HomeMy WebLinkAboutOrdinance No. 04-2013 ORDINANCE NO. 04-2013
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CAPE CANAVERAL, BREYARD COUNTY, FLORIDA,
AMENDING THE DEFINITION OF "HEIGHT OF
BUILDING" SET FORTH IN SECTION 110-1 OF THE CAPE
CANAVERAL CODE OF ORDINANCES; 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, the City Council desires to clarify the definition of"height of building" set
forth in Chapter 110, Zoning, of the Cape Canaveral Code of Ordinances as set forth herein; 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.
NOW,THEREFORE,THE CITY OF CAPE CANAVERAL HEREBY ORDAINS,AS
FOLLOWS:
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. Amendment to Section 110-1. Section 110-1, of the Code of Ordinances,
City of Cape Canaveral,Florida,is hereby amended as follows(underlined type indicates additions
and strikeout type indicates deletions,while asterisks(* * *)indicate a deletion from this Ordinance
of text existing in Section 110-1. It is intended that the text in Section 110-1 denoted by the asterisks
and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption
of this Ordinance):
Sec. 110-1.-Definitions.
Height of building means the vertical distance from 12 inches above the crown of the fronting
road or finish grade at the building line,whichever is highest,to(I)the highest point of flat roof;(ii)
the deck line of a mansard roof; (iii) the average height between the eaves and ridge for gable,hip
and gambrel roofs. Excess fill placed at or around any portion of the building shall not be used as
City of Cape Canaveral
Ordinance No.04-2013
Page 1 of 3
a means to circumvent any maximum height requirement. Excess fill shall mean any fill above the
first/ground floor elevation. Measurement must be in compliance with the 100-year flood level,as
determined by the Federal Emergency Management Agency.
* * *
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.
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. Grammatical,typographical,and like
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
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 Cd9i1 of the City of Cape Canaveral, Florida.
ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 19th day of
March, 2013, ,
GyG.v1 (.13..P4141Q4-
Rocky Randels, Mayor
ATTEST:- ,.
�' For Against
John Bond X
ANG A APPERS ,City Clerk Bob Hoog Second
} Buzz Petsos X
{
Rocky Randels X
Betty Walsh Motion
First Reading: February 19,2013
Legal Ad published: February 28,2013
Second Reading: March 19,2013
City of Cape Canaveral
Ordinance No.04-2013
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Approved as to legal form and sufficiency
for the C. o Cape Canaveral only by:
ANTHONY A. GARGANESE, City Attorney
}
City of Cape Canaveral
Ordinance No.04-2013
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