HomeMy WebLinkAboutOrdinance No. 13-2009ORDINANCE NO. 13 -2009
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CAPE CANAVERAL, FLORIDA, AMENDING SECTION 110-
482 OF THE CITY CODE RELATED TO UNDERGROUND
UTILITIES; REQUIRING THAT UTILITIES BE PLACED
UNDERGROUND WHEN AN EXISTING BUILDING
UNDERGOES SUBSTANTIAL RENOVATION AND DURING
THE REDEVELOPMENT OF ANY PROPERTY; PROVIDING
THAT THE CITY MANAGER MAY WAIVE
UNDERGROUNDING UNDER CERTAIN CIRCUMSTANCES;
PROVIDING A DEFINITION FOR `REDEVELOPMENT;"
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 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 recently conducted a workshop to identify and prioritize the
goals and objectives set forth in the City's Redevelopment Plan; and
WHEREAS, consistent with Policy 2.3.5 of the Redevelopment Plan, the City Council
desires to improve the aesthetic appeal of the City of Cape Canaveral and the reliability of utility
services by requiring that property owners relocate utility lines underground during substantial
renovation to existing improvements or during the redevelopment of any property; 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 this
reference as legislative findings and the intent and purpose of the City Council of the City of Cape
Canaveral.
Section 2. Code Amendment. Chapter 11 O, Zoning, of the Code of Ordinances, City
City of Cape Canaveral
Ordinance No. 13 -2009
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of Cape Canaveral, Florida, is hereby amended as follows (underlined type indicates additions and
stri�Ceotct type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of
text existing in Chapter 110. It is intended that the text in 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):
CHAPTER 110. ZONING
ARTICLE I. IN GENERAL
Sec. 110 -1. Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Redevelopment means the process of demolition of existing, improvements and the
construction of new improvements on a site.
ARTICLE IX. SUPPLEMENTAL DISTRICT REGULATIONS
DIVISION 1, GENERALLY
See. 110 -482. Underground utilities required.
Ua Utility lines of all kinds, including, but not limited to, electrical service conductors,
telephone, cable television, water, sewer, gas and reclaimed water shall be constructed and
installed beneath the surface of the ground and in compliance with all applicable laws and
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facilities providing service to the site and leading to the site from franchised utilities shall
be placed underground. It shall be the proper d owner's / developer's responsibility to make
the necessary arrangements with each utility in accordance with that utility's established
City of Cape Canaveral
Ordinance No. 13 -2009
Page 2 of 4
policies. Installation of incidental appurtenances such as transformer boxes, pedestal
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mounted boxes for electricity, or similar service hardware necessary for the provision of
electric and communication utilities shall not be required to be placed underground, although
screening of such appurtenances by the use of vegetation is required.
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Underground construction and installation of utilitV lines shall also be required in
conjunction with the substantial renovation of anv existin buiWing or the redevelopment of
M Droperty. For purposes of this subsection a "substantial renovation" occurs when the
building ermit value of the renovations exceeds fifty percent 5 0% of the fair market value
of the existi'Lig improvements on the prot)ertv., as established by the Brevard Coun Pro ert
Appraiser or bv a licensed a raiser whichever is reater.
Uc The city recognizes that certain existing vhvsical elements on some properties may
impose unreasonable hardships on a pro-wily owner' s /developer's ability to comply with the
undergrounding requirements of this section Such physical elements may include, but are
not limited to soil or topographical conditions existing buildinas. swimming pools and laze
trees on confirmation of these hardships by the appropriate utility company and the city
building official and public works director the city manager may _waive the undersrounding
requirement or mav allow the waiver of one (1) required parkins space to be used for the
re4uired pad mounted transformer and switch dear when the proposed development calls for
more than ten (19jDarkina spaces.
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
City of Cape Canaveral
Ordinance No. 13 -2009
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adoption by the City Council of the City of Cape Canaveral, Florida.
ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 1 5th day of
• G
December, 2009.
a
ROCKY RAND S, Mayor
ATTEST:
/,,� Bob Hoog
Buzz Petsos
AN LA'E1PPE U 1 City Clerk Rocky Randels
C. Shannon Roberts
Betty Walsh
First Reading: 1 2 — O _0 g
Legal Ad published: 12-04-09
Second Reading: 12- 15-09
Approved as to legal form and sufficiency for
the C' o Cape Canaveral only:
ANTHONY A. GARGANESE, City Attorney
For Against
Se cond
Motion
x
x
x
City of Cape Canaveral
Ordinance No. 13 -2009
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