ORDINANCE NO. 2008-__
AN
ORDINANCE OF THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY, FLORIDA, RELATING TO THE
TOWN COASTAL SETBACK LINE; MAKING FINDINGS; AMENDING THE SECTION 5A-2, LAND
DEVELOPMENT CODE, APPENDIX A, TOWN CODE OF THE TOWN OF MELBOURNE BEACH,
FLORIDA; AMENDING THE DESCRIPTION AND LOCATION OF THE TOWN COASTAL SETBACK LINE;
PROVIDING FOR SEVERABILITY AND INTERPRETATION; PROVIDING FOR THE REPEAL OF
INCONSISTENT RESOLUTIONS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, a coastal setback line was created
in 1981 for
WHEREAS, the then-existent Florida Department
of Natural Resources now known as the Florida Department of Environmental
Regulation to implement Chapter 161, Florida Statutes, in the mid-1980’s
conducted surveying activities in Florida coastal counties to set a coastal
construction control line (“CCCL”);
WHEREAS, the purpose of the CCCL was intended
to protect the beaches and shores from erosion by protection of the coastal
dune system and to protect structures built along the coast from the natural
effects of shoreline erosion by setting a construction setback seaward of which
construction should only be permitted under certain circumstances;
WHEREAS, the CCCL was set using scientific
and engineering data;
WHEREAS, the Town of Melbourne Beach and
other municipalities were asked to further protect the beaches and shores from
erosion by protection of the coastal dune system and to protect structures
built along the coast from the natural effects of shoreline erosion by setting
a local construction setback line, which could be varied through a variance
system;
WHEREAS, by adoption of Town Ordinance No. 85-8
on January 20, 1986, the Town of Melbourne Beach adopted local construction
setback line regulatory system and adopted a temporary coastal construction
setback line 25 feet landward of the 1981 Brevard County setback, all pending
completion of surveying, data collection, and adoption of the new State of
Florida CCCL by the then-existent Florida Department of Natural Resources;
WHEREAS, at the time of adoption of the local
construction setback line regulatory system the Town Commission specifically
indicated plans to amend the location of the new coastal setback line to be the
same as the CCCL, then under preparation by the State of Florida;
WHEREAS, the Town Commission’s legislative
intent to do so was memorialized in Section 5A-3, Appendix A,
Melbourne Beach Town Code, which states:
The Town Commission hereby declares that as a result of anticipated
long-term coastline changes, due to storm events, beach erosion, dune damage,
and rising relative sea level, causing the coastline to continue to move
landward, it shall be the intent of the Town Commission to reconsider the
location of the coastal setback line from time to time as such coastline
changes dictate the necessity therefor.
WHEREAS, on
WHEREAS, the CCCL in many portions of the
Town generally follows the West side of the A-1-A right-of-way;
WHEREAS, the Town Commission for reasons
unknown never followed “reconsider[ed] the location of the coastal setback
line” and implemented the CCCL by adoption of an amendatory ordinance;
WHEREAS, during the 1990’s and in the first
decade of the new millennia the Town Board of Adjustment periodically
adopted variances based on the CCCL as if in fact it
had been re-set by the Town Commission;
WHEREAS, the Town Commission hereby registers
its intent to formally reset the Town’s Coastal Setback Line to coincide with
the CCCL adopted by the State of
WHEREAS, the Town’s adopted Comprehensive
Plan includes in its Coastal Zone Management/Conservation Element the following
objectives and policies supportive of this Ordinance, including:
Objective 1.0: Protect the coastal dune system, associated
native vegetative communities and beaches from the impacts of development.
Objective 2.0: Enhance and improve existing dune systems,
and maintain permanent public access to he beaches and shores according to the
level of service standards outlined in the Recreation Open Space Element. (emphasis supplied)
Policy 2.3:
Increase vegetation on the dune system to prevent erosion and plant
“barrier vegetation” adjacent to dune crossovers to discourage pedestrian
access around the structure.
Objective 4.0: Protect the sea turtle, the manatee [and]
other wildlife and wildlife habitat from the adverse effects of human
interference and enhance
WHEREAS, the Town Planning & Zoning
Board, sitting as the Local Planning Agency, has recommended adoption of this
Ordinance as being in promotion of the public safety and welfare as a means of
protecting the beaches and shores from erosion by protection of the coastal
dune system and to protect structures built along the coast from the natural
effects of shoreline erosion and finds that based on the foregoing Objectives
and Policies in the Comprehensive, among others, this Ordinance is consistent
with the Town’s Comprehensive Plan.
BE IT
ENACTED BY THE TOWN OF
SECTION 1.
That Section 5A-2, Appendix A, of the Town Code of the Town of Melbourne
Beach, Florida, is hereby amended to read as follows:
There is hereby
established and exists a town coastal setback line, for all property located
within the town. The coastal setback
line shall be in the same location as located 25 feet in a landward
direction. from the Florida Coastal Construction Line as adopted on
December 4, 1986 by the Department of Environmental Protection and described in
Rule 62B-26.017, Florida Administrative Code.
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 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
3. 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
4. Effective Date. This Ordinance shall become effective upon
adoption.
PASSED by the Town
Commission of the Town of Melbourne Beach on first reading on the ___ day of ____________,
200__,
[Intentionally Left Blank]
and ADOPTED by the
Town Commission of the Town of Melbourne Beach, Florida, on final reading on
the ___ day of ______________, 2008.
TOWN OF
By:____________________________
William G. Stacey, Mayor
ATTEST:
(TOWN SEAL)
_______________________
Lenore
R. Milan, CMC,
Town
Clerk