HomeMy WebLinkAboutOrdinance No. 06-19971
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ORDINANCE NO. 06-97
AN ORDINANCE OF 1HE CITY OF CAPE CANAVERAL,
BREVARD COUNTY, FLORIDA, AMENDING CHAPTER
110, ZONING, ARTICLE IX, SUPPLEMENTARY DISTRICT
REGULATIONS, BY THE ADDITION OF A NEW SECTION
110 -482, UNDERGROUND UTILITIES REQUIRED, BY
PROVIDING FOR THE CONSTRUCTION OF UTILITIES
UNDERGROUND ON ALL NEW CONSTRUCTION;
PROVIDING FOR REPEAL OF CONFLICTING
ORDINANCES IN CONFLICT HEREWITH; PROVIDING
FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, it is recognized by the Florida Supreme Court that the use of the City's
police power to promote aesthetic beauty for the protection of property values, tourism, and
other economic interests deemed vital to a City is lawful; and
WHEREAS, the City Council of the City of Cape Canaveral through the exercise of the
City's police powers, and other governmental, corporate, and proprietary powers, hereby
provides that in the interests of aesthetics, utility lines of all kinds shall be constructed and
installed by developers beneath the surface of the ground under the terms and conditions
contained in this Ordinance; and
WHEREAS, the City Council also finds that the construction and installation of utility
lines underground is in the best interests of the public health, safety, and welfare of the citizens of
Cape Canaveral because in the event of severe storm or hurricane, underground utility lines are
less prone to storm or hurricane damage and maximize neighborhood safety; and
WHEREAS, this Ordinance is not intended to effect existing franchise agreements
between the City of Cape Canaveral and various utility companies; and
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City of Cape Canaveral
Ordinance No. 06 -97
Page 2
BE IT ORDAINED, by the City Council of the City of Cape Canaveral, Brevard
County, Florida, as follows:
SECTION 1. Section 110 -482, Underground Utilities Required, is hereby established as
follows:
Sec. 110 -482. Underground Utilities Required.
Utility lines of all kinds, including, but not limited to, electrical service conductors,
telephone, cable television, water, sewer, gas and reclaimed water shall be
constructed and installed beneath the surface of the ground and in compliance with
all applicable laws and ordinances unless it is determined by the City Manager with
input from the Building Official and Public Work Director that soil, topographical,
or any other compelling conditions make the installation of such utility lines as
prescribed herein unreasonable or impractical. Primary facilities providing service
to the site and leading to the site from franchised utilities shall be placed
underground. It shall be the developer's responsibility to make the necessary
arrangements with each utility in accordance with that utility's established policies.
Installation of incidental appurtenances such as transformer boxes, pedestal
mounted boxes for electricity, or similar service hardware necessary for the
provision of electric and communication utilities shall not be required to be placed
underground, although screening of such appurtenances by the use of vegetation is
required.
SECTION 2. Any ordinance, or parts of an ordinance, in conflict herewith are repealed.
SECTION 3. 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.
SECTION 4. This Ordinance shall take effect immediately upon its adoption.
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City of Cape Canaveral
Ordinance No. 06 -97
Page 3
ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 6th day of
May, 1997.
ATTEST:
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4 'i-
ohn K. Porter, MAYOR
MOTION: 'ETSOS SECOND: BRUNS
Burt Bruns
Tony Hernandez
Buzz Petsos
John Porter
Rocky Randels
FOR AGAINST
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First Reading: Apri115, 1997
Posted: Apri116, 1997
Published: Apri125, 1997
Second Reading: May 6, 1997