Ordinance 12-02 – Approved

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[ Code of Ordinances ]
Ordinance 12-02 – Approved

ORDINANCE NO. 12-02

AN ORDINANCE OF THE TOWN OF INDIALANTIC, BREVARD COUNTY FLORIDA, RELATING TO BUILDING REGULATIONS; AMENDING CHAPTER 6 AND CHAPTER 17 BY ADOPTING THE CURRENT FLORIDA BUILDING CODE, THE FLORIDA PLUMBING CODE, THE FLORIDA MECHANICAL CODE AND THE FLORIDA FUEL GAS CODE; PROVIDING A SEVERABILITY/ INTERPRETATION CLAUSE; PROVIDING FOR THE REPEAL OF CERTAIN INCONSISTENT ORDINANCES AND RESOLUTIONS; AND PROVIDING AN EFFECTIVE DATE.

WHEREAS, the Florida Building Code was enacted by the Florida legislature; and

WHEREAS, the Florida Building Code affects the Town of Indialantic; and

WHEREAS, the Indialantic Town Code references the Standard Building Code which no longer applies in the Town; and

WHEREAS, the Town Code needs to be reflective of the building code that is effective; and

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 ENACTED BY THE TOWN COUNCIL OF THE TOWN OF INDIALANTIC, FLORIDA:

SECTION 1. That Sec. 6-8 of the Town code of the Town of Indialantic, Florida, is hereby amended to read as follows:

Sec. 6 8. License Business tax receipt prerequisite to permit.

No person who is required to have an occupational license a business tax receipt pursuant to Chapter 9 of this Code shall be issued a permit required by this chapter unless he is the holder of a valid, current occupational license business tax receipt issued in accordance with said chapter.

SECTION 2. That Sec. 6-13 of the Town code of the Town of Indialantic, Florida, is hereby amended to read as follows:

Sec. 6 13. Fee for additional inspections.

Every additional inspection or reinspection shall require an additional fee of ten dollars ($10.00) as set forth in the Resolution authorized by Sec. 6-11 and payable before such inspection or reinspection.

SECTION 3. That Sec. 6-27 of the Town code of the Town of Indialantic, Florida, is hereby amended to read as follows:

Sec. 6 27. Standard Florida Building Code adopted.

(a) Standard Florida Building Code adopted. There is hereby adopted by reference and incorporated herein as fully and completely as though set out at length the Standard current Florida Building Code as promulgated by the Southern Building Code Congress International, Inc., being the 1997 edition adopted by the Florida Legislature. The Standard Florida Building Code is specifically to be construed as being cumulative with all existing federal, state, applicable county, and town laws, ordinances and regulations now existing or hereafter adopted, or as amended from time to time. The Standard Florida Building Code shall not be construed as an authorization for any construction, which is now or hereafter prohibited by federal, state, applicable county, or other town laws, ordinances, or regulations.
(b) Repealed.
(c) Deletions from the Standard Building Code, 1997 edition. The following provisions of the Standard Building Code, 1997 edition, are not adopted and are specifically deleted:
(1) Chapter 11, Accessibility for People with Physical Disabilities;
(2) Repealed.
(3)The following appendices of the 1997 edition of the Standard Building Code are specifically deleted: Appendices A, B, C, E, and F and
(4) Section 2405.2.1.6 relating to safety glazing near swimming pools.
(d) The following appendices of the 1997 edition of the Standard Building Code are hereby adopted for use within the town: Appendices D, G, H and I.

SECTION 4. That Sec. 6-28 of the Town code of the Town of Indialantic, Florida, is hereby repealed.

Sec. 6 28. Amendments to standard building code.

The Standard Building Code, 1997 edition, as adopted in section 6-27, is hereby amended as follows:

104.7.4 Schedule of Permit Fees.
On all buildings, structures, electrical, plumbing, mechanical and gas systems or alterations requiring a permit, a fee for each permit shall be paid as required at the time of filing an application, in accordance with the schedule established by the applicable governing authority.

108.1 Appointment
The Board of Adjustment, as created pursuant to section 17-46, town code, shall serve as the construction board of adjustment and appeals, and every reference in this Standard Building Code to the construction board of adjustment and appeals shall be construed to be a reference to the town board of adjustment.

Section 108.2 is hereby deleted, and the provisions of sections 17-46 through 17-51, town code, relating to the board of adjustment shall prevail.

108.3 Powers
The Board of Adjustment shall have the power, as further defined in 108.4, to hear appeals of decisions and interpretations of the building official and to consider variances of the technical codes.

SECTION 5. That Sec. 6-29 of the Town code of the Town of Indialantic, Florida, is hereby repealed.

Sec. 6 29. Energy efficiency standards conservation appendix to code adopted.

The town hereby adopts as fully and completely as though set out at length herein, that certain published code known as the State of Florida Energy Efficiency Code for Building Construction, 1997 edition as published by the State of Florida Department of Community Affairs. The provisions thereof for all new and renovated buildings, except as exempted by law or by rule promulgated by the Florida Department of Community Affairs, shall be controlling within the town.

SECTION 6. That Sec. 6-30 of the Town code of the Town of Indialantic, Florida, is hereby amended to read as follows:

Sec. 6 30. Indialantic Coastal Construction Code of 1987.

(a) [Generally:] The provisions contained herein shall constitute the Indialantic Coastal Construction Code of 1987 hereinafter referred to as the coastal code and shall apply to all applicable construction within the town that is within the coastal building zone except as exempted hereby. This code is to be construed as being cumulative with the Standard Florida Building Code adopted hereinabove and in cases of conflict, the stricter provision shall apply. No provisions hereof shall be construed to permit any construction in any area prohibited by city, county, state or federal ordinance, statute, rule or regulation.
* * * * * *
(h) Coastal construction requirements.
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(2) Structural requirements for major structures:

a. Design and construction: Major structures, except for mobile homes, shall be designed and constructed in accordance with section 1205 of the 1986 Revisions to the 1985 Standard Building Code using a fastest mile wind velocity of one hundred ten (110) miles per hour the Florida Building Code. Major structures, except mobile homes, shall also comply with the applicable standards for construction found elsewhere in section 1205 of the 1986 Revisions to the 1985 Standard the Florida Building Code.

b. Mobile homes: Mobile homes shall conform to the Federal Mobile Home Construction and Safety Standards or the Uniform Standards Code ANSI A119.1, pursuant to Section 320.823, Florida Statutes, as well as the requirements of Subsection 7(b)(3).

(3) Design conditions:

a. Velocity pressure: Major structures, except mobile homes, shall be designed in accordance with the requirements of section 1205 of the 1986 Revisions to the 1985 Standard the Florida Building Code. using a minimum fastest mile wind velocity of one hundred ten (110). These minimum design pressures are as follows:

Table 1205.2A
Velocity Pressure (psf)
Building Height 60 Feet or Less

Fastest Mile
Mean Roof Wind Velocity, V (mph)
Height (ft) 110

1-15 25
20 28
40 34
60 38

Table 1205.3A
Gust Velocity Pressure (psf)
Building Height Greater Than 60 Feet

Fastest Mile Wind Velocity, V (mph)
Coastal Exposure
Height (ft) 110

0—30 35
31–50 40
51–100 47
101–200 54
201–300 61
301–400 66
401–500 70

(4) Structural requirements for nonhabitable major structures:

a. Nonhabitable major structures need not meet the specific structural requirements of section (h)(2)c b. except that they shall be designed to produce the minimum adverse impact on the beach and dune system and shall comply with the applicable standards of construction found in Section 1205 of the 1986 Revisions to the 1985 Standard the Florida Building Code. All sewage treatment and public water supply systems shall be flood proofed to prevent infiltration of surface water anticipated under design storm conditions. Underground utilities, excluding pad transformers and vaults, shall be floodproofed to prevent infiltration of surface water expected under design storm conditions or shall otherwise be designed to function when submerged under such storm conditions.

(5) Structural requirements for minor structures: Minor structures need not meet the specific structural requirements of section (h)(2), except that they shall be designed to produce the minimum adverse impact on the beach and dune system and shall comply with the applicable standards of construction found in Section 1205 of the 1986 Revisions to the 1985 Standard the Florida Building Code.

SECTION 7. That Sec. 6-33 of the Town code of the Town of Indialantic, Florida, is hereby amended to read as follows:

Sec. 6 33. Enforcement of the minimum building code.

(a) Definitions. As used in this section, the term:

(1) Board means the board of building codes and standards created by Florida Statutes Chapter 553, Part VI.

(2) Enforcing agency means the Town of Indialantic.

(3) State minimum building code means the Standard Florida Building Code and appendices thereto referenced in Section 6-27 of this code.

SECTION 8. That Sec. 6-62 of the Town code of the Town of Indialantic, Florida, is hereby amended to read as follows:

Sec. 6 62. Code adopted.

(a) There is hereby adopted by reference as fully and completely as though set out at length that certain code known as the most recently adopted National Electrical Code, 1990, (1990 Edition) NFPA No. 70 1990 promulgated by the National Fire Protection Association, as fully and with the same effect as though set out at length herein. Whenever there shall be a conflict between the provisions of the electrical code adopted by this section, and the provisions of this article, the provisions of this article shall be controlling. The National Electrical Code is specifically to be construed as being cumulative with all existing federal, state, applicable county, and town laws, ordinances and regulations now existing or hereafter adopted, or as amended from time to time. The National Electrical Code shall not be construed as an authorization for any construction which is now or hereafter prohibited by federal, state, applicable county, or other town laws, ordinances, or regulations.

SECTION 9. That Sec. 6-74 of the Town code of the Town of Indialantic, Florida, is hereby amended to read as follows:

Sec. 6 74. Standard Plumbing Code adopted. Florida Building Code. Plumbing

(a) There is hereby adopted by reference and incorporated herein as fully and completely as though set out at length, the Standard Plumbing Florida Building Code, as promulgated by the Southern Building Code Congress International Inc., being the 1994 edition adopted by the Florida Legislature. The Standard. Plumbing Code Florida Building Code, Plumbing Code Council, Inc is specifically to be construed as being cumulative with all existing federal, state, applicable county, and town laws, ordinances and regulations now existing or hereafter adopted, or amended from time to time. The Standard Plumbing Code Florida Building Code, Plumbing shall not be construed as an authorization for any construction, which is now or hereafter prohibited by federal, state, applicable county, or other town laws, ordinances, or regulations.

(b) The following appendices of the 1994 edition of the Standard Plumbing Code are hereby adopted: Appendices A, B, C, D. F, and I. The following appendices of the 1994 edition of the Standard Plumbing Code are hereby specifically deleted: Appendices E, G, H, and J.

(c) The Standard Plumbing Code, 1994 edition, as adopted above, is hereby amended as follows:

104.7.4 Schedule of Permit Fees.
On all buildings, structures, electrical, plumbing, mechanical and gas systems or alterations requiring a permit, a fee for each permit shall be paid as required at the time of filing an application, in accordance with the schedule established by the applicable governing authority.

108.1 Appointment
The Board of Adjustment, as created pursuant to section 17-46, town code, shall serve as the construction board of adjustment and appeals, and every reference in this Standard Building Code to the construction board of adjustment and appeals shall be construed to be a reference to the town board of adjustment.

Section 108.2 is hereby deleted, and the provisions of sections 17-46 through 17-51, town code, relating to the board of adjustment shall prevail.

108.3 Powers
The Board of Adjustment shall have the power, as further defined in 108.4, to hear appeals of decisions and interpretations of the building official and to consider variances of the technical codes.

108.4 Appeals

108.4.1 Decision of the Building Official. The owner of a building, structure or service system, or his duly authorized agent, may appeal a decision of the building official to the Board of Adjustment whenever any one of the following conditions are claimed to exist:

1. The building official rejected or refused to approve the mode or manner of construction proposed to be followed or materials to be used in the installation or alteration of a building, structure or service system.

2. The provisions of this code do not apply to this specific use.

3. That an equally good or more desirable form of installation can be employed in any specific case.

4. The true intent and meaning of this code or any of the regulations hereunder have been misconstrued or incorrectly interpreted.

108.4.2 Variances. The Board of Adjustment, when so appealed to and after a hearing, may vary the application of any provision of this code to any particular case when in its opinion, the enforcement thereof would do manifest injustice and would be contrary to the spirit and purpose of this code or the technical codes of the public interest, and also finds the following:

1. That special conditions and circumstances exist which are peculiar to the building, structure or service system involved and which are not applicable to others.

2. That the special conditions and circumstances do not result from the action or inaction of the applicant.

3. That granting the variance requested will not confer on the applicant any special privilege that is denied by this code to other buildings, structures or service system.

4. That the variance granted is the minimum variance that will make possible the reasonable use of the building, structure or service system.

5. That the grant of the variance will be in harmony with the general intent and purpose of this code and will not be detrimental to the public health, safety and general welfare.

108.5.1 Rules and Regulations. The board shall establish rules and regulations for its own procedure not inconsistent with the provisions of this code. The board shall meet on the call of the chairman. The board shall meet within 30 calendar days after a notice of appeal has been received. All hearings and appeals before the board are de novo.

108.5.2 Decisions. The Board of Adjustment shall, in every case, reach a decision without unreasonable or unnecessary delay. Each decision of the board shall also include the reasons for the decision. If a decision of the board reverses or modifies a refusal, order, or disallowance of the building official or varies the application of any provision of this code, the building official shall immediately take action in accordance with such decision, unless the decision shall be subject to appellate review and stayed. Every decision shall be promptly filed in writing in the office of the building official and shall be open to public inspection. The date that the decision is filed in the records of the clerk to the board of adjustment shall be recorded on the final written decision of the board. A certified copy of the decision shall be sent by mail or otherwise to the appellant and the applicant for a variance, and a copy shall be kept publicly posted in the office of the building official for two weeks after filing. Every decision of the board shall be final, subject however to such remedy as any aggrieved party might have at law or in equity.

SECTION 10. That Sec. 6-90 of the Town code of the Town of Indialantic, Florida, is hereby amended to read as follows:

Sec. 6 90. Standard Gas Code adopted. Florida Building Code, Fuel Gas

(a) Standard Gas Code adopted. Florida Building Code, Fuel Gas The town hereby adopts as fully and completely as though set out at length herein that certain published code known as the Standard Gas Code, 1997 edition current Florida Building Code, Fuel Gas , as adopted by the Florida legislature. promulgated by the Southern Building Code Congress International. The Standard Gas Code Florida Building Code, Fuel Gas is specifically to be construed as being cumulative with all existing federal, state, applicable county, and town laws, ordinances and regulations now existing or hereafter adopted, or as amended from time to time. The Standard Plumbing Code Florida Building Code, Fuel Gas shall not be construed as an authorization for any construction, which is now or hereafter prohibited by federal, state, applicable county, or other town laws, ordinances, or regulations. In the event of any inconsistency between said code and this chapter, this chapter shall prevail.

(b) Standard Gas Code appendices adopted. The following appendices of the 1997 edition of the Standard Gas Code are hereby adopted for use within the town: Appendices A, D and E. The following appendices of the 1997 edition of the Standard Gas Code are hereby specifically deleted: Appendices B and C.

(c) Local amendments to Standard Gas Code. The Standard Gas Code, 1997 edition, as adopted above, is hereby amended as follows:

104.7.4 Schedule of Permit Fees.
On all buildings, structures, electrical, plumbing, mechanical and gas systems or alterations requiring a permit, a fee for each permit shall be paid as required at the time of filing an application, in accordance with the schedule established by the applicable governing authority.

108.1 Appointment
The Board of Adjustment, as created pursuant to section 17-46, town code, shall serve as the construction board of adjustment and appeals, and every reference in this Standard Building Code to the construction board of adjustment and appeals shall be construed to be a reference to the town board of adjustment.
Section 108.2 is hereby deleted, and the provisions of sections 17-46 through 17-51, town code, relating to the board of adjustment shall prevail.

108.3 Powers
The Board of Adjustment shall have the power, as further defined in 108.4, to hear appeals of decisions and interpretations of the building official and to consider variances of the technical codes.

108.4 Appeals

108.4.1 Decision of the Building Official. The owner of a building, structure or service system, or his duly authorized agent, may appeal a decision of the building official to the Board of Adjustment whenever any one of the following conditions are claimed to exist:

1. The building official rejected or refused to approve the mode or manner of construction proposed to be followed or materials to be used in the installation or alteration of a building, structure or service system.

2. The provisions of this code do not apply to this specific use.

3. That an equally good or more desirable form of installation can be employed in any specific case.

4. The true intent and meaning of this code or any of the regulations hereunder have been misconstrued or incorrectly interpreted.

108.4.2 Variances. The Board of Adjustment, when so appealed to and after a hearing, may vary the application of any provision of this code to any particular case when in its opinion, the enforcement thereof would do manifest injustice and would be contrary to the spirit and purpose of this code or the technical codes of the public interest, and also finds the following:

1. That special conditions and circumstances exist which are peculiar to the building, structure or service system involved and which are not applicable to others.

2. That the special conditions and circumstances do not result from the action or inaction of the applicant.

3. That granting the variance requested will not confer on the applicant any special privilege that is denied by this code to other buildings, structures or service system.

4. That the variance granted is the minimum variance that will make possible the reasonable use of the building, structure or service system.

5. That the grant of the variance will be in harmony with the general intent and purpose of this code and will not be detrimental to the public health, safety and general welfare.

108.5.1 Rules and Regulations. The board shall establish rules and regulations for its own procedure not inconsistent with the provisions of this code. The board shall meet on the call of the chairman. The board shall meet within 30 calendar days after a notice of appeal has been received. All hearings and appeals before the board are de novo.

108.5.2 Decisions. The Board of Adjustment shall, in every case, reach a decision without unreasonable or unnecessary delay. Each decision of the board shall also include the reasons for the decision. If a decision of the board reverses or modifies a refusal, order, or disallowance of the building official or varies the application of any provision of this code, the building official shall immediately take action in accordance with such decision, unless the decision shall be subject to appellate review and stayed. Every decision shall be promptly filed in writing in the office of the building official and shall be open to public inspection. The date that the decision is filed in the records of the clerk to the board of adjustment shall be recorded on the final written decision of the board. A certified copy of the decision shall be sent by mail or otherwise to the appellant and the applicant for a variance, and a copy shall be kept publicly posted in the office of the building official for two weeks after filing. Every decision of the board shall be final, subject however to such remedy as any aggrieved party might have at law or in equity.

SECTION 11. That Sec. 6-102 of the Town code of the Town of Indialantic, Florida, is hereby amended to read as follows:

Sec. 6-102. Standard Mechanical Code adopted. Florida Building Code, Mechanical

(a) Standard Mechanical Code adopted. Florida Building Code, Mechanical. There is hereby adopted by reference and incorporated herein as fully and completely as though set out at length, the Standard Mechanical Code, Florida Building Code, Mechanical, as promulgated by the Southern Building Code Congress International, Inc., being the 1997 edition adoptede by the Florida Legislature. The Standard Mechanical Code Florida Building Code, Mechanical is specifically to be construed as being cumulative with all existing federal, state, applicable county, and town laws, ordinances and regulations now existing or hereafter adopted, or as amended from time to time. The Standard Mechanical Code Florida Building Code, Mechanical shall not be construed as an authorization for any construction, which is now or hereafter prohibited by federal, state, applicable county, or other town laws, ordinances, or regulations.

(b) Standard Mechanical Code appendices adopted. The following appendices of the 1997 edition of the Standard Mechanical Code are hereby adopted for use within the town: Appendices A and C. The following appendix of the 1997 edition of the Standard Mechanical Code is hereby specifically deleted: Appendix B.

(c) Local amendments to Standard Mechanical Code. The Standard Mechanical Code, 1997edition, as adopted above, is hereby amended as follows:

104.7.4 Schedule of Permit Fees.
On all buildings, structures, electrical, plumbing, mechanical and gas systems or alterations requiring a permit, a fee for each permit shall be paid as required at the time of filing an application, in accordance with the schedule established by the applicable governing authority.

108.1 Appointment
The Board of Adjustment, as created pursuant to section 17-46, town code, shall serve as the construction board of adjustment and appeals, and every reference in this Standard Mechanical Code to the construction board of adjustment and appeals shall be construed to be a reference to the town board of adjustment.

Section 108.2 is hereby deleted, and the provisions of sections 17-46 through 17-51, town code, relating to the board of adjustment shall prevail.

108.3 Powers
The Board of Adjustment shall have the power, as further defined in 108.4, to hear appeals of decisions and interpretations of the building official and to consider variances of the technical codes.

108.4 Appeals

108.4.1 Decision of the Building Official. The owner of a building, structure or service system, or his duly authorized agent, may appeal a decision of the building official to the Board of Adjustment whenever any one of the following conditions are claimed to exist:

1. The building official rejected or refused to approve the mode or manner of construction proposed to be followed or materials to be used in the installation or alteration of a building, structure or service system.

2. The provisions of this code do not apply to this specific use.

3. That an equally good or more desirable form of installation can be employed in any specific case.

4. The true intent and meaning of this code or any of the regulations hereunder have been misconstrued or incorrectly interpreted.

108.4.2 Variances. The Board of Adjustment, when so appealed to and after a hearing, may vary the application of any provision of this code to any particular case when in its opinion, the enforcement thereof would do manifest injustice and would be contrary to the spirit and purpose of this code or the technical codes of the public interest, and also finds the following:

1. That special conditions and circumstances exist which are peculiar to the building, structure or service system involved and which are not applicable to others.

2. That the special conditions and circumstances do not result from the action or inaction of the applicant.

3. That granting the variance requested will not confer on the applicant any special privilege that is denied by this code to other buildings, structures or service system.

4. That the variance granted is the minimum variance that will make possible the reasonable use of the building, structure or service system.

5. That the grant of the variance will be in harmony with the general intent and purpose of this code and will not be detrimental to the public health, safety and general welfare.

SECTION 12. That Sec. 6-103 of the Town code of the Town of Indialantic, Florida, is hereby amended to read as follows:

Sec. 6 l03. Definitions for purposes of code.

Wherever in the Standard Mechanical Code Florida Building Code, Mechanical adopted hereby reference is made to the “mechanical inspection department” or the “mechanical official,” it shall be construed to mean the building inspection department and the building official, respectively.

SECTION 13. That Sec. 17-4 of the Town code of the Town of Indialantic, Florida, is hereby amended to read as follows:

Sec. 17 4. Definitions.

As used in this chapter, the following words and phrases shall have the meanings indicated:
* * * * * *
(33) Height, building. The height of a structure shall be determined by the vertical dimension measured from the lowest, minimum permitted finished floor elevation, as determined by applying the Standard Florida Building Code as adopted in Section 6-27, town code, and the provisions of Sections 6-152 and 17-92 of the town code, to the highest point of the roof. Chimneys, air conditioning equipment, ventilators, and elevator shaft extensions shall be excluded in the measurement of building height; however, these exclusions shall not exceed the minimum height established by the Standard Florida Building Code.

SECTION 14. That Sec. 17-50 of the Town code of the Town of Indialantic, Florida, is hereby amended to read as follows:

Sec. 17 50. Powers and duties.

The board of adjustment shall have the following powers and duties:

(1) As otherwise provided in this chapter, chapter 6 of the town code, and any of the minimum building codes adopted in chapter 6, including but not limited to the Standard Florida Building Code, Standard Florida Building Code, Plumbing Code, Standard Gas Code Florida Building Code, Fuel Gas and Standard Mechanical Code. Florida Building Code, Mechanical

(2) To grant variances and exceptions, under the provisions of this chapter, chapter 6 of the town code, and any of the minimum building codes adopted in chapter 6, including but not limited to the Standard Florida Building Code, Standard Florida Building Code, Plumbing Code, Standard Gas Code Florida Building Code, Fuel Gas and Standard Mechanical Code. Florida Building Code, Mechanical

(3) To hear and decide appeals from final decisions of the building official as provided in chapter 6 and any of the minimum building codes adopted in chapter 6, including but not limited to the Standard Florida Building Code, Standard Florida Building Code, Plumbing Code, Standard Gas Code Florida Building Code, Fuel Gas and Standard Mechanical Code. Florida Building Code, Mechanical.

SECTION 15. That Sec. 17-51 of the Town code of the Town of Indialantic, Florida, is hereby amended to read as follows:

Sec. 17 51. Appeals to.

(a) Appeals from the final decisions of the building official (other than appeals from decisions made pursuant to the Standard Florida Building Code, Standard Florida Building Code, Plumbing Code, Standard Gas Code Florida Building Code, Fuel Gas and Standard Mechanical Code. Florida Building Code, Mechanical, or the zoning and planning board may be taken to the board of adjustment, provided the appeal is filed with the town clerk in writing within ten (10) days of the building official’s or the zoning board’s decisions, under the following conditions:

(b) Appeals from final decisions of the building official pursuant to the Standard Florida Building Code, Standard Florida Building Code, Plumbing Code, Standard Gas Code Florida Building Code, Fuel Gas and Standard Mechanical Code. Florida Building Code, Mechanical shall be made as set forth in the aforesaid minimum standard code, as modified in chapter 6, town code.

SECTION 16. That Sec. 17-111 of the Town code of the Town of Indialantic, Florida, is hereby amended to read as follows:

Sec. 17 111. Satellite dish antennas.
* * * * * *
(12) If the antenna is roof-mounted, it must conform to applicable construction standards contained in the Standard Florida Building Code. Building plans with construction and erection methods shall be approved by a registered professional structural engineer. Final approval of a building application for a transmit dish antenna system is contingent upon receipt of any necessary Federal Communication Commission frequency plan and approvals.

SECTION 17. 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 18. 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 19. 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 October, 2011, and ADOPTED by the Town Council of the Town of Indialantic, Florida on final reading on the ____ day of November, 2011.

TOWN OF INDIALANTIC

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