§1A-3. DEFINITIONS.
For the purpose of this code, the following
definitions shall apply unless the context clearly indicates or requires a
different meaning.
* * *
BREEZEWAY. An
open passageway for movement of air and creating visual access running from the
Atlantic Ocean, as the eastern boundary of the breezeway to the first
north/south public right-of-way Westward of the Atlantic Ocean as the western
boundary of the breezeway. Visual corridors; corridors across the
full depth of ocean beach-front properties which shall be preserved to ensure
unrestricted movement of ocean breezes and to provide of visual access to the
ocean.
* * *
§7A-65. BREEZEWAYS.
(a)
Breezeways shall be provided as follows:
(1)
These requirements shall be applicable only to the 5-RMO, 6-B, and 9-I
zoning districts.
(2)
A minimum of 25 percent of the ocean frontage measured along the
right-of-way shall be established as a breezeway.
(3)
Fences, walls and landscaping meeting the requirements of sections
7A-35, 7A-36, and 7A-53(8) and (9) shall be permitted in the breezeway and
shall not be considered to be non-conforming.
Trees shall be permitted to be planted within breezeways; provided, that
trees are not aligned in such a way as to form a “wall” of trees.
(4)
Breezeways shall run parallel to side or corner side lot lines as
applicable.
(5)
The breezeway shall remain otherwise unobstructed.
(6)
Lots occupied by a single family dwelling and any accessory structures
shall be exempt from this section during the time that the single-family
dwelling is the primary use of the lot.
In any breezeway/visual corridor, no
structures, berms, fences, or landscaping shall exceed four feet above dune
height throughout the corridors.
Breezeway visual corridors shall be calculated on the basis of 25% of
the ocean frontage as determined by Chapter 161, Florida Statutes. The corridors should be established parallel
to the side lot lines.
(b) Non-conformities.
(1) Notwithstanding sections 7A-80 through 7A-86,
inclusive, fences, walls and landscape designs within breezeways located within
the 5-RMO, 6-B, and 9-I zoning districts on January 1, 2008, may continue to
exist and shall be exempt from sub-section (a) hereof; provided, that said
fences, walls, and landscape designs are not materially altered, enlarged,
extended, or moved in whole or in part.
However, any fence, wall, or landscape design may be altered to decrease
its nonconformity. This provision shall
also apply to replacement walls erected pursuant to section 7A-53(12);
provided, that the wall being replaced was in existence prior to January 1,
2008 and provided that the replacement wall is not enlarged or extended to be
longer or larger than the wall being replaced.
(2) The building official shall document and
maintain a file of the existence on
(3) When the non-conforming portion of any fence,
wall, or element of a landscape design within a breezeway in the 5-RMO, 6-B, or
9-I zoning district is discontinued, removed, destroyed by weather or other act
of God, or ceases for a period of more than 180 consecutive days, or for 18
non-consecutive, non-calendar months (one month=30 days) within any 1095 day
(three non-calendar year) period, and the property owner has not diligently
pursued replacement or resumption thereof, the non-conforming portion of the
fence, wall, or landscape design shall not thereafter be reestablished except
in conformance with sub-section (a) and all other regulations in the land
development code.
Section 3.
Severability/Interpretation.
(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 (* * *) indicates a deletion from the Ordinance of text
existing in the Code of Ordinances. It
is intended that the text in the Code of Ordinance 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 4. Ordinances and Resolutions in Conflict. All ordinances or resolutions or parts
thereof that may be determined to be in conflict herewith, except portions of
the Comprehensive Plan, are hereby repealed.
Section 5. Effective Date. The provisions within this Ordinance shall
take effect immediately upon the enactment of this Ordinance.
Section
6. Adoption Schedule. This Ordinance was PASSED by the Town
Commission of the Town of Melbourne Beach on first reading on the _________ day
of __________________, 2007, and ADOPTED by the Town Commission of the Town of
Melbourne Beach, Brevard County, Florida, on second and final reading on the
______ day of __________________, 2008.
TOWN
OF
A
Florida Municipal Corporation
By:_________________________
William
G. Stacey, Mayor
ATTEST:
__________________________ (TOWN
SEAL)
Lenore R. Milan, CMC
Town Clerk