Ordinance 13-11 – Approved

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[ Code of Ordinances ]
Ordinance 13-11 – Approved

ORDINANCE NO. 13-11

AN ORDINANCE OF THE TOWN OF INDIALANTIC, BREVARD COUNTY, FLORIDA AMENDING SECTION 17-111 RELATING TO SATELLITE DISH ANTENNAS; MAKING FINDINGS; PROVIDING A SEVERABILITY/ INTERPRETATION CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.

WHEREAS, Council desires for a safe and attractive community; and

WHEREAS, the Federal Communications Commission precludes local governments from regulating satellite dishes under 40 inches in diameter; 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:

SECTION 1. That Sec. 17-111 of the code of ordinances of Indialantic, Florida is hereby amended to read as follows:

Sec. 17 111. Satellite dish antennas.

(1) Satellite dish antennas forty (40) inches and larger in diameter are hereby permitted as accessory uses in all zoning districts subject to the following regulations and conditions to protect the rights of other property owners and at the same time protect the public health and safety and preserve the aesthetic value and quality of Indialantic’s primarily residential character.

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(6) The dish antenna must be mounted on a permanent foundation engineered and anchored to withstand wind velocity of one hundred ten and sixty (110 160) miles per hour which shall be certified in the installation instructions furnished by the antenna’s manufacturer (or by a registered professional structural engineer). Installation to these specifications shall be under the supervision of and approved by the town building official. The material used in constructing a satellite antenna in any residential zoning district (including and limited to the R-1-A, R-1-B, R-2, R-3, and R-P zoning districts) shall be of a mesh type. The material used shall be made to conform and blend, to the greatest extent practicable, with surrounding areas and structures, taking into consideration color, ability to receive or transmit a signal to a given satellite or receiver, and location. The dish antenna shall contain no advertising or signage that is discernible from a distance of ten (10) feet or more.

SECTION 2: Severability. Should any section or provision of this division or any portion thereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereto as a whole or part thereof other than the part to be declared invalid.

SECTION 3. Effective Date. This Ordinance shall become effective immediately upon adoption, except as specifically provide for in the text of this Ordinance.

PASSED by the Town Council of the Town of Indialantic on first reading the ____ day of ___________, 2013, and ADOPTED by the Town Council of the Town of Indialantic, Florida on final reading on the _______ day of ______________, 2013.

TOWN OF INDIALANTIC

__________________________
David Berkman
Mayor

ATTEST: ___________________________
Laura Eaton, CMC
Town Clerk