Ordinance 13-08 – Approved

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[ Code of Ordinances ]
Ordinance 13-08 – Approved

ORDINANCE NO. 13-08

AN ORDINANCE OF THE TOWN OF INDIALANTIC, BREVARD COUNTY, FLORIDA RELATING TO SECTION 17-132 – OUTDOOR CAFES; REMOVING THE “SUNSET PROVISION” FOR SEC. 17-132(6)(b) AND 17-132(6)(b)(1); PROVIDING A SEVERABILITY/ INTERPRETATION CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.

WHEREAS, the Zoning and Planning Board has expressed an interest in improving business opportunities within the Town’s business district; and

WHEREAS, outdoor cafes are permitted within the “C” and “C-1” districts, and

WHEREAS, certain provisions of the current ordinance are considered to be restrictive; and

WHEREAS, holidays sometimes occur mid-week for which outdoor café operating hours are restricted; and

WHEREAS, Ordinance 03-12 previously extended the hours of operation of outdoor cafes under certain conditions with a “sunset provision” of December 31, 2004; and

WHEREAS, Ordinance 05-01 previously extended the hours of operation of outdoor cafes under certain conditions with a “sunset provision” of April 30, 2005; and

WHEREAS, Ordinance 05-09 amended the hours of operation of outdoor cafes and extended the “sunset provision” until April 30, 2006; and

WHEREAS, Ordinance 06-07 extended the “sunset provision” until April 30, 2007; and

WHEREAS, Ordinance 07-05extended the “sunset provision” until April 30, 2009; and

WHEREAS, Ordinance 09-08 amended the hours of operation of outdoor cafes and extended the “sunset provision” until April 30, 2011; and

WHEREAS, Ordinance 11-05 extended the “sunset provision” until April 30, 2013; and

WHEREAS, it is the desire of the Town Council to continue the provisions of Sec. 17-132(6)(b) and Sec. 17-132(6)(b)(1); 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 ordained by the Town Council of the Town of Indialantic, Brevard County, Florida that:

SECTION 1. Expiration Date. The provisions of Section 17-132(6)(b) and Section 17-132(6)(b)(1) shall expire on April 30, 2013. This provision, commonly known as a “sunset provision,” is included in this ordinance to ensure that this ordinance, its effectiveness and its desirability will be reviewed by the Town Council within a reasonable time after its adoption. That the expiration date for the provisions of Section 17-132(6)(b) and Section 17-132(6)(b)(1) as adopted in Ordinance 11-05 is hereby repealed.

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. 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 February, 2013, and ADOPTED by the Town Council of the Town of Indialantic, Florida on final reading on the ____ day of March, 2013.

TOWN OF INDIALANTIC

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