HomeMy WebLinkAboutOrdinance No. 26-1990ORDINANCE NO. 26 -90
AN ORDINANCE AMENDING SECTION 641.27 OF THE
ZONING REGULATIONS OF THE CITY OF CAPE
CANAVERAL, BREVARD COUNTY, FLORIDA, BY
PROVIDING FOR AN EXCEPTION IN ALL DISTRICTS
FOR A SIX FOOT HIGH FENCE WITHIN THE
TWENTY -FIVE FOOT SETBACK ABUTTING ANY PUBLIC
RIGHT -OF -WAY IF ASCERTAINABLE HAZARDS ARE
SHOWN TO EXIST; REPEALING ALL PORTIONS OF THE
CODE IN CONFLICT HEREWITH; PROVIDING AN
EFFECTIVE DATE.
BE IT ORDAINED by the City Council of the City of Cape
Canaveral, Florida, as follows:
Section 1. Section 641.27, "Fences, Walls and Hedges" is
hereby amended by adding subparagraph 3 to Section 641.27(A) as
follows:
Sec. 641.27(A)(3) In any district, the
Planning and Zoning Board may provide an
exemption allowing a fence of six (6) feet in
height within twenty -five (25) feet of any
yard abutting any public right -of -way if the
applicant can demonstrate that an
ascertainable and definable hazard will be
reduced by the construction of the six (6)
foot fence. The applicant must also
demonstrate that the additional height will
not cause a visual obstruction to motorists
deemed hazardous by the Planning and Zoning
Board. A written request for an exemption
shall be filed at least twenty one (21) days
prior to the Planning and Zoning Board
meeting at which it is to be considered and
notice of the meeting shall be mailed to all
property owners within a 300 foot radius of
the property seeking exception. The
applicant shall pay a fee as established by
the City Council from time to time by
resolution.
Section 2. All portions of the Code in conflict herewith
are hereby repealed.
Section 3. This Ordinance shall take effect immediately
upon its adoption.
ADOPTED by the City Council of Cape Canaveral, Florida,
, 1990.
NO
ARABIAN
PORTER
RANDELS
SALAMONE
First Reading May 15, 1990
Posted: May 17, 1990 90
Advertised: May n24, 199090
Second Reading: