable federal and state jurisdic- tional agency regulations. Tie -off piles, mooring or dolphin poles. Tie -off piles and mooring or dolphin poles may extend into a waterway a maximum of twenty-five (25) percent of the width of the waterway. Boat lifts attached to a dock shall be permitted between the dock and the tie -off piles, and/or mooring or dolphin poles. �iai$$dYiO�//dMdddl. Notwithstanding, all such structures $Xd¢dd/��bn�ii/tlik/i�h/IRh/ak Pdddl�d/��ebl�ik shall comply with applicable federal and state jurisdictional agency regulations. PART 2 Subsection paragraphs 25(w)(4)d. and 25(w)(6) of the General Provisions of Appendix A, Zoning, of the Indian River County Code of Laws and Ordinances are hereby created as follows: Application of paragraphs "b" and "c" above shall not result in an unobstructed waterway of less than(25) feet in width (twelve and one-half (12) feet either side of the waterway centerline). (6) Environmental impact considerations. Piers, docks, boat shelters, or other waterfront structures shall be located to minimize negative impacts on shoreline vegetation and marine grassbeds, as applicable. CODING: Words in $#¢yi¢yft{i¢¢$y type are deletions from existing IIR' law; words underlined are additions. SmeadSoft Reprint Date: Thursday, August 08, 2013 -1 3630 - OfficialDocuments:682, Attachment Id 0, Page 1 —1 SmeadSoft Reprint Date: Friday, February 03, 2017 - 15:214:48 - OFficialDocuments:9664, Attachment Id 1, Page 1 ORDINANCE NO. 89-1 PART 3 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 ordi- nance are hereby repealed to the extent of such conflict. PART 4 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. PART 5 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 legis- lative intent to pass this ordinance without such unconstitution- al, invalid or inoperative part. PART 6 EFFECTIVE DATE The provisions of this ordinance shall become effective upon receipt from the Florida Secretary of State of official acknowl- edgement 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 3rd day of January 1989. CODING: words in type are deletions from existing law; words underlined are additions. —z SmeadSoft Reprint Date: Thursday, August 08, 2013 - 10:36:30 - OfficialDocuments:682, Attachment Id 0, Page 2 f SmeadSoft Reprint Date: Friday, February 03, 2017 - 15:24:52 - OFficialDocuments:9664, Attachment Id 1, Page 2 Acknowledgement by the Department of State of the State of Florida this 9th day of January , 1989. Effective Date: Acknowledgement from the Department of State received on this 12th day of, 1989, at 9;30 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 TO FORM AND LEGAL SUFFICI CY By aron P. ennan Assistant County Attorney APPROVED AS TO PLANNING MATTERS BY Robert M. Keating, AICP Community Development Director Approved Dafe Admin, fV6. zrt7 &d Legal Budget I N OQP't• �t I CODING: Words intype are deletions from existing law; words underlined are additions. -3- SmeadSoft Reprint Date: Thursday, August 08, 2013 - 10:36:30 - OfficialDocuments:682, Attachment Id 0, Page 3 SmeadSoft Reprint Date: Friday, February 03, 2017 - 15:24:55 - OFficialDocuments:9664, Attachment Id 1, Page 3