HomeMy WebLinkAboutOrdinance No. 16-19981
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ORDINANCE NO. 16-98
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL,
BREVARD COUNTY, FLORIDA, AMENDING CHPATER 110,
DIVISION 8, SWIMMING POOLS, SECTION 110 -581
CONSTRUCTION AND LOCATION, SECTION 110 -582
ENCLOSURE, AND SECTION 110 -584 MINIMUM SETBACKS OF
THE CODE OF ORDINANCES OF THE CITY OF CAPE
CANAVERAL, FLORIDA; REPEALING ALL PORTIONS OF THE
CODE IN CONFLICT HEREWITH; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
BE IT ORDAINED, by the City Council of the City of Cape Canaveral,
Brevard County, Florida, as follows:
SECTION 1. Chapter 110, Division 8, Swimming Pools, is hereby amended by
repealing paragraphs (g) and (h), Section 110 -581; in their entirety and adopting the
following paragraph (g) in lieu thereof
Sec.110- 581(g). For the purposes of this Section, neither pools nor
screened enclosures are considered structures for the sole purpose of
determining lot coverage. Pools and screen enclosures shall meet the
setback requirements as stipulated elsewhere in this Chapter.
SECTION 2. Chapter 110, Division 8, Swimming Pools is hereby amended by
repealing Section 110 -582, Enclosure, in its entirety and adopting the following in lieu
thereof:
Sec.10 -582. Enclosure.
(a) Any portion of a swimming pool to which access may be obtained from
outside a residence, building or similar structure shall be required to be
protected by a barrier as stipulated in the Standard Swimming Pool Code
as adopted in Chapter 82 of the City Code of Ordinances.
(b)
Any portion of a swimming pool to which access may be obtained from
inside a residence, building or similar structure where a wall of the
residence, building or similar structure serves as a portion of the barrier
required in (a) above shall be protected as stipulated in the Standard
Swimming Pool Code as adopted in Chapter 82 of the City Code of
Ordinances.
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City of Cape Canaveral
Ordinance No. 16-98
Page 2
SECTION 3. Chapter 110, Division 8, Swimming Pools is hereby amended by
repealing paragraph (a) of Section 110 -584, Minimum Setbacks, in its entirety and
adopting the following in lieu thereof:
Sec.110 -584. Minimum Setbacks.
(a) The minimum setbacks for swimming pools, enclosures and accessories
shall be as follows and shall be in compliance with the electrical code as
adopted in Chapter 82 of the City of Code of Ordinances:
(1) Front, twenty -five (25) feet (see subsection (b) of this section).
(2) Side (interior lot line), eight (8) feet.
(3) Side (corner lot line), twenty -five (25) feet; on all nonconforming
lots of record fifteen (15) feet (see subsection (b) of this section.)
(4) Rear, five (5) feet (see subsection (c) of this section).
SECTION 4. Any ordinance or parts of an ordinance, in conflict herewith are
repealed.
SECTION 5. 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 6. This Ordinance shall take effect immediately upon its adoption.
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City of Cape Canaveral
Ordinance No. 16-98
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ADOPTED BY the City Council of the City of Cape Canaveral, Florida this 5th
day of May, 1998.
APPR
CIC/ic24Z-aCL
Rocky Randels, mAYOR
FOR
Burt Bruns Motion
Tony Hernandez Second
Buzz Petsos X
Absent
Joy Salamone Absent
Rocky Randels
ORM: A
Kohn Bennett, CITY : % ORNEY
\\ CAP& Nnoityclerk iCityCIMOtdmonoeaLStiv uuuugPool SaHreoks, Locationkc Enotosme.doo
AGAINST
FirstReading. April 21,1998
Posted: April 22, 1998
Published: April 25, 1998
Second Reading. May 5, 1998