HomeMy WebLinkAboutOrdinance No. 05-1994r
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ORDINANCE NO. 05 -94
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD
COUNTY, FLORIDA, AMENDING SECTION 645.31, RECONSIDERATION
OF ADMINISTRATIVE REVIEW. SPECIAL EXCEPTION OR VARIANCE,
OF THE CODE OF ORDINANCES OF THE CITY OF CAPE CANAVERAL
TO CLARIFY THE EXCEPTION OF THE TIME PERIOD FOR PETITIONS
FOR RECONSIDERATION FILED BY THE CITY COUNCIL; PROVIDING
FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING
ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE.
BE IT ENACTED BY THE CITY COUNCIL. OF THE CITY OF CAPE
CANAVERAL, BREVARD COUNTY, FLORIDA, as follows:
SECTION 1. Section 645.31, Reconsideration of Administrative
Review, Special Exception or Variance, of the Code of Ordinances of
the City of Cape Canaveral is hereby amended to read as follows:
Sec. 645.31 Reconsideration of Administrative Review,
Special Exception or Variance. When a petition for
administrative review, special exception or variance has been
acted on by the Board of Adjustment and disapproved or failed
to pass, such petition in the same or substantially similar
form shall not be reconsidered by the Board of Adjustment for
a period of two (2) years. This restriction shall not apply
to the property owner if the original request was initiated by
an official, department, board or agency of the City acting in
any official capacity. This restriction shall not apply to
any initial petition or petition for reconsideration filed by
the City Council.
SECTION 2. Severability. If any section, paragraph, phrase,
or word of this Ordinance is held to be unconstitutional or
invalid, such portion shall not affect the remaining portions
hereof and it shall be construed to have been a legislative intent
to pass this Ordinance without such unconstitutional or invalid
part.
SECTION 3. Conflicting Provisions. Any ordinance, or parts
of an ordinance, in conflict herewith are repealed.
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City of Cape Canaveral, Florida
Ordinance No. 05 -94
Page 2
SECTION 4. Effective Date. This ordinance shall take effect
immediately upon its adoption.
ADOPTED BY the City of Cape Canaveral, Brevard County,
Florida, this 1st day of February , 1994.
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aith L�1!� 1 er° ' a ° >li, CLERK
APPROV$P AS TO FORM:
John : KnciliaI'I' ATTORNEY
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C„S„
Jo C' Salamone, MAYOR
e r 1/18/94
to 1/19/94
Aitierft,: H 1/21/94
Secokrid a 2/1/94