HomeMy WebLinkAboutOrdinance No. 02-2006ORDINANCE NO. 02-2006
AN ORDINANCE of THE CITY OF CAPE CANAVERAL,
FLORIDA, AMENDING CHAPTER 110, ZONING, OF THE
CODE OF ORDINANCES; CLARIFYING THE BUILDING
OFFICIAL'S DUTIES AND AUTHORITY UNDER CHAPTER
110, ZONING; CLARIFYING THE GENERAL
REQUIREMENT FOR A BUILDING PERMIT; AMENDING
BUILDING PERMIT APPLICATION REQUIREMENTS;
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
lave; and
WHEREAS, the City Council and Planning and Zoning Board, as part of a comprehensive
review of the City's Code of ordinances, has reviewed Chapter 110, Zoning, and determined on
January 17, 2006, that revisions are required to clarify and simplify Chapter 110 with regard to the
duties and authority of the building official and the building permit application process and
requirements; 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 110, Zoning, of the Code of ordinances, City of Cape
Canaveral, Florida, is hereby amended as follows ( underlined type indicates additions and
type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text
existing in Chapter 110, Zoning. It is intended that the text in Chapter 110, Zoning, 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
City of Cape Canaveral
Ordinance No. 02 -2006
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ARTICLE III. ADMINISTRATION AND ENFORCEMENT
DIVISION 1, GENERALLY
Sec. 110-87. junAur cement Interpretation of chapter.
It is the intent of this chapter that all questions regardina the interpretation and g9plication
of the provisions of this chap shall be first presented to the building official and that
such questions shall be presented to the board of adjustment only on appeal from the decision of the
building official and that recourse from the decisions of the board of adjustment shall be to the courts
as provided by law . It is further the intent of this chapter that the duties
of the city council in connection with this chapter shall not include hearing and deciding questions
of interpretation and enforcement that may arise. The procedure for deciding such questions shall
be as stated in this section and this chapter. Under this chapter the city council shall have only the
duties of:
(I) Considering and adopting or rejecting proposed amendments or the repeal of this
chapter, as provided by law; and
(2) Establishing a schedule of fees and charges.
`-� See. 110 -88. Duties of building official.
(b) If the building official finds that any section of this chapter is being violated, he shall
notify, in writing, the person responsible for such violation, indicating the nature of the
violation and ordering the action necessary to correct it. He shall order discontinuance of
illegal work being done or shall take any other action authorized by this chapter or by law
to ensure compliance with or to prevent violation of this chapter.
Sec. 110-91. Conformity to plans, specifications, intended uses and applications.
Under this chapter, building permits or certificates of occupancy issued by the building
department on the basis of plans, specifications, intended uses and applications and approved by the
building official authorizing use, arrangement, construction and design shall only be as described
in plans, specifications, intended uses and applications. Use, arrangement, construction and design
at variance with those authorized by the plans, specifications, intended uses and applications shall
City of Cape Canaveral
Ordinance No. 02 -2006
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be deemed a violation of this chapter and shall authorize the buildinsa official to revoke or sus end
M reviousl issued building permits or certificates of occu anc or ursue an other remed
*jq-
necesspa to cgjU out his or her duties under this ch a p ter and other a licable law
meter d
See. 114 -92. Schedule of fees, charges and expenses.
(a) The fees and charges, in connection with matters pertinent to zonin including,. but not
limited to, zoning petitions, zoning ordinance amendments, special exceptions, variances and
appeals, shall be as set forth in appendix B to this Code. when the fee has been paid and the
application filed, there shall be no return or rebate of the fee, regardless of the city's
determination in the matter involved.
(c) No permit or certificate shall be issued and no inspection, public notice or other action
relative to zoning petitions, zoning ordinance amendments, special exceptions, variances
or appeals shall be instituted until after such fees,
costs and charges have been paid, except in those cases wherein fees are waived as specified
in this section. All fees, costs and charges, upon collection, shall be deposited in the general
fund of the city.
1
Sees. 110 -93- -114 -105. Reserved,
DIVISION 2. PERMITS
See. 110 -106. Required.
(a) No building or other structure shall be erected, moved, added to or structurally altered
without a permit issued by the building official in accordance with law. '
7XC 7�C X
Sec. 110 -107. Application,
(a) All applications for building permits required under this chapter shall be made in
conformity with this chapter and other applicable city ordinances or codes, including those
City of Cape Canaveral
Ordinance No. 02 -2006
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I MR
01-1111
-0 alif awls or'! to I KON1111-1-L" 0 al-I
go
7XC 7�C X
Sec. 110 -107. Application,
(a) All applications for building permits required under this chapter shall be made in
conformity with this chapter and other applicable city ordinances or codes, including those
City of Cape Canaveral
Ordinance No. 02 -2006
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ordinances or codes applicable to the building and construction industry. All applications for
building permits shall be accompanied by the appropriate number of copies of plans, as
determined by he building official ` , drawn to scale, showing the legal description
and the actual dimensions and shape of the lot to be built upon; the exact sizes and locations
on the lot of buildings already existing, if any, and the size, shape and location of the
building or alteration, including accessory buildings or structures, if any. The application
shall include such other information as lawfully may be required by the building official,
including existing or proposed building or alteration; existing or proposed uses of the
building and land; the number of families, housekeeping units or rental units the building is
designed to accommodate; conditions existing on the lot; and such other matters as may be
necessary to determine conformance with and provide for the enforcement of this chapter.
(b) It shall be unlawful for any person to continue construction of any building or structure
11%.o 10 ULLIM Ll LP11 LUI Ll I a F 1 V L J JA CUI -)ILV.J VV ILL U.L%., LU UALUatIftill V I L11V" U W ILL-11-ml 6 R- cir structure
beyond
rade beam form stemwall form or monolithic slab form as appr o riate to the e of
foundation construction until a scaled form -board survey has been prepared ill by
a Florida licensed surveyor and approved by the building official.
One copy of t he survey shall be filed with the city.
The form -board survey shall be indicative of the intended lacement of concrete for the
foundation of the structure and shall include at a minimum the name and address of the
ro' ect the elevations at the to of the forms the elevations of the centerline of the abuttin
roadway the dimensions for the structure the dimensions to the pro lines and the
dimensions to other structures and improvements located on the same lot.
See. 110 -108. Expiration.
The expiration date of the building permit shall be in accordance with the
building code adopted in section S2 -3I .
Sees. 110- 109 -- 110 -120. Reserved.
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 S. Sevearability. If any section, subsection, sentence, clause, phrase, word or provision
City of Cape Canaveral
Ordinance No. 02 -2006
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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.
ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 21St day of
March, 2006. (Rcr,Skx..Ck
ROCKY RANDELS, Mayor
ATTEST: For Against
Bob Hoog Second
LL Jim Morgan Motion
Leo Nicholas X
SUSAN STILLS, City Clerk Rocky Randels _X_
Buzz Petsos X
First Reading: 03-07-06
Legal Ad published: 03-11-06
Second Reading: 03-21-06
Approves .s to legal form and sufficiency for
the Ci , of ale Canaveral only:
NTHO wirA. GARGANESE, City Attorney
City of Cape Canaveral
Ordinance No. 02-2006
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