ORDINANCE No. 02-04
AN ORDINANCE AMENDING CHAPTER 34 OF THE TOWN OF FORT MYERS BEACH LAND DEVELOPMENT CODE; PROVIDING AUTHORITY; ADDING SEC. 34-123 REGARDING FUNCTIONS, POWERS, AND DUTIES AS TO DESIGN REVIEW; AMENDING SEC. 34-209 REGARDING BUILDING RELOCATION PERMITS; ADDING “COMMERCIAL DESIGN STANDARDS” WHICH PROVIDE SEC. 34-991 PURPOSE AND INTENT, SEC. 34-992 APPLICABILITY AND COMPLIANCE, SEC. 34-993 DEFINITIONS, SEC. 34-994 EXTERIOR WALLS, SEC. 34-995 PRINCIPAL FACADE WALLS, SEC. 34-996 ROOFS, SEC. 34-997 PLAZAS AND COURTYARDS, AND SEC. 34-998 SIGNAGE; ADDING A NEW DIVISION 12-A ENTITLED “DRUG PARAPHERNALIA” WHICH PROVIDES SEC. 34-1551 DRUG PARAPHERNALIA DEFINED, SEC. 34-1552 DETERMINATION OF PARAPHERNALIA, AND SEC. 34-1553 MANUFACTURE AND DELIVERY OF DRUG PARAPHERNALIA; PROVIDING SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
IT IS HEREBY ORDAINED BY THE TOWN OF FORT MYERS BEACH AS FOLLOWS:
SECTION 1. AUTHORITY. This Ordinance is enacted pursuant to the provisions of Chapter 95-494, Laws of Florida, Chapters 163 and 166, Florida Statutes, and other applicable provisions of law.
SECTION 2. AMENDING SEC. 34-209 REGARDING BUILDING RELOCATION PERMITS. See Exhibit “A” Sec. 34-209, attached.
SECTION 3. ADDING “COMMERCIAL DESIGN STANDARDS” WHICH PROVIDE SEC. 34-991 PURPOSE AND INTENT. See Exhibit “B” Sec. 34-991, attached.
SECTION 4. ADDING “COMMERCIAL DESIGN STANDARDS” WHICH PROVIDE SEC. 34-992 APPLICABILITY AND COMPLIANCE. See Exhibit “B” Sec. 34-992, attached.
SECTION 5. ADDING “COMMERCIAL DESIGN STANDARDS” WHICH PROVIDE SEC. 34-993 DEFINITIONS. See Exhibit “B” Sec. 34-993, attached.
SECTION 6. ADDING “COMMERCIAL DESIGN STANDARDS” WHICH PROVIDE SEC. 34-994 EXTERIOR WALLS. See Exhibit “B” Sec. 34-994, attached.
SECTION 7. ADDING “COMMERCIAL DESIGN STANDARDS” WHICH PROVIDE SEC. 34-995 PRINCIPAL FACADE WALLS. See Exhibit “B” Sec. 34-995, attached.
SECTION 8. ADDING “COMMERCIAL DESIGN STANDARDS” WHICH PROVIDE SEC. 34-996 ROOFS. See Exhibit “B” Sec. 34-996, attached.
SECTION 9. ADDING “COMMERCIAL DESIGN STANDARDS” WHICH PROVIDE SEC. 34-997 PLAZAS AND COURTYARDS. See Exhibit “B” Sec. 34-997, attached.
SECTION 10. ADDING “COMMERCIAL DESIGN STANDARDS” WHICH PROVIDE SEC. 34-998 SIGNAGE. See Exhibit “B” Sec. 34-998, attached.
SECTION 11. ADDING A NEW DIVISION 12-A ENTITLED “DRUG PARAPHERNALIA” WHICH PROVIDES SEC. 34-1551 DRUG PARAPHERNALIA DEFINED. See Exhibit “C” Sec. 34-1551, attached.
SECTION 12. ADDING A NEW DIVISION 12-A ENTITLED “DRUG PARAPHERNALIA” WHICH PROVIDES SEC. 34-1552 DETERMINATION OF PARAPHERNALIA. See Exhibit “C” Sec. 34-1552, attached.
SECTION 13. ADDING A NEW DIVISION 12-A ENTITLED “DRUG PARAPHERNALIA” WHICH PROVIDES SEC. 34-1553 MANUFACTURE AND DELIVERY OF DRUG PARAPHERNALIA. See Exhibit “C” Sec. 34-1553, attached.
SECTION 14. SEVERABILITY. If any one of the provisions of this ordinance should be held contrary to any express provision of law or contrary to the policy of express law, although not expressly prohibited, or against public policy, or shall for any reason whatsoever be held invalid, then such provision shall be null and void and shall be deemed separate from the remaining provisions of this ordinance, and in no way affect the validity of all other provisions of this ordinance.
SECTION 15. EFFECTIVE DATE. This ordinance shall take effect immediately upon its adoption.
The foregoing ordinance was enacted by the Town Council upon a motion by Council Member Rynearson and seconded by Council Member Thomas and, upon being put to a vote, the result was as follows:
Howard Rynearson aye
Daniel Hughes aye
Bill Thomas aye
W. H. "Bill" Van Duzer aye
Terry Cain aye
DULY PASSED AND ENACTED this 24th day of June, 2002.
ATTEST: TOWN OF FORT MYERS BEACH
By: _______________________________ By: ________________________
Marsha Segal-George, Town Clerk Daniel Hughes, Mayor
Approved as to form by:
_____________________________