HomeMy WebLinkAboutOrdinance No. 02-2009ORDINANCE 02 -2009
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL,
FLORIDA, AMENDING CHAPTER 82 OF THE CITY CODE,
BUILDINGS AND BUILDING REGULATIONS, RELATING
TO THE FLORIDA BUILDING CODE; PROVIDING FOR
UPDATES DUE TO AMENDMENTS TO THE FLORIDA
BUILDING CODE; PROVIDING FOR THE REPEAL OF
PRIOR INCONSISTENT ORDINANCES AND
RESOLUTIONS, INCORPORATION INTO THE CODE,
SEVERABILITY, AND AN EFFECTIVE DATE.
WHEREAS, the City is granted the authority, under § 2(b), Art. VIII of the Florida
Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
law; and
WHEREAS, in accordance with section 553.73, Florida Statutes, the Florida Building Code
has recently undergone an update, which requires review and amendment to local administrative and
technical code revisions; and
WHEREAS, the City Council desires to adopt the latest version of the Florida Building
Code; and
WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this
ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Cape
Canaveral.
BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard
County, Florida as follows:
Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by reference
as legislative findings and the intent and purpose of the City Council of the City of Cape Canaveral.
Section 2. Code Amendment. That Chapter 82, Article II entitled Building Code of the Code
of Ordinances, City of Cape Canaveral, Florida, are hereby amended as follows: (underlined type
indicates additions and Stn"re. type indicates deletions, while asterisks (* * *) indicate a deletion
from the Ordinance of text existing in Chapter 82. It is intended that the text in sections Chapter 82
denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language
existing prior to adoption of this Ordinance).
CHAPTER 82, BUILDINGS AND BUILDING REGULATIONS
City of Cape Canaveral
Ordinance 02 -2009
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ARTICLE II. BUILDING CODE
Sec. 82 -31. Florida Building Code adopted.
The Florida Building Code 2007 edition, as may be amended from time to time, as
published by the Florida Building Commission, shall be known as the City of Cape Canaveral
Building Code and is hereby adopted by reference and incorporate herein as if fully set out.
(a) Board of adjustment and appeals. The construction board of adjustment and appeals shall
serve as the board of adjustment and appeals for this Code.
(b) wind speed zone : All of the city as described within the City Charter, article I, section
2, is in the wind speed zone of 130 mph, three - second gust.
(c) Wind exposure category. All of the city as described within the City Charter, article I,
section 2, is in the wind exposure category exposure "C."
(d) Wind borne debris region. All of the city as described within the City Charter, article I,
section 2, is in the wind borne debris region.
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 5. Effective Date. This Ordinance shall become effective March 1, 2009.
City of Cape Canaveral
Ordinance 02 -2009
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ADOPT -ED bey.,tie, City Council of the City of Cape Canaveral, Florida, this r day of
r
March, 2, 409.
ROCKY RANDELS, Mayor
ATTEST:
SUSA S1' .Fri ,,-City
Bob Hoog
Buzz Petsos
Rocky Randels
C. Shannon Roberts
Betty Walsh
For Against
X
Motion
X
X
Second
First Reading: Februaly 17 2009
Legal Ad published: FebruaEy 21 2009
Second Reading: March 32009
Approv a to legal form and sufficiency for
the C' of e Canaveral only:
ANTHONY A. GARGANESE, City Attorney
City of Cape Canaveral
Ordinance 02 -2009
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