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ORDINANCE 2010-15
AN ORDINANCE OF THE TOWN OF PONCE INLET, FLORIDA,
AMENDING THE LAND USE AND DEVELOPMENT CODE OF THE
TOWN OF PONCE INLET BY AMENDING SECTION 5.5.10 (B-2
RIVERFRONT COMMERCIAL ZONING DISTRICT); REPEALING
SECTION 5.6.4 (LIGHTHOUSE VIEW PROTECTION) AND
ESTABLISHING A NEW LIGHTHOUSE OVERLAY DISTRICT;
ESTABLISHING A NEW PLANNED WATERFRONT DEVELOPMENT
DISTRICT (PWD); ESTABLISHING DEVELOPMENT AND DESIGN
STANDARDS IN THE RIVERFRONT COMMERCIAL (B-2) AND
PLANNED WATERFRONT DEVELOPMENT (PWD) ZONING
DISTRICTS; AMENDING ARTICLE VIII (TREE AND NATIVE
VEGETATION PRESERVATION, BUFFERS AND LANDSCAPE
REQUIREMENTS); PROVIDING FOR SEVERABILITY AND
CONFLICTS; PROVIDING FOR CODIFICATION; AND PROVIDING
FOR EFFECTIVE DATE.
WHEREAS, the Town Council of the Town of Ponce Inlet adopted substantial amendments to its Comprehensive Plan in Ordinance 2008-01; and
WHEREAS, the Future Land Use Element of the Comprehensive Plan as amended requires a Planned Waterfront Development District and a Lighthouse Overlay District; and
WHEREAS, new sections are added to the Land Use and Development Code by this
Ordinance to set forth the intent and purposes, permitted and special exception uses, standards, and other regulations of the Planned Waterfront and Lighthouse Overlay Districts; and
WHEREAS, it is in the best interests of the Town, its citizens, and property owners to change Section 5.5.10 and Article VIII to reflect a more user-friendly structure, provide consistent formatting, include an illustrated set of regulations, and to restructure existing regulations therein with a more logical format, more headers, cross references, and concise language; and
WHEREAS, Section 5.5.10 regulating the Riverfront Commercial District has been changed to include a significant amount of new uses in accordance with the best practices as reflected by the American Planning Association’s (APA) Land Based Classification System and the North American Industry Classification System (NAICS), and adds several marine-oriented uses similar to water-oriented zone districts of other local governments; and
WHEREAS, a new section to the Land Use and Development Code regarding design and development standards of the Planned Waterfront District and the Riverfront Commercial
District is required to efficiently address overlaps in design standards of the two Districts and to allow for greater concentration and consideration of detailed design and development standards of the Districts into one section; and
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WHEREAS, Article VIII regarding tree and native vegetation preservation, buffers, and landscape requirements is substantially reorganized by this Ordinance to provide more clarity and brevity in language, but the Article carries forward the current policies and high levels of tree and vegetation protection and most of the same landscaping standards as the current Article
VIII; and
WHEREAS, due to reorganizing and restructuring Article VIII regarding trees and vegetation protection and Section 5.5.10 regarding the Riverfront Commercial District, a more efficient means of adopting such substantial changes is to repeal existing Article VIII and
Section 5.5.10 and adopt a new Article and Section, even though the new Article and Section contain many of the same regulations as now exist; and
WHEREAS, the planning staff and consultants have held meetings and interviews, with some such meetings involving stakeholders; and
WHEREAS, the Town Council, acting as the Local Planning Agency, has determined that the regulations adopted by this Ordinance are consistent with the Comprehensive Plan as amended by Ordinance 2008-01; and
WHEREAS , the Town of Ponce Inlet has complied with all requirements and procedures of Florida law in processing, noticing, and advertising this Ordinance; and
WHEREAS , this Ordinance is enacted under the general home rule, police powers, and land regulatory powers of the Town of Ponce Inlet.
NOTE: Strikethrough constitutes deletions from the existing Land Use and
Development Code.
NOW, THEREFORE, BE IT ENACTED by the Town Council of the Town of Ponce
Inlet, Florida as follows:
Section 1. Legislative Findings and Intent. The findings set forth in the recitals above are hereby adopted as legislative findings pertaining to this Ordinance.
Section 2.
The Town Council for the Town of Ponce Inlet hereby adopts changes and additions to the Land Use and Development Code. All changes and additions are depicted in Exhibit “A” attached hereto and incorporated by reference as though fully set forth in this Ordinance.
A.
The existing Section 5.5.10 of the Land Use and Development Code, entitled “B-
2: Riverfront Commercial Zoning District” is hereby deleted in its entirety, and
Section 5.5.10 as set forth in Exhibit “A” is hereby adopted.
B.
Section 5.5.14 of the Land Use and Development Code, entitled “Planned
Waterfront District,” is hereby created, as set forth in Exhibit “A.”
C.
Section 5.5.15 of the Land Use and Development Code, entitled “Development and Design Standards in the Riverfront Commercial (B-2) and Planned
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Waterfront Development (PWD) Zoning Districts” is hereby created, as set forth in Exhibit “A.”
D.
Section 5.5.16 of the Land Use and Development Code, entitled “Lighthouse
Overlay District (LOD),” is hereby created, as set forth in Exhibit “A.”
E.
Article VIII of the Land Use and Development Code, entitled “Tree and Native
Vegetation Preservation, Buffers, and Landscape Requirements,” is hereby deleted in its entirety, and Article VIII, as set forth in Exhibit “A” is hereby adopted.
Section 3.
Section 5.6.4 entitled “Lighthouse view protection,” is hereby repealed in its entirety and is declared null and void:
In order to maintain over a broad area of land and water the visibility and dominance of the
Ponce Inlet Lighthouse, a unique and historic structure of major significance to the people of the community, no building or structure in the area south of Inlet Harbor Road shall be erected or constructed to exceed a height of 35 feet.
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Section 4.
Codification. It is the intent of the Town Council of the Town of Ponce Inlet that the provisions of this Ordinance shall be codified. The codifier is granted broad and liberal authority in codifying the provisions of this Ordinance.
Section 5.
Severability. If any section, sentence, phrase, word or portion of this Ordinance is determined to be invalid, unlawful or unconstitutional, said determination shall not be held to invalidate or impair the validity, force or effect of any other section, sentence, phrase, word or portion of this Ordinance not otherwise determined to be invalid, unlawful or unconstitutional.
Section 6.
Conflicts. In any case where a provision of this Ordinance is found to be in conflict with a provision of any other ordinance of this Town, this Ordinance shall prevail.
Section 7.
Effective Date. This Ordinance shall become effective immediately upon its passage and adoption.
It was moved by and seconded by that said Ordinance be approved upon first reading. A roll call vote of the Town Council on said motion resulted as follows:
126 Mayor Goudie, Seat #1
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Vice-Mayor Derr, Seat #2
Councilmember Lewis, Seat #5
Councilmember Rutledge, Seat #3
Councilmember Davis, Seat #4
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Approved upon first reading this ____ day of ______, 2010.
It was moved by and seconded by that said Ordinance be adopted upon second reading. A roll call vote of the Town Council on said motion resulted as follows:
136 Mayor Goudie, Seat #1
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Vice-Mayor Derr, Seat #2
Councilmember Rutledge, Seat #3
139 Councilmember Davis, Seat #4
140 Councilmember Lewis, Seat #5
141 Approved upon second reading this ____ day of ______, 2010.
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ATTEST:
______________________________
Jeaneen P. Clauss, CMC
Town Manager/Town Clerk
Town of Ponce Inlet, Florida
Tony Goudie, Mayor
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