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Home My WebLink AboutOrdinance No. 05-2015 ORDINANCE NO. 05-2015 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; AMENDING CHAPTER 98, SUBDIVISIONS, AND CHAPTER 110, ZONING, OF THE CODE OF ORDINANCES; AMENDING THE TECHNICAL REQUIREMENTS FOR SIDEWALKS WITHIN THE CITY; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, the City of Cape Canaveral is granted the authority, under Section 2(b), Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the City Council of the City of Cape Canaveral desires to have safe and efficient sidewalks to support the bicycling and pedestrian community and has determined that City sidewalks contribute to the general quality of life for the residents of Cape Canaveral; and WHEREAS, the City Council desires to update the existing City Code related to sidewalks to ensure that the Code provides the design and specifications needed to safely and efficiently accommodate the City's bicycling and pedestrian public; and WHEREAS, the City Council of the City of Cape Canaveral, hereby finds this Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral. NOW, THEREFORE, THE CITY OF CAPE CANAVERAL HEREBY ORDAINS AS FOLLOWS: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference as legislative findings and the intent and purpose of the City Council of the City of Cape Canaveral. Section 2. Amendment to Chapters 98 and 110. Chapters 98, Subdivisions, and 110, Zoning, of the Code of Ordinances, City of Cape Canaveral, Florida, are hereby amended as follows (underlined type indicates additions and stfikeout type indicates deletions, while asterisks (***) indicate a deletion from this Ordinance of text existing in Chapter 98 or Chapter 110. It is intended that the text in Chapter 98 or Chapter 110 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): City of Cape Canaveral Ordinance No.05-2015 Page 1 of 4 Sec.98-92.-Streets. (a) Arterial streets cross sections of a subdivision shall be in accordance with the city comprehensive plan and as determined by the city engineer and approved by the planning and zoning board. (b) Collector streets shall have either: (1) A 60-foot-wide right-of-way, two 20-foot-wide pavements, four-foot-wide separation strips, no less than five-foot-wide sidewalk on each side; or (2) A 60-foot-wide right-of-way, 40-foot-wide pavement and no less than few five-foot- wide sidewalk on each side. (c) Minor streets for row houses and apartments shall have a 60-foot-wide right-of-way, 36- foot-wide pavement, and no less than five-foot-wide sidewalks on each side. For residences, minor streets shall have a 50-foot-wide right-of-way, 24-foot-wide pavement, and no less than five-foot-wide sidewalks on each side. (d) Marginal access streets shall have a 50-foot-wide right-of-way, 24-foot-wide pavement, and no less than five-foot-wide sidewalks on each side. * * * (t) Sidewalks shall be constructed as follows: (I) Residential areas shall have a sidewalk no less than five few feet wide. (2) Arterial and collector streets shall have a sidewalk no less than five feet wide. (3) All sidewalks shall be a minimum of three and one-half inches thick, 3000 2-500 psi concrete, reinforced with six by six # ten welded wire mesh or with polypropylene fibers ("Fibermesh"), with expansion joints at 30-foot intervals and construction joints at five foot intervals. (4) All sidewalks -- . . .. _. - • -•: - in front of driveways shall be a minimum of six inches thick, 3000 psi concrete, reinforced with six by ten (6x10) welded wire mesh or with polypropylene fibers ("Fibermesh"), with expansion joints at 30-foot intervals and construction joints at five foot intervals. (u) Driveway apron shall be a minimum of six inches thick, 3000 2500 psi concrete, with six by six # ten, welded wire mesh. Driveways shall be a minimum of three and one-half inches thick, 3000 2-500 psi concrete, with a six by six # ten welded wire mesh or with polypropylene fibers("Fibermesh"). * * * City of Cape Canaveral Ordinance No.05-2015 Page 2 of 4 Sec. 110-475.-Sidewalks required. (a) Construction of sidewalks shall be required in conjunction with the construction of any building or development on property abutting any paved street, public and private, within the city limits. (b) Sidewalks . •• - • '. . • shall be no less than five four feet wide regardless of zoning district, - • - . . -- .• - . Sidewalks and concrete aprons will net be required across asphalt paved driveways, but-the . •. . - . . . ._ . • _. •• .. :. . • . .. - - - . Sidewalks along State Highway A l A will require a permit from the state department of transportation and shall be no less than five feet wide. (c) Sidewalks being installed on a street within the same block which already has sidewalks or portions of sidewalks installed must transition to the ^f.--in width of v.441i, the existing sidewalks, but shall be no less than net-te-exceed five feet in width. The transition distance between the two different widths of sidewalks will be a minimum of five feet. Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the Cape Canaveral City Code and any section or paragraph, number or letter and any heading may be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like errors may be corrected and additions, alterations, and omissions, not affecting the construction or meaning of this Ordinance and the City Code may be freely made. Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. City of Cape Canaveral Ordinance No.05 -2015 Page 3 of 4 ADOPTED by.the ity Council of the City of Cape Canaveral, Florida, this 16th day of June,2!015. SF AL ATTE fd ••.••'" 1�-" Rocky Randels,Mayor sCOO irc �.:...�� For Against John Bond Second ANG A APPERS'C'P"f City Clerk,MMC Bob Hoog X Buzz Petsos Motion Rocky Randels X Betty Walsh Absent First Reading: May 19, 2015 Legal Ad published: May 21,2015 Second Reading: June 16, 2015 Approved as to legal form and sufficiency for the Ci J of Cape naveral only by: A ANTH I • .GARGA,ES ,City Attorney 40 A s•{CA14 nit-67,10A4 City of Cape Canaveral Ordinance No.05-2015 Page 4 of 4