HomeMy WebLinkAboutOrdinance No. 05-2006ORDINANCE NO. 05 -2006
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 110,
ARTICLE III, DIVISION 3, REGARDING CERTIFICATES OF
OCCUPANCY; CLARIFYING THAT NO STRUCTURE
SHALL BE USED OR OCCUPIED UNTIL THE BUILDING
OFFICIAL HAS ISSUED A CERTIFICATE OF OCCUPANCY
THEREFOR; PROVIDING FOR THE REPEAL OF PRIOR
INCONSISTENT ORDINANCES AND RESOLUTIONS;
INCORPORATION INTO THE CODE; SEVERA.BILITY; 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 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
February 21, 2006, that revisions are required to clarify Chapter 110 with regard to certificates of
occupancy; and
WHEREAS, the City Council desires to amend Chapter 110 of the City Code with regard
to certificates of occupancy in order to make the code consistent with the Florida Building Code's
provision related to certificates of occupancy; 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. 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)
City of Cape Canaveral
Ordinance No. 05 -2006
Page 1 of 3
CHAPTER 110. ZONING
ARTICLE III. ADMINISTRATION AND ENFORCEMENT
DIVISION 3. CERTIFICATE OF OCCUPANCY
Sec. 11 0- 121. Required.
No buildina or structure shall be used or occupied, and no char e in the existing occupanc
classification of a build in or structure or p ortion thereof shall be made until the building official has
issued a certificate of occllpangy therefor. Issuance of a certificate of occupancy shall not be
construed as an a roval of a violation of the provisions of the ci code or an other applicable law.
INU lallu VI UU11U.11J. U.J. J Jal L erected 01- aQJ'L*L%-,I- Ca d Ii-L., its use or structure sti
U Ui I M11 v T I I Clal SIMI 1 11" V %./ T 5" Mou a I LI I I %.., CL Lt.., Ul V%.A.,,LL 111 LITaL SuCal lailu, uullulll W V CLI L
Llllo� Cliapt. . If issuance of such certificate is refused, the building official shall state such refusal in
r writing with the reason. A temporary certificate of occupancy may be issued by the building official
for a period not exceeding six months during alterations or partial occupancy of a building pending
its completion, provided that such temporary certificate may require such conditions and safeguards
as will protect the safety of the occupants and the public.
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.
City of Cape Canaveral
Ordinance No. 05 -2006
Page 2 of 3
Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption
by the City C ouncil of the City of Cape Canaveral, Florida.
ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 20th day of
June, 2006.
f ..
ATTEST:
" s r
SUSAN X T , LS �Ity Clerk
ROCKY RANDE S, Mayor
Burt Bruns
Bob Hoog
Leo Nicholas
Rocky Randels
Buzz Petsos
First Reading: June 6, 2006
Legal Ad published: June 10, 2006
Second Reading: June 20, 2006
Approv d to legal form and sufficiency for
the yo e Canaveral only:
ANTHONY A. GARGANESE, City Attorney
For Against
Second
Motion
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- X
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x
City of Cape Canaveral
Ordinance No. 05 -2006
Page 3 of 3