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HomeMy WebLinkAboutOrdinance No. 15-2005ORDINANCE NO. 15 -2005 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING ZONING SETBACK ENCROACHMENT EXCEPTIONS; PROVIDING FOR EMERGENCY PAD MOUNTED GENERATORS; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE CODE, SEVERABILITY, AND EFFECTIVE DATE. WHEREAS, the City is State constitution, to exercise prohibited by law; and granted the authority, under Section 2(b), Article VIII of the any power for municipal purposes, except when expressly WHEREAS, the City Council finds that as a result of the recent hurricanes, power outages have become a public safety concern; and WHEREAS, the City Council finds emergency pad mounted generators can be installed and provide homeowners and businesses with in the case of a power outage; and WHEREAS, the City Council finds emergency pad mounted generators require regulation in order to protect the public safety; and WHEREAS, the City Council finds that under the current code, many residences and businesses will be unable to install an emergency pad mounted generator due to minimum building setback lines; and WHEREAS, the City Council hereby finds that this ordinance is necessary to protect public safety and permit emergency pad mounted generators that meet specific regulations in the side setback of areas 9 and WHEREAS, the City Council of the City of Cape Canaveral finds that this Ordinance is 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 110 of the Code of Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows: (underlined type indicates additions and �t type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance o f text existing in Chapter 110. It i s intended that the text in Chapter 110 denoted by the City of Cape Canaveral Ordinance 15 -2005 Page 1 of 4 asterisks and set forth i this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance). CHAPTER 110. ZONING ARTICLE IX. SUPPLEMENTARY DISTRICT REGULATIONS DIVISION 1. GENERALLY 7� �C Sec. 110 -484. Emergency pad mounted generators. (al The term "emerRencv pad mounted 9 enerators" ( "EPMG ") shall mean the residential or commercial use of a ground mounted standb g � eneratar system to be utilized in emerfzency outage situations. (b) This section refers to EPMGs s government or private facilities where life safety does not depend on the performance of the system. (c) All EPMG units and installations must meet all the requirements of this Code, as well as all other appropriate technical codes and any gpi)licable manufacturer specifications. (d) The EPMG ma�v be used in emerRency situations where there is a P oWer outave. (e) Testl*nR,, diagnostic and maintenance procedures matey occur during daylight hours b AM and 5:00 PM at a maximum of once per w (f) Installation of an EPMG shall comply with the following restrictions: X11 A permit shall be obtained from the building official pnor to any installation. (2) The installation shall meet all applicable building, electrical and technical codes. 3) The EPMG shall not encroach more than five and one -half (5 %2 feet into any required setback, and in no case shall be any closer than two and one -half (2%z) feet from aany property line, fence or other structure. City of Cape Canaveral Ordinance 15 -2005 Page 2 of 4 (4) The EPMG shall not be installed i*n an easement. X51 The EPMG shall be fastened to a minimum three and one -half (3 %2) inch thick concrete pad or manufacturer - approved pad. (6) Exhaust termination shall be located as prescribed within the technical codes referenced in Chapter 82 of this Code. (7) The EPMG shall be situated near the existing electrical service entrance of the structure and screened from public view. (81 Permanent si*waRe shall be placed at the service entrance equipment indi'cati`ng t e We and location of the--EPMG. (9) For EPMGs that produce a carbon.tvpe exhaust., a permanently wired carbon type exhaust sensor, with a ba ck -up, shall be located within the residence served. The location shall be approved by the building official. (10) One side setback on the property shall remain open space in accordance with this Code. Secs. 110 - 485 -110 -490. Reserved. DIVISION 5. SETBACKS Sec. 110 -538. Encroachments. Every part of every required setback shall be open the sky, except as follows or as otherwise permitted in this and unobstructed from the ground to chapter: (15) Emerpency load mounted generators as provided for in section 110 -484. Section 3. Repeal of Prior Inconsistent Ordinances and Resolut*ons. 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. City of Cape Canaveral Ordinance 15 -2005 Page 3 of 4 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. 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. ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of , 2005. • P* . Rocky Rand Is, MAYOR ATTEST: FOR AGAINST Burt Bruns Second Susan Stills, CITY CLERK Bob Hoog X Jim Nbrgan X Buzz Petsos Motion APPROVED AS TO FORM: Rocky Randels X First Reading: 09-05-05 Legal Ad published: 09-10-05 Second Reading: 09-20-05 Approved as to legal form and sufficiency for the Cit . f ape Canaveral only: P ANTHONY A. GARGANESE, City Attorney City of Cape Canaveral Ordinance 15-2005 Page 4 of 4