HomeMy WebLinkAboutOrdinance No. 28-1994•
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ORDINANCE NO. 28 -94
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD
COUNTY, FLORIDA, AMENDING SECTION 110 -567 (6), INTERIOR
LANDSCAPING FOR OFF - STREET PARKING AREAS, AND SECTION 34-
122, PUBLIC NUISANCE PROHIBITED, AND SECTION 102 -36,
DEFINITIONS, AND SECTION 102 -39, PENALTIES AND SECTION
102 -41, PROTECTION OF TREES AND VEGETATIVE BUFFERS OF THE
CODE OF ORDINANCES OF THE CITY OF CAPE CANAVERAL TO
PROVIDE FOR THE PRESERVATION OF TREES WITH A DIAMETER AT
BREAST HEIGHT (dbh) OF OVER THREE (3) INCHES; PROVIDING
FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING
ORDINANCES; 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 110 -567 (6), Interior Landscaping for
Off - Street Parking Areas, of the Code of Ordinances, City of Cape
Canaveral, Florida is hereby amended to read as follows:
Sec. 110- 567(A)(6). Interior landscaping for off- street
parking areas.
(a)
(6) Existing trees in proposed internal parking areas as
listed under subsection (b) of this section shall not be
removed if over 3 inches diameter at breast height (dbh)
without a permit from the building official. Every effort
shall be made to build, pave or otherwise construct around
existing trees of value.
SECTION 2. Section 34 -122, Public Nuisances Prohibited, of
the Code of Ordinances, City of Cape Canaveral, Florida is hereby
amended to read as follows:
Sec. 34 -122. Public nuisances prohibited.
The existence of excessive accumulation or untended
growth of weeds, undergrowth or other dead or living plant
life over 12 inches in height upon any lot, tract or parcel of
land, improved or unimproved, within 100 feet of the boundary
line of any improved property within the incorporated areas of
this city to the extent and in the manner that such lot,
tract, or parcel of land is or may reasonably become infested
or inhabited by rodents, vermin or wild animals or may furnish
a breeding place for mosquitoes; the existence of dead limbs
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City of Cape Canaveral, Florida
Ordinance No. 28 -94
Page 2
or portions of trees exceeding three inches in diameter at
breast height (dbh) which because of their location constitute
a hazard to adjoining property or overhead utilities on
adjoining property or public thoroughfares or the existence of
any such conditions which threaten or endanger the public
health, safety or welfare or may reasonably cause disease or
adversely affect and impair the economic welfare of adjacent
property, is hereby prohibited and declared to be a public
nuisance.
SECTION 3. Section 102 -36, Definitions, of the Code of
Ordinances, City of Cape Canaveral, Florida is hereby amended to
reflect changes in the definitions of "diameter at breast height
(dbh)" and "tree" as follows:
Sec. 102 -36. Definitions.
Diameter at breast height (dbh) means the diameter of the
trunk of a tree or the sum of the stems of multistemmed tree,
measured 4 -1/2 feet above natural or development grade.
Tree means a woody or fibrous perennial plant with one or
more upright limbs with a minimum dbh of 3 inches, or a sum of
dbh or 3 inches for multistemmed trees and an average mature
height of at least ten feet.
All other definitions as currently in effect in Sec. 102 -36,
Definitions shall remain intact.
SECTION 4. Section 102 -39 (d) (1) Penalties, of the Code
of Ordinances, City of Cape Canaveral, Florida is hereby amended to
read as follows:
Sec. 102 -39. Penalties.
(d) Land clearing permit.
A land clearing permit shall be required for clearing where an
active development order is being sought according to the
following:
• (1) The issuance of a land clearing permit shall be
required prior to land clearing after the applicant
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City of Cape Canaveral, Florida
Ordinance No. 28 -94
Page 3
has obtained an approved site plan, subdivision
approval or building permit, whichever is
applicable, according to the following:
(a) If one or more trees 3 inches dbh or greater,
excluding undesirable species, are to be
removed from the property.
(b) If 50 percent or greater or more than one
acre, whichever area is less, of the existing
vegetation is to be removed from the property,
excluding undesirable species.
SECTION 5. Section 102 -41 (b) (1) and (d) (1) Protection
of Trees and Vegetative Buffers, of the Code of Ordinances, City of
Cape Canaveral, Florida is hereby amended to read as follows:
Sec. 102 -41. Protection of Trees and Vegetative Buffers.
(b) Preservation thresholds.
(1) Protected trees. Any tree, with the exception of the
undesirable species listed in section 102 -45, having a
diameter (DBH) of 3 inches or greater shall be protected.
(d) Replacement criteria.
(1) The developer shall provide one or more native trees to
replace the removed tree where the total dbh of the
replacements is equal to 100 percent of the total dbh of the
tree removed, provided that the height above soil level is at
least ten feet. Replacement trees shall have a minimum of a
dbh of three inches.
SECTION 6. 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. 28 -94
Page 4
SECTION 7. Conflicting Provisions.
Any ordinance, or
parts of an ordinance, in conflict herewith are repealed.
SECTION 8. Effective Date. This ordinance shall take
effect immediately upon its adoption.
ADOPTED BY the City of Cape Canaveral, Brevard County,
Florida, this 19th day of July , 1994
ATTEST;
a�
Faith. Miller;' °
APPR9V, ED
CLERK
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ORr :
Kanci1i PITY ATTORNEY
(r);i .; .
John K. Porter, Mayor Pro Tem •
First Reading : 7/5/94
carted; 7 /7/94
vertiseda 7/9/94
d R ;,;ding 7/19/94