HomeMy WebLinkAboutOrdinance No. 34-2003 ORDINANCE NO 34 -2003
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL,
FLORIDA, AMENDING CODE SECTION 110 -469;
PROVIDING FOR VISIBILITY AT INTERSECTIONS;
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 Florida
Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
law; and
WHEREAS, the City Council is engaged in a comprehensive review of the City Code of
Ordinances; 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
reference as legislative findings and the intent and purpose of the City Council of the City of Cape
Canaveral.
Section 2. Code Amendment. That Section 110 -469 of the Code of Ordinances, City of i
Cape Canaveral, Florida, is hereby amended as follows (underlined type indicates additions and
strik -eeut type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of
text existing in Section 110 -469. It is intended that the text in Section 110 -469 denoted by the
asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to
adoption of this Ordinance).
Article IX. Supplementary District Regulations
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Sec. 110 -469. Visibility at intersections.
City of Cape Canaveral
Cif Ordinance No 34 -2003
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On a corner lot in any zoning district, nothing, • • ; ; . . _ • • , . • , 1 cie .,- - - • - - - • - • - - - , shall be erected or placed, between-a •
- _ . ' - ..- : : . - - - - - • _ : _ . - - : • - - : • - _ - : in the triangular
area bounded on two sides by the street right -of -way lines and on the third side by a straight line
drawn between two points on the street right -of -way line located 25 feet from the point of the
intersection of the street right -of -way lines: ( "site visibility triangle "), except traffic signs, utility
poles and infrastructure, sidewalks, and ground cover landscaping (e.g. grass, very small shrubs).
Ground cover landscaping shall not exceed one and one -half (1 12) feet in height at and after
planting.
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As provided above, trees shall not be planted within the site visibility triangle. Any tree
existing within this triangular area, as of the effective date of this ordinance, shall be allowed to
remain provided the same is trimmed and maintained such that no part of the tree canopy is lower
1 , than ten (10) feet in height, measured from the point located on the street right -of- way line nearest
the tree.
As provided above, fencing shall not be erected or placed within the site visibility triangle. 1'
Any chainlink, wire, or split -rail fencing which lawfully existed as of the effective date of this
ordinance, shall be allowed to remain provided the same is maintained clear of vegetation or other
opaque material. Any lawfully existing fence shall be removed from the site visibility triangle at the
3 time of permitting any new fencing upon the property.
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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.
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J Section 4. Incorporation Into Code. This ordinance shall be incorporated into the Cape 1
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.
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Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or
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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. F'
Section 6. Effective Date. This Ordinance shall become effective immediately upon
adoption by the City Council of the City of Cape Canaveral, Florida.
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City of Cape Canaveral
(re Ordinance No. 34 -2003
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, ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 21st day of
' Cir, October, 2003.
C_IO 04,\ cisz".
Rocky Randels, Mayor ,
ATTEST:
For Against
Bob Hoog Motion
` -, - r - % ,_ -
i Jim Morgan X
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~ �Or Buzz Petsos Second
Sus StJ s, City. rlc
�� Rocky Randels X
Richard Treverton X
First Reading: 10/07/2003
Legal Ad published: 10/11/2003
Second Reading: 10/21/2003
Approved . • legal form and sufficiency for
f the Ci , • Case Canaveral only:
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Anthony A. Garganese, City Attorney
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City of Cape Canaveral
Ordinance No. 34 -2003
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