Ord. 15-05 – Approved

This material was filed under
[ Code of Ordinances ]
Ord. 15-05 – Approved

ORDINANCE NO. 15-05

AN ORDINANCE OF THE TOWN OF INDIALANTIC, BREVARD COUNTY, FLORIDA RELATING TO GRADING AND DRAINAGE; AMENDING SECTIONS 17-124, 17-125, 17-126, 17-127, 17-128, 17-131 AND 16.5-50; PROVIDING A SEVERABILITY AND INTERPRETATION CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE

WHEREAS, the provisions of Code Section 17-114 have been repositioned within the Code as Chapter 16.5, Article III, and

WHEREAS, Council desires compliance with these provisions; 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, Brevard County, Florida, that:

SECTION 1. That Sec. 17-124(14) of the code of ordinances of Indialantic, Florida is hereby amended to read:

Sec. 17 124. “R 3” Multi Family Residence Districts.

Within “R 3” Multi Family Residence Districts the following regulations shall apply:
* * * * *
(14) Grading and drainage. Section 17 114 Chapter 16.5, Article III applies.

SECTION 2. That Sec. 17-125(17) of the code of ordinances of Indialantic, Florida is hereby amended to read:

Sec. 17 125. “R P” Residential Professional Districts.

Within “R P” Residential Professional Districts, the following regulations shall apply:
* * * * *
(17) Grading and drainage. Section 17 114 Chapter 16.5, Article III applies.

SECTION 3. That Sec. 17-126(5) of the code of ordinances of Indialantic, Florida is hereby amended to read:

Sec. 17 126. “C” and “C 1” Commercial Districts.

* * * * *
Within “C” and “C 1” Commercial Districts, the following reg¬ulations shall apply:

(5) Grading and drainage. Section 17 114 Chapter 16.5, Article III applies.

SECTION 4. That Sec. 17-127(17) of the code of ordinances of Indialantic, Florida is hereby amended to read:

Sec. 17 127. “T” Tourist Districts.

Within “T” Tourist Districts, the following regulations shall apply:
* * * * *

(17) Grading and drainage. Section 17 114 Chapter 16.5, Article III applies.

SECTION 5. That Sec. 17-128(p) of the code of ordinances of Indialantic, Florida is hereby amended to read:

Sec. 17 128. CH church districts.

(a) Intent. The provisions applicable to this district are intended to apply to an area which can serve the needs of the community for public and semi-public facilities of an educational, religious, recreational, or cultural nature. Within the “CH” Church District, the regulations in this section shall apply.
* * * * *
(p) Grading and drainage. Grading and drainage shall be constructed, maintained, and operated pursuant to the requirements of section 17-114 Chapter 16.5, Article III, town code.

SECTION 6. That Sec. 17-131(4) of the code of ordinances of Indialantic, Florida is hereby amended to read:

Sec. 17 131. C 2 commercial districts.

Within C 2 commercial districts, the following regulations shall apply:
* * * * *
(4) Grading and drainage plans. Section 17 114 Chapter 16.5, Article III applies.

SECTION 7. That Sec. 16.5-50(1)(a) of the code of ordinances of Indialantic, Florida is hereby amended to read:

Sec. 16.5-50. Definitions.

(1) Definitions. For purposes of this section, the following words and phrases shall have the meaning indicated.

(a) Illicit Discharge (or Illegal Discharge) means any discharge to the Town’s MS4 or to waters of the U.S. which is not entirely of stormwater, unless exempted pursuant to section 16.5-5152, or the discharge to the Town’s MS4 or to waters of the U.S. which is not in compliance with federal, state or local permits.

SECTION 8. 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 are 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 9. Effective Date. This Ordinance shall become effective immediately upon adoption.

PASSED by the Town Council of the Town of Indialantic on first reading the ____ day of ___________, 2015, and ADOPTED by the Town Council of the Town of Indialantic, Florida on final reading on the _______ day of ______________, 2015.

TOWN OF INDIALANTIC

_____________________________
David Berkman
Mayor

ATTEST: _______________________
Laura Eaton, CMC
Town Clerk