The provisions of section 62-1102, as amended, are hereby adopted and incorporated in this article by reference.

(Code 1979, § 14-120)

Cross reference— Definitions generally, § 1-2.

It shall be unlawful for any person to violate the provisions of this article, or to use any land, structure or building in violation of any provision of this article. Any person found guilty of violating this article shall be deemed guilty of an offense, and shall be punished by a fine not exceeding $500.00 or by imprisonment in the county jail for a period not to exceed 60 days, or by both such fine and imprisonment.

(Code 1979, § 14-121)

State Law reference— Penalties for ordinance violations, F.S. § 125.69.

If any building or structure is erected, constructed, altered, repaired or maintained, or any building, structure or land is used in violation of the provisions of this article or any amendment to this article, the proper authorities of the county, in addition to the remedies provided for in this article, may institute any appropriate action or proceeding to prevent such violations in a court of competent jurisdiction.

(Code 1979, § 14-122)

If any section, paragraph, subdivision, clause, sentence or provision of this article shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, invalidate or nullify the remainder of this article, but in effect thereof shall be confined to the section, paragraph, subdivision, clause, sentence or provision immediately involved in the controversy in which such judgment or decree shall be rendered.

(Code 1979, § 14-123)

The regulations and conditions set out in this article shall apply to any islands or portions thereof which have been platted prior to the effective date of the ordinance from which this article is derived, and shall specifically apply to that portion of Grant Island platted as Vacation Island Playground.

(Code 1979, § 14-114)

The provisions of divisions 4 and 5 of article II of this chapter are hereby adopted and incorporated in this article by reference, and the landowners subject to this article shall be entitled to the right to appeal to the board of adjustment as provided in such sections in order to obtain a variance from the regulations of this article.

(Code 1979, § 14-119)

For the purposes of this article, the provisions on nonconforming uses found in article VI, division 2, subdivision II, of this chapter are adopted in their entirety, with the exception of sections 62-1186, 62-1187 and 62-1188, which are inapplicable to this article.

(Code 1979, § 14-118)

The county health department is hereby authorized to establish conditions for sampling in and around platted and unplatted islands which are designated as class III waters by the state department of environmental regulation. The county health department is authorized to determine and adopt chemical and biological standards as minimum requirements for property lying within class III waters.

(Code 1979, § 14-125)

The county health department shall establish conditions for sampling in and around the subject island which is a shellfish harvesting area designated as body F by the state. The sampling shall be done on at least a monthly basis. Provided the approved shellfish area known as body F is open and meets the water quality requirements of the state, the following bacteriological standards are hereby established as the minimum requirements for the subject property: The median coliform bacteria count, MPN (most probable number), in the Indian River shall not exceed 43 per 100 milliliters, and not more than ten percent of the samples shall exceed a most probable number of 150 per 100 milliliters. If the samples taken by the county health department exceed the standards set out in this section for a period of six consecutive months, there shall be no further construction or development of any type on the property unless and until a satisfactory waste treatment facility is constructed for the platted portion of the island.

(Code 1979, § 14-115)

At such time that there is development of an island which is located in a shellfish harvesting area designated as body F by the state, the county health department shall establish conditions for sampling in and around such island or islands. Once it is determined by the county health department or the board of county commissioners that the development of an island warrants such sampling, then the sampling shall be done on at least a monthly basis. Provided the approved shellfish area known as body F is open and meets the water quality requirements of the state, the following bacteriological standards are hereby established as the minimum requirements for the subject property: The median coliform bacteria count, MPN (most probable number) in the Indian River shall not exceed 43 per 100 milliliters, and not more than ten percent of the samples shall exceed a most probable number of 150 per 100 milliliters. If the samples taken by the county health department exceed the standards set out in this section for a period of six consecutive months, there shall be no further construction or development of any type on the property unless and until a satisfactory waste treatment facility is constructed for the platted portion of the island.

(Code 1979, § 14-117)

(1)

Permitted uses. Permitted uses are as follows:

a.

Single-family unit or cottage.

b.

On-site sewage treatment and disposal systems.

c.

Parks.

(2)

Accessory uses. Accessory uses are as follows:

a.

Private docks.

b.

Utility shed not to exceed 100 square feet.

c.

Screened porch not to exceed 200 square feet.

(3)

Conditional uses. There are no conditional uses permitted.

(4)

Setbacks.

a.

Structures shall be set back not less than 50 feet from the mean high-water line.

b.

Structures shall be set back not less than five feet from side lot lines, and not less than 20 feet from the rear lot line. For those properties which abut on the Indian River, the front shall be deemed that part of the lot which fronts on the Indian River. For those lots which do not abut on the canal running through the middle of that portion of the island which is platted, the front setback shall commence with the canal. For those properties which do not abut on the Indian River, the structure shall be set back not less than 20 feet from the front lot line and not less than five feet from the side lots lines and not less than 20 feet from the rear lot line.

c.

Accessory buildings shall be located to the rear of the principal building and no closer than five feet to the rear and side lot lines. Such setback spacing shall not be covered or connected to the principal structure.

(6)

Maximum height. The maximum height of structures, towers or antennas shall be 35 feet.

(7)

Signs.

a.

Real estate signs such as "for sale" and "for rent" signs shall not exceed six square feet in size.

b.

Temporary signs for construction shall be permitted during construction only and shall not exceed 16 square feet in size. No other signs shall be permitted on the property.

(8)

Paving. There shall be no asphalt paving or concrete of any type on this property except for the foundation of the principal and accessory structures. There shall be no asphalt paving or concrete for walkways and driveways. It shall be unlawful to pave a lot, alley or easement on the subject property.

(9)

Reserved.

(10)

Canals. The construction of a navigable canal is prohibited. The enlargement, extension or widening of an existing canal is prohibited.

(Code 1979, § 14-114; Ord. No. 03-44, § 1, 8-26-03)

Prior to development or construction on any property located on an island covered by this article, the property owner must submit drainage plans to the county for review and approval prior to the issuance of a building permit for any lot, tract, parcel located on the island. Each lot, parcel or tract which is located on an island covered by this article must develop the property so as to retain a minimum of two inches of stormwater runoff on the site.

(Code 1979, § 14-126; Ord. No. 03-44, § 2, 8-26-03)