HomeMy WebLinkAboutOrdinance No. 25-1993NOTE: ORDINANCE NO. 25 -93, MOTION FOR FIRST READING
FAILED BY 4 TO 0 VOTE AT REGULAR CITY COUNCIL MEETING
HELD ON AUGUST 3, 1993.
ORDINANCE NO. 25 -93
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL,
BREVARD COUNTY, FLORIDA, AMENDING SECTION
659.13 E. OF THE CODE OF ORDINANCES OF THE
CITY OF CAPE CANAVERAL; PROVIDING THE BOARD OF
ADJUSTMENT WITH THE AUTHORITY TO EXEMPT ANY
LIGHTING OR ACTIVITIES FROM THE PROVISIONS OF
CHAPTER 659; PROVIDING REQUIREMENTS FOR AN
APPLICATION TO EXEMPTION; PROVIDING
CONSIDERATIONS FOR THE GRANTING OF A SPECIAL
EXCEPTION; DELETING THE APPEAL OF A DENIAL OF
AN EXCEPTION TO THE CITY COUNCIL; PROVIDING
FOR SEVERABILITY; PROVIDING FOR REPEAL OF
CONFLICTING ORDINANCES AND RESOLUTIONS; 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 659.13 E. of the Code of Ordinances of the
City of Cape Canaveral, is amended to read as follows:
t' Authority. It is the policy of the
city to minimize artificial light illuminating
within the jurisdictional boundaries of this
Chapter oo as to reduce artificial light on the
beaches. However, the City recognizes that the
protection of sea turtles must be balanced with the
health, safety, and welfare interest of persons
which may warrant more light or additional beach
activity along some beaches. In recognition of the
need to balance the interest of the sea turtles
with the interests of public safety, the
administrator goaconioNgtom shall have the
authority to exempt ` '` any lighting or activities
affected by this Chapter from any or all '
of these regulations upon written application in
accordance with Section 659.13 E.3. ?C<
•
2. Consideration for granting exemptions. In
reaching a decision on a written application
for cxcmption, thc administrator shall
consider the following:
a. It is dctcrmincd that there will be no
Significant advcrsc effect upon the
surrounding lands and waters.
b. It is determined that thcrc will bc no
significant advcrsc cffcct upon the
environmental quality of thc arca.
c. It is dctcrmincd that public 3afcty will
bc adversely affected to a Significant
degree should thc cxcmption not be
granted.
d. The exemption, if granted, i3 thc minimum
cxcmption that will make po33iblc
reasonable protection of both thc sca
turtles and thc public 3afcty concerns.
City of Cape Canaveral, Florida
Ordinance No. 25 -93
Page 2
1. An application for exemption 4
'• •': • <� under u
cc ion s a l�e...mac e:.....i .. wrgting . on
provided by thc administrator
and shall include
a. A plan which shall depict the site,
location of all buildings or structures
on the site, and location of all lighting
on the site;
b. The nature of the exemption request;
c. Written reasons why the exemption should
be approved;
d. Any additional necessary or appropriate
items which the board of adjustment may
require.
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4. Denial of cxemption. If the administrator
dcnic3 thc exemption, thc applicant may file
an appeal of thc administrator's written
dcci3ion with thc City Council of thc City of
Capc Canaveral.
SECTION 2. 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.
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City of Cape Canaveral, Florida
Ordinance No. 25 -93
Page 3
SECTION 3. Conflicting Provisions. Any ordinance, or parts
of an ordinance, in conflict herewith are hereby repealed.
SECTION 4. Effective Date. This ordinance shall take effect
immediately upon its adoption.
ADOPTED BY the City Council of the City of Cape Canaveral,
Florida, this day of , 1993.
ATTEST:
Faith G. Miller, CITY CLERK
Approved as to Form:
John R. Kancilia, CITY ATTORNEY
Joy C. Salamone, MAYOR