Ord. 12-07 – Approved

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[ Code of Ordinances, Pending Resolutions and Ordinances ]
Ord. 12-07 – Approved

ORDINANCE NO. 12-07

AN ORDINANCE OF THE TOWN OF INDIALANTIC, BREVARD COUNTY FLORIDA, AMENDING SECTION 17-4(51) – PRINCIPAL BUILDING DEFINITION; PROVIDING A SEVERABILITY/INTERPRETATION CLAUSE; PROVIDING FOR THE REPEAL OF CERTAIN INCONSISTENT ORDINANCES AND RESOLUTIONS; AND PROVIDING AN EFFECTIVE DATE.

WHEREAS, the Town Council desires to maintain attractive residential areas; and

WHEREAS, standards imposed to ensure attractive residential areas should be easily understood; and

WHEREAS, there currently exists some uncertainty within the community as to the relationship between a principal building and a carport, shed, covered walkway or garage; 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. 17-4(51) of the Town code of the Town of Indialantic, Florida, is hereby amended to read as follows:

Sec. 17-4 (51) Principal building. A building in which is conducted the principal use of the lot on which it is situated. In a residential district any dwelling shall be deemed the principal building on the lot on which the same is situated. An attached carport, shed, garage or any other structure with one or more walls or a part of one wall being a part of the principal building and structurally dependent totally or in part, on the principal building, or a covered walkway that could be open sided that is structurally attached to the principal building and a carport, shed, or garage and that meets the wind loading, wind borne debris, wind speed, wind resistance and other wind-related requirements of law, the Florida Building Code or the town code shall be deemed part of the principal building,. but However, a detached and structurally independent carport, garage, covered walkway or other structure shall be deemed an accessory building.

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, 2012, and ADOPTED by the Town Council of the Town of Indialantic, Florida on final reading on the ____ day of April, 2012.

TOWN OF INDIALANTIC

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