Ordinance 11-08 – Approved

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[ Code of Ordinances ]
Ordinance 11-08 – Approved

ORDINANCE NO. 11-08

AN ORDINANCE OF THE TOWN OF INDIALANTIC, BREVARD COUNTY, FLORIDA, RELATING TO ZONING; AMENDING SECTION 17-100 – PRIVATE DRIVEWAYS IN RESIDENCE DISTRICTS; PROVIDING A SEVERABILITY/ INTERPRETATION CLAUSE; PROVIDING FOR THE REPEAL OF CERTAIN INCONSISTENT ORDINANCES AND RESOLUTIONS; AND PROVIDING FOR AN EFFECTIVE DATE.

WHEREAS, it is desired that residential portions of the Town be attractive; and

WHEREAS, the Town currently regulates the installation of driveways for residences; and

WHEREAS, the residential driveway should not stop short of the paved portion of a street;

WHEREAS, the Zoning and Planning Board, sitting as both the Zoning and Planning Board and the Local Planning Agency (LPA), has found this Ordinance to be consistent with the Town’s adopted Comprehensive Plan, and in particular, Policy 1.1, Objective 1, Future Land Use Element of the Plan; and

WHEREAS, the Town Council adopts the LPA’s findings as its own.

NOW, THEREFORE, be it ordained by the Town Council of the Town of Indialantic, Brevard County, Florida that:

SECTION 1. That Sec. 17-100 is hereby amended to read:

Sec. 17-100. Private driveways in residence districts

A private driveway, at least eight (8) feet wide, graded and surfaced, shall be provided for each garage or carport within a residence district, extending from such garage or carport to the paved portion of the street used by motor vehicles. The requirement that the driveway shall be paved to the portion of the street used by motor vehicles shall only be applicable to newly constructed driveways or driveways repaved or reconstructed after April 19, 2011.

SECTION 2. Severability/Interpretation Clause.

(a) In the event that any term, provision, clause, sentence or section of this Ordinance shall be held by a court of competent jurisdiction to be partially or wholly unenforceable or invalid for any reason whatsoever, any such invalidity, illegality, or unenforceability shall not affect any of the other or remaining terms, provisions, clauses, sentences, or sections of this Ordinance, and this Ordinance shall be read and/or applied as if the invalid, illegal, or unenforceable term, provision, clause, sentence, or section did not exist.

(b) In interpreting the provisions of this Ordinance, the following rules and symbols shall apply:
(1) Words underlined are additions to existing text.
(2) Words stricken through and deletions from existing text.
(3) Asterisks (* * *) indicate a deletion from the Ordinance of text existing in the Code of Ordinances. It is intended that the text in the Code of Ordinances denoted by the asterisks and not set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance.

SECTION 3. Ordinances and Resolutions in Conflict. All ordinances or resolutions or parts thereof that may be determined to be in conflict herewith are hereby repealed.

SECTION 4. Effective Date. This Ordinance shall become effective upon adoption of this Ordinance by the Town Council.

PASSED by the Town Council of the Town of Indialantic on first reading on the ____ day of March, 2011, and ADOPTED by the Town Council of the Town of Indialantic, Florida on final reading on the ____ day of April, 2011.

TOWN OF INDIALANTIC

__________________________
David Berkman
Mayor
ATTEST: __________________________
Laura Eaton, CMC (TOWN SEAL)
Town Clerk