HomeMy WebLinkAbout1988-17INDIAN RIVER COUNTY ORDINANCE
ORDINANCE NO. 88-17
AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AFFEC-
TING ENCROACHMENT, OR INGRESS ONTO OR ALTERATION OF
NATURAL VEGETATION SEAWARD OF A LINE HEREBY ESTABLI-
SHED BY AMENDING SECTIONS 23}-10(a)(b), (c), (d) and
(e), INDIAN RIVER COUNTY CODE OF LAWS AND ORDINANCES;
BY AMENDING GENERAL PROVISIONS OF APPENDIX A, ZONING,
SECTION 25(X), (1), (2), (3)(f), (4), AND (6) COASTAL
MANAGEMENT AND SHORELINE PROTECTION, INDIAN RIVER
COUNTY CODE OF LAWS AND ORDINANCES, TO PROHIBIT
ENCROACHMENT ONTO, OR ALTERATION OF NATURAL VEGETA-
TION SEAWARD OF A LINE HEREBY ESTABLISHED: PROVIDING
FOR EFFECTIVE DATE, SEVERABILITY AND INCORPORATION IN
CODE.
WHEREAS, the State of Florida recently relocated the
Coastal Construction Control Line several Hundred feet landward
of the location where the line has existed since 1981; and
WHEREAS, the County has eliminated the prohibition of
construction seaward of the recently relocated Coastal Con-
struction Control Line and the State of Florida may, from time
to time, authorize construction activity, wholly or in part, to
extend seaward of the relocated Coastal Construction Control
Line; and
WHEREAS, the State will generally prohibit construction
seaward of the "old" Coastal Construction Control Line and the
"old" line defines the most seaward and therefore most critical
segment of coastal dune; and
WHEREAS, certain natural dune vegetation on the primary
and secondary dunes are invaluable in the prevention of beach
and shore erosion; and
WHEREAS, the conservation and coastal zone management
element of the County's Comprehensive Plan requires the County
to enact a native plant community ordinance in order to pre-
serve native flora & fauna and to further protect the social,
economic, and environmental attributes of the coastal system;
and
WHEREAS, the protection of dune vegetation within Indian
River County is not only consistent with the comprehensive
plan, but is essential to the present and future health, safety
and welfare of all citizens of Indian River County.
ORDINANCE NO. 88 -
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA AS FOLLOWS:
SECTION 1
AMENDMENT OF SECTION 23}-10(a),(b),(c), (d), and (e),
Indian River County Code of Laws and Ordinances.
Section 23}-10(a), (b), (c), (d), and (e), Indian River County
Code of Laws and Ordinances is hereby amended as follows:
23}-10(a) Establishment of Description of the County Dune
Stabilization Setback Line. The following legal description
describes the location of the County Dune Stabilization Set -
CODING: Words underlined are additions;
ORDINANCE NO. 88 -
nnThlm mcrLnlnV a 9 0 A 0 i 7'71ft, x r%TQmAlmT�v nL u'741 rC LIL'17011 Mn T nf%TAIM
CODING: Words underlined are additions;
ORDINANCE NO. 88-
23}-10(b) Except as provided herein, encroachment or
ingress onto or any disturbance of the, main dune or natural
vegetation seaward of the 0tAtit/ /Q'dVsVtle]//A1g(dliidl
CODING: Words underlined are additions; yb�t¢l/$¢id¢jE/yl��i�yl
ORDINANCE NO. 88-
Ziyi¢ County Dune Stabilization Setback Line is prohibited,
including encroachment or disturbance caused by individuals
upon foot or by vehicle or any kind. Ingress by foot seaward
of the County Dune Stabilization Line must be associated with
an approved dune crossover structure.
231-10(c) The land between the Coastal Construction
Control Line and the County Dune Stabilization Setback Line is
established as a zone of regulation whereby the Bureau of
Beaches and Shores of the Department of Natural Resources and
Indian River County may permit construction activity and
construction related dune alteration. Except as provided
herein, new construction and/or disturbance of the dune and
associated native vegetation is not permitted seaward of the
County Dune Stabilization Setback Line.
231-10(d) Except as expressly provided in Subparagraph
(e), it shall be unlawful for any person to operate, drive or
propel any truck, tractor, bulldozer, grader, crane, automo-
bile, motorcycle, dune buggy, moped, minibike, all terrain
cycle, or any other vehicle seaward of the
(C¢%f�t¢X/X•akf, County Dune Stabilization Line excluding, howev-
er, any of the aforementioned vehicles when operated by an
officer of an
agency of the State of Florida or A of a political subdivision
of the State of Florida in the furtherance of official duties,
or those operations which have received the express au-
thorization of the Board of County Commissioners.
231-10(e) Notwithstanding the foregoing provisions,
¢¢�itYi¢¢�i/�i/iEM¢/��¢diE$/¢�/LM¢/�►�ti�S/ult6d¢l an applicant who
has received the express written approval of the Bureau of
Beaches and Shores of the Department of Natural Resources to
carry on construct��i��on
JW4911A) KIWI)?J�U closer to t1se
County Dune Stabilization Line than 15 feet landward of the
County Dune Stabilization Line may make use of a leeway zone
CODING: Words underlined are additions; ►b¢�'41/$�'yi¢Jf/Mt�,a�yi
5
ORDINANCE NO. 88 -
seaward of the County Dune Stabilization Line. Said zone may
extend to a line up to fifteen (15) feet seaward of the dune
stabilization line but may not extend more than oX//Vp(//kb
fifteen (15) feet seaward of said
40tif1XX04/MeA/Wew/to/ /cWs/VWCYkMQV /961/ 10t
structure. The purpose of the
leeway zone is to provide for temporary encroachment of workers
and equipment seaward of the Dune Stabilization Line necessary
for construction activity. All proposed activity within the
fifteen (15) foot leeway zone shall be described in writing and
submitted to the Environmental Planner. Such written request
for authorization of a leeway zone tip to 15 feet in depth shall
include a vegetation survey that accurately locates and identi-
fies all vegetation within an area between the County Dune
Stabilization Setback Line and a line twenty (20) feet seaward
of that line as well as a plan for revegetating and maintaining
the leeway zone with natural indigenous dune vegetation. No
permanent improvement or structure may be made in the leeway
zone and, prior to encroachment therein, a temporary barrier
running parallel to the Coastal Construction Control Line or
County Dune Stabilization Setback Line shall be placed at the
most seaward extent of the leeway zone to identify the limits
beyond which no encroachment of any kind may occur; provided,
however, all activities related to construction of an approved
dune crossover or elevated bridge shall be governed by authori-
zation of the Department of
Natural Resources, Bureau of Beaches and Shores, or its succes-
sor.
�OAO/x/1/1/Nof %"MXiXvt$/bks//(Viqf 1V1VQ((%/bb//WYE//0474
A1616A6)bAX/b1Z//+/rilEl/i§�it old/,Elf//8'spa'dNe+!/ArSal/,Shb�k�//�e��(dal�e�d/�Ib�x��<
Approvals required under this paragraph may be obtained concur-
rently with site plan or subdivision approval, as the case may
be, but must be obtained 4yl1AA&/1WQiyt prior to the scheduled
CODING: Words underlined are additions; yb�¢al/$Yi¢yf/i�Mt�ld�yi
6
ORDINANCE NO. 88 -
activity. The leeway zone shall be revegetated with natural
indigenous dune vegetation upon completion of construction
activities and prior to the issuance of any certificate of
occupancy for the subject improvements. The applicant remains
responsible for successful reclamation of the dune vegetation
temporarily destroyed under this paragraph.
SECTION 2
AMENDMENT OF SECTION 25(X)(1), (2), (3)(f), (4), and (6),
Indian River County Code of Laws and Ordinances, Appendix
A -Zoning, Section 25 (X) (1) , (2) , (3) (f) , (4) , and (6) , Indian
River County Code of Laws and Ordinances, Appendix A -Zoning, is
hereby amended as follows:
25X. COASTAL MANAGEMENT AND SHORELINE PROTECTION.
1. 00009/ / AW / /AW40 / / Pkkkkkkkkdbb/ / /ONVOW / /41004¢all
Establishment of County Dune Stabilization Setback
Line.
The Q¢�t$f��lxl �Cbh�kkd�,hkibl�/lCY4�i1�d�dal /�G�i�, County Dune
Stabilization Setback Line, as established in MUM
#1Md Section 23}-10(a), Indian River County Code of
Laws and Ordinances, SMS¢//b'�ld�d�Wa�tli[driq//ICiia�t/9�r
441616/ is adopted by reference. No building, exca-
vation or man-made structure, except dune crossovers
or other similar minor structures as defined by the
Florida Department of Natural Resources shall be
located seaward of the¢MM¢MI/,C,6fy�,(�jt/lbfi//clddbl�ldl
Yii)i4l County Dune Stabilization Setback Line except
as provided in § 23}-10(e).
/09!&1e fivif / 4V /nrarWVVY / AkAbAhbW /Ow / Au
CODING: Words underlined .are additions; W¢tal$/$iEttd¢M/¢Mt¢iy(�M
7
ORDINANCE NO. 88-
7+�RldtX�SX¢fi'�1E7[$¢/¢¢¢1¢/,(FtYIX¢�/�YSPl/��'¢¢¢R11d�¢�/X¢�`/{�¢�l�Y.�X
2. Dune and Vegetative Disturbance Prohibited.
Except as provided for herein, or in Section 23}-10
of this code, disturbance of the natural dune or
vegetation seaward of the 0OA0 t00UOA/#.kk W-V-lde
County Dune Stabilization Setback Line is prohibited.
Any construction, excavation, removal of beach
material, or damage Of to vegetation or 0440 dune ¢A¢
seaward of the County Dune
Stabilization Setback Line, except as allowed herein,
shall be considered a violation of this Ordinance.
Nothing in this section shall be construed to pro-
hibit the undertaking of coastal erosion control
projects seaward of the¢��1!�X/tahk�Yi��Edbt�/�b�vthb/1
XXd¢l County Dune Stabilization Setback Line, when
approved by the Bureau of Beaches and Shores of the
Department of Natural Resources of the State of
Florida, and when the applicant can demonstrate to
the County that the project is in the public interest
or is necessary to protect 0OAU4AOAA real property
improvements; provided that any such coastal erosion
control project which includes beach sand renourish-
ment shall also include a program of dune system
restoration as a component of the project. Such
restoration program shall include both dune revegeta-
tion, using native and salt tolerant plant material,
and reestablishment of the dune profile.
3. Protection of Beach and Dune System.
All development along the shoreline shall comply with the
following provisions:
CODING: Words underlined are additions;
Atoloolo limn
8
o•
ORDINANCE NO. 88-
a. Beach Access. Any development along the
shoreline shall include a point of beach access
served by an elevated dune walkover structure.
Single family homes shall be exempt from this
provision. Single family subdivisions contain-
ing lots off as well as on the shoreline shall
provide an easement for beach access served by
an elevated dune walkover.
b. Stability of the Primary Dune Beach/System. No
construction that threatens the stability of the
primary beach and dune system shall be permit-
ted.
C. Shoreline Protection. No rigid shore protection
structures shall be permitted except when used
as part of a Comprehensive plan for beach
restoration and when nonstructural alternatives
are not acceptable.
d. Prohibition of Motorized Vehicles. Operation of
motorized vehicles on the primary dune and beach
system shall be prohibited except in cases of
emergency or as approved by the Florida Depart-
ment of Natural Resources, or as provided in
Section 231-10(d) of the Ordinances of Indian
River County.
e. Regulation of Beach Cleaning Activities. Beach
cleaning activities shall have their method of
operations and equipment approved by the Florida
Department of Natural Resources.
f. Protection of Sea turtles. All shoreline
development shall
t6Y1,fXa1XH�/i6XHH/diH�fi¢�1¢itHH�tH�/d�¢tH¢al�/X¢it
�b��HH¢iEX�i�/��H/f�dtfXH¢/altdtX/i�/�i��fX�i�/�¢HH¢r�l/X�i¢Xxldlf
grit/ /sl VQ(-kY:ld§J/bif//Y14JU AN/dV(1Qfj// w1A0,614
CODING: Words underlined are additions; �b¢7Eu1/$Xyl¢H/H�`¢itdgH
HtH/a1�XHHX��iH
9
ORDINANCE NO. 88-
dXAtAt)b AdI/ihb0iiu At//b/f///swal/ //A 4101
40AA041 comply with Section 25(z)of the Indian River
County Code of Laws and Ordinances.
4. Roadways. No roadway shall be allowed to cross the dt¢ii
yb¢yi�yI/yi¢/¢¢�ittxt¢i�,i¢�I/¢¢fE16�¢3El County Dune Stabilization
Setback Line, except at specific locations, to be desig-
nated by resolution of the Board of County Commissioners.
5. Parking Prohibited. Parking of automobile, boats, trail-
ers, motor homes, recreation and like vehicles is prohib-
ited within the setback area.
6. Regulations During Construction.
�¢tX tib/ /ddctdtl�lttdYYdd / / /a� / kyWal�lW / b�/ / kbkk/ / I6AttA.kt/ / t�t�i�iX�t�
IWAXX¢X/4¢/4160/0¢0A091XIgo/ ANAXI/to
d��(X df��tX�¢di/lib/k/Lb�h'//ttd /i[�td /b¢k�1S/kl�h//f/i/ifti�✓/f Y5Y/ i¢�L
000tootol/C#V/04/4-A"),4/1.//dd0*144109d/A446AMUAM/de'/011¢K
AJdAIz/*AOAtvti//,44711 ed/AA&/twervdIsiAt¢tXAXs
zt0a6//AA10040401/,tw/,ra ///ddd'/nlv:�
0,60,6$40//A¢41014V/04014/ /
X00AtIAbjhk/AA"A/W/�i(?)Hl/ddcY/ddddWNdI11A/0460XialW
01UI/bhp//11041(/A0,071/0dddt/y/Atkk//PVdWddi/dd/¢tdtAriAA0itI
All shoreline development shall comply with the leeway
zone requirement as contained in the Indian River County
Tree Protection Ordinance, Chapter 23#-10 Indian River
County Code of Laws and Ordinances.
tot A¢/i//tk//¢lb¢tAtoi/kYr/Wel /¢t/lpvQt*NIAlit //ahVVQfQWj/W,l /X6¢f
SECTION 3
CODING: Words underlined are additions; 46dstdl/$tttidilf/iMt�Yi�M
Atd;/d1�X tX�
10
ORDINANCE NO. 88- 17
UO / 04401 fiA,tlbAbY AL -4—A/, / AXjk k1j/ /fiW /alj7W4/ /a/n' I M19 itt /Of/ Y -M0
0444/4444/k"MMA74/it,(a//t/ye//rievi n"a /146*00 t
AY//s(gWj1f/i/d/Att¢1640//r/oivWs//it0//pi-,t /i/d'qd//4A//p(41r/akrJaW/AaY
460) 6l
017. Emergency provisions. During periods of emergency, such
as hurricanes or severe storms, in order to protect life
or property, provisions of this ordinance may be tempo-
rarily suspended by petition to, and approval of, the
Board of County Commissioners.
SEVERABILITY
If any section, part of a sentence, paragraph, phrase or word
of this ordinance is for any reason held to be unconstitution-
al, 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
unconstitutional, invalid or inoperative part.
SECTION 4
EFFECTIVE DATE
The provisions of this ordinance shall become effective upon
receipt from the Florida Secretary of State of official ac-
knowledgement 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 5th day of
April , 1988.
ORDINANCE NO. 88- 17
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
By i c
Don C. Sc r ock, J .
Chairman
ATTEST BY 2
Freda Wri ht, C
Q .e ,
Acknowledgement by the Department of State of the State of
Florida, this 11th day of April , 1988•
Effective Date: Acknowledgement from the Department of State
received on this 15th day of Apri 1 , 1988, at
10:00 A.M./P.M. and filed in the office of the Clerk of the
Board of minty Commissioners of Indian River County, Florida.
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
��.� �
liam Collins
Assistant County Attorney
APPROVED AS TO PLANNING MATTERS
Ro ert M. Ceatin A
Planning & Develo me Director
ORDINANCE NO. 88-17
ORDII