ORDINANCE NO. 98-04

AN ORDINANCE TO AMEND ORDINANCE NO 95-04 LIMITING ANTENNA HEIGHTS IN THE TOWN OF SHALIMAR TO SEVENTY FIVE (75) FEET; AND TO AMEND THE CODE OR ORDINANCES SEC. 82-149. DIMENSION AND AREA REGULATIONS FOR ALL RESIDENTIAL DISTRICTS, SUBPARAPGRAPHS 8; AND SEC. 82-163. DIMENSIONS AND AREA REGULATIONS FOR ALL NON-RESIDENTIAL DISTRICTS TO SEVENTY-FIVE (75) FEET, TO COMPLY WITH A REQUEST FROM EGLIN AFB FOR FLIGHT PATTERN SAFETY; AND AN EFFECTIVE DATE.

WHEREAS, Ordinance 95-04 limits height to one hundred feet above natural ground level; and

WHEREAS, the Code of Ordinances, Section 82-149, under Dimensions and Area Regulations for all Residential Districts, Schedule B, Sub-Paragraph 8 states: Variances in height restrictions in R-3 Districts may be granted by the town commission and only if one foot is added to the requested front and side yards for each foot of building height over 45 feet in addition to the general yard requirements for the zoning district. In no case will a building be permitted to exceed seven (7) stories or seventy-five (75) feet in height; and

WHEREAS, the Code of Ordinances, Section 82-163, states under Dimensions and Area Regulations for all Non-Residential Districts, Schedule D, a Maximum Building Height for Commercial District and Industrial District of 100 feet; and

WHEREAS, the Town Commission feels it is important to adhere to the Flight Pattern Request for Safety from Eglin AFB, to protect the Safety of Residents and Businesses, and the integrity of the community and its environment by establishing a maximum height of seventy-five (75) feet.

NOW, THEREFORE IT IS HEREBY ORDAINED by the Commission of the Town of Shalimar, Florida, that Antenna Heights be limited to seventy-five (75) feet and any commercial or industrial buildings will be limited to seventy-five (75) feet.

1. This ordinance shall take effect after its second reading and approval and signature by the Mayor.

2. This ordinance shall be incorporated within the Land Development Code of the Town of Shalimar.

Date of First Reading: April 14, 1998

Date of Second Reading: May 12, 1998