HomeMy WebLinkAboutOrdinance No. 12-2003 ORDINANCE NO 12 -2003
(ire AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CAPE CANAVERAL, FLORIDA, AMENDING THE CITY OF
CAPE CANAVERAL CODE OF ORDINANCES, RELATING
TO UNIFORM PROCEDURES REGARDING THE
OPERATION OF CITY BOARDS AND COMMITTEES;
PROVIDING FOR A PURPOSE AND INTENT; PROVIDING
FOR DEFINITIONS; PROVIDING FOR REQUIREMENTS OF
MEMBERS; PROVIDING FOR THE APPOINTMENT AND
REMOVAL OF MEMBERS; PROVIDING FOR A TERM;
PROVIDING FOR TERMINATION DUE TO ABSENCES;
PROVIDING FOR ELECTION OF A CHAIRPERSON;
PROVIDING FOR THE APPOINTMENT OF ALTERNATE
MEMBERS; PROVIDING FOR THE REPEAL OF PRIOR
INCONSISTENT ORDINANCES AND RESOLUTIONS;
PROVIDING FOR INCORPORATION INTO THE CODE;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the City is granted the authority, under § 2(b), Art. VIII of the State
Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
ar law; and
WHEREAS, the City Council desires to enhance the public's respect and confidence in the
municipal services delegated to, and performed by, city boards and committees and to ensure that
decisions of boards and committees are in the best interests of the city; and
WHEREAS, in furtherance of this goal, the City Council desires to establish uniform and
consistent procedures and requirements for the various city boards and committees, including but
not limited to procedures and requirements for establishing and/or abolishing boards and committees,
and appointing and removing members thereof, and for conducting board and committee business;
and
fi
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:
City of Cape Canaveral
Ordinance No 12 -2003
Page 1 of 17
Section 1. Recitals. The foregoing recitals are true and correct and are fully
C y, incorporated herein by this reference.
Section 2. Chapter 2 Code Amendment. The City of Cape Canaveral Chapter 2
is hereby amended as follows: (underlined type indicates additions and strikeout type indicates
deletions, while asterisks (* * *) indicate a deletion from the Ordinance of text existing in Chapter
2. It is intended that the text in Chapter 2 denoted by the asterisks and set forth in this Ordinance
shall remain unchanged from the language existing prior to adoption of this Ordinance).
Chapter 2 - Administration
* * *
Article IV. Boards, Committees, Commissions
Sec. 2 -171. Uniform Procedures and Requirements.
Purpose and intent; Conflicts. The purpose and intent of this section is to enhance the
public's respect and confidence in the municipal services delegated to and performed by,
city boards and committees and to ensure that decisions of boards and committees are in the
best interests of the city. The purpose of this section is also to establish uniform and
consistent procedures and requirements for establishing and/or abolishing boards and
committees, and appointing and removing members thereof, and for conducting board and
committee business.
To the extent any provision of this section conflicts with any other provision of this Code,
it is the intent of the city council that the provisions of this section shall prevail. To the
extent the provisions of this section are preempted by state or federal law, it is the intent of
the city council that the provisions of state or federal law shall prevail.
Lbj Definitions. As used in this section, the terms or phrases listed in this subsection shall have
the following meaning:
(1) "Registered Voter" shall mean a person duly registered to vote in City of Cape
Canaveral elections at all times while serving on a board or committee.
(2) "Resident" shall mean any person living within the city limits at all times while
serving on a board or committee, and at least twelve (12) months prior to being
nominated, elected or appointed to the board or committee.
fcl Requirements ofboard and committee members. Any person nominated, elected or appointed
to serve on a board or committee of the city shall satisfy the following requirements:
City of Cape Canaveral
Ordinance No. 12 -2003
Page 2 of 17
I
W Complete a board or committee application as prescribed by the city council; 1
Ce. f2) i
Consent to a standard criminal background check, at the discretion of the city
council; t
1
1
Q Be a Resident and Registered Voter as defined by this section unless the city council
by unanimous vote waives this requirement upon a determination that a vacancy on
a board or committee must be filled by a person with specialized skills and training
and a Resident and Registered Voter with such skills and training cannot be
reasonably found to fill the vacancy. If said requirement is waived, the vacancy shall
only be filled by a person who is a resident of the city or who owns a business or real
property within the city; and
Have never been convicted or found guilty, regardless of adjudication, of a felony in
any jurisdiction, unless their civil rights have been restored. Any plea of nolo
contendere shall be considered a conviction for purposes of this paragraph.
r
15,), Complete interviews with the board or committee on which the person is seeking
appointment and with the city council.
(d) Limitation on number of nonresidents serving on boards and committees. Notwithstanding
the foregoing, the maximum number of persons not satisfying both the residency and 1
registered voter requirements of this Section that can serve on a particular board or
' (ir'e committee shall be equal to twenty -five percent (25 %) of the total number of voting board
or committee members allowed to be appointed or elected to that particular board or
committee.
f) Appointment and removal of members . All persons shall be appointed to, and removed from
city boards and committees by majority vote of the city council and by resolution, unless
otherwise provided in this Section. Board and committee members shall serve at the
pleasure of the city council and may be summarily removed at any time with or without
cause. A board or committee appointment shall not be construed as creating or conferring,
upon any person, any right or interest in serving on a board or committee including, but not
limited, to a contract, liberty, property or vested right.
CD Term. All board and committee members shall be appointed to serve three -year terms and
may be reappointed by the city council for subsequent three -year terms without limitation.
Notwithstanding, the city council may appoint a member to a term of less than three year
in order to stagger the terms of the entire board or committee. If a member is removed, or 1
vacates their appointment for any reason, including death, excessive absence, or resignation, 1
prior to the expiration of their term, the city council may at its discretion appoint an
individual to serve the remaining portion of the unexpired term. s
City of Cape Canaveral
(ite Ordinance No. 12 -2003
Page 3 of 17
(g) Absences. Any board or committee member incurring five (5) consecutive absences from
any regularly scheduled meeting of the board or committee, or seven (7) absences from any
meeting of the board or committee within a twelve -month period, (starting with the last
absence and counting backward), shall be deemed automatically removed from the respective
board or committee in which the absences have occurred. Any meeting which is cancelled,
other than for a lack of a quorum, shall not be counted for purposes of determining
absenteeism. Absences which occurred prior to the date of reappointment of any board or
committee member shall not be counted toward automatic removal. However, if any board
or committee is regularly scheduled to meet less than once per month, a board or committee
member shall be automatically removed if the member fails to attend forty percent (40 %) of
the regularly scheduled meetings within a twelve -month period.
Compensation. All board and committee members shall serve without compensation, except
as provided in the City Code for per diem subsistence and travel allowances for official
travel.
Chairmanships. Each board and committee shall be responsible to elect, by majority vote
of the members of each board or committee, a chairperson and vice - chairperson. The
election shall occur annually at the first meeting held in January, unless there is no January
meeting, then the next meeting held. All newly established boards and committees shall
make such elections at their first regularly held meeting and then annually as stated above.
Alternate members (as provided below) shall not be elected to positions of chairperson or
vice - chairperson. All meetings shall be as regularly scheduled and at the call of the chair and
at such other times as a majority of the members of any board or committee may determine
Q) Rules and Procedures. The city council may adopt and amend, from time to time by
resolution, general and quasi-judicial rules and procedures for boards and committees. All
boards and committees shall at all time comply with the general rules and procedures, and
when applicable, the quasi-judicial rules and procedures. A board or committee may adopt
additional rules and procedures provided that such rules or procedures are supplementary in ?
nature and not inconsistent with the rules and I rocedures adopted by the city council and any
federal, state, or local law. Any rule or procedure adopted by the board or committee may
be amended or repealed by the city council.
flo Quorum; board actions. A majority of the members of each board or committee shall
constitute a quorum. The affirmative vote of the majority present shall be necessary for any
board actions; provided, however, it shall take three (3) affirmative votes to pass or approve
any action, unless a super- majority is otherwise required by local, state or federal law.
Public meetings; minutes. All meetings of boards or committees shall be open to the public. ?'
The city manager shall designate a secretary, for each board or committee, whose duties shall
City of Cape Canaveral
Ordinance No. 12 -2003
Page 4 of 17
1
i
l
include keeping minutes of all the meetings of the board or committee and recording the 1
actions and/or recommendations of each board or committee, including showing the vote of
Cip, each member upon each question or if absent or failing to vote indicating such fact. The city
manager may appoint a board or committee member to serve as secretary. The city shall be
custodian of all records of the boards or committees, and such records shall be maintained I
in the same manner as other city records.
(m) Alternate members. At the discretion of the city council, two (2) alternate members may be
appointed to each city board or committee. Alternate members shall be provided with all t
agendas and documentation provided to regular members and shall be permitted to provide
input during discussions. Alternate members shall not be permitted to vote on matters before
the board unless they have assumed the duties of an absent regular member.
i
The member of the board or committee who has served longer as an alternate member shall
be the first alternate board member. If the first alternate member leaves the board or is
appointed as a regular board member, the successor to the first alternate board member shall
be that alternate board member with the longer service as an alternate member. The next
appointed alternate member shall be designated as the second alternate board member.
In the absence of a regular member from an official board meeting, the first alternate board
member shall assume all duties of the absent regular board member, including the right to
vote on any matter before the board at the meeting. If two (2) or more regular board
members are absent from an official board meeting, the second alternate member shall
(,. assume all duties of the absent regular member, including the right to vote on any matter
before the board at the meeting.
In the absence of the first alternate board member from an official board meeting, the second
alternate board member shall act in the place of the absent first alternate, including the right
to vote on matters before the board at that meeting if a regular member is absent at the
meeting.
La) Ad Hoc Committees. The city council may create by resolution, from time to time temporary 1
ad hoc committees to serve a limited purpose. The resolution may exempt the committee 1
from all or part of the requirements of this Section.
(o) Interviews. Prior to a person being appointed to a board or committee, the person shall be
interviewed, in person, by the board or committee on which the person is seeking
appointment and by the city council. The board or committee shall make a recommendation
to the city council on whether the person should be appointed to their respective board or
1 committee based on the requirements of this Section.
Secs. 2.17 +2 -2 -180. Reserved.
City of Cape Canaveral
: C Ordinance No. 12 -2003
Page 5 of 17
i
R
3
I
f f
Sec. Established, s .
1
(a) A beautification board, which shall consist of seven members
is established.
f the beautification board shall be resid ats of the city for at least 12 inonths
•
r
t i
3 [f .
• • - . .11 .
• • ■• . • • •••• . . • - • III , • . #
(c) The two alternates shall b.. restrictcd-f1 ,m votin as specified in subsc. t1 11(c) of this
. . • . - . • . • •• 111.11 . • • . • • • • • : • :1 1 1 • • 1 , i
• • •.: . • • . . • • 111. 1
c. k • _
• • .• • • . • : • • 0.•1 • • . . • •• • • • •
sccund alternate board ,11t.inbcr.
. • • • • :. • ..: . . • • . • Via, �, • •
•
1
• - • official board 'fleeting, the second
• • ..: • • • • . • 1 • 1 • • - , •.
•
•
•
Sec. 2 -182. Meetings, .
(a) Regular meetings of the beautification board shall be held at least once each month at the city I
4 hall, and special meetings of the board shall be held at such times and at such places as the • $ board may direct. . _ . .. . . .. . ' . ..• . • . •• . ... '
} . - .... - • .... ••• . . : • •1 . 1 • . • VII - , .. • • • • '
i •• : . . , .. , •. • •11 •. • • • •. .
•
. • :1 . • - - . . .. - . . - : . : . : • ' -
. • • • . • .1 1 1 . • , • - • •1 . . • . V. 1
I •
City of Cape Canaveral
C.,
Ordinance No 12 -2003
Page6of 17
i
a
t
Sec. 2 -183. Reserved.
1
Cii, . g
l
.. • • - I I - • . 1 - • ' . 1 ..1 . ' ' - . . . - . / • - •• • 1 VI
t
* * *
t
i
Section 3. Chapter 10 Code Repeal. The City of Cape Canaveral Code, Section 10- g
27, is hereby repealed.
* * *
d
Section 4. Chapter 22 Code Amendment. The City of Cape Canaveral Code, t
Chapter 22, is hereby amended as follows: (underlined type indicates additions and strikeout type
indicates deletions, while asterisks (* * *) indicate a deletion from the Ordinance of text existing i
in Chapter 22. It is intended that the text in Chapter 22 denoted by the asterisks and set forth in this
Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance).
I
I
Chapter 22
Community Development t
i
1
C , Article II. Business and Cultural Development Board
t
I
* * *
i
Section 22 -28. Composition; qualifications. 1
The business and cultural development board shall consist of five regular members and foul alternate
members.
1
t
Sec.22 -29. Tern- of-Office Reserved. l
1
• • - .. . . - 1 1 . . , . • • • . . - . 1 . • • . - . • • . . • , , •
of tlhc .,itytivcincil fo1 sta tciiiis of two yt,ais.
Section 22 -30. Vacancies Reserved.
• • 11 • .1 •1 . , 1 • • • •• 111.1• • • . • , .• .
twin by the City Cuunc11. I
City of Cape Canaveral 1
Ordinance No. 12 -2003 z
(I Page7of 17
i
9
1
1
Sec. 22 -31. Removal Reserved.
, c , . • .1 i
F
s shall be sci vcd.
i
E 1
Sec. 22 -32. Reserved.
i
.. • . . . : . • • . ..:1 . • :.. • • - • . • : • . :1 •
■
. • . . 1 , •• • . • • . • . . . • - • • . - .
I
* * *
•
Article III. Community Appearance Review
1
* * * r
• Sec. 22 -37. Board established; membership; qualifications of members. 1
f
(a) Established. There is hereby established a community appearance board which shall consist
i
of five members •• . . .. . . . • . ... .•.: •
. : 1 . • 1 - 1 • , .1 •• • •. . - -- .. 1 : • • •• : • •. •
absent. - . . ...1.- . . -. ...• -..• ,'. ••. -. - • •.1 . Voting
••' _ .. • • : . ...
: . .. - . . - - • . • - - • • - • . • ' • • • . .. •
yeas tams.
(b) Rt,nuvul, Vuc.uru y. MI,111btAb may Lt.. iL,movcd by inajuiity votc of the L•ity council at will.
- - .. - .... . . . - . . .1 •• . . - • . • 1 - • . •
1
• • • • • • • • • . :1 • . - • • • • . . • . •
. • • • - - • . . • • - • •• - . - •• ••
• • • •• . .
• Council. • (b)(-c-) Qualifications. • • • • • •• - •
• • • • • • • • • • • - •• . All members shall be qualified by
reason of training or expertise in art, architecture, community planning, land development,
3 real estate, landscape architecture or other relevant business or profession, or by reason of
civic interest so as to be considered a sound judge of the aesthetic effect and impact upon
i
City of Cape Canaveral
Ordinance No. 12 -2003
9
Page 8 of 17
i
1
i
1
1
1
1
1
g
k property values, desirability, and the economic, social and cultural patterns of the community
I of a proposed building or structure on surrounding areas.
1 Sec. 22 -37. Reserved.
s I • y • 1 1 • . • • .1 • 11•111 . • • • •• • 1 • • • • VI . 1 • . • • •
i
city council which 'elate to quasi-judicial braids. The co�ln�lunity appearance boar shay
..•• .11 1 . .11. • 1• . • .•• • 1 11 • , .11 '
s ■• •
}
••• .• • •••• 1•• • 1• 1 •
, , . .. 1 . • • 1 • • 1 1 , .• • , a • 1 . • • •• •
•• • . • • . • . . • • . ' 1 1 1 — . .
1 ..
Sec. 22 -39. Proceedings of the board.
(a) At t11�, Initial iilectings, and thereafter annually, the board shall elect a cliaiipCi soirand a vice-
'$ s nay saccccd tlhnasclvcs. . ' . • 5 V • ' — • • •
. • , • • 111 • • • 1 - • • 1 • • 1 .1 1 • 1 •1 • • •
minimunr of dac prv.,L.ss to all intcrcstcd pal tics. Meetings shall be held on the first and third
Monday of each month unless no business is presented to the board for a particular meeting.
• _ • . The time and place of meetings, and the order
n
:us:nes: f b nd pdure to be followed at meetings, shall be prescribed by the board. *
• • V. 1 • 1 • • 1 • • • • • • 1 . 1 • 1 .1 1 • • 1 1 • 1 1 1 • 1 1 .
1 (b) The city shall provide administrative, legal, architectural and other professional expert
1 services deemed necessary for the board to perform its duties and obligations under this
article.
* * *
1
1 Section 5. Chapter 46 Code Amendment. The City of Cape Canaveral Code,
1
Chapter 46, is hereby amended as follows: (underlined type indicates additions and strikeout type
f indicates deletions, while asterisks (* * *) indicate a deletion from the Ordinance of text existing I
1 in Chapter 46. It is intended that the text in Chapter 46 denoted by the asterisks and set forth in this
Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance).
Chapter 46 - Library
City of Cape Canaveral
Ordinance No 12 -2003
Page 9 of 17
, (,..,
i
f
* * *
C I:e Article II. Library Board g
Sec. 46 -26. Created, .
l
4
(a) There is created a library board to consist of five members . Such
■ • • • • • . 1 1 • 1/ .11 • ■ :0111 1 • •• 1 -• • I
1
i
(b) T11c -ttims shall ca in the inonth of October of cak.h ycar.
1
ycar.
i
Sec. 46 -27. , ; eExpenditures.
. 1 • • • • • •11•1 • ■ • 111 1 •• .1 .1 1 :1•• 1 •••
■ , 1 •111 :11 • • • • • • :0 V. .1 • 1 : 1 • 1 • ' • • • :1 1
c/mlicil.
c ..
(1,) The library board shall have exclusive control of expenditures of all monies collected or
donated to the credit of the library fund.
1
Sec. 46 -28. Reserved.
• . • . •• 1 ' / . . . ■ - 1 . • . . • ■ 1 : 1 . . . . 1 1 . ' . 1
1
Sec. 46 -29. Reserved.
If a 1ut,1ilbcr of t11c library bard 111isscs two out of thrLc consccutivc rc�ular 111 the
board may 1cco1n111c11d tot he .,ity wunCil that - Ui in aitbcr's uffn.c be vaL,atcd.
t
s
* * *
Section 6. Chapter 54 Code Amendment. The City of Cape Canaveral Code, j
Chapter 54, is hereby amended as follows: (underlined type indicates additions and strikeout type
indicates deletions, while asterisks (* * *) indicate a deletion from the Ordinance of text existing
in Chapter 54. It is intended that the text in Chapter 54 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
(01 Ordinance No. 12 -2003
Page 10 of 17
I
i
Chapter 54 - Parks and Recreation
I
1 *
C
Article II. Recreation Board t
i
Sec. 54 -26. Established. I
i
1
I (a) There is created a recreation board to consist of seven members .
i
1 ■
1
• •, :.: • : . ... • •.• .,
. - • • • . :. •1 • • • •1 . • • a •
•
..
1
• ■ .: • 1 • • • 1 • - • . : • • • • : •
• •
• 1 _ • • • • . • • • • 1
5
I
(d) The two altcrnatcs shall be restrictcd from votin cxccpt as spccificd in subsection (0 of this
i
section.
_ . •
t 3
•1 . • • • • • . 1 • • 1
. 1 • • • • • . 1 • • • : • • . • • :1 • • • •1 . • ,
1 • . . 1 • 1 . • 119.11
- • • • • -
1 • • . 1 . •1111• . • • 11••11 1 • 1 1 • • 1 1
a
2
k
1 (f) In thc abscncc of a is crlar - board lli.,rnbc from an official board 1ncctin thc fast altcrnate
i
• • • • • •••1 11. - . . . It . 1 • • •• . 1 :, . • • •
• • • • 1 • • 1 • . 1 • : 1 • .. • :, .1 :1 •1
• • , 1. : • •• • • • • • • •••1 • : : 1 •
: • • • • • .: . ■ • • • • 1 • . • • • •
• • .:1 . 1 - • • - • • • • • . • , PI — •
—
•
/ II • . • • • • • • • • • • • ■•
1
Sec. 54 -27. Reserved.
, Any 1m 1nb‘.,r of the rccication board ni ssing thrcc consccutivc nlcctin or 50 perccat of the
a.
1 City of Cape Canaveral
z Ordinance No. 12 -2003
Page 1 1 of 17
3.
f
t
1111. 11••11 •• 1111 •1111 11.11 .
ci,
* *
K
1,.
Section 7. Chapter 58 Code Amendment. The City of Cape Canaveral Code,
Chapter 58, is hereby amended as follows: (underlined type indicates additions and strikeout type
indicates deletions, while asterisks (* * *) indicate a deletion from the Ordinance of text existing
in Chapter 58. It is intended that the text in Chapter 58 denoted by the asterisks and set forth in this
Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance).
Chapter 58 - Planning
* * *
Article II. Planning and Zoning Board
Sec. 58 -26. Established, ,
(a) The planning and zoning board is established. of thc planning and wring
1111.1. • • •• • • 1 • • • • . . The board shall consist ofseven five members. Five •
. . . - . . -. • . •• . . - : - • - . . . .
•. • ) 11 • 11 11 I . :— .
(b) All terns of ufficc V the 1 /fannin g and zoning board shall bc for two years.
(c) Appointincnts to thc board shall bc malt by majurity votc of the City Council. I
Lliainnan for a p A iod of one year.
Sec. 58 -27. Qualifications-Reserved.
I
• 11 -. • 1111. -. 1 • • 1 : •, . . 1111• . • - . . •• 11 11 :
-
1 1 • • 11 . • :1111.
•
a
1 Sec. 58-28. - Reserved.
i
i
(a) The planning and Luning board may appoint cx- uff�cio in ,mbcrs who shall serve the board
:. . • :.: . —. 1 1 • 11 .1111 1 1 • ,. • ., .
n
I
City of Cape Canaveral
Ordinance No. 12 -2003
i C
Page 12 of 17
3
1
a
1
i
i
11•I • • • •1 11 1 • • •• 11•1•1•,•1 • • • • .1
c S-eptember-1-57 ?
f
•1 • • • • •1• • •• • —• • 11 • • • • •• 1
r• - • • • •• • - • •. -• • • • .111
• • • • • • •
11 • 1 • • - all • • - VIPs . , 11 1 • • 1 • :1 • •1 • • • • • • 1 • • •
• •11 : • •1 1 11V • •• of • 1 • • • —• • . •• •1•
• •• • • • 111 1
Sec. 58 -29. Reserved.
i
. i s
• . • • • •11 -:1 • - • ;011•111
11 : 11 • • ,• • •
• - • • • • , • . 1 • • 1 - - • • • • • • • • • :1 • •
• :1 • 1 - • • • • • • — • ; • • • • • •
1 1 0 • • • • , ,: •1 , ••• • • 1 1: • • Vol • •
• • • ••• V. '• • • • ••• 1 •• • • • 51 • • , :1 •
• • • - 11 • : 1 • - - - • • • • 1 • • . • • • • •• • • 1 • •
•
C i
Sec. 58 -30. Reserved.
1 ,
k
. • 1 : : 1 1 • • ••••111 • •••• • •' 1 • . . 11 - • 1 , - • • • • •
•• • •• • • 1 :1 • • .•1: 1,
Sec. 58 -31. Quorum Reserved.
• • • - • • 11 :1 I . • V • 1/1/ • 1 • • , • 1 1 . , • - ,
• • : • • • • . 1 1 0 ■ • , . • • • •1 • • • - • • , • •, :.•
• •1 • • • : 11 .
1
Sec. 58 -32. Reserved.
(a) The 111c11bcr of tlic plalllliilg and Lulling board who has scrw,d loll as an altcnlatc braid
• . : .. :11 . ••• 1 •
t
i
City of Cape Canaveral
Ordinance No 12 -2003
Page 13 of 17
i
i
i
1
1
r
t
..., . . •.... V. . '. •s. ... . - -
C : _ F
....' .. . ..... - . - - . . . - . - . • • . . • .•:,.
: . , • • I .. . . . . - . •111 ' • .. :. a, ..•, .
• , • • • • • - • a • • . . 11..1 1 . • • • . .
. • • ■ all • • •. :. • - . - , .. • - • 11 11 •
., • • . • 111•1 . • • - - •
(c) In thc absence of the fist alternate board mcinbci frurii an miff cial board incctin thc sccui1d
• . .. • . . - . • - . . - . - .. - . • , .. • .e I '.
• . • . • 1111: . • . _ _. . 1111 •
meeting.
I
Sec. 58 -33. Minutes Reserved.
i
• .. - . . . . - - - .. . 1111 u . . - - - . . - -
all thc board's incctiii and iccoidmg the board's actions and rccolinnendations. The city cicik
. . . - .. . . • - . . . .•• 1 :, • I . . • . • • . • •
* * *
Section 8. Chapter
82 Code Amendment. The City of Cape Canaveral Code,
Chapter 82, is hereby amended as follows: (underlined type indicates additions and strikeout type
indicates deletions, while asterisks (* * *) indicate a deletion from the Ordinance of text existing
in Chapter 82. It is intended that the text in Chapter 82 denoted by the asterisks and set forth in this
Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance).
Chapter 82 - Buildings and Building Regulations.
* * * 1
Article II. Building Code
* * *
Sec. 82 -32. Establishment of construction board of adjustment and appeals.
There is hereby established a board to be called the construction board of adjustment and appeals,
which shall consist of five members. ... . • . •.... . .. • WV
(a) [Composition.- Members of the construction board of adjustment and appeals should be t
composed of individuals with knowledge and experience in the technical codes, such as
design professionals, contractors or building industry representatives.
• • . . . . . .
City of Cape Canaveral
C. Ordinance No. 12 -2003
Page 14 of 17
e
t
t
I
9 . . II V V V V. V IP • . ••• • . . .. • ,
C. •.....
.. ..•• ••• . • eV 1 : V VII • V • 9 I
from officc.
- • (
. : I
i
(d) - - . • . _ ... I. 11 1 : 1 • 1 - 1 - _ : : • - • • . 3
11•1 1 • 1 • .1 • 1 • 1 . 1 . • • . • i •• • • k
e
of a 11
(e)(b) Powers. The construction board of adjustments and appeals shall have the power, as further i
defined in section 82- 2-933to hear appeals of decisions and interpretations of the building b
official and consider variances of the technical codes.
* * *
Section 9. Chapter 110 Code Amendment. The City of Cape Canaveral Code,
Chapter 110, is hereby amended as follows: (underlined type indicates additions and shikcoat type
indicates deletions, while asterisks (* * *) indicate a deletion from the 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 ng
Article II. Board of Adjustment
Division 1. Generally
Sec. 110 -26. Established,
i
(a) A board of adjustment is established, which shall consist of five members
members appointcd by the City Council.
. . : 1 : - : . - - . ..: 1 1 :1. • • . - ' 1 - .
be-registered-voters.
. 1 ..:1 . • • i. - - • . •... 1 • ••-- 1 . 1 • .1 • 1 .15 5 , • :1 5 5 • •1 1 1 ..•1 1 . • 11 • . 5 1 • 1
1
..:1 i . :.•
.
1
i
City of Cape Canaveral
Cle Ordinance No. 12 -2003
Page 15 of 17 1
i
l
E
l
i
i
Y
Sec.110 -27. Proceedings.
@
(a) - ..i. •.■ - • •.. • . - - - - • • • • .. • • • • • ' k
I
• • . . • :... • . • . • • • • . The chairman or, in
his absence, the acting chairman may administer oaths and compel the attendance of
witnesses. - - ■ . • - . • • • ..
i
(b) The board of adjustment Jhall kccc, ininutcs of its procccdin bin,wing the votc of at,h
• - ... . •• - - ' . • •• • • : • •• . • . . . • . /
€ i •
• • • • •1 • • ' • • • • • • • • , . • • • • • • • . • • • • • •
• • • • • • - . - • - 1 • - • . • .1 • • . • .
g .
* * *
Sec. 110 -32. Decisions. E
F
In exercising any of the powers listed in this article, the board of adjustment may, so long as
the action is in conformity with this chapter, reverse or affirm, wholly or partly, or may modify the
order, requirement, decision or determination appealed from and may make such order, requirement,
decision or determination as should be made and to that end shall have all of the powers of the
building official from whom the appeal was taken. The concurring vote of four members of the 1
c., board of adjustment shall be necessary to reverse any order, requirement, decision or determination
of the building official_ . .. .. . • . . • .. ' .. • • • . .
• V. 1 1 • •11 . . ; • ; : '. :.. : '. . - : .
L
* * *
Section 10. 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.
,
i
Section 11. 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.
t
1
Section 12. 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.
I
City of Cape Canaveral
I
cs , Ordinance No. 12 -2003
Page 16 of 17
i
l
1
z
i
i
t
Section 13. Effective Date. This Ordinance shall become effective immediately upon
adoption by the City Council of the City of Cape Canaveral, Florida, and as provided by City
Charter.
ADOPTED by the City Council of the City of Cape Canaveral, Florida, in a regular meeting
assembled on the 1 day of July, 2003.
• ROCKY RANDEI;S, Mayor
ATTEST: For Against
Bob Hoog Second
Jim Morgan Motion
►"-' _�L'�� Buzz Petsos X
SUSAN TILLS, City lerk Rocky Randels X
Richard Treverton X
First Reading: 6/17/03
Legal Ad published: 6/21/03
Second Reading: 7/1/03
Approved as to legal form and sufficiency for
the City pe Canaveral only:
ANTHONY A. GARGANESE, City Attorney
t
F: \Does \City of Cape Canaveral \Ordinances \Uniform Board_Ordinance.wpd
City of Cape Canaveral
Ordinance No. 12 -2003
Page 17 of 17