HomeMy WebLinkAboutOrdinance No. 01-2012 1
ORDINANCE NO. 01 -2012
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL,
FLORIDA, AMENDING SECTION 82 -31 OF THE CAPE
CANAVERAL CODE OF ORDINANCES RELATED TO
ADOPTION OF THE FLORIDA BUILDING CODE;
PROVIDING THAT THE 2010 FLORIDA BUILDING CODE,
AS MAY BE AMENDED, SHALL BE THE BUILDING CODE
ADOPTED AND ENFORCED IN THE CITY; REPEALING 1
SPECIFIC REGULATIONS RELATING TO WIND SPEED
ZONES CONSISTENT WITH THE LATEST REVISIONS TO
THE FLORIDA BUILDING CODE; 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 State
Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
law; and
WHEREAS, unless otherwise provided by law, section 553.80, Florida Statutes, requires
the City to enforce the Florida Building Code on all public or private buildings, structures, and
facilities; and
WHEREAS, the latest Florida Building Code updates become effective on March 15, 2012;
and
WHEREAS, the updates to the Florida Building Code make significant changes to the
minimum wind speed design criteria required to be applied to the construction of new structures; and
WHEREAS, the updates to the Florida Building Code call for the use of the structure, as
opposed to the location of the structure, to be taken into consideration in order to determine the wind
speed design required; and
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WHEREAS, the City Council desires to amend the Cape Canaveral City Code, as set forth
herein, consistent with the latest changes to the Florida Building Code; 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:
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City of Cape Canaveral
Ordinance No. 01 -2012
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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 82, Buildings and Building Regulations, of the
Code of Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows (underlined type
indicates additions and MI ikeoat type indicates deletions, while asterisks (* * *) indicate a deletion
from this Ordinance of text existing in Chapter 82. It is intended that the text in Chapter 82 denoted
I by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing
prior to adoption of this Ordinance):
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I CHAPTER 82. BUILDINGS AND BUILDING REGULATIONS
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I ARTICLE II. BUILDING CODE
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1 Sec. 82-31. - Florida Building Code adopted.
The Florida Building Code 2007 2010 edition, as may be amended from time to time, as 1
I published by the Florida Building Commission, shall be known as the City of Cape Canaveral
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1 Building Code and is hereby adopted by reference and incorporated herein as if fully set out.
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1 .shall 3%.1 V 1., CI.3 thi., 'maid of adjuntiii.,nt and app,a6 ftn thi3
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1 (b) Wind speed zone: All of thc city as described within the City Charter, article I, section
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( c) Wind exposure catcgory. All of thc city as described within the City Charter, article
1, sectiorr2-,-is-i11 the-wind ,.,xposurc cak y Xpubl.n "C."
(d) Wind borne debris region. All of thc city as described within the City Charter, article
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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
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1 resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
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i Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the
1 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
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1 City of Cape Canaveral
i Ordinance No. 01-2012
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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
I 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.
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Section 6. Effective Date. This Ordinance shall become effective on March 15, 2012.
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I ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 21st day of
Feliruaty;, 28 �,AN gV ° `'e Q
GQ" F %I ,f
' , o CY Q
.= �, 0 i t Rocky Randel3, Mayor
ATT r: A _ =i F or Against
'J n` I X
L John B
A AP S ty C lerk Bob Hoog Motion
t i t . .4, • ••...•' • . ` S.` r -
Buzz Petsos Second
Rocky Randels X 1
Betty Walsh X
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I First Reading: January 17, 2012
I Legal Ad published: January 23, 2012 1
I Second Reading: February 21, 2012
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Approved to legal form and sufficiency
for the ty f Cape Canaveral only by:
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ANTHONY A. GARGANESE, City Attorney
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City of Cape Canaveral
Ordinance No. 01 -2012
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