ORDINANCE NO. 2006 - 17

AN ORDINANCE OF THE TOWN OF MELBOURNE BEACH, BREVARD COUNTY, FLORIDA, ADDING SECTION 7A-57(f) TO THE TOWN OF MELBOURNE BEACH CODE OF ORDINANCES; PROVIDING FOR THE PLACEMENT LOCATION, HEIGHT, ANCHORING, TIME LIMITS, AND MAINTENANCE, OF PORTABLE TEMPORARY STORAGE CONTAINERS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR INCLUSION IN THE CODE OF ORDINANCES; PROVIDING AN EFFECTIVE DATE.

WHEREAS, The Town Commission desires to create regulations governing use of portable temporary storage containers; and

WHEREAS, the Planning and Zoning Board has reviewed the proposed ordinance and recommended approval; and

WHEREAS, the Town Commission has reviewed the recommendations of the Planning and Zoning Board and has considered the comments of interested citizens in pubic hearing;

NOW THEREFORE, be it enacted by the Town of Melbourne Beach, Brevard County, Florida, as follows:

Section 1. Sections 1A–3, and 7A-57(f) is herby added to the Town of Melbourne Beach Code of Ordinances, as follows:

1A-3. Definitions

Portable Temporary Storage Container

Any container designed for the storage of private property, that is typically rented for temporary use on a property, and that is delivered and removed from the property by truck.

Section 2.

§ 7A-57. (f) Portable temporary storage containers.

Limitations and restrictions.

(1) Portable temporary storage containers shall be allowed in single family residential zoning districts subject to the following:

a. The property shall be improved with a single family residence.

b. The container shall remain on the property a maximum of 15 days, including the day of delivery and removal.

c. A container may be delivered to a site a maximum of three times per calendar year.

d. A minimum of 30 days shall elapse between placements of a container on a property.

e. The container shall be placed on a driveway or in the side or rear yard.

f. When placed on the driveway within the front setback area the container shall be located so that pedestrian and vehicular traffic is not obstructed and so that the view of an operator of a motor vehicle entering or exiting a right-of-way is not obstructed.

g. In the case of a Town wide declaration establishing emergency conditions the container may remain on a site for a period not to exceed one year.

(2) Portable temporary storage containers used in connection with permitted construction activity may be located in any zoning district subject to the following conditions:

a. The container shall not encroach on sidewalks, rights-of-way, adjacent properties, or obstruct the view of motorists.

b. The container may remain on the lot for the duration of construction authorized by an active building permit.

c. The container shall be removed within thirty (30) days of issuance of a certificate of occupancy or final inspection.

d. The container shall be a maximum of eight feet in width, 16 feet in length, and eight feet in height.

e. Hazardous materials including flammable and biohazard substances shall not be stored in the containers.

Section 3. All ordinances or parts of ordinances in conflict herewith are repealed, and all ordinances or parts of ordinances not in conflict herewith are hereby continued in full force and effect.

Section 4. If any portion, clause or phrase, sentence or classification of this ordinance is held or declared to be either unconstitutional, invalid, inapplicable, inoperative, or void, then such declaration shall not be construed to affect other portions of the ordinance. It is hereby declared to be the express opinion of the Town Commission of the Town of Melbourne Beach that any such unconstitutional , invalid, inapplicable, inoperative, or void portion or portions of this ordinance did not induce its passage and that without the inclusion of any such portion or portions of this Ordinance, the Town Commission would have enacted the valid and constitutional portions hereof.

Section 5. It is the intention of the Town Commission of the Town of Melbourne Beach that the provisions of this Ordinance shall be made a part of the Town of Melbourne Beach Code of Ordinances and sections may be renumbered to accomplish such intention.

Section 6. The provisions within this Ordinance shall take effect immediately upon the enactment date.

Section 7. PASSED by the Town Commission of the Town of Melbourne Beach on first reading on the _________ day of ____________________, 2006, and ADOPTED by the Town Commission of the Town of Melbourne Beach, Brevard County, Florida, on final reading on the ______ day of __________________, 2006.

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William G. Stacey

Mayor

ATTEST:

________________________________

Lenore R. Milan

Town Clerk