HomeMy WebLinkAboutOrdinance No. 25-1993NOTE: ORDINANCE NO. 25 -93, MOTION FOR FIRST READING
FAILED BY 4 TO 0 VOTE AT REGULAR CITY COUNCIL MEETING
HELD ON AUGUST 3, 1993.
ORDINANCE NO. 25 -93
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL,
BREVARD COUNTY, FLORIDA, AMENDING SECTION
659.13 E. OF THE CODE OF ORDINANCES OF THE
CITY OF CAPE CANAVERAL; PROVIDING THE BOARD OF
ADJUSTMENT WITH THE AUTHORITY TO EXEMPT ANY
LIGHTING OR ACTIVITIES FROM THE PROVISIONS OF
CHAPTER 659; PROVIDING REQUIREMENTS FOR AN
APPLICATION TO EXEMPTION; PROVIDING
CONSIDERATIONS FOR THE GRANTING OF A SPECIAL
EXCEPTION; DELETING THE APPEAL OF A DENIAL OF
AN EXCEPTION TO THE CITY COUNCIL; PROVIDING
FOR SEVERABILITY) PROVIDING FOR REPEAL OF
CONFLICTING ORDINANCES AND RESOLUTIONS; AND
PROVIDING FOR AN EFFECTIVE DATE.
BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF CAPE
CANAVERAL, BREVARD COUNTY, FLORIDA, as follows:
SECTION 1. Section 659.13 E. of the Code of Ordinances of the
City of Cape Canaveral, is amended to read as follows:
}, "' Aut` It is the policy of the
City - to minimize artificial light illuminating
within the jurisdictional boundaries of this
Chapter so as to reduce artificial light on the
beaches. However, the City recognizes that the
protection of sea turtles must be balanced with the
health, safety, and welfare interest of persons
which may warrant more light or additional beach
activity along some beaches. In recognition of the
need to balance the interest of the sea turtles
with the interests of public safety, the
�,
adsnistrater - ;,, _ shall have the
authority to exemp ' any" or activities
affected by this Chapter from any or all previsiens
of these ___M ..-_- wr-itten ....,.1 ._ -u __ ,-
aeeer-danee with Seetien 659.4:3 B-3-
rea e hing dee isle a ^ _-
€er exemption, the a"Inistrater�=
ememptien that will males possible
reasenable _L: __ of 1._41. the sea
turtles and the publie safety eeneerns.
City of Cape Canaveral, Florida
Ordinance No. 25 -93
Page 2
1. An ap lication for exemption
s a 'e madiF -, ' wr1 ing a fe
e Administrator
and shall include .. ...................�,,,.
a. A plan which shall depict the site,
location of all buildings or structures
on the site, and location of all lighting
on the site;
b. The nature of the exemption request;
C. Written reasons why the exemption should
be approved;
d. Any additional necessary or appropriate
items which the board of adjustment may
require.
SECTION 2. Severability. If any section, paragraph, phrase,
or word of this Ordinance is held to be unconstitutional or
invalid, such portion shall not affect the remaining portions
hereof and it shall be construed to have been a legislative intent
to pass this Ordinance without such unconstitutional or invalid
part.
City of Cape Canaveral, Florida
Ordinance No. 25 -93
Page 3
SECTION 3. Conflicting Provisions. Any ordinance, or parts
'.. of an ordinance, in conflict herewith are hereby repealed.
SECTION 4. Effective Date. This ordinance shall take effect
immediately upon its adoption.
ADOPTED BY the City Council of the City of Cape Canaveral,
Florida, this day of , 1993.
Joy C. Salamone, MAYOR
ATTEST:
Faith G. Miller, CITY CLERK
Approved as to Form:
John R. Kancilia, CITY ATTORNEY